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.