HomeMy WebLinkAbout8.3 Senate Bill 50 Letteror
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DATE:
TO:
STAFF REPORT
CITY COUNCIL
February 16, 2016
Honorable Mayor and City Councilmembers
CITY CLERK
File #660 -40
FROM: Christopher L. Foss, City Manager "
SUBJECT: Discussion of Potential Legislative Correspondence on Senate Bill 50
Prepared by Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider sending official correspondence to the State requesting that
Governor Brown repeal, amend, or waive Senate Bill 50.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council discuss the letter and provide direction to Staff.
`Reviewed By
Assistant City Manager
DESCRIPTION:
The Mayor recently wrote and submitted a letter to Governor Jerry Brown and other State
leaders requesting a repeal of, amendment to, or waiver of Senate Bill 50. While the letter was
penned and signed by Mayor Haubert, it is not considered official City correspondence or sent
on City letterhead.
At its meeting of February 2, 2016, the City Council directed Staff to bring back an item for
consideration regarding that correspondence, specifically to discuss whether this letter or a
different letter should come officially from the entire City Council and include individual
Councilmember signatures.
Staff has attached a copy of the Mayor's January letter for review and discussion.
Page 1 of 2 ITEM NO. 8.3
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
None required.
ATTACHMENTS: 1. Mayor's letter to Governor Brown requesting repeal of, amendment
to, or waiver of Senate Bill 50
Page 2 of 2
January 27, 2016
Dear State Leaders:
Governor Jerry Brown
Lt. Governor Gavin Newsom
Attorney General Kamala Harris
Senator Kevin de Leon
Assembly Member Tony Atkins
On behalf of me and my constituents who are outraged and on behalf of the children of Dublin
California who are being harmed I feel compelled to write you this letter to express my extreme
concern for the quality of life and the harmful effects of the Leroy F. Greene School Facilities
Act of 1989, better known as SB50.
The facts are clear. The State of California has ceased funding its share of new school
construction and site acquisition, the State Allocation Board is preventing School Districts from
increasing to Level 3 fees by refusing to declare that they are out of funds. And, SB50 is
preventing local City Councils from denying residential projects even though our schools are
overcrowded.
In the case of Dublin where high performing schools are attracting a higher than average
number of students and where high costs of living drive up the cost of school site acquisition
the situation is unbearable. We've complied with your state imposed Regional Housing
Allocation Numbers (RHNA) construction of new homes. We've also provided hundreds of
subsidized affordable residential units. And now our children are forced into crowded
classrooms without the resources they need for a fair and appropriate education. And, because
of SB50 we have no real viable way out of this situation.
And so, I ask respectfully that you either amend SB50 or temporarily waive it until state funding
for school construction is restored, especially SB 50 (Gov. Code sect. 65995(i)) which states "A
state or local agency may not deny or refuse to approve a legislative or adjudicative act, or
both, involving, but not limited to, the planning, use, or development of real property, or any
change in governmental organization or reorganization as defined in Section 56021 or 56073 on
the basis of a person's refusal to provide school facilities mitigation that exceeds the amounts
authorized pursuant to this section or pursuant to Section 65995.5 or 65995.7, as applicable."
Waiving, suspending, or somehow altering SB50 in the case of Dublin is simply the right thing to
do. Please consider your constitutional responsibility and consider the facts stated above and at
the very least engage in dialogue with me and our local leaders and State representatives in an
effort to provide our students with the educational resources they deserve.
Respectfully,
David Haubert
Mayor, Dublin California
PS - above language submitted for approval by entire Dublin City Council. Formal letter
pending.