TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
George Gabriel, Assistant to the City Manager
SUBJECT:Title
Consider Taking City Council Positions on a Variety of Pending Legislation in the State Legislature Regarding Homelessness, Public Safety and Housing (City Manager Moe).
(Estimated Time: 20 Min.)
AUTHORIZE
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council authorize staff to express the following positions on the legislation listed below:
• SB 43 (Eggman) Behavioral Health - SUPPORT;
• SB 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database - SUPPORT;
• AB 67 (Muratsuchi) Homeless Courts Pilot Program - SUPPORT;
• AB 1708 (Muratsuchi) Theft - SUPPORT;
• AB 23 (Muratsuchi) Theft: Shoplifting: Amount - SUPPORT;
• AB 1532 (Haney) Office Conversion Projects - OPPOSE;
• SB 423 (Wiener) Land use: Streamlined Housing Approvals: Multifamily Housing Developments - OPPOSE;
• SB 4 (Wiener) Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions - OPPOSE;
• AB 1490 (Lee) Affordable Housing Development Projects: Adaptive Reuse - OPPOSE; and
• ACA 10 (Haney) Fundamental Human Right to Housing - OPPOSE.
Body
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
The Manhattan Beach City Council periodically reviews bills, initiatives, or legislation pending in other governmental agencies. The purpose of this is to outline the position of the City Council on priority issues and matters that impact the City’s ability to operate effectively, promote City interests and protect local authority.
As such, staff has identified and received insight from the League of California Cities (i.e. League) as legislation that the City should be mindful of.
DISCUSSION:
The California State Legislature convened its 2023-2024 legislative session on December 5, 2022. Thus far in this session, the legislature has introduced 2,855 bills comprised of Assembly Bills (AB) and Senate Bills (SB). Of these bills, staff recommends the City Council consider taking positions on the following ten pieces of legislation regarding behavioral health/homelessness, public safety and housing/land use and local control.
Behavioral Health/Homelessness
1. Senate Bill 43 (Eggman) Behavioral Health.
Bill Summary: Would update California's 1967 conservatorship law by expanding the definition of "gravely disabled" to include conditions that result in a substantial risk of serious harm to an individual's physical or mental health. This includes the inability to seek medical care, adequate shelter, or self-protection and safety. Updating this definition better reflects the contemporary realities present in our communities, ensuring that individuals at risk of significant harm receive the help individuals may need. The League is supporting this bill.
2. Senate Bill 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database.
Bill Summary: Would establish a real-time, internet-based dashboard to collect, aggregate, and display information about available beds in psychiatric and substance abuse facilities. This information would help provide timely access to care and increase coordination between service settings. SB 363 would additionally require this database to include data related to the facility, including if a bed is available, the services provided, diagnoses, and the age range for which the bed is appropriate. The League is supporting this bill.
3. Assembly Bill 67 (Muratsuchi) Homeless Courts Pilot Program.
Bill Summary: Would create a pilot program for unhoused defendants to participate in diversion programs that would provide housing, mental health services, substance abuse treatment, and more. Would require applicant cities or counties seeking grant funds to provide a number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have specified charges dismissed upon completion of a program, provision of temporary, time-limited, or permanent housing during the duration of the program, and a dedicated representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. The League is supporting this bill.
Staff Analysis: The City continues to address homeless and look for solutions to address impediments that limit staff’s ability to require or provide assistance to homeless individuals in need. Should the legislation pass, staff would have additional resources and legal flexibility to assist homeless individuals who reject care. Staff recommends the City Council support the bills referenced above.
Public Safety
4. Assembly Bill 1708 (Muratsuchi): Theft
Bill Summary: Amends Proposition 47 by requiring a person convicted of theft of a vehicle or firearm, identity theft, or credit card fraud to be charged with a felony. Additionally, the bill authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program
for persons who commit a theft offense or repeat theft offenses, as specified.
For those committing theft or repeat theft offenses, a city or county prosecuting authority is authorized to create a diversion program for persons. The League supports and, in fact, is sponsoring this bill.
5. Assembly Bill 23 (Muratsuchi) Theft: shoplifting: amount
Bill Summary: Amends Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400. The bill would provide that it shall become effective only when submitted to, and approved by, the voters of California since Prop. 47 was initially passed by voters in 2014. The League is watching this bill and has not indicated support or opposition.
Staff Analysis: The City’s Police Department and other law enforcement agencies have expressed significant concerns associated with how changes in theft-related regulations have reduced consequences of theft crimes. As such, the City’s Police Department supports these bills to further deter criminals by increasing penalties associated with crimes contained in the bills. Staff recommends the City Council support the bills referenced above.
Housing/Land Use and Local Control
6. Assembly Bill 1532 (Haney) Office conversion projects
Bill Summary: AB 1532 makes the conversion of office buildings to residential units a streamlined ministerial approval, restricting cities and counties from requiring a conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a California Environmental Quality Act (CEQA) review. Additionally, this bill would exempt an office conversion project from impact fees, as defined, that are not directly related to the conversion of an office building into residential dwelling units. The bill would allow the proponent of an office conversion project to pay applicable impact fees over a 10-year period, subject to specified requirements. The League has indicated a position of “pending opposition” on this bill.
7. Senate Bill 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments
Bill Summary: SB 423 removes the sunset clause of January 1, 2026, included in an existing housing provision SB 35, which requires cities and counties to approve specified residential developments through a streamlined and ministerial process, restricting cities and counties from requiring a conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a CEQA review. Additionally, it applies SB 35 provisions to the Coastal Zone, allow the State to approve housing developments on property they own or lease and prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35. The League is opposing this bill.
8. Senate Bill 4 (Wiener): Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions
Bill Summary: SB 4 requires cities and counties to approve residential developments on property owned by a religious or higher-education institution through a streamlined and ministerial process, restricting cities and counties from requiring a conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a CEQA review. The League’s position on this bill is pending.
9. Assembly Bill 1490 (Lee): Affordable Housing Development Projects: Adaptive Reuse
Bill Summary: AB 1490 would require a local government to approve a development proposal for a multifamily housing development project that is an adaptive reuse project and that meets specified affordability and site requirements, including that 100% of the units be made available for lower income households, 50% of which shall be made available to very low income households, pursuant to a streamlined, ministerial review process. In summary, the bill requires all local entitlements and permits to be approved for a project that converts an existing building to a low-income housing development within 30 days from the date the application is submitted, waives all local building and permit fees, and preempts local minimum floor area ratio standards. The League is opposing this bill unless it is amended.
10. Assembly Constitutional Amendment 10 (Haney) Fundamental human right to housing.
Bill Summary: The California Constitution enumerates various personal rights, including the right to enjoy and defend life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. This measure would declare that the state recognizes the fundamental human right to adequate housing for everyone in California. ACA 10 states, “declare that the state recognizes the fundamental human right to adequate housing for everyone in California. The measure would make it the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right, by all appropriate means, as specified.” The League’s position on this bill is pending.
Staff Analysis: Staff continues to see the State legislature limit the local control of cities to address land use and housing regulations. When considering land-use regulations at the state level, it is important to examine the role that local governments play in the decision-making process. Certain locally reserved powers are derived from the California Constitution relating to the authority to regulate behavior to preserve the health, safety, and welfare of the public-including land-use authority. Specifically, the police power clause states that cities and counties are to “make and enforce within its limits, all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” (Cal. Const., art XI, § 7). Land-use and zoning laws are intended to be under the jurisdictional purview of cities and counties, and historically have been treated as such. While staff shares in the need to address housing in the State of California, state legislatures continue to infringe upon local control and if the state’s ability to bypass local regulations “by all appropriate means” (as suggested in ACA 10) prevails, the City may have limited regulatory tools in the future. As such, staff recommends the City Council oppose the bills referenced above.
CONCLUSION:
Staff recommends that the City Council authorize staff to express the following positions on the legislation listed below:
• SB 43 (Eggman) Behavioral Health - SUPPORT;
• SB 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database - SUPPORT;
• AB 67 (Muratsuchi) Homeless Courts Pilot Program. - SUPPORT;
• AB 1708 (Muratsuchi) Theft - SUPPORT;
• AB 23 (Muratsuchi) Theft: shoplifting: amount - SUPPORT;
• AB 1532 (Haney) Office conversion projects - OPPOSE;
• SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments - OPPOSE;
• SB 4 (Wiener) Planning and zoning: housing development: higher education institutions and religious institutions - OPPOSE;
• AB 1490 (Lee) Affordable housing development projects: adaptive reuse - OPPOSE; and
• ACA 10 (Haney) Fundamental human right to housing - OPPOSE.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. SB 43 (Eggman) Behavioral Health
2. SB 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database
3. AB 67 (Muratsuchi) Homeless Courts Pilot Program
4. AB 1708 (Muratsuchi) Theft
5. AB 23 (Muratsuchi) Theft: Shoplifting: Amount
6. AB 1532 (Haney) Office Conversion Projects
7. SB 423 (Wiener) Land use: Streamlined Housing Approvals: Multifamily Housing Developments
8. SB 4 (Wiener) Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions
9. AB 1490 (Lee) Affordable Housing Development Projects: Adaptive Reuse
10. ACA 10 (Haney) Fundamental Human Right to Housing