• Sacramento Looking To Curb Local Control, Again

I'll keep this blog short and to the point (beware, it's all opinion). 

First, take a gander at only a smattering of what is being floated up in Sacramento aimed at removing local control. 

Think of Tres Lagos and The Cottages (recently rebranded) in Sedco the city had no say in. 

Cal Cities is opposing this bill.

Scott Weiner is truly one of the worst people to ever serve in the California Senate.

Imagine 7 stories of high density being shoved into our city.

Wildomar Rap opinion time

Part of being on city council is keeping an eye on legislation that is percolating up in the state's capital.

 

Wildomar is a member of the League of California Cities (Cal Cities) which came into existence more than 100 years ago to represent local control up in Sacramento.

The position of city council is nonpartisan. 

We certainly are allowed to share our political party membership, but it's not part of the job description in California and doesn't appear on the ballot. 

I've been registered as NPP (No Party Preference) since I moved to Wildomar back in 2001. I share views with both parties and at the same time dislike a lot of what both parties do. 

That said, on a state level, I seriously cannot understand how anyone would continue to vote for the Democrats. 

They are no longer the party of JFK or even of 1990's Bill Clinton. They are completely off the rails. They have a long track record in California of passing bills that go contrary to the best interests of working families in our state. 

Is that ok with you?

Speaking to the tried and true Democrats out there, are you pleased with the direction the State of California has gone in over the past 25 to 30 years? 

I'm always up for a meeting to hear why I should see things from your perspective, let's set something up.

It's a common phenomenon that once someone aligns with a political party, they remain loyal, even as the party's platform shifts. I encourage you to look dispassionately at what hangs in the balance before pulling that lever in 2026. 

----

Full disclosure, if you're unsure, my name is Joseph Morabito, District 3 City Council, and I'll be on the ballot in 2026. Even if you disagree with my assessment of the situation, please engage with me personally before sending me out to pasture. 🙂

jmorabito@wildomar.gov

• SoCal City Faces Wrath of Sacramento

The state of California on Monday, Sept. 23, warned the city of Norwalk that if it does not take steps to repeal a moratorium on emergency shelters and supportive housing by its next City Council meeting the state will revoke the city’s housing element compliance.

On Friday, Sept. 20, Norwalk asked for an extension of the Sept. 23 deadline set by the state to respond to a notice of violation sent by the California Department of Housing and Community Development over the city’s moratorium.

Last week, the Norwalk City Council unanimously voted to extend the moratorium until August 2025. The initial moratorium, passed last month, halts new development of the following uses: convenience stores, discount stores, laundromats, vehicle washing, payday loan establishments, emergency shelters, single-room occupancy, supportive housing and transitional housing.

The day before the council vote to extend the moratorium, Newsom and HCD announced a notice of violation had been sent to the city over the moratorium and demanded a response by Monday, Sept. 23.

HCD responded to the request for an extension on Monday in which it wrote that seven days was enough time for a response.

“However, HCD recognizes that the City may need time to identify the quickest path to resolving the issue,” the response read. “As such, HCD will monitor the October 1st City Council meeting and will expect your formal response the following day.”

Wildomar Rap opinion time

When I come across examples of California cities trying to stand up to the State machine (especially when it comes to housing and homeless issues) and the inevitable consequences they'll be facing, I like to share them with the residents of Wildomar.

It's one thing to suggest going full Rambo and "taking no prisoners" (or whatever the current phrase may be) but in practice, it costs municipalities a ton of money to remedy if they choose to go down such a primrose path. 

One of my stated goals is to keep Wildomar out of the news for making pigheaded decisions that are sure to blow up in our faces. 

The City Council, according to HCD, must either vote to repeal the moratorium on Oct. 1, and if necessary conduct a final vote on Oct. 15 or direct staff to prepare an ordinance to repeal the moratorium for consideration at a council meeting on or before Oct. 15.

“If the city chooses the latter option, HCD will revoke its finding of housing element compliance if the City Council does not vote to repeal the moratorium on or before October 15th and, if necessary, conduct a final adoption vote on or before November 5th,” the response read.

At a Thursday, Sept. 19, press conference announcing the signing of more than 30 bills related to housing and homelessness, Newsom mentioned Norwalk as an example of local jurisdictions not doing enough to address the crisis.

“Various consequences apply when a city does not have a housing element in compliance with Housing Element Law, including the immediate application of the ‘Builder’s Remedy’ and ineligibility or delay in receiving certain state funds,” the response read. “HCD may also refer the matter to the California Office of the Attorney General to seek court-imposed financial penalties and other remedies.”

Levy Sun, a spokesperson for the city, said in an email Monday afternoon that the city would continue to evaluate the HCD’s response.

By David Wilson of the SGVT September 23, 2024

https://www.sgvtribune.com/2024/09/23/state-to-norwalk-end-homeless-shelter-ban-or-risk-housing-blueprint-funding/

• Sacramento Keeps Chipping Away At Local Control

Newsom Signs More Housing Bills

Governor Newsom signed the full list of housing bills below

Preventing and Ending Homelessness 

• AB 3093 by Assemblymember Chris Ward — Land use: housing element
• AB 799 by Assemblymember Luz Rivas — Interagency Council on Homelessness: funding: state programs
• SB 7 by Senator Catherine Blakespear — Regional housing need: determination
• SB 1395 by Senator Josh Becker —  Shelter crisis: Low Barrier Navigation Center: use by right: building standards

Accountability 

• AB 1886 by Assemblymember David Alvarez — Housing Element Law: substantial compliance: Housing Accountability Act
• AB 1893 by Assemblymember Buffy Wicks —  Housing Accountability Act: housing disapprovals: required local findings
• AB 2023 by Assemblymember Sharon Quirk-Silva — Housing Element: Inventory of Land: Substantial Compliance: Rebuttable Presumptions
• SB 1037 by Senator Scott Wiener — Planning and zoning: housing element: enforcement 
• AB 1413 by Assemblymember Phil Ting — Housing Accountability Act: disapprovals: California Environmental Quality Act
• AB 2667 by Assemblymember Miguel Santiago — Affirmatively furthering fair housing: housing element: reporting
• SB 393 by Senator Steven M. Glazer — Civil actions: housing development projects
• SB 450 by Senator Toni Atkins — Housing development: approvals

Housing Streamlining and Production

• AB 2243 by Assemblymember Buffy Wicks — Housing development projects: objective standards: affordability and site criteria
• AB 2488 by Assemblymember Phil Ting – Downtown revitalization and economic recovery financing districts: City and County of San Francisco
• AB 2199 by Assemblymember Marc Berman — California Environmental Quality Act: exemption: residential or mixed-use housing projects
• AB 2694 by Assemblymember Christopher M. Ward — Density Bonus Law: residential care facilities for the elderly
• SB 312 by Senator Scott Wiener — California Environmental Quality Act: university housing development projects: exemption
• SB 1123 by Senator Anna Caballero — Planning and zoning: subdivisions: ministerial review
• SB 1211 by Senator Nancy Skinner — Land use: accessory dwelling units: ministerial approval

Transparency and Efficiency

• AB 1053 by Assemblymember Jesse Gabriel — Housing programs: multifamily housing programs: expenditure of loan proceeds
• AB 2117 by Assemblymember Joe Patterson — Development permit expirations: actions or proceedings.
• AB 2430 by Assemblymember David Alvarez — Planning and zoning: density bonuses: monitoring fees
• AB 2553 by Assemblymember Laura Friedman — Housing development: major transit stops: vehicular traffic impact fees
• AB 2663 by Assemblymember Timothy S. Grayson — Inclusionary housing: fees: reports
• AB 2926 by Assemblymember Ash Kalra — Planning and zoning: assisted housing developments: Notice of expiration of affordability restrictions
• SB 937 by Senator Scott Wiener — Development projects: fees and charges

Housing Protections 

• AB 2801 by Assemblymember Laura Friedman — Tenancy: security deposits
• AB 2747 by Assemblymember Matt Haney — Tenancy: credit reporting
• SB 611 By Senator Caroline Menjivar — Residential rental properties: fees and security
• SB 900 by Senator Tom Umberg — Common interest developments: repair and maintenance

Tribal Housing

• AB 1878 by Assemblymember Eduardo Garcia — Housing programs: tribal housing program
• SB 1187 by Senator pro tem Mike McGuire — Housing programs: Tribal Housing Reconstitution and Resiliency Act

Wildomar Rap opinion time

What we need most is an informed electorate. 

Very often I run into people who think that common sense is what rules the day in politics, which is a flat out joke.

If someone would make a graph of housing costs and government interference (the road to Hell paved with good intentions and all) we'd see a direct correlation. 

Above and below you'll see dozens of new laws added to the books with the desired intention of making housing more affordable for all, but we all know that there will be an inverse reaction that will see affordability issues compound to the negative over time. 

Remember, elections have consequences. Yet, I don't see the voters of California wising up and changing out the one-party rule that has systematically made this state ever-increasingly too expensive for most people. 

Look on the bright side of things, next year there are sure to be dozens more similar bills looking to remove local control and push their one-size-fits-all agenda onto those of us who still live here that Governor Newsom is sure to sign.

• AB 3093 (Ward) — Makes changes to the Regional Housing Needs Assessment (RHNA) process, including requiring local governments to account for people with extremely low incomes and those experiencing homelessness in their housing elements.

• AB 1893 (Wicks) — Modifies/clarifies the Builder's Remedy law under the Housing Accountability Act. New Builder's Remedy projects must comply with certain site restrictions, density limits, and other standards. However, builder’s remedy projects will also have a lower percentage of affordable housing required.

• AB 2488 (Ting) — Allows San Francisco to establish a downtown revitalization and economic recovery financing district.

• AB 2667 (Santiago) — Requires local governments to use a new standardized reporting format for the 7th and each subsequent revision of the housing element.

• SB 450 (Atkins) — Makes changes to California’s upzoning law, SB 9. Local governments will be required to approve or deny an application for a new SB 9 unit or lot split within 60 days and provide homeowners with a reason and remedy if their application is denied. It also mandates consistency in local objective zoning, subdivision, and design standards to ease the burden on applicants. 

• SB 1037 (Wiener) — Strengthens the Attorney General’s ability to seek civil penalties against cities that violate state housing laws. 

• SB 1395 (Becker) — Makes it easier for local governments to use tiny homes as shelter for the unhoused.

For a full list of the enacted housing legislation, click here. 

On Thursday, the Governor also announced new guidelines for the HomeKey+ program, which will provide up to $2.2 billion in funding for permanent supportive housing.

At the signing, Newsom took another potshot at cities and counties for their role in the housing and homelessness crisis.

“There’s never been more support to address all of those concerns than in the last four or five years,” Newsom said. “So what gives? Time to do your job. Time to address the crisis of encampments on the streets in this state. And yes, I’m not going to back off from that. And you will see that reflected in my January budget. I’m going to fund success and I’m not going to fund the rhetoric of failure anymore.”

Originally seen at California City News

https://w.californiacitynews.org/2024/09/newsom-signs-housing-legislation-impacting-local-governments.html

• California City News Run Amok: 002 When A City Fights The State

I'm dialed into city-level news from all over the state, and sometimes the nation. I'm reprinting parts of a recent story here.

I'm sharing this story from Elk Grove as a reminder of what happens when a city tries to go toe to toe with the state. Even if they are a well-off city with a population nearing 200,000.

According to the story, Elk Grove is only paying $150,000 of the state's legal expenses. I can guarantee that their own legal fees are going to be at least double that. 

In the last six years, there have been several projects in Wildomar where the state has completely removed local control. Where the city had no say whatsoever in approval or denial... or even to have such projects meet similar conditions of approval that other projects must fulfill. 

California announces settlement resolving Elk Grove’s housing project denial

• By Tom Joyce | The Center Square contributor
 
• Sep 9, 2024

“We can’t solve California’s homelessness crisis without creating new housing and supportive services," Governor Gavin Newsom said in a statement. "Elk Grove is not immune to this challenge, and the city’s decision to block these efforts — wasting valuable time and resources — is especially shameful. We expect Elk Grove to follow the law — continued refusal will not be tolerated.”

The state filed the lawsuit when Elk Grove denied a 67-unit supportive housing project for failing to meet the city's zoning standards, even though the city previously approved a similar project for market-rate housing.

"The project would have been located in Elk Grove’s historic district, a high-resource area critical to the state’s goal of providing communities of opportunity for people of all incomes," a release said. "The project would have provided off-site and on-site services to assist residents in maintaining housing and maximizing their ability to live and work in the community."

California sued Elk Grove in May 2023 for violating state laws, including Senate Bill 35 and the Housing Accountability Act, along with fair housing laws like the Nondiscrimination in Land Use Law and the Affirmatively Furthering Fair Housing statute.

Elk Grove eventually reached a separate settlement agreement with the development to move the project to a different area of the city. However, the city's reason for denying the project was still illegal, created needless delays for people seeking housing, and caused a preventable year-long legal battle, the release said.

Elk Grove agreed to be subjected to reporting requirements that monitor its future compliance with California housing law as a part of this settlement. It must also identify more locations for low-income housing development and pay the state $150,000 in legal costs.

“This settlement reflects what I’ve said all along: California’s housing laws are not optional. Local governments that violate our laws to deny affordable housing opportunities to Californians will be held accountable,” Attorney General Rob Bonta said. “While I am pleased that this is now behind us and that Elk Grove ultimately approved even more homes for those most in need, the city’s refusal to do the right thing over and over again cannot be swept under the rug. These are not ordinary times. Millions of Californians are struggling to keep a roof over their heads or lack housing altogether. Every local government therefore has both a legal and moral responsibility to help us meet the moment. If other cities believe they are exempt from that task, Governor Newsom, HCD Director Velasquez, and I will continue reminding those cities that they are in the wrong.”

Gustavo Velasquez, Director of HCD, said the settlement will help the state provide its people with more sufficient housing.

“This is a victory in the state’s efforts to expand the availability of much-needed supportive housing, consistent with California’s strong legacy upholding fair housing rights for people with disabilities and for those experiencing or at risk of homelessness,” Velasquez said. “We are resolute to see that every community in our state affirmatively furthers fair housing and expands integrative communities of opportunities. Our team will work with the City of Elk Grove to ensure this settlement is the first step in a lasting commitment to housing residents in need.”

Before the lawsuit was filed, HCD issued a Notice of Violation in October 2022. It warned the city that denying the Oak Rose Apartments would violate state law.

Attorney General Bonta sent the city letter on March 16, 2023, urging it to reverse its unlawful denial of the Oak Rose Apartments to avoid legal consequences.

One can view the settlement agreement here.

Originally published on thecentersquare.com, part of the BLOX Digital Content Exchange.

• California City News Run Amok: 001 Goleta Tackles Plastic

I'm dialed into city-level news from all over the state, and sometimes the nation. I'm going to start a series of blogs where I share with you what other cities are doing and ask if you think that Wildomar should join in, or that you're glad we've resisted the temptation to overreach what we were elected to do.

As you can tell by the opening paragraph, most times I'll be sharing things that I can't imagine bringing to the Wildomar city council agenda... letting you know that W'mar dodged another headache. 

I'm not a fan of the Nanny State, especially when pushed by a small city, but maybe you disagree and want an activist city council?

This story comes by way of KYET.com and there will be a link to the original story at the bottom of the blog.

Goleta approaches plastic prohibition deadline of June 1

The coastal city of 32,000 people is set to battle plastics, and other single-use items. I find that to be a noble idea, but can't see how passing a city ordinance is supposed to actually do anything in the big picture. 

Plastic Free Goleta is a comprehensive plastic pollution reduction scheme with regulations that touch businesses and residents alike.

The ordinance was adopted last Summer and will be going into effect soon. The requirements include the use of reusable food ware (real plates instead of disposable) for businesses with dining on-premises and prohibitions on the following:

• Disposable single-use plastic cutlery and straws
• Polystyrene foodware
• Polystyrene packing materials and coolers
• Polystyrene egg cartons, meat trays, and produce trays
• Release of latex and mylar balloons
• Sale and distribution of mylar balloons
• Distribution of single-use plastic beverage bottles at City facilities

These regulations are part of the city's efforts to reduce waste by prohibiting the distribution and use of common single-use plastic items... which is noble and filled with good intentions. 

Perhaps some of these things need to be regulated, I'm willing to hear that argument, but what I can't get with is thinking that would fall to a city. Seems like either a national, state or at least a county issue to me. 

I personally reuse plastic containers when at all possible, and I also do my best to recycle the rest. Trying to limit the balloons at your kid's birthday party shouldn't be anyone's business but your own. 

Who do you want to make these decisions for you?

Yea or Nay... do you want to see this type of thing in Wildomar?

Here is a link to the city of Goleta's page that details the why of it all. LINK

Again, as I've already said, I'm all for the reduction of trash that comes from many single-use items (without such, Wildomar Beautification Volunteers would probably have collected half as many bags of trash over the years, and I'm not joking.) I'm just not keen on local officials trying to do jobs they were NOT elected to do. 

Link to KEYT story