HomeMy Public PortalAbout2001.043 (04-16-01)' ~ ~ RES®LIJT'I®IV N®a 2ooi.o43
A ~ItESOLUTION OF THE LYNWOO® CITY COUIVCYL,
CITING' FO~tMAL OPPOSITION TO SB° 910 (DUNN,
OUFtTON, FiAYNES & MONTEITH) HOUSING. ELEMENTS:
FINES, PENALTIES, AIV®~ LAWSUITS. ~ "
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WHEREAS, the Lynwood City Council did' conduct a public meeting on April 16,
,' , 2001 on a duly noticed agenda item, opposition to SB 910'as identified-above; and
WHEREAS, the Lynwood City Council formally opposes °SB 910, Housing.
Elements, Fines, Penalties and- Lawsuits; and
° WHEREAS, 'the Lynwood-City Council finds SB 910 establishes a legal rebuttable
presumption of non-validity for a housing element or amendment if the Department of
Housing and Community Development has found that the element or amendment does
not substantially comply with state law, for any lawsuit filed after January 1, 2002; and
WHEREAS, the Lynwood City Council finds SB 910 requires a court to levy a
penalty up to $1,000 .per unit of the total projected housing -need for the city, if the
court finds that the city's housing element is not in substantial compliance with the
state .law governing housing elements, in addition to awarding plaintiffs attorney's fees
and costs; and ~ ,
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I WHEREAS, the. Lynwood Gty Council finds that .SB 910 establishes.` legislative
° intent to v~lithhold state funding from .the city and to redistribute the withheld funds to
those jurisdictions .that are in compliance; and
WHEREAS, the .Lynwood City Council finds'SB 910 shifts the legal standard from
innocent until proven guilty to guilty until proven innocent; and
r WHEREAS, the Lynwood City Council finds SB 910 constitutes an effect of
"Presumption of IVon-validity" on Pending Development Project; and -
WHEREAS, the Lynwood City Council finds SB 910 would require .mandatory
attorney's fees; and
WHERAS, the Lynwood City Council finds SB 910 ignores the existing powers. of
the courts to enforce housing element law; and' -
` WHEREAS, the Lynwood City Council finds SB 910 a proposal to divert additional
local revenues; and f ,
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WHEREAS, the Lynwood City Council finds SB 910 requires housing element
compliance convenient target for larger housing issues; and
WHEREAS,. the Lynwood City Council finds the Regional Housing Needs
Assessment (RHIVA) numbers are subjective, ambiguous and .unfair; and
WHEREAS,- the Lynwood City Council finds the Community Development
Department has prepared an amended Housing .Element that meets and exceeds State
law.
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Section 2. The City Council of the City of Lynwood, based upon the
aforementioned findings .and determinations, hereby formally opposes SB 910.
PASSED, APPROVED AND ADDOPTED this _16`th day of April , 2001.
ATTEST:
ANDREA L. HOOPER,~City Clerk
City of Lynwood
APPROVED AS TO FORM:.
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A K. THEVE i orney
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PAUL H. RICHARDS II, Mayor
City of Lynwood
RAL W. DA I, City Manager
City of Lynwood
APPROVED AS `T0, CONTENT:
. y
GAR CHIC S, Director of
Community evelopment Department
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STATE OF CALIFORNIA }
} SS.
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing
Resolution was passed and adopted by the City Council of the City of Lynwood at a
special meeting held on the 16th day of April, 2001.
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AYES: COUNCILMEN BYRD, REA, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: COUNCILMAN REYES
ABSTAIN: NONE 1,,
ANDREA L. HOOPER, CITY CLERK
STATE OF CALIFORNIA }
} SS.
COUNTY OF LOS ANGELES } .
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and
foregoing is a full, true and correct copy of Resolution No. 2001.043 on file in my
office and that said Resolution was adopted on the date and by the vote therein stated.
Dated this 16th day of April, 2001.
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q..+'L~Cii ~t ~=-f'r' Lam/
ANDREA L. HOOPER, CITY CLERK