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SB 50 As Amended -- Would Increase Housing Density With Some Local Flexibility On Sac'to Allowed Terms -- Fails Senate Approval By Three Votes BUT Reconsideration Granted Allowing Add'l Vote Jan. 30; LB Senator Gonzalez Votes "Yes"; Senator Umberg Doesn't Vote; LB Mayor/Council Took No Position On Bill As Amended


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(Jan. 29, 2020, 9:45 p.m.) -- SB 50 -- a Sacramento bill that would increase the production of housing and housing density by requiring cities to enable regionally decided housing numbers on Sacramento-allowed terms -- failed to advance to the Assembly by three votes today (Jan. 29.)

However the state Senate granted SB 50 "reconsideration," potentially allowing another vote on the bill on Jan. 30 [enabling the author to try to secure three additional supportive votes.]

With amendments added by Senator Wiener on Jan. 6, SB 50 would allow City Halls (meaning their City Councils) some local flexibility in adopting plans within two years indicating how they will meet regionally decided housing-need numbers. However if a city fails to do so to meet Sacramento's satisfaction, SB 50's terms would snap into effect, overriding some local zoning height limits and parking requirements to enable multi unit buildings near bus and rail transit and in areas deemed "jobs rich" with good schools (mainly in neighborhoods at median income or above.).

On the Jan. 29 vote, state Senator Lena Gonzalez (D, LB-southeast LA County) voted "yes." State Senator Tom Umberg (D, SE LB-west OC) didn't vote although he was present.

The Senate granted SB 50 reconsideration, potentially allowing another floor vote on Thursday Jan. 30 (with a Jan. 31 deadline for Senate passage.) With 21 "yes" votes needed on Jan. 29 to advance the bill to the Assembly, SB 50 failed on an 18-15 vote.

Senator Wiener said SB 50 was necessary to address a housing crisis that had been years in the making and had now exacerbated a homeless crisis. However his fellow Democrats (who hold a state Senate majority) were split, with Los Angeles area Democrats -- including state Senators Bob Hertzberg (D, LA-SFV) and Holly Mitchell (D, southern L.A. -- leading the opposition.

Long Beach (L.A. County's second largest city) took no position on SB 50 as amended in early January by Senator Wiener. The LB Council voted in May 2019 (8-0, Gonzalez absent) to oppose SB 50 in its original form unless amended [and then took position as SB 50 advanced as amended.]

During more than two hours of state Senate floor debate, LBREPORT.com heard no state Senators -- Democrat or Republican -- explicitly support single family home ownership (for decades considered the "American dream") and local zoning that protected such neighborhoods...although such zoning was criticized by Senator Wiener and some SB 50 proponents as contributing to CA's housing shortage.

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As currently amended, SB 50 (full text here) would effectively upzone single family home neighborhoods to allow multi-unit buildings (including four plexes, apartments, condos or townhouses) where they're not currently permitted. It would simultaneously also reduce or in some cases eliminate locally required levels of parking spaces accompanying such new multi-unit residential buildings.

One of the amendments accepted by Senator Wiener on January 6 would give cities two years to adopt a local plan that, provided it meets with Sacramento's approval, would let a City put Sacramento's mandated housing increases (in numbers decided locally by the "Southern CA Ass'n of Gov'ts" (SCAG)) in locations the City specifies (presumably decided by its City Council.) If a city fails to adopt such a plan (or it's not to Sacramento's liking), SB 50's mandated locations would apply.

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During floor debate, Senator Wiener pleaded with his colleagues to let his bill advance to the Assembly where he said he's open to additional amendments. Sen. Wiener said CA is in a housing crisis that can't be addressed with previous state legislation mandating speedy approvals unless underlying zoning is changed that currently prevents multi unit buildings in single family neighborhoods. Sen. Wiener disputed claims that SB 50 would require high rises everywhere; he noted that it doesn't entirely override local zoning by still allowing local design standards and the like.

Sen Wiener said he's now working with the League of CA Cities [which opposes the bill unless amended] on further amendments addressing their issues (details on local flexibility City Halls would have on increased housing and density) and clearly defining rules that would apply.

In response to critics citing the need to ensure affordable housing units, Sen. Wiener said SB 50 does include requirements for affordable housing but pledged to work with affordable housing proponents who seek additional guarantees. He said SB 50 also contains tenant protections against gentrification (families driven out by developers buying single family homes to build SB 50-enabled market rate or luxury units.)

Senate President Pro Tem Toni Atkins (D, San Diego) also urged a "yes" vote to advance the bill to the Assembly. .

State Senator Nancy Skinner (D, Berkeley) said actions by cities that had doznzoned their neighborhoods had been bad and called the actions "exclusionary." She argued that in the past, exclusionary actions were explicit, and while now banned, the current policies remain exclusionary and still reflect racial components that SB 50 will address.

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However Senator Bob Hertzberg (D, Los Angeles-SFV) (as a senior Democrat the Senate's majority leader) argued against SB 50 as it stands. Sen. Hertzberg commended Senator Wiener for tackling the housing issue and said he agrees that CA has a housing shortage but warned that aspects of SB 50 could create unintended consequences., Senator Hertzberg aid that it was important to produce a bill that properly addresses the problem by "getting it right." He disputed what he called a key argument underlying SB 50 that cities are standing in the way of building housing. Senator Hertzberg said Los Angeles is working to enable Transient Oriented development and additional housing.

Other L.A. area Democrats followed. Senator Maria Elena Durazo (D, Los Angeles) [traditionally an organized labor ally of Senator Lena Gonzalez] said she opposes the SB 50 as it stands, citing what she called its lack of affordability housing requirements and lack of tenant protections in SB 50. "To me, we are not close in this bill...[SB 50's] flaws have not been resolved." She said SB 50 should be called what it is [her words]: "a market housing production bill."

State Senator Holly Mitchell (D, LA) -- now running for an L.A. County Supervisor seat -- said her opposition focuses on the bill's failure to ensure greater affordable housing. She said CA housing policy had historically displayed an intersection of race and class, cites previous redlining of communities, and said the core issue for her is "who has the privilege of living where?" Gentrification is core fear, she said. "Can I continue to live in my community?" Says won't support SB 50 without broader discussion of these issues affecting her south LA community.

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Senator Anthony Portantino (D, Glendale-Burbank), who held the bill in his Appropriations Committee until Senate President Pro Tem Atkins pulled it out for Senate floor debate, also cited its lack of affordable housing requirements, urged legislation that viewed local government as a partner and not adversary and sought a "no" vote on SB 50.

Senator John Moorlach (R, Irvine-Costa Mesa), a co-author of SB 50 -- said CEQA and other government actions had stood in the way of more housing and said SB 50 addresses a housing crisis that's been self-inflicted by Sac'to legislation that in the past made it difficult for developers. He acknowledged that SB 50 isn't the best way to do correct the situation but said he hopes if it goes to the Assembly, it can address outstanding issues.

State Senator Connie Leyva (D, parts of IE) spoke in support of SB 50. She said previous calls by cities to let them address the housing issue locally hadn't worked. She invited a Q & A with Senator Wiener, who used the opportunity to respond to concerns expressed by LA area representatives. Senator Wiener said SB 50's tenant protections are stronger than the City of LA provides. He said existing Tenant Oriented Developments have allowed mass evictions that SB 50 doesn't allow. He committed to working on the issues further.

Senator Wiener added that SB 50 will have strongest affordable housing requirements now under state law, and added that it wasn't just for low income housing but also very low income housing.) He charged that the City of Los Angeles is currently zoned to ban affordable housing [single family housing.]

Senator Leyva said she'll vote for SB 50 despite all 11 of the cities in her district in opposition. Urges voting to advance measure to the Assembly so can do more work on it.

State Senator Lena Gonzalez (D, LB-southeast L.A. County), the final state Senator to speak before Senator Wiener wrapped up his arguments and vote occurred, said she'd vote "yes" on SB 50, said she did.

The vote tally was 17 votes in support (with 21 needed for passage.) SB 50 was put "on call" (allowing Senator Wiener to try and get more support for his measure.) About two hours later, the call was lifted and votes were taken again. This time at received 18 "yes" votes, 3 votes short of advancing to the Assembly but with reconsideration granted, enabling a possible vote on Jan. 30.

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Statewide, the League of CA Cities (a non-governmental advocacy group in which the City of LB pays membership dues) has opposed SB 50 unless further amended citing issues enumerated in a position letter here [During Jan. 29 floor debate, Senator Wiener indicated he's working with the League to address its concerns.]

A number of cities remain opposed to SB 50, noting that SB 50 would impose Sacramento housing density dictates that ignore land use factors best understood locally and have historically been decided locally.

SB 50 also faces opposition from grassroots neighborhood homeowners and homeowner groups in various cities that cite its impacts on family home investments as well as on taxpayer costly city infrastructure, police/fire/public service levels and traffic. In Long Beach, Corliss Lee's Eastside Voice sent a Jan. 14 mass emailing (while SB 50 was still in the Senate Appropriations Committee) stating in pertinent part:

It doesn't take a genius to determine where [SB 50's] "jobs rich" [areas] would be in Long Beach. That is the eastside - all of it - as well as other parts of the city that have above average income or housing values...

Recent Developments: Scott Weiner (author of the bill) is kicking hard to get it passed. He recently came up with an amendment to the bill that would allow cities 2 years to implement their own upzoning equivalent to what the bill would produce. That was his answer to the pressure put on by cities that are angry about the State trying to take over zoning. Under his latest bill amendment, if the cities do not re-zone enough area to allow high density development and get housing starts that support that it is happening, then the terms of the [original] bill kick in. Wiener is pushing for 3.5million new housing units in the State when experts advise that 1.5 million are needed.

As you can well imagine, the developers, who are the silent partners behind politicians, have been pouring money into the coffers of Governor Newsom and Scott Weiner. In spite of all the rhetoric about a housing crisis, this bill does little to require affordable housing.

Senator Wiener has responded that he believes the statewide housing crisis requires single family home zoning to give way to allow multi-unit residential buildings in areas where current local single family home zoning doesn't allow them.

SB 50 is also opposed by a number of advocacy groups favoring more below market/subsidized housing; they argue that SB 50 practices "trickle down" economics by letting developers build dense upscale or luxury housing units that fuel displacement and gentrification. Senator Wiener has indicated he takes that issue seriously and said he's working to address it.

The statewide advocacy group Livable California has disputed the 3.5 million homes that Governor Newsom repeatedly claimed (in his campaign for office) are needed (but in unveiling his FY21 budget has now walked back.) LKivable California as well as the Coalition for Livable Los Angeles remain flatly opposed to SB 50 as amended.

Supporters of SB 50 as amended include the CA Ass'n of Realtors (a sponsor of SB 50 as originally introduced), which issued a Jan. 17 statement by its President, Jeanne Radsick:

The California Association of REALTORS® thanks Senate President Pro Tem Toni Atkins for her outstanding leadership and her commitment to continuing the conversation on SB 50. As proud co-sponsors of SB 50, we firmly believe that it continues to represent the most significant effort to address California’s housing affordability crisis. California lawmakers have the opportunity to make 2020 the year of housing supply and we're encouraged by the Legislature’s focus on this in the first few weeks of the year. We know that increasing the housing supply is the best long-term solution to making the dream of homeownership a reality for millions more Californians. We look forward to working with the governor, the pro tem and other lawmakers in the coming weeks to get SB 50 across the finish line.

SB 50 is also supported by self-described "YIMBY" ("Yes in my Backyard") advocates and allied groups that favor increasing housing density.


Support really independent news in Long Beach. No one in LBREPORT.com's ownership, reporting or editorial decision-making has ties to development interests, advocacy groups or other special interests; or is seeking or receiving benefits of City development-related decisions; or holds a City Hall appointive position; or has contributed sums to political campaigns for Long Beach incumbents or challengers. LBREPORT.com isn't part of an out of town corporate cluster and no one its ownership, editorial or publishing decisionmaking has been part of the governing board of any City government body or other entity on whose policies we report. LBREPORT.com is reader and advertiser supported. You can help keep really independent news in LB similar to the way people support NPR and PBS stations. We're not non-profit so it's not tax deductible but $49.95 (less than an annual dollar a week) helps keep us online.


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