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Home My WebLink AboutApprove a City Council Position on Legislation Pending Befor (13) Council/Agency Meeting Held: Q / AQQ7Z Deferred/Continued to: Approveci ❑ Conditionally Approved Denied C er ' Signa e Council Meeting Date: Oct. 1, 2007 Departme Number: AD 07-19 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jill Hardy, Council Member, Chair on behalf of Intergovernmental Relation Committee Members Councilman Don Hansen and Councilman Keith Bohr PREPARED BY: Patricia Dapkus, Department Analyst, Senior 2�1& SUBJECT: APPROVE A CITY COUNCIL POSITION ON LEGISLATION PENDING BEFORE THE FEDERAL, STATE, OR REGIONAL GOVERNMENTS AS RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL RELATIONS COMMITTEE (IRC) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Approve a City Council position as recommended by the City Council Intergovernmental Relations Committee (IRC) on legislation pending before a federal, state, or regional government, thereby authorizing the Mayor to communicate the city's position to the elected members of the federal or state legislature, or regional body. Funding Source: N/A Recommended Action: Motion to: 1. Oppose AB 70 (Jones) - Water Code, relating to flood liability as enrolled to the Governor 2. Authorize a Letter of Support for House version of the 2008 funding for the Community Development Block Grant (CDBG) program Alternative Action(s): Do not take action on the above bill or take an alternative position. Y � 3 e d 3 coNF�'pc� THE UNITED STATES CONFERENCE OF MAYORS A (� 1620 EYE STREET,NORTHWEST tT� WASHINGTON,D.C.20006 F.f a •* TELEPHONE(202)293-7330 FAX(202)293-2352 ~ URL:www.usmayors.org P—id,: - DOUGLAS H.PALMER " Maynr ofTrenwn Vice P—id<nr. MANUELIAZ may, f Miami - - September 12, 2007 - - may,ofbfiami Pas Prcid s JERRY E.ABRAMSON Mayo f`Louis"illc - EiCHARD M.DALEY Mayorof Chicago THOMAS F MEN JNO Maynr nF 8osron The Honorable Robert.C.Byrd, Chair " DONALD L PLUSQUELLIC - MaynroFAkroo Committee on Appropriations JOSEPH E RILEY.JR _ Mayor of Charin .,.SC United States Senate J.CHRASTIAN BOLLWAGE M yor of FJivberh Washington, DC 20510 - - - MARTIN J.CHAVEZ - Maynr of Alhoquerqquc MICHAEL B.COLEIdAN Maynr of i Ch P bl h Columbia,°H The Honorable Patty Murray, Chair MICK CORNETT May of Oklahoma Ciry - PATR'GKHENRYHAYS Subcommittee on Transportation Housing and Urban Development and Related Mayor of North Lnde Rc<k ELIZABETH B.KAUTZ - - Ma}vrofBams& Agencies KWAME M.KILPATRICK _ Maynr of D"roir Committee on Appropriations DANNE1.R MALLOY " May°'nfSamfo°' United States Senate ARLENE 1.MULDER May., f A Imgron Heighrs (''� -RITAI MULLINS Washington,DC 20510 Mayorol Palanne MEYERA E.OBERNDORF Mayor of V reJnia Beach BILL PURCELL - MaynrofN shviBe Dear Chairman Byrd and Chairwoman Murray: DAVID W.SMITH Mayor ofNe ,k,CA -DAVID G.WALLACE Maynrnfsnga Land Advisory Board As you conference S. 1789,the FY 2008 Transportation-HUD appropriations . GREG NICKELS,Ghat, Mayor of5cartle bill, the U.S. Conference of Mayors.strongly urges.your support for the House-approved MARK BFG""Mayor of Mchoragc level of$3.929 billion.in formula.funding for the Community.Development Block - JUAN CARLOS BERMUDEZ Maynro fDnral Grant Program. The cut to the CDBG program,nearly$700 million since 2001,has ROBERT L.BOWSER "a"of IAMF_<Il R f EN ° hurt local communities—local economies, local projects, and, most importantly,the Mayor of Carmel,IN - - - DAVIDN CICILLINE low- and moderate-income households thatreside in these communities'and need the Mayor or 1'ro",dcncc - JOY y°f`Ha,landale B-1, assistance. The program's funding has never been adjusted for inflation(since the TM FRANKLIN COWNIE - - M.ynrofDcaMnines inception of the program in 1974), even though construction costs,wages, and:other HEATHER FARGO SHIRLEY FFRANKLINfO program costs have escalated sharply in the past three decades.: In essence,by Mayor of Adanra OSC.ARB GOODMAN continuing to level-fund the formula portion of the program—att.$3.71 billion over the, Mayor of I-Vegas M°,•1'o,,NNE ^N,.' Mayor of}in.olulu. past three years—the impact and purchasing power of CDBG continues to shrink " " JOIM o.o'D nENLOOPER because of Increasing inflation. JAMES W HOLLEY,Ill _ Mayorol'I'orumomh ROSEMARIE IVES Mayor of Redmond Earlier this.year,members in both the House and Senate signed on to aletter to BRENDA L LAWRENGE - May°`n`Snn`hEeld JOHN MARKS appropriators supporting at least$4.1 billion in formula funding for CDBG in FY 2008. Mayor nfT flabasser PA".- MC Y Mayyor n!Cha,Jnrtc A total of 95 House members signed the letter,while a record 62 senators signed the arl GAVIN NEWSOM - Maynr of Can Frano.i.o Senate version. The show of bi-partisan support for the program is unparalleled yet the - FRANK C.ORTIS M.p,nl Pembrnkc Pio,, FY 2008 appropriations level,particularly in the Senate,does not reflect this support. BART PETERSON - GFA- ANTI aI We are.deeply troubled by the Senate-approved level of$3.71-billion in formula JORG6A SANTINI - - Ma nl san Jnan JOHN ROB Me rS ITH funding for CDBG in FY 2008,particularly given the large number of project specific . J°HN}S,REST Major of PhJadelphia EDI grants that may further reduce this level. KATHRYN L TAYLOR Mayor ofTalsa -ANTONIO R.VILLARAICOSA May.,of Los Angde, - ELAINE N,VMLKF_R - - - Mayor,dwli BongGrcen - - L.DOUGLAS WILDER - - Mayor nfRlchmond,VA WALL WYNN Mayor of A.,- - - E.7 yr Dire - - TOM COCHRAN We are very supportive of the$110 million increase in HOME formula grants included in S. 1789 and urge you to insist on this amount in conference. As you know, HOME has a very impressive track record of having completed, as of July 31,2007, 799,738 affordable ownership and rental units. in addition, each HOME dollar has leveraged$3.53 in non-HOME funding. This increase.will be of considerable assistance in allowing our members to assist very-low and extremely-low income Americans. Again,we urge you to support the House-approved level of$3.929 billion in formula funding for CDBG and ask that you also support$1.81 billion in formula funding for the HOME program in FY 2008. We thank you for your favorable action on our recommendations Respectfully, Mayors' Names \ /............ ....... � e. DRAFT September 19, 2007 The Honorable Dana Rohrabacher United States House of Representatives Rayburn Building #2338 Washington, D.C. 20515 RE: Community Development Block Grant Funding Dear Congressman Rohrabacher: As you conference S. 1798, the FY 2008 Transportation-HUD appropriations bill, along with the U.S. conference of Mayors, the City of Huntington Beach strongly urges your support for the House-approved level of$3.929 billion in formula funding for the Community Development Block Grant(CDBG) Program. The cut to the City's local CDBG program, nearly $319,000 since 2001, has hurt our local community; most importantly, it has affected the lives of our low-and moderate- income households. The program's funding has not been adjusted for inflation (in fact has been reduced on average by 4% annually since 2001) even though construction costs, wages, and other program costs have escalated sharply in the past three decades. In essence, by continuing to level-fund the formula portion of the program at$3.71 billion over the past three years impacts the purchasing power of CDBG because of increasing inflation. Samples of Huntington Beach public service programs funded through CDBG to assist low- income families are the Huntington Beach Community Clinic, Project Self-Sufficiency, Senior's Outreach, SeniorServe, Community Service Program, the Childrens Bureau, and Family Literacy. Many public infrastructure and facility improvements are achieved though the CDBG program and well as funding our Housing Rehabilitation Loan Program that enables our low-income homeowners to maintain the structural safety of their homes. Indeed, the CDBG program is one of the major ways federal dollar impact our local community. Earlier this year, members in both the House and Senate signed-on to a letter to support at least $4.1 billion in formula funding for CDBG in FY 2008. A total of 95 House members signed the letter, while a record 62 senators signed the Senate version. The show of bi-partisan support for the program is unparalleled, yet the FY 2008 appropriations level, particularly in the Senate, does not reflect this support. Given the large number of project specific EDI grants that may further reduce this funding, we are deeply troubled by the Senate-approved level of$3.71 billion in funding for CDBG in FY 2008. The City of Huntington Beach is supportive of the $110 million increase in HOME formula grants included in S. 1789 and urge you to insist on this amount in conference. As you know HOME has a very impressive track record for having completed, as of July 31, 2007, 779,738 affordable ownership and rental units nationwide. In addition, each HOME dollar has leveraged $3.53 in non- HOME funding. This increase will be of considerable assistance in allowing us to assist very-low and extremely-low income citizens. Rohrabacher 2 9/19/2007 CDBG Funding Levels We hope we can count on your support for the House-approved level of$3.929 billion in formula funding for CDBG and ask that you also support $1.81 billion in formula funding for the HOME program in FY 2008. We thank you in advance for your favorable action on our recommendations. Sincerely, Mayor Xc: City Council City Administrator, Penelope Culbreth-Graft Economic Development Director, Stanley Smalewitz The Ferguson Group REQUEST FOR COUNCIL ACTION MEETING DATE: Oct. 1, 2007 DEPARTMENT ID NUMBER: AD 07-19 Analysis: 1. Oppose AB 70 (Jones) -Water Code, relating to flood liability as enrolled to the Governor AB 70 would provide that a city or county may be subject to liability for property damage caused by a flood if a court finds the city or county's actions increased the state's exposure to liability by unreasonably approving new development in a previously undeveloped area. The League of California Cities is urging cities to oppose this bill. They, along with the California State Association of Counties and the Regional Council of Rural Counties, oppose AB 70 because they do not believe it is appropriate or fair to require local governments that approve development in accordance with state and federal law and that have no responsibility for the operation or maintenance of levees and flood control systems to be liable for damages simply because they approved the development. AB 70 does not address the underlying problem with the state's levee and flood control system —that of deferred maintenance and lack of funds for repairs. Instead, it simply brings in local governments to share in the liability for damages in order to shield the state from future lawsuits. Even with the latest set of amendments to the bill, there remains concern about a loophole the bill has created that would either force local governments to do building moratoriums until 2015, or be open to explicit liability on any development they may approve. The Intergovernmental Relations Committee is recommending the City Council take a position opposing AB 70. Due to a need to take action quickly a letter has been sent from the Mayor under the fast track procedure. 2. Authorize a Letter of Support for House version of the 2008 funding for the Community Development Block Grant (CDBG) program The Senate and House are about to begin to conference on the FY 2008 Transportation-HUD appropriations bills. Once again, there is discussion about reducing the amount of funding for the CDBG program. Of the two bills, the House version would provide greater funding for this program. The United States Conference of Mayors is requesting cities write our legislators requesting that they support the House version of funding for the CDBG program. The Intergovernmental Relations Committee is recommending authorization of a letter of support for the House version of these funding bills. Due to a need to take action quickly a letter has been sent from the Mayor under the fast track procedure. Environmental Status: NA G:\Dapkus\INTERGOVERNMENTAL\RCA`s\RCA 100107.doc -2- 9/19/2007 11:11 AM REQUEST FOR COUNCIL ACTION MEETING DATE: Oct. 1, 2007 DEPARTMENT ID NUMBER: AD 07-19 Strategic Goal: Both of these recommendations meet the Strategic Goal under Financial of creating long-term financial strategies for funding the backlog of capital projects and maintenance requirements, and ensuring sufficient reserves to withstand major revenue fluctuations in order to ensure continuation of city services during economic downturns. Attachment(s): City Clerk's Page Number No. Description ran 1. AB 70 Jones -Water Code relatin to flood liabilit 2. Draft of letter from the City to the Governor 3. Letter from the United States Conference of Mayors 4. Draft of letter from the City to our Federal legislators G:\Dapkus\INTERGOVERNMENTAL\RCA's\RCA 100107.doc -3- 9/19/2007 11:11 AM /fi, j / AB 70 Assembly Bill - AMENDED Page 1 of 2 BILL NUMBER: AB 70 AMENDED BILL TEXT AMENDED IN SENATE SEPTEMBER 7, 2007 AMENDED IN SENATE JULY 17, 2007 AMENDED IN ASSEMBLY JUNE 4, 2007 AMENDED IN ASSEMBLY APRIL 11, 2007 AMENDED IN ASSEMBLY FEBRUARY 21, 2007 INTRODUCED BY Assembly Member Jones DECEMBER 4, 2006 An act to add Section 8307 to the Water Code, relating to flood liability. LEGISLATIVE COUNSEL'S DIGEST AB 70, as amended, Jones. Flood liability. Existing law, under various circumstances, subjects a public entity or an employee of a public entity to liability for property damage or personal injury caused by or from floods or floodwaters. This bill would provide that a city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that t1;..a_ 1sQ@.1 p;ablie @n 4 T it has increased the state's exposure to liability for property damage by unreasonably approving , as defined, new development in a previously undeveloped area, as defined, that is protected by a state flood control project . rl t _7eto ^ve�e +soee�eti^v�CIty 9"' 8813i4tria__661 @01;Rply wlt.13 9 3e a1@11gabla 9--4-6 a law , unless the city or county meets specified requirements The bill would become operative only if SB 5 is enacted and becomes effective on or before January 1, 2008. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8307 is added to the Water Code, to read: 8307. (a) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the state' s exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project ria �t�� aotor_m; a� --at the el ty e;J; ee;4144y galled to semfr� —sv t. e e —a g� �a�ase a e=ems ei4s e9 eii1r.4 14g—lair However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be co nstrued to extend or toll the statute of limitations for challenging the approval of any new development. (b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision http://info.sen.ca.gov/pub/07-08Poill/asm/ab_0051-0100/ab_70 bill_20070907_amended_sen_v94.html 9/19/2007 AB 70 Assembly Bill - AMENDED Page 2 of 2 (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations. �W9) (c ) For the purposes of this section: (1) "State flood control project" means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6. (2) "Undeveloped area" means an area devoted to "agricultural use, " as defined in Section 51201 of the Government Code, or "open space land, " as defined in Section 65560 of the Government Code, ;44 i^'; that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance. (3) "Unreasonably approving" means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood. (4) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. (d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008. SEC. 2. Section 1 of this act shall become operative only if Senate Bill 5 of the 2007-08 Regular Session of the Legislature is enacted and becomes effective on or before January 1, 2008. http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0051-0100/ab_70_bill_20070907_amended sen v94.htm1 9/19/2007 AB 70 Assembly Bill - History Page 1 of 1 COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 70 AUTHOR Jones TOPIC Flood liability. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Non-Fiscal Non-Tax Levy BILL HISTORY 2007 Sept. 12 Senate amendments concurred in. To enrollment. (Ayes 45. Noes 32 . Page 3346. ) Sept. 11 In Assembly. Concurrence in Senate amendments pending. Sept. 11 Read third time, passed, and to Assembly. (Ayes 23 . Noes 13 . ) Sept. 10 Re-referred to Com. on RLS. pursuant to Senate Rule 29.10. From committee: Be returned to Senate floor. (Ayes 3. Noes 2 . ) Sept. 7 Read third time, amended, and returned to third reading. July 17 Read second time, amended, and to third reading. July 16 From committee: Amend, and do pass as amended. (Ayes 3 . Noes 2 .) June 26 From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5 . Noes 2 . ) . June 21 Referred to Coms. on N.R. & W. and JUD. June 7 In Senate. Read first time. To Com. on RLS. for assignment. June 6 Read third time, passed, and to Senate. (Ayes 44 . Noes 33 . Page 1968. ) June 4 Read third time, amended, and returned to third reading. (Page 1779. ) . May 21 Read second time. To third reading. May 17 Withdrawn from committee. Ordered placed on second reading file. May 10 From committee: Be re-referred to Com. on APPR. Re-referred. (Ayes 10. Noes 0. ) (May 10) . May 8 From committee: Do pass, and re-refer to Com. on RLS. Re-referred. (Ayes 7. Noes 3 . ) (May 8) . Apr. 17 In committee: Hearing postponed by committee. Apr. 12 Re-referred to Com. on JUD. Apr. 11 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. Apr. 10 In committee: Hearing postponed by committee. Feb. 22 Re-referred to Com. on JUD. Feb. 21 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. Feb. 1 Referred to Coms. on JUD. and L. GOV. 2006 Dec. 5 From printer. May be heard in committee January 4 . Dec. 4 Read first time. To print. http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0051-0100/ab_70_bill_20070912_history.html 9/19/2007 �; W#._, DRAFT September 19, 2007 The Honorable Arnold Schwarzenegger State Capitol, First Floor Sacramento, CA 95814 RE: AB 70 (Jones) Flood Control. Liability(As enrolled) - REQUEST FOR VETO Dear Governor Schwarzenegger: As Mayor of the City of Huntington Beach, I urge you to veto AB 70. This measure would provide that a city or county may be subject to liability for property damage caused by a flood if a court finds the city or county's actions increased the state's exposure to liability by unreasonably approving new development in a previously undeveloped area. This veto request is based on the belief that it is wrong and unfair to require local governments that approve development in accordance with state and federal law and that have no responsibility for the operation or maintenance of levees and flood control systems to be liable for damages simply because they approved the development. AB 70 does not address the underlying problem with the state's levee and flood control system —that of deferred maintenance and lack of funds for repairs. Instead, it simply brings in local governments to share in the liability for damages in order to shield the state from future lawsuits. Even with the latest set of amendments to the bill, local governments are concerned about a loophole the bill has created that would either force us to do building moratoriums until 2015, or be open to explicit liability on any development we may approve It unclear to me why local governments should be required to share in the state's liability for actions that are beyond our control, especially we have met all of the requirements of state and federal law when evaluating and approving development. For these reasons, I am requesting that you veto AB 70. Yours truly, Gil Coerper, Mayor Xc: City Council League of California Cities Wes Lujan, Advocation, Inc. RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Intergovernmental Relations Recommendations COUNCIL MEETING DATE: Oct. 1, 2007 RCAq ATTAC H M E N TS STATU S Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Ap licable Bonds (If applicable) Attached ❑ Not Ap licable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATID(� FOR�'MISa'SING°ATTp IvHI IENTS; .... .P.. REWIEWED E �, RETURNED `"FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk 'EXPLANATION FOR RETURNOF.ITEM::. , Only)(Below Space For City Clerk's Use RCA Author: Dapkus