HomeMy WebLinkAbout34-Development ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: James Funk, Director Subject: Resolution in Support of Assembly
Bi112863 -Housing Element Reform
Dept: Development Services
MCC Mtg. of March 18, 2002
Date: March 7, 2002
Synopsis of Previous Council Action:
None.
Recommended Motion: That the Mayor and Common Council adopt the resolution.
~~
James Funk
Contact person: 1LalP^P r Rnee Phone:
Supporting data attached: Staff Reuel, Resn Ward: CiTyywide _
FUNDING REQUIREMENTS: Amount: N/A
Source:
Finance:
Council Notes:
2~50~-` 262 - kK
Agenda Item No.
~/o. 3 y
3/Id~02~
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT: Resolution of the Mayor and Common Council of the City of San Bernardino in
support of Assembly Bi112863 -Housing Element Reform
Mayor and Common Council Meeting of March 18, 2002
BACKGROUND
In 1999, the Southern California Association of Governments (SCAG) released the Regional
Housing Needs Assessment (RHNA) to its member jurisdictions. SCAG is comprised of the
counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura, and all of
the cities within those counties. The RHNA is a 5-year plan for the production of housing units,
and is the basis of the City's housing element.
SCAG determined that the City needed to accommodate 3,782 new housing units through 2005.
Of that total, almost 50% were in the affordable range. In January 2000, the City appealed the
RHNA allocation on the basis that the baseline data was outdated and inaccurate, it did not take
into account local variables such as the closure of Norton A.F.B., our high vacancy rate and
HUD foreclosures, the recession of the 1990s, and the fact that the majority of housing units in
the City meet the definition of affordable. That was followed in Apri12000 by a resolution of the
Mayor and Common Council objecting to the RHNA. In the fall of 2000, SCAG ultimately
granted the City's appeal of the RHNA, reducing our allocation to zero. However, the state
department of Housing and Community Development (HCD) did not concur, and reinstated
allocation at 3,782 housing units.
Throughout 2001, staff completed the City's Housing Element. Section 65585 of the
Government Code requires jurisdictions to submit draft Housing Elements to HCD for review
and comment, prior to adoption. HCD determines whether the drab element substantially
complies with the requirements of state law. After review of the draft Housing Element by the
Planning Commission, it was submitted to HCD in November 2001 and comments received in
January 2002. HCD noted that our draft housing element "provides a good foundation for a
housing element that complies with State housing law." The City has two options at this point: 1)
change the draft element as per HCD's comments, or 2) adopt findings explaining why we
believe the draft element substantially complies with state law. Staff is working to address the
comments, and revise the draft element as appropriate. Unfortunately, the "back and forth" cycle
takes a lot of staff time and resources, and delays adoption.
The City has land available to accommodate the RHNA without redesignating non-residential to
residential uses or increasing residential densities. The emphasis in the City's draft Housing
Element is on improving existing neighborhoods, reducing/removinghlight, creating
opportunities for development that creates jobs and generates tax revenues, and providing
opportunities for upscale housing.
Preparation of housing elements is lazgely a paper exercise. Neither the RHNA process nor the
housing element preparation, review, and adoption process provide affordable housing in azeas
where affordable housing is actually needed.
Assembly Bi112863
There is widespread consensus that housing element reform is long overdue. However, there is
difficulty reaching a consensus on actual changes. Assembly Bill 2863, authored by
Assemblyman John Longville, and co-authored by Assembly Members Speier and Daucher,
attempts to address both sides of the issue. Exhibit A is a summary of the legislation prepazed by
the League of California Cities. Staff agrees with, and supports, the key components proposed in
this legislation.
FINANCIAL IMPACT
There is no financial impact to the City resulting from adoption of the resolution.
RECOMMENDATION
Adopt Resolution.
Attachment A
AB 2863 (Longville, Thomson; Coauthors: Speier, Daucher). Housiug Element Reform Bill.
AB 2863 has been introduced at the request of the League and CSAC. The introduced version of the
legislation declaze legislative intent regazding the development and adoption of local housing elements to
enact legislation to accomplish the following:
• Address issues involving the development of regional housing need projections.
• Resolve issues and problems associated with the distribution of regional housing needs within a
council of governments.
• Clarify and improve the housing element review process.
• Develop a neutral dispute resolution process and fair enforcement alternatives to deal with
disputes over questions of compliance.
• Develop fiscal tools and incentives to assist local governments in their efforts to encourage
housing and finance the infrastructure to support housing, as well as establish an ongoing state
commitment to funding affordable housing.
• Require state laws and policies that affect housing and land use to be internally consistent.
• Establish additional legal protections to local agencies that approve affordable housing and that
establish local proactive affordable housing policies.
In addition, the bill establishes a definition of "residential unit" and "substantial compliance" under the
law, and contains additional intent language that acknowledges some of the difficulties local governments
face in promoting development of additional housing. This is simply an initial vehicle for a potential
comprehensive housing elemen! reform proposal.
Local governments spent much energy last year in opposing SB 910 (Dunn), which proposed fines and
penalties, imposed presumptions ofnon-validity on local housing elements, when there was a
disagreement with the state over the interpretation of the law, and threatened to hold local gas tax
revenues (or possibly VLF) revenues hostage until a local government capitulated to the desires of state
plan reviewers. Over 280 cities sent letters opposing that bill.
Now is the chance for cities to write letters advocating for what we stand for in terms of housing element
reform. The principles for reform listed above, reflect the key issues that the League, CSAC, CaICOG,
and the American Planning Association are jointly advocating for in the current negotiations in the
legislative working group chaired by Assembly Member Lowenthal (Chair, Assembly Housing and
Community Development Committee), Assembly Member Wiggins (Chair, Assembly Local Government
Committee).
Although negotiations so far have been productive, the final outcome of these discussions remains
unclear. In addition to the anticipated threats during the negotiations by the SB 910 proponents to move
this punitive legislation, a January 23, memo, jointly-authored by Assembly Members Alan Lowenthal,
Patricia Wiggins, and Senator Dunn, established a May deadline for the legislative housing element
working group. The memo states, "We prefer that legislation coming out of this working group be the
product ojconsensus. However, we want to make it clear that if the working group is unable to reach
consensus or continues to be delayed, the three ofus will work on our own to move legislation this ev ar. „
In this chazged legislative environment, the League and other local government groups will remain active
in good-faith negotiations in the working group; however, should the discussions break down, local
government groups need to preserve our options to place a comprehensive housing element reform
proposal in front of the Assembly Local Govemment and Housing Committees.
To build support for housing element reform, every city that desires reforms to address the principles
listed in AB 2863 should immediately send a support letter to the author, with copies to your legislators,
and both the Assembly Local Government and Kousing Committees. In addition, ask your legislator to
co-author this legislation. Ijyour legislator is the author or a coauthor of this bill, make sure to thank
them for their leadership in seeking balanced housing element reform. Copies of a sample support letter
for AB 2863 are available on the League's Website at www.cacities.org. Staff: Dan Carrigg.
~,~ n,~~
1 RESOLUTION NO.
• 2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO IN SUPPORT OF ASSEMBLY BILL 2863 -HOUSING
ELEMENT REFORM.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 WHEREAS, addressing the state's many housing needs requires a productive working
7
relationship between local governments and the State; and discussion that must involve the full
8
scope of issues which affect housing production; and
9
10 WHEREAS, AB 2863 addresses issues involving the regional housing need projections
11 and resolves issues and problems associated with the distribution of regional housing needs
12 within a council of governments; and clarifies and improves the housing element review
13 process; and
14
WHEREAS, AB 2863 develops a neutral dispute resolution process and fair
15
enforcement alternatives to deal with disputes over questions of compliance; and
16
17 WHEREAS, AB 2863 develops fiscal tools and incentives to assist local governments
18 in their efforts to encourage housing and finance the infrastructure to support housing, as well
19 as establish an ongoing state commitment to funding affordable housing; and
20 WHEREAS, AB 2863 requires state laws and policies that affect housing and land use
21 to be internally consistent; and establishes additional legal protections to local agencies that
22
approve affordable housing policies;
23
NOW, THEREFORE, be it resolved, that the Mayor and Common Council of the City
24
25 of San Bernardino does hereby support the passage of Assembly Bi112863.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO IN SUPPORT OF ASSEMBLY BILL 2863 -HOUSING ELEMENT
REFORM.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernazdino at a meeting thereof, held on the
day of , 2002, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this day of ,
2002.
i
Judith Valles, Mayor
City of San Bernazdino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
BY~ l w.v. ~ Y G%~.t~~..~-c
~i
RESOLUTION AGENDA ITEM TRACHING FORM
Meeting Date (Date Adopted): °~i - I ~'-~ Item # ~ Resolution # ~~ ~~
Vote: Ayes ~" ~ Nays ~ Abstain .~~ Absent ~-
Change to motion to amend original documents:
Reso. # On Attachments:
Note on Resolution of Attachment stored sepazately: L
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor ~J-19 -~~
Date of Mayor's Signature: 3 '~G'Oa
Date of Clerk/CDC Signature: ~ al-Ga
NulWoid After: '
By: -
Reso. Log Updated:
SealImpressed: /
Date Memo~e r~Sent four Signature: See Attached: _ Date Returned: ~'
60 Day Reminder Letter Sent on~tltt-d. : See Attached: _
90 Day Reminder Letter Sent on 45th day: See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Yes
Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
Copies Distributed to:
City Attorney !~ Code Compliance Dev. Services / EDA
Parks & Rec. Police Public Services Water Others:
Notes:
No By
No ~~ By
No _~ By
No By
No~ By
Finance MIS
BEFORE FILING REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File~'~ Date: ~~ Q~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
Contract term: -..~
Revised Ol/l2/Ol