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Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

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Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.
Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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Alameda County

Alameda DA Pamela Price is Ready to ‘Protect the Win’ in Upcoming Recall Election

Alameda District Attorney Pamela Price and her “Protect the Win” campaign held a press conference Wednesday morning to discuss the consolidation of the recall election with the November general election and her steps moving forward. “We are here today to appreciate that the Board of Supervisors yesterday did the right thing and decided not to invest $20 million of our hard-earned tax dollars for a failed effort to overturn the November 2022 election,” Price said.

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Alameda District Attorney Pamela Price held a press conference Wednesday morning at Everett & Jones to discuss the recall election and her path forward now that a date is scheduled for November. Photo by Magaly Muñoz.
Alameda District Attorney Pamela Price held a press conference Wednesday morning at Everett & Jones to discuss the recall election and her path forward now that a date is scheduled for November. Photo by Magaly Muñoz.

By Magaly Muñoz

Alameda District Attorney Pamela Price and her “Protect the Win” campaign held a press conference Wednesday morning to discuss the consolidation of the recall election with the November general election and her steps moving forward.

“We are here today to appreciate that the Board of Supervisors yesterday did the right thing and decided not to invest $20 million of our hard-earned tax dollars for a failed effort to overturn the November 2022 election,” Price said.

The Board of Supervisors voted unanimously Tuesday evening to consolidate the recall election so as to not put themselves in an even larger deficit than they are soon headed into. The board reported that they are almost $68 million in deficit for the county budget, but now with the consolidation, the election will only cost taxpayers about $4 million.

Proponents of the recall had continuously asked the Board to schedule a special election in August, regardless if it would cost upwards of $20 million to fund.

At her press conference, Price emphasized that she is the first non-appointed district attorney in decades and the first Black woman elected for the position.

She characterized the recall efforts against her to be a “platinum roots movement” bankrolled by a handful of super-rich real estate investors and tech executives.

The recall group Save Alameda For Everyone (SAFE) raised over $3 million for their campaign against Price, spending a large amount of their funds on paying signature gatherers to collect names to put the election on the ballot. This has created a point of contention with many who are opposing the recall efforts.

Although her campaign has not been able to raise nearly as much money, she assures the community that their efforts are best used for “defending the democracy” and serving the residents of Alameda County.

Price challenged the big donors behind the recall efforts, stating that if they have thousands of dollars to spend on overturning an election, then they can better use their funds to invest in the community, such as donating to Oakland Unified School District, Highland Hospital, homeless and housing services and anti-trafficking efforts.

A few key donors mentioned were Philip Dreyfuss, who donated $600,000; Isaac Abid donated $225,000; Kenneth Lin donated $100,000; and John Wayland donated $135,000.

The DA said she will continue to do her job including advocating for victims, prosecuting people who have committed crimes in the community, combatting retail theft efforts, implementing new technology to protect youth, amongst many other priorities.

The recall proponents have long accused Price of being “soft on crime” and that crime rates have gone up since she’s been in office, but according to Oakland Police data, crime is down 33% since 2023.

When asked about the drop in crime rates on Tuesday, SAFE leaders said they do not follow OPD data because they claim it is not accurate. They only listen to what they hear from the community.

Price refuted the accusations stating that her office does not track or count the type of data that the opposition claims to be following. She says that the recall supporters are spreading misinformation and the data they are referencing only “exists in the figment of their imagination.”

In an annual report that the DA Office released last week, it revealed that Price is prosecuting cases at a similar rate to her predecessor. Former DA Nancy O’Malley was prosecuting anywhere from 60% to 66% of cases in 2019 to 2022, while Price prosecuted 62% of cases in 2023.

Price stated that being district attorney is her priority and this recall election would not stop her from doing her job. She trusts the efforts of the Protect the Win campaign to ensure that the message of keeping her in office is heard loud and clear.

“We believe in democracy, the people of this county have the right to elect a district attorney. They did that. We should not have to do it again, but we will do it again,” Price said.

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Bay Area

California Makes Strides in Fight Against Fentanyl

California National Guard’s Counterdrug Task Force has seized over 7,000 pounds of fentanyl including 3.4 million pills since the state launched a multi-agency operation in January 2024. Gov. Gavin Newsom announced the state’s progress on May 7, National Fentanyl Awareness Day. The Governor said he deployed the state’s highway patrol and National Guard personnel last year as part of a public safety operation in partnership with local government officials and law enforcement.

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In the past five years, California has invested $1.1 billion in operations and initiatives to fight crime, support local law enforcement, and improve public safety. The Newsom administration has implemented a comprehensive approach as part of the governor’s Master Plan to tackle the fentanyl and opioid crisis.

By California Black Media

California National Guard’s Counterdrug Task Force has seized over 7,000 pounds of fentanyl including 3.4 million pills since the state launched a multi-agency operation in January 2024.

Gov. Gavin Newsom announced the state’s progress on May 7, National Fentanyl Awareness Day.

The Governor said he deployed the state’s highway patrol and National Guard personnel last year as part of a public safety operation in partnership with local government officials and law enforcement.

“As we recognize the serious dangers of illegal fentanyl, California is continuing to tackle this issue head-on. Our efforts are getting this poison off our streets and out of our communities as we continue to support people struggling with substance use.” Newsom said.

CalGuard Major General Matthew Beevers said that the state’s unprecedented investment in the Counterdrug Task Force has immobilized operations and revenue channels of transnational criminal organizations.

“The CalGuard is committed to supporting our state, federal, local and tribal law enforcement partners to eliminate the scourge of fentanyl,” Beevers said.

In the past five years, California has invested $1.1 billion in operations and initiatives to fight crime, support local law enforcement, and improve public safety. The Newsom administration has implemented a comprehensive approach as part of the governor’s Master Plan to tackle the fentanyl and opioid crisis.

The Newsom administration has expanded efforts to improve public safety across the state where operations occurred in cities such as San Francisco, Oakland, and Bakersfield.

San Francisco Mayor London Breed acknowledged that joint operation was a step in the right direction toward curbing illegal activity and improving public safety.

“Our coordinated work to shut down drug markets in San Francisco is making a difference, but we have more work to do,” Breed said.

“Together we are sending a message at all levels of government that anyone selling fentanyl in this city will be arrested and prosecuted,” she said.

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Alameda County

Community Rally Demands Supervisors Merge Recall with Regular Elections

A group of community-based organizations rallied prior to the May 14 Alameda County Board of Supervisors’ vote to persuade the Board to vote to merge the recall election of District Attorney Pamela Price with the regularly scheduled election calendar in November. The groups urged the county to use the funds for healthcare and homelessness relief rather than a special election.

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Special to The Post
Special to The Post

By Post Staff

A group of community-based organizations rallied prior to the May 14 Alameda County Board of Supervisors’ vote to persuade the Board to vote to merge the recall election of District Attorney Pamela Price with the regularly scheduled election calendar in November.

The groups urged the county to use the funds for healthcare and homelessness relief rather than a special election.

Stewart Chen, a member of the Oakland Chinatown Improvement Council, told the Post that he and many members of the community-based participants supported the decision made by the Supervisors.

Chen said, “The voters voting in a special election in September will likely vote the same way in the November election. An extra two months won’t change people’s minds, but it will result in significant savings for the county. During times of financial uncertainty, especially when the county healthcare system is facing a huge deficit, it is unnecessary to waste taxpayers’ money on a special election that can easily wait two months.”

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Alameda District Attorney Pamela Price held a press conference Wednesday morning at Everett & Jones to discuss the recall election and her path forward now that a date is scheduled for November. Photo by Magaly Muñoz.
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