Senate Standing Committee on Local Government
- María Elena Durazo
Legislator
Good morning, everyone. Thank you for joining us for this meeting of the Senate Committee. Good morning, Senators and staff. We welcome the public in person, and we are holding our Committee hearings here in the O Street building. I ask all Members of the Committee be present in room 2200 so we can establish our quorum.
- María Elena Durazo
Legislator
It looks like we have a quorum. We have 12 bills on today's agenda, two of which are on consent. File item number six, SB534, and file item seven, SB558. Please note that this is our final regularly scheduled hearing on Senate bills. We will begin hearing Assembly bills in June.
- María Elena Durazo
Legislator
Please expect the first hearing to be scheduled for June 18th. Finally, we will have an informational hearing scheduled in Los Angeles next Friday, May 16, on land use and housing policies to rebuild communities affected by the alley fires. I think we can proceed with quorum. Assistant, Please call the roll.
- María Elena Durazo
Legislator
Thank you. Now we can take up the consent calendar. Yes. A motion. Do I have a motion? Senator Choi makes a motion to adopt the consent calendar. Please call the roll.
- María Elena Durazo
Legislator
Okay, the vote is 4-0. We keep the Bill on call. We will now hear from our first author. Welcome, Senator Grayson. And you will be presenting SB227. Good morning.
- Timothy Grayson
Legislator
Good morning. Madam Chair and Members of the Committee, I would like to first start off by thanking the Committee for their work and collaboration with our office.
- Timothy Grayson
Legislator
I am pleased to present SB227, which extends authorization of the Green Empowerment Zone, also known as GEZ, and expands the GEZ board's jurisdiction to include four additional cities and environmental justice representatives. As many of you know, the San Francisco Bay Area is the second largest oil refining hub in or on the West Coast.
- Timothy Grayson
Legislator
In 2020, the Marathon Martinez refinery in Contra Costa was indefinitely idled, resulting in the immediate loss of 700 jobs. This abrupt closure deeply affected not only the workers and their families, but also served as a war signal to the broader community about the volatility of this industry and the potential risk to thousands more refinery jobs amid our state's shift toward clean energy.
- Timothy Grayson
Legislator
Now, in response to that, I did author AB844 in 2021, which established the Green Empowerment Zone. For the northern waterfront area of Contra Costa County.
- Timothy Grayson
Legislator
The GEZ builds upon state and regional partnerships to attract state incentives, whether it be tax incentives, grants, loan program, private sector investments, and all focused on fostering the region's green and clean energy economy.
- Timothy Grayson
Legislator
Now, the GEZ Board of Directors already includes a diverse array of stakeholders, yet there is an absence, there's an absence of environmental justice organizations, which we're trying to fix with this Bill. It leaves really a critical perspective unaddressed. So the Board has the authority to also incorporate new cities.
- Timothy Grayson
Legislator
Explicitly codifying these new cities into the Bill would give us the ability to sustain and be proactive as far as unity and participation on a regional level. SB227 also addresses those gaps by formally expanding the GEZ to include El Cerrito, Pinole, Richmond and San Pablo, and by adding environmental justice representatives to the Board.
- Timothy Grayson
Legislator
In addition, the Bill extends the Board's authorization date to 2040. This is really, really providing long term stability and framework for sustainable regional collaboration, especially when it comes to public private partnerships and the investment that goes into it. They have to have the certainty of a longer term. And there are other reasons.
- Timothy Grayson
Legislator
With the 2035 target to end the sale of gas powered vehicles, it does give the it is critical that the GEZ is authorized beyond that deadline, especially given the unique role that the District's refineries play in the regional economy and energy transition.
- Timothy Grayson
Legislator
So extending the authorization to 2040 would provide the Board with the Runway that it needs to support decarbonization efforts, invest in emerging clean technologies, and maintain regulatory and financial stability for industries and workers impacted by the transition away from fossil fuels.
- Timothy Grayson
Legislator
By incorporating these additional voices onto the board and extending the authorization, 227 strengthens the board's ability to leverage regional assets, facilitate a just transition to a lower carbon economy, and creates pathways for equitable economic growth.
- Timothy Grayson
Legislator
I know the board in its original formation also required reports, and it took a little longer for us to stand up the board than what we were expecting because each jurisdiction has to bring it to a public meeting and vote. And it took a little while to coordinate all of those jurisdictions to come onto this board.
- Timothy Grayson
Legislator
But we are very excited. This board is comprised of elected officials from local governments. It is comprised of county officials, as well as labor and environmental, environmental justice groups and higher education institutions as well. Very good Bill. It's working fabulously and we're expecting it to work even greater with this Bill. Thank you.
- María Elena Durazo
Legislator
Thank you. Senator Grayson, do we have anyone in support of SB227? Okay. Seeing none anyone in opposition to SB227? No hearing. None. Coming here to the Members. Questions? Comments? Senator Cabaldon?
- Christopher Cabaldon
Legislator
Yeah, thank you, Madam Chair. I really want to salute the work of the Senator on this. On this. On this legislation. But on the Zone, originally, I represent the nine cities that are currently covered in the Zone. I represent four of them. The analysis doesn't mention Palayo, but Palayo is a proud member of the Zone as well.
- Christopher Cabaldon
Legislator
And it's inspired by, as Senator Grayson said, by the by, what's happened across the. Across the straits from my district. But if there was ever a time when we need the Zone is it's with the recent announcements at the Valero refinery in Benicia, which is in my district, that this.
- Christopher Cabaldon
Legislator
That I'm so grateful that this infrastructure that Senator Grayson has not just been carrying legislatively, but doing all of the legwork to bring the Zone to life and then to keep perfecting it. If it weren't for this, we would be so far behind in preparing either to avert the closure or to. Or to respond and to change the direction. So I really appreciate the Senator's work on this.
- Christopher Cabaldon
Legislator
Look forward to continuing the partnership and, and the recognition that this cannot succeed without the active engagement of the environmental justice community who would have been part of it, but now will be a formal part of the board and recognized in law for that, for that work. So thank you so much. At the appropriate time, I'd love to move the Bill.
- Kelly Seyarto
Legislator
I have a question. I have no problem with a couple of, you know, extending the sunset date makes a lot of sense. Making sure it's inclusive of all interests. That makes sense. Repealing the requirement to report the metrics.
- Kelly Seyarto
Legislator
Because this, it seems really important to me that if this is to be something that other regions may look at and say, ooh, that model works, we should follow it. That we need some proof that it's working.
- Kelly Seyarto
Legislator
And if we're not going to do the reporting of the metrics of how it's working and have some show of progress, how are we. How are we going to. How are we going to show them that?
- Timothy Grayson
Legislator
Senator, you can take all the credit today for having that report reinstated back into the. It is our intention to make sure that the reporting requirements stay intact and are in there.
- Timothy Grayson
Legislator
That I think there was just a little bit of a misunderstanding on language and we are going to make sure that reporting is a part of the. Okay. Composition of the Green Impairment Zone.
- Kelly Seyarto
Legislator
Yeah, it almost has to be. If we want to be successful, but also because, you know, there's also sometimes the reports don't come back all rosy. Yes. And they indicate a need to make adjustments.
- Kelly Seyarto
Legislator
And we have some of those indicators out there right now already, and, you know, some of it with the Valero plant closing and others. You know, one of the main goals this at the beginning of session this year was that we are going to address the affordability crisis. Yes. Well, if we don't address the.
- Kelly Seyarto
Legislator
The reasons behind the affordability or the unaffordability, we're not going to address that. And at the root, the root cause of affordability is energy policy. Energy policy related to this specifically. So anyway, we'll be supporting your Bill today.
- Kelly Seyarto
Legislator
Just want to make sure that we see that when it gets to the floor that we will see that language where it does have some reportability on the metrics. Thank you. Very good.
- María Elena Durazo
Legislator
Okay, no more comments or questions. I too want to add to my colleagues remarks. I'm really glad to support this and glad to see this work being done.
- María Elena Durazo
Legislator
I don't want to say in advance of a crisis because we are in somewhat of a crisis already, but this would certainly add to our ability to address that crisis in a way in which people are really involved. So I commend you and I support your Bill and we could move on. Okay. And the motion?
- María Elena Durazo
Legislator
The Bill has been moved by Senator Cabladon. Oh, I'm sorry.
- Timothy Grayson
Legislator
Yes. Closing remarks. I want to thank the chair and the Committee for your Collaboration. Thank the good Senator for his observation of reporting. Accountability and transfer and transparency remain high priority in my governance and how I legislate. So with that, I respectfully ask for an aye vote.
- María Elena Durazo
Legislator
Thank you. The motion is do pass to the Senate Floor. Call the roll.
- María Elena Durazo
Legislator
The vote is 5-0 and will remain on call. Thank you, sir. Thank you, Madam Chair. Okay, we'll move on to item number two, SB390. Senator Becker, welcome.
- Josh Becker
Legislator
Good morning, Chair. Members, thank you for the opportunity to present SB 390. And thank you to the chair. Thank you to the committee and the staff to. For your work on this bill. Excuse me.
- Josh Becker
Legislator
This bill addresses an unintended gap in the Mello-Roos Act that allows fully developed commercial properties with partial conservation easements to opt out of contributing to infrastructure funding.
- Josh Becker
Legislator
This loophole was highlighted by a 2019 court ruling that invalidated a legally approved CFD in South San Francisco in my district, despite receiving a 2/3 super majority vote, the bill is narrowly crafted to play only to properties within the regional shoreline of San Mateo county, where many parcels are subject to BCDC.
- Josh Becker
Legislator
The Bay Conservation and Development Commission Easements BCDC Easements. Developed properties benefit from local infrastructure, roads, water, sewers and should contribute to the costs under current law. Some owners enjoy these services while avoiding their fair share of funding, shifting the burden to other taxpayers.
- Josh Becker
Legislator
SB 390 restores the intent of the Mello-Roos Act by ensuring that all benefiting properties participate equitably in funding improvements. South San Francisco's 101 corridor is home to the world's largest biotech cluster. Planned infrastructure upgrades are over $180 million and they're essential to support expected job growth of up to 100,000 employees total by 2040.
- Josh Becker
Legislator
And without this bill, the city faces significant barriers to financing critical transportation and public service improvements. These improvements include multimodal transit, bike, pedestrian paths, bay trail access, all aligned with California's climate goals. Ironically, some conservation easements blocking CFD participation also benefit directly from these environmental upgrades. This bill does not remove conservation easements or cancel the protection.
- Josh Becker
Legislator
It still requires the formation of a CFD to meet the 2/3 voter approval threshold and it ensures local control while resolving a technical obstacle to infrastructure investment. SB 390 upholds the will of local voters by preventing a minority of landowners from vetoing democratically approved community funding plans. Thank you.
- Josh Becker
Legislator
And today I'm joined by Eddie Flores, the Mayor of South San Francisco.
- Eddie Flores
Person
Thank you. Good morning Chairwoman Durazo and members of the Senate Local Government Committee.
- Eddie Flores
Person
My name is Eddie Flores and I am proud to serve as a Mayor of South San Francisco and also serve as President of the League of California Cities Peninsula division, representing all 20 cities in San Mateo county and all 16 cities in Santa Clara County.
- Eddie Flores
Person
And as co chair of the Cal Cities Latino Caucus, I am here today in strong support of Senate Bill 390. I want to begin by thanking Senator Becker for his leadership on this important piece of local legislation.
- Eddie Flores
Person
SB 390 is a district specific bill that provides the City of South San Francisco with the authority to advance a Community Facilities District, or CFD and close a loophole that exempts certain property owners from participating.
- Eddie Flores
Person
This loophole allows property owners with conservation easements on developed or entitled parcels to avoid contributing to infrastructure improvements even though their properties benefit directly from them. The east of Highway 101 area in South San Francisco is home to the largest and fastest growing life sciences and biotech cluster in the world.
- Eddie Flores
Person
It currently includes over 250 biotech firms with 7.5 million square feet of space under construction or approved for development. This area is also a vital industrial and warehouse hub for the San Francisco Bay Area. We project that by 2040 the number of employees in this area will triple to nearly 100,000.
- Eddie Flores
Person
The Eastern Neighborhood CFD supports the state's and the city's climate goals by encouraging commuters to the city's biotech hub to take transit and bike, walk or use other non motorized transportation to complete their commutes.
- Eddie Flores
Person
It enhances public access to the San Francisco Bay Trail by making it safer and more convenient to bike, walk or use transit options to get them from other parts of the city. To keep pace with this extraordinary growth and maintain our status as a global leader in biotech innovation, South San Francisco must modernize critical public infrastructure.
- Eddie Flores
Person
The CFD will support essential improvements multimodal transportation infrastructure, including transit, bike, and pedestrian upgrades. Enhanced public access to the Bay Trail and shoreline for nearby residential neighborhoods. Senate Bill 390 makes a narrow technical amendment to the Mello-Roos Act that applies solely to South San Francisco.
- Eddie Flores
Person
Again, the goal is to ensure all property owners who benefit from public improvements, regardless of conservation eastman status contribute fairly to the cost of those improvements. In closing, thank you for your time and consideration of this local government policy and I respectfully urge your support for SB 390.
- María Elena Durazo
Legislator
Thank you, Mr. Flores. Anyone else in support of SB 390? See none. Anyone in opposition to SB 390? Seeing none. Okay, any questions or comments? Senator Cabaldon.
- Christopher Cabaldon
Legislator
I have a question. I'm supportive of the bill. It's raised an interesting question, and the original legislation was by my predecessor three generations ago.
- Christopher Cabaldon
Legislator
And I don't know if it's a question for the author or the sponsor or for the committee staff, but are we talking here then about parcels that have an easement on a portion of the parcel and the remainder of the parcel is developed? Is that what are these parcels that exist in both dimensions at the same time?
- Eddie Flores
Person
Yes, absolutely. That is true. So some of the parcels are separated by two, but it could be a combination of both two.
- Christopher Cabaldon
Legislator
Okay, so the. So the parcels that are fully in an agricultural or a conservation easement and can't be developed, those would also be covered here.
- Christopher Cabaldon
Legislator
Or is it only applied to parcels that are, you know, there's a commercial enterprise or an office building on the parcel, but the parcel also Includes an open space easement of, you know, eight feet wide to get to the, to the bay or something like that is.
- Christopher Cabaldon
Legislator
Which is it both things are just the only ones with the conservation easement. Yeah, but, but that have only a conservation easement or that have a conservation easement. Okay. So. But what I'm trying to describe is the, the bill is originally motivated.
- Christopher Cabaldon
Legislator
The original bill from 25 years ago was really motivated by, you know, Williamsback easements sort of things that were parcel wide. Sure. And so, you know, the case was made like you shouldn't be in a CFD because this is an undevelopable parcel. But the case that you're describing is these are developable and in many cases developed already.
- Christopher Cabaldon
Legislator
So are the parcels like partly developed and part. So unlike Williamson Act, which it would be partial wide. But I'm assuming then from the BCDC that these are open space easements or some similar easement that is just a portion of the legal partial. That is it that's at stake here.
- Christopher Cabaldon
Legislator
Okay. All right. It doesn't. I'm for it either way. I think this is the right. But I'm just the issue. Especially since we're making this, we're having to declare findings that we can't make a bill, a statewide application. We can't. But I do think it's an.
- Christopher Cabaldon
Legislator
This bill, this bill raises a bigger policy question about how about these kinds of parcels that may exist in other context because BCDC is obviously not the only one that does this.
- Christopher Cabaldon
Legislator
And as we're particularly, we're seeing more development at the, at the interface and more and open space easements which are different from ag or other kind of conservation easements, which are often intended to provide linkages between urban and open space uses, other open space uses. So it's, it's not about, it's not about this specific proposal here.
- Christopher Cabaldon
Legislator
But I do think it raises an issue for the, for the committee or for others or maybe me to look at it in the future. So appreciate, appreciate you totally unaware that this was an issue and I think you've raised a good one too. Thank you.
- Kelly Seyarto
Legislator
I have a question about the. When the CFD is formed, usually it's done prior to development and there's usually one or two landowners who want the CFD formed so that they can develop and then they divide up the land and everybody else's problem.
- Kelly Seyarto
Legislator
So did these people that have partial lots, did they already vote on a CFD thinking that half their lot is not subject to the CFD. In other words, are they going to have to go back and vote again on the continuation of a CFD?
- Kelly Seyarto
Legislator
So this is ahead of that. Okay. That's what I want to make sure that we're not retroactively going back and saying we're going to change the rules now that you voted.
- John Laird
Legislator
Well, I thought I understood this bill coming into the hearing, and now I've gotten confused. So my question is, is if there's an underlying conservation easement, nothing overturns that conservation easement as it moves into this district. It still is exactly as it was agreed to on that property, Right?
- John Laird
Legislator
Okay, I'll take the yes. But that is my understanding isn't good enough. Okay, then. Then that satisfies my concern. Yes.
- Josh Becker
Legislator
Yeah. I thank the committee for clarifying questions and happy to, you know, as you consider other applications, you know, if this applies in other areas. Happy to be part of that discussion, but thank you for the discussion. Respectfully, ask for an I vote.
- María Elena Durazo
Legislator
Okay, thank you. We have a motion by Senator Cabaldon and the motion is due. No, didn't you. Oh, I'm sorry. I got you. I got it confused with the previous one. Does anybody else want to make. No.
- María Elena Durazo
Legislator
Okay. Senator Cabaldon. Motion is due pass to the Senate Floor. Roll call, please.
- María Elena Durazo
Legislator
The vote is 5 to 0. Will remain on call. Thank you, Senator Becker. Thank you, Mr. Flores. We're moving on now to item number three, SB 409. Senator Archuleta, welcome. Good morning. You may proceed, Senator Archuleta.
- Bob Archuleta
Legislator
Thank you. Good morning. Committee Members and Chair, Senate Bill 409. Public contracts, county owned. It pertains to my home county, Los Angeles County. Once again, good morning. I thank you for allowing me this time to present my Bill 409, Senate Bill 409 today.
- Bob Archuleta
Legislator
It's an essential piece of legislation that will empower Los Angeles County to expand or to respond swiftly and effectively to an urgent facility repairs, particularly in the aftermath of the events of the January fires and I know we've all been watching the news and listening how it's affected LA County Senate Bill 409 will increase LA County's force account limit from 50,000 to 125,000 for performing alterations or repairs on county owned facilities.
- Bob Archuleta
Legislator
The current $50,000 threshold set in 1982 no longer reflects the reality of today's construction and repair costs. Currently, any project that exceeds the current $50,000 force account limit must be completed through a competitively bid process.
- Bob Archuleta
Legislator
The duration of this process impedes the county from acting quickly to address critical repairs, oftentimes increasing the time and money it takes to complete the project. Contracts come with an overhead cost as well as costs associated with onboard timing, orientation, preparation of plans and additional scope of work.
- Bob Archuleta
Legislator
An example of this is in 2019 repairs for an underground storage tank for emergency fuel at Los Angeles County Hospital. That initial quote for the repairs was 125,000, but due to the $50,000 threshold as of March of 2025 just last month, the county is still waiting for the repair to be performed through a contract at a cost of 1.3 million because of the time lapse.
- Bob Archuleta
Legislator
Updating this limit is a common sense measure that ensures LA County can maintain crucial critical infrastructure, safeguards public safety and public services and remain responsive during the emergencies without compromising service to the residents.
- Bob Archuleta
Legislator
This Bill is more important now than ever as it will allow the county to repair and rebuild facilities effectively that are affected by the wildfires and allowing communities to recover quickly. Additionally, I worked closely with the laborers in the unions to address their concern and we've come up with a modest measure successfully removing the opposition.
- Bob Archuleta
Legislator
Hence the agreement reached by all parties at 125,000. And I called the union representatives myself this personally this morning and I thank them all for the reaching that compromise and removing any opposition.
- Bob Archuleta
Legislator
So with me today I have seven Scott, Director of Capital Projects and Facilities Management for the County of Los Angeles Department of Health Services and Mark Isidro, Legislative Representative with the County Chief Executive Office here in LA County, for any technical questions you might have and with that I respectfully ask for your aye vote.
- María Elena Durazo
Legislator
Thank you. Good morning. You will have two minutes each. Thank you very much. Welcome.
- Stephen Scott
Person
Thank you Chair and Members. My name is Stephen Scott. I am the Director of Capital Projects and Facility Management for Los Angeles County Department of Health Services.
- Stephen Scott
Person
My role involves the maintenance, repair, renovation of Los Angeles, four county hospitals, two ambulatory surgery centers and 24 health centers as the regional net Safety provider Los Angeles County Health Services cares for over 500,000 unique patients each year and employs over 23,000 staff. We're the second largest municipal health care system in the nation.
- Stephen Scott
Person
And today I'm here to urge your vote for Senate Bill 409. As previously noted by the Senator, Senate Bill 409 would raise the current the county's the current force account limit that was set at $50,000 in 1982 for alterations and repairs to the county's own facilities.
- Stephen Scott
Person
This change would position Los Angeles County to provide immediate repair work for our facilities to maintain infrastructure effectively and allow the county to expedite vital repairs and upgrades ensuring our facilities remain operational and effective. My Department employs over 275 construction trade union members.
- Stephen Scott
Person
These electricians, carpenters, masons, plumbers, steam specialists, refrigeration specialists, sheet metal and painters work every day to ensure our hospitals and clinics can provide extraordinary care. Increasing the forced account limit would more fully use the training and value of county employed labor. It is important to note that our county workers are represented by labor agreements.
- Stephen Scott
Person
Those undertake these types of projects possess intimate knowledge of our facilities, equipment and operational requirements. Moreover, county trade staff typically have established productive working relationships with county facility proprietors and operators which can enable the sharing of resources to expedite work processes.
- Stephen Scott
Person
And in communities affected by natural disasters such as the recent January fires, this appropriate force account limit increase will help us ensure the delivery of essential services to our residents. Lastly, the county has identified 80 county structures being impacted by the recent fires.
- Stephen Scott
Person
Senate Bill 409 will play a critical role in our recovery efforts and it will allow our representative trade workforce to carry out timely repair to our facilities. For these reasons, Los Angeles County respectfully requests your support. Thank you. For Senate Bill 409.
- Mark Isidro
Person
Go ahead. Good morning Chairmembers. Mark Isidro, Legislative Representative for the County of Los Angeles. I just want to thank the Senator for authoring this Bill on our behalf and also thank his staff, the Committee staff, as well as the Building Trades Coalition to really come together and striking the proposal that works for all parties involved. And I'll be on standby for any questions. Thank you.
- María Elena Durazo
Legislator
Great. Anyone else in support of SB 409? Seeing none. Anyone in opposition to SB 409, please come forward. Say none. Okay. Come to the Members. Senator Seyarto
- Kelly Seyarto
Legislator
Thank you very much. Question for the author, perhaps through the county employees. So we have the Uniform Public Construction Cost to County act, which 48 of 52 counties belong to LA does not belong to that. And this kind of that kind of addresses this issue, a little bit of raising up the cap.
- Kelly Seyarto
Legislator
But it was built for transparency. Why is LA not participating in that and instead choosing to go through the Legislature to do a fix just for them? Because it kind of sets a precedence for all the other ones.
- Kelly Seyarto
Legislator
Everyone else, I can imagine 58 counties going to want to, or however many counties there are, are going to want to come to us and do the same thing because then they don't have to comply with that act.
- Mark Isidro
Person
Yeah, I think first and foremost, the current force count limit within the uniform act of $75,000 doesn't do much for the county, which is why we're here before you today asking for $125,000. So that's the first kind of reason why we're unable at this time and why we're seeking SB409.
- Kelly Seyarto
Legislator
Right. But the second tier of that is an informal bid process between 75 and 220,000 that more than covers the 125,000. Why do they not think that is an acceptable way of dealing with this issue? Because. But there's an element of transparency. Having worked for the county watching how much things cost.
- Kelly Seyarto
Legislator
A water leak costs $50,000 to fix. Now it's just ridiculous. So for the tax paying public, I think they want the transparency to know that these things are costing money and how much money they're costing. And that second tier I think is really important.
- Kelly Seyarto
Legislator
I'm going to support this today, but I'm a little bit leery about going down this path because I think there are other ways of addressing it that require more transparency for the public. But I understand the need right now in LA County to get something on the, you know, to address it.
- Kelly Seyarto
Legislator
And the 125 is not that much more than. Madam Chair, may I comment?
- Bob Archuleta
Legislator
Yeah. And that's why it was so essential to get the unions and the county to come together. And again, it's 1999 and so this is a milestone for the County of Los Angeles to be able to come together like this and talk about transparency. The unions are doing it, the county is doing it, and here we are.
- Bob Archuleta
Legislator
This is why. But I think at the long run we will be saving money. We'll be representing our communities. And I'm LA County primarily in my community. So it's essential we go forward with this. And that's why I wanted to publicly thank the unions to working with us on this.
- Bob Archuleta
Legislator
And I think it's a good way to start and I think it is good for labor it is good for the community and certainly for the victims of the fire and those that are waiting for see the buildings redone and so many infrastructure and what have you.
- Steven Choi
Legislator
Yeah, thank you. Senator Archuleta, I wonder, the minimum threshold for bidding from 50,000 that you are mentioning too low to $125,000. Is there any justification? $125,000. Why that number that you are proposing is optimum number?
- Bob Archuleta
Legislator
Well, this is the number that was reached between the unions and the county. And you know as well as I do the cost of labor, the cost of material is there. It's a reality.
- Bob Archuleta
Legislator
And they found that working with all the trades, this would be the magic number, because obviously the county was looking for another number and the unions were another. But this is where they came together. This is what the agreements are all about.
- Mark Isidro
Person
I could just add that originally, when we came with a higher number, we simply just did a calculator adjustment, a CPI adjustment, from 1982 to 2024. And so as we continued our discussions with all parties involved, we landed at 125. And so this is really just a calculator adjustment, a CPI calculator. Correct.
- María Elena Durazo
Legislator
Okay, thank you. No more questions or comments. You're welcome to close.
- María Elena Durazo
Legislator
Okay, thank you. Thank you very much. We have a motion. Anybody? Okay. Senator Cabaldo moves the Bill. Roll call, please.
- María Elena Durazo
Legislator
The vote is 5-0 will remain on call. Thank you, Senator Archuleta. Thank you. Next we have item four, SP499. Senator Stern, good morning.
- Henry Stern
Legislator
Please share. I want to present our legislation, SB 499. This comes from a place where, you know, I've grown up and live in and represent fire country. And we are also in a place where we have lack of affordable housing.
- Henry Stern
Legislator
And it puts you in a tight spot when you want to meet housing demand and deal with that crisis. And at the same time, you got wildfire and climate crisis right on your doorstep. For a lot of small cities in our backyard, I think they're trying to do the right thing and meet both these demands.
- Henry Stern
Legislator
And it turns out that one of the best fire defenses we've got are our strategic parklands. Parklands, in other words, that serve not just a purpose of being a nice place to hang out and be with your family. But also can be fire breaks in the middle of a crisis.
- Henry Stern
Legislator
That can be buffer zones to ensure that evacuation pattern. People have time to evacuate their homes in the middle of a crisis. I saw this head on, you know, trying to get out at a narrow intersection and just two big roads, Kanan and Agoura, and you're going to build 70 units there.
- Henry Stern
Legislator
It's like we're going to say yes, right? They want to say yes, and everyone wants to. To get to that place. But also, okay, then where do people go? How do they get out? And if you have the. You happen to have a oak woodland right around that. That turns out it's really good at dealing with fire.
- Henry Stern
Legislator
The grasses burn in our area, but the big trees, they hold and they can block fire. And so those kind of interesting fire solutions, which are. I'll wrap up quick because I want to let our former fire chief speak more articulately on the power of parks in fighting public safety emergencies. But, yeah, I just.
- Henry Stern
Legislator
I see it in my own backyard where we're saying, yes, but we're trying to do so safely. And I just want to appreciate the committee's work on this, but also the author from last year's work on advancing housing policy and reducing unnecessary fees. Senator Wiener and I have spoken, and hopefully he'll have a chance to comment.
- Henry Stern
Legislator
But I appreciate the overall mission there. I think what we're trying to do here is make sure that parks aren't arbitrarily excluded from that tool of resources that local government should have to keep people safe. And so that's the purpose of the bill. And I know we have.
- Henry Stern
Legislator
We are taking the amendments from the committee and really trying to focus on how these parklands are categorized in our hazard mitigation plans, and ultimately that they should belong in the public safety element of that local general plan.
- Henry Stern
Legislator
So I think that's going to ensure that it's not just any old park that you're picking and that they're not. We're not offending the sort of underlying purposes of Senator Weiner's legislation from last year to sort of say you can just use parks as a proxy for.
- Henry Stern
Legislator
Yeah, sort of any purpose you want and sort of wedge that under a public safety piece. We think that this.
- Henry Stern
Legislator
That pushing it through this sort of the hazard mitigation process and then ultimately through the public safety elements will give it a rigor and a discipline around this so that, you know, our local governments are hitting both goals and struggling with these issues and just making it through.
- Henry Stern
Legislator
So I'll turn it over to our lead witness here just to make a brief comment on the rest of that. Respectfully ask for your I vote.
- María Elena Durazo
Legislator
Thank you. You have two minutes each. Thank you very much and welcome.
- Dane Hutchings
Person
Good afternoon, Chair, or excuse me, good morning, Chairmembers. Dane Hutchings, serving as the advocate for the California Association of Recreation and Park Districts and statewide organization representing 70 independent park districts throughout California.
- Dane Hutchings
Person
Sponsors of SB 499 in partnership with Senator Stern, this bill is about providing clear, practical guidance to local agencies and developers around when impact fees can be collected for public improvements at support fire, public safety or emergency services. These projects take years to design, fund and construct, requiring ongoing upgrades and maintenance. Let me be clear.
- Dane Hutchings
Person
SB 499 does not create a backdoor expansion for feed referrals related to parkland. Rather, it is to provide responsible guidance to ensure facilities and parklands that service fire buffers, evacuation areas and cooling centers are recognized for the essential public safety role they play within a consistent planning framework.
- Dane Hutchings
Person
We must ensure that our emergency servicing infrastructure is in place before or at the very least in conjunction with new development. Simply crossing our fingers and hoping our communities remain safe is not an effective strategy. I want to briefly acknowledge our lead witness, Doug Nichols.
- Dane Hutchings
Person
The Chair of the Conejo Recreation and Park District and retired fire marshal, was originally slated to testify but wasn't able to be here. But he did plan to share how during the Woolsey fire and the Borderline mass shooting in 2018, the district managed park and community center served as shelter sites, meal distribution hubs, and even firefighter base camps.
- Dane Hutchings
Person
Unfortunately, those experiences aren't unique. In fact, our team has provided each committee member's staff with district specific examples of dual use facilities that range from fire mitigation, flooding, extreme heat, supporting emergency access, evacuation and mass care. Across California, our member agencies are already integrating emergency functions into park design, not for recreation, but to protect communities.
- Dane Hutchings
Person
What we seek with SB 499 is to ensure this kind of planning can be recognized and implemented with clarity and legal consistency across California. We respectfully urge your I vote on SB 499 and thank you Senator Stern, and happy to answer any questions. Thank you.
- Dave Winnacker
Person
Go ahead. Good morning, Madam Chair. Members of the Committee, thank you for the opportunity to comment on SB 499. My name is Dave Winnacker and I am the recently retired fire chief of a special district. I support the proposed amendments as a useful clarification of the conditions under which mitigation fees can be collected.
- Dave Winnacker
Person
As the fire code official in my jurisdiction, I was regularly approached by parties seeking my certification that a particular initiative, project or idea was a critical wildfire safety necessity. Needless to say, many of these projects fell far below the objective threshold of importance to the community's safety.
- Dave Winnacker
Person
Adding clarifying language to establish the standard of inclusion in the relevant hazard mitigation plan or related general plan element for use in fire, public safety and emergency services will reduce uncertainty, arbitrary designations and inevitable disagreement.
- Dave Winnacker
Person
Further, given the outsized impact of parks and recreational facilities before, during and after an emergency, anything we can do to address uncertainty around their funding is a net positive.
- Dave Winnacker
Person
Specific to wildfire, these areas can serve as durable passive protection measures in the form of green belt buffers as envisioned by public resource code 4290 that protect the community from wildfire.
- Dave Winnacker
Person
Unlike fuel breaks and other single purpose mitigations, due to their regular use, multi purpose community amenities are far less likely to be neglected and allowed to decay over time.
- Dave Winnacker
Person
As we struggle with the great challenge of wildfire adaptation during times of competing demands on limited budgets, seeking such innovative and sustainable solutions offers a clear path forward during an emergency.
- Dave Winnacker
Person
Parks and recreational areas have been widely used as staging areas for responders, community resilience up and evacuation centers, as well as holding features from which firefighters work to contain the fire's edge during recovery. These areas play a vital role for repopulation aid distribution and equipment storage.
- Dave Winnacker
Person
I would further note the widespread invocation of wildfire risk by local housing opponents and the increasing frequency of damaging fires that have entered existing neighborhoods that would, from a simplistic view, appear to support those housing opponents view. Science and lost experience clearly support the role in new construction in fire adapted master planned communities.
- Dave Winnacker
Person
Plan protecting existing neighborhoods by serving as non burnable buffers. When developed in conjunction with maintained parks, network effects can be achieved whereby new construction reduces the regional risk of structure loss from wildfire. As such, I encourage you to advance this clarifying amendment, please.
- María Elena Durazo
Legislator
Yeah, okay. Thank you very much. Appreciate that. Okay. Anyone else in support of SB 499?
- Obed Franco
Person
Good morning. Madam Chair and members. Obed Franco here on behalf of the California Fire Chiefs Association and the Fire Districts Association of California in support.
- Anthony Tannehill
Person
Good morning, chair and members Anthony Tannehill with the California Special Districts Association also in support.
- Ethan Nagler
Person
Ethan Nagler on behalf of the cities of Belmont and Rancho Cucamonga in support. Also conveying support on behalf of the Conejo Recreation and Park District, Cordova Recreation and Park District, Fulton El Camino Recreation and Park District, Mendocino Coast Recreation and Park District, North of the River Recreation and Park District, Pleasant Hill Recreation and
- Ethan Nagler
Person
Park District, Rim of the World Recreation and Park District, Rio Linda Elverta Recreation and Park District, Truckee-Donner Recreation and Park District Valley-Wide Recreation and Park District, Wasco Recreation and Park District. And all in support. Thank you.
- María Elena Durazo
Legislator
Thank you. Okay, is there anyone in opposition? Did I recall SB 499? Yes.
- Corey Smith
Person
Good morning. Senators Corey Smith on behalf of the Housing Action Coalition in respectful opposition here today. We were one of the sponsors of Senate Bill 937 last year, which had a couple of very simple goals. Number one, we wanted to reduce the cost of building new housing.
- Corey Smith
Person
And then number two, we wanted to do so and still let governments be whole at the end of the day and get the same amount of money. And we think we accomplished that with the bill.
- Corey Smith
Person
It is generally speaking, about a 1% overall reduction in construction costs because we're eliminating the carrying costs that projects have between the pre construction period and the post construction period and those interest payments on the fees themselves. And so that's how we're actually saving money.
- Corey Smith
Person
And at the end of the day, local governments get the same amount of dollars. And that bill had a lot of work, worked very long with this committee to try to get that to a good place. Throughout all of that safety was a top concern and should remain a top concern.
- Corey Smith
Person
Which is why we wanted to make sure that in that bill, anything that was essential for the infrastructure and safety of a specific project was a fee that was able to get pulled out. And if there was something essential for the completion of that project, we absolutely acknowledge that that should be- that should be taken out.
- Corey Smith
Person
As- As was discussed by the- the support testimony, oftentimes the projects that we're talking about here in these fees are things that are hopefully planned out years in advance and is something we are hoping local governments are able to accommodate for. We do know that park fees are high. There's examples in Los Angeles.
- Corey Smith
Person
We know that apartment buildings are paying 3 or 4x per unit on park fees. Compared to single family homes. City of Mountain View previously had a park fee that was more than $100,000 per unit. They were fortunately able to reduce that. So we are seeing park fees being in our opinion, a real barrier to building new housing.
- Corey Smith
Person
And so at the end of the day, we want to protect against cities abusing carve outs. And I apologize for the late opposition. We were talking with- with the author and sponsor a lot over the last week hoping to get to a resolution.
- Corey Smith
Person
Unfortunately, we were not able to do that and we are scared that this is going to start unraveling what we view as a very strong pro housing bill. And so in respectful opposition here today. Thank you.
- María Elena Durazo
Legislator
Anyone else in opposition? No, seeing none. Oh, go ahead.
- Karim Drissi
Person
Good morning, Madam Chair and Members. Karim Drissi, on behalf of the California Building Industry Association, sincere apologies for the lateness of our letter. We align ourselves with the previous speaker and are in respectful opposition. Thank you so much.
- María Elena Durazo
Legislator
Thank you. Anyone else in opposition? Seeing none. Members, questions or comments? Senator Seyarto?
- Kelly Seyarto
Legislator
Alright. Senator Stern, thank you for your bill. It is a timely bill. Yeah, sometimes it's hard to discern what is a public safety necessity. And- And I supported that bill last year regarding the mitigation fees and things like that.
- Kelly Seyarto
Legislator
But we are faced with some extraordinary issues in especially areas that are impacted by the wild urban interface areas. And it is important for our parks to be able to keep up with not only the development that's going in, because when the development goes in, the areas around it have to already be fire safe.
- Kelly Seyarto
Legislator
And the other part that you might have mentioned it, was a lot of times these park and these wide open spaces provide safe refuge areas for people to temporarily stay while the fire blows through an area where they can survive and then move on. And that's particularly important when you have evacuation issues.
- Kelly Seyarto
Legislator
And- And so, you know, I think this does fall into the category of for safety issues and for, you know, big concerns like that, because that was- that was what we had talked about last year in that bill was, yeah, let's put them off.
- Kelly Seyarto
Legislator
But there are some things that cities are going to have to make sure they're proactive in making. Now, if you're talking about a park in the middle of town, probably not as much.
- Kelly Seyarto
Legislator
But when you're talking about parks and trying to separate areas that are highly impacted and pack full of neighborhoods that are by fires, that's what this is, I think really about. And- And so I'll be supporting your bill today and appreciate that people are finally looking at this part of- of community planning.
- Scott Wiener
Legislator
Thank you, Madam Chair. The- The author and I have been spending a lot of time, the last 40 or, I don't know, 96 hours talking about this to see if there was a- a path for an agreement that would allow me to support the bill. Unfortunately, that has not happened.
- Scott Wiener
Legislator
And so I will not be supporting the bill today. And I'll explain why. I will say also that I do hope that in the future I'll be able to support the bill.
- Scott Wiener
Legislator
And so my hope is that we will, you know, that there could be continued collaboration to try to come up with a- a solution because I understand what the author is trying to do. I respect what the author is trying to do.
- Scott Wiener
Legislator
And I appreciate the witness testimony, particularly pointing out that we- we tend to have this very either or conversation in this building about wildfire risk and this notion that we should never be building anything
- Scott Wiener
Legislator
if there's ever an area with wildfire risk, as opposed to what we know to be true, is that we- we- we map these areas not to decide where to build or where not to build, but to decide how to build.
- Scott Wiener
Legislator
And there are times when you- that where new development can actually reduce wildfire risk if it's done well. And so I appreciate that broad perspective. So I think on the underlying goal of this bill, I think we're all completely on the same page.
- Scott Wiener
Legislator
My concern is the way this bill is structured, even with the- the- the amendment that was submitted a few days ago that was converted into a committee amendment. This will, I believe, open up a potentially huge loophole in SB 937 that not all cities, but some cities will try to drive a Mack truck through.
- Scott Wiener
Legislator
And we will see situations where cities will classify their entire park system as being an emergency use. And that will very much undermine SB 937. I also just want to back up and express what, I'll be honest is a frustration with the process here. I authored SB 937 last year.
- Scott Wiener
Legislator
The goal was to try to make development more financially feasible because we know that impact fees can be quite significant depending on the city.
- Scott Wiener
Legislator
And there's been work by now, Senator Grayson and others over time that to try to get a handle on the wildly divergent impact fees that we see in California, which in- in San Francisco, there was a point in time where it was almost $200,000 per unit in impact fees, which is outrageous. It's come down since then.
- Scott Wiener
Legislator
But it- it- it can be incredibly harmful in terms of building housing that- that pencils and that is affordable. And so the idea was let's take fees and instead of paying it at the beginning, pay it at the end so the city gets it. The city can't spend-
- Scott Wiener
Legislator
The city can't spend that money during the pendency of development anyway because you have to keep it in escrow because if the project falls apart, the money has to be reimbursed. So the city's not even spending or they shouldn't be. It's not responsible to spend the money during the course of the project.
- Scott Wiener
Legislator
It should be held in escrow regardless. So we did th- introduced that bill. We worked very intensively with local government committee. The chair and I initially came in very much not on the same page.
- Scott Wiener
Legislator
We- We had a definitely a difference of opinion on the bill, but we both worked in very good faith and with committee staff and I'm appreciative of that. And we reached a compromise and SB 937 in this committee was scaled back significantly and we were able to come up with something that we all supported.
- Scott Wiener
Legislator
And then over the remainder of the year we worked with this committee and other committees with local government organizations and we made many changes to the bill to account for feedback in that we want to make it more financially feasible to build and we're not looking to, you know, screw over local government.
- Scott Wiener
Legislator
And I think we reach a good balance that local government would get up front. The time sensitive fees and everything else would be deferred until the end. And that was passed, signed into law. It went into effect January 1st.
- Scott Wiener
Legislator
There- There are laws that go into effect and then a few years later you realize there's something amiss here and we need to correct something in the bill or adjust it. Here the bill, you know, obviously was introduced like six weeks after the bill went to effect. And I'm not criticizing the author.
- Scott Wiener
Legislator
The author did come to me last before the end of the session last year expressing that there was an issue that he was thinking about and working on.
- Scott Wiener
Legislator
So I'm not in any way criticizing the author for- for bringing the bill, but it, you know, as I think the analysis correctly refers to the paint not being dry yet on the bill. And then we're back with a bill to open up what could be a big loophole.
- Scott Wiener
Legislator
So I say all- all of this just by context of why I'm not supporting the bill today. The way it's structured now, even with the amendment does not put much of a constraint on cities ability to put whatever parks they want into their hazard mitigation plan or ultimately into their safety element.
- Scott Wiener
Legislator
And there are cities that will be very by the book and will only pick and choose which parks to put in that are truly needed for emergency use. But I feel like we've all seen the movie over and over again about what will happen in other cities. So with that said, I won't be supporting the bill today.
- Scott Wiener
Legislator
I will continue to have dialogue with the author and with his sponsors. And my hope is that at some point in this process, I'll be able to vote yes on this bill, because I- I don't. I agree with the goal of the bill. I just don't think that's how the bill is structured right now.
- John Laird
Legislator
I just want to say. I really appreciate this debate. And the city that I was once mayor of is on the edge of a major fire zone. And-
- John Laird
Legislator
And we had a fire that was- took 900 homes, and it was only our fire department cutting a- a fuel break at the city limits that was protecting us from one big wind. And there are parks and open spaces all throughout that area that are, in many ways, need to be our protection in how they are managed.
- John Laird
Legislator
And I'm not suggesting that that's directly affected by this bill. It's just that I see it as a very relevant issue. And so I will vote to move this forward because I hope these conversations continue because there's a legitimate issue here and there's legitimate concern about jumping what happened last year.
- John Laird
Legislator
And I just hope that the otter- author has taken those polls from this debate and- and will move ahead and try to work through it.
- Christopher Cabaldon
Legislator
Yeah. Thank you. I wasn't here for last year's bill, and I- but I also appreciate the dialogue, but I hope we don't end up at it halfway in between. A lot of opinion- A lot of folks have opinions about local government, finance and infrastructure, and most of those opinions don't.
- Christopher Cabaldon
Legislator
They- They fail when you actually try to implement these projects at the local level. I'll give an example. My- The city that I was mayor of four years ago, we- after Katrina, we were told we had a- we had to do-
- Christopher Cabaldon
Legislator
we had to redo all of the levies around my city for flood protection, which is not mentioned in 937 at all. It's not. It's not fire. Fire is not the. We also face a lot of fires in my district, but flood protection is a massive issue. We were told that that project would be $1.5 billion.
- Christopher Cabaldon
Legislator
My city, at times 50,000 people. And so how do you do a $1.5 billion project when you're at the time the poorest city in the region? And you have 50,000 people and you have no choice because you're completely surrounded by levees. We're an island during the winter surrounded by water. Well, you do everything possible.
- Christopher Cabaldon
Legislator
You pass a sales tax, you do a flood impact fee, you start redesigning your levees for habitat so you can put some habitat conservation money into the levee system.
- Christopher Cabaldon
Legislator
You add some trails on top of the levees so that you can use your park mitigation fees to help contribute because you're trying to get the project done, trying to convince the Army Corps of Engineers that, yes, you know, here's we just found another $12,000 to this $1.5 billion project. You're doing everything that you can.
- Christopher Cabaldon
Legislator
And so this notion that like you come up with a plan 10 years in advance and it's like a pristine immaculate conception financing plan for- for- for these projects, maybe that's true in bigger cities. I don't know, I've never been the mayor of one, but, but it's definitely not true on the ground in communities like this.
- Christopher Cabaldon
Legislator
And so, you know, in the- in the- in the lowest income zip codes in my city, they're the first parks and trails that they've had have been part of the flood protection project and neither would have happened without the other.
- Christopher Cabaldon
Legislator
And so it is absolutely critical that- that cities that are Mountain View have the opportunity to figure out where- where they can find a nickel in the- in the couch in order to advance these- these- these projects for public safety.
- Christopher Cabaldon
Legislator
And so, you know, the number one strategy in my community to defeat NIMBYS is to not create these problems, not be able to- not have people concerned that if we build a project, we're not going to be- we're not- we're going to be putting the entire city at flood risk or there won't be a school or these other things.
- Christopher Cabaldon
Legislator
But I just want to urge us to- to have some respect and grace for how hard it is given Prop 218 and Prop 13 and everything else the voters have done and then all the things that we've done here to make the costs go up, how hard it is to do these public safety and- and- and life safety projects.
- Christopher Cabaldon
Legislator
And so I think, you know, in some sense this bill doesn't go far enough in terms of that coverage because you're also doing this, you know, on the fly.
- Christopher Cabaldon
Legislator
You get- You get word that, you know, the- the- the State Department of OAS has an extra half $1.0 million that they're going to grant out because it's the end of the fiscal year and you're trying to get your application in two weeks in order to get it done.
- Christopher Cabaldon
Legislator
You don't- You haven't yet amended your safety element or adopted new hazard- hazard mitigation plan. You're just trying to go because the- the lives of your- the lives of your people depend on it. And so I appreciate the tension and- and- on the housing affordability side, but I do think you're onto the right issue.
- Christopher Cabaldon
Legislator
This- To me, this is about perfecting 937 as opposed to undermining it and hope that the work will continue. But I do think this is important recognition that public safety, you know requires, that- that local governments are not just trying to bank money here.
- Christopher Cabaldon
Legislator
In most cases, they're trying to do their best to- to- to address these really critical public safety issues in this bill is a- is a important step to resolve that piece, but also to open up the conversation more generally, I hope.
- Steven Choi
Legislator
Thank you, Chair. Senator Stern, you described the- the parks in the cities as a buffer for wildfire. And that's the reason allowing impact fees for homes nearby. And obviously this is additional fee that the home builders will have to observe.
- Steven Choi
Legislator
So, you know, we- we suffer the housing cost because of all kinds of impact fees, the license fees, permit fees that the developers will have to pay. But if and when these parks are truly buffer for the wildfire, I think it may be worthwhile.
- Steven Choi
Legislator
But parks will have all kinds of trees as well, depending upon what kind of a design the park is. But if the park is like New York Central park has a lot of, you know, of woods in there that could be, you know, fuel for the fire rather than buffer. How are you going to define the park that you are describing?
- Henry Stern
Legislator
Because you have to put the park into the hazard mitigation plan and eventually have to put it in the public safety element. The general planning laws require, and FEMA requires rigor that it has to actually meet a hazard mitigation requirement to be in that plan.
- Henry Stern
Legislator
So the kinds of the way that park is designed and even managed will have to be done consistent with mitigating a hazard, a public safety hazard. And so it would be against those purposes to say, have pine trees, dense pine tree forest in the Santa Monica Mountains right next to the new housing development.
- Henry Stern
Legislator
But turns out oak trees, especially if they're about 250ft away or more, can be good. They can stop fire. So the park managers will be required because of how we wrote the law, to- to go for those kinds of designs versus do anything you want.
- Henry Stern
Legislator
And you know, some parks we know may not have trees at all, by the way. You know, some may just be a shade- shade structure and a playground. But that- if that's in just the right place.
- Henry Stern
Legislator
Even that gap of land can be the thing that prevents, say, a flood from drowning people in their houses or a fire from burning them. It's- It's a lot about the land management and how to get value out of that land so that it has- so it's- so you provide safety. I mean, that- that's the. We're.
- Steven Choi
Legislator
So what I said that the park design will be compliant to the fire-
- Unidentified Speaker
Person
If I may, sir. Common misconception that the trees represent fire risk automatically. It's the configuration, not just the density of fuels and trees that are properly maintained that create both canopy separation and ground to base canopy height separation ladder fuels, if you will, and do not have continuity to adjacent ground fuels that
- Unidentified Speaker
Person
are receptive fuel beds, then trees can be not only not part of contributing to fire spread, they're not the fuel most likely to carry the fire. From a technical term, they can also serve to inhibit ground fuel growth through shade and other things. So a mature maintained tree in the
- Unidentified Speaker
Person
middle of maintained parkland, highly resistive to fire, highly unlikely to significantly contribute to fire spreads here.
- Scott Wiener
Legislator
Thank you, Madam Chair. This has been a great discussion. I appreciate it. I agree with pretty much everything that Senator Cabaldon said about the perils of local government funding. We make it so hard local government to raise money for basic services, which is why they become reliant and sometimes too reliant on- on impact fees.
- Scott Wiener
Legislator
I wish we had just a more rational public financing system, but that's a whole other issue. One thing I do just want to just to clarify, SB 937 did not eliminate any impact fees, and this bill does not reinstate any impact fees. SB 937 was solely about the timing of paying.
- Scott Wiener
Legislator
So paying a certificate of occupancy instead of pulling the permit, but the fee itself would be identical. So this whole discussion is about timing. And what we did was we ultimately there was a class of impact fees under 937 that still get paid up front and some that get paid at the end.
- Scott Wiener
Legislator
So this is really just about that distinction. Just to clarify that.
- María Elena Durazo
Legislator
Yeah, thank you. I- I- I will be supporting your bill. I think you're taking the right approach and I agree with pretty much what folks have said here, but you're raising an issue that we have to take more serious, which is, how do we help prevent and defend ourselves from these fires?
- María Elena Durazo
Legislator
Anyway, I- I think you're taking the right approach and I appreciate that you're insisting on this conversation, that it's gone from a private conversation to let's have an open conversation about doing this. So thank you very much. Thank you to all my colleagues. And you have a motion. Oh, wait, you need to close.
- Henry Stern
Legislator
I'll just say my close. We think this bill actually provides more discipline and urgent parameters to your good work last year to Senator Wiener's point earlier. And why the urgency? Very rare do I, you know, if I'm the author of a bill and someone says, oh, you missed something.
- Henry Stern
Legislator
I don't think it's that something was missed in 937. I think that in fact, this will narrow the aperture of what can be sort of flagged as public safety writ large for any public facility and give it some discipline. And- And actually by pushing it through this planning process.
- Henry Stern
Legislator
That's why I think it's urgent, because folks are wanting to permit housing, like next week, like right now, and they're- they're nervous that the law is saying that might- that solution set, that you're negotiating live with a developer and that you need to put into that hazard mitigation plan so you can have insurance, ultimately, for that project to pencil.
- Henry Stern
Legislator
Like, you've got to get that done very quickly. And so I think this clarification is less about expanding, but more so narrowing and- and disciplining what I think was an important sort of rightly front loaded part of the financing puzzle as identified. This stuff does take time, and that's why we appreciate the debate with the committee and the.
- Henry Stern
Legislator
I mean, it doesn't have an urgency clause on it, but we- we do hope it moves. And we hope that this signal and the conversation also gives some certainty to the folks out there trying to do these projects that, you know, this was all contemplated in the original legislation.
- Henry Stern
Legislator
In some ways, it's just about putting that hazard mitigation and public safety planning process behind it. So with that, appreciate the time and respectfully ask for your aye vote.
- María Elena Durazo
Legislator
Thank you very much. Is there a motion? Okay, thank you, Senator. Senator Seyarto moves the bill and roll call, please.
- Committee Secretary
Person
The motion is do pass as amended to the Senate Floor. [ROLL CALL].
- María Elena Durazo
Legislator
The vote is 6 to 1 and the bill is out. Thank you, Senator Stern. Finally we get to Senator Ashby, welcome. Sorry for the time it took to get to you.
- Angelique Ashby
Legislator
Madam Chair. I noticed while I was sitting here that the Women's Caucus owes you a debt of gratitude for representing in local government.
- Angelique Ashby
Legislator
Well, at least for the next five minutes. I am here to support you, Madam Chair.
- Angelique Ashby
Legislator
And I hope that the authors that follow me are also. I'll leave my caucus pin with you if you need it for moral support.
- Angelique Ashby
Legislator
How this has happened. How this has happened in the first Senate with a historic number of women, I do not know. But thank you, Senator Durazo, for your commitment and colleagues. All alone. All right. I'm here to present. Is it okay if I start, Madam Chair?
- Angelique Ashby
Legislator
I think this will be decidedly easier than the Bill you just heard. I hope, anyway. This is about California's capital city, downtown revitalization. The Bill addresses a unique funding gap that the City of Sacramento faces. It creates an Enhanced Infrastructure Financing District, an eifd, which many of you in local government are very, very familiar with.
- Angelique Ashby
Legislator
Just a tool that helps expand authority not available under the current law for this particular area of Sacramento. Over 60% of downtown Sacramento is owned or leased by the state. This is kind of a unique issue. We love the state, not the greatest economic development partner in your urban core.
- Angelique Ashby
Legislator
From a revenue of property tax standpoint, nearly six times the level of state ownership seen in any other California City. In Sacramento's urban core, which we're very proud to be the capital city. But it does create a bit of a challenge, which is what we're here to talk about today.
- Angelique Ashby
Legislator
The city sees very little tax revenue from its urban core, but is still responsible for maintaining roads, police, fire, central public services, and helping the people who are unhoused in our downtown corridors.
- Angelique Ashby
Legislator
Many of these state properties are aging or deteriorating, although when a big, beautiful new state building arises like this swing space, it makes a big difference in the lives of people who live in Sacramento. Many of the state properties that are aging, though, need help.
- Angelique Ashby
Legislator
And we lack a flexible finance tool which has made it harder for Sacramento to invest in infill projects in our urban core and to continue to build sustainable urban centers, including housing downtown, which we desperately want more of, especially close to our capital.
- Angelique Ashby
Legislator
Once created, this EIFD will be eligible to receive state funds and issue bonds to help finance long overdue projects like affordable housing, infrastructure repairs and transit upgrades, things that we have been working on for many years, including connectivity to some of our closest cities.
- Angelique Ashby
Legislator
Though I am the Senator for Sacramento, I actually do not live in the closest proximity to the capital. My neighboring colleague Senator Cabaldon does. And many times we have tried to build some transit projects that would connect those cities and we have lacked the resources to do so. This would be a potential helper to those efforts.
- Angelique Ashby
Legislator
SB516 will allow Sacramento to invest in the Corps in a unique way. This Bill doesn't actually allocate funds. It creates the mechanism to do so in the future. I have with me a good friend of mine today who actually flew back from D.C.
- Angelique Ashby
Legislator
early from a signature trip called Cap to Cap that he would normally be on to be here with you to talk about downtown. This is Michael Alt. He's the Executive Director of Sacramento's Downtown Partnership, a position he has held since a very popular mayor named Joe Cerna asked him to take on Downtown.
- Angelique Ashby
Legislator
And he has spent his life doing so. And every good thing that we have accomplished, including the Golden One center and our new convention center and many restaurants, can directly be attributed to the hard work of Michael Altz. I'm really happy to have him here to meet you all today. Good morning. Welcome.
- Michael Ault
Person
Thank you Senator for that introduction but thank you chair Members of the Committee. My name is Michael Ault. I am the Executive Director of the Downtown Partnership actually California's first property based business improvement district since 1995.
- Michael Ault
Person
You know, the past five years have challenged downtown to really recalibrate and diversify their uses and over reliability on challenges and core that we've had downtown. We've got a significant under supply of housing, a glaring liability for social and economic health.
- Michael Ault
Person
And while downtowns across the state and we talk to downtowns across the state on a weekly if not daily basis, many of us see the challenges and the significant concentration of the under utilization of housing in the downtown core.
- Michael Ault
Person
When we look at downtown Sacramento, we're uniquely impacted by the significant concentration of public sector tax exempt parcels with the State of California real estate portfolio consisting of more than 60% of the total office square footage downtown.
- Michael Ault
Person
This dynamic has made the city and County of Sacramento more vulnerable than other comparable regions across the state to significant shortfalls in property tax revenue from what is typically the highest revenue generating section of municipalities.
- Michael Ault
Person
A 2023 report by Sanjay Varshni and associates states that without swift and strategic investment in downtown Sacramento, the net negative impact could be over $4 billion. This figure includes an estimated $2.5 billion in decrease in downtown property values 1 $1.0 billion decrease, $1.0 billion decrease in direct consumer spending and over $500 million in business related travel expenses.
- Michael Ault
Person
SB516 recognizes this unique impact and provides a multi jurisdictional approach towards economic resiliency by incentivizing infill housing production, development of civic amenities to help diversify capital, the capital city and its most efficiently location sites. Downtowns are inherently efficient places for infill housing development due to their central location.
- Michael Ault
Person
The City of Sacramento has demonstrated strong commitment to lowering barriers. But the city has only achieved 42% of its goals in the last year related to housing development. Strategic tools are needed to tip the scale towards more effective infill housing production.
- Michael Ault
Person
SB516 is a data driven strategy to bring forward multi jurisdictional participation and creative financing opportunities to strengthen our downtown neighborhood through diversification of use types, infusing a new wave of residential units and yielding additional tax revenue for all jurisdictions through the strategic concentration of housing employment. I will. Thank you.
- Michael Ault
Person
This will serve as a scalable model for sustainable livability downtown. We respectfully ask for an aye vote on SB516. Great. Thank you very much.
- Ross Buckley
Person
Morning Chairmembers. Ross Buckley on behalf of the City of Sacramento and strong support.
- Ross Buckley
Person
Good morning Madam Chair. Justin Fans Law on behalf of the external Communications office of Sacramento State and Cal epic which is formerly known as the California Mobility Center, a Sacramento based battery, technology innovation and workforce. All in support. Thank you. Senator.
- Vince Marchese
Person
Vince Marchese on behalf of Midtown Association. We're a fellow property based improvement district. We represent over 1200 property and business owners in Central City of Sacramento in support.
- Jonathan Cook
Person
Good morning. Jonathan Cook, Executive Director of the Sacramento Housing Alliance and support.
- Scott Ford
Person
Good morning. Scott Ford speaking on behalf of the 401 locally owned small businesses in downtown Sacramento in support of SB516. Thank you.
- Colin Brownstein
Person
Good morning, Colin Samuel Brownstein, on behalf of the National Independent Venue Association of California in support. Thank you.
- María Elena Durazo
Legislator
Thank you. Anyone else in support? Seeing none. Anyone in opposition to SB516? No. No one in opposition. Okay. See None. We come to dais Members. Senator Wiener moves the Bill. Senator Cabaldon,
- Christopher Cabaldon
Legislator
I was just going to Point out if this. If only this financing mechanism had existed before, the capital might still be in Vallejo or Benicia or Monterey or San Francisco. So best fo luck was to Sacramento with making. Making. I support the Bill. The Senators worked hard on this. EFDs are hard. I was the first chair of an EFD in California.
- Christopher Cabaldon
Legislator
They're very difficult to make work. And so the mechanism that she's proposing here is essential to its success. And so it's a good build.
- Steven Choi
Legislator
Thank you. Your Bill is to create infrastructure financing district, in other words for the purpose of revitalize the downtown area. And what I hear is that you are focusing on the housing development, especially infill developments, etc.
- Steven Choi
Legislator
But maybe you can define what you're going to do what you mean exactly with the revitalization in your statement to make downtown more livable space. But to me impression of the Sacramento downtown is full of homeless people.
- Steven Choi
Legislator
No mention has been made how you can help homeless people and remove have a safe and more beautiful and ideal city where capital Legislature is located. Capital is located. All kinds of money and regulations or laws can be enacted by us to help this city and this is part of it.
- Steven Choi
Legislator
And I thought that the project you are talking about is kind of in the full view of the City of Sacramento. But now with this Bill state is trying to help downtown and the city government operations.
- Steven Choi
Legislator
So regardless, I think from the state approach or city approach we can work but I hope you can include the human element removal and reducing or eliminating the homeless people and work as a model city, Capital City, model city with no homeless, clean and everything is ideal. Perfect.
- Steven Choi
Legislator
Follow the example of Sacramento for other cities like San Francisco, Los Angeles, where a lot of homeless people. But here in Sacramento, every time we get out of the Capitol building, that's what we face. Can you comment on that?
- Angelique Ashby
Legislator
Sure. I would love for Sacramento to achieve a functional zero homeless population. I don't think anyone in Sacramento wants to quote get rid of the homeless population, but I think we would like to provide services to folks which, you know, homelessness is not just about housing, although it is also about housing. It's about mental health services.
- Angelique Ashby
Legislator
It's about wraparound services. Will this Bill solve homelessness? I wish. No, it will not. But it is part of a solution and I'd like to believe that of the, you know, all of these legislators here together that we all put forward bills that are moving us towards that goal of being able to help everyone.
- Angelique Ashby
Legislator
For example, 50% of the homeless population identify as former foster youth. This Senate helped me champion a Bill two years ago to provide tuition free college to all former foster youth in the State of California.
- Angelique Ashby
Legislator
That would tell you that we're going back in the stream and addressing 50% of the homeless population before they become homeless by giving them a different opportunity to go to college. You heard one of the Testimonies here was Sac State CSU one of the most diverse campuses actually in the whole country.
- Angelique Ashby
Legislator
But definitely in the CSU system we want to do housing for students downtown. If you help people with housing and education, and I know you know this because you're a literacy guy just like me and a person who really values education.
- Angelique Ashby
Legislator
If you can go back in time and help people earlier in the process with both housing and educational opportunities, you can give them a different trajectory. And that is what this is about. Sacramento historically has had so much investment from government that it has been labeled a government town.
- Angelique Ashby
Legislator
And people like Michael Alt and myself and Mayor Cabaldon worked for many, many years to diversify Sacramento's economic base. It's why we fought so hard to keep our sports team. It's why we were so elated to get a second sports team.
- Angelique Ashby
Legislator
It's why we worked so hard on our hospital system and our medical system and our innovation system and why you heard about battery technology today, which is $1.0 billion industry in Sacramento now and why I worked really hard to recruit a Fortune 100 company.
- Angelique Ashby
Legislator
Because Sacramento has to be more than a government town because the government doesn't pay taxes. They don't pay into our police and fire and code enforcement and our downtown partnerships in Pbids. So we have been providing services where 60% of our urban core does not contribute.
- Angelique Ashby
Legislator
And that is what this infrastructure model will provide is a mechanism to meet that gap to then address all of those things including housing and services from the community that go to address the needs of all people. Hope that answers at least in part your question.
- Steven Choi
Legislator
Thank you for your enthusiastic answer. But still I'm not so happy to hear that your answer is a negative because all the good things that you are talking about is admirable is a good and the golden one in a sports arena and the convention center and all the infrastructure will make this city and vibrant economically, bring more people into it which will create more income up for the more revenue for the city, et cetera, et cetera.
- Steven Choi
Legislator
But I focused on homelessness situation and there are so many different programs and activities and the ideal things that you are talking about. But one single thing I know homeless situation is very complex and difficult.
- Steven Choi
Legislator
It's a long term investment and the program we have to create from early stage of educating and drug abuse and mental health, there are so many complicated issues involved in there. I am very well aware of that. But when you answer with this financing, new financing mechanism, revitalization goal. Let's work on that.
- Steven Choi
Legislator
That's what the answer I was hoping. And why can't we? If not next year, in five years or 10 years, we can make this city modern city. Because we have all the power and the resources here in this capital city. Don't you agree?
- Angelique Ashby
Legislator
I think that this Bill would help us have those resources, yes. That is the goal.
- María Elena Durazo
Legislator
Thank you. Any more questions or comments? Seeing none. Thank you, Senator Ashby. And I appreciate this new attempt. And I understand Senator, my colleague, Senator Choi's concerns and questions. But I know that you're aiming at addressing homelessness as much as anything else regarding poor people. So with that, did we have a motion yet? Senator Wiener. Senator Wiener. Senator Wiener has moved the Bill.
- María Elena Durazo
Legislator
Next we will move on to item number eight, SB 549, which will be presented by Senator Perez.
- Sasha Perez
Legislator
Good morning Chair and Members. I'm here to present SB549 on behalf of Senator Allen. SB549 creates necessary flexibility for local governments to work together to take full Advantage of the 2nd Neighborhood Infill Finance and Transit Improvement Acts or NIFTI2 and I are voluntary tools for local governments that are committed to expediting transit improvements and incentivizing middle and low income housing near transit.
- Sasha Perez
Legislator
These type of infrastructure financing districts allow local governments to bond against future revenue increases in property and sales taxes. Revenues collected by these entities are designated for the construction of affordable housing, urban greening and active transportation projects.
- Sasha Perez
Legislator
What SB549 aims to address is that currently the boundary of a NIFTI 2 district must have the same boundary as the establishing cities and counties which has led to low adoption of these districts locally.
- Sasha Perez
Legislator
SB 549 provides local governments more flexibility in establishing NIFTY to districts by removing the requirement for the financing district to share the exact same boundaries with its establishing entity. This allows for better collaboration between counties and cities to localize tax increment financing to develop middle and low income housing near transit.
- Sasha Perez
Legislator
By granting this flexibility and better localizing property tax increment to designated projects, this will enable establishing entities to take advantage of NIF TI2 financing tools to apply towards housing, urban greening and transportation projects. We have no witnesses to speak here in support at the appropriate time. I respectfully ask for your aye vote.
- María Elena Durazo
Legislator
Thank you Senator Perez. Anyone here to speak in support of SB549? See none. Anyone in opposition to SB549? Thank you. See none. Questions? Comments Senator Cabaldon, just brief one first.
- Christopher Cabaldon
Legislator
To the whoever did all the work to come up with the acronym NIFTI is is which you never used a challenge here and I'm supportive of the Bill and like we should do everything we can to try to make these unlock these tools so that they're used.
- Christopher Cabaldon
Legislator
And I and I won't say the same thing when the Climate Resilience District Bill comes up as well. But they're not being. These are not. These tools are not being used. Yeah. And I hope that it's that's the contiguity requirement that is at fault here.
- Christopher Cabaldon
Legislator
But I'm a bit skeptical just because of the challenge and so many studies and of course on the ground and if you look at City Council and planning Commission agendas throughout the state, you don't even really see it being considered. It really doesn't appear anywhere. It's true for climate resilience districts as well.
- Christopher Cabaldon
Legislator
So part of the one parts that we are always reluctant to revisit from the initial authorizing legislation are the parts that actually make the Finance district not work, which are all the, all of our policy requirements. Right.
- Christopher Cabaldon
Legislator
They are, you know, has to be this percentage of affordable housing and this percentage of transit and this percentage of GHD reductions and what have you. In the end, you're like, well, if with all those requirements, I could have just financed it regular simpler through other. Through a regular eifd, for example.
- Christopher Cabaldon
Legislator
And so I really appreciate the work that both Senator Allen and on the Bill that's coming up that that's happening and we should continue to do that. But I think we also need to be really honest with ourselves about what are the, what are the things that make these financing tools better than the tools that are already out there?
- Christopher Cabaldon
Legislator
And then I acknowledge, as I know everyone on this Committee is well aware, that the real issue here is that after redevelopment, the state is no longer a partner in any of these things.
- Christopher Cabaldon
Legislator
And so we just keep coming up with ways for people to spend their own money that they don't have. Then we're surprised with that they don't. And so these are, these are Yeoman's efforts or Yeomperson's efforts to like, make this, make this, make this work.
- Christopher Cabaldon
Legislator
But I think ultimately, if we're going to solve these challenges, the state's going to have to figure out how to be at least a token partner in trying to in the financial success of these revitalization efforts. So appreciate the work and support the Bill.
- Sasha Perez
Legislator
Seeing none. Would you like to close? Yeah. Appreciate Senator Cabaldon's comments. We'll be sure to share that with the author, Senator Allen, and respectfully ask your aye vote. Thank you.
- María Elena Durazo
Legislator
All right, ready for the motion. zero, we need a motion. Move the Bill. Senator out again. Moves the Bill. Call the vote.
- María Elena Durazo
Legislator
The vote is four-two will remain on call. I know that Senator Cortese is up next, but if you don't mind, if Senator Perez will. Okay, thank you. I'll thank that. I promise. Okay, so we're Moving on to SB782.
- Sasha Perez
Legislator
Senator yes, and this is a Bill I am authoring. So good morning Chair and Members. I'd like to start by thanking the Chair and Committee staff for working with us on this Bill. I am accepting the clarifying Committee amendments reflected on page six of the analysis.
- Sasha Perez
Legislator
SB782 creates a process for cities and counties to establish a Disaster Recovery Financing District, allowing local governments to allocate tax revenue for recovery efforts and future risk mitigation. In January of this year, 14 destructive wildfires, namely the Eaton and Palisades fire, ravaged the Los Angeles metropolitan region and parts of the county.
- Sasha Perez
Legislator
These fires claimed at least 29 lives, forced over 200,000 residents to evacuate, burned over 57,000 acres of land land and destroyed more than 18,000 homes and structures. The devastation exposed the shortcomings of traditional financing methods. They are often too slow and cumbersome to meet the urgent needs of the communities in crisis.
- Sasha Perez
Legislator
I am authoring SB782 to ensure Los Angeles County can rebuild quickly and effectively. This Bill establishes a pathway for creating disaster Recovery Financing districts to rapidly mobilize resour for repairs, mitigation and resilience building through a community based approach. It will help local communities rebuild and promote equitable development in the areas most impacted by disasters.
- Sasha Perez
Legislator
Additionally, it ensures that revenue generated through the financing district is strictly dedicated to economic and physical recovery and workforce development programs. By targeting these investments, this legislation not only accelerates recovery but it also strengthens a community's ability to face future disasters.
- Sasha Perez
Legislator
This Bill is sponsored by Los Angeles County with and with me to testify and help answer technical questions is Michael Bunagel with the County of Los Angeles. At the appropriate time I ask for your aye vote.
- Michael Buennagel
Person
And Members of the Committee. My name is Michael Buennagel I'm a Senior Deputy County Council with the Los Angeles County Council's Office and I'm here in support of SB782. On behalf of the county, I'd like to extend our sincere thanks to Senator Perez for Authoring Senate Bill 782.
- Michael Buennagel
Person
This Bill will allow for creation of Disaster Recovery Financing Districts, a much needed tool that will help local governments recover from disasters like the wildfires that devastated Altadena and Pacific Palisades earlier this year.
- Michael Buennagel
Person
In addition to the tragedy of dozens of lives lost, thousands of houses and businesses destroyed, the infrastructure in these areas was another casualty of these disasters and now may hold back efforts to rebuild.
- Michael Buennagel
Person
Senate Bill 782 helps fix that by allowing the County of Los Angeles and other local governments throughout the state affected by disasters to devote funding to rebuilding infrastructure and supporting economic recovery efforts that will literally pave the way for future economic recovery and climate resilience.
- Michael Buennagel
Person
Similar to existing financing districts, the districts authorized by this Bill use future tax revenues to Fund public infrastructure and economic recovery projects. But this Bill expands the types of projects eligible for funding to better address the overwhelming needs of disaster recovery.
- Michael Buennagel
Person
For example, low and moderate income housing projects, libraries, roads, schools and commercial structures, parks undergrounding, vulnerable utilities will all be eligible for funding assistance. Through this Bill, 782 will also enable disaster recovery financing districts to support economic recovery by financing residential, commercial reconstruction, affordable housing development measures that prevent displacement.
- Michael Buennagel
Person
Certain services and programs will also be eligible for funding, such as low interest construction loans and capital access initiatives for residents and small businesses, as well as workforce development and job training programs.
- Michael Buennagel
Person
Collectively, these will help the County of Los Angeles and other local governments speed up the recovery process from this tragedy and from those that may come in the future. Again, thank you, Senator, for authoring this Bill and I urge an aye vote on Senate Bill 782.
- María Elena Durazo
Legislator
Thank you. Anyone else in support of SB782, please come forward.
- John Skoglund
Person
John Skoglund with the on behalf of the County Board of Supervisors of Los. Angeles county in support. Thank you.
- María Elena Durazo
Legislator
Thank you very much. Anyone else in support? Seeing None. Anyone in opposition to SB 782? None here see none. Any colleagues, any Members, comments, questions? Yes, thanks.
- Christopher Cabaldon
Legislator
Madam Chair, Just to follow up on the analysis on the the timing question and the analysis because I'm trying to understand where the where the where the tax increment is coming at what stage?
- Christopher Cabaldon
Legislator
So the, the, because there's only money here, if there is additional tax revenue in the future, and so is that increment because we anticipate that the cess valuation will go down because of the disaster and then we're going to capture the increment between the between that depressed valuation and the new valuation once it's rebuilt, or are we anticipating that the the new value after rebuild and reconstruction is higher than the original value and that's what the increment is.
- Michael Buennagel
Person
So it'll be both. It'll come from both. So the timing is really key on this. If we start the if we set the base here, freeze the valuation too early, we'll capture the valuations before the disaster occurred. If we wait too late, then recovery will already happen and we'll miss out on capturing some of the increment that occurs due to the rebuilding.
- Michael Buennagel
Person
So the timing is really important to make sure that we capture A point between the peak and the trough. So that once rebuilding occurs, the increment can be used and devoted towards this district for recovery efforts.
- Christopher Cabaldon
Legislator
Because if you capture at the trough, then the participating local agencies, the county or other partners, then they will have less General Fund revenue into the future than they had pretty much pre fire. Right.
- Michael Buennagel
Person
Well, it's just the amount that they're willing to contribute to the eifd. So they're not forced into this. They're allowed to contribute up to the amount that they feel comfortable with. If they feel that they're not comfortable with it, then they wouldn't be contributing anything.
- Michael Buennagel
Person
But it does create a big opportunity for the EFT to capture a fair amount of tax increment, assuming there's a pretty healthy rebuild and return to normal valuations.
- Christopher Cabaldon
Legislator
If that increment is based on the, on the depressed valuation in the first place. I'm supportive of the concept to be sure, but the, but this, but efts and climate districts and what have you generally fly under the radar. They're not big issues.
- Christopher Cabaldon
Legislator
But in this particular case, because the local government could have less ongoing General Fund than they had at the beginning, that is a, that's not a trivial local decision to be made.
- Christopher Cabaldon
Legislator
So I'm just, I'm highlighting that for my, for my LA colleagues and if we, if we ever have to use this in our, in my own counties again as well, that it's, it's in a normal tax increment financing district, including a climate district. It's, you're expecting more value to be coming and therefore additional tax revenue on top of what you already had.
- Christopher Cabaldon
Legislator
But in this case, if that increment is coming because the property, the assessed valuation went down, this is what the analysis is pointing out, then your long term trajectory, you're giving up that increment is, is sort of increment that you were already collecting pre disaster and so your ability to finance fire departments and parks and employee contracts and other things is diminished.
- Christopher Cabaldon
Legislator
So it's not a reason not to support the Bill. But I do think you know that this question around the public review and what have you, it's more important here than it is in a typical eifg because you're talking about potentially eroding the base General Fund budget of the agency, which it would be at its choice. As you say, the state's not mandating it, but it still is an important decision for a county or city to make.
- Michael Buennagel
Person
Any comments or response? Agree, I think it'll be very important. It's Incumbent on the local governments to make sure that when they go into this they have their eyes wide open, they do a sufficient financial analysis to make sure that they're going to be able to afford to have the hit to their own revenues.
- Michael Buennagel
Person
But I think that these are necessary, especially in Los Angeles County, of course, and I think that most local governments will treat this as an investment that that loss is not a loss permanently, it's something that they're contributing for the larger benefit of the neighborhood in the community.
- John Laird
Legislator
Senator Laird, just a follow up question. So is one of the issues here that the jurisdiction that might be considering this is much larger than the area of the fire so that you could absorb it if it's LA County, say, is that one of the ways this works?
- Michael Buennagel
Person
I think it definitely makes it easier for Los Angeles County to engage in this because we do have a larger tax base in other jurisdictions. I can't say that it wouldn't be beneficial in other smaller areas.
- John Laird
Legislator
I'm not arguing about beneficial because you see, I have the weird experience of when we had the earthquake 35 years ago at 5:03 that afternoon we had a fully funded redevelopment district with a year's Reserve.
- John Laird
Legislator
At 5:05 we were bankrupt and our, our assessed valuation was below the base level of redevelopment because of the complete destruction of our downtown. And so if you are looking at us as an individual jurisdiction that was going to consider this, it's robbing Peter to pay Paul.
- John Laird
Legislator
And so I'm just asking if there's a jurisdiction that's larger like LA County, so you have a tax base that's spread all over the universe and if you have a fire in one place that's within the jurisdiction of LA County, then it is not the same thing about making a decision about a city that is bankrupt.
- John Laird
Legislator
It is like everybody else sort of contributes from the other part to this district to help the place that was impacted by the fire. So I'm just trying to understand whether it is, can be subsumed in a larger thing and that's one of the reasons this would work and a government would choose to go into it and maybe the author can answer in recluse.
- Michael Buennagel
Person
I would just say yes. I mean, I think again, I think it does. It is much easier for a large tax based entity like County of Los Angeles to engage one of these and give up some of its tax increment in the short term. Okay.
- María Elena Durazo
Legislator
Okay, maybe with Senator Laird there's, maybe this is a potential Answer or comment on. On your question that we are allowing through an amendment, the district to include a portion of the territories adjacent and not just the disaster areas. Okay. Okay. Okay. Anybody else? No. Would you like to close?
- Sasha Perez
Legislator
Yeah, absolutely. Just to, I think, address Senator Laird's comment a little bit. It definitely is a different situation. You know, LA County has over 10 million people that it represents.
- Sasha Perez
Legislator
And the area that was impacted, particularly in the Eaton fire area, I want to say it's like, about 9,000, and Altadena in particular. So it is a. It is a much smaller portion, but it is going to require this kind of investment and infrastructure, and this investment into infrastructure for us to go through this rebuilding process.
- Sasha Perez
Legislator
So definitely a very different situation than, you know, a small town being wiped out and not having any sort of other revenue streams. So I respectfully ask you all for your aye vote.
- María Elena Durazo
Legislator
Thank you. Thank you. Thank you. Senator Perez, move the Bill. Senator Cabaldon, once again, reliable.
- Committee Secretary
Person
The motion is do pass as amended, to the Senate Floor. [Roll Call]
- María Elena Durazo
Legislator
The vote is 70. The Bill is out. Thank you. Congratulations. We now move on. Senator Cortese, thank you very much for your patience.
- Dave Cortese
Legislator
Thank you, Madam Chair and Member. I'm very happy to be referred to as patient. That's not always a descriptor for me. But today, today, today I am. Thank you.
- Dave Cortese
Legislator
I'm very happy to be here to present SB 753, which is a bill to modernize California's outdated Shopping Cart Recovery Law and give local governments the tools they need to keep our streets, sidewalks, and waterways clear of abandoned carts.
- Dave Cortese
Legislator
SB 753 simply allows cities and counties to directly return abandoned carts to retailers, rather than being forced to store them for up to 30 days in costly impound lots, which is currently state law. The Bill also allows local governments to recover actual documented costs, what those of us who are familiar with local government would refer to as cost recovery.
- Dave Cortese
Legislator
And that cost recovery would come from retailers only when the local government steps in to retrieve and return the cart. Let me be clear.
- Dave Cortese
Legislator
Again, the government is already involved in this process, and I really want to emphasize that because we've been trying to work with opposition, as you can imagine, and one of the things that we hear is we should just keep government, you know, out of this whole space.
- Dave Cortese
Legislator
And government's been in this space since the 1990s, with two different statutes that are well documented in the Bill Analysis. We're really just trying to come in and modify that statutory scheme so that local governments don't have to tie up costly real estate, for 30 days at a time, for shopping carts, with an empowerment process.
- Dave Cortese
Legislator
So, again, the Bill allows local governments to pick up carts immediately, return them to retailers without current three-day notice requirements, and also gives local governments flexibility to address repeated noncompliance. The Bill makes an inefficient system more responsive and cost effective by addressing the real and growing issue of abandoned shopping carts blocking streets, sidewalks, and communities.
- Dave Cortese
Legislator
I do want to just put another very quick kind of a caveat out there and probably don't—I probably don't need to do that with all of the experienced legislators here.
- Dave Cortese
Legislator
But another area that we've been asked to think about, by the opposition, is to step up criminal sanctions on shopping cart removal, rather than, you know, try to modify this, this civil process that allows cost recovery to take place.
- Dave Cortese
Legislator
As, again, as all of you know, not only have we already addressed that as a state, perhaps not all of us supported the way we addressed it, but Prop 36 now says that if you remove goods that are owned by a retailer, that's not only a misdemeanor, which it has been for a long time.
- Dave Cortese
Legislator
Shopping carts are specifically called out under the Business and Profession Code. They're only worth, depending on what you can find, you know, in terms of refurbished and new carts, $50 to $200 at the most, especially in used condition. But once you do that three times, three misdemeanors under Prop 36, you're now potentially charged with a felony.
- Dave Cortese
Legislator
I don't know how much further the State of California can go, or the people of the State of California can go, to bring criminal sanctions on something like this. I actually think that's excessive in a day and age when we're trying to encourage people stay out of their cars, walk to the grocery store.
- Dave Cortese
Legislator
Of course, there's a temptation by everyday people to bring the shopping cart from the grocery store, since they don't have a car there, to their home, and then not bring it back. If indeed the retailers want to, to lobby the district attorneys and law enforcement to cite those folks with misdemeanors, you know, ultimately that's the consequence that it leads after three, after three occasions, or three prosecutions, to a felony.
- Dave Cortese
Legislator
So, this isn't a criminal Bill. We're saying that's been taken care of, that's been handled.
- Dave Cortese
Legislator
What we're trying to do is put the local governments in a position where they can get those shopping carts right back to those retailers, as quickly as they can. With that, I'd like to call on my support witnesses.
- Dave Cortese
Legislator
We have with us today, Peter Hamilton, Assistant to the City Manager in the Office of Administration, Policy, and Intergovernment, Intergovernment—Intergovernmental, thank you—Affairs at the City of San Jose, and Ashley Walker, on behalf of Santa Clara Valley Water District, speaking in support.
- María Elena Durazo
Legislator
Thank you, Senator Cortese. You may proceed. Just two, and two minutes each.
- Peter Hamilton
Person
Good morning, Chair Durazo and Members of the Senate Local Government Committee. My name is Peter Hamilton. I'm an Assistant to the City Manager in the City Manager's Office at the City of San Jose.
- Peter Hamilton
Person
And I'm here today on behalf of the city and the Mayor's Office in support of Senate Bill 753 by Senator Cortese, which seeks to address the widespread issue of abandoned shopping carts in cities across the state. These shopping carts are a blight in our community. They can create hazards by blocking streets and sidewalks.
- Peter Hamilton
Person
They often end up in our open spaces and waterways, contributing to environmental pollution and disrupting our flood control systems. San Jose's goal is to retrieve these carts and return them to their owners as efficiently as possible, but state law makes that difficult.
- Peter Hamilton
Person
Under current law, cities must store abandoned carts in an impound lot, where they can sit for up to 30 days or until a retailer retrieves them. This outdated process is challenging to implement, especially for large cities like San Jose, which would need to store hundreds of abandoned carts at any given time to comply with this provision.
- Peter Hamilton
Person
Operating an impound lot would be expensive. It would require dedicated staff and a site for storage. We believe there's a more efficient way to retrieve carts. SB 753 would allow cities and counties to return carts directly to retailers without the current requirement for an impound lot. This change would avoid significant unnecessary costs.
- Peter Hamilton
Person
Additionally, this Bill would allow for recovery of the actual cost for providing this service. As I mentioned, the city's goal is to return carts to their owners as efficiently as possible. By eliminating the unnecessary cost of an impound lot, the city would be able to provide a cost recovery service for retailers at a reasonable price point.
- Peter Hamilton
Person
In summary, this legislation would modernize an outdated system and provide cities with a more efficient tool for cleaning up our streets, waterways, and neighborhood. With that, I respectfully ask for your support for SB 753. Thank you.
- Ashley Walker
Person
Thank you, Chair and Members. Ashley Walker with Nossaman, on behalf of Santa Clara Valley Water District. We are the Water Supply, Flood Protection, and Environmental Stewardship agency for the more than 2 million residents in Santa Clara County. SB 753 allows local governments to retrieve abandoned shopping carts and recover the costs of doing so.
- Ashley Walker
Person
Valley Water manages 333 miles of creeks where shopping carts often obstruct flow, pollute waterways, and increase flood risks. This Bill will provide public agencies a practical tool to protect public safety and environmental health, and we respectful urge your support and "Aye" vote on SB 753.
- María Elena Durazo
Legislator
Thank you very much. Is there anyone else in support of SB 753?
- Moira C. Topp
Person
Good morning, Chair and Members. Moira Topp, on behalf of San Diego Mayor Todd Gloria and the City of San Diego, in support.
- Caroline Grinder
Person
Good morning. Caroline Grinder, on behalf of the League of California Cities, in support.
- María Elena Durazo
Legislator
Thank you very much. Anyone else in support? Seeing none. Anyone in opposition of SB 753, please come forward.
- Louis Brown Jr.
Person
Well, Madam Chair, Members of the Committee, Louis Brown here today.
- Louis Brown Jr.
Person
On behalf of the California Grocers Association, little different to being here today versus where we were yesterday in that our representative was in the City of San Jose supporting an effort by the city to actually move forward with a local ordinance, which then accomplishes the goal that we're actually setting out for and that we've worked with hundreds of communities around the state is that these carts don't leave our properties.
- Louis Brown Jr.
Person
We don't believe that the city should be involved in gathering carts because that's a crime. These are stolen property once they leave our property. So the state law, as it currently says, is that, yes, if the city wants to get involved with collecting carts, then they have to follow those parameters.
- Louis Brown Jr.
Person
But just like San Jose did yesterday and hundreds of other cities have done, they can work with grocers and retailers and actually create programs to incentivize the businesses to ensure that those carts don't leave the property.
- Louis Brown Jr.
Person
And so that's what we think is missing here, is that as we move forward in a Bill like this, it actually encourages cities to get more and more involved in the process and then actually have to address the issue after the crime has been committed, which is taking the stolen property.
- Louis Brown Jr.
Person
We believe that working with locals and developing the ordinances and developing local programs like the City of San Jose is moving towards helps us partner in those areas. So starting in January 1st, the City of San Jose is moving forward with a local ordinance. It's still not as far or as.
- Louis Brown Jr.
Person
As comprehensive as some other local communities that we've seen, but we do think it is a step in the right direction to actually addressing this issue. We also have a major concern with the whole issue of cost recovery, as the Committee analysis states.
- Louis Brown Jr.
Person
We think this does take us back to decades ago when we were facing this unknown cost depending on the local community we were dealing with.
- Louis Brown Jr.
Person
And it was that issue that really drove us to where we are today and really trying to find partnerships like we're working with the City of San Jose on to address these issues going forward. So for those reasons, we're opposed to the Bill as it is and would ask for a no vote.
- Ryan Elaine
Person
Thank you, Madam Chair. Ryan Elaine about the California Retailers Association. First want to start off by saying there was a mishap of our Cateran letterants. We're not officially on the analysis, but been in communication with the Senator staff and addressing our concerns.
- Ryan Elaine
Person
Just want to highlight a few things that the retailers want to Be partners in this across the state. This is something that I've heard a lot from Members. I've been in communication with a lot of cities, a lot of ordinances out there.
- Ryan Elaine
Person
And when I first heard this Bill, I was kind of open to, okay, what can be a statewide solution that may address the patchwork across the state? Once I upon feedback from my Members and look into the Bill, there's a few issues with the language and print.
- Ryan Elaine
Person
Mainly, as was mentioned, was the cost recovery and removing the cap on the fines. But additionally they're returning the shopping carts to the parking area or premises. And then they say that in the Bill it is the parking area of a retail establishment located in a multi store complex or shopping center shall include the entire parking area used by the complex or center.
- Ryan Elaine
Person
I think that retailers in the area that may not have shopping carts could have shopping carts dumped in that parking lot right in front of them if it's in like a mall or shopping center.
- Ryan Elaine
Person
And oftentimes too, these shopping carts are, as was mentioned in creeks could be muddied, damaged, and then just to have that dumped on back onto our property is kind of. It was very concerning. So I think that we want to be partners. We'll continue conversations at the state level and at the local level, but with the language in print, we are in opposition. Thank you.
- María Elena Durazo
Legislator
Thank you very much. Okay, do we have anyone else in opposition that wants to add their name? Okay. See? None. Questions? Comments? Senator Seyarto, thank you.
- Kelly Seyarto
Legislator
I feel like we're making the shopping cart issue too complicated. If there's a law that says that they have to impound them. Yeah, let's get rid of that law. I think this is more of a local level depending upon what the gravity of their issue is.
- Kelly Seyarto
Legislator
If they're picking up shopping carts now and taking them to the impound yard, they might as well pick them up and take them from whence they came. Or they can work with the local agencies to create ordinances that allow the type of shopping carts that freeze up on you when you're starting to leave the premises.
- Kelly Seyarto
Legislator
So I'd rather leave. I'd like to fix the part where we get rid of the impound law request requirement and allow the cities to work with their grocers in their areas to solve what may be a problem or may not be a problem at all in some areas.
- Kelly Seyarto
Legislator
So yeah, I was kind of on the fence because I don't like the part where we're taking a criminal act and charging them for it. And that part kind of bothers Me and I hope that most cities can work with their grocers to handle their local issue.
- Steven Choi
Legislator
Also I share same concerns as Senator Sato. As mentioned as a former City Council Member and also mayor of City of Irvine, I share the concern. This is a very local issue and that can be solved by working with the retailers shopping center owners.
- Steven Choi
Legislator
We have the owner of the center and then also the grocery store and the city locally. And also it's surprising to know that state law is requiring retrieved sharpening cuts should be stored for 30 days until it's claimed. I think that's more cumbersome. So in that returning right away to the grocery stores is plausible.
- Steven Choi
Legislator
But now recovery means that now you need to count how many carts have been retrieved and building and creating another burden onto the city. And then also sometimes I see some cars abandoned carts don't have a label which store that belongs to.
- Steven Choi
Legislator
If that was found nearby the creek or Riverside or whatever, then how are we going to identify and return? So that also creates. Maybe the cities can work out identifying the store name or address, you know, visible handle or somewhere.
- Steven Choi
Legislator
Because when the shopping carts are just abandoned and with no identification, how is this cities going to return them to? So it is a necessary measure we have to address. But will state have to govern uniformly for the entire state?
- Steven Choi
Legislator
And then also as I stated my City of Irvine related but not quite same issue of a shopping cart. But our city is so liberal and we honor the freedom of speech and the campaign season. We allow for almost three months for the campaign signs to be placed as just inundated everywhere.
- Steven Choi
Legislator
And I tried to limit that, but it didn't work because it complicates with other signs like realtors or open house signs or whatever. We could not just limit the campaign signs alone. So I did not succeed to trying to. My intent was to allow only three days.
- Steven Choi
Legislator
If any crazy candidate would invest that kind of money for three days operation. Just, just like a, you know, real. Real estate open house issue. So it didn't fly. So still our city allows so many campaign signs.
- Steven Choi
Legislator
But the amazing thing is that instead of regulating candidates of penalties and everything else that we the city could have come or even state could have come into that kind of situation. But after 10 days, magically, most of the signs appear maybe two months, you know, are all gone.
- Steven Choi
Legislator
And one particular area Woodbridge called Woodbridge Village Association, the homeowners Association, they do a great job of collecting all the campaign signs right after the election day. And then the letter comes to the candidate. Hey, we have collected as our policy all the signs. If you need it, please come retrieve them within a week.
- Steven Choi
Legislator
Otherwise we'll just discard them. And also Citi does same thing. So Citi collects them and for repurposed uses, you know, I went there many times, I retrieved them and without the burden or penalties to the candidates. So I think the same concept can be applied for retrieving because that's investment.
- Steven Choi
Legislator
And the money loss for the groceries losing their cards could be $100 or $200 each conceivably. So I think that one really, you know, want to lose and not control their shopping carts is education of the consumers to beautify our city, not to litter with the shopping carts everywhere. I think that's a locally we can address better.
- Steven Choi
Legislator
So I'm also. It has a merit in there, but at the same time imposing the cost of a recovery to the city and that mandating by the state law, that bothers me. I don't know how to solve this problem.
- Steven Choi
Legislator
But I would rather as a local government Committee Member and also having served in the local government, I think this is a nuisance issue, but it's a local issue that, that can be handled a lot better locally. Thank you.
- Dave Cortese
Legislator
No, Madam Chair. The only thing I wanted to suggest is I don't know what happened in San Jose on Tuesday or whatever. Somebody wanted to ask the San Jose representative that. I know he's willing to answer that question. Otherwise I can handle everything else in my clothes. So I mean, just a couple of thoughts.
- Louis Brown Jr.
Person
Certainly, yeah. San Jose has had a for several decades now ordinance that regulates retailers who have shopping carts locally. We I think make significant efforts to partner with retailers locally. We have a full time code enforcement inspector who partners with retailers to have them get their carts back to them as quickly as possible.
- Louis Brown Jr.
Person
And we just strengthened that ordinance on, on Tuesday. So we really value our partnership with retailers locally. We think that that's, you know, really valuable thing. But I think operating our own service with our own contractor would allow us to get carts back to them. I think much more quickly than the current, than we're currently able to.
- María Elena Durazo
Legislator
Senator, I just have a question. You've heard some remarks here about whether it should be done locally or is there, should this be done statewide? And there's already a statewide law.
- María Elena Durazo
Legislator
If there's anything that either you are already involved with, any issue that you have already started the discussion with or anything that you heard here today that you think you would continue the conversation on that would be my only suggestion here.
- Dave Cortese
Legislator
Yeah, I mean, it sounds like even people who are, might be reticent about supporting the Bill are critical of the 30 day impound. This Bill is first and foremost to get rid of that 30 day impound. I mean, this day and age doesn't make sense. Obviously the system's not working.
- Dave Cortese
Legislator
Well, I would probably defy anyone to say that it is. We got shopping carts littered all over the place in most of these urban areas. And if you have riparian corridors, even more so, you know, even more of a concern, like places, places like Sacramento or San Jose or San Diego.
- Dave Cortese
Legislator
But the other thing I think we need to keep open to, you know, there's, there's not a question in my mind about the 30 days. I, I don't know why we would, why we would go down this path to impound.
- Dave Cortese
Legislator
So I'm not, I'm not, I'm willing to listen, but I think that's kind of the essence of the Bill here is to get rid of the 30 day impound. Cost recovery in statute currently is set up at $50 per occurrence. But an occurrence is defined as a day, a per diem. It's basically $50 per diem.
- Dave Cortese
Legislator
So the city goes out and goes all over the place all day long with their code enforcement personnel and picks up carts. Basically their compliance order penalty is going to be $50 total for that day.
- Dave Cortese
Legislator
So we put cost recovery, which is a traditional reimbursement mechanism, it's not obviously not a tax, it's not a, a penalty per se. The city would have to be able to establish it actually incurred that cost if that needs to be better defined.
- Dave Cortese
Legislator
I am, you know, very open to continuing to try to, to work out whatever the happy median is there. But, but, but for today we have, you know, a traditional, I won't call it a placeholder, but a traditional definition as what the city would be entitled to, which is cost recovery.
- Dave Cortese
Legislator
I, I think that's of all that I've heard to answer your question. You know, I think that's the only thing that, you know, sounds, sounds somewhat compelling to me.
- Dave Cortese
Legislator
We, we, we've had conversations with the opposition, including with the mayor of San Jose on the line and said if you don't want these carts back because they're muddy and dirty and, and such, would you rather just have them scrapped?
- Dave Cortese
Legislator
Would you rather, you know, Senator Choi was talking about the campaign signs, how they tell you pick them up or they're going in the dumpster. Do you, is that A better alternative than having them return to the site and you know, having the retailer take repossession of them.
- Dave Cortese
Legislator
We were told no, but if that changes, that would be, I think every city in California would like to hear that. That would probably sound like really good news. We don't have to return them at all. Or maybe some notification process that we scrapped one of your carts because it was, you know, in the creek.
- Dave Cortese
Legislator
Those, those are things we're having conversations about. Madam Chair, we think we've got the Bill in pretty good shape right now. You know, it's certainly, you know, continue to, to urge you to support the Bill, but of course we'll keep open communications going on all this. Can I answer the question about what we can do?
- Dave Cortese
Legislator
You know, I made comments about the fact that it's a crime and that it's, it's actually in effect a reinforced crime and a crime that can escalate penalties. Not now based on Prop 36, but if you don't have, you know, one of the things the business profession code says is it has to have the car has to be identified. That's the law. If, if the retailer isn't going to identify their cards, they have no claim to them at all.
- Dave Cortese
Legislator
That's my understanding of the business profession because it's certainly not a crime for anybody to remove them at that point. They have to identify that as their property. That's why when you, you go to Raleys are Safeway even here in Sacramento, you see something right on the cart that very clearly defines per statute, who it belongs to.
- Dave Cortese
Legislator
So that's already covered. The criminal piece of. It's covered. How you identify the cart, it's already covered by state law. The only real question here is how long should these cities have to hold on to these carts?
- Dave Cortese
Legislator
You know, in places like Silicon Valley where they're selling real estate by the square foot, not by the acre and stacking shopping carts on them on behalf, essentially subsidizing retailers who, you know, perhaps ought to have a security guard in the parking lot so that people don't walk away with, with the carts. The, the shopping centers.
- Dave Cortese
Legislator
The shopping center a mile away from where I live does exactly that. They don't have this problem. But the question becomes, do you want the cities to do this long term subsidy or not?
- María Elena Durazo
Legislator
Sure. Just a quick question, quick answer. I'll leave that as my close just.
- Christopher Cabaldon
Legislator
Respect to the fine portion because I think you made a compelling case on both the impound. I mean we don't even, even astronauts only had to quarantine for 21 days, 30 days in an impound for a shopping cart. Doesn't make sense. And also on the cost recovery piece, with respect to the.
- Christopher Cabaldon
Legislator
But could you just address the portion of the Bill that removes the cap on the fine, the penalty portion that the opposition said it's not fair to fine us for the act of having our property stolen. Yes.
- Dave Cortese
Legislator
And for somebody who's run a city, the current statute is set up to allow the city to, to do a compliance order, fine, code enforcement fine. It's. It's capped. It's limited. As I, as I mentioned earlier, in terms of how much you can charge, it's not $50 per cart that you found or whatever.
- Dave Cortese
Legislator
We're trying to just change that to, to a simple cost recovery methodology. And, and that's. If that needs to be, you know, refined more, I'm happy to do that. Does that answer your question? But that's.
- Christopher Cabaldon
Legislator
I might be misunderstood. I thought. I thought these were two different provisions of the Bill, but I may. I may be misunderstood.
- Christopher Cabaldon
Legislator
Misunderstanding that there was a cost recovery for the return, but then also a fine for the, for the act of having, you know, the, the repeated act of having the cart out there in the first place.
- Dave Cortese
Legislator
Yeah. The original Bill in. In print allowed. Of. Allowed a fine and cost recovery. My belief is, is that you. The way the bill's written, in the way the law is, you can't exceed cost recovery. But, you know, if. If that's the last thing that needs to be resolved in the Bill, I think we can get there.
- Dave Cortese
Legislator
That's just a question of what the righteous amount is for the city to recover on. On each occurrence.
- Dave Cortese
Legislator
But thank you for the question and we'll keep working on that. Happy to keep working on that.
- María Elena Durazo
Legislator
Well, I. I will support the Bill, but obviously there's things here that could be that you could continue to work on and fix. So I urge you to do that.
- María Elena Durazo
Legislator
Thank you very much. Any. Would we need a Bill, a motion. I mean, a motion for the Bill. Senator Wiener moves the Bill. Thank you. And we'll have roll call.
- María Elena Durazo
Legislator
The vote is 60 and the Bill is out. Thank you. We move on now to item 11, SB9 Arreguin. Senator Arreguin.
- Jesse Arreguin
Legislator
Members, thank you for the opportunity to present SB9, which in its amended version will state that the failure of a local agency to submit an accessory dwelling unit ordinance to state a city within 60 days of adoption or to respond to the department's findings within 30 days would make the ordinance null and void and the state standards would apply in that instance.
- Jesse Arreguin
Legislator
I want to state clearly that I will be accepting the Committee amendments which were previously agreed upon in the Senate Housing Committee but are being made in this Committee for procedural reasons. The amendments strike the language in print and replace it with the provisions I described previously.
- Jesse Arreguin
Legislator
The intent of SB9 was to clarify that the existing prohibition of owner occupancy requirements for ADUs applied to units created prior to the passage of AB 881 in 2020, which paused owner occupancy requirements for five years and was subsequently made permanent in 2023.
- Jesse Arreguin
Legislator
However, based on further review by Housing Committee staff, it appears that the existing statute is already clear and enforceable, making the prior version of the Bill redundant. Given that Senate Housing Committee amendments recast the Bill to instead provide additional enforcement authority to HCD with regards to the ADU statute and propose local ADU ordinances.
- Jesse Arreguin
Legislator
The Legislature has made numerous changes to ADU law in recent years which has led to a tremendous increase in this type of housing development. ADUs now make up one in five new units constructed in our state, providing critical affordable housing stock in communities that is otherwise difficult to create housing in.
- Jesse Arreguin
Legislator
The Legislature was clear when they required ministerial approval for ADU development and disallow local governments from adding owner's requirements on such development that it wants to speed up the construction of this type of housing.
- Jesse Arreguin
Legislator
Despite this, some local governments have enacted ordinances that run counter to state law when state HCD provides guidance to local governments around enacted ADU ordinances. Some local governments, despite this clear guidance and technical assistance, have not been responsive to that guidance.
- Jesse Arreguin
Legislator
This Bill is really ensuring that the letter of state law is implemented and to continue the progress of trying to speed up the construction of ADUs. So SB9 is amended would remedy the situation by adding enforcement power to existing state law.
- Jesse Arreguin
Legislator
Local governments are already required under state law to submit an ADU ordinance to ACD within 60 days after adoption and to respond to any ACD comments or guidance within 30 days after such issuance.
- Jesse Arreguin
Legislator
Just to clarify respond doesn't mean have to adopt any clarifying amendments is to provide a response to the state that we are in receipt of your comments. We are in the process of making technical amendments to conform to the guidance provided.
- Jesse Arreguin
Legislator
I just want to clarify that issue as that came up in Senate housing what what respond means in this instance, SB9 would build on that requirement by stating that failure to notify or respond to HCD will result in the ordinance becoming null and void and will revert the standards to state law until such time that the local government can make conforming amendments to respond to that prior ACD guidance.
- Jesse Arreguin
Legislator
This, in my opinion, will ensure the state ADU law is implemented fairly and consistently across the State of California. With me to testify is Max Dubler from Cal Yimby, and at the appropriate time, respectfully asked for an aye vote.
- Max Dubler
Person
Turn this on. Good morning, Chair and Members of the Committee. My name is Max Dubler. I'm a policy manager at California YIMBY. I'm here to speak as a proud sponsor of SP9.
- Max Dubler
Person
California Gymbie is a statewide organization of over 80,000 neighbors dedicated to making California an affordable place to live, work and raise a family. Accessory dwelling units are one of the most important tools we have to address California's housing crisis.
- Max Dubler
Person
These naturally affordable homes support intergenerational living and allow homeowners to be part of the solution to our housing shortage. California's ADU standards lead the nation by setting clear, simple set of rules that apply statewide.
- Max Dubler
Person
State law gives ADU builders the ability to work across multiple jurisdictions and encourages investment by giving homeowners confidence they will actually be able to secure permits. But while state law sets clear standards, local compliance with those standards is not always perfect. Some jurisdictions adopt non compliant ordinances or fail to submit them to HCD.
- Max Dubler
Person
This creates uncertainty for homeowners and developers alike. SB9 will strengthen enforcement by establishing a clear, straightforward accountability mechanism. In these cases, if a local agency fails to submit its adu ordinance within 60 days of adoption or fails to respond to HCD's findings of non compliance within 30 days, that ordinance will become null and void until the.
- Max Dubler
Person
And the government. Sorry. And the local government must then apply the default state standards until a compliant ordinance is adopted. This change reinforces existing state law, ensures timely implementation and protects homeowners from local barriers to Building ADUs. For these reasons, we respectfully ask for your support of SB9. Thank you very much.
- Jonathan Cook
Person
Thank you. Jonathan Cook, Executive Director of the Sacramento Housing Alliance, in support.
- Rosanna Carvacho
Person
Thank you. Good morning, Madam Chair and Senators Rosanna Carvacho Elliott here on behalf of the. City of Alameda, in support. Thank you. Thank you very much.
- María Elena Durazo
Legislator
Members, comments? Questions? Opposition? Oh, I'm sorry. Anyone in opposition of SB9? See, I knew that. Instinctively knew that was.
- John Laird
Legislator
Yeah, well, now you read the room, I'm sorry, I'm very late to the party here and so I just have a question.
- John Laird
Legislator
The thing I didn't understand when I read the analysis and I know that the Bill changed, is in this whole issue what the retroactivity is, because I know we did a deed restriction when I was on the council in the 1980s, so then there's deed restricted ADUs.
- John Laird
Legislator
Does this and this collection of bills require a city to go back and address past deed restricted ADUs. Or is this from like 2020 or wherever the legislation started going forward?
- Jesse Arreguin
Legislator
Yeah, I. Committee staff can clarify. This is prospective. This would take effect January 1st next year. So any ADU ordinance.
- John Laird
Legislator
And this does the ordinance. So this basically does what governs the approval of
- Jesse Arreguin
Legislator
The owner occupancy issue Senator Laird. That's already codified in state law. And so we have changed the Bill because we feel that. And I think HCD clarified this. That that's already addressed. This is about when a local government amends their ADU implementation ordinance.
- John Laird
Legislator
You just can't do the owner occupied because you're trying to be consistent with what is now the underlying state law.
- Jesse Arreguin
Legislator
Yeah, this. This doesn't just. Doesn't limit it to owner occupancies. Any. Any change to a local ADU?
- John Laird
Legislator
Oh, no, I get that. That's. But. But I was asking about that piece of it. I get the. The governing change. Okay. Because I know there was when you started to do this Bill, one of the major issues was my home city. And I didn't understand if it sounds like that's been totally resolved. It didn't show up in the analysis.
- Jesse Arreguin
Legislator
Yes, Senator, that's been resolved and Santa Cruz did adopt clarifying legislation.
- María Elena Durazo
Legislator
Okay. Anybody else, comments, Questions? Is there a motion? Senator Wiener moves the Bill. I'm sorry, did you have any closing?
- María Elena Durazo
Legislator
The vote is 5-0 and it remains on call. Thank you. Now we move on. Senator Choi. Okay. I'm sorry. That Bill is out. Okay. And I go now. Senator Choi, if you would. Thank you. And if they misbehave, use the gavel to hit them on there.
- Steven Choi
Legislator
Next Bill is File item number 12 SB838. Our Committee chair, Senator Durazo, is going to make a presentation and then I have honor of holding this gavel. Thank you. Go ahead when you're ready.
- María Elena Durazo
Legislator
Thank you, Mr. Chair and Members, this bill is about keeping our strongest housing law, the Housing Accountability act, focused on what it was designed to do, which is to build homes. The HAA was created to accelerate housing production, not to streamline the development of hotels and resorts.
- María Elena Durazo
Legislator
But lately, we've seen developers using housing laws to fast track hotel projects even in areas where hotels would normally be blocked by local zoning. Some hotel components have even been added late in the process, cutting down the number of homes originally proposed. We've seen this happen in places like Beverly Hills and Santa Monica.
- María Elena Durazo
Legislator
We've also seen hotel proposals push forward in fire prone areas where zoning would not normally allow them. And this is an example. In the Sonoma Developmental center and the Mountain Winery in Saratoga. We've seen developers submit the same project in multiple versions, some with hotels and some some without. There's an example in Sacramento.
- María Elena Durazo
Legislator
One version included a 300 room hotel and nearly 100 fewer homes. The other version dropped the hotel and added 96 more homes. When housing streamlining laws are used to build hotels, not homes, a few things happen. We lose limited land that could go to permanent housing.
- María Elena Durazo
Legislator
We push low wage workers farther from where they work and we shift the focus of the HAA away from housing. We risk weakening public trust in the housing laws that this Legislature works so hard to pass and protect. SB838 takes a clear step. It removes transient lodging from eligibility under state housing streamlining laws.
- María Elena Durazo
Legislator
The bill includes a clear and reasonable cutoff. And to be clear, SB838 does not ban hotels. If you want to include a hotel, that part of the project should go through the regular hotel, regular local process. This is a targeted pro housing measure.
- María Elena Durazo
Legislator
It keeps and protects the integrity of the HAA and keeps our important housing streamlining laws focused on building homes. Let's truly focus on housing production. And I'm joined today by two witnesses. Ty Hudson, Research Director at UNITE HERE, and Huascar Castro Working Partnerships in USA. I respectfully ask for our vote.
- Steven Choi
Legislator
Okay, when you are ready, go ahead. Each person will have two minutes.
- Ty Hudson
Person
Thank you, Mr. Chair, Madam Chair and Members, my name is Ty Hudson. I'm the Research Director for Unite Here Local 2. Unite Here is proud to sponsor SB838. California is in a housing crisis and the Legislature has acted decisively in recent years to ease restrictions on residential development.
- Ty Hudson
Person
Unfortunately, some developers have taken advantage of the new streamlining provisions to bypass local approval. Local approval processes for luxury hotels and resorts. Some of these proposed resorts are in rural areas prone to wildfires where current zoning does not allow hotels.
- Ty Hudson
Person
But local governments may have no choice but to approve them because they are attached to housing projects that qualify for the builder's remedy. These hotel and resort projects do nothing to address California's housing crisis.
- Ty Hudson
Person
In fact, they may make local housing crises worse by bringing low wage jobs to areas like Wine country and Santa Monica that have very little housing affordable to low wage. Under current law, a mixed use project made up of 2/3 housing and 1/3 hotel by square footage may qualify for many powerful streamlining provisions.
- Ty Hudson
Person
Such a project may actually have more hotel rooms than housing units. All of this building area dedicated to hotel use could be devoted to additional housing units. But some developers are developing hotels and resorts instead simply because they can.
- Ty Hudson
Person
SB838 would close this loophole by amending the Housing Accountability Act's definition of housing development project to exclude tourist hotels. And let's be clear, this bill would not limit housing development in any way. It would leave all of the streamlining provisions for housing fully intact.
- Ty Hudson
Person
It would simply focus these incentives more squarely on housing production, encouraging developers to build more housing instead of hotels. For these reasons, we're proud to sponsor SB838 and urge your aye vote.
- Huascar Castro
Person
This thing on. It's on. Thank you, thank you, Madam Chair, Vice Chair Members, My name is Huascar Castro and I'm the Director of Housing and Transportation Justice at Working Partnerships USA.
- Huascar Castro
Person
Working Partnerships is the Silicon Valley based community group that tackles the root causes of inequality and poverty by leading collaborative campaigns for quality jobs, healthy communities, equitable growth and housing justice. We're proud to support SB838 by Senator Durazzo.
- Huascar Castro
Person
This bill is crucial in ensuring that California's housing streamlining laws remain focused on their original intent, facilitating the development of affordable housing for our residents, not expediting hotel construction. As we all know, in this room, California is grappling with severe housing crisis. We're seeing the cost of living continue to rise.
- Huascar Castro
Person
We're seeing rents continue to rise, which is causing for displacement in communities throughout our state. And we're seeing this have a severe effect in many numerous ways, including our growing unhoused crisis. The state's recent legislative efforts were designed to address this crisis by streamlining approval processes for affordable housing projects.
- Huascar Castro
Person
These are worthy goals, goals which we have supported in the past. However, there's a growing concern that the benefits of these streamlining laws are being extended into hotel developments. This shift diverts the resources and attention away from building homes which we desperately need. While beneficial for tourism, hotels do not address our pressing need for permanent affordable housing.
- Huascar Castro
Person
SB838 seeks to rectify this by clarifying that the streamlined approval processes are intended solely for housing projects. By doing so, we ensure that our policies remained aligned with the goal of providing safe, affordable homes for all. When thinking about the quality of a project, it's always important to weigh the ancillary community benefits.
- Huascar Castro
Person
In other words, what else are you bringing to surrounding communities?
- Huascar Castro
Person
By clarifying the Housing and Accountability act with respect to hotel projects, we are incentivizing the developers who want benefits of streamlining focus desperately on needed housing and in the case of mixed use projects, to include grocery stores, local retail and other types of commercial space that will serve everyone. For these reasons, we urge an aye vote. Thank you.
- Steven Choi
Legislator
Thank you. Any public members in support? Okay. If not any lead opposition? Okay. In the public in opposition? All right, back, and Senator Laird.
- Steven Choi
Legislator
Okay, Senator Laird. And move the bill. Any questions? Comments? Senator Wiener?
- Scott Wiener
Legislator
Thank you, Mr. Vice Chair. I'm going to support the bill today and I know this has been an ongoing conversation for a number of years now. I do have some trepidation just because different projects are structured and penciled out in in different ways in terms of supporting more housing. And, and so I do have some hesitation.
- Scott Wiener
Legislator
I'm willing to support it today and move forward. One thing I do want to, I appreciate all the shout outs to the housing laws and the important work we've done around streamlining and zoning and Housing Accountability act and so on and so forth.
- Scott Wiener
Legislator
I think has some really important work which has overwhelmingly moved through this committee. I'm just going to note for the record just to say it because that's how I'm blunt sometimes, that when I look at the supporters of this Bill, I have not seen those supporters also supporting some of those housing laws.
- Scott Wiener
Legislator
And we've had conversations over the years, but it's never really gotten there. And I think that when it comes to solving our housing crisis, it's important for everyone to be working together on various fronts. And so I'm happy to be supporting this today because I think it is in General the right approach.
- Scott Wiener
Legislator
I think I would love to see a broadening of the coalition and folks being willing to support the fundamental notion that building more housing is the core solution to our severe housing shortage.
- Scott Wiener
Legislator
And we see this play out in sometimes the short term rental debates where people are concerned, I think legitimately about if you remove a whole bunch of housing from the residential market for short term rentals, that that will reduce supply and spike prices, which I agree with, which is why I've supported some limitations on short term rentals.
- Scott Wiener
Legislator
And that is, I think, an acknowledgement that the supply of housing matters. So anyway, I'm supporting the bill today. I hope we can all work together to build a lot more housing and solve our housing crisis.
- Christopher Cabaldon
Legislator
Yeah, thanks. I'm in the same position as I'm going to support it today. This also is not how the housing markets work in Woodland or Calistoga or Delano or the vast majority of the state's geography. It isn't a question of, well, you know, a project like this is necessarily crowding out at 100% housing project, affordable or otherwise.
- Christopher Cabaldon
Legislator
That's just not the facts on the ground. In most of the communities in my district, my own city being the one exception, it's very hard to get any project done.
- Christopher Cabaldon
Legislator
And so you're looking for, whether it's a grocery store or a hotel or a battery storage facility, whatever the mix is, in order to make a project happen, you've got to at least be able to consider. And so I think we here, we often adopt this notion that I think might be true in the heavily urban areas.
- Christopher Cabaldon
Legislator
I don't know because I'm not from there, but that it's either an all housing project that's all affordable, that's fully solar, that has an urban garden and child care center, or it's some horrible other project.
- Christopher Cabaldon
Legislator
But in most places, at least that I represent, in a lot of California, that's not the choice you're trying to get any housing built. It's going to be with something else. We're going to have to help it move along. So I think this is raising an important issue.
- Christopher Cabaldon
Legislator
We also heard the similar issue with Senator Blakesburg's Bill about a clear overreach in the Encinitas project. So it's clearly a problem. And I also understand the importance of the stages of input and negotiations about some of these hotel projects.
- Christopher Cabaldon
Legislator
But as it goes forward and as we keep working and we keep broadening this coalition around housing, I do think, you know, understanding how difficult it is in most smaller places in California to move any project at all forward, and the more restrictions we place on them or the more restrictions we place on builders, the less likely it is we're going to produce any housing at all.
- Steven Choi
Legislator
Thank you, Senator Caboldan. Anybody else? Okay. If not, unfortunately I won't be able to support this one because, you know, there has to be incentives for the developers for housing. I know this is housing in the mixed areas, mixed use development.
- Steven Choi
Legislator
So to justify, I think I need to say in the record, this new policy risks undermining the financial feasibility of mixed use developments by restricting non residential components which are often critical to making housing projects viable. I'm wary of measures that limit these elements as they they could decrease housing supply and hinder vibrant mixed use communities.
- Steven Choi
Legislator
Additionally, the retroactive application to SB330 projects already underway is concerning as it could disrupt and threaten ongoing mixed use developments.
- Steven Choi
Legislator
Always there has to be financial viability for and then also incentivizing developments and when there's 100% hotel project they will apply as 100% hotel project but in the mixed area to take advantage of the credits and for building adding additional dwelling units.
- Steven Choi
Legislator
So nothing to me nothing is better than something is better than nothing for allowing hotel spaces in the mixed use area. So for this reason I won't be able to support this one and motion has been made or do I need one?
- Steven Choi
Legislator
Okay, Senator Laird has made the motion and please, you have to close I guess before we can vote on well.
- María Elena Durazo
Legislator
Thank you all for your comments. I just want to say Senator, with your last remarks that there are many ways and many projects where hotels have produced both with a hotel and without a hotel.
- María Elena Durazo
Legislator
Developers have presented one or the other and you know, they didn't need in other words, they proved that they didn't need the streamlining in order to build the hotel and the residential. So I just, you know, we've had many examples of that and I don't know if Ty, you want to give another example of that?
- Ty Hudson
Person
Sure. Well, Senator Durazo mentioned a project here just a few blocks from here which is a multi phase project. It's I think underway.
- Ty Hudson
Person
Some of the phases have been built, others haven't where it was proposed with two versions, one with a hotel, one without, but with more housing units under, you know, SB838, the housing only piece of that could have moved in a streamlined way had the streamlining been in effect when it was proposed.
- Ty Hudson
Person
But and they could have moved the hotel portion separately in parallel or later if they decided later on that they wanted to do the hotel through the normal local process. There are other examples throughout the state from I have one in San Francisco, I have the one mentioned in Sacramento, one in downtown Oakland.
- Ty Hudson
Person
And these are just a few that I happen to know about And I think it's common for developers of mixed use projects to have multiple versions. So what those examples do is they show two things.
- Ty Hudson
Person
One is it's quite possible to do a streamlined, fully streamlined housing only version and then if you want to have the option just go through a regular approval process for the hotel. The second thing is that in many cases including the hotel meant less housing and Respectfully, I think that that would be the case.
- Ty Hudson
Person
You know, even if it's not a crowded urban area, there's only a. You know, a developer has a certain amount of land and a certain amount of buildable land. And either that square footage, that building intensity could be housing or it could be something else.
- María Elena Durazo
Legislator
So thank you with that. Thank you very much. Appreciate the time. I urge an aye vote.
- Steven Choi
Legislator
Okay, vote is five to one. Bill is out. Thank you. Thank you. I think this completes. Yeah, I think that covers entire agenda items. Now, sir Clerk, you can go over the bills on call.
- María Elena Durazo
Legislator
The vote is. The vote is 5-2. The Bill is out. That's it. Okay, it's in here somewhere. There we go. Okay, thank you to all my colleagues. And to our consultants and staff. Thank you. To everybody who participated in the public testimony today.
- María Elena Durazo
Legislator
If you were not able to testify, please submit your comments or suggestions in writing to the Senate Local Government Committee. Your comments and suggestions are important, and we want to include your testimony in the official hearing records. Thank you and we appreciate your participation. The Senate Committee on Local Government is adjourned.