Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the Legislative Policy Committee, are invited fill out and submit to the City Clerk or Deputy City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to the Legislative Policy Committee regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.
LEGISLATIVE POLICY COMMITTEE
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
MARCH 28, 2023
OPEN SESSION – 1:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa and Mayor Pro Tem Karen C. Comstock.
PUBLIC COMMENTS
This is the time and place for the general public to address the Legislative Policy Committee about subjects that do not appear elsewhere on the agenda. Due to Brown Act requirements, action will not be taken on any issues not on the Agenda.
NEW BUSINESS
1. Review of Bills Currently Tracked by the City of Chino. Receive a report of bills currently being tracked by the City of Chino, and provide direction on official City stances to be recommended to the City Council at the April 4, 2023 Regular City Council Meeting.
Report by: Jack Morgan, Assistant to the City Manager and Jason Gonsalves, Joe A. Gonsalves and Son.
RECOMMENDATION: 1) Receive a report of tracked legislation and discuss official City positions to be recommended to the City Council at the April 4, 2023 Regular City Council Meeting.
Note: Additional Letters Added to the Agenda starting at page 27 at 8:30 a.m. on March 28
LEGISLATIVE POLICY COMMITTEE
MARCH 28, 2023 2
ADJOURN
The next Meeting of the Legislative Policy Committee will be held as needed in these Council Chambers with at least 72 hours’ notice per the requirements of the Ralph M. Brown Act.
I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, March 23, 2023, this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
LEGISLATIVE POLICY COMMITTEE MEETING DATE: MARCH 28, 2023 TO: EUNICE M. ULLOA, MAYOR AND KAREN C. COMSTOCK, MAYOR PRO TEM FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER
SUBJECT: REVIEW OF TRACKED LEGISLATION AND PROVIDE DIRECTION TO STAFF.
RECOMMENDATION
1) Receive a report on tracked legislation and discuss official City positions to be recommended to the City Council at the April 4, 2023 Regular City Council Meeting.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships LEGISLATIVE POLICY COMMITTEE MEETING DATE: MARCH 28, 2023 SUBJECT: REVIEW OF TRACKED LEGISLATION AND PROVIDE DIRECTION TO STAFF PAGE 2
BACKGROUND
On February 22, 2023, the Legislative Policy Committee (“LPC”) reviewed legislation consequential to the City of Chino. In general, those pieces of legislation focused on matters relating to public safety and housing. In addition, the City has been tracking pieces of legislation authored by Assembly Member Freddie Rodriguez that were also discussed at the February 22, 2023 meeting.
ISSUES/ANALYSIS
By the March 28, 2023 LPC meeting, many tracked pieces of legislation will have already gone through committee hearings, or in some cases, will occur on the date of the March 28 LPC meeting. To ensure the LPC can begin contacting legislators and make the City’s positions known, it is recommended that the LPC forward official City stances to the City Council on April 4, 2023 for approval.
Positions for Discussion:
In applying the guiding principles from the City’s Legislative Platform, below are proposed stances for the LPC’s consideration. It also is recommended that the City take a support position on Assembly Member Rodriguez’ bills as detailed in Exhibit A.
Bill Number Title Positions for Discussion
*AB 335 Retail Theft Support
SB 316 Shoplifting: Increased
Penalties for prior crimes
Support
SB 4 Planning and zoning: housing
development: higher
education institutions and
religious institutions
Oppose
SB 423 Land use: streamlined
housing approvals: multifamily
housing developments:
Oppose
AB 257 Encampments: penalties Support if amended
AB 367 Controlled Substances:
Enhancements
Support
AB 797 Local Government: Police
Boards
Oppose
SB 31 Encampments: Sensitive
Areas: Penalties
Support
SB 55 Vehicles: Catalytic Converters Support
SB 229 Surplus Land: Disposal of
Property: Violations: Public
Meeting
Watch
LEGISLATIVE POLICY COMMITTEE MEETING DATE: MARCH 28, 2023 SUBJECT: REVIEW OF TRACKED LEGISLATION AND PROVIDE DIRECTION TO STAFF PAGE 3
SB 240 Surplus State Real Property Watch
SB 536 Surplus State Real Property:
Heman G. Stark Youth
Correctional Facility
Support
*This bill was amended entirely from the last LPC meeting.
State Senator Rubio Bills for the LPC’s Consideration:
Beyond SB 536, the LPC may want to consider taking a support position on State Senator Rubio’s bills that seek to protect victims’ rights and provide opportunities to meet affordable housing requirements. Provided below is a summary of some of those bills.
Bill Number Summary Change to Law
SB 20 Would authorize two or more cities to enter
into a joint powers agreement to create a
regional housing trust. The proposed bill
provides a governing structure of nine
members (seven elected members of the
respective city councils and two experts in
homeless and housing policies)
SB 459 Would clarify that a protective order may be
modified by the court throughout the duration
of a protective order restraining if the court is
convinced the modification is in the best
interest of the victim.
SB 690 Would authorize prosecution to commence
within 15 years of the infliction of corporal
injury, resulting in a traumatic condition,
including, upon an offender’s spouse or former
spouse.
Other pieces of legislation the LPC may want to consider:
Since the last LPC meeting, other pieces of legislation have come to the City’s attention through regional meetings or from neighboring agencies. Provided below is a summary of those pieces of legislation. Staff is requesting direction from the LPC if a formal position should be recommended to the City Council at the April 4, 2023 meeting:
Bill Number Author Summary Change to Law
AB 6 Assembly Member
Friedman
Creates standards and timeframes for
metropolitan planning organizations so they can
submit strategies that aim to reduce greenhouse
gas emissions to the State Air Resources Board.
Projects seeking funding from regional
transportation planning agencies must
LEGISLATIVE POLICY COMMITTEE MEETING DATE: MARCH 28, 2023 SUBJECT: REVIEW OF TRACKED LEGISLATION AND PROVIDE DIRECTION TO STAFF PAGE 4
demonstrate how the project will contribute to
reducing greenhouse gas emissions.
AB 7 Assembly Member
Friedman
After January 1, 2025, transportation projects
that rely on dedicated revenue sources, including
SB 1 (Road Maintenance and Rehabilitation
Account) must meet specific principles including:
promoting and improving safety of all road users,
reconnecting communities, and “future-proofing”
projects (e.g., accommodating electric vehicles).
AB 1000 Assembly Member Reyes Please see attached letter (Exhibit B) received from the City of Ontario on anticipated
amendments.
AB 1708 Assembly Member
Muratsuchi
Amends portions of Proposition 47, including the
definition of shoplifting to specifically exclude
theft of firearms, vehicles, or identify. The bill
would require a person convicted of
shoplifting, with two or more prior convictions of
theft related offenses, to be imprisoned in county
jail for one year (may be extend to three years).
This bill requires Statewide voter approval.
Attachments: Exhibit A – Detailed Summary of Legislation Discussed at February 22 Meeting Exhibit B – Ontario Letter
Exhibit C – Draft Letters
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
Assembly
Bill (AB) |
Senate
Bill (SB)
Number
Author Title and Proposed Change to Law Committee and
Hearing Date
AB 40 Assembly
Member
Rodriguez
Emergency medical services:
Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, creates the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, existing law requires the authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. Existing law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor.
This bill would require the authority to develop an electronic signature for use between the emergency department medical personnel at a receiving facility and the transporting emergency medical personnel that captures the points in time when the hospital receives notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require the authority to develop a statewide standard of 20 minutes, 90% of the time, for ambulance patient offload time. The bill would also require the authority to develop an audit tool to improve data accuracy regarding transfer of care, as specified, and to provide technical assistance and funding as needed, subject to an appropriation, for small rural hospitals and volunteer EMS providers to implement these provisions. The bill would require the authority to adopt emergency regulations to implement these provisions on or before March 1, 2024.
The bill would require the authority, on or before March 1, 2024, to establish a working group of various stakeholders to review, update, and publish a toolkit to reduce patient offload delays in the emergency department.
The bill would require a general acute care hospital with an emergency department to develop, in consultation with its emergency department staff, an ambulance patient offload time reduction protocol by June 1, 2024, that addresses specified factors, including, among other things, mechanisms to improve hospital operations to reduce ambulance patient offload time. The bill would require the hospital to file its protocol with the authority and to report annually any revisions to its protocol. The bill would require the authority, on or after March 1, 2024, to monitor monthly ambulance patient offload time data for each facility. The bill would require the authority to, among other things, report ambulance patient offload time exceedance to the relevant local EMS agency and the Commission on Emergency Medical Services if, on or after July 1, 2024, the general acute care hospital with an emergency department has an ambulance patient offload time that exceeds the statewide standard of 20 minutes, 90% of the time.
The bill would additionally require local EMS agencies to create, in collaboration with local hospitals, a joint plan to respond to surges in demand for medical services and to submit the joint plans to the authority on or before March 1, 2024.
Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a statemandated local program.
Existing law, the Warren-911-Emergency Assistance Act, requires each local public agency within its respective jurisdiction to establish a basic system that automatically connects a person dialing 911 to an established public safety answering point through normal telephone service facilities.
Assembly Emergency
Management /
Hearing Date is March
27, 2023.
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
This bill would require the Emergency Services Medical Authority, on or before March 1, 2024, to develop a public education campaign related to the use of the 911 service and other tools for access to care.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
AB 55 Assembly
Member
Rodriguez
Emergency Medical Services:
(1) Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including emergency medical transportation services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires, with exceptions, that the reimbursement to emergency medical transport providers for emergency medical transports, as defined, be increased by application of an add-on to the associated Medi-Cal fee-for-service payment schedule. Existing law requires that the add-on increase be calculated on or before June 15, 2018, and remain the same for later state fiscal years, to the extent the department determines federal financial participation is available and is not otherwise jeopardized. Under existing law, the resulting fee-for-service payment schedule amounts are equal to the sum of the MediCal fee-for-service payment schedule amount for the 2015–16 state fiscal year and the add-on increase.
This bill would set the Medi-Cal fee-for-service reimbursement rate for emergency medical transports at $350 per transport. Under the bill, the resulting fee-for-service payment schedule amounts would instead be equal to the sum of the Medi-Cal fee-for-service payment schedule amount, based on the $350 rate, and the add-on increase. Under existing law, the increased payments under the add-on provisions are funded solely from a quality assurance fee (QAF), which emergency medical transport providers are required to pay based on a specified formula, and from federal reimbursement and any other related federal funds.
This bill would specify that the $350 reimbursement rate would not affect the calculation of the QAF rate, and that the calculation of the QAF rate would be based on the methodology and reimbursement rate in effect as of January 1, 2023.
Existing law authorizes the Director of Health Care Services to modify or make adjustments to any methodology or fee amount under these provisions to the extent necessary to meet federal requirements or to obtain federal approval.
If a modification or adjustment is needed to meet federal requirements or to obtain federal approval, this bill would require the director to recalculate and reduce the add-on amount as necessary, and would prohibit the director from reducing the $350 reimbursement rate. (2) Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (act), establishes the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services (EMS). The act authorizes a county to develop an EMS program by designating a local EMS agency. The act requires the medical director of a local EMS agency to issue a certificate to, or recertify, an individual as an Emergency Medical Technician-I (EMT-I) or Emergency Medical Technician-II (EMT-II), upon proof that the individual has met specified training and other requirements. The act sets forth various provisions relating to public or private EMS providers that employ an EMT-I, EMT-II, or other EMS personnel. Existing law makes a violation of the act a misdemeanor.
This bill would, for the compensation of an EMT-I or EMT-II employed by an EMS provider, as defined, require the EMS provider to set the compensation in an amount that is no lower than the prevailing wage for an EMT-I or EMT-II, respectively, within the corresponding EMS area, defined as the geographical area within the jurisdiction of the designated local EMS agency. The bill would define “prevailing wage” as Assembly Committee
on Health / No
Hearing Date
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve. the basic hourly rate of wages and benefits paid to a majority of EMT-I, or EMT-II, as applicable, employed within an EMS area of a local EMS agency.
The bill would require each local EMS agency to determine the prevailing wage of an EMT-I or EMT-II within the agency’s EMS area, and to annually update its calculation, pursuant to guidance on the methodology and formula that the authority would be required to develop for these purposes.
By creating new duties for public EMS providers, and by expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
AB 97 Assembly
Member
Rodriguez
Firearms: unserialized firearms:
Existing law requires a person that is manufacturing a firearm or assembling a firearm from unserialized components, to apply to the Department of Justice for a unique mark of identification and to affix that mark to the firearm, as specified. Existing law prohibits a person, corporation, or firm from knowingly manufacturing or assembling, or to knowingly cause, allow, facilitate, aid, or abet the manufacture or assembling of, a firearm that is not imprinted with a valid state or federal serial number or mark of identification. Under existing law, a person who knowingly possesses a firearm that does not have a valid state or federal serial number or mark of identification is guilty of a misdemeanor.
This bill would, until January 1, 2033, require the Department of Justice to collect and report specified information, including, among other things, the number of arrests pursuant to the provisions mentioned above. The bill would require the department to issue a report to the Legislature, as specified, on or before January 1, 2025, and annually thereafter, that includes the data collected.
Existing federal law requires a commercially produced firearm to be etched or otherwise inscribed by the manufacturer with a unique serial number. Existing state law prohibits the alteration, removal, or obliteration of that serial number. A violation of this prohibition is punishable as a felony. Existing law also prohibits the transfer or possession of a firearm with a serial number that has been altered, removed, or obliterated. A violation of this prohibition is punishable as a misdemeanor.
Existing law requires a person, other than a licensed manufacturer, who assembles or manufactures a firearm, or any person who possesses an unserialized firearm, to obtain a unique serial number from the Department of Justice and to inscribe that serial number on the firearm, as specified. A violation of this requirement is punishable as a misdemeanor.
This bill would make the possession of an unserialized firearm or possession of a firearm with an altered, removed, or obliterated serial number punishable as a felony. By increasing the punishment for these crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Assembly
Appropriations
Committee / No
Hearing Date
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
AB 250 Assembly
Member
Rodriguez
State Route 83: reduction:
Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases. Existing law designates State Route 83 from Route 71 to Route 10 near the City of Upland. Existing law authorizes the commission to relinquish to the City of Ontario all or a portion of State Route 83 within the city’s jurisdiction and prescribes conditions that apply upon relinquishment.
This bill would authorize the commission to additionally relinquish to the City of Chino all or a portion of State Route 83 within the city’s jurisdiction and prescribe conditions that apply upon relinquishment.
Assembly
Appropriations
Committee / No
Hearing Date
(Consent Calendar)
AB 474 Assembly
Member
Rodriguez,
(Coauthor:
Assembly
Member
Waldron)
State Threat Assessment Center: transnational criminal organizations:
Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or human-caused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.
This bill would find and declare that the State Threat Assessment Center (STAC) serves as California’s information-sharing clearinghouse of strategic threat analysis and situational awareness reporting for statewide leadership and the public safety community, as specified, and that the STAC is California’s state primary fusion center, as designated by the Governor, and is operated by the Department of the California Highway Patrol, the Office of Emergency Services, and the Department of Justice. The bill would make other findings and declarations related to drug trafficking and transnational criminal organizations. The bill would require the STAC and the Office of Emergency Services to prioritize, to the greatest extent possible, cooperation with state and local efforts to illuminate, disrupt, degrade, and dismantle criminal networks trafficking opioid drugs that pose a threat to California. The bill would require the STAC to support state and local interagency task forces to combat illegal opioid trafficking in California, as specified, including preparing and disseminating intelligence products for public safety entities.
Assembly Public
Safety Committee / No
Hearing Date
(Consent Calendar)
AB 1505 Assembly
Member
Rodriguez,
(Coauthors:
Assembly
Members Juan
Carrillo, Holden,
Schiavo, and
Wood)
Seismic retrofitting: soft story multifamily housing:
Existing law establishes the California Earthquake Authority, administered under the authority of the Insurance Commissioner and governed by a 3-member board, to transact insurance in this state as necessary to sell policies of basic residential earthquake insurance. Under existing law, the California Residential Mitigation Program, also known as the CRMP, is a joint powers authority created in 2012 by agreement between the California Earthquake Authority and the Office of Emergency Services. Existing law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Existing law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Existing law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Existing law requires the CRMP to develop and administer the program, as specified. Existing law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. This bill would, instead, appropriate $250,000,000 from the General Fund to the CRMP for the purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing. This bill would declare that it is to take effect immediately as an urgency statute.
Assembly Emergency
Management
Committee / No
Hearing Date
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
AB 1303 Assembly
Member
Rodriguez
California Emergency Services Act: disaster preparedness:
Existing law, the California Emergency Services Act, establishes the Office of Emergency Services, which is responsible for the state’s emergency and disaster response services for natural, technological, or human-induced disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters on people and property.
Under existing law, the Office of Emergency Services, in coordination with all interested state agencies with designated response roles in the state emergency plan and interested local emergency management agencies, is required to jointly establish by regulation a standardized emergency management system for use by all emergency response agencies.
This bill would require the California State Warning Center, within the Office of Emergency Services, to develop a process for private-sector fuel transporters to voluntarily share information, as specified, for the purpose of providing fuel to local and state public-safety agencies actively involved in responding to or recovering from a disaster.
Assembly Emergency
Management
Committee / No
Hearing Date
AB 335 Assembly
Member Alanis
(Coauthor
Senator
Alvarado-Gil)
Proposition 47: repeal: Retail Theft
Existing law, until January 1, 2026, makes it a misdemeanor to commit organized retail theft. Existing law defines organized retail theft to include, among other acts, acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. Under existing law, acts of organized retail theft that are committed on 2 or more separate occasions within a 12-month period and that have an aggregate value that exceeds $950 are punishable as a misdemeanor or a felony.
This bill would require the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy to submit a report to the Legislature describing the reported retail thefts, as specified. This bill would also require state and local law enforcement to collect and provide data on retail theft to the commission, as specified. This bill would require the commission to issue its report to the Legislature no later than January 1, 2026. By imposing new duties on local entities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, made various changes relating to theft and the possession of controlled substances, including by, among other things, generally reducing the penalty for those crimes, including reducing the penalty for possession of concentrated cannabis, establishing a procedure by which individuals convicted of those crimes prior to the passage of the act may petition for resentencing under the act, and creating the crime of shoplifting. The act also requires the Director of Finance to calculate the savings accruing to the state as a result of the implementation of the act and requires the Controller to transfer that sum from the General Fund to the Safe Neighborhoods and Schools Fund, which was created by the act. The act specifies the manner of distribution of those funds and the purposes for which they may be used.
Assembly
Appropriations
Committee / No
Hearing Date
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
This bill would repeal the changes and additions made by Proposition 47, except those related to reducing the penalty for possession of concentrated cannabis. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election SB 316 State Senators
Niello and
Ochoa Bogh,
(Coauthors:
Senators Jones,
Nguyen,
Seyarto, and
Wilk)
Shoplifting: increased penalties for prior crimes:
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors in the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor. Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months or 2 or 3 years. This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or sexual prior offenses applicable to a person whose prior or current conviction is for shoplifting. This bill would require the Secretary of State to place the provisions of the bill that amend the initiative statute on the ballot for the November 5, 2024, statewide general election.
Senate Public Safety
Committee / Hearing
Date is March 28,
2023
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
SB 4 State Senator
Wiener,
(Principal
coauthors:
Assembly
Members
McKinnor and
Wicks),
(Coauthors:
Senators
Becker, Cortese,
Eggman,
Gonzalez,
Menjivar, and
Skinner),
(Coauthors:
Assembly
Members
Alvarez,
Friedman,
Gabriel, QuirkSilva, and Ward)
Planning and zoning: housing development: higher education institutions and religious institutions:
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards.
Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Existing law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits.
This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate-income households, provided that all of the units and 5% of the units may be for staff of the independent institution of higher education or the religions institution that owns the land, provided that the units affordable to lower income households are provided offered at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified.
This bill would specify that a housing development project that is eligible for approval as a use by right under the bill is also eligible for a density bonus or other incentives or concessions, except as specified. The bill would require a development subject to these provisions to provide offstreet parking of up to one space per unit, unless a local ordinance provides for a lower standard of parking, in which case the ordinance applies. The bill would prohibit a local government from imposing any parking requirement on a development subject to these provisions if the development is located within one-half mile walking distance of public transit, either a high-quality transit corridor or a major transit stop, as those terms are defined, and or it is within one block of a car share vehicle.
This bill would require a local government that determines a proposed development is in conflict with any objective planning standards, as specified, to provide the developer with written documentation explaining those conflicts under a specified timeframe. The bill would require a local government to approve a development provide that the development shall be deemed to satisfy the required objective planning standards if the local government fails to provide the requisite documentation explaining any conflicts. The bill would authorize a local government to conduct a design review, as described, only if the design review focuses on compliance with the requisite criteria of a streamlined, ministerial review process. The bill would prohibit a local government from using a design review, as specified, from inhibiting, chilling, or precluding a streamlined, ministerial approval. The bill would require a local government to issue a subsequent permit for developments approved under the provisions of this act.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Governance & Finance
Committee / Hearing
Occurred on March
21, 2023 in Housing
Committee
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects.
This bill, by requiring approval of certain development projects as a use by right, would expand the exemption for ministerial approval of projects under CEQA.
By adding to the duties of local planning officials with respect to approving certain development projects, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
SB 423 State Senator
Wiener,
(Principal
coauthor:
Assembly
Member Wicks),
(Coauthor:
Assembly
Member
Grayson)
Land use: streamlined housing approvals: multifamily housing developments:
Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Existing law repeals these provisions on January 1, 2026.This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state. The bill would delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely. This bill would modify the above-described objective planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone, and by providing an alternative definition for “affordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objective planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a development proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work. This bill would define “objective planning standards” to exclude specified standards, including local building codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.
Existing law requires a local government to approve a development if the local government determines the development is consistent with the objective planning standards. Existing law requires, if the local government determines a submitted development is in conflict with any of the objective planning standards, the local government to provide the development proponent written documentation of the standards the development conflicts with and an explanation for the conflict within certain timelines depending on the size of the development. Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes specified written findings.
This bill would instead require approval if a local government’s planning director or any equivalent local government staff, including all relevant planning and permitting departments, determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would prohibit a local government from requiring a development proponent to provide consultant studies, as described, or other studies or materials that are unnecessary to ascertain consistency with the objective planning standards. The bill would, for purposes of these provisions, establish that the total number of units in a development includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.
Existing law authorizes the local government’s planning commission or any equivalent board or commission responsible for review and Governance &
Finance Committee /
Hearing Occurred
on March 21, 2023
in Housing
Committee
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve. approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.
This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.
By imposing additional duties on local officials, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
AB 257 Assembly
Member Hoover,
(Coauthors:
Assembly
Members Flora,
Gallagher, and
Sanchez)
Encampments: penalties:
Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.
This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property in any camping, as defined, in a street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library. playground, or youth center. The bill would make a violation of the prohibition an infraction or a misdemeanor. The bill would also make willfully resisting, delaying, or obstructing a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce the prohibition a misdemeanor. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program.
Existing law establishes procedures of diversion for specified defendants through which the court is authorized to grant pretrial diversion which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication. This bill would authorize a defendant who is being prosecuted for a misdemeanor for camping in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center to be eligible for a diversion program, including, but not limited to, the Diversion of Individuals with Mental Disorders and the Court Initiated Misdemeanor Diversion, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason Assembly Committee
on Public Safety /
Failed at March 7,
2023 hearing
(Reconsideration
Granted)
AB 367 Assembly
Member
Maienschein
Controlled substances: enhancements:
Existing law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified.
This bill would state that, for purposes of the enhancement, a person inflicts great bodily injury when they sell, furnish, administer, or give away a controlled substance and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Assembly Committee
on Public Safety /
Hearing Date is March
28, 2023
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
AB 797 Assembly
Member Weber
Local government: police review boards:
Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Existing law also requires each department or agency to keep and maintain records of complaints and investigations, as specified.
This bill would express the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers.
Has not been referred
to a committee / No
Hearing Date
SB 31 State Senator
Jones, (Principal
coauthor:
Senator Grove),
(Coauthors:
Senators Dahle,
Nguyen, Niello,
Ochoa Bogh,
Seyarto, and
Wilk)
Encampments: sensitive areas: penalties:
Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor.
Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.
Under existing law, a public nuisance is anything that is injurious to health, or is indecent or offensive to the senses, so as to interfere with the comfortable enjoyment of life or property by an entire community, neighborhood, or considerable number of persons. Existing law provides various remedies against a public nuisance, including abatement by any public body or officer authorized by law.
This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon any street, sidewalk, or other public right-of-way within 1000 feet of a sensitive area, as defined. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as provided. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill’s provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as provided. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Senate Public Safety
Committee / Hearing
Date is March 28,
2023
SB 55 State Senator
Umberg
Vehicles: catalytic converters:
Existing law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Existing law prohibits a core recycler from providing payment for a catalytic converter unless, among other requirements, the payment is made by check, as specified.
This bill, in addition to payment by check, would allow for payment by credit card or any other form of traceable payment other than cash.
Existing law licenses and regulates motor vehicle dealers and retailers. Existing law prohibits a motor vehicle dealer or retailer from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code.
This bill would prohibit a dealer or retailer from selling a new or used motor vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched permanently marked, as defined, with the vehicle identification number of the vehicle to which it is attached. A violation of this provision would be punishable as an infraction.
By creating a new infraction, this bill would impose a state-mandated local program.
Senate Transportation
Committee / Hearing
Date is April 11, 2023
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason SB 229 State Senator
Umberg
Surplus land: disposal of property: violations: public meeting:
Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property’s intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development.
Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought.
This bill would require a local agency that has received a notification of violation from the department to hold an open and public session to review and consider the substance of the notice of violation. The bill would require the local agency’s governing body to provide prescribed notice no later than 14 days before the public session. The bill would prohibit the local agency’s governing body from taking final action to ratify or approve the proposed disposal until a public session is held as required. By imposing new duties on local agencies, the bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason Senate Governance
and Finance
Committee / No
Hearing Date
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
SB 240 State Senator
Ochoa Bogh,
(Coauthors:
Senators Dahle,
Jones, and
Nguyen)
Surplus state real property:
Existing law authorizes the Department of General Services to dispose of surplus state real property, as defined, as authorized by the Legislature, upon any terms and conditions and subject to any reservations and exceptions the department deems to be in the best interests of the state. Existing law requires the department to first offer surplus state real property to a local agency, as defined, and then to nonprofit affordable housing sponsors, as defined, prior to being offered for sale to private entities or individuals. Existing law requires a local agency or nonprofit affordable housing sponsor to satisfy certain requirements to be considered as a potential priority buyer of the surplus state real property, including that the local agency or nonprofit affordable housing sponsor demonstrate, to the satisfaction of the department, that the surplus state real property, or portion of that surplus state real property, is to be used by the local agency or nonprofit affordable housing sponsor for open space, public parks, affordable housing projects, or development of local government-owned facilities. Existing law authorizes the department to sell surplus state real property, or a portion of surplus state real property, to a local agency, or to a nonprofit affordable housing sponsor if no local agency is interested in the surplus state real property, for affordable housing projects at a sales price less than fair market value if the department determines that such a discount will enable the provision of housing for persons and families of low or moderate income. Existing law also authorizes the Director of General Services to transfer surplus state real property to a local agency for less than fair market value if the agency uses the surplus state real property for parks or open-space purposes.
This bill would remove authorization for additionally authorize a local agency or nonprofit affordable housing sponsor to be considered as a potential priority buyer of surplus state real property upon demonstration that the property is to be used by the agency or sponsor for open space or a public park. The bill would, where surplus state real property that is to be used by the local agency or nonprofit affordable housing sponsor for affordable housing projects and the affordable housing project is not completed within 5 years of the date the property was acquired by the local agency or nonprofit affordable housing sponsor, require the local agency or nonprofit affordable housing sponsor to pay a penalty in the amount of 1% of the purchase price. The bill would remove authorization to transfer surplus state real property to a local agency for less than fair market value if the agency proposes to use the surplus state real property for parks or open-space purposes. transitional housing for formerly incarcerated individuals, subject to the same provisions described above, as specified.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
This bill would provide that development of surplus state real property by a local agency or nonprofit affordable housing sponsor for an affordable housing purposes project or transitional housing for formerly incarcerated individuals is by right, making the development ministerial in nature and exempt from CEQA requirements.
Senate Governmental
Organization
Committee / Hearing
Date is March 28,
2023.
Exhibit A: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.
SB 536 State Senator
Rubio
Surplus state real property: Heman G. Stark Youth Correctional Facility:
Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services . Existing law prescribes a process for the disposition of surplus state property.
This bill would authorize the Director of General Services to sell or lease property, of an unspecified acreage, known as the California Department of Corrections and Rehabilitation Heman G. Stark Youth Correctional Facility, located in the City of Chino, in the County of San Bernardino, to the City of Chino at fair market value upon terms and conditions the director determines are in the best interests of the state.
This bill would require that the proceeds of the sale or lease be expended on bond payments, as specified, and other costs, including costs for the review of the sale of the property and bond counsel. The bill would authorize the director, notwithstanding those provisions, to sell the property below fair market value for purposes of providing housing to persons and families of low or moderate income, subject to reporting specified information 30 days before the sale to the chairpersons of the fiscal committees of the Legislature. This bill would exempt the sale of the property from the California Environmental Quality Act. The bill would require the net proceeds of the sale to be deposited into the Special Fund for Economic Uncertainties, a continuously appropriated fund. By authorizing the deposit of proceeds into a continuously appropriated fund, the bill would make an appropriation.
Senate Governmental
Organization
Committee / No
Hearing Date.
Exhibit B
April 4, 2023
California State Senator Susan Rubio
100 S. Vincent Avenue, STE. 401
West Covina, CA 91790
California Assembly Member Freddie Rodriguez
13160 7th Street
Chino, CA 91710
Re: Proposed Housing and Development Legislation – California Senate Bills (“SB”) 4, 20, and 423.
To the Honorable California State Senator Susan Rubio and the Honorable Assembly Member Freddie Rodriguez:
The City of Chino (“City”) respectfully submits this letter detailing our support or opposition to a series of Senate Bills that have been introduced for the 2023-2024 Legislative Session. The City certainly recognizes that affordable housing is a preeminent statewide issue, and the City is committed to doing its fair share. In fact, through the next decade, the City will be taking all concerted efforts to build 4,600 housing units affordable to low and moderate income families. Moreover, as the City moves to update its General Plan, one key addition will be an inclusionary housing ordinance, which will create a reliable source of new affordable housing, and will provide regulatory tools necessary to help meet the goals and requirements of the City’s Housing Element.
The City’s overall concern is that many of these bills apply a “one size fits all” approach. Often, specified findings are made that the proposed changes(s) in law address matters of statewide concern. This seems to provide authorization to make unilateral amendments in local land development procedures regardless of community composition or location. As representatives of diverse communities, coupled with your respective backgrounds in local government as City Council Members, the City is fully aware you recognize that while one policy may work in a given community, it does not mean it will be successful in another city. The City believes in the same philosophy and is hopeful our community can retain its self-determination to advance the logical development of our community.
The City does, however, appreciate State Senator Rubio’s proposed bill SB 20. While the other pieces of legislation tend to focus on wholesale changes, State Senator Rubio’s bill focuses on giving cities tools necessary to meet affordable housing demands. It is not a forced program. Rather, it takes a structure that has proven to be successful in the San Gabriel Valley and offers cities the chance to replicate that process Exhibit C
while retaining their own voice. It recognizes that local leaders in collaboration with their constituents are best suited to meet the challenges facing our communities.
Therefore, in consideration of the above, the City is in support of SB 20, but respectfully requests that you vote “NO” on SB 4 and SB 423.
Sincerely,
Housing and Development, Page 2
April 4, 2023
California State Senator Susan Rubio
100 S. Vincent Avenue, STE. 401
West Covina, CA 91790
California Assembly Member Freddie Rodriguez
13160 7th Street
Chino, CA 91710
Re: Proposed Public Safety Legislation – California Assembly Bills (“AB”) 40, 55, 97, 474, 1505, 1303, 335, 316, 257, 367, 797 and California Senate Bills (“SB”) 31, 55, 459, and 690.
To the Honorable California State Senator Susan Rubio and the Honorable Assembly Member Freddie Rodriguez:
The City of Chino (“City”) takes prides in being home to one of the best police agencies in the State of California. The Chino Police Department is undeniably one of the most professional and proactive local police departments and the Chino City Council will continue to not only support the Chino Police Department, but other law enforcement agencies as well.
While the City was not fortunate enough to have your representation at the time, previous legislation like AB 109 allowed potentially dangerous individuals to be released from prison earlier than what existing law allowed. Additionally, state ballot measures have compounded the problem by either downgrading felonies to misdemeanors (Proposition 47) or enabling early-release of individuals who committed “nonviolent” crimes (Proposition 57). The result has been an increase of unrehabilitated criminals coming into our communities. From 2021 to 2022, Chino had a 20% and 16% increase in burglaries and theft, respectively. Moreover, throughout the past year, the Chino Police Department has arrested over 500 people multiple times with some individuals being arrested close to a dozen times.
As reflected above, in recent years, there has been a tendency to take a passive approach to crime. This has directly impacted the Chino Community and has encumbered the Chino Police Department’s resources. As conveyed in the City’s February 7 letter, the Chino Community would like to partner with your respective offices to support legislation that gives the Chino Police Department (and other law enforcement agencies), the tools necessary to perform their jobs and keep them safe.
However, first the City would like to reiterate its appreciation of your representation. The bills you have introduced are pragmatic and directly benefit public safety, emergency preparedness, and services (AB 474, AB 1505, and AB 1303), they focus on increasing emergency service access and efficiency (AB 40 and AB 55), and they seek to protect victim’s rights (SB 459 and SB 690). While the City is disappointed that AB 97 has been amended in committee to remove provisions that would make possession of an unserialized firearm punishable as a felony, the City is nevertheless supportive of your respective efforts to make the Chino Community safer. With regard to the other pieces of legislation, the City requests that you please consider the following positions:
Bill
Number
Title Position and General Comments
AB 335 Retail Theft Support – Although amended entirely, this bill could potentially help provide the data necessary to implement policy changes in the future.
SB 316 Shoplifting:
Increased
Penalties for
Prior Crimes
Support – Although a statewide election is required, this bill will provide the tools necessary for the Chino Police Department to end the cycle of criminals being arrested and released into the Chino Community.
AB 257 Encampments:
Penalties
Support if amended - The City takes considered efforts to support those experiencing homelessness; however, regulatory tools need to be in place to ensure the quality of life for others as well. As amended, this bill only narrowly describes what can be prohibited (i.e., camping).
AB 367 Controlled
Substances:
Enhancements
Support – This bill places more accountability on those who sell illegal narcotics to individuals.
AB 797 Local
Government:
Police Boards
Oppose – The Chino City Council, Chino Community, and Chino Police Department have always worked collaboratively. This bill applies a “one size fits all” approach that is not helpful or useful to Chino residents.
SB 31 Encampments:
Sensitive
Areas:
Penalties
Support – This bill will provide regulatory tools necessary to ensure the quality of life for others. However, it should be noted that while the City supports these measures, the City also retains robust social services (in both the Chino Police Department and Community Services Department) to help those individuals experiencing homelessness.
SB 55 Vehicles:
Catalytic
Converters
Support – This bill will support the Chino Police Department’s ongoing efforts to curb the catalytic converter thefts experienced in the Chino Community.
Once again, on behalf of the Chino Community, thank you for your support and representation. The City is excited to work with your respective offices on these important matters. The City also appreciates that you both bring a unique perspective with your distinguished careers in education and emergency services as well as both serving as City Council Members. Should your offices have any questions, please feel free to contact the Administration Department at 909-334-3338.
Sincerely,
Public Safety, Page 2
April 4, 2023
California Assembly Member Gil Alanis
1010 Tenth Street, STE. 5800
Modesto, CA 95354
Re: Support of Assembly Bill (“AB”) 335.
To the Honorable California Assembly Member Gil Alanis:
The City of Chino (“City”) takes prides in being home to one of the best police agencies in the State of California. The Chino Police Department is undeniably one of the most professional and proactive local police departments and the Chino City Council will continue to not only support the Chino Police Department, but other law enforcement agencies as well.
Previous legislation like AB 109 allowed potentially dangerous individuals to be released from prison earlier than what existing law allowed. Additionally, state ballot measures have compounded the problem by either downgrading felonies to misdemeanors (Proposition 47) or enabling early-release of individuals who committed “non-violent” crimes (Proposition 57). The result has been an increase of unrehabilitated criminals coming into our communities. From 2021 to 2022, Chino had a 20% and 16% increase in burglaries and theft, respectively. Moreover, throughout the past year, the Chino Police Department has arrested over 500 people multiple times with some individuals being arrested close to a dozen times.
While the City is disappointed that amendments were made to your proposed bill in committee, the City nevertheless understands that for there to be significant change in existing law, data is needed to support those changes. This bill will provide that opportunity and will hopefully prompt necessary amendments in law to support local law enforcement agencies while protecting communities.
It is for these reasons that the City of Chino supports Assembly Bill 335. Should you have any questions, please feel free to contact the City of Chino Administration Department at 909-334-3338.
Sincerely,
April 4, 2023
California State Assembly Member Brian Maienschein
12396 World Trade Drive, Suite 118
San Diego, CA 92128
Re: Support of Assembly Bill (“AB”) 367.
To the Honorable California Assembly Member Brian Maienschein:
The City of Chino (“City”) respectfully submits this letter of support for AB 367. As felt by many communities across the State of California, drug overdoses are certainly on the rise and have had a devastating impact on families and the cities they reside. In Chino, after seeing significant increases in overdose calls, it was ultimately determined that the lifesaving emergency pharmaceutical known as a NARCAN kit would need to be made available to every Chino Police Officer so they may save the lives of those experiencing an overdose. On top of these emergency interventions, the Chino Police Department also has highly trained personnel dedicated to supporting those struggling with mental health and substance abuse issues. They are specifically trained to offer resources and assistance to prevent a major crisis. They collaborate with hospitals and programs that treat mental health and substance abuse problems.
Additionally, the Chino Police Department’s Quality of Life Team is a full-time assignment comprised of a Police Sergeant, a Corporal, and three Officers. This team handles quality of life concerns such as homelessness, panhandling, and blight. A vast majority of the homeless population they service have either a drug addiction, mental health issue or a combination of both. The Quality-of-Life Team collaborates with the City of Chino Community Services Department and San Bernardino County Behavioral Health to develop treatment plans to obtain sobriety as well as housing assistance.
With all the efforts made locally by the City of Chino to combat this epidemic and curb overdoses, the City is appreciative of your efforts to shift accountability back to the sellers of harmful substances. Although the City would have like to see the original language of “controlled substance” remain, the City is in support AB 367. Should you have any questions, please feel free to contact the City of Chino Administration Department at (909) 334-3338.
Sincerely,
April 4, 2023
California Assembly Member Dr. Akilah Weber
4700 Spring Street, STE. 131
La Mesa, CA 91941
Re: Opposition to Assembly Bill (“AB”) 797.
To the Honorable California Assembly Member Dr. Akilah Weber:
The City of Chino (“City”) respectfully submits this letter of opposition to AB 797. The Chino Police Department has taken significant efforts to work collaboratively with the Chino community. The Chino Police Department believes it cannot effectively police and protect Chino residents without the trust and understanding of the community. To that end, the Chino Police Department commits time and resources to build valuable programs that support collaborative, community policing. Some of these events include an annual Community Open House at the Chino Police Department, a Community Academy where Chino residents can learn about the Chino Police Department, and the Summer Youth Academy where attendees participate in activities, presentations, demonstrations, and field trips highlighting the various aspects of the law enforcement profession.
Beyond public outreach programs, the Chino Police Department takes pride in holding its personnel to the highest standards of professionalism and integrity. In the rare moments where the Chino Police Department has been made aware of its employees falling below this standard, the response has been swift, transparent, and decisive. Although the bill intends to increase transparency, it does not consider the trust that may already exist between a community and its police department. Rather, it appears to unfortunately be a wholesale reaction to the decisions other police departments that has no bearing on the Chino Police Department and its commitment to the Chino community.
It is for these reasons that the City of Chino opposes AB 797. Should you have any questions, please feel to contact the City of Chino Administration Department at (909) 334-3338 Sincerely,
April 4, 2023
California State Senator Scott Weiner
1021 O Street, STE 8620
Sacramento, CA 95814-4900
Re: Opposition to Senate Bills (“SB”) 4 and 423.
To the Honorable California State Senator Scott Weiner:
The City of Chino (“City”) respectfully submits this letter of opposition to Senate Bill 4 and Senate Bill 423. Although well intended to address the housing crisis, the City’s overall concern is that these bills apply a “one size fits all” approach and assumes the City is not responding to the housing crisis in a responsible manner. In contrary to this perspective, the City is very aware that affordable housing is a preeminent statewide issue, and the City is committed to doing its fair share. In fact, through the next decade, the City will be taking all concerted efforts to build 4,600 housing units affordable to low- and moderate-income families. Moreover, as the City moves to update its General Plan, one key addition will be an inclusionary housing ordinance, which will create a reliable source of new affordable housing and will provide regulatory tools necessary to help meet the goals and requirements of the City’s Housing Element.
As currently written, both pieces of legislation intend to streamline development to the detriment of local oversight and environmental review. It is the City’s position that these bills favor expediency over substance. The City is charged to work in favor of the public’s interest. This means that the City will work to develop affordable housing within the purview of sound environmental, safety, and zoning regulations.
As previously mentioned, the City is making significant efforts to build affordable housing, and the City does not agree with the notion that it should neglect its local policy and safeguards to further streamline development. As you can certainly appreciate, there is more nuance and balance to local governance that recognizes local leaders in collaboration with their constituents are best suited to meet challenges facing our communities.
Therefore, in consideration of the above, the City respectfully opposes SB 4 and 423. Should you have any questions, please feel free to contact the Administration Department at (909) 334-3338.
Sincerely,
April 4, 2023
California State Senator Brian Jones
1021 O Street, Room 7640
Sacramento, CA 95814
Re: Support of Senate Bill (“SB”) 31.
To the Honorable California State Senator Brian Jones:
The City of Chino (“City”) respectfully submits this letter in support of SB 31. The City recognizes the inherent challenges with helping those experiencing chronic homelessness. There is no single cause or solution, and in many cases, those experiencing homelessness have found themselves in these disheartening circumstances resulting from a combination of financial hardship, severe substance abuse/addiction, and/or struggles with their mental health – this is not mention other potential underlying factors as well.
The City recognizes that addressing homelessness requires a compassionate response that balances the need to help those who are unsheltered while also ensuring the quality of life for others. The City believes these can be mutually reinforcing principles. This proposed legislation will provide the Chino Police Department and Code Enforcement Division the tools necessary to remove encampments safely and humanely. This will provide the City’s Quality of Life Team within the Chino Police Department and the City’s Homeless Coordinator the opportunity to connect these individuals with resources necessary to provide sustainable support and services.
The City thanks you for your efforts to provide the legal recourse necessary to protect the health and safety of our community while giving the City the opportunity to better support those individuals experiencing homelessness. Should you have any questions, please feel free to contact the City of Chino Administration Department at 909-334-3338.
Sincerely,
April 4, 2023
California State Senator Tom Umberg
1021 O Street, STE. 6530
Sacramento, CA 95814
California State Senator Anthony J. Portantino
1021 O Street, Suite 7630
Sacramento, CA 95814
Re: Support of Senate Bill (“SB”) 55.
To the Honorable California State Senator Tom Umberg and California State Senator Anthony J.
Portantino:
The City of Chino (“City”) respectfully writes to support SB 55. The City has seen the number and frequency of catalytic converter thefts rise dramatically over the past few years. In response, the Chino Police Department has worked to adopt a local ordinance making it unlawful to possess a catalytic converter that is not attached to a vehicle without valid documentation or proof of lawful possession.
Your proposed bill will support the City’s efforts to curb catalytic converter thefts by, among others, prohibiting a dealer or retailer from selling a new or used motor vehicle equipped with a catalytic converter unless is has been permanently marked. The issue of catalytic converter thefts has certainly been an important matter to the Chino community and the Chino Police Department, and any regulatory tool to support these efforts will be welcomed by the Chino community.
Your proposed bill supports the City’s ongoing efforts to curtail these thefts, and for those reasons, the City is in support of SB 55. Should you have any questions, please feel free to contact the City of Chino Administration Department at 909-334-3338.
Sincerely,
April 4, 2023
California State Senator Rosilicie Ochoa Bogh
1021 O Street, Room 7220
Sacramento, CA 95814
California State Senator Roger Niello
1021 O Street, Room 7110
Sacramento, CA 95814
Re: Support of Senate Bill (“SB”) 316.
To the Honorable California Assembly Member Gil Alanis:
The City of Chino (“City”) takes prides in being home to one of the best police agencies in the State of California. The Chino Police Department is undeniably one of the most professional and proactive local police departments and the Chino City Council will continue to not only support the Chino Police Department, but other law enforcement agencies as well.
Previous legislation like AB 109 allowed potentially dangerous individuals to be released from prison earlier than what existing law allowed. Additionally, state ballot measures have compounded the problem by either downgrading felonies to misdemeanors (Proposition 47) or enabling early-release of individuals who committed “non-violent” crimes (Proposition 57). The result has been an increase of unrehabilitated criminals coming into our communities. From 2021 to 2022, Chino had a 20% and 16% increase in burglaries and theft, respectively. Moreover, throughout the past year, the Chino Police Department has arrested over 500 people multiple times with some individuals being arrested close to a dozen times.
With repeat offenders continuously coming back into our community, it has encumbered Chino Police Department resources, and like many communities, has certainly impacted the quality of life of Chino residents. Your proposed bill will provide local law enforcement agencies the support needed to protect communities and build accountability back into the criminal justice system.
It is for these reasons that the City of Chino supports Senate Bill 316 to give voters the opportunity to reevaluate the impacts of previous state ballot measures like Proposition 47. Should you have any questions, please feel free to contact the City of Chino Administration Department at 909-334-3338.
Sincerely,