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HomeMy WebLinkAboutStaff Report 2304-1281CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, May 15, 2023 Council Chambers & Hybrid 5:30 PM     Agenda Item     13.Update, Discussion, and Potential Direction regarding State and Federal Legislation City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: City Manager Meeting Date: May 15, 2023 Report #:2304-1281 TITLE Update, Discussion, and Potential Direction regarding State and Federal Legislation RECOMMENDATION Staff recommends that the City Council receive an update on State Legislation and provide feedback on bills to monitor or take direction on. This action item is a follow-up discussion to the April 3, 2023 discussion. BACKGROUND AND ANALYSIS On April 3, 20231, the City Council received a brief legislative update from Townsend Public Affairs (Townsend) related to recent actions in Sacramento and Washington, D.C. and asked Townsend questions of interest. Specific State bills of interest to decide to support or oppose was not discussed by City Council due to meeting time constraints. Staff has included an updated memo from Townsend Public Affairs (Attachment A) with the current status of bills organized in the same way as the last memo. The memo is organized in the State updates section by pulling a handful of bills to the top and including specific Palo Alto impact information for those bills. The Mayor has signed letters for 4 of the 5 bills in the first table of the memo and those letters are included as Attachment B. The memo also lists other bills that Townsend is monitoring on behalf of the City. Staff also requested the League of California Cities to join for this update, if available, to share their State advocacy efforts on behalf of cities. Staff will continue to analyze these bills with Townsend as they progress. If desired, Council members may also raise for discussion other legislation of Palo Alto interest that is not listed in the memo or may recommend action on any of the bills listed on the monitoring list. The memo also includes a brief Federal update. 1City Council, April 3, 2023 Item 13: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1103 As a reminder, the 2023 State legislative calendar (which includes deadlines and other important dates) can be found online at: www.assembly.ca.gov/system/files/2023- 01/2023_legislative_calendar_final.pdf. This calendar provides helpful context when reviewing the bills included in the Townsend memo. Process: The question of process was included in the April 3rd memo and the City Council did not get to the discussion on that. The City Council expressed interest in being more involved in the legislative advocacy process, particularly related to State legislation. Going forward, Townsend and staff will regularly share legislative updates with the City Council based on the bills the City is monitoring or has taken positions on. If there are additional bills that Council members feel the City should be monitoring, please let staff know. Townsend and staff will review the bill and recommend a course of action. For context, the listed bills are being monitored in anticipation of potentially taking a position in the future depending on what happens with the bill. Staff would like to confirm the process that the City Council will use for reviewing legislation. In prior years, the process has varied between going first to the Policy and Services Committee versus review directly by the full City Council. Given the City Council’s interest in discussing and receiving the updates, staff could plan on a monthly agenda item on legislation between February and June each year. For 2023, this would be difficult as the City Council docket is very full in June. FISCAL/RESOURCE IMPACT There is no additional funding needed for this update report. The City Council budgets annually for the legislative advocacy services and these efforts are led by staff in the City Manager’s Office with stakeholder support across departments on key issues. STAKEHOLDER ENGAGEMENT Staff from multiple departments are involved in the legislative process in helping to review the impacts of bills as well as discussing grant opportunities linked to state and federal programs. ENVIRONMENTAL REVIEW The City’s legislative advocacy activities are not a project under section 15378(b)(25) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical changes in the environment). ATTACHMENTS Attachment A: State and Federal Update Memo from Townsend Public Affairs, May 2023 Attachment B: Recent Letters on State Legislation APPROVED BY: Ed Shikada, City Manager 1 M E M O R A N D U M To: The Honorable Lydia Kou and Members of the Palo Alto City Council CC: Ed Shikada, City Manager Chantal Cotton Gaines, Deputy City Manager From: Townsend Public Affairs Christopher Townsend, President Niccolo De Luca, Vice President Ben Goldeen, Federal Advocacy Manager Alex Gibbs, Grants Manager Carlin Shelby, Associate Date: May 4, 2023 Subject: State and Federal Legislative Updates Townsend Public Affairs, Inc. (TPA) has prepared this report for the City of Palo Alto to provide a summary of State and Federal efforts, highlight the current status of the legislative process, and identify various pieces of legislation that may be of interest to the City. State Legislative Updates With the deadline for measures with a fiscal impact to receive policy committee consideration by April 28, the month of April featured policy committees with packed agendas. The deadline marks an important milestone for bills, given that policy committees are responsible for the consideration of a bill’s policy implications. During the policy committee process, bills are amended and refined pursuant to committee member and stakeholder input. If they are deemed to have a fiscal impact, they move over to the appropriate Appropriations Committee, which gauges impacts on the state’s financial ability to support proposed programs. The shift from policy considerations to fiscal considerations aligns with the state’s budget process, which will kick into high gear in May, with the release of the May Revision. The Revision will offer an assessment of the state’s overall fiscal condition and ability to accommodate additional spending programs contained within various bills. In the coming weeks, appropriations committees may hold bills that are deemed to have too big of a fiscal impact or one that is duplicative of existing budget programs. We can expect a growing number of bills to turn into “2-year bills,” meaning that they will not progress during the 2023 Session, but may be revisited in 2024. Because the Legislative cycle runs a 2-year span, all bills that do not progress in the first year may be resurrected in the second year. Priority Legislation for the City of Palo Alto 1. Bills With City Positions The following chart provides an overview of bills with positions taken or pending positions to take as of May 2, 2023. 2 BILL SUMMARY/STATUS CITY IMPACT POSITION/ RECOMMENDATION AB 1505 (Rodriguez) Appropriates $250,000,000 for the purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing Status: Passed policy committee process in first house, pending consideration from the Appropriations Committee. Seismic safety improvements align with the Palo Alto City Council’s 2023 Priority of Community Health and Safety and will help the City progress in the seismic improvements objective. City Position: Support SB 43 (Eggman) Updates the definition of “gravely disabled” to include a new focus on preventing serious physical and mental harm stemming from a person’s inability to provide for their needs for nourishment, personal or medical care, find appropriate shelter, or attend to self-protection or personal safety, due to their mental or substance use disorder. Status: Passed policy committee process in first house, pending consideration from the Appropriations Committee. One of the Palo Alto City Council Priorities for 2023 is Community Health and Safety which includes some focus on mental health. This bill seems to align with that priority. City Position: Support SB 363 (Eggman) Establishes a real-time, internet-based dashboard to collect, aggregate and display information about the availability of beds in a range of psychiatric and substance abuse facilities. Status: Passed policy committee process in first house, pending consideration from the Appropriations Committee. One of the Palo Alto City Council Priorities for 2023 is Community Health and Safety which includes some focus on mental health. This bill seems to align with that priority. The City would need to further analyze the resources required for this legislation. City Position: Support SB 423 (Wiener) Extends the provisions of SB 35 (Wiener, Statutes of 2017) indefinitely. Removes coastal exemption and objective planning standards criteria. Status: Passed policy committee process in first house, pending consideration from the Appropriations Committee. Palo Alto has included in the Legislative Guidelines many principles to support local control of land use and this bill contrasts with that. City Position: Pending Opposition SB 719 (Becker) Requires law enforcement agencies to ensure any non-confidential radio communications are accessible to the public. Status: Passed policy committee process in first house, pending consideration from the Appropriations Committee. The City Council supported similar legislation in 2022. As of Fall 2022, the City of Palo Alto switched routine Palo Alto Police radio transmissions to now be broadcast on an unencrypted channel. This bill in it’s current form should not affect Palo Alto operations. City Position: Support 2. Bills With Recommended Action The following chart features four measures that TPA advocates have identified with recommendations for the City to take a formal position on, pending Council consideration and approval. These measures are not as clearly covered by the City’s Legislative Guidelines. 3 BILL SUMMARY/STATUS CITY IMPACT POSITION/ RECOMMENDATION AB 12 (Haney) Prohibits tenants from having to pay more than one month's rent as a security deposit for furnished or unfurnished rental property. This measure adds another tool in protecting renters against unreasonable housing costs. This could benefit residents in Palo Alto who utilize rental housing. Recommendation: Support AB 1598 (Berman) Requires DOJ to prepare a firearm-safety-certificate study guide, separate from the current instruction manual, explaining information covered on the firearm safety certificate test, and to develop a new pamphlet on the risk and benefits of firearm ownership. Status: Pending consideration from Appropriations Committee. Could improve public safety related to gun violence. City support demonstrates continued support for Assembly Member Berman’s legislative agenda. Recommendation: Support AB 1637 (Irwin) Requires cities to switch to a .gov domain if they have not already done so. Switching to a .gov domain is free of cost to qualified public agencies and incorporates additional cyber security protections. While free of cost, the update could create additional work for City IT departments. Amended to allow local governments until 2026 to comply. Status: Pending consideration from Appropriations Committee. This could present a long and costly process for the City to comply and could impact constituents’ ability to communicate with the City. Further, the bill is without state compliance support or tangible security benefits. Recommendation: Oppose ACA 1 (Aguiar- Curry) Lowers the necessary voter threshold from a two- thirds supermajority to 55 percent to approve local general obligation (GO) bonds and special taxes for affordable housing and public infrastructure projects. Status: Pending policy committee consideration. Not required to adhere to typical deadlines because it is a constitutional amendment. This bill creates another optional tool for infrastructure financing and levels the threshold between other public agencies that already enjoy a 55% voter threshold, such as school boards. Recommendation: Support 3. Notable bills with Recommendations to Monitor Progress The following chart encompasses priority legislation TPA advocates are monitoring on behalf of the City. Positions noted in the “Recommendation” column reflect the suggested position of “monitoring” from TPA advocates and are subject to change, pending a review of each bill’s impact on the City. Should the City Council or staff note any additional pieces of legislation to incorporate into this chart, TPA advocates will gladly accommodate. 4 BILL SUBJECT SUMMARY STATUS RECOMMENDATION AB 309 (Lee) Housing and Land Use Creates the California Housing Authority, as an independent state body, the mission of which would be to ensure that social housing developments that are produced and acquired align with the goals of eliminating the gap between housing production and regional housing needs assessment targets and preserving affordable housing. Pending consideration from the Assembly Appropriations Committee. Monitoring AB 557 (Hart) Open Meetings Extends modified teleconferencing provisions under the Brown Act when a declared state of emergency is in effect, or in other situations related to public health, indefinitely. Pending consideration on Assembly Floor. Monitoring AB 817 (Pacheco) Open Meetings Allows subsidiary bodies of a local agency to use alternative teleconferencing provisions under the Brown Act, without the need of a State of Emergency. Rescheduled to a later policy committee date at the request of the author. Monitoring AB 894 (Friedman) Housing and Land Use Requires public agencies to allow proposed and existing developments to count underutilized and shared parking spaces toward a parking requirement imposed by the agency. Pending consideration from the Assembly Appropriations Committee. Monitoring AB 1317 (Carrillo) Housing and Land Use Adopts a pilot program that requires property owners of new multi-family residential properties in certain counties to unbundle the cost of parking from the cost of the housing unit. Includes Santa Clara County. Pending consideration from the Assembly Appropriations Committee. Monitoring AB 1319 (Wicks) Housing and Land Use Modifies how the Bay Area Housing Finance Authority (BAHFA) may collect and expend revenue. Provides that actions taken by BAHFA to raise, administer, or allocate funding for tenant protection, affordable housing preservation, or new affordable housing production, or to provide technical assistance consistent with BAHFA’s purpose is exempt from the California Environmental Quality Act (CEQA). Pending consideration from the Assembly Appropriations Committee. Monitoring AB 1469 (Kalra) Homelessness Authorizes the Santa Clara Valley Water District to assist unsheltered people living along streams, in riparian corridors, or otherwise within the district’s jurisdiction, in consultation with a city or the County of Santa Clara, to provide solutions or improve outcomes for the unsheltered individuals. Pending consideration from the Assembly floor. Monitoring AB 1476 (Alvarez) Revenue, Taxation, and Economic Development Authorizes a city or local governments acting jointly to form a community and affordable housing reinvestment agency for the purposes of financing infrastructure and housing projects, purchasing and leasing property within the Pending consideration from Appropriations Committee. Monitoring 5 BILL SUBJECT SUMMARY STATUS RECOMMENDATION redevelopment project area, and other powers similar to those previously granted to redevelopment agencies. AB 1484 (Zbur) Labor Relations and Retirement Requires temporary employees of cities and counties to join existing bargaining units accessible to permanent employees. Imposes requirements on employers with temporary employees hired to do the same or similar work performed by permanent employees. Requires complaints alleging a violation of its provisions to be processed as unfair practice charges under the Meyers-Milias-Brown Act. Pending consideration from Appropriations Committee. Monitoring AB 1633 (Ting) Housing and Land Use Specifies that a local agency has disapproved a housing project in violation of the Housing Accountability Act (HAA) if it fails to make a determination that a project is exempt from the California Environmental Quality Act (CEQA), or fails to adopt, certify, or approve certain environmental documents under specified circumstances. Pending consideration from Appropriations Committee Monitoring AB 1637 (Irwin) Informational Technology (IT) Requires cities to switch to a .gov domain if they have not already done so. Switching to a .gov domain is free of cost to qualified public agencies, and incorporates additional cyber security protections. While free of cost, the update could create additional work for City IT departments. Amended to allow local governments until 2026 to comply. Pending consideration from Appropriations Committee. Monitoring ACA 1 (Aguiar- Curry) Revenue and Taxation Lowers the necessary voter threshold from a two-thirds supermajority to 55 percent to approve local general obligation (GO) bonds and special taxes for affordable housing and public infrastructure projects. Not required to adhere to typical deadlines because it is a constitutional amendment. Monitoring SB 2 (Portantino) Public Safety Creates a new issuing process for concealed carry weapons (CCW) licenses following the U.S. Supreme Court ruling in New York Rifle and Pistol Association v. Bruen from June of 2022. Pending consideration from Appropriations Committee. Monitoring SB 50 (Bradford) Public Safety Prohibits peace officers from initiating a traffic stop for specified low-level infractions unless a separate, independent basis for a stop exists. Pending consideration from Appropriations Committee. Monitoring SB 252 (Gonzalez) Labor Relations and Retirement Requires CalPERS to divest existing fossil fuel company investments on or before July 1, 2030. Passed Judiciary Committee. Referred to Appropriations Committee for assessment of fiscal impact. Monitoring 6 BILL SUBJECT SUMMARY STATUS RECOMMENDATION SB 321 (Ashby) Community Services Establishes the Local Public Library Partnership Program in which the State Librarian would coordinate with each local public library to ensure each student is issued a student success card by 3rd grade and increase their access to a library. Pending consideration from Appropriations Committee. Monitoring SB 405 (Cortese) Housing and Land Use Requires local planning agencies to submit to HCD an electronic copy of its housing inventory and post it on their website. The inventory posting must include a notice describing how property owners can submit information to the planning agency indicating interest in adding a site to the land inventory and developing the site for housing. Also requires HCD to launch a pilot program to develop a methodology to analyze if the inventory of suitable land has identified adequate sites to accommodate a city's RHNA goals. Pending consideration from Appropriations Committee. Monitoring SB 429 (Bradford) Energy and Utilities Requires natural gas corporations to credit customers all revenues, including accrued interest, received as a result of the greenhouse gas cap and trade program. Requires those credits to be distributed during the February billing cycle, so as to coincide with the highest usage gas utility bill during the year. Pending consideration on Senate Floor. Monitoring SB 450 (Atkins) Housing and Land Use Identified as the SB 9 (Atkins, Statutes of 2022) "Clean-up bill." Among other things, prevents local agencies from creating zoning, subdivision, and design rules that do not apply equally to all development within a particular area. Pending consideration from Appropriations Committee. Monitoring SB 537 (Becker) Governance and Transparency Allows for members to teleconference in cases where a board, commission, or advisory body encompasses a multi-jurisdictional service area. Pending consideration from Senate Judiciary Committee. Monitoring. SB 567 (Durazo) Housing and Land Use Provides renter protections including expanding the population of protected tenants, limiting allowable rent increases, and closing loopholes related to the no-fault just cause for eviction. Pending consideration from Appropriations Committee. Monitoring SB 572 (Stern) Energy and Utilities Requires the PUC, Energy Commission, and the Federal Energy Regulatory Commission to each consider imposing additional requirements to protect ratepayers from price spikes, stranded assets, duplication of services, and the risk of windfall profiteering and market manipulation in wholesale and retail markets. Pending consideration from Appropriations Committee. Monitoring SB 634 (Becker) Homelessness Creates a new type of low-barrier navigation centers called “opportunity housing,” and expands the by-right approval for low-barrier navigation centers to include opportunity housing projects. Pending consideration from the Appropriations Committee. Monitoring 7 BILL SUBJECT SUMMARY STATUS RECOMMENDATION SB 834 (Portantino) Housing Enacts the California Family Home Construction and Homeownership Bond Act of 2023 (bond act), which, if adopted, would authorize the issuance of bonds in the amount of $25,000,000,000. Pending consideration from the Appropriations Committee. Monitoring State Budget Update During the last week of April, the Senate Democratic Caucus released its revised budget priorities document, in preparation for the Governor’s release of the May Revision of the budget. Beginning in January of each year, the Governor releases a preliminary budget proposal, which kicks off the call-and-response process between the Administration and the Legislature on how best to spend taxpayer dollars. The budget process is in a unique position this year, with the extension of the tax filing deadline for individuals and businesses as a result of the severe winter storms. This extension will impact the delivery of returns data the Department of Finance will need to compile an accurate and comprehensive spending plan. One of the fundamental differences between the Governor’s and the Legislature’s spending plans is whether or not to draw on reserve funds to mitigate issues associated with the anticipated deficit, which was projected to be close to $22 billion in January. The Governor proposed spending cuts and deferrals to programs to protect the over $37 billion in reserve funds, citing concerns with a looming recession and the need for cash on hand should the state experience an economic downturn. The Legislature, on the other hand, has proposed using reserve funds to keep key spending programs funded at current levels, which points to the name of their counter-budget proposal – “Protect our Progress.” However, other budget experts caution against the use of reserve funds. For instance, in Mid- April, the State’s Legislative Analyst Gabe Petek released an article overviewing the state’s anticipated fiscal condition, its causes, and the implications of drawing from reserve funds to offset revenue losses. Petek iterated that the revenue construction is not an outright downturn, but rather the other side of its recent revenue boom. The extraordinary General Fund revenue growth was allocated toward massive one-time and multi-year spending programs that are too high relative to revenue performance typical of historic norms. Petek warned that recent turmoil in the banking sector, tech industry losses, and inflation and unemployment trends point to a looming recession that could send revenue estimates below baseline levels. To preserve mid-range financial security within the state, he favors the preservation of reserve funds and the cut and deferral of existing spending programs. While not the final decision maker on the matter, the Legislative Analyst’s Office offers critical insight into the state’s fiscal condition to be incorporated into spending practices. This insight could influence the state’s final spending strategy. Key spending priorities within the Senate Democrat’s budget plan include the following: • Rejects proposed cuts and delays to key infrastructure investments, such as broadband, transit, student housing, climate package investments, libraries, and more. • Accelerates previously budgeted Transit Infrastructure funds, and provides local flexibility to enable the funds to be used for operations as a bridge until a permanent operations fix can be established. 8 • Creates a $10 billion Housing and Infrastructure Fund to fund one-time projects and programs that the Governor proposes to cut or delay. This includes Funding affordable housing, Transit infrastructure, Broadband, Clean energy, Student housing, School facilities, and more. • Turns current one-time funding for the HHAP program into $1 billion of ongoing funding to provide local governments. • Provides $4.3 billion in tax relief by slashing tax rates by 25 percent for small businesses, improving the Renters Tax Credit and CalEITC, and implementing the Workers Tax Fairness Tax Credit. The Governor will release his May revision to the budget next month, which will guide ongoing negotiations between his Administration and the Legislature. However, due to the delay in tax return data, a comprehensive budget plan may not be fully realized until later this summer. FEDERAL UPDATES Update on Congressionally Directed Spending Submittal The City/TPA team worked in partnership to draft, fine-tune, and submit a congressionally directed spending request for infrastructure funding to help redevelop the Buena Vista Mobile Home Park. The Park, a locally significant affordable housing resource, is in desperate need of sustainable redevelopment, including 100% electrification. An award would assist the predominantly Latinx and very low-income residents who call it home. This application was in partnership with the Santa Clara County Housing Authority and the requested amount was $2 million. The request was submitted to Senator Padilla, Senator Feinstein, and Congresswoman Eshoo. Senator Feinstein and Congresswoman Eshoo have chosen the project as one of their priorities to submit to the Appropriations Committee. While there is still a long road ahead and many upcoming negotiations between the two parties on how to proceed with the FY24 Appropriations Process, the support from both members increases the chances of the Buena Vista Mobile Home Park being incorporated into the final budget agreement. Federal Budget Update On April 26, the House voted 217-215 to approve a bill (H.R. 2811) that would raise the nation’s debt limit for one year and scale back federal spending. The legislation – dubbed the Limit, Save, Grow Act of 2023 – would suspend the nation’s borrowing limit, currently set at $31.4 trillion, through March 31, 2024, or until the federal debt increases by another $1.5 trillion, whichever comes first. The bill also would freeze fiscal year 2024 discretionary spending at 2022 levels (a reduction of approximately $130 billion) and limit the growth of spending over the next decade to one percent annually. The proposed plan also includes structural changes to social safety net programs like the Supplemental Nutrition Assistance Program (SNAP), the Temporary Assistance for Needy Families (TANF) program and Medicaid. These include new work and income threshold requirements for benefit recipients at specific ages. The Biden Administration has stood in strong opposition to the spending plan, with the President threatening to veto it. Should it pass over to the Senate, the measure will be dead on arrival in 9 the Democratic-led Chambers. Without action by Congress to raise the debt limit, which is projected to be reached as early as this summer, the U.S. government faces a potentially catastrophic default. Despite political concerns about its feasibility, GOP members say that it is a crucial step to strengthen their negotiating position against President Biden amid questions about whether Speaker McCarthy would be able to unite his fractious conference to pass any fiscal outline at all. Attachment B: Letters Submitted to Date (aligned with Legislative Guidelines) AB 1505, SB 43, SB 363, and SB 719 CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650-329-2100 May 4, 2023 The Honorable Freddie Rodriguez California State Assembly, District 53 1021 O Street, Room 1200 Sacramento, CA 95814 RE: AB 1505 (Rodriguez) Seismic Retrofitting: Soft Story Multifamily Housing City of Palo Alto - Notice of Support Dear Assembly Member Rodriguez, On behalf of the City of Palo Alto, I write in support of your legislation AB 1505, which would grant $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund. This critical funding provides for matching grants for seismic retrofit engineering and construction to protect affordable multifamily housing developments from earthquakes. With California’s historic vulnerability to earthquakes, it is urgent and imperative to provide funding for seismic retrofitting. Funding for this program was originally included in budget trailer legislation and signed into law by the Governor in 2022. However, the funding was proposed to be omitted from the 2023 preliminary budget submitted to the Legislature. AB 1505 will work to restore this funding on an urgency basis. To keep our community safe from future earthquake damage and fatalities, it is pertinent to comply with seismic building standards, and provide adequate funding to ensure public safety and disaster preparedness needs are met. California has historically been a hub of major earthquake disasters, given its position along the tectonic plate boundaries including the San Andreas, San Gregorio-Hosgri, and Hayward-Rodgers Creek fault zones. AB 1505 will help protect our State and local communities from earthquake damage and devastation by ensuring compliance with seismic retrofitting to proactively prepare for future disasters. By submitting this letter, we express our support for the inclusion of the pre-dedicated $250 million for seismic retrofitting support in the upcoming iteration of the State’s budget, whether catalyzed by this legislation or similar budget trailer legislation. For these reasons, the City of Palo Alto supports AB 1505. Sincerely, Lydia Kou Mayor City of Palo Alto CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650-329-2100 May 4, 2023 The Honorable Susan Eggman California State Senate 1021 O Street, Room 8530 Sacramento, CA 95814 RE: SB 43 (Eggman) Behavioral Health. City of Palo Alto – Notice of Support Dear Senator Eggman, On behalf of the City of Palo Alto, I write in support of your SB 43, which modernizes portions of California's behavioral health treatment system and social safety net system to ensure that vulnerable individuals with the most acute needs receive access to the care they need. SB 43 modernizes the definition of "gravely disabled" within the Lanterman-Petris-Short Act to include conditions that result in a substantial risk of serious harm to an individual's physical or mental health. This includes the inability to seek medical care, adequate shelter, or self-protection and safety. Updating this definition better reflects the contemporary realities present in our communities, ensuring that individuals at risk of significant harm receive the help they need. Additionally, this measure allows relevant medical history to be considered by the court in a uniform manner across the state by creating a hearsay exemption for information contained in a medical record so all relevant information can be presented and considered by the court. This would ensure that a complete and accurate picture is presented in court when considering the very serious step of conservatorship. Cities are on the front lines of addressing homelessness and need additional tools and resources to end this crisis in our state. We recognize that for unsheltered individuals with severe behavioral health needs, access to a comprehensive care system can be essential to addressing their homelessness. That is why The City of Palo Alto is eager to support legislation such as SB 43, which takes a comprehensive look at our existing system and makes targeted improvements. For these reasons, the City of Palo Alto is pleased to support your SB 43. Sincerely, Lydia Kou Mayor City of Palo Alto CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650-329-2100 May 4, 2023 The Honorable Susan Eggman Chair, Senate Health Committee State Capitol, Room 3310 Sacramento, CA 95814 RE: SB 363 (Eggman) Facilities for inpatient and residential mental health and substance use disorder: database. City of Palo Alto – Notice of Support Dear Senator Eggman, On behalf of the City of Palo Alto, I write in support of your SB 363, which would establish a real- time behavioral health bed database. Specifically, this measure would require the State Department of Health Care Services to develop a database by 2025 to collect, aggregate, and display information about beds in inpatient psychiatric facilities, crisis stabilization units, community care facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities. This information would help provide timely access to care and increase coordination between service settings. SB 363 would additionally require this database to include data related to the facility, including if a bed is available, the services provided, diagnoses, and the age range for which the bed is appropriate. This data would streamline access to care and be a valuable tool for local leaders and policymakers in directing funding and resources based on bed capacity and utilization. Mental illness and substance use, like many other health conditions, when treated early and with appropriate supports and services, will be less disabling and result in fewer adverse outcomes. SB 363 would provide easily accessible bed availability data that would connect individuals to care more quickly, and also help cut down on extended emergency room stays. As a City we have prioritized community health and safety and believe that mental health support is a vital part of health and safety. We believe SB 363 is a step in the right direction, providing critical data to help assess the capacity of our system. For these reasons, the City of Palo Alto is pleased to support your SB 363. Sincerely, Lydia Kou Mayor City of Palo Alto CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650-329-2100 May 4, 2023 The Honorable Josh Becker California State Senate, District 53 1021 O Street, Room 7250 Sacramento, CA 95814 RE: SB 719 (Becker) Law enforcement agencies: radio communications City of Palo Alto - Notice of Support Dear Senator Becker, On behalf of the City of Palo Alto, I write in support of your SB 719, which requires a law enforcement agency (LEA) to ensure any non-confidential radio communications are accessible to the public, in real time. Specifically, this bill allows an LEA to choose one of the following options to provide public access to certain radio communications: (a) provide unencrypted radio communications that may be accessed on a scanner or is available on-line, or (b) provide encrypted communications, if requested. The bill does not require access to channels used for confidential information or other communications that would unreasonably jeopardize public safety or the safety of officers if made public. In October of 2020, the California Department of Justice (DOJ) sent out a bulletin to all law enforcement agencies regarding radio encryption. This bulletin stemmed from an order by the Federal Bureau of Investigations to restrict all criminal justice information (CJI) and personal identifiable information (PII) to authorized personnel. The bulletin stated all transmission of such information must be encrypted and provided agencies two options: 1) move to full encryption of radio communications, or 2) establish a policy to restrict dissemination of CJI and PII, or data elements that meet those definitions. The City agrees that access to police activity, while still ensuring safeguards for the public’s sensitive and confidential information, is important. This information helps local news outlets provide real time updates for major news events such as wildfires and other public safety concerns. The City of Palo Alto is proud to support your efforts to increase visibility for the public and the media into police calls for service. Palo Alto last year unencrypted the police department's primary dispatch channel thus providing real-time radio access to police communications while protecting personal information. Your bill would encourage other police departments to seek solutions to protect data while also providing public access. Existing law does not guarantee public access to police radio communications, nor does it prohibit public access to unencrypted police radio channels. Existing law does, however, make it a crime to use any intercepted public safety radio communication to assist in the commission of a crime or evade capture by law enforcement. This bill provides much needed clarity for how the public may access and utilize police communications to ensure the public’s safety, police safety, and confidentiality. For these reasons, the City of Palo Alto is pleased to support your SB 719. Sincerely, Lydia Kou Mayor City of Palo Alto