Item 18 - Approval of Position on Pending Legislation and Supporting CDBG Program
TO:
FROM:
INITIATED BY:
DATE:
SUBJECT:
AGENDA REPORT SUMMARY
Honorable Mayor and Members of the City Council
James L Bowersox, City Mana~
Paolo Romero, Management Assistant 11
April 26, 2005
Approval of Position on Pending Legislation and Adoption of Resolution Supporting the
Community Development Block Grant (CDBG) Program
ABSTRACT
The City has been notified of AB 11-City Council Compensation, AB 24-Mountain Lions: License
Tags, AB 194-Brown Act Violations: Remedy, AB 260-State Fire Marshal: Fire Response Time:
Reports, AB 549-Affordable Housing, AB 463-Local Agencies: Security Information, AB 1233-Housing
Element: Regional Housing Need, AB 1248-Criminal Law: Booking Fees, ACA 5-Public Retirement
Systems, ACA 7-Local Government Taxation: Special Taxes: Voter Approval, SB 8-Political Reform
Act of 1974: Conflicts of Interest, SB 20-Auto Insurance: Low-Cost Policies: Evidence of Financial
Responsibility, SB 435-Housing: Density Bonuses, SB 521-Local Planning: Transit Village Plans, and
SB 1049-SAFE Teams; which are pending before the State Legislature. In addition, a Resolution
urging support of continued federal funding of the Community Development Block Grant (CDBG)
Program at current levels and the retention of the Program within the Department of Housing and
Urban Development has been attached for Council review and consideration.
ENVIRONMENTAL REVIEW
This report is not subject to CEQA review.
FISCAL IMPACT
Staff is currently reviewing the impact of the proposed legislation.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council support AB 1248, ACA 7, and SB 1049; oppose AB 24, AB
194, AB 260, AB 549, AB 1233, and SB 435 unless amended; and watch AB 11, AB 463, ACA 5, SB
8, SB 20, and SB 521; and inform members of the State Legislature, organizations, and committees
of the City's position. It is also recommended that the City Council adopt the attached resolution in
suooort of maintainina the Community Develooment Block Grant ICDBG) ProQram at its current level.
I ACTION I
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CITY OF POWAY
AGENDA REPORT
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council, staff
or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the
report number and give it to the City Clerk prior to the beginning of the City Council meeting.
TO:
FROM:
Honorable Mayor and Member~ City Council
James L. Bowersox, City Man~
Paolo Romero, Management Assistant 1J.
INITIATED BY:
DATE:
April 26, 2005
SUBJECT:
Approval of Position on Pending Legislation and Adoption of Resolution
Supporting the Community Development Block Grant (CDBG) Program
BACKGROUND
The California State Legislature is currently considering several bills, which may be of interest to the
City of Poway. This report contains a review of these bills and indicates a recommended position for
the City Council's consideration.
1. AB 11 - City Council Compensation
2. AB 24 - Mountain Lions: License Tags
3. AB 194 - Brown Act Violations: Remedy
4. AB 260 - State Fire Marshal: Fire Response Time: Reports
5. AB 549 - Affordable Housing
6. AB 463 - Local Agencies: Security Information
7. AB 1233 - Housing Element: Regional Housing Need
8. AB 1248 - Criminal Law: Booking Fees
9. ACA 5 - Public Retirement Systems
10. ACA 7 - Local Government Taxation: Special Taxes: Voter Approval
11. SB 8 - Political Reform Act of 1974: Conflicts of Interest
12. SB 20 - Auto Insurance: Low-Cost Policies: Evidence of Financial Responsibility
13. SB 435 - Housing: Density Bonuses
14. SB 521 - Local Planning: Transit Village Plans
15. SB 1049 - SAFE Teams
Additionally, at the Federal Government level, changes have been proposed to the Community
Development Block Grant (CDBG) Program. This report outlines the proposed changes and includes
a resolution for the Council's consideration opposing the proposed changes.
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FINDINGS
1. AB 11 (De La Torrel- City Council Compensation
CURRENT LAW
Existing law specifies the procedures for setting the compensation of City Councilmembers.
PROPOSED LAW
AB 11 requires that an elected member of a City Council, who seryes on a commission or committee
created by or under the jurisdiction of the City Council, shall not receive compensation for that
seryice in excess of $150 per commission or committee per month.
COMMENTS
As presently proposed, AB 11 may affect the City of Poway. Staff will continue to monitor this bill.
It is recommended that the City Council join the League of California Cities and watch AB 11.
2, AS 24 (Maze) - Mountain Lions: License Taas
CURRENT LAW
Proposition 117, an initiative measure approved by voters in 1990, enacted the California Wildlife
Protection Act of 1990, which provides protection for the mountain lion under California laws.
PROPOSED LAW
AB 24 requires the Department of Fish and Game to annually conduct a statewide lottery for the
issuance of 116 license tags for the hunting and killing of mountain lions. The bill specifies the
eligibility requirements for participation in the lottery. The bill permits a license tag holder to use no
more than 3 dogs to hunt mountain lions during the open season, which is specified as all year. The
bill also requires the Fish and Game Commission to establish mountain lion hunting zones
throughout California and the number of tags to be issued for each zone. The bill requires the
Commission to prohibit the taking of mountain lion cubs and female mountain lions accompanied by
mountain lion cubs, and to determine the definition of a mountain lion cub for the purposes of this
prohibition. The sale or possession of any mountain lion or any part thereof is permitted, if the
mountain lion was taken in accordance with the bill's provisions.
COMMENTS
The City of Poway is committed to the preservation of open space and the wildlife that inhabit these
areas. In Southern California, the substantial rise in human population has contributed to the decline
of several lion populations that are now considered threatened. Existing law already provides
flexibility and reasonable control over mountain lions to protect public health and safety. With no
clear indication that hunting will increase public safety, alternative methods such as research and
additional public education should be pursued in order to responsibly manage mountain lion
populations.
It is recommended that the City Council oppose AB 24.
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3. AB 194 (Dvmally) - Brawn Act Violations: Remedv
CURRENT LAW
The Ralph M. Brown Act (Brown Act) requires, with specified exceptions, that all meetings of a
legislative body of a local agency be open and public, and all persons be permitted to attend. The
Brown Act authorizes the district attorney or any interested person, to commence an action for a
judicial determination, that an action of a local agency legislative body, taken in violation of the
Brown Act, is null and void, but requires that the body have an opportunity to cure or correct the
alleged violation prior to commencement of legal action. The Brown Act provides that an action of
the body alleged to having violated specified provisions, shall not be determined to be null and void,
if the action was taken in substantial compliance with those specified provisions and in other
specified circumstances.
PROPOSED LAW
AB 194 removes the requirement that the legislative body be allowed to cure or correct an alleged
violation prior to commencement of a legal action, and removes provisions that preclude specified
actions from being determined to be null and void.
COMMENTS
AB 194 seeks to nullify the right of a local agency to correct any alleged Brown Act violation prior to
the commencement of judicial action, even in those situations where the violations were an
inadvertent mistake or misunderstanding. AB 194 will diminish existing protections afforded to
public agencies under the Brown Act by eliminating a local agency's ability to make "good faith"
efforts to correct violations that may have occurred without the intention of depriving the public's
open meeting rights. This bill also seeks to remove the 90-day timeframe a local agency has to
receive notification of an alleged violation. Removing the timeframe for violation notifications
exposes local agencies to an indefinite period of time in which violations may be alleged. The lack
of a timeframe can risk future decisions of a governing body, including those in reference to
expenditures and entering into contracts being nullified by a court regardless of when the alleged
violation occurred.
It is recommended that the City Council join the League of California Cities and oppose AB 194.
4. AB 260 (Bermudez) - State Fire Marshal: Fire Response Time: Reports
CURRENT LAW
Existing law requires the chief fire official of each fire department operated by the state, a city, city
and county, fire protection district, organized fire company, or other public or private entity that
provides fire protection, to provide to the State Fire Marshal information and data relating to each fire
that occurs within the chief fire official's jurisdiction. Existing law requires the State Fire Marshal to
adopt regulations that prescribe the scope of the information to be reported. Existing law also
requires the State Fire Marshal to annually analyze the information and data reported, compile a
report, and disseminate a copy of the report, together with the analysis, to each chief fire official in
the state.
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PROPOSED LAW
AB 260 requires the State Fire Marshal, in consultation with the State Board of Fire Services and
specified experts, to adopt revised regulations to require the statistical information furnished on and
after January 1 , 2007, to include response time and staffing level information that is compatible with
the National Fire Incident Reporting System established by the Federal Emergency Management
Agency. On or after July 1,2007, this bill requires the report to include a comparison of benchmarks
found in a nationally recognized standard for fire protection to the response time, and staffing data
for each reporting fire department. The bill authorizes the State Fire Marshal, instead of
disseminating the report to each chief fire official, to make this annual report available on the State
Fire Marshal web site on and after July 1, 2007, if it is determined to be the most cost-effective
means of disseminating the report. By increasing the duties of local officials, this bill imposes a
state-mandated local program. If the Commission on State Mandates determines that the bill
contains costs mandated by the state, reimbursement for those costs will be made pursuant to
statutory provisions.
COMMENTS
As currently written, the intent of AB 260 is to compare the response times and staffing levels of
each reporting fire department with the standard found in NFPA 1710 (National Fire Protection
Association). While it is important for local governments to develop performance objectives,
benchmarks, and evaluations, it is problematic to compare fire department data to the controversial
NFPA 1710 standard, which is opposed by most local jurisdictions in California. Each city in this
state is demographically, geographically, and fiscally different from one another, and it is impossible
to apply one set of response standards and objectives equally to each. Developing appropriate fire
service delivery objectives, fire service emergency response staffing criteria, and emergency
response time performance criteria, should be based upon the resources of the individual fire
departments and the needs of the communities they serye.
It is recommended that the City Council join the League of California Cities and oppose AB 260.
5. AS 549 (Salinas) - Affordable HousinCl
CURRENT LAW
The Planning and Zoning Law requires each city, county, or city and county in California to prepare
and adopt a general plan that contains mandatory elements, including a housing element. This law
also prescribes that the provisions include identification of adequate sites for housing. A city or
county is allowed to substitute the prescribed affordable housing identification for a specified percent
of the obligation to identify adequate sites for any income category. The Planning and Zoning Law
also requires a city, county, or city and county to submit a draft housing element or draft to determine
whether the draft complies with state law governing housing elements. Existing law also prohibits a
local agency from disapproving or imposing specified conditions on an affordable housing
development unless it makes specified written findings.
PROPOSED LAW
AB 549 establishes a pilot program to allow a city or county to adopt an alternative production-based
certification of its housing element subject to approval by the state Department of Housing and
Community Development. Alternative certification would be required to meet other specified criteria,
including an unspecified percentage of the jurisdiction's share of the regional housing need for very
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low, low-, and moderate-income households. This bill revises one ofthe specified findings for which
a local agency may make a written finding, based on substantial evidence in the record, to
disapprove or conditionally approve of an affordable housing development. This bill also authorizes
actual damages as compensation for documented quantifiable losses suffered by a plaintiff or
petitioner in an action brought to enforce the program provisions as a direct result of a local agency
disapproving or conditioning its approval of an affordable housing development, as specified.
COMMENTS
AB 549 establishes an alternative means to determine housing element compliance with state law.
Current law only requires a city to identify adequate sites but does not require units be produced
through new construction. The alternative means would require actual production of new units, or
rehabilitation/acquisition of existing units, based on certain criteria. At this point the legislation does
not identify a percentage of the regional share that would have to be produced during the housing
element planning period. This alternative means to certify the housing element still requires review
by the Department of Housing and Community Development, but the city need only consider their
comments.
The requirement to base housing element compliance on the production of housing is a step in the
right direction. However, AB 549 does not identify the percentage of the regional share allocation
that would have to be constructed. This is critical because in the past, the number of units projected
to be built in the City of Poway, even for market rate units, has been higher than what has actually
been built.
It is recommended that the City Council join the League of California Cities and watch AB 549.
6. AS 463 (Tranl - Local Aaencies: Security Information
CURRENT LAW
Under the Ralph M. Brown Act (Brown Act), meetings of the legislative body of a local agency are
required to be conducted openly and publicly, with specified exceptions. The Brown Act specifies
that if certain information is disclosed in an open and public session prior to holding a closed
session, the legislative body of a local agency may hold closed sessions with specified persons on
matters posing a threat to the security of public buildings, a threat to the safety and delivery of
essential public seryices, or a threat to the public's right of access to public seryices or public
facilities.
PROPOSED LAW
AB 463 additionally allows a closed session with those specified persons on matters posing a threat
to private property or facilities that are open to the general public, including response strategies and
preventative measures relating to the threat.
COMMENTS
Although AB 463 would provide flexibility to legislative bodies of local agencies during times of crisis
or emergency, unintended violations of the Brown Act may increase due to additional closed
sessions being conducted by local agencies.
It is recommended that the City Council join the League of California Cities and watch AB 463.
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7. AS 1233 (Jones) - Housina Element: Reaional Housina Need
CURRENT LAW
The Planning and Zoning Law requires each city, county, or city and county to prepare and adopt a
general plan for its jurisdiction that contains certain mandatory elements, including a housing
element. One part of the housing element is an assessment of housing needs and an inventory of
land suitable for residential development to meet the jurisdiction's share of the regional housing
need, including vacant sites and sites having potential for redevelopment. An analysis of a proposed
residential development in relation to existing public and private facilities and services located on the
potential sites are also required.
PROPOSED LAW
AB 1233 requires that a jurisdiction's land inventory include the share of the regional housing need in
the current planning period, and any portion of the share that remains unmet from the planning
period for all income levels, pursuant to these provisions. For purposes of making the assessment
and inventory, any portion of the regional housing need from the previous planning period that
remains unmet must also be included.
COMMENTS
AB 1233 would constantly increase a local jurisdiction's share of the regional housing need by
including unmet shares from the previous planning period. Currently most cities find it challenging to
meet their share of the regional housing need as prescribed by existing law. The passage of this bill
would make it very difficult for cities to meet their regional housing need share for each subsequent
planning period. If passed, local jurisdictions may be forced to subsidize housing developers in order
to meet their assessed share.
It is recommended that the City Council join the League of California Cities and oppose AB 1233.
8. AS 1248 (Umbera) - Criminal Law: Sookina Fees
CURRENT LAW
Existing law authorizes a county to impose a booking fee for county costs incurred in processing or
booking persons arrested by employees of specified entities and brought to county facilities for
booking or detention.
PROPOSED LAW
AB 1248 specifies that a county shall be authorized to impose a booking fee only with respect to
specified non-felonious offenses and all municipal code violations.
COMMENTS
AB 1248 will reduce the County of San Diego's booking fee charges that are assessed to the City of
Poway. This bill removes felonies, DUl's, batteries, and sex crimes from the list of crimes for which
booking fees can be charged. The City of Poway typically expends between $35,000-$52,000 each
year in booking fee charges. With the passage of AB 1248, cities throughout Califomia will realize a
significant savings of $25 million collectively.
It is recommended that the City Council join the League of California Cities and support AB 1248.
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9. ACA 5 (Richman) - Public Retirement Systems
CURRENT LAW
The California Constitution reseryes a role for the elected officials of this state in the governance of
public pension systems through several means, including the power to determine the
appropriateness of retirement benefits for public employees. Under the current state, as well as
many local governments' pension structure, known as a "defined benefit" system, retirees receive a
lifetime annuity. The amount of the annuity is calculated with a formula that includes age, years of
service, and salary. Under this plan, an employee retiring at age 55 receives an annual pension
benefit equal to two percent of the highest 12 months of salary (sometimes referred to as "highest
final compensation") times years of service. An employee whose highest annual salary was $50,000
and who seryed for 25 years would receive retirement benefits of $25,000 annually. The employee
and the employer contribute to the pension fund over the employee's working career.
PROPOSED LAW
ACA 5 establishes the California Public Employee Defined Contribution Plan. This measure
provides that on and after July 7, 2007, any person hired as a new employee by a public agency may
enroll only in a defined contribution plan of a public pension or retirement system, and is prohibited
from enrolling in a defined benefit plan. This measure limits employer contributions to a defined
contribution plan to an unspecified percentage of the employer's payroll, establishes other
parameters for defined contribution plans, and also sets forth related findings of the Legislature.
COMMENTS
City staff will continue to closely monitor this item. The Administrative Services Department will
provide the City Council with a full report on this proposal in the near future.
It is recommended that the City Council join the League of California Cities and watch ACA 5.
10. ACA 7 (Nation) - Local Governmental Taxation: Special Taxes: Voter Approval
CURRENT LAW
The California Constitution conditions the imposition of a special tax by a city, county, or special
district upon the approval of two-thirds of the voters of the jurisdiction voting on that tax, except that
certain school entities may levy an ad valorem property tax for specified purposes with the approval
of 55% of the voters within the jurisdiction of these entities.
PROPOSED LAW
ACA 7 changes the two-thirds voter-approval requirement for special taxes to instead authorize a
city, county, or special district to impose a special tax with the approval of 55% of its voters voting on
the tax.
COMMENTS
ACA 7 provides local governments additional fiscal flexibility when deemed necessary. This bill
reduces the voter threshold that must be met in order for local governments to obtain approval from
their community for a special tax for specific services. Specifically, ACA 7 allows local governments
to impose a special tax if approved by 55% of voters, instead of the two-thirds margin currently
required by the California Constitution. This bill recognizes that a reduced voter threshold is only
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useful to the extent that cities would have sufficient discretion to raise revenues consistent with local
priorities.
It is recommended that the City Council join the League of California Cities and support ACA 7.
11. SB 8 (Sotol- Political Reform Act of 1974: Conflicts of Interest
CURRENT LAW
The Political Reform Act of 1974 prohibits former members of a state administrative agency and
former members of a district board from representing any persons before the state administrative
agency or the district board, under specified conditions. Existing law makes violations of this Act
subject to administrative, civil, and criminal penalties.
PROPOSED LAW
SB 8 prohibits a local elected official, chief administrative officer, city managerladministrator, or
general manager/chief administrator who held a position with a local government agency, for a
period of one year after leaving that office or employment, from representing an entity or persons for
the purpose of influencing administrative or legislative action. This bill imposes a state-mandated
local program by imposing administrative, civil, and criminal penalties on persons who violate the
provisions of the bill.
COMMENTS
As presently proposed, SB 8 may affect the City of Poway. Staff will continue to monitor this bill.
It is recommended that the City Council join the League of California Cities and watch SB 8.
12. SB 20 (Escutial - Auto Insurance: Low-Cost Policies: Evidence of Financial
Responsibilitv
CURRENT LAW
Existing law establishes, until January 1, 2007, a low-cost automobile insurance pilot program in the
County of Los Angeles and the City and County of San Francisco. Existing law provides for the
issuance of automobile liability policies pursuant to the pilot program under specified terms and
conditions, and provides that a policy so issued satisfies specified requirements regarding financial
responsibility.
PROPOSED LAW
SB 20 eliminates the expiration date for the pilot program provisions. As of April 2006, this bill
extends the low-cost automobile program to the Counties of Alameda, Fresno, Orange, Riverside,
San Bernardino, and San Diego. The bill requires the Insurance Commissioner to establish the
annual rate offered initially under the pilot program for the added counties, and to adopt regulations
to extend the program to these counties.
COMMENTS
SB 20 provides individuals, specifically low-income persons that typically do not possess auto
insurance, with affordable auto insurance liability policies subject to program requirements.
It is recommended that the City Council join the League of California Cities and wat~ SB 20.
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13. SB 435 (Hollinasworth) - Housina: Densitv Bonuses
CURRENT LAW
The Planning and Zoning Law requires, when a developer of housing proposes a housing
development within the jurisdiction of the local government, that the city, county, or city and county
provide the developer with a density bonus or other incentives or concessions for the production of
lower-income housing units or the donation of land within the development if the developer meets
certain requirements, including a requirement that the developer agrees to construct a specified
percentage of the total units for specified income households or qualifying residents. Existing law
prohibits a city, county, or city and county from applying a development standard that has the effect
of precluding the construction of a development meeting the affordable housing criteria that entitles
the developer to a density bonus and incentives or concessions. Existing law also authorizes a
developer to apply for a waiver or reduction of development standards and requires the developer to
show that the waiver or modification is necessary to make the housing units economically feasible.
PROPOSED LAW
SB 435 includes within the "incentives eligibility requirements" the construction of a mobile home park
that limits residency based on age requirements for housing for older persons and the construction,
for persons and families of moderate income, of a community apartment project and a stock
cooperative. This bill requires a city, county, or city and county to permit an additional incentive or
concession for projects in which the developer is entitled to a density bonus, but can use less than
50% of the density bonus. This bill also deletes the requirement that the developer show that the
waiver or modification to the development standards is necessary to make the housing units
economically feasible.
COMMENTS
This bill is a follow-up to last year's amendment to the state density bonus law, further making it
easier for developers to qualify for such bonuses. The bill eliminates the requirement that an
applicant show that the concessions given by a city are necessary to make the housing units
economically feasible. While a state mandated program, the bill would provide that no
reimbursement is required.
It is unclear why community standards should be reduced, or additional concessions be granted to
developers who cannot demonstrate that they are necessary. Staff believes it is important to amend
the bill to delete the additional incentive requirements and retain the requirement that the developer
prove the waiver or modification is necessary to make the housing economically feasible.
It is recommended that the City Council join the League of California Cities and oppose SB 435
unless amended.
14. SB 521 (Torlakson) - Local Plannina: Transit Villaae Plans
CURRENT LAW
The Transit Village Development Planning Act of 1994 authorizes a city or county to prepare a transit
village plan for a transit village development district that is planned and designed so that residents,
workers, shoppers, and others find it convenient and attractive to patronize transit. This plan
includes all land within not less than a quarter mile of the exterior boundary of the parcel on which is
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located a transit station, and addresses specified characteristics, including a neighborhood centered
around a transit station and a mix of housing types. The plan is required to show 5 public benefits
that reduce traffic congestion. Also, Community Redevelopment Law specifies both the physical and
economic conditions that cause blight.
PROPOSED LAW
SB 521 requires that the mix of housing types be on parcels of which at least a portion is within not
more than a quarter mile of the exterior boundary of the transit station parcel. This bill also requires
a city and county to allow "use by right" on each parcel within a transit village development district.
The bill requires that the transit village development district only include parcels of land at least a
portion of which is within not more than a quarter mile of the exterior boundary of the transit station
parcel. SB 521 also defines an economic condition of blight to include the lack of high-density
development within a transit village development district and specifies requirements to be met by a
local agency that relies on this condition.
COMMENTS
As presently proposed, SB 521 does not affect the City of Poway. Staff will continue to monitor this
bill for proposed amendments or significant changes that may affect the City.
It is recommended that the City Council join the League of California Cities and watch SB 521.
15. SB 1049 (Hollinasworthl- SAFE Teams
CURRENT LAW
Existing law authorizes the establishment of county and regional sexual assault felony enforcement
(SAFE) teams to reduce violent sexual assault offenses.
PROPOSED LAW
SB 1049 appropriates $15,000,000 from California's General Fund to the State Controller for
distribution to county sheriffs for the implementation of county and regional SAFE Team programs,
as specified.
COMMENTS
The use of officers and agents from several law enforcement agencies in SAFE Teams protects the
citizens of California, particularly children, from violent sexual assaults through proactive surveillance
and arrests of habitual sexual offenders. SB 1049 ensures that there are adequate resources
dedicated to law enforcement to improve tracking of dangerous, repeat sexual offenders, and also
ensures every child is safe in their neighborhood. This legislation will allow cites and counties to
provide better public safety seryices to the citizens they protect.
It is recommended that the City Council join the League of California Cities and support SB 1049.
16. Community Development Block Grant (CDBGl ProQram Proposed Modifications
CURRENT STATUS
For thirty years, American cities, including both large and small cities in California, have used
Community Development Block Grant (CDBG) funds to create jobs, provide affordable housing,
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eliminate blight, and generate new economic investment. The CDBG Program is currently funded at
$4.7 billion and provides grants to cities through the Department of Housing and Urban
Development.
PROPOSED CHANGES
President George W. Bush has proposed the elimination of the CDBG Program for the Fiscal Year
2006 budget. As part of the President's budget proposal, a reduced level of CDBG funds would be
transferred to the Commerce Department along with funds from 17 other programs and consolidated
into the Strengthening America's Communities Grant Program. Targeted to "economically distressed
communities and regions," this program would be funded at $3.7 billion, which is $1 billion less than
the current CDBG Program.
COMMENTS
CDBG funds are a critical funding source for local governments in California, including the City of
Poway. The CDBG Program funds vital housing rehabilitation, supportive services, public
improvements and economic development projects in communities across the nation, helping states
and municipalities meet the needs of their low-income populations. Annually, the City of Poway
receives approximately $230,000 in CDBG funding. The City utilizes this funding to provide:
o A Residential Rehabilitation Loan Program, which funds approximately ten $10,000 forgivable
loans each year to help low-income families rehabilitate homes in need of repair;
o A Shared Housing Program, which assists approximately thirty families each year by
matching low-income individuals with shared housing opportunities and providing the
necessary caseworker involvement; and
o ADA (Americans with Disabilities Act) improvements to public facilities amounting to $100,000
each year.
The National League of Cities is urging support of continued federal funding of the Community
Development Block Grant (CDBG) Program at current levels and the retention ofthe Program within
the Department of Housing and Urban Development. A resolution is attached for the Council's
review and consideration supporting the Community Development Block Grant (CDBG) Program. It
is recommended that the City Council adopt this resolution.
ENVIRONMENTAL REVIEW
This report is not subject to CEQA review.
FISCAL IMPACT
Staff is currently reviewing the impact of the proposed legislation.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
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RECOMMENDATION
It is recommended that the City Council support AB 1248, ACA 7, and SB 1049; oppose AB 24, AB
194, AB 260, AB 549, AB 1233, and SB 435 unless amended; and watch AB 11, AB463, ACA 5, SB
8, SB 20, and SB 521; and inform members of the State Legislature, organizations, and committees
of the City's position. It is also recommended that the City Council adopt the attached resolution in
support of maintaining the Community Development Block Grant (CDBG) Program at its current
level.
Attachment:
A.
CDBG Resolution
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
URGING SUPPORT OF CONTINUED FEDERAL FUNDING OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
WHEREAS, for thirty years America's cities, including both large and small cities in
California, have used Community Development Block Grant (CDBG) funds to create jobs,
provide affordable housing, eliminate blight, and generate new economic investment; and
WHEREAS, CDBG funds have played a critical role in community and economic
development in Poway; and
WHEREAS, CDBG monies are a catalyst for creating more affordable housing,
making it possible for Poway to annually fund ten $10,000 forgiveable loans for the
rehabilitation of homes providing more low-income families with clean, decent, affordable
housing; and
WHEREAS, the City of Poway uses CDBG monies to fund its Shared Housing
Program, providing the necessary caseworker assistance to match low-income individuals
with shared housing opportunities; and
WHEREAS, the CDBG program has increased the quality of life in Poway by
improving disabled access for public facilities by funding Americans with Disabilities Act
improvements to buildings, streets, and sidewalks; and
WHEREAS, President George W. Bush has proposed a new "Strengthening
America's Communities Initiative" which combines 18 direct grant programs, including
CDBG, into one within the Economic Development Administration (EDA); and
WHEREAS, at $3.71 billion, the new program (which combines 18 programs) is
nearly $1 billion less the current CDBG program alone; and
WHEREAS, without proper funding for the CDBG program, the City of Poway risks
undermining the economic well being of our community, the future generations that live
here, and the nation as a whole.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
that we hereby request that Congress enact a FY 2006 budget and appropriations package
that funds CDBG formula grants at no less than $4.355 billion, which is level with FY 2005
allocations; and
RESOLVED FURTHER, that Congress maintain the CDBG as a separate and
distinct program from other economic development programs that provides a direct and
flexible source of funding to local governments; and
RESOLVED FURTHER, that Congress maintain the current "dual formula" system
where 70 percent of CDBG funds go to entitlement communities based on population; and
RESOLVED FURTHER, that we will send a copy of this resolution to Senator
Barbara Boxer and Senator Dianne Feinstein, and to the League of California Cities.
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ATTACHMENT A
April 26, 2005 Item # I'"
Resolution No.
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of poway
at a regular meeting this 26th day of April, 2005.
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 05- was duly adopted by the City Council at a
meeting of said City Council held on the day of , 2005, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
L. Diane Shea, City Clerk
City of Poway
15 of 15
April 26, 2005 Item # \ i