Sen. Scott Wiener
Appropriate, Appropriate, and Appropriations
Appropriate is a mischievous word—a word able to be held up in esteem or a word of manipulation. But for readers with limited time, allow me to jump to my conclusion and a Call to Act, then I’ll circle back to elaborate.
In Conclusion
It’s appropriate, even crucial for residents who care about local control, long-term community fiscal solvency, and sovereignty to call the Assembly Appropriations Committee before they appropriate decisions about single-family neighborhood zoning to private developers, and remove the Constitutional right of locally-elected city councils to make land use and zoning decisions.
ACT NOW
If
you only have 20 minutes and know the issues, pick up the phone instead
of reading.
Call the committee members below ASAP AND before the meeting on Tuesday, August 18 at 10 am. You’ll find a Sample Script below.
Assembly Appropriations Committee Re: SB-902, 995, and 1120.
Lorena Gonzalez (Chair) D (916) 319-2080
Frank Bigelow (V.Chair) R (916) 319-2005
Rebecca Bauer-Kahan D (916) 319-2016
Richard Bloom D (916) 319-2050
Rob Bonta D (916) 319-2018
Ian C. Calderon D (916) 319-2057
Wendy Carrillo D (916) 319-2051
Ed Chau D (916) 319-2049
Megan Dahle R (916) 319-2001
Tyler Diep R (916) 319-2072
Susan Eggman D (916) 319-2013
Vince Fong R (916) 319-2034
Jesse Gabriel D (916) 319-2045
Eduardo Garcia D (916) 319-2056
Cottie Petrie-Norris D (916) 319-2074
Bill Quirk D (916) 319-2020
Robert Rivas D (916) 319-2030
Sample Script
“My name is ___. I’m calling about the Appropriations Committee meeting on Tuesday. I urge you to put these three housing bills in the Suspense File: SB-902, 995, and 1120. The bills are fiscally irresponsible in light of a statewide, Covid-induced $54B budget deficit. These unfunded mandates place an unfair financial burden on cities.
The League of California Cities predicts California cities will face a $7B deficit over the next two years.
My zip code is ___. I don’t live in the Assembly member’s district, but since their vote impacts all Californians, I want them to know about my opposition to these three bills and my support for the campaign to "Nix-the-Nine.”
Tips: Call after hours to leave a message. Make one call and refer to all three bills. This committee doesn’t deal with policy, only fiscal impact. Be brief.
And now circling back to the Mischievous Word “Appropriate”
As an adjective, appropriate means suitable or proper in the circumstances, e.g., It’s appropriate to be fiscally cautious during the covid-19 pandemic.
As a verb, appropriate” means to take something for one’s own use, typically without the owner’s permission, e.g., With the passage of SB-902 (Wiener) and SB-1120 (Wiener and Atkins), developers, flippers, and real estate speculators will have “by right” authority to appropriate a single-family lot in your neighborhood and convert it from one home to four housing units.
If you live within half a mile of a transit stop that “by right” authority is for up to 10 units.
Another definition of appropriate as a verb is to devote money or assets to a special purpose, e.g., when SB-902 and SB-1120 come before the Assembly Appropriations Committee on Tuesday, the committee will hear about 80 bills in a 2-3 hour session. Their vote is to determine which proposed state laws are covered with money already appropriated in the state’s general fund budget or a department budget.
Background Information on Appropriation Committees:
The Appropriation Committee determines if the fiscal impact of a bill is covered. If the cost is $50,000 or more to the state General Fund or $150,000 or more to a department fund, the bill meets the criteria for referral to the Suspense File. A special “Suspense File” hearing occurs where legislators and stakeholders wheel-and-deal behind closed doors to choose winners and the losers (bills that remain the suspend file, indefinitely). The last step before going to the Governor’s desk (Sept 1-30), is the floor vote.
What is an Unfunded State Mandate?
Legislators often pass bills that create added city costs—called an unfunded state mandate. With no reimbursement from the state or funding source, legislators assume cities will figure out how to pay for the bills, which means by increasing local taxes, assessments, and fees.
A Fee Disclaimer.
Most of these bills contain a boilerplate legal provision called a “fee disclaimer,” which means that the Legislature is saying that locals can absorb the costs because they have the authority to charge fees. But, how are locals supposed to increase fees to when facing massive unemployment and folding local businesses, and when economists are comparing lingering effects of the COVID-recession to the Great Depression?
Local Implementation.
The workload of each new piece of legislation on local government is considerable. Although it is difficult to determine those costs of implementation in the entire state, with exactitude, it is safe to assume that the larger and highest priced metropolitan areas (Los Angeles, San Diego, Sacramento, San Francisco, Oakland, and San Jose), where operating cost, salaries, and benefits are considerably higher, will bear the brunt of the costs and staff time, because they will see the greater number of large and complex development proposals.
So, what are the minimum tasks, time and cost to the city, to implement a new bill? The figures below assume an average annual salary of California staff $65 per hour and City Manager, Senior Planner, and City Attorney's time at $100 per hour. This does not even include general operating costs (keeping the lights on) or the considerable costs of health and pension benefits, which must be added. Keep in mind, these are rough estimates (using an average hourly wage of $75) that must be adjusted for each locale.
1. Staff research, review, and impact analysis of new legislation, and preparation of staff reports. Est. aggregate hrs. and cost: 80 hrs. at $6,000.
2. Draft new zoning ordinances and amendments General Plans, as required. Publish documents for public review, hold public hearings, etc. Est. 150 hrs. at $11,250.
3. Presentations to planning commission, city agencies, the city council, and the public. Est. 120 hrs. at $9,000.
3. Develop record-keeping metrics, collection systems and reporting mechanisms. Est. 80 hrs. at $6,000.
Total estimated UNFUNDED staff expense for 1 bill: $32,250
Total estimated UNFUNDED staff expense for 8 bills: $258,000
Total estimated UNFUNDED staff cost to 482 CA cities: $124,356,000.
Additional Points about Unfunded Mandates and Appropriations
- The COVID economic recession has caused a massive decline in city revenues (including sales tax and transient occupancy tax). Cities are slashing budgets and laying off staff. There is no capacity to absorb additional mandates-no matter how well intended. The League of California Cities estimates cities face a $7 billion revenue shortfall over the next two years.
- In this economy, the idea that local governments will recover these costs through fees is imaginary. Who are locals supposed to charge fees to when residents are facing unemployment and closures of local businesses, and when economists are comparing the COVID-recession to the Great Depression?
- The 2020 Legislative Session also lacks adequate public transparency. Many housing bills benefiting developers and land speculators have been rushed and not assigned to or reviewed by all the applicable policy committees.
- Moreover, the Legislature should not be attempting to override local zoning in communities that have state-certified housing elements. This makes no policy sense and is an insult to the inclusive and arduous public process that developed these plans. Cities are now being punished for following the law.
- The Legislature has enacted many recent housing laws that local governments are still trying to implement. This is not the time to pile on new mandates and major policies. The Appropriations Committee should be sensitive to the economic conditions facing cities and hold off on these bills.
One More ACTION
Before August 31, all the bills will come before the Assembly and Senate for a floor vote. Contact Marin’s representatives and urge them to Nix-the-Nine (now 8) dreadful housing bills.
Assemblyman Marc Levine - Voting on SB-902, 995, 1085, and 1120 (SB1385 has been defeated)
assemblymember.levine@assembly.ca.gov
(916) 319-2010
Senator Mike McGuire – Voting on AB-725, 1279, 2345, and 3040.
916-651-4002
It is appropriate for residents to count on elected officials to represent their interests, and not appropriate authority to outside agents. Appropriate funds to address the covid-19 crisis, not market-rate and luxury housing.
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