Agenda Item No. 10
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 27, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: State Legislation Update and 2025 Legislative Platform
RECOMMENDATION
Receive a presentation on recently adopted State legislation and approve the 2025 City of Grover Beach Legislative Platform.
BACKGROUND
Legislation at the State and Federal level often affects cities’ revenue sources, mandated services and local control of governance. The purpose of a City Council-approved Legislative Platform is to clearly set forth the City’s positions on proposed legislation and other State and Federal issues that impact City operations on which the City could advocate. The timeframe to respond to proposed legislation often does not allow for full Council approval at a regularly scheduled City Council meeting. As a result, the Legislative Platform authorizes the City Manager to work with the Mayor to take positions on legislation on behalf of the City that are consistent with the platform to allow for quick response communications, through opposition or support letters, to legislators when time is of the essence. The priorities expressed in the platform are also intended to assist the Council and staff to appropriately address legislation to promote the City’s interests. 2024 Legislative Update
The City works with the League of California Cities (Cal Cities) to track legislation that impacts local government. In line with the City’s 2024 Legislative Platform, the City issued letters of opposition and letters urging a veto for the following bills in 2024 as seen in Attachment 1:
• AB 1886 – Housing Element Requirements
• SB 1037 - Planning and zoning: housing element: enforcement Additionally, on September 23, 2024, the Council took official positions of support for two 2024 ballot measures: Proposition 4, which provides the State authority to issue a $10 billion climate bond for programs aimed at mitigating the impacts of climate change; and Proposition 36 which increased penalties for repeat retail theft and repealed punishment reductions enacted pursuant to prior Proposition 47.
Attachment 2 includes a summary of approved and enacted legislation which will impact City operations and codes along with planned City actions.
Staff Report: Legislation Update and 2025 Legislative Platform Page 2 January 27, 2025
2025 Legislative Platform
Similar to previous platforms, the proposed 2025 Legislative Platform shown in Attachment 3 is organized in the following topic-based categories and informed by the advocacy priorities established by Cal Cities shown in Attachment 4:
1) General Government – Generally supports local control to address local needs and opposes State preemption of local authority and unfunded or underfunded mandates; 2) Local Government Finance – Generally supports legislation protecting or enhancing City revenues and opposes unfunded mandates, restrictions on revenues and restrictions on contracting for cities;
3) Public Safety – Generally supports funding and support for emergency response and crime reduction programs;
4) Transportation and Public Works – Generally supports funding and expedited processes capital and infrastructure projects, supports funding for key water supply projects, and funding for implementation of organic waste disposal requirements; 5) Community Development – Generally supports funding and programs to address homelessness, supports legislation to reform cannabis regulations and supports protection of transient occupancy tax revenue.
One substantive change to the 2025 Legislative Platform is a requested item from the San Luis Obispo Council of Governments (SLOCOG) regarding funding for regional transportation needs.
SLOCOG is requesting support from each local jurisdiction in San Luis Obispo County to seek State legislation that would provide an exemption to the 2% Bradley Burns sales tax cap rate for a future transportation measure that may be proposed to the voters.
Sales tax levels in California vary from 7.25% to 10.75%. With 7.25% as the base, local agencies are allowed to increase this base level by up to 2% with voter approval with legislation needed to exceed the 2% cap. Currently, six jurisdictions in San Luis Obispo County have a sales tax approved by voters at 8.75% including Grover Beach. With only 0.5% remaining, a proposed SLOCOG measure could be impeded due to potential other measures from a city or the County or through another regional measure or a citizens’ initiative. Each is allowable under current law but if any jurisdiction reaches 9.25% or if several cities want to retain their future funding options, then no other regionwide sales tax can be pursue unless special legislation is sought and approved.
This effort does not approve or institute a tax or change how a tax may be approved. The proposed legislation would provide an exemption from the 2% cap imposed to allow a transportation measure (proposed by SLOCOG or a citizens’ initiative) to be placed on a future ballot for voter consideration. Such a measure would allow San Luis Obispo County voters to consider approval of a countywide sales tax to address transportation safety, maintenance, mobility, and infrastructure needs.
FISCAL IMPACT
There is no fiscal impact associated with these actions.
Staff Report: Legislation Update and 2025 Legislative Platform Page 3 January 27, 2025
ALTERNATIVES
The Council has the following alternatives to consider:
1) Receive a presentation on recently adopted State legislation and approve the 2025 City of Grover Beach Legislative Platform; or
2) Approve a modified version of the 2025 City of Grover Beach Legislative Platform; or 3) Do not approve the 2025 City of Grover Beach Legislative Platform, or 4) Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. 2024 Letters of Support
2. 2024 Legislation Impacts
3. 2025 Proposed City of Grover Beach Legislative Platform (tracked changes)
4. 2025 Cal Cities Advocacy Priorities
City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Robert Robert
Council Member Daniel Rushing, Council Member Clint Weirick, Council Member Zach Zimmerman Matthew Bronson
City Manager
154 South Eighth Street Grover Beach, California 93433 www.groverbeach.org Administrative Services/Water (805) 473-4550 City Council/City Manager (805) 473-4567 City Clerk (805) 473-4568 Community Development - Building, Planning & Economic Development (805) 473-4520 Human Resources (805) 473-4564 Parks & Recreation (805) 473-4580 Police/Non-Emergency (805) 473-4511 Public Works (805) 473-4530 May 10, 2024
The Honorable Assemblymember Dawn Addis
1021 O St., Ste. 5350
PO Box 942849
Sacramento, CA 94249-0030
RE: AB 1886 (Alvarez) Housing Element Law: Substantial Compliance Notice of Opposition (As of April 1, 2024)
Dear Assemblymember Addis,
Th City of Grover Beach regretfully must oppose measure AB 1886 (Alvarez), because it turns its back to a fundamental provision of housing element law: A city may disagree with 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, and environmental review. Cities go to great lengths to ensure that their housing element substantially complies with the law, even if HCD 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 1886 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence.
The City of Grover Beach 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 Grover Beach must oppose AB 1886 (Alvarez).
Sincerely,
Karen Bright, Mayor
Cc: The Honorable David A. Alvarez
David Mullinax, League Regional Public Affairs Manager (via email) League of California Cities, [email protected]
Attachment 1
City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Robert Robert
Council Member Daniel Rushing, Council Member Clint Weirick, Council Member Zach Zimmerman Matthew Bronson
City Manager
154 South Eighth Street Grover Beach, California 93433 www.groverbeach.org Administrative Services/Water (805) 473-4550 City Council/City Manager (805) 473-4567 City Clerk (805) 473-4568 Community Development - Building, Planning & Economic Development (805) 473-4520 Human Resources (805) 473-4564 Parks & Recreation (805) 473-4580 Police/Non-Emergency (805) 473-4511 Public Works (805) 473-4530 May 10, 2024
The Honorable Senator John Laird
1021 O St., Ste. 8720
Sacramento, CA 95814
RE: AB 1886 (Alvarez) Housing Element Law: Substantial Compliance Notice of Opposition (As of April 1, 2024)
Dear Senator Laird,
Th City of Grover Beach regretfully must oppose measure AB 1886 (Alvarez), because it turns its back to a fundamental provision of housing element law: A city may disagree with 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, and environmental review. Cities go to great lengths to ensure that their housing element substantially complies with the law, even if HCD 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 1886 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence.
The City of Grover Beach 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 Grover Beach must oppose AB 1886 (Alvarez).
Sincerely,
Karen Bright, Mayor
Cc: The Honorable David A. Alvarez
David Mullinax, League Regional Public Affairs Manager (via email) League of California Cities, [email protected]
City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Robert Robert
Council Member Daniel Rushing, Council Member Clint Weirick, Council Member Zach Zimmerman Matthew Bronson
City Manager
154 South Eighth Street Grover Beach, California 93433 www.groverbeach.org Administrative Services/Water (805) 473-4550 City Council/City Manager (805) 473-4567 City Clerk (805) 473-4568 Community Development - Building, Planning & Economic Development (805) 473-4520 Human Resources (805) 473-4564 Parks & Recreation (805) 473-4580 Police/Non-Emergency (805) 473-4511 Public Works (805) 473-4530 September 19, 2024
The Honorable Gavin Newsom
Governor, State of California
1021 O Street, Suite 9000
Sacramento, CA 95814
RE: AB 1886 (Alvarez) Housing Element Law: Substantial Compliance Request for VETO
Dear Governor Newsom,
The City of Grover Beach writes to strongly request that you VETO AB 1886 (Alvarez) because it turns its back to a fundamental provision of housing element law: A city may disagree with 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 accommodating their fair share of housing at all income levels. These extensive and complex plans can take years to develop, including public involvement and engagement and environmental review. Cities go to great lengths to ensure that their housing element substantially complies with the law, even if HCD disagrees.
Unfortunately, this measure fails to address the key struggles cities deal with when trying to comply with the law, including unclear guidance from HCD, staff turnover, and inconsistent guidance regarding what cities must do to comply with the law. Current law acknowledges this by allowing cities to “self-certify” their housing element or take the issue to court and have a judge determine substantial compliance. This measure eliminates the “self-certification” process and gives HCD more power to determine when a city is certified without requiring them to provide detailed findings as to how the local jurisdictions can come into compliance. In addition, AB 1886 fails to provide a grace period for cities acting in good faith but are still unable to meet the statutory deadline for adopting a compliant housing element.
Particularly for smaller cities with limited resources, the provisions of this bill create an undue burden. We also feel this bill is contrary to cooperation between the State and local governments in meeting our housing needs.
The City of Grover Beach 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 in a timely manner and put those plans into action so that much-needed housing construction can occur. For these reasons, the City of Grover Beach requests your veto on AB 1886. If you have any questions, do not hesitate to contact me at [email protected] or 805-473-4567.
Sincerely,
Karen Bright, Mayor
City of Grover Beach
Cc: The Honorable David Alvarez (Via email: [email protected]) David Mullinax, League Regional Public Affairs Manager (via email) League of California Cities (via email: [email protected])
City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Robert Robert
Council Member Daniel Rushing, Council Member Clint Weirick, Council Member Zach Zimmerman Matthew Bronson
City Manager
154 South Eighth Street Grover Beach, California 93433 www.groverbeach.org Administrative Services/Water (805) 473-4550 City Council/City Manager (805) 473-4567 City Clerk (805) 473-4568 Community Development - Building, Planning & Economic Development (805) 473-4520 Human Resources (805) 473-4564 Parks & Recreation (805) 473-4580 Police/Non-Emergency (805) 473-4511 Public Works (805) 473-4530 May 10, 2024
The Honorable Assemblymember Dawn Addis
1021 O St., Ste. 5350
PO Box 942849
Sacramento, CA 94249-0030
RE: SB 1037 (Wiener) Planning and zoning: housing element: enforcement Notice of Opposition (As of April 25, 2024)
Dear Assemblymember Addis,
The City of Grover Beach regretfully must oppose measure SB 1037 (Wiener), which would allow the Attorney General to take legal action against a city and seek fines up to $50K 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 interpreting the law. 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.
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 Grover Beach must oppose SB 1037.
Sincerely,
Karen Bright, Mayor
Cc: The Honorable Scott Wiener
David Mullinax, League Regional Public Affairs Manager (via email) League of California Cities, [email protected]
City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Robert Robert
Council Member Daniel Rushing, Council Member Clint Weirick, Council Member Zach Zimmerman Matthew Bronson
City Manager
154 South Eighth Street Grover Beach, California 93433 www.groverbeach.org Administrative Services/Water (805) 473-4550 City Council/City Manager (805) 473-4567 City Clerk (805) 473-4568 Community Development - Building, Planning & Economic Development (805) 473-4520 Human Resources (805) 473-4564 Parks & Recreation (805) 473-4580 Police/Non-Emergency (805) 473-4511 Public Works (805) 473-4530 May 10, 2024
The Honorable Senator John Laird
1021 O St., Ste. 8720
Sacramento, CA 95814
RE: SB 1037 (Wiener) Planning and zoning: housing element: enforcement Notice of Opposition (As of April 25, 2024)
Dear Senator Laird,
The City of Grover Beach regretfully must oppose measure SB 1037 (Wiener), which would allow the Attorney General to take legal action against a city and seek fines up to $50K 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 interpreting the law. 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.
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 Grover Beach must oppose SB 1037.
Sincerely,
Karen Bright, Mayor
Cc: The Honorable Scott Wiener
David Mullinax, League Regional Public Affairs Manager (via email) League of California Cities, [email protected]
City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Robert Robert
Council Member Daniel Rushing, Council Member Clint Weirick, Council Member Zach Zimmerman Matthew Bronson
City Manager
154 South Eighth Street Grover Beach, California 93433 www.groverbeach.org Administrative Services/Water (805) 473-4550 City Council/City Manager (805) 473-4567 City Clerk (805) 473-4568 Community Development - Building, Planning & Economic Development (805) 473-4520 Human Resources (805) 473-4564 Parks & Recreation (805) 473-4580 Police/Non-Emergency (805) 473-4511 Public Works (805) 473-4530 September 19, 2024
The Honorable Gavin Newsom
Governor, State of California
1021 O Street, Suite 9000
Sacramento, CA 95814
RE: SB 1037 (Wiener) Planning and zoning: housing element: enforcement Request for VETO
Dear Governor Newsom,
The City of Grover Beach regretfully requests a veto on SB 1037 (Wiener), which would allow the Attorney General to take legal action against a city and seek fines up to $50K 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 interpreting the law. 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.
Particularly for smaller cities with limited resources, the provisions of this bill create an undue burden. We also feel this bill is contrary to cooperation between the State and local governments in meeting our housing needs.
The City of Grover Beach believes that 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 Grover Beach requests your veto on SB 1037. If you have any questions, do not hesitate to contact me at [email protected] or 805-473-4567.
Sincerely,
Karen Bright, Mayor
City of Grover Beach
Cc: The Honorable Scott Wiener (Via email: [email protected]) David Mullinax, League Regional Public Affairs Manager (via email) League of California Cities (via email: [email protected])
2024 Legislation Impacts
General Government
Human Resources
• AB 2561 – Local Public Employees: Vacant Positions. Requires public agencies to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year prior to budget adoption and entitles recognized employee organizations to be present at the hearing. If the total vacancies exceeds 20% of the total number of authorized full-time positions, the employee organization may request specific information at the public hearing.
o Impact: Staff will schedule a public hearing in accordance with this provision prior to the budget hearing each year.
• AB 1976 – Occupational Safety and Health Standards: First Aid Materials: Opioid Antagonists. Requires agencies to include opioid antagonists (ie: naloxone) in first aid materials by December 1, 2027.
o Impact: Staff will ensure this standard is met by the required date. • AB 2123 – Disability Compensation: Paid Family Leave. Prohibits employers from requiring an employee to take two weeks of vacation leave before accessing benefits under the California Paid Family Leave program for any disability commencing on or after January 1, 2025.
o Impact: Staff will ensure this standard is met by the required date. • AB 2499 – Employment: Unlawful Discrimination and Paid Sick Days: Victims of Violence. Provides employees who are or whose family member is a victim of violence the right to use job-protected leave, including the use of sick leave, up to a cap of twelve weeks.
o Impact: The above statutes will be implemented in the City’s employee handbook and leave practices.
Brown Act
• AB 2302 – Open Meetings: Local Agencies: Teleconferences. Allows members of a legislative body to attend a public meeting remotely for “just cause” and “emergency circumstances” without noticing their teleconference location or making that location public for up to five meetings per year.
o Impact: Council Members will be permitted to attend up to five public meetings per year remotely for specified cause without noticing or making public their teleconference location.
Attachment 2
Public Safety
Crime
• Proposition 36. Increases penalties for repeat retail theft and repeals reductions in punishment enacted by Proposition 47. Directs specified drug offenders to treatment, rather than incarceration, increases penalties for drug-related crimes and adds fentanyl to the list of drugs subject to felony charges.
•
o Impact: Will require an increased number of bookings in the county jail. When this occurs, officers will be taken out of service for an extended period of time (1- 4+ hours) and there will be a reduced number of available officers in the city. • Retail theft package (14 bills: AB 1779, AB 1794, AB 1802, AB 1960, AB 1972, AB 2943, AB 3209, SB 1144, SB 1416, SB 905, SB 982, SB 1242, SB 1320, SB 1385). Includes stricter penalties for retail and property theft and sentencing enhancements for largescale operations. Where these statutes conflict with Proposition 36, the Proposition will control.
o Impact: Same impact as Proposition 36 above.
Cannabis
• SB 1064 – Cannabis: Operator and Separate Premises Licenses. Allows combined cannabis activities under one license at a single premises for operators, with the exception of laboratory testing activities.
o Impact: Minimal impact. For existing operators, will likely streamline the local renewal process. For new cannabis applications, will streamline the licensing process at the State level. May require an update to the City’s municipal code, permitting processes, and inspection protocols. For renewal applications, minor administrative staff burden to update record of existing licenses. Staff to coordinate with the City Attorney and Police Department to ensure appropriate amendments are in compliance with State law.
• AB 1775 – Cannabis: Retail Preparation, Sale and Consumption of Non-Cannabis Food and Beverage Products. Authorizes local jurisdictions to allow for the sale of noncannabis food or beverage products in an area where cannabis consumption is allowed.
Also authorizes the sale of tickets for performances on the premises of a licensed cannabis retailer where cannabis consumption is allowed. o Impact: AB 1775 creates a legal framework for the inclusion of non-cannabis food and beverages at licensed cannabis businesses. Local agencies maintain authority to regulate or prohibit this practice. The Council must explicitly allow such sales by Ordinance. If so, an update to the City’s Municipal Code, Article 3, Chapter 18, and Article IX, Chapter 4, Section 4.10.045. Potential updates to Article X – Revenue and Taxation, may be appropriate.
Transportation and Public Works
Climate and Water Projects
• SB 867 – Safe Drinking Water, Wildlife Fire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. Enacts Proposition 4, approved by voters in the November 2024 election, to allow the State to issue $10 billion in bonds to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, clean energy and workforce development programs. o Impact: Staff will evaluate state requirements and grant programs under this bond program once they are issued by the State for future potential project eligibility.
Water and Sewer Services
• SB 1072 – Local Government: Proposition 218: Remedies. Provides that if a court determines a local agency fee for a property-related service violations the California Constitution, including Proposition 218, the agency must credit the amount of the fee that is attributable to the violation.
o Impact: Staff will continue to endeavor to meet at requirements of Proposition 218 as applicable.
• SB 1210 – New Housing Construction: Electrical, Gas, Sewer and Water Service:
Service Connection Information. Requires utilities to post estimated fees and timeframes for new service connections for new housing construction projects on their website on or before January 1, 2026.
o Impact: The City’s Master Fee Schedule is posted to the City’s website and outlines new service connection charges. The City’s Public Works Department will coordinate with Administrative Services to update the website to post timeframes for new connections for certain housing construction projects (i.e., ADUs, mixed-use, multifamily, and single-family developments). Generally, upon completion of inspection and acceptance of public improvements, applicants would have immediate sewer and water service.
• AB 2427 – Electric Vehicle Charging Stations: Permitting: Curbside Charging. Requires local agencies without approved locations within the public right-of-way for installation of an electric vehicle charging station to publish that information on a publicly accessible website maintained by the agency.
o Impact: Police, Public Works, and Community Development Departments along with the Five Cities Fire Authority will need to collaborate on a “feasibility study” on appropriate locations within the public-right-of way to allow EV charging stations. Staff will need to develop a checklist that includes all of the information required for a complete application for a permit or other authorization to install an electric vehicle charging station within the public right-of-way; identify all applicable fees and charges as part of the permitting or authorization process; and identify any criteria adopted by the governing body of the local agency to determine appropriate locations within the public right-of-way for installation of an electric vehicle charging station. Should the City not find any appropriate locations within the public right-of-way, this information and findings will need to be posted/published to the City’s website by January 1, 2029.
Community Development
General Plan Element Requirements
• AB 1886 – Housing Element Law: Substantial Compliance. Reversed cities’ ability to “self-certify” Housing Elements if they believe they are in compliance with State law. The legislation also prevents cities from legally challenging the Department of Housing and Community Development’s (HCD) finding of noncompliance of Housing Elements. The legislation also removes the grace period for statutory deadlines for cities acting in good faith to bring noncompliant Housing Elements into compliance. • AB 2023 – Housing Element: Inventory of Land: Substantial Compliance: Rebuttable Presumptions. Creates a higher legal standard for local agencies to challenge HCD’s finding that a local agency does not have a certified Housing Element. Also requires that any amendments by a local agency in response to HCD’s findings must go back to HCD for 90 days of review and 30 days of public comment.
• SB 1037 – Planning and Zoning: Housing Element Enforcement. Allows the State Attorney General to take legal action against a city and seek fines up to $50,000 per month for failure to adopt a compliant Housing Element or if the city fails to follow State laws requiring ministerial approval of certain housing projects. o Impacts: Together, the above bills make the development of Housing Elements far more difficult and subject the City to penalties, including severe fines. Staff will continue to work diligently with HCD to produce compliant Housing Elements to avoid these consequences going forward. The City’s Housing Element is considered in “substantial compliance” with State law. Preparation of a Housing Element can take 2 to 3 years; the next cycle will cover the period from 2028 to 2036. Staff will begin preparation of the next cycle in 2026 to allow adequate time for community outreach, data gathering and site inventory, HCD coordination, and preparation of the document. Staff will work diligently with HCD to produce a compliant Housing Element.
• AB 2667 – Affirmatively Furthering Fair Housing: Housing Element: Reporting. Requires local agencies to make a draft of their site inventory available to HCD and the public at least 90 days prior to a Housing Element’s initial adoption if the site inventory has changed in the seventh RHNA cycle. Requires local agencies to report the number of units approved in the previous year within an opportunity area annually. Requires local agencies to make the inventory of sites available online and notify individuals and organizations that have expressed interest in the issue by email. o Impact: Staff will update the General Plan Annual Report and include the reporting requirements in compliance with AB 2667.
• AB 1889– Conservation Element: Wildlife Connectivity. Requires local government agencies to include a wildlife connectivity element within the conservation element in their next general plan update after January 1, 2028.
o Impact: The City’s next General Plan update will likely be the 7th Cycle 2028- 2036 Housing Element. As part of this effort, subject to available resources (i.e., staffing and funding), staff will pursue an update to its Conservation Element and include a wildlife connectivity element. Depending on whether these efforts are completed concurrently, SB 1000 would require the City to also prepare an Environmental Justice Element or incorporate EJ goals, policies into other adopted elements.
• AB 2684 – Safety Element: Extreme Heat. Requires local government agencies to update and include in their general plans a plan to address the hazard of extreme heat in the housing element or local hazard mitigation plan after January 1, 2028. o Impact: The City is a partner with San Luis Obispo County and the six other incorporated communities to update the Multi-jurisdictional Local Hazard Mitigation Plan. This effort is tentatively scheduled to be complete in summer 2025 and will include plans to address the hazard of extreme heat. Staff will incorporate those same policies and plans within the next housing element update.
• AB 3093 – Land Use: Housing Element. Requires local governments to account for the housing needs of unhoused people in their Housing Elements by adding two new income categories to the seventh RHNA cycle: acutely low income and extremely low income.
o Impact: Staff will coordinate with the San Luis Obispo Council of Goverments (SLOCOG) and HCD to ensure the two income categories are included with the 7th Cycle Housing Element update.
Permitting
• AB 1893 – Housing Accountability Act: Housing Disapprovals. Prohibits cities from using objective standards to render a builder’s remedy project infeasible. o Impact: Cities with a compliant Housing Element are not directly impacted by AB 1893. “Builders Remedy” is a legal tool that allows developers to bypass certain local zoning and other regulatory constraints when a jurisdiction has not complied with its State-mandated housing goals (i.e., does not have a certified Housing Element, or has not met its RHNA goals). This bill would limit the ways a local agency could block a housing project that may not meet local zoning or general plan requirements. This would only affect the City if it had a noncompliant Housing Element. The City will continue to work diligently with HCD to produce compliant housing elements.
• SB 1123 – Planning and Zoning: Subdivisions: Ministerial Review. Requires local agencies to ministerially approve the subdivision of a parcel map for up to 10 housing units and to allow the ministerial approval of any housing units on-site that are in vacant, single-family zoned sites, beginning July 1, 2025.
o Impact: The most recent Development Code Update included provisions from SB 684, which requires local agencies to ministerially approve the subdivision of a parcel map for up to 10 housing units, aiming to accelerate the housing production process and remove unnecessary delays in local agency review. Staff will review its ordinance with SB 1123 to ensure consistency and compliance with State law prior to the effective date.
• AB 2533 – ADUs: Junior ADUs: Unpermitted Developments. Prohibits local agencies from denying a permit for an unpermitted ADU or JADU constructed before January 1, 2020 unless not correcting the violation would otherwise deem the building substandard.
Requires local agencies to inform the public about this provision including in permit checklists identifying how a building is deemed substandard, on the agency’s website and in communication with homeowners before submitting their application. Prohibits the imposition of impact fees or capacity charges on an unpermitted ADU unless utility infrastructure is necessary to not make the project substandard. o Impact: Implementation will require amendments to application checklists and the City’s ADU programs page.
• SB 450 – Housing Development: Approvals. Prohibits local governments from denying a SB 9 project for objective standards on a specific project and instead only allows objective standards to apply to the underlying zone on which the main lot is located.
Prohibits local agencies from denying SB 9 projects for impacts on the physical environment. Requires local agencies to approve or reject a project application within 60 days of receipt of a completed application or it is automatically deemed approved. o Impact: The City processes SB 9 applications within the 60-day approval window and implements review times in compliance with SB 9 (60-day approval window).
Changes associated with SB 450 will require additional staff research to understand how the Development Code may need to be amended in compliance with the law. For example, the City has adopted Objective Design Standards (ODS) for two-unit housing projects associated with an SB 9 urban lot split; based on SB 450, a local agency must apply ODS uniformly to development within the underlying zone. Staff could not reject or deny an application simply because a feature (e.g., roof shape, building materials) of the project does not meet ODS for two-unit development if it meets ODS for single-unit development; but could recommend revisions to the applicant to comply with the adopted two- unit standards. If the applicant refused to comply, staff is required by SB 450 to prepare clear and objective standards that justifies the denial (likely related to health, safety, or public welfare). For this, staff may need to coordinate with the City Attorney and amend the Development Code language in Article IX, Chapter
8.160 – Urban Lot Splits, and Chapter 4.25, et.al – Residential and Mixed-Use Objective Design Standards.
• SB 1395 – Shelter Crisis: Low Barrier Navigation Centers Use By Right. Reduces building requirements for shelters that are non-congregate and relocatable, in line with reduced requirements for traditional homeless shelters. o Impact: This bill aims to make it easier and faster to deploy shelters to meet urgent or emergency housing needs and allows City’s to adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters to the extent that strict compliance with State and local law would prevent development of the shelter. Said ordinance would be, at a minimum, required to meet the standards in Appendix X of the Residential Code and Appendix O of the Building Code. Permit processing of applications for LBNC could become faster and more efficient, potentially reducing the workload of staff who typically review applications. May also reduce the need for extensive oversight and inspections by inspectors. However, staff will need to verify compliance with health and safety standards, namely fire safety, in coordination with the Five Cities Fire Authority, to ensure the safety of its residents. • AB 1820 – Housing Development Projects: Applications: Fees and Exactions. Requires local agencies to provide a preliminary fee and exaction estimate to any requesting development proponent within 30 business days of a request during the preliminary application process. Requires local agencies to provide a total sum of fees and exactions within 30 days of final approval of a project. o Impact: During the preliminary application process, and if requested, staff will provide a preliminary estimate of fees that may be required for their development project. Staff will adjust its procedures to include the total sum amount within the 30-day timeframe for housing development projects.
• AB 3012 – Development Fees: Fee Schedule Template: Fee Estimate Tool. Requires local agencies of our size to make a fee estimate tool available on their website that the public can use to estimate fees and exactions for a proposed housing development by January 1, 2032.
o Impact: In coordination with neighboring jurisdictions, staff will explore options for fee estimate tools and software. Staff will also reach out to its current contractor, Tyler Technologies, to identify opportunity to develop a fee estimate tool through the Enterprise Permitting and Licensing (EPL) software. • SB 937 – Development Projects: Fees and Charges. Requires local agencies to defer payment of mitigation fees until certificate of occupancy or final inspection for specified affordable housing projects. Requires developers who receive such deferrals to break ground on the project within five years.
Impact: Mitigation fees are typically imposed on developers to offset specific environmental or infrastructure impacts of their development, such as traffic mitigation, parks, or other public improvements. This does not include Development Impact Fees.
While this bill aims to incentivize developers to pursue affordable housing projects, implementation will result in a delay of funds impacting the City’s ability to offset the costs of public infrastructure and community services.
• AB 98 – Planning and Zoning: Logistics Use-Truck Routes. Beginning January 1, 2026, prescribes statewide warehouse design and build standards for any proposed new or expanded logistics use developments. Requires a facility operator to establish and submit for approval a truck routing plan to and from the State highway system, based on the city’s latest truck route map prior to issuance of a certificate of occupancy. o Impact: This bill requires an applicant to submit a truck routing plan to California Department of Transportation (Caltrans) for review and approval before issuance of a certificate of occupancy. The routing plan can be based on the City’s latest truck routing map; however, it appears each individual project/application will require Caltrans review and approval. This could lead to delay in issuance of certificate of occupancy for building permits contingent on Caltrans review times.
Staff will coordinate with Caltrans to strategize successful integration into the City’s current permitting process and avoid any delay in permit issuance subject to AB 98 approval.
City of Grover Beach
2024 2025 Legislative Platform
Approved by City Council February 13January 27, 20242025 Attachment 3
Contents
SECTION 1 – INTRODUCTION ................................................................................................... 1
1.1 General Purpose ............................................................................................................ 1
1.2 Authority ......................................................................................................................... 1
1.2.1 Adoption. ................................................................................................................. 1
1.2.2 City Manager Authority. ........................................................................................... 1
1.2.3 Limit to City Manager Authority. .............................................................................. 1
1.3 Distribution...................................................................................................................... 1 SECTION 2 – GENERAL GOVERNMENT ................................................................................... 1
2.1 Local Control .................................................................................................................. 1 SECTION 3 – LOCAL GOVERNMENT FINANCE........................................................................ 2 SECTION 4 – PUBLIC Safety....................................................................................................... 2
4.1 Emergency Response .................................................................................................... 2
4.2 Crime Reduction............................................................................................................. 2
4.3 Victim’s Rights ................................................................................................................ 3 SECTION 5 – TRANSPORTATION AND PUBLIC WORKS......................................................... 3
5.1 General Infrastructure..................................................................................................... 3 SECTION 6 – RESOURCES AND ENVIRONMENT .................................................................... 3
6.1 Water Resiliency............................................................................................................. 3
6.2 Organic Waste Disposal ................................................................................................. 3 SECTION 7 – COMMUNITY DEVELOPMENT............................................................................. 3
7.1 Housing and Homelessness........................................................................................... 3
7.2 Commercial Cannabis .................................................................................................... 4
7.3 Travel and Tourism......................................................................................................... 4 1 SECTION 1 – INTRODUCTION
1.1 General Purpose
The City of Grover Beach Legislative Platform (Platform) is adopted to formalize Council priorities and allow for expedient promotion of the City’s interests in legislative matters.
The Platform is designed to guide the Council and staff in taking appropriate action on legislative proposals and actions in the State and Federal governments.
1.2 Authority
1.2.1 Adoption - The Platform is developed with input from all City departments and is adopted by the City Council annually.
1.2.2 City Manager Authority – The City Manager or designee may take actions to support or oppose proposed legislation without prior approval of the City Council when consistent with the platform, provided that the City Council may set or change the City’s established position on any specific legislation even it inconsistent with this Platform’s general position.
1.2.3 Limit to City Manager Authority – The City Council will maintain sole authority to establish an initial position for any proposed legislation that would result in the matter coming before voters as a statewide ballot measure, such as California constitutional amendments, a statewide bond measure, or a measure amending a previously-approved statewide ballot measure.
1.3 Distribution
Upon the Council’s annual approval, the Legislative Platform shall be distributed to California’s U.S. Senators, U.S. Congressmembers, as well as all California State Constitutional offices representing the City, all California State Senator(s) and Assemblymember(s) representing the City, the National League of Cities and the League of California Cities.
SECTION 2 – GENERAL GOVERNMENT
2.1 Local Control
• Support legislation that enhances local control for various permitting, land use, contracting and discretionary actions and allows cities to address the needs of local communities within a framework of regional cooperation
• Oppose legislation that preempts local authority and impedes the City’s ability to address community needs.
• Oppose legislation that imposes unfunded or insufficiently funded mandates by the State.
2 SECTION 3 – LOCAL GOVERNMENT FINANCE
• Support legislation that protects, increases and/or modernizes revenue streams for local priorities.
• Support legislation to provide full and prompt reimbursement to all local agencies for all state-mandated programs and/or infractions and losses associated with local revenue shifts.
• Support legislation that creates streamlined and less competitive funding opportunities for cities with smaller budgets, geographical size and population, such as the City. • Support legislation that fully funds positions in State and Federal agencies that can accelerate the prompt administration of funding and reimbursements from those agencies to the City.
• Support legislation that sustains funding for grants awarded by the State or Federal government.
• Support legislation that allows for a future, voter-approved, SLOCOG transportationspecific revenue measure to be waived from the 2% local sales tax limits in San Luis Obispo County.
• Oppose legislation that mandates new duties, responsibilities or obligations to a City under state realignment.
• Oppose legislation that increases the threshold for voters to pass new or increased state or local taxes needed to fund local services and infrastructure. • Oppose legislation that eliminates or restricts control of or creates barriers to the City’s revenue sources.
• Oppose legislation that restricts the City’s ability to contract for goods or services or otherwise increases costs of contracting for goods or services.
SECTION 4 – PUBLIC SAFETY
4.1 Emergency Response
• Support legislation to provide funding for disaster prevention efforts, emergency response planning, and training and equipment for response and recovery efforts. • Support legislation to develop and implement statewide-integrated public safety communication systems.
4.2 Crime Reduction
• Support legislation to allow for greater crime reduction in the community. 3 • Support legislation to add fentanyl to the list of illegal substances subject to the existing weight enhancements for criminal sentencing.
4.3 Victim’s Rights
• Support legislation increasing the rights of victims of crimes.
SECTION 5 – TRANSPORTATION AND PUBLIC WORKS
5.1 General Infrastructure
• Support legislation providing funding for revolving loan fund programs to assist with financing capital costs of infrastructure improvements, including facility replacements. • Support legislation to expedite project delivery processes and expand project delivery methods for use by all cities for facilities and infrastructure. • Support legislation that secures state and federal fees and taxes originally programmed for roadway repairs, highway congestion management and transportation improvement projects.
• Oppose legislation that slows, impairs or eliminates funding for public infrastructure.
SECTION 6 – RESOURCES AND ENVIRONMENT
6.1 Water Resiliency
• Support legislation and administrative actions that provide funding or grant programs for energy and water efficiency improvements.
• Support legislation that provides funding for key water supply and infrastructure grant and loan programs.
6.2 Organic Waste Disposal
• Support legislation that provides additional funding or other assistance to implement organic waste disposal requirements.
• Support legislation providing funding for smaller cities to pursue carbon neutral solutions.
SECTION 7 – COMMUNITY DEVELOPMENT
7.1 Housing and Homelessness
• Support legislation to streamline all types of housing development while protecting the City’s permitting, fees and regulatory processes.
• Support legislation to providing funding mechanisms for infrastructure needed for housing development.
4 • Support legislation providing funding for homeless services and shelter projects and operations.
• Support legislation to allow the City more flexibility in creating shelters and temporary and permanent housing.
• Support legislation to provide funding for cleanup efforts as a result of homeless encampments.
7.2 Commercial Cannabis
• Support legislation that provides for reforms of regulatory barriers to the legal cannabis industry
• Support legislation that allows for the sale of food and non-alcoholic drinks at cannabis retailers that permit onsite consumption of cannabis products.
7.3 Travel and Tourism
• Oppose legislation that would reduce or eliminate online travel agencies or platforms from collecting and remitting Transient Occupancy Tax to local jurisdictions.
League of California Cities 2025 Advocacy Priorities
1. Protect local revenues and expand economic development tools. Safeguard and modernize revenue streams for local priorities. Pursue new economic development opportunities that bolster local economies and cultivate a strong local workforce, including expanded workforce recruitment and retention tools.
2. Strengthen climate change resiliency and disaster preparedness. Support city efforts to prepare, prevent, and adapt to natural disasters and the impacts of climate change, including wildfires, drought, sea level rise, and other extreme weather events. Increase transparency and access to insurance policies, especially following a natural disaster.
3. Strengthen and modernize critical infrastructure. Dedicate new resources and protect existing funding to maintain and improve essential infrastructure, including bridges, roads, broadband, and the state’s water supply and energy grid.
4. Secure investments to prevent and reduce homelessness and increase the supply of affordable housing. Secure dedicated funding to bolster cities’ long-term planning efforts to support unhoused residents and accelerate the construction of affordable housing. Strengthen state and regional partnerships to expand access to wraparound services and improve the housing element planning process. Ensure cities have the flexibility and decision-making authority to meet their community and state housing goals and reduce homelessness.
Attachment 4