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HomeMy WebLinkAboutConsider Positions on Legislation Pending Before the State L (7) ONTINGT 2000 Main Street, Huntington Beach,CA �C�•_.;cnnraiaiEo•�B k49� == vQ 92648 Cityof Huntington Beach SEE ATTACHED ACTION ) AGENDA PAGE FOR THE , 'UNTY VOTES"ON EACH RECOMM- ENDED ACTION File #: 23-559 MEETING DATE: 7/18/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Subject: Consider positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC). Statement of Issue: On June 21, 2023 the IRC, comprised of Mayor Tony Strickland, Mayor Pro Tern Van Der Mark, and Council Member Pat Burns, is recommending positions on legislative items including State bills and an Assembly Constitutional Amendment, which are presented to the full City Council for consideration. Financial Impact: Not applicable Recommended Action: Approve one or more of the following positions on State legislation: A) OPPOSE AB (Ward) Change of Gender and Sex Identifier B) OPPOSE AB 957 (Ward) Family Law: Gender Identity C) OPPOSE SB 58 (Wiener) Controlled Substances: Decriminalization of Certain Hallucinogenic Substances D) OPPOSE SB 253 (Wiener) Climate Corporate Data Accountability Act E) OPPOSE SB 770 (Wiener/McGuire) Health Care: Unified Health Care Financing F) OPPOSE AB 1287 (Alvarez) Density Bonus Law G) OPPOSE SB 7 (Blakespear) The Homeless Housing Obligation Act H) OPPOSE SB 555 (Wahab) Stable Affordable Housing Act of 2023 I) OPPOSE SB 584 (Limon/Caballero) Laborforce housing: Short-Term Rental Tax Law J) OPPOSE SB 50 (Bradford) Vehicles: Enforcement K) OPPOSE SB 838 (Menjivar) Victim Compensation: Use of Force by a Law Enforcement Officer L) OPPOSE Assembly Constitutional Amendment (ACA) 4- Eligibility to Vote City of Huntington Beach Page 1 of 9 Printed on 7/13/2023 poweredfi$'LegistarTm File #: 23-559 MEETING DATE: 7/18/2023 Alternative Action(s): Do not approve one or more recommended actions and direct staff accordingly. Analysis: On June 21, 2023, the IRC comprised of Mayor Strickland, Mayor Pro Tem Van Der Mark, and Councilmember Burns voted to recommend to the City Council the following positions on legislative issues. The following is a summary of the items voted upon and positions taken by the IRC. 1. AB 223 (Ward) Change of gender and sex identifier. This bill provides for specified records to be kept confidential by the courts where minors petition for a change of gender and sex identifier. In 2017, SB 179 (Atkins, Ch. 853, Stats. 2017) restructured the processes for individuals to change their names and genders to conform with their gender identity and to have these changes reflected on their birth certificates. In addition, a streamlined process was established for changing one's name and gender and having an updated birth certificate issued as part of a single petition. Specific guidelines and required procedures were laid out for petitioners. A number of bills last session further honed these processes and fine-tuned the applicable provisions, in part in response to issues identified by the Judicial Council of California. Special procedural rules apply when the petitioner is a minor. In response to concerns about the privacy and wellbeing of these minor petitioners, this bill requires petitions and associated papers to be kept confidential by the courts when a minor petitions for a change of gender and sex identifier or a name change and recognition of the petitioner's gender and sex identifier. The court is required to limit access to the records to only the minor and specified representatives of the minor, including the minor's parents or guardians and any legal representatives. Status: July 12, 2023- 3rd reading in Senate Judiciary Committee. IRC voted 3-0 to OPPOSE AB 223. 2. AB 957 (Wilson) Family law: gender identity. This bill clarifies that a family court, when determining the best interest of the child in a proceeding to determine custody or visitation for a child, shall consider, as part of the consideration of the health, safety, and welfare of the child, a parent's affirmation of the child's gender identity. Under California law, the overarching principle in a court's determination in a parental custody or visitation case is the best interest of the child. What constitutes the best interest of the child is an intensely fact-specific determination that requires the court to look at the child's health, safety, and welfare, the child's relationship with each parent, and other factors that may contribute to the overall wellbeing of the child. The Legislature has, over the past few decades, added more specific factors for courts to consider (such as in cases where there have been allegations of domestic violence) and expressly prohibited courts from considering other factors (such as the immigration status of a parent) to ensure that the child's best interest remains paramount. The City of Huntington Beach Page 2 of 9 Printed on 7/13/2023 powered94j LegistarTM File #: 23-559 MEETING DATE: 7/18/2023 consideration of a parent's affirmance, or lack thereof, will not be determinative in the court's custody or visitation order; the bill intends to clarify that gender-affirmance should be considered as part of the comprehensive determination of the child's best interest. Status: July 5, 2023- ordered to 3rd reading in Senate Judiciary Committee. IRC voted 3-0 to OPPOSE AB 957. 3. SB 58 (Wiener) Controlled substances: decriminalization of certain hallucinogenic substances. This bill makes lawful the possession, preparation, obtaining, transfer, as specified, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline, for personal use or facilitated or supported use, as defined, by and with persons 21 years of age or older. Existing law classified controlled substances into five schedules according to their danger and potential for abuse. Schedule I controlled substances have the greatest restrictions and penalties including prohibiting the prescribing of a Schedule I controlled substance. The law classifies several hallucinogenic substances including DMT, ibogaine, mescaline, psilocybin, and psilocin as Schedule I substances. Schedule I substances are defined as those controlled substances having no medical utility and that have a high potential for abuse. There is research, however, that indicates that many of these substances have therapeutic benefits. Efforts to deprioritize the policing or prosecution of conduct related to certain hallucinogens and to acknowledge the therapeutic value of hallucinogens have gained support in recent years. Since 2019, local measures to deprioritize the policing or prosecution of conduct related to hallucinogens have passed in Oakland, Santa Cruz, Ann Arbor, Denver, and Washington D.C, among others. This bill provides that all of the following is lawful for a natural person 21 years of age or older and is not a violation of state or local law: a) The possession, preparation, obtaining, or transportation of DMT, ibogaine, psilocybin, and psilocyn for personal use or for facilitated or supported use. b) The ingesting of DMT, ibogaine, psilocybin, and psilocyn. c) The possession, planting, cultivating, harvesting, or processing of plants capable of producing DMT, ibogaine, psilocybin, or psilocyn, on property owned or controlled by a person, for personal use or for facilitated or supported use by that person, and possession of any product produced by those plants including spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocin for that purpose. d) The assisting of another person, 21 years of age or older, with any of the above acts. Status: July 11, 2023-referred to Appropriations Committee. IRC voted 3-0 to OPPOSE SB 58. City of Huntington Beach Page 3 of 9 Printed on 7/13/2023 powered$y LegistarTM File #: 23-559 MEETING DATE: 7/18/2023 4. SB 253 (Wiener) Climate Corporate Data Accountability Act. This bill would require any partnership, corporation, limited liability company, or other U.S. business entity with total annual revenues in excess of one billion dollars and that does business in California to publicly report their annual greenhouse gas (GHG) emissions, as specified by the California Air Resources Board (ARB). Existing law requires ARB, pursuant to California Global Warming Solutions Act of 2006 to adopt a statewide GHG emissions limit equivalent to 1990 levels by 2020, and requires corporations in California to report specified operating information to the Secretary of State. This bill establishes the Climate Corporate Data Accountability Act and requires, on or before January 1, 2025, ARB to develop and adopt regulations to require a reporting entity to annually disclose to the emissions reporting organization and verify all of the reporting entity's Scope 1, 2, and 3 emissions. According to the Senate Appropriations Committee, this bill would result in unknown ongoing costs, likely in the millions of dollars annually (General Fund) for ARB to implement the provisions of this bill. These costs would be offset by revenues from an annual filing fee on reporting entities. Status: July 10, 2023- referred to Appropriations Committee IRC voted 3-0 to OPPOSE 5. SB 770 (Wiener/McGuire) Health care: unified health care financing This bill directs the Secretary of the California Health and Human Services Agency to pursue waiver discussions with the federal government with the objective of a unified health care financing system that incorporates specific features, including a comprehensive package of medical, behavioral health, pharmaceutical, dental, and vision benefits, without cost sharing for essential services and treatments. This bill requires the Secretary of the California Health and Human Services Agency (CalHHS) to pursue discussions with the federal government to obtain a waiver to enable creation of a comprehensive health care system with unified financing (UF). The bill specifies that the health care system will include comprehensive benefits, including medical, behavioral health, drug, dental, vision, and long-term care services; no cost sharing for essential services; greater freedom for patients to choose providers; UF; cost-effectiveness by leveraging purchasing power; a program to ensure a just transition for individuals whose jobs are disrupted by the creation of a single payer system; sufficient reserves to guarantee solvency during public health emergencies and other economic disruptions; and other features. The bill also requires the Secretary of CaIHSS (Secretary) to establish a Waiver Development Workgroup (workgroup) to advise the Governor on federal negotiations, and requires the Secretary to report to the Legislature, no later than June 1, 2024, recommendations regarding the elements to be included in a formal waiver application, and all legislative actions necessary to proceed with the application and establish a UF system consistent with the outcomes of CalHHS's discussions with the federal government. City of Huntington Beach Page 4 of 9 Printed on 7/13/2023 powered$f'LegistarTM File #: 23-559 MEETING DATE: 7/18/2023 According to CalHHS, establishing the workgroup, conducting quarterly meetings, providing quarterly updates, and submitting a report to the Legislature with recommendations by June 2024 will cost CalHHS an indeterminate amount, potentially in the low millions of dollars for fiscal year 2023-24 and ongoing (General Fund). Status: July 12, 2023-first reading in Assembly Appropriations Committee. IRC voted 3-0 to OPPOSE 6. AB 1287 (Alvarez) Density Bonus Law. Requires a city, county, or city and county to grant additional density, concessions, and incentives if an applicant agrees to include additional low or moderate-income units on top of the maximum amount of units for lower, very low, or moderate-income units. State law, known as density bonus law, grants certain benefits to developers who build affordable units in order to encourage greater affordable housing production. Density bonus law requires cities and counties to grant a density bonus when an applicant for a housing development of five or more units seeks and agrees to construct a project that will contain at least one of the following: • 10% of the total units of a housing development for lower income households; • 5% of the total units of a housing development for very low-income households; • A senior citizen housing development or mobile home park; • 10% of the units in a common interest development (CID) for moderate-income households; • 10% of the total units for transitional foster youth, disabled veterans, or homeless persons; or • 20% of the total units for lower income students in a student housing development. If a project meets one of these conditions, the city or county must allow an increase in density on a sliding scale from 20%-50% over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan, depending on the percentage of affordable units. Density bonus law also grants certain reductions in minimum parking requirements and grants "incentives or concessions" that can be used to modify development policies that add costs or reduce the number of units a developer can build on a site. The number of incentives or concessions a project may be eligible for is based on the percentage of affordable units contained in the project, up to a maximum of four. Incentives and concessions can vary widely based on the individual projects, but examples can include reduced fees, waivers of zoning codes, or reduced parking requirements. Density bonus law also allows developer waivers of any development standards that physically prevents the developer from constructing a project at the density allowed, along with the incentives or concessions, under density bonus law. Assembly Bill 1287 expands density bonus for certain projects that already qualify for bonuses. First, AB 1287 increases the number of incentives or concessions for 100% affordable projects from four to five. Second, AB 1287 grants projects that include at least 16% of units for very low- income households, or at least 45% for moderate income in a development in which the units are for sale, four incentives or concessions. Third, AB 1287 requires a local agency to grant additional density bonus when an applicant proposes to construct a housing development that does the City of Huntington Beach Page 5 of 9 Printed on 7/13/2023 powered$ij LegistarTM File #: 23-559 MEETING DATE: 7/18/2023 following: • Dedicates at least 10% of total units for lower-income households; • Includes additional rental or for-sale units for very low- or moderate-income households; and • Meets any of the following: • For projects with base density units of 10% for lower-income households, provides 24% of total units to lower-income households; • For projects with base density units of 5% of total units for very low-income households, provides 15% of total units to very low-income households; ■ For projects with base density units of 10% of total units for sale to moderate income households, provides 44% of total units to moderate-income units. Status: July 10, 2023- Referred to Senate Appropriations Committee IRC voted 3-0 to OPPOSE 7. SB 7 (Blakespear) The Homeless Housing Obligation Act. SB 7 would require the regional housing needs assessment (RHNA) to include homeless as an income category for local housing element planning purposes, and enact the Homeless Housing Obligation Act, which requires each city and county to develop a housing obligation plan to provide housing opportunities for each homeless person within its jurisdiction by January 1, 2030, as specified. The bill would also require the Department of Housing and Community Development (HCD) to develop and administer a new program, upon appropriation of funding by the Legislature, to provide grants to cities, counties, and nonprofit housing entities to fulfill the obligations to provide housing opportunities for homeless persons. Status: May 15, 2023- placed in Suspense File. IRC voted 3-0 to OPPOSE 8. SB 555 (Wahab) Stable Affordable Housing Act of 2023. This bill creates the Stable Affordable Housing Act of 2023 (Act) for the purposes of planning for the development of social housing through a mix of acquisition and new production. SB 555 sets a 10-year goal for the state to create 1.2 million units of social housing through a mix of acquisition and new production; Sets a five-year goal for the state to create 600,000 units of social housing through a mix of acquisition and new production, of which no less than 200,000 units are affordable to extremely low-income and very low-income households; and requires the Department of Housing and Community Development (HCD), no later than January 1, 2025, to develop, adopt, and submit to the Legislature a Social Housing Plan for achieving the social housing unit goals set forth in the Act. The bill requires HCD to submit an annual report to the Governor and the Legislature, beginning January 1, 2026, on the state's progress toward achieving the goals of the Act, the implementation status and outcomes of all programs and actions, and recommendations for executive and legislative action. Fiscal effects to the state are unknown. City of Huntington Beach Page 6 of 9 Printed on 7/13/2023 powered:,:'LegistarTA4 File #: 23-559 MEETING DATE: 7/18/2023 Status: June 29, 2023 - referred to Assembly Appropriations Committee. IRC voted 3-0 to OPPOSE 9. SB 584 (Limon/Caballero) Laborforce housing: Short-Term Rental Tax Law This bill requires a 15% state short-term rental (STR) occupancy tax to be collected, as specified, and allocates the funds for the construction, acquisition and rehabilitation of affordable housing and renter protection programs, as specified. This bill creates a new program at HCD, which would finance "laborforce" housing units and provide grants to cities, counties, local housing authorities, and eligible non-profits. The City of Huntington Beach imposes a transient occupancy tax (TOT) of 10%. Both tourism and hospitality are essential economic drivers and TOT is a primary source of General Fund revenue. Imposing a 15% statewide tax, combined with the 10% local rate, would result in a total tax rate of 25% for Huntington Beach. Laborforce housing administration and funding uses: • Authorizes public entities, local housing authorities, and nonprofit housing provides to receive funding from the Fund. • Authorizes HCD to use any funds for administration purposes. • Requires no less than 65% of the funds to be allocated to the creation of laborforce housing through new construction. • Requires no more than 30% of the funds to be used for the creation of laborforce housing through the acquisition and rehabilitation of existing housing. • Requires a maximum of 5% of the funds to be used to meet the operating needs of projects and for planning and implementation of local housing or renter protection programs, and authorizes up to 5% to be utilized for administration. Status: June 15, 2023- referred to Assembly Committees on Housing & Community Development and Revenue & Taxation. IRC voted 3-0 to OPPOSE 10. SB 50 (Bradford) Vehicles: enforcement This bill prohibits peace officers from initiating a traffic stop for specified low-level infractions unless a separate, independent basis for a stop exists, and to authorize local authorities to enforce traffic violations through the use of non-sworn government employees. Existing law provides that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause. SB 50 prohibits a peace officer from stopping or detaining the operator of a motor vehicle or a bicycle for a low-level infraction unless there is a separate independent basis to initiate the stop, or unless more than one low-level infraction is observed. This bill would define "low-level infraction" as any violation related to vehicle registration or vehicle equipment, the position or City of Huntington Beach Page 7 of 9 Printed on 7/13/2023 powered$'LegistarTM File #: 23-559 MEETING DATE: 7/18/2023 number of license plates, vehicle lighting not illuminating if it is a single light or single bulb, bumper equipment and bicycle equipment or operation. While the bill does limit the permissible bases for a traffic stop to some degree, there are still hundreds of traffic violations for which an officer could initiate a stop, even as a pretext to investigate other potential crimes. For violations where an officer does not have grounds to stop or detain a motorist or bicyclist, and the officer can identify the owner of the vehicle, this bill would allow the officer to send a citation or fix-it ticket to the motorists home address. Status: July 11, 2023- referred to Assembly Appropriations Committee. IRC voted 3-0 to OPPOSE 11. SB 838 (Menjivar) Victim compensation: use of force by a law enforcement officer SB 838 would revise the definition of "crime" for purposes of the Victim Compensation Program (VCP) to include an incident in which an individual sustains serious bodily injury or death as the result of a law enforcement officer's use of force. This bill would allow compensation claims for incidents in which an individual sustains serious bodily injury or death as the result of a law enforcement officer's use of force. Status: Placed in Suspense File. IRC voted 3-0 to OPPOSE 12. Assembly Constitutional Amendment 4- Eligibility to Vote Repeals a constitutional requirement for the Legislature to provide for the disqualification of electors while serving a state or federal prison term for the conviction of a felony, subject to the approval of the voters. California law does not restrict the voting rights of people who are on probation or parole, or who are on other types of supervision as a result of a criminal proceeding (such as mandatory supervision, post-release community supervision, or federal supervised release). Until 2020, California law prohibited a person who was on parole for the conviction of a felony from registering to vote or voting. ACA 6 (McCarty), Chapter 24, Statutes of 2020, proposed an amendment to the state constitution to allow a person who is on parole for the conviction of a felony to register to vote and to vote. ACA 6 was approved by the Assembly by a 54-19 vote and appeared on the ballot at the November 2020 statewide general election as Proposition 17. According to the final official election results prepared by the Secretary of State, Proposition 17 was approved by the voters with 58.6% of ballots cast in favor of the amendment. State law does not restrict the voting rights of individuals who are in a local detention facility while doing any of the following: 1) serving a misdemeanor sentence, 2) serving jail time as a condition of probation, 3) serving a felony jail sentence, or 4) awaiting trial. A person who is in a local detention facility while serving a state prison term is not eligible to vote under existing law. As a constitutional amendment, this measure requires the approval of the voters to take effect. Status: May 18 ordered to 3rd reading in Assembly Appropriations Committee. City of Huntington Beach Page 8 of 9 Printed on 7/13/2023 powered9Q'LegistarM File #: 23-559 MEETING DATE: 7/18/2023 IRC voted 3-0 to OPPOSE Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. IRC Position Letters City of Huntington Beach Page 9 of 9 Printed on 7/13/2023 powered9i1j Legistart' City Council/ ACTION AGENDA July 18, 2023 Public Financing Authority Approve the comment letter, and direct staff to submit the letter to the FAA. Approved 7-0 7. 23-559 Considered positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC) Recommended Action: Approve one or more of the following positions on State legislation: A) OPPOSE AB (Ward) Change of Gender and Sex Identifier Approved 4-1-2 (Bolton-No; Kalmick, Moser-Abstain) B) OPPOSE AB 957 (Ward) Family Law: Gender Identity Approved 4-1-2(Bolton-No; Kalmick, Moser-Abstain) C) OPPOSE SB 58 (Wiener) Controlled Substances: Decriminalization of Certain Hallucinogenic Substances Approved 4-0-3(Kalmick, Moser, Bolton-Abstain) D) OPPOSE SB 253 (Wiener) Climate Corporate Data Accountability Act Approved 4-0-3(Kalmick, Moser, Bolton-Abstain) E) OPPOSE SB 770 (Wiener/McGuire) Health Care: Unified Health Care Financing Approved 4-0-3(Kalmick, Moser, Bolton-Abstain) F) OPPOSE AB 1287 (Alvarez) Density Bonus Law Approved 7-0 G) OPPOSE SB 7 (Blakespear) The Homeless Housing Obligation Act Approved 4-0-3(Kalmick, Moser, Bolton-Abstain) H) OPPOSE SB 555 (Wahab) Stable Affordable Housing Act of 2023 Approved 4-0-3(Kalmick, Moser, Bolton-Abstain) I) OPPOSE SB 584 (Limon/Caballero) Laborforce housing: Short-Term Rental Tax Law Approved 4-0-3(Kalmick, Moser, Bolton-Abstain) J) OPPOSE SB 50 (Bradford) Vehicles: Enforcement Approved 4-0-3(Kalmick, Moser, Bolton-Abstain) K) OPPOSE SB 838 (Menjivar) Victim Compensation: Use of Force by a Law Enforcement Officer Approved 4-0-3(Kalmick, Moser, Bolton-Abstain) L) OPPOSE Assembly Constitutional Amendment (ACA) 4- Eligibility to Vote Approved 4-0-3(Kalmick, Moser, Bolton-Abstain) 8. 23-587 ITEM TABLED TO A DATE UNCERTAIN • Recommender! Action• Approve participation in the Surfrider Foundation's Oc an Friendly Communities Pilot Program. COMMUNITY AND LIBRARY SERVICES 9. 23-504 Approved the design and installation of a chronological plaque depicting the restoration milestone efforts of community volunteers at Norma Brandel Gibbs Park as recommended by the Community & Library Service Commission Page 4 of 8 „oirzpL CITY OF HUNTINGTON BEACH ��- yt. 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 TONY STRICKLAND MAYOR July 19, 2023 The Honorable Tom Umberg Chair, Senate Judiciary Committee 1021 0 Street, Room 3240 Sacramento, CA 95814 Subject: AB 223 (Ward) — Change of Gender and Sex Identifier City of Huntington Beach - OPPOSE Dear Chair Umberg, The City of Huntington Beach respectfully opposes AB 223. AB 223 will limit access to court records, creating a dangerous precedent of hiding minor's legal dealings from concerned adults. By limiting access to documents that are already difficult to acquire, this creates a dangerous precedent and complicates the process of involving a community of adults speaking into the life of a minor. The bill makes it more difficult for concerned adults to be involved in a minor's life. Please vote "No” on AB 223. Sincerely,� I' -1 Tony Strickland Mayor Cc: Senate Judiciary Committee Assemblymember Chris Ward Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office:714.536.5553 „,„,,___.., i/col.N6to.,,, i!,,t,\,:: CITY OF HUNTINGTON z EACH � � 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 , _.. TONY STRICKLAND MAYOR July 19, 2023 The Honorable Tom Umberg Chair, Senate Judiciary Committee 1021 0 Street, Room 3240 Sacramento, CA 95814 Subject: AB 223 (Ward) — Family Law: Gender Identity City of Huntington Beach - OPPOSE Honorable Thomas Umberg, The City of Huntington Beach respectfully opposes AB 957.AB 957 will require California courts to consider a parent's affirmation of their child's new gender identity in custody disputes. This bill will interfere with parental vision and personal religious views. The potential denial of custody rights to a parent is cruel and hurts both the parent and the child by severing the most important relationship in that child's life — a relationship that is essential to the health and well-being of the child. Please vote "No” on AB 957. Sincerely, e."--'------H2Off/ I4 Tony Strickland Mayor Cc: Senate Judiciary Committee Assemblymember Chris Ward Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office:714.536.5553 „`�ttittr�cro '°��' �x.y° CITY OF HUNTINGTONBEACH ° � �1Q” 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 `__L?O Mii cY TONY STRICKLAND MAYOR July 19, 2023 The Honorable Jim Wood Chair, Assembly Health Committee 1020 N Street, Room 390 Sacramento, California 95814 Subject: SB58(Wiener)-Controlled Substances: Decriminalization of Certain Hallucinogenic Substances City of Huntington Beach—OPPOSE Dear Chair Wood, On behalf of the City of Huntington Beach, I write to you in respectful OPPOSITION to SB 58 (Wiener), which would make lawful the possession of psilocybin, psilocyn, dimethyltryptamine(DMT), ibogaine, and mescaline for personal use by people 21 years of age or older. SB58, like its predecessor SB 519(Wiener, 2021), poses a clear and present danger to public safety. This bill would legalize the use of several addictive and dangerous, illicit drugs. These drugs pose a threat to public safety as they alter the relationship between the user and reality. While under the influence of these drugs, the ability of the user to maintain control of their mental faculties is greatly diminished, placing themselves and those around them at significant risk for physical harm. Aside from the risks posed to individuals and the public from using these dangerous drugs, this bill further erodes public safety by removing the criminal disincentive from using these drugs. By removing the criminal penalties for possessing and using these dangerous drugs,this bill increases the likelihood of their use and the likelihood that individuals will seek them out in the drug market. Individuals also face further danger from purchasing these substances,which are often adulterated with other more lethal substances. Finally, it is often the most vulnerable populations,and those who have the weakest support systems,that are most susceptible to the increased access and use of drugs. At a time when every jurisdiction should be working together to aid our most vulnerable populations, SB 58 will make it more difficult for them to escape the cycle of hallucinogenic substance use,which frequently occurs in these areas. For these reasons, the City of Huntington Beach must respectfully OPPOSE SB 58, Sincerely, d'--------'MO Tony Strickland Mayor Cc: Assembly Health Committee Senator Scott Wiener Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta • Fax 714.536.5233 Office: 714.536.5553 11',h ,,4TINGT,r CITY OF HUNTINGTON BEACH �F oTT41'ir, �n\i 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 N-ooUfJTY ;`,/ TONY STRICKLAND MAYOR July 19, 2023 The Honorable Tom Umberg Chair, Senate Judiciary Committee 1021 0 Street, Room 3240 Sacramento, CA 95814 Subject: AB 957 (Wilson) — Family Law: Gender Identity City of Huntington Beach - OPPOSE Honorable Thomas Umberg, The City of Huntington Beach respectfully opposes AB 957. AB 957 will require California courts to consider a parent's affirmation of their child's new gender identity in custody disputes. This bill will interfere with parental vision and personal religious views. The potential denial of custody rights to a parent is cruel and hurts both the parent and the child by severing the most important relationship in that child's life — a relationship that is essential to the health and well-being of the child. Please vote "No" on AB 957. Sincerely, Tony Strickland Mayor Cc: Senate Judiciary Committee Assemblymember Chris Ward Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office:714.536.5553 „� �TSSENG`tg� . " - ,�� CITY OF HUNTINGTON BEACH 15” 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 `���UN1 V M:4��\ , TONY STRICKLAND MAYOR July 19, 2023 The Honorable Chris Holden Chair, Assembly Appropriations Committee 1021 0 Street, Suite 8220 Sacramento, California 95814 Subject: SB 253 (Wiener)— Climate Corporate Data Accountability Act City of Huntington Beach-OPPOSE Dear Chair Holden, On behalf of the City of Huntington Beach, I write to you in respectful OPPOSITION to SB 253 (Wiener), which imposes added costs for business, large and small, to do business in California through additional reporting requirements. California should continue to implement and build upon existing programs and policies to regulate and monitor in-state emissions rather than seek to obtain emissions data throughout the international supply chain, especially seeing how it would have no authority to regulate emissions beyond the California border. Out-of-state or non-California companies would challenge such authority, or simply ignore it. Although SB 253 identifies a large threshold for applicability, the bill requires companies to track emissions not only for its California sites or products, but also requires emissions tracking of distant upstream and downstream supply chains. Those small and medium-sized businesses are likely under resourced and will struggle to accurately measure their GHG emissions, leaving these companies without the contracts that enable them to grow and employ more workers. This has the ability to create inefficient supply chains that will further add costs to the end-user. For these reasons, the City of Huntington Beach must respectfully OPPOSE SB 253. Sincerely, Aii ,c---------,01. Tony Strickland Mayor Cc: Assembly Appropriations Committee Senator Scott Wiener Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office: 714.536.5553 �����gST1NGTp CITY OF HUNTINGTON BEACH a+ IQ 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 -2, U'4 'w• TONY STRICKLAND MAYOR July 19, 2023 The Honorable Chris Holden Chair, Assembly Appropriations Committee 1021 0 Street, Suite 8220 Sacramento, California 95814 Subject: SB 770 (Wiener/McGuire) - Health Care: Unified Health Care Financing City of Huntington Beach -OPPOSE Dear Chair Holden, On behalf of the City of Huntington Beach, I write to you in respectful OPPOSITION to SB 770 (Wiener/McGuire). This bill would establish a working group to advise the governor in informal conversations with the federal government about waivers to capture federal funds for a unified financing health care system.This bill takes tangible steps on a concrete timeline toward achieving universal healthcare in California. The waivers would redirect all current funding from the federal government used for Medi-Cal and Medicare to finance a government monopoly of medical, behavioral health, pharmaceutical, dental, vision, and long-term care benefits. This will implement government run medicine, which will dictate which medicines and medical treatments Californians will be allowed to have. For these reasons, the City of Huntington Beach must respectfully OPPOSE SB 770. Sincerely, Tony Strickland Mayor Cc: Assembly Appropriations Committee Senator Scott Wiener Senator Mike McGuire Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office:714.536.5553 ,,,�,UcI� rO CITY OFHUNTINGTON BEACH U ? 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 IlifittW 9yc;4:9.1ii---- TONY STRICKLAND MAYOR July 19, 2023 The Honorable Chris Holden Chair, Assembly Appropriations Committee 1021 0 Street, Suite 8220 Sacramento, California 95814 Subject: AB 1287 (Alvarez)—Density Bonus Law City of Huntington Beach -OPPOSE Dear Chair Holden, On behalf of the City of Huntington Beach, I would like to express our respectful opposition to AB 1287-- Density Bonus Law: Additional Density Bonus and Incentives or Concessions. Assembly Bill 1287 would require a city or county to grant a housing development an additional density bonus should the project provide 24% of the base density units to lower income households, 15% of the base density units to very-low income households, or 44% of the total units to moderate-income units. The City's position on AB1287 derives from our understanding that the bill limits cities' local policing powers over housing development processes in their own jurisdictions. As an organization, we believe cities have the ability and authority to fashion housing and development policies that best fit the needs of their communities .Every city is different, and these unique attributes should be a key consideration when developing policies that will impact local communities. In its current form, the Density Bonus Law already serves as a robust set of rules and incentives for housing developments across the State. By adding new layers of requirements to the Density Bonus Law, AB 1287 would broaden a one-size-fits-all approach to developing housing, limiting cities' ability to address the specific housing needs of their constituents. For these reasons, the City of Huntington Beach respectfully opposes AB 1287. Sincerely, ,,e`-*- ----:09/— l r Tony Strickland Mayor Cc: Assembly Appropriations Committee Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office: 714.536.5553 V Y' CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 TONY STRICKLAND MAYOR July 19,2023 The Honorable Catherine Blakespear 1021 0 Street,Suite 7340 Sacramento, California 95814 Subject:SB 7-The Homeless Housing Obligation Act City of Huntington Beach-OPPOSE Dear Senator Blakespear, On behalf of the City of Huntington Beach, I would like to express our respectful opposition to SB 7, which requires each city and county to provide housing opportunities for homeless individuals within its jurisdiction, based on their most recent point-in-time count. Specifically, SB 7 would require local governments to plan for and provide housing for homeless individuals within its jurisdiction based on point-in-time (PIT) counts.This obligation is duplicative of existing housing element law, which already requires cities to assess the need for emergency shelter based on the most recent PIT count and assist in developing adequate housing to meet the needs of extremely low-income households. Housing element law also currently requires cities to identify sites and encourage the development of a variety of housing, including supportive housing and transitional housing. Rather than duplicate existing planning efforts, the Legislature should focus on providing funding directly to cities to realize these plans, and spur much needed development. We agree that funding is needed to support cities in addressing the state's homelessness crisis. However, SB 7 lacks critical details about the funding source and the administration of the proposed Housing Obligation Fund. SB 7 does not clearly identify an ongoing source of funding and determination of how those dollars will be allocated. Given the potential of billions of dollars in costs to local governments to implement SB 7, cities that do not receive state funding cannot be expected to fulfill this new obligation. For these reasons,the City of Huntington Beach respectfully opposes SB 7. Siincceerre`l"y, Tony Strickland Mayor Cc: Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office: 714.536.5553 40GTO CITY OF HUNTINGTON BEACH � )Q 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 9y iQ �E:_c,,,,, , TONY STRICKLAND MAYOR July 19, 2023 The Honorable Chris Holden Chair, Assembly Appropriations Committee 1021 0 Street, Suite 8220 Sacramento, California 95814 Subject: SB 555 (Wahab) — Stable Affordable Housing Act of 2023 City of Huntington Beach - OPPOSE Dear Chair Holden, On behalf of the City of Huntington Beach, I write in respectful opposition of SB 555. If passed, it will contribute to the State's grasp for housing and ultimately interfering with local control. SB 555 would require the state to buy thousands of existing homes contending with the private market potentially driving up prices even more. SB 555 would allow the state to buy single-family homes to convert to social housing instead of focusing solely on building new projects, making it harder for working Californians to achieve homeownership. For these reasons, the City of Huntington Beach respectfully opposes SB 555. Sincerely, /11 Tony Strickland Mayor Cc: Assembly Appropriations Committee Senator Aisha Wahab Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office: 714.536.5553 1,�kaUN°,t, r° CITY OF HUNTINGTON BEACH Q " QE 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 cFcoU;Y''�i�r TONY STRICKLAND MAYOR July 19, 2023 The Honorable Buffy Wicks Chair, Housing and Community Development Committee 1020 N Street, Room 156 Sacramento, California 95814 Subject: SB 584 (Limon) — Laborforce Housing: Short-Term Rental Tax Law City of Huntington Beach - OPPOSE Dear Chair Wicks, On behalf of the City of Huntington Beach, I write in respectful opposition of SB 584,which requires a 15%statewide short-term rental (STR) occupancy tax to be collected and used for labor force housing. SB 584 defines a "short-term rental" as the occupancy of a home, house, a room in a home or house or other lodging that is not a hotel, inn, motel, or bed and breakfast in this state for a period of 30 days or less. Our community supports equitable and affordable housing creation and balanced short- term rental laws. A 15% tax on short-term rentals is not a balanced approach. It would be devastating for short-term rental owners and managers across the State, the network of small businesses that depend on them, the State's tourism economy at large and local communities. Short-term rentals provide additional lodging options for leisure and business travel. An additional 15% tax would ultimately harm visitors and the small businesses that rely on them while making this California lodging segment's pricing uncompetitive with other out-of-state destinations. This tax will discourage visitors from booking these accommodations and the tourism industry and communities across our State will suffer. This bill would give the Department of Housing and Community Development (HCD) unilateral authority over the collected funds with no guarantee that the resources will be reinvested in our community. Moreover, this bill creates complex and burdensome obligations by establishing the first-ever statewide assessment on STRs. Finally, SB 584 mandates the use of project labor agreements for all construction and rehabilitation work that would take place, creating a significant hurdle to achieving the housing goals of this bill. With a potential decline in tourism on the horizon, as well as an expected decline in the jobs and services it provides, this will cause an unnecessary financial strain on the city and our community. Short-term rentals provide an important option for traveling families who may not otherwise be able to afford comparable accommodations or have differing needs for Fax 714.536.5233 Office: 714.636.5553 lodging accommodations. By imposing this unfairly steep tax, SB 584 puts this important lodging option out of reach for many travelers, disproportionately affecting lower-income travelers and homeowners who use their home to augment their income or plan for retirement. For these reasons, the City of Huntington Beach respectfully opposes SB 584. Sincerely, ogy Tony Strickland Mayor Cc: Senate Committee on Housing and Community Development Senator Monique Limon Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.6233 Page 2 of 2 Office: 714.536.5575 ::tia--tz-i9 Q 2000 MAIN STREET, HUNTING-TON BEACH, CALIFORNIA 92648-2702 VAIiilVA TONY STRICKLAND MAYOR July 19, 2023 The Honorable Aisha Wahab Chair, Senate Public Safety Committee 1020 N Street, Room 545 Sacramento, California 95814 Subject: SB 50 (Bradford)— Vehicles: Enforcement City of Huntington Beach -OPPOSE Dear Chair Wahab, On behalf of the City of Huntington Beach, I would like to express our respectful opposition for Senate Bill 50, which prohibits peace officers from initiating a traffic stop for specified low-level infractions unless a separate, independent basis for a stop exists, or if more than one low-level infraction is observed. SB 50 states that a violation of these provisions is not grounds for a defendant to move for return of property or to suppress evidence and authorizes local authorities to enforce traffic violations through the use of non-sworn government employees. This provision in SB 50 jeopardizes public safety, undermines the rule of law, and reduces accountability for low-level infractions. We want to keep our community safe, and the provisions in SB 50 add barriers to that goal. For these reasons, the City of Huntington Beach respectfully opposes SB 50. Sincerely, d'-'-'--1,,,thloo Tony Strickland Mayor Cc: Senate Committee on Public Safety Senator Steven Bradford Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office: 714.536.5553 ,o���s�Ti+ac'rpy� CITY OF HUNTINGTON BEACH Y•tio. 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 TONY STRICKLAND MAYOR July 19, 2023 The Honorable Caroline Menjivar Chair, Senate Public Safety Committee 1021 0 Street, Suite 6720 Sacramento, California 95814 Subject: SB 838 (Menjivar)— Victim Compensation: Use of Force by a Law Enforcement Officer City of Huntington Beach—OPPOSE Dear Senator Menjivar, On behalf of the City of Huntington Beach, I would like to express our respectful opposition for SB 838.The victim compensation program was created in 1965, the first such program in the country. The program provides compensation for victims of violent crime,and it reimburses eligible victims for many crime-related expenses, such as counseling and medical fees. Funding for the CaIVCB comes from restitution fines and penalty assessments paid by criminal offenders, as well as federal matching funds. SB838 would prohibit the California Victims Compensation Board (CalVCB) from denying funds based on the victim's involvement in a crime, the victim's failure to cooperate, or the contents of a police report, or the lack thereof. CalVCB may deny funds only if the victim is convicted of a violent felony that resulted in death or serious bodily injury. The restitution fund is limited and should be reserved for victims of crime. Persons who are unlawfully injured or killed by police should be entitled to compensation. However,this bill allows persons who are lawfully injured or killed while engaging in serious and dangerous crimes to demand compensation unless they fall into one of two very limited exceptions. The Restitution Fund is the source of CalVCB reimbursements. It operated under a structural deficiency for a number of years.Although revenue has remained consistent,expenditures have outpaced revenues since FY 2015-16. By expanding the criteria for CalVCB reimbursement claims, which are paid out of the continuously appropriated Restitution Fund, this bill would appropriate moneys from the General Fund. For these reasons, the City of Huntington Beach respectfully opposes SB 838. Sincerely, Tony Strickland Mayor Cc: Senate Committee on Public Safety Senator Steven Bradford Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office: 7'14.536.5553 ��..� nNry 1C1f � �IQE 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 vmftwei CITY OF HUNTINGTON BEACH TONY STRICKLAND MAYOR July 19, 2023 The Honorable Isaac Bryan Assembly Majority Leader P.O. Box 942849 Sacramento, CA 94249-0055 Subject: Assembly Constitutional Amendment 4: Eligibility to Vote City of Huntington Beach - OPPOSE Dear Assemblymember Bryan, On behalf of the City of Huntington Beach, I write to you in respectful OPPOSITION to ACA 4, which would repeal a constitutional requirement for the Legislature to provide for the disqualification of electors while serving a state or federal prison term for the conviction of a felony, subject to the approval of the voters. In opposition to this measure, convicted individuals must necessarily lose many freedoms and civil rights that law-abiding citizens can enjoy like the rights of speech or expression, movement, parental privilege, even personal liberties and recreation. Until quite recently, one of the freedoms lost almost everywhere has been the right to vote. When a person voluntarily breaks the social contract and hurts someone or takes another's property, societies worldwide have seen the logic in removing their right to participate in the activity of choosing society's governors and governing policies. Voting is a privilege and not an absolute right of citizenship. Losing the right to vote, as an incarcerated felon, is part of paying debt to society. This is not an issue of disenfranchisement because each felon is treated equally, in losing their right to vote, while incarcerated. Upon serving their sentence, felons equally can have their rights restored. For these reasons, the City of Huntington Beach respectfully opposes Assembly Constitutional Amendment 4. Sincerely, f Tony Strickland Mayor Cc: Senator Dave Min Senator Janet Nguyen Assemblymember Diane Dixon Assemblymember Tri Ta Fax 714.536.5233 Office: 714.536.5553 From: Fikes,Cathy To: Agenda Alerts Subject: FIN:7-18-23 Council meeting Legislative positions Date: Friday,July 14,2023 9:01:18 AM From: pacj<pacj_03@yahoo.com> Sent:Thursday,July 13, 2023 9:43 PM To:CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>; Estanislau, Robin <Robin.Estanislau@surfcity-hb.org> Subject:7-18-23 Council meeting Legislative positions In reviewing the agenda for the 7-18 meeting,there is an agenda item which recommends positions on various pieces of legislation. Some of the legislation reviewed does not appear to have a direct impact on the City. The IRC is a city council subcommittee that looks at pending legislation and how that legislation could affect the City. "The IRC was established to allow a more comprehensive focus on pending legislation that could impact the City." That's a pretty broad definition. Under prior councils Erik Peterson employed a narrowed definition. He advocated that the Council only take positions on that legislation having a probable direct impact on the City. I implore you to honor the narrower definition and not take positions on A,B,D,E,or L. Thank you. Pat Quintana SUPPLEMENTAL COMMUNICATION Meeting Date: 5V/F/-Z3 Agenda Item No.: 7-(023 —5 SG7) From: Fikes.Cathy To: Aaenda Alerts Subject: RN: Public Comment Item 7&17,Tuesday,July 18,2023 Date: Friday,July 14,2023 3:25:43 PM From:Tasty<channelfrequency@gmail.com> Sent: Friday,July 14, 2023 3:11 PM To:CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Public Comment Item 7 & 17,Tuesday,July 18, 2023 Item 7 I urge support of D) SB 253 —Climate Corporate Data Accountability Act. business entities with total annual revenues in excess of$1,000,000,000 and that do business in California, defined as "reporting entities, "to publicly disclose to the emissions reporting organization Supporting this bill allows for greenhouse gases and toxins to be reported and thus to be held legally liable in all energy cases. Without liability,the safety, maintenance, conservation and recycling of multiple, current energy systems is inhibited from occurring in a timely manner. This affects all sectors. Item 17 Please don't allow the construction of cellular towers or unknown devices in the city. It's proven that cellular waves do exist and a person can feel the waves stinging when too close to a cellular object. The disappearance of landline telephones from the CI &public sectors shouldn't be tolerated. The safety, practicality & reliability of landlines is far superior to the convenience of cell phones. There are too many cellular towers in the city. They produce a violation of people's bodies,the limit should be set here. - Ben SUPPLEMENTAL COMMUNICATION Meeting Oats. /,/g�-23 Agenda Item No.; 622 -55z7) Moore, Tania From: Fikes, Cathy Sent: Monday,July 17, 2023 3:41 PM To: Agenda Alerts Subject: FW:July 18 2023 Agenda Item#4 - Keep to City business... not children's gender issues and health care finance From: Paula Schaefer<pas92649@gmail.com> Sent: Monday,July 17, 2023 3:04 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:July 18 2023 Agenda Item #, Keep to City business... not children's gender issues and health care finance Mayor Strickland and Council Members: Please focus your efforts on City issues and stop wasting your time opposing potential CA legislation related to gender issues of children and health care finance. Leave gender issues of children to their parents and their medical professionals. Allow the state's finance professionals to have discussions with federal health care professionals; why is this a city issue? Paula Schaefer SUPPLEMENTAL COMMUNICATION Meeting Date: 7/i 8'Oaoa 3 Agenda Item No.; 7 (2366 ) Moore, Tania From: Michelle Larsson <misunsetca@hotmail.com> Sent: Monday,July 17, 2023 3:07 PM To: supplementalcomm@surfcity-hb.org Subject: Council Meeting 7/18 I also agree with your stance on opposing the Legislative bills. Thank you, Michelle Larsson 1