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 and Authorizing the City to Write Position Letters:
a) Opposing Senate Bill 897 which Revises ADU Regulations;
b) Opposing Senate Bill 6 which Would Create a New Process Allowing Residential Development on Certain Commercial and Industrial Sites;
c) Opposing Senate Bill 932 which Would Require Cities to Adopt Significant Bicycle, Pedestrian, and Traffic Calming Elements; and
d) Supporting Senate Bills 929, 970, 1154, 1238, 965, 1035, 1227 and 1416 (Behavior Health Legislation) which Seeks to Improve the Conservatorship Process while also Increasing Access to Statewide Data about the Behavioral Health Care System (City Manager Moe).
AUTHORIZE
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council authorize the Mayor to sign letters taking positions on behalf of the City Council on the following legislation:
a) Opposing Senate Bill 897 which revises ADU regulations;
b) Opposing Senate Bill 6 which would create a new process allowing residential development on certain commercial and industrial sites;
c) Opposing Senate Bill 932 which would require cities to adopt significant bicycle, pedestrian, and traffic calming elements; and
d) Supporting Senate Bills 929, 970, 1154, 1238, 965, 1035, 1227 and 1416 (behavior health legislation) which seeks to improve the conservatorship process while also increasing access to statewide data about the behavioral health care system.
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.
From time to time, staff identifies legislation that the City Council may want to indicate their position and join other cities that oppose or support certain pieces of legislation. All legislation the City Council has taken positions on is summarized on the City’s website here: <https://www.manhattanbeach.gov/government/city-council/legislative-positions>.
City Council has taken an interest in taking positions on legislation that addresses land use, zoning, housing issues, and homelessness. As such, at the June 1, 2021, meeting, City Council adopted Resolution No. 21-0046 to express support for local control and authority as it relates to land use, zoning, and housing issues such as the proposed Brand-Huang-Menodza Tripartisan Land Use Initiative. Thereafter, staff has sent letters opposing Assembly Bill 2011, Senate Bill 9, and Assembly Bill 215, which all limited local control on land use, zoning, housing issues.
As it relates to homelessness, the City Council approved a letter in support of the proposed framework for the Community Assistance, Recovery and Empowerment (CARE) Court Program at the April 5, 2022, City Council meeting. Given this support, staff sent a letter for Senate Bill 1338 which would implement and develop the framework for the Community Assistance, Recovery, and Empowerment (CARE) Court program.
DISCUSSION:
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.
Staff is seeking authorization to oppose the following bills.
Senate Bill 897
Authored by Senator Bob Wieckowski (D-10-Fremont), Senate Bill 897 increases the maximum height of an ADU that a local government must approve, from 16 feet to 25 feet, if the project is located on a parcel that has an existing residential property.
The Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. If SB 897 were to pass it would usurp local control by requiring cities to:
1. Allow ADUs to be constructed with a height of up to 18 feet (detached) or 25 feet (attached) near transit;
2. Allow existing ADUs constructed without permits (in violation of building codes and/or local zoning requirements) to be legalized; and
3. Prohibit cities from requiring the posting of notice/placard for demolition of a detached garage to be replaced by an ADU
Senate Bill 6
Authored by Senator Anna Caballero (D-12-Salinas), Senate Bill 6 would authorize specific housing developments in retail commercial or office zones and would preempt local land use authority by requiring local governments to approve housing developments, that meet certain conditions, through a streamlined, ministerial review process. If SB 6 were to pass, it would create a new process allowing residential development on certain commercial and industrial sites, including allowing qualifying projects to use the streamlined application procedures of Senate Bill 35. Thereby, this would again -- limit local control of housing and land use in the City.
Senate Bill 932
Authored by Senator Anthony J. Portiano (D-25-Pasadena), Senate Bill 932 would require cities to adopt significant bicycle, pedestrian, and traffic calming elements when they develop and revise their general plans. However, the revisions to those plans would make significant, unprecedented, and overly prescriptive changes to the requirements of the circulation element of local general plans; impose costly, unfunded mandates for physical changes to local transportation infrastructure; and expose local governments to significant legal liability.
Behavioral Healthcare Package (Senate Bills 929, 970, 1154, 1238, 965,1035, 1227 and 1416)
Authored by Senator Susan Eggman (D-5-Stockton), these various bills attempt to modernize California's behavioral health continuum, specifically to address mental illness within the State’s homeless population. Below are summaries of each bill within the package which may improve the conservatorship process while also increasing access to statewide data about the behavioral health care system.
• SB 929: This measure would increase the amount of data reported to the Legislature by the Department of Health Care Services regarding the various holds provided under the Lanterman-Petris-Short Act. Data would include outcomes for individuals placed on each type of hold, services provided to individuals, waiting periods prior to receiving care, and current and future needs for treatment beds and services.
• SB 965: This measure would allow courts to consider relevant history and testimony from medical experts during a conservatorship proceeding with the goal of providing a complete and accurate picture of an individual's behavioral health needs.
• SB 970: This measure requires the California Health and Human Services Agency to establish the California Mental Health Services Act (MHSA) Outcomes and Accountability Review with a dedicated workgroup tasked with assisting county mental health programs in improving MHSA funded programs. The workgroup would focus on service outcomes, increasing transparency and accountability, and frequent progress reports to improve service delivery.
• SB 1035: This measure would allow the court to conduct status hearings with a person subject to an assisted outpatient treatment order to evaluate progress and medication adherence.
• SB 1154: This measure would require the California Department of Public Health, by January 1, 2024, to develop a real-time, internet-based database to collect, aggregate, and display information about available beds to treat those experiencing mental health or substance use disorders.
• SB 1227: This measure would permit a second intensive treatment period under the Lanterman-Petris-Short Act for a person who is still in need of intensive services, according to their mental health care provider. This period is intended to reduce the need for conservatorships if the patient is expected to stabilize within 30 days.
• SB 1238: This measure would require the Department of Health Care Services, beginning January 1, 2024, and at least every five years thereafter, to conduct a review of and prepare a report regarding current and projected behavioral health care infrastructure and service needs in each region of the state including barriers to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum.
• SB 1416: This measure would modernize the definition of "gravely disabled" within the Lanterman-Petris-Short Act to include a condition in which a person, as a result of a mental health disorder, is unable to provide for the basic needs of personal or medical care or self-protection and safety.
CONCLUSION:
Staff recommends that the City Council authorize staff and the Mayor to draft and sign letters taking positions on behalf of the City Council on the following legislation:
a) Opposing Senate Bill 897 which revises ADU regulations;
b) Opposing Senate Bill 6 which would create a new process allowing residential development on certain commercial and industrial sites;
c) Opposing Senate Bill 932 which would require cities to adopt significant bicycle, pedestrian, and traffic calming elements; and
d) Supporting Senate Bills 929, 970, 1154, 1238, 965, 1035, 1227 and 1416 (behavior health legislation) which seeks to improve the conservatorship process while also increasing access to statewide data about the behavioral health care system.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Senate Bill 897
2. Senate Bill 6
3. Senate Bill 932
4. Behavioral Healthcare Package Legislation (Senate Bills 929, 970, 1154, 1238, 965, 1035, 1227 and 1416)