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Pleasanton: City Council still concerned about Senate Bill 50

'Could very much erode our ability to make decisions within our own community'

The Pleasanton City Council had plenty to say Tuesday night about one of the most controversial housing legislation proposals under consideration this year in Sacramento, Senate Bill 50.

A bill by San Francisco Democrat Sen. Scott Wiener, SB 50 aims to spur rapid housing development by relaxing standards for many residential projects and overriding local zoning regulations near transit stations and "job-rich" areas.

But the proposal has come under fire from suburban communities, and even some urban ones, as circumventing local control in favor of an unfair "one size fits all" approach to housing solutions and not prioritizing actual affordable housing, among other criticisms.

The legislation, which was reclassified as a two-year bill after its introduction in 2019, experienced some initial amendments as it returned to the State Senate's agenda this month, but Pleasanton officials think much more needs to be done to improve the bill -- or defeat it altogether.

"This bill could very much erode our ability to make decisions within our own community. It's that important," Councilwoman Karla Brown said Tuesday night at the Pleasanton Civic Center.

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"If our community members were asked to vote on SB 50, which would allow four-plexes in both of your neighbors' properties, along with the threat to our historic downtown and parking restrictions, I know my community would not support this," Councilwoman Julie Testa added.

As it stands, despite hesitance or outright opposition from many local jurisdictions and even some local leaders and advocates in big cities like Los Angeles and San Francisco, SB 50 is likely to pass in the State Senate next week, according to Alex Gibbs, from the city's advocacy firm, Townsend Public Affairs.

It would then head to the Assembly for more debate, possible amendments and final consideration during the year.

The council has maintained an official position of "oppose unless amended" on SB 50, mainly as a strategy to get a seat at the table, so to speak, as Wiener and supporters consider drafting amendments.

City staff recommended a similar strategy while early and future amendments become clearer -- and the council did not change its position Tuesday -- but Brown criticized what exactly the "seat at the table" has accomplished since some of Pleasanton major concerns are still not satisfactorily addressed.

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"It's time to stand up and say 'oppose.' Why do we still say 'unless amended'?" Testa added. "It's going to be devastating if it passes."

Ellen Clark, the city's community development director, told the council that despite the recent revisions, a number of aspects of SB 50 remain potentially problematic for Pleasanton.

The bill as written still retains relaxation of standards for apartment height, density and parking for eligible projects in "jobs-rich" or "transit-rich" areas.

Pleasanton remains particularly concerned about those impacts, in part because the Altamont Corridor Express (ACE) train station would be considered a major transit stop and thus triggering a "transit-rich" designation for much of downtown. City officials are advocating for low-frequency rail like ACE not to be considered major transit.

The city also wants stronger protections for historic neighborhoods. SB 50 language would protect historic resources listed on the stringent state and federal registry, but the vast majority of the homes and buildings formally cited by Pleasanton as historic resources in downtown are not on those lists.

City officials are concerned too about lack of clarity in SB 50 on topics such as the proposed "jobs-rich" area maps and how the bill would impact the next Housing Element update and regional housing needs allocation (RHNA) process for Pleasanton.

"I've heard a lot of clarification and definition in the discussion tonight. And that's what this bill looks like: It's not defined," Councilman Jerry Pentin said.

He later asked the city's lobbyist whether SB 50 proponents "understand that cities don't build, they zone and then get out of the way once (private developers) have the permits?"

"The goal of this bill, I think, is to produce housing that's affordable. Where is that in here, the affordability piece of it?" Vice Mayor Kathy Narum added. "I don't see it, and maybe I'm missing it, the things that would make it affordable. There's nothing in here about relaxing CEQA, for example."

No residents spoke to the council on SB 50 during the meeting.

Council members didn't take any action, as the item was designed as informational-only, but they concurred with staff's plan to continue efforts to monitor the bill and to engage with Tri-Valley community partners to develop regional and local responses during the process.

Mayor Jerry Thorne was absent from Tuesday's meeting, away in Washington, D.C. representing Pleasanton at the annual U.S. Conference of Mayors.

In other business

* The council voted 4-0 to approve the city's first-ever local preference policy to give Pleasanton contractors and vendors a potential leg up in the bid process for certain city projects and supply agreements.

The two-fold policy involves first adding a local preference provision for Pleasanton businesses in cases of tie bids.

So in situations in which two or more bids are competitively matched in relation to qualifications, quality, cost and experience, the policy would allow the city to award the contract based on preference to the Pleasanton-based bidder over an out-of-city business.

The other aspect of the policy creates a bid calculation preference of 5% (up to $5,000 per transaction) for Pleasanton businesses in the bidding process for city contracts for supplies, equipment and trade services.

* Council members postponed until February discussion of proposed modifications to the city's down payment assistance program, including increasing the maximum loan for qualifying buyers from $20,000 to $100,000 (with up to $300,000 available in the program per year), restructuring the loan terms as a deferred payment loan and adopting a shared appreciation loan policy for repayment.

* They also approved a 20-item consent calendar, a collection of items deemed routine and voted upon all at once at the beginning of the meeting.

Consent topics Tuesday included the second reading and final adoption of three ordinances previously discussed at length: giving voting authority to youth members on four city commissions, confirmation of new penalties for illegal demolition of historic structures and approval of a project to replace the long-vacant Denny's restaurant on Owens Drive with a new multi-tenant commercial building.

Also on consent were a $466,089 contract with Lehr Auto Electric for Pleasanton police's automated license plate reader system, a $275,149 agreement with Park Planet for playground renovations at Orloff Neighborhood Park and accepting new public artwork for Alviso Adobe Community Park -- "Eventide," a cold-welded steel replica of a mountain lion.

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Jeremy Walsh
 
Jeremy Walsh, a Benicia native and American University alum, joined Embarcadero Media in November 2013. After serving as associate editor for the Pleasanton Weekly and DanvilleSanRamon.com, he was promoted to editor of the East Bay Division in February 2017. Read more >>

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Pleasanton: City Council still concerned about Senate Bill 50

'Could very much erode our ability to make decisions within our own community'

by / Pleasanton Weekly

Uploaded: Wed, Jan 22, 2020, 5:23 pm

The Pleasanton City Council had plenty to say Tuesday night about one of the most controversial housing legislation proposals under consideration this year in Sacramento, Senate Bill 50.

A bill by San Francisco Democrat Sen. Scott Wiener, SB 50 aims to spur rapid housing development by relaxing standards for many residential projects and overriding local zoning regulations near transit stations and "job-rich" areas.

But the proposal has come under fire from suburban communities, and even some urban ones, as circumventing local control in favor of an unfair "one size fits all" approach to housing solutions and not prioritizing actual affordable housing, among other criticisms.

The legislation, which was reclassified as a two-year bill after its introduction in 2019, experienced some initial amendments as it returned to the State Senate's agenda this month, but Pleasanton officials think much more needs to be done to improve the bill -- or defeat it altogether.

"This bill could very much erode our ability to make decisions within our own community. It's that important," Councilwoman Karla Brown said Tuesday night at the Pleasanton Civic Center.

"If our community members were asked to vote on SB 50, which would allow four-plexes in both of your neighbors' properties, along with the threat to our historic downtown and parking restrictions, I know my community would not support this," Councilwoman Julie Testa added.

As it stands, despite hesitance or outright opposition from many local jurisdictions and even some local leaders and advocates in big cities like Los Angeles and San Francisco, SB 50 is likely to pass in the State Senate next week, according to Alex Gibbs, from the city's advocacy firm, Townsend Public Affairs.

It would then head to the Assembly for more debate, possible amendments and final consideration during the year.

The council has maintained an official position of "oppose unless amended" on SB 50, mainly as a strategy to get a seat at the table, so to speak, as Wiener and supporters consider drafting amendments.

City staff recommended a similar strategy while early and future amendments become clearer -- and the council did not change its position Tuesday -- but Brown criticized what exactly the "seat at the table" has accomplished since some of Pleasanton major concerns are still not satisfactorily addressed.

"It's time to stand up and say 'oppose.' Why do we still say 'unless amended'?" Testa added. "It's going to be devastating if it passes."

Ellen Clark, the city's community development director, told the council that despite the recent revisions, a number of aspects of SB 50 remain potentially problematic for Pleasanton.

The bill as written still retains relaxation of standards for apartment height, density and parking for eligible projects in "jobs-rich" or "transit-rich" areas.

Pleasanton remains particularly concerned about those impacts, in part because the Altamont Corridor Express (ACE) train station would be considered a major transit stop and thus triggering a "transit-rich" designation for much of downtown. City officials are advocating for low-frequency rail like ACE not to be considered major transit.

The city also wants stronger protections for historic neighborhoods. SB 50 language would protect historic resources listed on the stringent state and federal registry, but the vast majority of the homes and buildings formally cited by Pleasanton as historic resources in downtown are not on those lists.

City officials are concerned too about lack of clarity in SB 50 on topics such as the proposed "jobs-rich" area maps and how the bill would impact the next Housing Element update and regional housing needs allocation (RHNA) process for Pleasanton.

"I've heard a lot of clarification and definition in the discussion tonight. And that's what this bill looks like: It's not defined," Councilman Jerry Pentin said.

He later asked the city's lobbyist whether SB 50 proponents "understand that cities don't build, they zone and then get out of the way once (private developers) have the permits?"

"The goal of this bill, I think, is to produce housing that's affordable. Where is that in here, the affordability piece of it?" Vice Mayor Kathy Narum added. "I don't see it, and maybe I'm missing it, the things that would make it affordable. There's nothing in here about relaxing CEQA, for example."

No residents spoke to the council on SB 50 during the meeting.

Council members didn't take any action, as the item was designed as informational-only, but they concurred with staff's plan to continue efforts to monitor the bill and to engage with Tri-Valley community partners to develop regional and local responses during the process.

Mayor Jerry Thorne was absent from Tuesday's meeting, away in Washington, D.C. representing Pleasanton at the annual U.S. Conference of Mayors.

In other business

* The council voted 4-0 to approve the city's first-ever local preference policy to give Pleasanton contractors and vendors a potential leg up in the bid process for certain city projects and supply agreements.

The two-fold policy involves first adding a local preference provision for Pleasanton businesses in cases of tie bids.

So in situations in which two or more bids are competitively matched in relation to qualifications, quality, cost and experience, the policy would allow the city to award the contract based on preference to the Pleasanton-based bidder over an out-of-city business.

The other aspect of the policy creates a bid calculation preference of 5% (up to $5,000 per transaction) for Pleasanton businesses in the bidding process for city contracts for supplies, equipment and trade services.

* Council members postponed until February discussion of proposed modifications to the city's down payment assistance program, including increasing the maximum loan for qualifying buyers from $20,000 to $100,000 (with up to $300,000 available in the program per year), restructuring the loan terms as a deferred payment loan and adopting a shared appreciation loan policy for repayment.

* They also approved a 20-item consent calendar, a collection of items deemed routine and voted upon all at once at the beginning of the meeting.

Consent topics Tuesday included the second reading and final adoption of three ordinances previously discussed at length: giving voting authority to youth members on four city commissions, confirmation of new penalties for illegal demolition of historic structures and approval of a project to replace the long-vacant Denny's restaurant on Owens Drive with a new multi-tenant commercial building.

Also on consent were a $466,089 contract with Lehr Auto Electric for Pleasanton police's automated license plate reader system, a $275,149 agreement with Park Planet for playground renovations at Orloff Neighborhood Park and accepting new public artwork for Alviso Adobe Community Park -- "Eventide," a cold-welded steel replica of a mountain lion.

Comments

Kiko
Val Vista
on Jan 23, 2020 at 3:07 pm
Kiko, Val Vista
on Jan 23, 2020 at 3:07 pm

It seems like the city better get Costco and JDEZ going before that land becomes "high density affordable housing" and then the traffic really becomes an issue.


wow
Another Pleasanton neighborhood
on Jan 24, 2020 at 5:11 am
wow , Another Pleasanton neighborhood
on Jan 24, 2020 at 5:11 am

Build a nice city and the libs will certainly show up and ruin it.
San francisco. Oakland, Hayward, Castro valley, San jose and now pleasanton with livermore up next. Shall we talk about Baltimore, Detroit etc etc etc. Facts are a pesky thing. It appears libs make an art form out of ruining good cities. Gee cant seam to figure out how trump got elected. LOL


Dave L
Stoneridge
on Jan 24, 2020 at 9:23 am
Dave L, Stoneridge
on Jan 24, 2020 at 9:23 am

When you build Train Stations, High Density housing will always follow.


Phyllis G.
Country Fair
on Jan 24, 2020 at 9:32 am
Phyllis G., Country Fair
on Jan 24, 2020 at 9:32 am

Well gosh golly just imagine, an overbearing, all knowing elitist state government with a mild God complex that wants to enforce their utopian fantasies on the hard working people of California & transform their communities into slums. How this state over the past forty plus years has sunk to this decrepit third world level simply saddens me. Retirement in this “Golden State” is slowly turning into a nightmare.


Steve M
Sycamore Heights
on Jan 25, 2020 at 7:25 am
Steve M, Sycamore Heights
on Jan 25, 2020 at 7:25 am

We need entry housing or we won’t have anyone available to buy our existing homes when we are ready to move, up- or down-size, but to require housing without provisions for schools, water, sewage, traffic mitigation or police enforcement and expect the citizens of the TriValley to pay for them without participation in the planning is an example of an idea that is half-baked. Rep. Weiner needs to quit talking to the developers’ lobbyists and start thinking his legislation through before he acts.


Paul
Avignon
on Jan 25, 2020 at 11:53 am
Paul, Avignon
on Jan 25, 2020 at 11:53 am

It’s not pretty but stackable housing is the answer. You see it all over the world with big populations. We should be getting rid of the big lots and big lawns.


sjd
Livermore
on Jan 25, 2020 at 2:32 pm
sjd, Livermore
on Jan 25, 2020 at 2:32 pm

It would be nice if councilmembers engaged with the actual bill here.

First, SB50 was amended to allow cities 2 years to address how and where they wanted to build the housing. If they, for whatever reason, want a different makeup around their transit centers and want to carve out historic buildings beyond the state registry, they are welcome to do so. So the "one size fits all" objection is out.

"not prioritizing actual affordable housing"
Hello, let me introduce you to the 20 other housing bills the state has passed to give bonuses to income-restricted housing. Scott Wiener has introduced or helped pass many of these. Doesn't matter if cities still don't allow that housing due to zoning rules.

Yes, councilwoman Testa, we are aware that some cities would not want this reform. Every city shirking their own responsibility and pushing the problems further into the Valley is the problem. That's why the state is stepping in here.

We are all aware that cities don't create housing, councilman Pentin. "Zone and get out of the way" is not the way I would describe the city's housing approval process. "Once they get permits" is glossing over the whole problem.

I don't know what Councimember Narum thinks of inclusionary zoning, because that is included in the bill. In fairness, that doesn't drive costs down, it's more of an anti-segregation measure. But it's silly to claim there is nothing addressing rising construction costs. Needless delay for projects that comply with zoning, decade-long approval processes and the like. Of course, allowing more people near major transit centers helps with the land cost per dwelling, as well.

The Pleasanton city council is welcome to still disagree with SB50. But I'd rather they do it on the merits, and not whatever this discussion seems to have been.


Arroyo2
Another Pleasanton neighborhood
on Jan 27, 2020 at 6:37 am
Arroyo2, Another Pleasanton neighborhood
on Jan 27, 2020 at 6:37 am

sjd

Rather than counseling Councilmembers Testa and Narum about SB50, why don't you just reduce your manifesto by a few paragraphs and simply say, "Pleasanton -- If SB50 passes, it's our way or the highway!" Sacramento will dictate where, how large, and how tall your transportation oriented construction projects must be.


Kiko
Val Vista
on Jan 27, 2020 at 8:36 am
Kiko, Val Vista
on Jan 27, 2020 at 8:36 am

I guess now you know why that new project for Stoneridge Mall includes a food market. It's for those new apartments that are going to be built in that "transit-rich" area...the developer knows that what's proposed in a one party state usually becomes law in a one party state so he's forging ahead. And they try to make the argument that President Trump is a dictator (insert eye roll here). Be careful what and who you vote for...you probably will get it, except for Costco.


sjd
Livermore
on Jan 27, 2020 at 8:47 am
sjd, Livermore
on Jan 27, 2020 at 8:47 am

Arroyo2,

You clearly didn't read my comment if that was your reply.


Jason
Pleasanton Valley
on Jan 31, 2020 at 5:02 pm
Jason, Pleasanton Valley
on Jan 31, 2020 at 5:02 pm

We don't live in in Weiner's District. He shouldn't have any say over what happens here. The same guy who thinks transparency on bonds/taxes is a bad thing.

Also why is it that folks like him get to put up their up ideas for votes until they win? We have to win every vote to keep status quo but he only has to win once to impose his will.

Developers must love Weiner. He won't stop until he makes CA look like New Jersey his home state.


sjd
Livermore
on Feb 1, 2020 at 5:45 pm
sjd, Livermore
on Feb 1, 2020 at 5:45 pm

And you don’t live in Wiener’s district, but the Peninsula’s and SF’s decision to create jobs without housing and create jobs far from transit centers results in the absolute craziness that is our traffic and environmental situation. This is how states work.

Please, consider that there are a lot of bills on housing because the “status quo" is completely unacceptable for many, many people.


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