CITY COUNCIL
Joe Franklin
Mayor
Amy Howorth
Mayor Pro Tem
David Lesser
Councilmember
Steve Napolitano
Councilmember
Richard Montgomery
Councilmember
MANHATTAN BEACH CITY HALL
1400 Highland Avenue, Manhattan Beach, CA 90266
www.manhattanbeach.gov • (310) 802-5000
June 13, 2024
The Honorable Scott Wiener
Member, California State Senate
1021 O St., Ste. 8620
Sacramento, CA 95814
RE: SB 1037 (Wiener) Planning and zoning: housing element: enforcement Notice of OPPOSITION
Dear Senator Wiener,
The City of Manhattan Beach regretfully opposes 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.
The City of Manhattan Beach opposes AB 1886 as it would interfere with or limit the authority of municipalities in the area of local land use; and infringes upon the authority of local governments to effectively administer and consider unique local circumstances when processing permits and enforcing city building and safety standards.
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.
The Honorable State Senator Scott Wiener
June 13, 2024
For these reasons, the City of Manhattan Beach opposes SB 1037.
Sincerely,
Joe Franklin
Mayor
City of Manhattan Beach
Cc: City of Manhattan Beach City Council
The Honorable State Assemblymember Al Muratsuchi
The Honorable State Senator Ben Allen
South Bay Cities Council of Governments
Jeff Kiernan, League of California Cities Public Affairs Manager League of California Cities, [email protected]
California Contract Cities Association