HomeMy WebLinkAboutRESOLUTION 2026-034 N.C.S. 04-06-2026
Resolution No. 2026-034 N.C.S. Page 1 of 2
Resolution No. 2026-034 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING A
LETTER OF SUPPORT FOR AB 1903 (WICKS)
WHEREAS, existing law (SB 800 from 2002) establishes standards, prelitigation procedures, burdens of
proof, and recoverable damages for residential construction defect claims; and
WHEREAS, AB 1903 (Wicks) proposes changes to how residential defect claims are addressed, including
the establishment of an optional certified building process, allow for builders to establish their own process to
handle postconstruction claims for certified buildings, allow for the release of future claims if the builder
performs repairs that are made, inspected, and approved, and revise the burden of proof to the claimant; and
WHEREAS, based upon the current text of the bill, the measure would provide a different statewide
framework for residential construction defect claims that should reduce the complexity and cost of residential
construction; and
WHEREAS, legislation which improves housing availability and affordability are consistent with the
goals of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. Finds that the Recitals set forth above are true and correct and are incorporated herein by reference.
2. Adoption of a Resolution authorizing a letter of support for AB 1903 is exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be
seen with certainty that the action has no possibility of causing a significant effect on the environment. In
the alternative, the action is not a project under CEQA Guidelines Section 15378 because it is an
administrative activity that will not result in direct or indirect physical changes in the environment.
3. Approves of the Letter of Support, attached as Exhibit A herein, and directs the City Manager, or her
designee, to submit the letter of support to the appropriate members of the California Legislature.
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Resolution No. 2026-034 N.C.S. Page 2 of 2
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 6th day of April
2026, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint
NOES: Shribbs
ABSENT: None
ABSTAIN:
None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
Attachment: Exhibit A – Letter of Support for AB 1903 (Wicks)
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Exhibit A
April 6, 2026
The Honorable Buffy Wicks
California State Assembly
1020 O Street, Suite 8140
Sacramento, CA 95814
RE: AB 1903 (Wicks), Construction Defects
Notice of SUPPORT (As Amended 2/12/26)
Dear Assembly Member Wicks,
The City Council of the City of Petaluma is pleased to support AB 1903 (Wicks), which will make
homeownership more accessible and affordable by addressing construction defect liability
rules that make it more expensive to build condominiums and missing-middle homes, thereby
limiting their affordability and production.
Condominiums and townhomes provide more attainable homeownership opportunities for
first-time buyers and working families, while also offering downsizing options for empty nesters
who want to remain in walkable, transit-accessible neighborhoods. Without a viable condo
market, we risk limiting wealth-building opportunities and forcing households into either renting
indefinitely or leaving our communities altogether.
One of the largest barriers to building for sale homes is California’s residential construction
defect law, established through SB 800 (2002). This law was intended to create a fair and
efficient process for resolving defect claims while giving builders the opportunity to repair
problems before litigation. Over time, however, that system has too often shifted away from
timely repairs and toward costly, prolonged litigation. As a result, existing homeowners are
often left waiting years for issues to be resolved. Additionally, the costs and uncertainty
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associated with litigation have made it harder to build condominiums. The result is that
condominium production has plummeted to less than 4,000 units a year in a state of 40 million
people.
AB 1903 restores the original intent of the law by strengthening the right to repair, improving
clarity and transparency in the claims process, and helping ensure disputes are resolved more
efficiently. By realigning incentives to address legitimate construction issues and reduce
unnecessary litigation risk, the bill will better support homeowners while also making it more
feasible to build attainable missing-middle homes in California.
AB 1903 refines California’s construction defect framework to better balance consumer
protections and construction litigation risks. The bill ensures defects get fixed, avoids
unnecessary litigation, and promotes affordable homeownership.
This issue is particularly important in Sonoma County, which has long been a leader in
combating sprawl through strong urban growth boundaries. These policies have helped
preserve open space and direct growth into existing communities—but they also require us to
ensure that infill development includes a full range of housing options, including for-sale
multifamily housing.
Importantly, AB 1903 does not undermine local control. Instead, it addresses a statewide legal
barrier that has distorted housing production across jurisdictions and prevented people from
putting down roots and building equity in their communities.
Homeownership remains one of the most important pathways to building generational wealth,
and California must ensure that pathway is available to more residents—not fewer. AB 1903
expands access to affordable homeownership and economic opportunity.
For these reasons, the City of Petaluma is pleased to support AB 1903 (Wicks).
Sincerely,
Peggy Flynn
City Manager, City of Petaluma
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