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HomeMy WebLinkAboutCC AG PKT 2004-01-12 #C City of Seal Beach Agenda Report Date: January 12, 2004 To: Honorable Mayor and City Council From: John B. Bahorski City Manager Subject: Request by Council Member Antos - Sponsor Proposed Legislation to Address Exempting Seal Beach from the Obligations of Meeting the Regional Affordable Housing Needs SUMMARY OF REQUEST: Council Member Antos is requesting City Council consider sponsoring legislation through Assembly Member Harman that would exempt Seal Beach from the affordable housing requirements. Typically, the first step in the legislative process is to have the City Council submit proposed language and a letter of support. Assembly Member Harman would then determine if he would incorporate this proposed legislation into his legislative package of bills. Attachment "A" is a flow chart of the legislative process that all bills go through before becoming a law. BACKGROUND: With the assistance of the City Attorney, the proposed language that would be developed into legislation reads as follows: Notwithstanding any other provision of law, for a City in which at least 50% of the existing housing units are affordable for persons of very low, low, or moderate income according to the 2000 census, with a population of less than 25,000 persons and which is partially in a coastal zone, if the City determines on the basis of the inventory of land conducted pursuant to Section 65583 (a) (3) that less than 5% of the aggregate area of the City is suitable for residential development, that City may elect to adopt a housing element that makes no provision for new housing or the share of regional housing needs as determined pursuant to Section 65584 for the current and subsequent revisions of the housing element pursuant to Section 65588. • rtam C 1 . Attachment `B" is the existing section of the Government Code that would be amended to add this abovementioned language. Council Member Antos is requesting City Council consider this proposed language and forward it to Assembly Member Harman for consideration. FISCAL IMPACT: No fiscal impact. RECOMMENDATION: Discuss and take appropriate action. SUPPORTING DOCUMENTS: A) California Legislative Process B) Government Code Section 65584 C) Letter to Assembly Member Harman •, • 'k. .t ALIFORN.ti � 'G,s, � t irY'x"' + E - ' = Y ,,,.. , _--- - :'< ``� t •,' #x� a - ss. r� - CIA L� l''S''''''' L�AT � P � RO � C �E�S • � . __ ..„.i„:,,, ...:,:_:....,-,-_,, , s -, - ,,., ...., ,-1.--v -.:._ -_- ,,,.,,,,,,„,.., . ,_...„ „,,... :.. - - INITIAL STEPS BY AUTHOR ` " . IDEA DRAFTING INTRODUCTION Sources of bills: legislators, legis- Formal copy of bill and layman's Bill submitted by senator or as- lative committees, governor, state digest" prepared by Legislative sembly member. Numbered and and local governmental agencies, Counsel. read first time. Referred to policy business firms, lobbyists, citizens. committee by Assembly or Senate Rules Committee. Printed. ACTION IN HOUSE OF ORIGIN COMMITTEE SECOND READING lo,. FLOOR DEBATE AND VOTE Testimony taken from author, proponents and op- Bills given do -pass recommen- Bills are read the third time and debated. A roll -call ponents. Typical actions: Do pass; amend and do dations are read the second time vote follows. For ordinary bills, 21 votes are needed pass; no action; hold in committee (kill); amend and on the floor and placed on the in the Senate and 41 in the Assembly. For urgency re -refer to same committee; refer to another corn- daily file (agenda) for debate on a bills and most appropriations measures, 27 and 54 mittee; send to interim study. Committee actions subsequent day. votes are required. lfthese numbers are not reached, are reported to the floor. Bills with any fiscal the bill is defeated. Any member may seek reconsid- implications, if approved by policy committee, are eration and a second vote. If passed or passed with re- referred to Appropriations Committee. amendments, the bill is sent to the second house. - ACTION IN SECOND HOUSE • ' READING 0 COMMITTEE SECOND - READING 10,. FLOOR DEBATE AND VOTE Bill is - read the first time and Procedures and possible If cleared by committee, the bill is The procedure is identical to the first referredto committee bythe actions are nearly identical read a second time and placed on house. If a bill is passed without having been Assembly or Senate Rules to those in the first house. the daily file (agenda) for debate amended in the second house, it is sent back to Committee:„ , - and vote. house of origin for enrollment, then to the • governor's desk. (Resolutions are sent to the • . Secretary of State's Office.) If amended in the second house and passed, the measure re- . . • • turns to the house of origin for consideration of • amendments. •RESOLUTION OF'TWO= HOUSE • ' �' � � - `' � - THE GO V E R N O R • ' . -- • DIFFERENCES (IF NECESSARY) CONCURRENCE CONFERENCE SIGN OR VETO? . The house of origin decides whether to If the conferees present a recommenda- Within 12 days after receiving a bill, the govemor may sign accept the second -house amendments. tionforcompromise (conference report), it into law, allow it to become law without his signature or If the amendments are approved, the both houses vote on the report. If the veto it. Bill is sent to Secretary of State's Office and given bill is sentto the governor. If the amend- report is adopted by both, the bill goes to a chapter number. A vetoed bill returns to the house of ments are rejected, the bill is placed in the governor. If the conferees fail to origin for possible vote on overriding the veto. It requires the hands of a two -house conference agree, or if either house rejects the re- a two- thirds majority of both houses to override. Urgency committee composed of three senators port, a second (and even a third) confer- measures may become effective immediately after signing. and three Assembly members. ence committee may be formed. Others usually take effect the following January 1st. 30 © Copyright 2003 Information for Public Affairs, Inc. --,- - e • 1 LOCAL PLANNING §65584 I 1 • , =',7: — .:,.. — i',--.. - - § 65584. Local government's share of regional housing need . . - 4'lzIs 1 1 , (a) For purposes of subdivision (a) of Section 65583, a locality's share ' ; , • .- . t • of the regional housing needs includes that share of the housing need - - of 'persons at all income levels within the area significantly affected by a jurisdiction's general plan. The distribution of regional housing : • , , ii needs shall, based upon available data, take into consideration market demand for housing, employment opportunities, the availability of - , r • I suitable sites and public facilities, commuting patterns, type and tenure of:housing need, and the housing needs of farmworkers. The :::,, - : , 17= • ?. distribution. shall seek to avoid further impaction of localities with ' 11 ;hi l i lreatveygh proportions of lower income households. Based upon data . provided by the Department of Finance, in consultation with • - i t 1 e ac h council of government, the Department of Housing and Commu- •=- t. 1•1:,,, ni ty Development shall determine the regional share of the statewide housing need at least two years prior to the second revision, and all ... i l• k : -' • subsequent revisions as required pursuant to Section 65588. Based i'..-2 ... iupon data provided by the Department of Housing and Community , need f i l l Deveopment relative to the statewide neeor housing, each council t • . l , • -' of governments shall determine the existing and projected housing , .. , 1 . .. i ; IF-, need r its region. Within 30 days following notification of this ' ;G' 1 determination, the Department of Housing and Community Develop- :-..-..-... ment shall ensure that this determination is consistent with the statewide housing need and may revise the determination of the ,±? council of governments if necessary to obtain this consistency. Each ; S locality's share shall be determined by the appropriate council of .g. governments consistent with the criteria above with the advice of the - .•.,, , - v. 0 department subject to the procedure established pursuant to subdivi- sion (c) at least one year prior to the second revision, and at five-year t ; intervals following the second revision pursuant to Section 65588. , (b) For areas with no council of governments, the Department of .41 Housing and Community Development shall determine housing mar- • ket areas and define the regional housing need for localities within • ':. these areas. Where the department determines that a local govern- 1 1 ment possesses the capability and resources and has agreed to accept t 1 the responsibility, with respect to its jurisdiction, for the identification h , and determination of housing market areas and regional housing .., needs, the department shall delegate this responsibility to the local • governments within these areas. • (c) Within 90 days following a determination of a council of govern- .1';j1 1 , ments pursuant to subdivision (a), or the department's determination ,.'',1 ' pursuant to subdivision (b), a local government may revise the I 1 1 ' • determination of its share of the regional housing need in accordance 11 • , , with the considerations set forth in subdivision (a). The revised share shall be based upon available data and accepted planning methodol- ., ogy, and supported by adequate documentation. Within 60 days after - . 1 , . , ; t1, , the time period for the local government's revision, the council of 1, 285 .if 111;11' : : • • : %.,_ q ') 4.0 r ' t �,� - L ' : � ' - •sr - ''' - - - r r ° C u ' 9 t �OF SEA 6 r t r rf 3 z r� ] ,/ 1 'a , y". r ' ;,7_, j k r 4. 4 S i 5 1. � -c5 '' ' Fj s r �f _ -.er i �' F S 4 � � ` ; ; f Y r �. i i ' i 3= - i '9 o� )60.'6, �P Q eirc _ � r Gp UNTYC P r � ' i t n . • • . t N� r •• ,' ■ i '; CITY HALL 7 1!1_ EIGHTH STREET -;;-"'' , r � , ' a , f - r `. SEAL BEACH, .CALIFO4AI4 90740 (�62) 431 =25'� •www.�� seal b�ach.oa_us.' -- t ,:..�. :;. *.'Y.Y� .., .� :1 t „r Yw _ ;.1 y �;.. i s _ , r :: ... Y :-, F �` t • ? C { 43 . , tf. h. �: ;�fi`' i n s` {� r.i. >* + f r by �. = �, f ,:;..t !,` : AA 7 i ', r:- 'r#: , r , y r15 � ' -�r}�� #'� I-a �. y.. -i.Z = } v'' , 7 f .,,i!' ,, J i% a , ,.. _ •-,p a _ r�'� t> r '''r...it'..+i. h T y ; - ti . h , S . r n: ' S1 7 ''� . . . ", � . . ` w J r .., t . -. k .� Y,ri.A dy ` °.r, �Y S'l .,'�- ry HZ;,: = ,'iya� c +_ ' 3 " F. . i 3; -'" 7- 1�tf" '-i, C 1'''-t' ,� u *s � . wifi ,, ,: , , �y �,' ni .� f ,.. .r . ,nr � r" R hz- ., '`a. ° , �* R E Vie E , ' . , . ii'C�,r..,- .�'�,. -x.. B. ;!s. 3t,-.w -.Ckt� " v.,a'��+lwr-31.a_ _ = „"�.,� .r � : �S �.�,v3" •.f+� �a;e f. 7, x y `�" �� mot. s1.�� t' • ,xc 3� January 13, 2004 Assembly Member Tom Harman State Capital Building #5158 Sacramento, CA 95814 ' Dear Assembly Member Harman: The City of Seal Beach is seeking to amend Government Code Section 65584 to allow a city to be exempt from the State's fair share housing formula if that city meets certain criteria. The City Council unanimously supports this proposed legislation in order to make State - housing law fair to Small cities that are virtually built out. As you are no doubt aware small cities are finding it increasingly difficult to meet the unrealistic requirements related to State housing law. This proposed amendment to Government Code Section 65584 would provide relief from the unfair burdens of current State law. The following paragraph is the proposed amendment to Government Code Section 65584 that the City of Seal Beach is requesting you sponsor: Notwithstanding any provision of law, for a City in which at least 50% of the existing housing units are affordable for persons of very low, low, or moderate income according to the 2000 census, with a population of less than 25,000 persons and which is partially in a coastal zone, if the City determines on the basis of the inventory of land conducted pursuant to Section 65583 (a) (3) that less than 5% of the aggregate area of the City is suitable for residential development, that City may elect to adopt a housing element that makes no provision for new housing or the share of regional housing needs as determined pursuant to Section 65584 for current and subsequent revisions of the housing element pursuant to Section 65588. 1 December 23, 2003 Assembly Member Tom Harman Page 2 It is the City's sincere desire that you add this proposed legislative amendment to your 2004 legislative bills submitted to Assembly for consideration. If you have any questions or concerns regarding the proposed language, please call City Manager, John B. Bahorski, at (562) 431 -2527. Sincerely, A ,4. Za414i2jAili Patricia E. Campbell Mayor C: City Council City Manager