The URL can be used to link to this page

Home My WebLink About _ 4.1(b)--Letter of Opposition for Senate Bill 1037 and Assembly Bill 1886 � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: May 21,2024 FROM: Jason Gibilisco, Management ITEIVI NO. 4.1(b) Assistant to the City M�anager ***APPROVED BY*** � 1as�..� .. �� ,.�u �n��c�ra�..:d. ,.avlantt�JtE��;�'�ty�1a�:�q�ur......... 5�1;fi�W".d)W� �:�` Ip�ti'I,�.�I �: �.�`2 L., ...... ... ..... �f��,'�{}�.. , jgibilisco@cityofredding.org btippin@cityofredding.org SUBJECT: 4.1(b)--Letter of Opposition for Senate Bill 1037 and Assembly Bill 1886 Recommendation Authorize the Mayor to send a letter of opposi�ion to legislators for Senate Bill 103'7 and Assembly Bill 1886. SB 103� would subject cities, acting in good faith, to be fined for violation of housing laws without opportunity to correct. AB 1886 encourages a "builder's remedy" allowing projects to be built that do not adhere to local zoning standards. Fiscal Impact There is no direct fiscal impact on the General Fund as a result af sending the attached letters. Alternative Action The City Council could decline to authorize the Mayor to send the letters and provide direction to staff. Backg�ound/AnaZysis California Senator Scott Wiener is proposing Senate Bill 1037 — Planning and zoning: housing element: enforcement. This proposal would allow the Attorney General to take legal action against a city and seek fines of up to �50,000 a month for violating unspecified state housing laws. Cities can be potentially fined for acting in a good faith effort to comply with housing laws such as adopting its housing element that substantially complies with the law. The proposal does not provide an opportunity for cities to correct an honest mistake. California Assembly member David Alvarez is proposing Assembly Bill 1886 - Housing Element Law—substantial compliance: Housing Accountability Act. Report to Redding City Council May 15,2024 Re: 4.1(b)--Letter of Opposition for Senate Bi111037 and Assembly Bi112886 Page 2 This proposal subjects' cities to builder's remedy projects unless the California Department of Housing and Community Development or a court, determines that the cities housing element substantially complies with the law. This allows a developer to construct a project that is inconsistent with both the city's general plan and zoning standards, except for sites that are identified for very low, low, or moderate-income housing. This would mean that sites that have never been considered for housing could be subject to allow housing. This would also eliminate the cities ability to "self-certify" its housing element. Environmental Review This is not a project as defined under the California Environmental Quality Act, and therefore no further action is required. Council Prior�ity/City ManageN Goals • Government of the 21St Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." Attachments ^Letter of Opposition AB 1886 (Alvarez) Housing Element Law ^Letter of Opposition SB 1037 (Wiener) Planning and Zoning Enforcement +� I T Y �- �ITY �� dC�l1�1� � =- ---� �77 Cypress Avenu�, Reddir��, CA �60(�1 "� -' PCJ �C�X 4��{��1, F��dcl�nc�, CA ��04J-�071 C L ( � � ��" ei�yofre�dir�g.c+rc� . ,,`�� W�WIWIW�WN4IVVII�Y Tenessa Audette,Mayor taudette@cityofredding.org 530.225.4447 May 21, 2024 The Honorable Juan Carrillo, Chair Assembly Local Government Committee 1020 N Street, Room 157 Sacramento, CA 95814 RE: AB 1886 (Alvarez)Housin�Element Law: Substantial Compliance Notice of Opposition Dear Chair Carrillo, The City of Redding must oppose measure AB 1886 (Alvarez),because it turns its back to a fundamental provision of housing element law. A city may disagree with the California Departinent of Housing and Community Development (HCD); explain why its housing element is in substantial compliance with the law; and then adopt that housing element which is thereafter considered "in substantial compliance with housing element law." For decades, cities have worked with HCD to draft housing plans that accommodate their fair share of housing at all income levels. These extensive and complex plans can take years to develop, include public involvement and engagement, along with environmental review. Cities go to great lengths to ensure that their housing element substantially complies with the law, even if I�CD disagrees. Current law acknowledges this fact by allowing cities to "self-certify" their housing element or take the issue to court and have a judge make the final determination of substantial compliance. AB 1886 encourages "builder's remedy" projects by eliminating self-certification for the purpose of what it means to have a housing element "in substantial compliance with the law." The "builder's remedy" allows a developer to choose any site other than a site that is identified for very low-, low-, or moderate- income housing, and construct a project that is inconsistent with both the city's general plan and zoning. AB 1$$6 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence. State housing laws are numerous and some are incredibly complex. Many local agencies may lack staff/ expertise to implement per the letter of the law, even though agencies are acting in good faith to do so. The certification process for Housing Elements is similarly complex and the back and forth between a local jurisdiction and HCD staff could result in an inadvertent failure to adopt the Housing Element within the time allotted by law, even though agencies are acting in good faith to do so. Notice of Opposition—AB 1886(Alvarez)Housing Element Law: Substantial Compliance May 21, 2024 City of Redding Page 2 of 2 Guidance from HCD has long indicated that the Regional Housing N�eeds A1location P1an is not a housing production mandate but is instead an allocation to be used to guide local jurisdictions in providing adequate housing sites and plans for housing for all segments of the community. However, subsequent legislation has indeed treated the Regional Housing Needs Allocation as a mandate for production by requiring that the"builder's remedy"be used in cases where the number of units indicated in the Regional Housing Needs Allocation Plan have not been constructed. This ignores the disconnect between community growth rates and needs within communities and the typica]ly suspect a]locations of HCD. The City of Redding believes that AB 1886 is counterproductive. What is really needed is for HCD to partner with cities to provide meaningful direction that helps them finalize their housing elements and put those plans to work so that much needed housing construction can occur. For these reasons, the City of Redding must oppose AB 1886 (Alvarez). Sincerely, Tenessa Audette City of Redding 1Vlayor cc: The Honorable David A. Alvarez Members, Assembly Committee on Local Government Linda Rios, Seniar Consultant,Assembly Committee on Local Government William Weber, Assembly Republican Caucus The Honorable Brian Dahle The Honorable Megan Dahle Charles Anderson, Regional Public Affairs Manager(via email) League of California Cities, cityletters@calcities.arg C 1 T Y �ITY F �D�I t� . -..�, 777 C�pr�ss ��r�nu�, R�ddir��, CA 96�C�1 .- � PC� �C��C 4�6C�71, Rede�inc�, CA 9�C34�-F�071 � A L. I F l � "' �ity�fr�ddir��.org r�� Tenessa Audette,Mayor taudette@cityofredding.org 530.225.4447 May 21, 2024 The Honorable Brian Dahle Member, California State Senate 1021 O St., Ste. Room 7230 Sacralnento, CA 95814 RE: SB 1037 (Wiener) Plannin� and Zonin�: Housin�Element: Enforcement Notice of Opposition Dear Senator Dahle, The City of Redding must oppose measure SB 1037 (Wiener), which would a11ow the State of California Attorney General to take legal action against a city and seek fines up to $50,000 a month for failure to adopt a compliant housing element or if the city does not follow state laws that require ministerial approval of certain housing projects. Under existing law cities can be subject to significant fines and penalties for violating certain housing laws. However, before fines are imposed, a city has the ability to correct the action. Additionally, enhanced fines are not imposed unless the city fails to follow a court's order or acts in bad faith. Unfortunately, as currently drafted, SB 1037 does not provide an opportunity for cities to correct an honest mistake or address a genuine difference in how the law is interpreted. Even those jurisdictions acting in good faith could be subject to significant fines and be required to pay the Attorney General for all costs investigating and prosecuting the action, including expert witness fees and attorney's fees. State housing laws are numerous and some are incredibly complex. Many local agencies may lack staff/expertise to implement per the letter of the law,even though agencies are acting in good faith to do so. The certification process for Housing Elements is similarly complex and the back and forth between a local jurisdiction and HCD staff could result in an inadvertent failure to adopt the Element within the time allotted by law, even though agencies are acting in good faith to do so. Notice of Opposition—SB 103�(Wiener)Planning and Zoning:Housing Element:Enforcement May 21, 2024 City o f Redding Page 2 of 2 If there are specific jurisdictions that are being bad actors, design legislation directed at them, not "catch all" legislation that can negatively impact communities like Redding that have proactive housing policies. Instead of creating new fines and penalties, lawmakers and the Department of Housing and Community Development should provide cities with clear guidance and technical assistance to help them finalize their housing elements and put those plans to work so much-needed housing construction can occur. For these reasons, the City of Redding must oppose SB 1037. Sincerely, Tenessa Audette City of Redding Mayor cc: The Honorable Scott Wiener Charles Anderson, Regional Public Affairs Manager(via email) League of California Cities, cityletters@calcities.org