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HomeMy WebLinkAbout83-41 - Opposing Assembly Bill 1599RESOLUTION NO. 83 -41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OPPOSING THE ADOPTION OF ASSEMBLY BILL 1599 WHICH WOULD DEPRIVE MUNICI- PALITIES OF GAS TAX REVENUES IN THE EVENT THE STATE HOUSING & COMMUNITY DEVELOPMENT DEPART- MENT DETERMINED THAT A CITY FAILED TO PROVIDE • ITS FAIR SHARE OF REGIONAL HOUSING NEEDS WHEREAS, AB 1599 provides that a local Council of Governments of the State Housing & Community Development Depart- ment could deprive a City of gas tax revenues by making a deter- mination that a City had failed to provide for its fair share of regional housing needs; and WHEREAS, AB 1599 fails to provide sufficient standards to guide the discretion of the local Council of Governments or the State Housing & Community Development Department in making such a determination and in the absence of such standards, the determinations of those agencies may be arbitrary and capricious; and WHEREAS, the State Legislature has recently enacted statutes (the Roos Bill) which require Municipalities to amend their housing elements such that each element contains an assess- ment of housing needs and an inventory of resources and con- straints relevant to the meeting of those needs, a statement of the community's goals, quantified objectives and policies rela- tive to the maintenance, improvement and development of housing, and a program which sets forth a five -year schedule of actions the municipality is undertaking, or intends to undertake, to implement the policies and objectives; and WHEREAS, existing law, as outlined above, is more than adequate to ensure that local agencies take all action necessary to ensure provision of housing for all segments of the community and existing law also provides a mechanism which allows the State, or private parties, to file a legal challenge to the hous- ing element of any City or County, to determine whether it com- plies with State law; and WHEREAS, the sanction provided in AB 1599 is inconsis- tent with the legal mechanisms presently available for a review of the housing policies of a City or County, and that sanction bears no rational relationship to the legitimate objective of the State in ensuring that cities provide for housing for all seg- ments of the community; and WHEREAS, AB 1599, insofar as it seeks to deprive cities of revenue from gas tax, is counterproductive in that it takes from cities and counties revenue necessary for the construction of circulation system improvements which are necessary, prior to the development of property, in already congested areas; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby expresses strong opposition to Assembly Bill 1599, on the grounds that it unjustifiably in- fringes on the rights of local Governments, is unnecessary in view of the current provisions of State law which mandate cities to institute programs to provide for housing for all segments of the community, and grants unlimited discretion to agencies un- familiar with local conditions to impose sanctions which will hamper local communities in their efforts to provide for low and moderate income housing. BE IT FURTHER RESOLVED that the Mayor of the City of Newport Beach is hereby authorized to transmit this Resolution to all appropriate public officials, in conjunction with correspon- dence which further explains the opposition to AB 1599 by the City of Newport Beach. ADOPTED this 25th day of April , 1983. a roll U FAI.