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HomeMy WebLinkAbout03-09-1982 CITY COUNCIL AGENDA9 AV - A SILL NO DA'I'S: March 9, 1982 CITY OF SARIITOGA DEp,Vn,M]T• Administrative Services SUB'ECT: Deferred Compensation Payments Issue Su,,miary Initial: Dept. Hd. C. Atty. C. Mgr. The City Council adopted Resolution 85 -9.52 in June of 1981 in order to clarify certain fringe benefits relating to the*.Social Security replacement benefits, and deferred compensation, in particular. The costs of the Social Security replacement benefit package change yearly as salarie's change. Adjustments in the amount contributed to deferred compensation should have been adjusted annually also. The back amount owed to employees covers the period from April 1979 through March 1981. Reccmrendation Adopt Resolution No. Authorizing Appropriation of Fund Reserves for the Purpose of Deferred Compensation Payments, and direct City Manager to make the necessary deferred compensation payments to eligible - employees.. Fiscal Imoacis Total cost for deferred compensation back payments and lost earnings is $25,000 to be appropriated from reserves. . E: liibits /Attachm -_nts Resolution No. Background Memo Agenda Bill #34 and attachments Council Action 3/17: Clevenger /Watson moved approval of Resolution 1062. Passed 5 -0. W 097f O0 ° UQ)(@& 13777 FRUIIVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 TO: Mayor and City Council FROM: Assistant City Manager SUBJECT: Deferred Compensation Payments DATE: March 8, 1982 In June of 1981, the City Council adopted Resolutuion 85 -9.52 to clarify certain fringe benefits relating to the Social Security replacement benefits, and deferred compensation, in particular. The City should have made an adjustment to the deferred compensation con- tribution in April of 1979 and again in April of 1980. The implemen- tation of back adjustments has not yet taken place, and staff is returning to you at this time in order to have Council authorize appropriations from the reserves in order to make the appropriate back payments. The costs of the Social Security replacement benefit package change yearly as salaries change. Adjustments in the amount contributed to deferred compensation, as part of the Social Security replacement benefits, should also have been adjusted annually. The monthly City contribution for deferred compensation remained the same from the program's inception in March of 1978 until an adjustment was made in April of 1981. The back amount owed to the employees from the City covers the period from April 1979 through March 1981. All employees of the City employed during the period April 1979 -March 1951 are eligible for the back payments. Adoption of Resolution No, will appropriate $25,000 from reserves in order to reimburse employees for past payments and lost earnings. The amount needed was not included in the 1981! =82 operating budget at the direction of the City Manager, as he viewed it as a prior year expenditure commitment, and believed budgeting it in 1981 -82 would distort tze true operating budget. Deferred Compensation Payments March 8, 1982 Page two Recommendation Adopt Resolution No. appropriating $25,000 from the reserves and direct City Manager to make the necessary deferred compensation payments to eligible employees. Patricia M. Mu ens ck s ..a t Wit' ri.• � '. ,i va �- ,.n•,, t, c2i74:$r��k: %Ksw �yj�?!L.i� .••It ^ ". :�•'.rar';'s`�?`i:'`:� >+i RESOLUTIOi NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING APPROPRIATION OF FUND RESERVES FOR THE PURPOSE OF DEFERRED COMPENSATION PAYMENTS WHEREAS, City Council adoption of Resolution No. 85 -9.52 in June of 1981 clarified the intent of Social Security replacement benefits; and t'idEREAS, the City Council has determined that certain adjust- ments should have been made in the City contributions for Deferred Compensation during the period of April 1979 -March 1981; NOW, TIiEREFORE, BE IT RESOLVED that the amount of $25,000 be and hereby is, appropriated from the Reserves of the General Fund set aside in the 1981 -82 budget, and the Finance Director is hereby authorized to appropriate $25,000 to Fund 21, Account 4016, Program. 305, Department 30, for purposes of Deferred Compensation payments. The above and foregoing resolution Was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of March, 1982, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY LER MAY R �T31- Z NO. DATE, : 05 -22 -81 34t CITY OF SARATpGA Initial: Dept. Hd. C. Atty.—AU-4s DEPARTMENT: Administration C. Mgr. ------------------------------------------------------------------------- SUWEC'!: Social Security. Replacement Benefits /Deferred Compensation Issue Sumlary In 1976 the City of Saratoga withdrew frori par-'E i ci paici ors in the Social Security System based upon a vote of all employees,.and approval of the City Council Five new benefits were instituted to replace social security. Questions have been raised as to how the replacement benefits, Deferred Compensation in particular, were to be administered. The resolution attached, 85_ -9.52 , is to clarify the intent of the social security replacement benefit.. package and avoid future problems as to how those benefits are to be administered. Costs.of the Deferred Compensation benefit have been included each year as.part of the entire employee benefit package. However, due to the lack of adjustments in the contribution rate since the program began in 1978 back adjustments need to be made for the periods April 1979 - March 1980 and April 1980 - 11arch 1981. Recormiendation Adopt Resolution 85 -9.52 Fiscal LTipacts Adjustment of the benefit contribution for Deferred Compensation for April, May and June of 1980 -81 will cost approximately $4500. Budget savings will be sufficient to cover these costs without any additional appropriations. Approximately $30;000 will need to be included'in the 1981 -82 budget to cover adjustments` for Deferred Compensation not made in 1979 and 1980. This will be addressed during Council budget deliberations in the coming months. Exhibits /Attachments Resolution 6b-9.5Z Background Mernorandum #1 Ksolution 85- 9.34- - #2 Council.Memorandum 4 -5 -78 #3 Resolution 873 #4 Social Security Committee Report Council Action Adopted 4 -0'. RESOLUTION NO. 85 -9.52 " A RESOLUTION AMENDING RESOLUTION NO. 85 -9.34, TO CLARIFY FRINGE BENEFITS FOR EMPLOYEES OF THE CITY OF SARATOGA The City Council of the City of Saratoga hereby resolves as follows: Section 1: Section 1.8 of Resolution 85 -9.34 is amended to read as follows: Section 1.8: Fringe Benefits w . Kit. (a) Purpose f The City Council of this City has agreed to contract for cer ; '-ain replacement benefits in tandem with the decision to terminate social security coverage for City employees, effective March 31, 1978. The City's contribution to the costs of these replacement benefits is - - established at the estimated annual cost of social security coverage to the City,to remain fixed at the rate of 6.05% of salary, up to the social security maximum wage limit contribution. The wage limit contri- butions are established by the Social Security Administration. Beginning 1/1./78 Maximum $17,700 :• « = <": 1/.1./79 22,900 1/1/80 25,900 ' 1/1/81 29,700 " l /l/82 31,800 .�`.•;.. _- ,. In no case shall the City's contribution to the approved replacement benefits exceed the amount the City would be required to contribute on behalf of its employees to the social security system. The social security replacement benefits include the following: PERS 1959 Survivor Benefit, PERS Survivor Continuance, Retiree's Health Plan, Long Term Disability Coverage and a Deferred Compensation Program. The first _ four benefits listed above shall be paid first and any remaining funds from the 6.05% shall be paid into the Deferred Compensation Program. (b) Description of Benefits PERS 1959 SURVIVOR BENEFIT - (Death prior to Retirement) Paid to an eligible beneficiary upon death of the member, whether or not the member _ is eligible for retirement at the age of death. PERS SURVIVOR CONTINUANCE - One half of the member's unmodified allowance based on full formula service under PERS, and one - quarter of the unmodified allowance based on modified formula service (the period during which the employee was covered jointly by social security and PERS) is paid to: (a) a surviving spouse; (b) dependent children (if ,'• ' - no spouse); or (c) dependent parents. In addition the member may choose one of four retirement options at the time of retirement to increase the allowance for his beneficiary. RETIREE'S HEALTH PLAN - The City will provide for the extension of the current group medical and hospitalization plan to all retirees who wish to continue their coverage. The City will contribute an amount " equal to the agency contribution to the Myers- Geddes Health Plan for an employee who qualifies for full retirement benefits under PERS . until the time he qualifies and is eligible for medicare benefits and until he dies. A disabled worker qualifies as a retired member. The balance of the monthly premium, if any, shall be born by the employee. LONG TERM DISABILITY COVERAGE - The City shall pay the monthly premium to,provide each employee a long -term disability insurance program >l_,,;:.,'_s_._,_:,r - -• which affords a monthly stipend to a disabled member after 30 continuous ,`., days of disability. The amount of monthly income shall be 66 2/3% of the first $1500 of the employees monthly salary, to a maximum benefit of $1000 per month. yt «F ai a ' MAN" " ���.�y� 't�S.M v='-'s h;�.:.Y]- �S:SC.. 'sw'1T,:. ill ?�- d.',• }•?. c:C:•�it�G4.'y DEFERRED COMPENSATION - Deferred Compensation allows an employee to take income out of his peak earning years and set it aside to provide additional retirement income. No federal income taxes are paid on the deferred income until the value of,the deferred earnings is returned either at retirement or when a member withdraws from the plan. An employee is eligible to receive his contributions upon termination of employment, retirement, upon becoming disabled or at the time of death. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of June, 1981 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR A It REPORT TO MAYOR AND CITY COUNCIL DATE: 5 -22 -81 COUNCIL MEETING: 6 -3 -81 SUBJECT Social Security Replacement Benefits/ Deferred Compensation ---------------------------------------------------------------------- - - - - -- Par vr_Rniimn In 1978, the City of Saratoga, based upon a vote of all employees, withdrew from participation in the Social Security System. Attachment #4 is a copy of the report presented to all employees and the City Council by the Social Security Committee in 1978. The report gives detailed information on how the Social Security Replacement Benefits were chosen. Social Security Replacement Benefits were to include the following five benefits: 1. Public Employees Retirement System (PERS) Survivor Benefit 2. PERS Survivor Continuance 3. Retiree's Health Plan 4. Long Term Disability Coverage 5. Deferred Compensation Program The above five replacement benefits were instituted (see Attachments 1, 2 and 3) and the changes were effective March 31, 1978. During employee negotiations in 1980 the issue of the social security replacement benefits was raised and the amount of money being allocated for the Deferred Compensation Program was questioned. The questions raised at that time have been under discussion and study and are now to the point of being resolved. DISCUSSION OF THE PROBLEM Resolution 85 -9.34 relating to replacement benefits for social security was adopted by the City Council in May 1978. The purpose of Resolution 85 -9.52 is to clarify the entire replacement benefit package and how it is to be administered. Resolution 85 -9.34 is vague and as a result is subject to different interpretations. In order to avoid future confusion as to these benefits and how they are administered, and to clarify distribution and costs during employee negotiations, Resolution 85 -9.52 has been developed. Report to Mayor and City Council Social Security Replacement Benefits /Deferred Compensation Council Meeting: 6 -3 -81 Page 2 In researching all the documents, reports and resolutions it is clear that the intent of the Social Security replacement benefits was to pay for benefits equal to but not to exceed the amount the City would be required to pay to the Social Security System. (For documentation see attachment 1, Resolution 85 -9.34, Purpose, Attachment #2, and Attachment #4). This would indicate the City would be paying 6.05% of salary, the percentage rate going into Social Security at the time of our withdrawal, up to the Social Security salary maximum "cap "; for the replacement benefits. The Social Security maximum "cap" is the amount up to which Social Security benefits must be paid. This amount was $17,700 in 1978, is currently $29,700 and will be $31,800 as of 1 -1 -82. The advantage to the City was that the percentage, 6.05,,was to stay fixed, whereas with Social Security it was to increase to 6.70% by 1982. The distribution of the 6.05 %.of salary for the replacement benefits was to have the PERS Survivor Benefit, the PERS Survivor Continuance; the Retiree's Health Plan, and the Long Term Disability Insurance paid first, and the remainder of the 6.05% was to be applied to the Deferred Compensation Program. The cost of these benefits can change yearly and computation of amounts and appropriate adjustments should have been made yearly. Adjustments were made yearly in all benefit costs, except for the contribution to Deferred Compensation. The monthly contribution has remained.the same since the Plan's inception in 1978. The amount set aside each year for replacement benefits is to be equivalent.to 6.05% of salary up to the Social Security salary maximum "cap ". Each year as salaries have increased, adjustments have not been made in the Deferred Compensation Contributions. Adjustments have been made, as necessary, in the other replacement benefits. Based upon the above, it appears that adjustments in the Deferred Compensation benefit should have been made in April of 1979 and again. in April of 1980. The total amount due for those periods is approximately $30,000 and will be included in the 1981 -82 budget as a special appropriation. We are in the process of making the necessary adjustments for April 1981 and have sufficient money in the 1980 -81 budget to cover those adjustments. In order to further clarify the intent of the Social Security replacement benefits the Assistant City Manager contacted the previous City Manager to discuss the issue. His interpretation of the intent is in agreement with the information contained in this memorandum. rnNrl II ;TnN In order to clarify the intent of the Social Security replacement benefits it is recommended that Resolution 85 -9.52 be adopted. Pa ricia M. Mul ens ' Assistant City Manager PMM /Ij ATTAC k ME: ro-r 1 w:r:�: i , t�` rA'.'` �z.;.. +..Yw�"w.-- �k+••'.�.��i..eY� -3u ri.M,4M`�D�;�v+4"�`�a.' `�'.'."'�Sre� -." man..." wtihs�,}.e`a4"�l!+eYh....+'�'Mt, .` �." ... - �� :,� ;� ji:!�G:�ts�YS.+t'cK�. RESOLUTION 85 -9.34 t �xar� A RESOLUTION AMENDING RESOLUTION NO. 85 -9 ADDING TO FRINGE BENEFITS FOR EMPLOYEES OF THE CITY OF SARATOGA The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Section 1.8 of Resolution 85.9 is amended to read as follows: Section 1.8: Fringe Benefits (a) Purpose The City Council of this city has agreed to contract for certain replacement benefits in tandem with the decision to terminate social security coverage for city employees, effective March 31, 1978. The City's contribution to the costs of these replacement benefits is established at the estimated annual cost of social security coverage to the City as of March 31, 1978. In no case shall the City's contribution to the approved replacement benefits exceed the amount the City would be required to contribute on behalf of its employees to the social security system. The social security replacement benefits include the following: PERS 1959 Survivor Benefits, PERS Post - Retirement Survivor Benefits, Long -Term Disability Insurance, Retirees' Health Plan, such "other benefits" as may be enacted by the City Council. (b) Insurance Policies The City shall pay the monthly premium to provide each employee a long -term disability insurance program which affords a monthly stipend to a disabled employee after 30 continuous days of disability. The program will afford a monthly income benefit of 66 2/3% of the first $1,500 basic monthly earnings, to a maximum benefit of $1,000 per month. (c) Retirees' Health Plan The City will provide for the extension of the current group medical and hospitalization plan to all retirees who wish to continue their coverage. The City will contribute an amount equal to the agency contribution to the Myers- Geddes Health Plan (currently $16.00 per month) for an employee who qualifies for full retirement benefits under PERS (currently age 60) until the time he qualifies and is eligible for medicare benefits (currently age 65) and until he dies. A disabled worker qualifies as a retired member. The balance of the monthly premium, if any, shall be borne by the employee. The City will extend the current group medical and hospitalization plan to all retirees between age 50 and 60 as long as they are not eligible for another group plan at a subsequent place of employment. However, the full monthly premium shall be borne by the employee. SECTION 2: Unless otherwise indicated, the modifications contained in this resolution shall be effective as of the first day of April 1978. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 17 day of May, 1978, by the following vote: AYES: Councilmen Kraus, Corr, Kalb, Matteoni, & C NOES: None ABSENT: None ATTEST: LFR� � CITY C `t A T-rA C H M E A)T LCG)J�T"y -S; 111 11 1 GM REPORT TO MAYOR AND CITY COUNCIL DATE: 3/20/78 COUNCIL MEETING: 4/5/78 SUBJECT: Social Security Replacement Benefits This report is in follow -up to the action by the City Council at its meeting on March 15, 1978, to proceed with the withdrawal from the Social Security program effective March 31, 1978. The approved replacement benefits package included the following items. 1. Retirees' Health Plan 2. Long -Term Disability Insurance Program 3. PERS 1959 Survivors Benefit 4. PERS Survivor Continuance 5. Deferred Compensation Program Each of these benefits is reviewed in this report. RECOMMENDATION It is recommended that the City Council proceed with the following: 1. Adoption of Resolution 85 -9.34 (A Resolution Amending Resolution No. 85 -9 Adding to Fringe Benefits for Employees of the City of Saratoga).. This provides for a retirees' health plan and long term disability insurance for all city employees effective April 1, 1978. In addition, it is recommended that the Council ._, L" �.:.:_._... .._�v_.rs...,,.,.�,..a......�.. ._,.....c.:.:lan: r_; \..- .a,�...:...�... a..� .....' i:. �....... n»•.; c,,,,.....,..:. �>......:,._.: a.:......._..�::r�..,......_.._ ..,.._. �._.. ...... ........___...�....:.�J.:v„_... .. ,.. _ .. __<....,.....�..:. . authorize the City Manager to contract with Standard Insurance Company for the long -term disability insurance program. 2. Adopt Resolution No. 350 (A Resolution of Intention to Amend the Contract between the City of Saratoga and Public Employees' Retirement System for 1959 Survivors and Post - Retirement Survivors' Allowance). At the end of April, the Council will be asked to adopt an ordinance which formally amends the contract. The two survivors benefits will go into effect May 1, 1978. 3. Temporarily hold in abeyance any action on a deferred compensation program. Thb funds .that were:-intended to be applied to this program should be held in reserve.until a determination is made on how to proceed. This will be enacted by resolution of the City Council. BACKGROUND This report is in follow -up to.the action taken by this City Ccuncil at its meeting of March 15, 1978, to proceed with the withdrawal from the Social Security Program effective March 31, 1978. At that meeting, the Council concurred in the.package of replacement benefits recommended by the Social Security Committee and approved by the City employees. It further authorized staff to proceed to contract for and implement the replacement benefits as soon after March 31st as possible. Each of these items is detailed in the memorandum below. They are implemented through the adoption of Resolution No. 85 -9.34 and the Resolution of Intention to Amend the Contract with the Public Employees' Retirement System. Retirees' Health and Long -Term Disability Insurance Resolution 85 -9.34 (A Resolution Amending Resolution 85 -9 Adding to Fringe Benefits for Employees of the City of Saratoga) enacts a retirees' health plan and long -term disability insurance effective -2- April 1, 1978. The wording for the retirees' health plan is the same as contained in the Social. Security Committee report. It authorizes a current maximum City contribution of $16.00 per month toward a group medical and 'hospitalization plan for all employees who retire after age 60. This terminates at age 65 if the retiree is eligible for medicare benefits. The second part of the resolution establishes a long -term disability insurance program. The purpose of LTDI is to provide the employee income to partially replace lost income in the event he becomes totally disabled. It is a supplement to sick - leave, which is usually insufficient to cover an employee for extended illness or periods of disability. The insurance provides 24 -hour coverage (on or off the job). Quotes were solicitated from insurance companies under the following guidelines: O Payment of 2/3 of the first $1500 of monthly salary (maximum $1,000 per month benefit to a disabled employee) • 30 -Day Elimination Period (prior to eligibility) o Benefits payable to age 65 (or 12- months if this is longer) Four insurance companies were contacted and two responded. Both Aetna Insurance Company and Union Mutual declined to offer a quote. Standard Insurance Company and Mutual Benefit (MBL Group) did respond and proposed the following: Standard Insurance Company - 1.660 on the first $1500 of each employees' monthly earnings. Mutual Benefit - 1.910 on the first $1500 of each employees' monthly earnings. -3- The Standard policy also provides that if the death of an insured occurs during a period for which monthly income is payable, payments in the same amount will be continued to the surviving spouse or children for three months. Standard also has the City's group policy for life insurance and accidental death. It is the premier company in the field of long term disability insurance plans for public entities. The six cities in the immediate vacinity that offer a disability insurance plan are all covered by Standard Insurance. It is recommended that the City Council authorize the City Manager to enter into a contract with Standard Insurance .Company for the provision of long -term disability insurance. Resolution of Intention to Amend Contract with PERS The adopted replacement benefits package calls for the City to contract with the Public Employees' Retirement System for the addition of a 1959 Survivor Benefit and a Survivor Continuance Plan (post- retirement survivors allowance). Prior to instituting this, it is necessary for PERS to complete a valuation study. PERS has just finished this study, and is sending us the results along with the Resolution of Intention to amend the contract for 1959 Survivors and Post - Retirement Survivors' Allowance. Tlis resolution will be included in your supplemental packet on Wednesday evening. After the Resolution of Intention is adopted, it must be followed by the adoption of an ordinance. This.will appear on the Council agenda at the end of April. The Effective date for the implementation of these two benefits will be May 1, 1978. Deferred Compensation The final element in the package of replacement benefits was intended to be a deferred compensation program. Once the costs of the other replacement benefits were finalized, the remaining dollars were to be distributed to each employee as a contribution to a -4- deferred compensation program. Based on the actual results of the PERS valuation study.for the Survivor Benefits, $162 per employee per year is available. This amounts to $6.75 per employee for each of 24 pay periods. However, the whole deferred compensation issue is in a state of uncertainty. The State of California, and a.great many local agencies, with the approval of the Internal Revenue Service, have established deferred compensation programs permitting employees to defer a portion of their pay until retirement or termination. Deferred income.is then treated for tax purposes as having been earned in the year received. These programs would be rendered ineffective under a proposed Internal Revenue Service rule published in the Federal Register of February 2,1978. The proposed regulations would tax currently, compensation which is deferred. Under the proposed rule, existing planscan continue to operate only until 30 days after final regulations are published. If these regulations go into effect, they will dismantle deferred compensation programs. Until the matter is resolved, it is not wise for us to proceed with the establishment of a deferred compensation program. It is recommended that we hold this portion of the replacement benefits package in abeyance until the Social Security Committee is reconvened and has an opportunity to explore other options. It would be ourintention to come back to the City Council within the next month or so with a recommendation.on how to proceed. Until an acceptable plan is developed, it is.recommended that the City set aside the funds that are due each employee from April lst forward. These would be paid to each employee from April 1st forward once the issue is resolved. This will be effectuated by resolution of the City c' un_il. Ro ert F. Jim Fiend kson City Manager AssistanC 4City Manager Time spent in preparation of report: 10 hrs . @ $129.38 t i 2. Resolution 849, A Resolution of the City of Saratoga Upholding the Appeal of David De Carion for a Use Permit (UP -361) to Allow a Tennis Court at 19199 Monte Vista Drive Mayor Kraus indicated he is voting against this action in keeping with his comments at the public hearing on March 15. It was moved by Councilwoman Corr and seconded by Councilman Kalb Resolution 849 be adopted. Thd motion was carried, 3 to 1, Councilman Kraus in opposition,.Councilwoman Callon abstaining. 3. Social Security Replacement Benefits a. Resolution 85 -9.34, A Resolution Amending Resolution 85-9 AcfJ ng to Fringe Benefits for Employees of the City of Saratoga b. Resolution 850, A Resolution of Intention to Amend the Con.r.ract between the City of Saratoga and Public Employee's Retirement System (The Council discussed a proposed amendment stipulating that the City's contribution to the approved replacement benefits not exceed the amount the City would be required to contribute on behalf of its employees to the Social Security system. It was moved by Councilman Kalb and seconded by Councilwoman ,Corr to adopt Resolution 85 -9.34, including the proposed amendment, and direct the staff to insert the amendment into the resolution. The motion was carried unanimously. Jim Hendrickson, Assistant City Manager, read into the record the following figures, which would be incorporated into proposed Resolution 850: 1) Increase in employer contribution rate: from 7.213% to 10.128 %. This represents a 2.9157 increase. 2) Annual dollar costs for first 12 months: estimated $91,150. This is based on an estimated payroll of 10.128 %. It was moved by Councilman Kalb and seconded by Councilwoman Corr the adoption of Resolution 850. Carried unanimously. 5. Acceptance of Gifts for New Library 6. Final Acceptances a. Tract 5256 - Sevilla Lane /Saratoga Foothills Development Corp. (Resolution 36 -B -176, Accepting Dedication of Streets) b. Tract 5319 - Shadowoaks /Saratoga Foothills Develop- Corp. ment (Resolution 36 -B -177, Accepting Dedication of Streets) `. V..v rts c. Tract 5462 - Dagmar- Bonnet /Dividend Industries (Resolution 36 -B -178, Accepting Dedication'of I� Lail $ Streets) d. Tract 5676 - Marion Road /Saratoga Foothills Develop- ment (Resolution 36 -B -179, Accepting Dedication of Streets) 7. Authorization to Call for Bids for Vehicle Inspection Services 8. Amendment to Joint Powers Agreement Re: Youth Service Bureau - Revise Number of Members and Requirement for a Quorum 9. Payment of Claims It was moved by Councilwoman Corr and seconded by Councilwoman Callon approval of the Items for Consent Calendar, with the exception of items 2 and 3. The motion was carried unanimously. C. ITEMS CONSIDERED SEPARATELY FROM C014SENT CALENDAR i 2. Resolution 849, A Resolution of the City of Saratoga Upholding the Appeal of David De Carion for a Use Permit (UP -361) to Allow a Tennis Court at 19199 Monte Vista Drive Mayor Kraus indicated he is voting against this action in keeping with his comments at the public hearing on March 15. It was moved by Councilwoman Corr and seconded by Councilman Kalb Resolution 849 be adopted. Thd motion was carried, 3 to 1, Councilman Kraus in opposition,.Councilwoman Callon abstaining. 3. Social Security Replacement Benefits a. Resolution 85 -9.34, A Resolution Amending Resolution 85-9 AcfJ ng to Fringe Benefits for Employees of the City of Saratoga b. Resolution 850, A Resolution of Intention to Amend the Con.r.ract between the City of Saratoga and Public Employee's Retirement System (The Council discussed a proposed amendment stipulating that the City's contribution to the approved replacement benefits not exceed the amount the City would be required to contribute on behalf of its employees to the Social Security system. It was moved by Councilman Kalb and seconded by Councilwoman ,Corr to adopt Resolution 85 -9.34, including the proposed amendment, and direct the staff to insert the amendment into the resolution. The motion was carried unanimously. Jim Hendrickson, Assistant City Manager, read into the record the following figures, which would be incorporated into proposed Resolution 850: 1) Increase in employer contribution rate: from 7.213% to 10.128 %. This represents a 2.9157 increase. 2) Annual dollar costs for first 12 months: estimated $91,150. This is based on an estimated payroll of 10.128 %. It was moved by Councilman Kalb and seconded by Councilwoman Corr the adoption of Resolution 850. Carried unanimously. Resolution 85 -9.34 A Resolution Amending Resolution No. 85 -9 Adding to Fringe Benefits for Employees of the City of Saratoga The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Section 1.8 of Resolution 85 -9 is amended as follows: Section 1.8: Fringe Benefits (a) Insurance Policies 9. Long -term Disability Insurance The City shall pay the monthly premium to provide each employee a long -term disability insurance program which affords a monthly stipend to a disabled. employee after 30 continuous days of disability. The program will afford a monthly income benefit of 66 2/3% of the first $1500 basic monthly earnings, to a maximum benefit of $1,000 per month. (d) Retirees' Health Plan The City will provide for the extension of the current group medical and hospitalization plan to all retirees who wish to continue their coverage. The City will contribute an amount equal to the agency contribution to the Myers- Geddes Health Plan (currently $16.00 per month) for an employee who qualifies for full retirement benefits under PERS (currently age 60) until the time he.qualifies and is eligible for medicare benefits (currently age 65) or until he dies. A disabled worker qualifies as a retired member. The balance of the monthly premium, if any, shall be borne by the employee. The City will extend the current group medical and hospitalization plan to all retirees between age 50 and 60 as long as they are not eligible for another group plan at a subsequent place of employment. However, the full monthly premium shall be borne by the employee. SECTION 2: Unless otherwise indicated, the.modifications contained in April 1978. this Resolution shall be effective as of the first day of SECTION 3: Applicability This Resolution amends Resolution 85 -9 of the City of Saratoga. This Resolution is an expression of existing policy of the City of Saratoga and is subject to modification and change by the City Council from time to time. Nothing herein contained shall be construed as creating or establishing any of the provisions hereof as terms of any contract of employment extending beyond any period other than such period as during which this resolution is in full force and effect. That is to say, that any employee of the City of Saratoga during the effective period of this Resolution shall have such employment rights and duties as are 'N q. ; I , setforth herein only during such period of time as this Resolution remains in effect, and not afterward. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 5th day of April, 1978, by the following vote: AYES: Councilmen Kolb, Maltconi, Callon, Kraus & Corr NOES: hone ABSENT: ioe -�, l� , r1AYOR ATTEST: V CITY CLERK Reso on No. 850 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BET14EEN THE BOARD OF AD•1INISTRATION OF THE PUBLIC EMPLOYEES' RETIRE1\iENT SYSTEM AND THE CITY COTNCIL OF THE CITY OF SARATOGA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject them- selves and their employees to amendments to said law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolu- tion giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: 1. Provide Full 1/50 benefits for miscellaneous members. 2. Provide post- retirement survivor benefits (Section 21263/21263.1).for miscellaneous members. 3. Provide 1959 Survivor benefits (Section 21380- 21388) for miscellaneous members. NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency gives, and it does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. April 5, 1978 (Date adopted and approved) BY (Nave) Mayor (Title) CON -122 i h it 3��',�i�Ytw. ..�:�.'r, .5 �1.:�s ;�`y.^r,.? -: ��i±ay.W"•9, E?j ATTtAC 14VM.EA-) T 3 RESOLUTION 873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA, CALIFORNIA, ADOPTING AN EMPLOYEE'S DEFERRED COMPENSATION PLAN AND APPROVING AN AGREEMENT WITH NATIONAL PLAN COORDINATORS, INC. FOR COORDINATING THE CITY OF SARATOGA EMPLOYEE'S DEFERRED COMPENSATION PLAN WHEREAS, the City of Saratoga desires to provide an Employee's Deferred Compensation Plan. NOW THEREFORE BE IT RESOLVED by the City Council of the City Saratoga, California as follows: Section 1: An employee Deferred Compensation Plan is hereby adopted. The City consents to a Plan and assumes the obligations to be performed on its part as set forth in the Plan. Section 2: The Plan shall be effective and shall apply to compensation earned after the effective date. The City consents to the participation of any employee, or officer, such participation to be in accordance with the Participation Agreement. Section 3: The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution to be entered in the records of the City Council of this City. Section 4: Agreement No. 1 , with the firm of National Plan Coordinators, Inc., to serve as Plan Coordinators of the above Plan, is hereby approved; and Section 5: That the City Manager is hereby authorized to execute said Agreement No. 1 and all other documents and initiate all other procedures to implement said Plan. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga on the 20th day of,. September , 1978, by the following vote; AYES: Councilmen Kalb, Matteoni, Callon, Kraus & Corr NOES: None ABSENT: NonO ' OR ATTEST: �J C AT-r.6,-"---4M EN'T CITY OF SARATOGA SOCIAL SECURITY COMMITTEE REPORT James B. Hendrickson Dick Hamilton Stan Carnekie January 1978 Bob Willis Barbara Sampson Jack Tomlinson y SOCIAL SECURITY COMMITTEE REPORT nrnur_nnymn Since it was appointed, the Social Security Committee has been meeting and studying the Social Security and PERS systems since the end of September 1977. The Committee does not intend to make any recommendations on whether or not an individual employee should vote to drop Social Security coverage. This is an individual decision, and it depends upon several factors. e The employee's age (and how near he is to retirement) • Whether he is a low- income, middle- income, or high- income employee (benefits for lower paid employees are a greater proportion of pre- -retirement income than those of employees at or above the maximum wale base). o Whether he is a career or non - career public employee (the -portability- of Social Security benefits may be the most important benefit for a non - career employee) o The employee's martial status o The number of dependents • His occupational hazards e Whether or not he has accumulated 40 quarters under Social Security (thereby gaining vested rights to benefits) In order to make this decision, we ask you to review the following key reading materials: 1. League of California Cities Comparisons - a good overview. Lists the main arguments favoring termination and arguments opposing termination. Provides a comparison of benefits and costs of each system. 2. A_ Study of Social Security Benefits (Intergovernmental Employee Relations Service Program) - an in -depth study of each system with specific examples. 3. PERS Benefits for Local Miscellaneous Members - brochure prepared y PERS. In assessing your situation, it is important to understand the main differences between Social Security and an actuarially based retirement system (such as PERS). Social Security is a plan of social insurance con- taining certain features which are characteristic of public retirement systems and private benefit programs. Its purpose, essentially a social one, is to provide security to a very large number of private and public employees and their families. Social Security taxes are used to pay current benefits to pensioners and their beneficiaries (pay -as- you -go). Private systems, including PERS, operate on a "funded" basis, meaning the current resources of the plan are always enough to cover all benefits promised to its participants at retirement. Employer contributions are placed into funds to provide future benefits for specific groups of employees and employee contributions are accumulated in individual accounts for employees. Social Security has traditionally been financed by equal contributions from employee and employer. During 1977, each contributed 5.85% of the first $16,500 of earned salary, or a maximum amount of $965.25. Current law (new legislation that became effective January 1, 1978) provides that the contributions will increase as follows: Maximum Beginning 1/1/78 6.050 of $17,700 = $1,070.85 Beginning 1/1/79 6.130 of 22,900 = 1,403.77 Beginning 1/1/80 6.13% of 25,900 = 1,587.67 Beginning 1/1/81 6.65% of 129,700 = 1,975.05 Beginning 1/1/82 6.70% of 31,800 = 2,130.60 The contribution rate is scheduled to rise in the future because in 1972 a cost -of- living benefit escalator was incorporated by law. It provides that if the national consumer price index increases 3% or more from the previous year, benefit amounts will automatically increase by the same amount. By way of illustration, the Consumer Price Index has actual3v increased by the following percentage rates since 1970. December 1970 - December 1971 = 3.4% December 1971 - December 1972 = 3.4% December 1972 - December 1973 = 8.8% December 1973 - December 1974 = 12.2° December 1974 - December 1975 = 7.0% December 1975 - December 1976 = 4.8% December 1976 - December 1977 = 6.8% In analyzing your own situation in relation to the social security system, it is important to be aware of some of the key arguments put forward by the opponents and proponents of withdrawal. These arguments have been drawn from the literature referred to above, and by no means are they intended to be comprehensive statements. They merely highlight some of the principal items that you should take into consideration in making your final decision. 1 Arguments in Favor of Withdrawal • In his analysis of the Fiscal Year 1973 -74 State of California Budget, the Legislative Analyst surveyed over 200 industrial retirement plans and found that only one required employee contributions for other than social security. Furthermore, a 1972 study revealed that the retirement contribution rate -2- applicable to California State Employees (which is the same as for City of Saratoga employees) is the highest among the 36 states which extend both a state retirement program and social security to their employees. The California employee contribution rate is higher in 10 of the 14 states that do provide social security coverage, as well. The Legislative Analyst concluded that, "the retirement burden on California employees is excessive ". • Due to the pay -as- you -go method of financing the social security system and the lower fertility rates that have been experienced recently, the financial support required to keep the system afloat in the future is expected to be much greater than what will be provided by the existing schedule of payroll taxes. A recent study demonstrated a steady decrease in the number of workers for every beneficiary. This trend is expected to continue in the future to the point that the ratio will drop to two (2) workers for every one (1)- beneficiary by the middle of the next century. i Civilian Employment SS Beneficiaries Workers/ Year (millions) (millions) Beneficiary 1940 32.4 0.2 145.8 1947 43.9 2.0 22.2 1954 60.1 6.5 9.3 1957 64.1 11.1 5.8 1967 74.4 23.7 3.1 1972 81.7 28.1 2.9 • Most employees prefer the immediate advantages of greater take -home pay during their working years when the largest demands are placed on family budgets, rather than sustain high salary deductions for dual retirement benefits which are payable when family expenses normally subside. Thus, withdrawal allows both employee and employer to gain a greater measure of control over their payroll deductions and more conscious decision making on how to spend one's income. -3- Arguments Against Withdrawal o A social security administration study points out that even if a person has been paying the maximum social security tax since the system was founded in 1937, his total' contribution by 1976 would be only $7,700. If that person retired in 1976, he would get his full investment back in only 19 months of typical social security benefits. The noted economist, Paul Samuelson has said that the beauty of social insurance is that it is, "actuarially unsound. Everone who reaches retirement age is given benefits and privleges that far exceed anything he has put in." This is due to the fact that over the years social security has been frequently amended which has resulted in a considerable liberalization of the benefits. The total amount of taxes paid by an individual is affected less by the amendments or automatic escalation than is the total amount of benefits he ultimately receives. But, this may change in the future in that the next social security amendment of substance is expected to cut back future benefits under certain conditions from the excessive levels they might otherwise reach. a Social security benefits are non - taxable, whereas the benefits provided through the City's contribution to PERS (along with accrued interest earnings on the investment of funds) are taxable. The income tax treatment of social security benefits results in an important federal subsidy to beneficiaries. Depending upon the individual's income tax bracket after retirement, retirement earnings subject to taxation would have to be much higher in order to equate on an after -tax basis with social security benefits:::. e Social security benefits will be much higher in the future than they are now, even without an increase in benefits due to the cost -of- living adjustments. This is due to the fact the average wage upon which the benefit is based increases annually. As time passes, the earlier wage bases of $3,000, $3600, $4200 and so on are dropped and replaced by the higher wage bases of $15,300 (1976 maximum), $16,500 (1977 maximum), and $17,700 (1978 maximum). At the same time, the amount of social security taxes paid by the worker increases as the wage base escalates. -4- A recent study by the State of California concluded that there is an almost universal misunderstanding of Social Security because of its complexity. If each employee fully understood Social Security as it affected his own self- interest and then voted accordingly, the following would be the potential line -up of employees. For withdrawal Younger career employees who moonlight or expect to work after retirement (to earn a minimum 40 quarters) Female employees married to covered employees Higher-paid employees Against Withdrawal Employees subject to greater risk of disability Older career employees Career employees who don't expect to earn Social Security elsewhere Non - career employees Employees with many dependents Lower -paid employees (in Social Security terms, Saratoga employees generally qualify as moderate to higher paid) Married employees with non - covered spouses -5- "UNIVERSE" OF REPLACEMENT BENEFITS An essential point to remember in analyzing your own situation is that Social. Security benefits cannot be replaced on an exact dollar- for - dollar or matching benefit basis. Nevertheless, the Committee has surveyed each facet of the Social Security system - retirement, disability, health, survivors - and developed an "ideal" list of replacement benefits. If the City picked up each one of these replacement benefits, it would provide a superb package. These are listed below. Exclusive of any City contribution to deferred compensation, the total cost amounts $92,500 - or approximately 10.2% of total salaries. This is well in excess of the amount of money available for replacement benefits. -6- Benefit Improvement % of Total Salary 1. PEES 1959 Survivors Benefit 1.0% 2. PERS Survivor Continuance 2.0 -3.0 3. Long -Term Disability 1.14 4. Health Insurance - Retirees 0.04 5. Five - Percent Automatic Cost -of- Living 3.586 Increase to PERS Benefits 6. 25% Increase in 1959 Survivors 1.0 7. Deferred Compensation Variable 8. Increased Life Insurance 0.36 TOTAL: 10.19% Exclusive of any City contribution to deferred compensation, the total cost amounts $92,500 - or approximately 10.2% of total salaries. This is well in excess of the amount of money available for replacement benefits. -6- RECOMMENDED REPLACEMENT BENEFITS From this "Universe ", the Committee has selected five replacement benefits that it recontmends the City contract for if the employees vote to terminate Social Security. The cost of these benefits amounts to about $49,500 - which is equal to the estimated annual cost of Social Security coverage to the City as of March 31, 1978. The recommended package only relates to the employer's contribution (The City of Saratoga). The savings realized by the employee may be used at his discretion . There is a slight increase in the contribution rate by the employee to PERS after social security termination. This amounts to $4.31 per payroll period. This results because all service from termination date forward is computel on "full formula" basis. (100W of salary earnings). Past service is based o;i a "modified formula" for benefit calculations - since the employee contri- bution is 7% of monthly salary less the first $133.33. We recommend that the employee consider diverting as much of his savings as he can afford to the deferred compensation program and /or to increased life insurance (individual policies). This would add to the protection he would receive under the replacement benefits package. We feel that this is a solid package of benefits that will replace a substantial portion of the coverage we now have under social security. We recommend that you adopt it if you are in favor cf terminating social security coverage. Each of these is listed in detail in Exhibit "A ". -7- RECOMMEN DAT IONS In summary, the Social Security Committee recommends the following. 1. Each employee assess his own situation and determine whether he is in favor of or opposed to terminating Social Security coverage as of March 31, 1978. 2. If in favor of termination, vote to accept the recommended replacement benefits package. This includes: a. PERS 1959 Survivor Benefit b. PERS Survivor Continuance C. Long - terra Disability Insurance d. Retirees Health Plan e. Deferred Compensation Program Under the Deferred Compensation Program, the City would contribute a minimum $1.89 per employee per pay period. This is based on the assumption that the City must contribute 3.0% of payroll to a survivor continuance program. If the results of the valuation study (a study conducted by PERS to determine the City's payroll contribution rate for the funding of different benefits, which is based upon the profile of the City's work force and the resultant experience rating) show a lesser contribution rate, the City will add the difference to its contribution for the deferred compensation program. If the City's contribution to deferred compensation program is less than $5.00 per pay period per employee, the employee may either join the program or take the City's contribution as an addition to salary. If the City's contribution is greater than $5.00, the employee must join the program to qualify for the City's contribution. 3. That each employee use a portion of his savings from social security to supplement the Citv's contribiiti.on to A deferred compensation program i» order to meet the necessary minimum of $10.00 per pay period. 4. That each employee use whatever portion of his savings that remains, which he can afford, to supplement his contribution to deferred compensation and /or to purchase increased life insurance. n. /!L tames B. Hendrickson Bo Willis V(J Dick Hamilton 4,% -' Stan Carnegie -9- Barbara Sampson r (Jack Tomlinson U/ t • 1\ Exhibit " A" 1 1. 1959 Survivor Benefit (death prior to retirement) Description: Paid to an eligible beneficiary, whether or not the member is eligible for retirement at death. Supplements basic death benefit or 1957 Survivor Benefit. Ranges from $180 to $430 per month. Substantial replacement benefit. In example #1 cited in "A Study of Social Security Benefits" (pg 22), 1959 Survivor Benefit would replace 140% of Social Security benefit. For further detail, see the handout, "Optional Public Agency Contract Provisions under the PERS ". Cost: Employee = $2.00 /month Employer = additional 1.0% of payroll. 2. Suvivor Continuance (death after retirement) Description: One half of the member's unmodified allowance based on full. formula service under PERS, and one- quarter of the unmodified allowance based on modified formula service (the period during which the employee was covered jointly by social security and PERS) is paid to: (a) a surviving spouse; (b) dependent children (if no spouse); or (c) dependent. parents. In addition, the member may choose one of four retirement options at the time of retirement to increase the allowance for his beneficiary. This is succinctly outlined in the booklet, "PERS Benefits for Local Miscellaneous Members ". Cost: Employee = None Eaployer = Additional 2.0 - 3.0% of payroll. %. 3. Long Term Disability Insurance Description: Payment of a monthly stip a 30 -day elimination period. shall be 66 2/3% of the first salary. Benefits are payable is longer). end to a disabled employee after The amount of monthly income $1500 of the employee's monthly until age 65 (or 12 months, if this Total disability is defined as the complete inability of the employee to engage in any employment or occupation which he is reasonably fitted to perform. However, if the employee is unable to perform his regular occupation, he is eligible for benefits for up to a continuous period of 24 months. Benefits end upon death; except that the.monthly income will be paid to the employee's spouse or children for a maximum 3 months after death. Cost: Employee = None Employer = $1.27 per $100 of salary per month to a maximum salary of $1500 per month. 4. Retirees' Health Plan Description: The City would contract for a retirees' health plan continuance with Blue Corss and Kaiser. Thus, on retirement, the employee would be eligible to continue his coverage under the City's group plan. The City would contribute an amount equal to an agency's contribution to the Meyer- Geddes health Plan (currently $1.6.00'per month) for an employee who qualifies for full retirement benefits under PERS (currently age 60) until the time he qualifies and is eligible for medicare benefits (currently age 65) or until he dies. A disabled worker qualifies as a retired member. In addition, the City would incorporate any retired worker between acre 50 and 60 into the retirees health plan, as long as he is not eligible for another group plan at a subsequent place of employment. But the City would not pay any of this employee's monthly health premium. Example: (1) Joe Jones is covered by Blue Cross and retires when he reaches age 60. Joe would continue to be covered under the City's group plan. The City contributes $16.00 a month toward Joe's premium until Joe signs up for medicare at ar_:e 65. (2) Mary Brown is covered by Blue Cross and retires when she reaches age 60. Mary would continue to be covered under the City's group plan. The City contributes $16.00 per month toward M1ary's premium. However, Mary does not qualify for medicare at age 65, and does not wish to buy it on her own. So, Mary would continue to be covered under the City's group plan unitl she dies. (3) John Brown is covered by Kaiser and retires when he reaches age 50. John goes into business for himself, and is not eligible for group health insurance. So, John would continue to be covered under the City's group plan until age 60 or until he becomes eligible for another group health plan. However, John would pay his full premium. Cost: Employee = None Employer = $16.00 per month per retired employee over the age of 60. 5. Deferred Compensation Program Description: Deferred Compensation is a method which allows an employee to take income out of his peak earning years and set it aside to provide additional retirement income. You pay no federal income taxes on the deferred income until the value of the deferred earnings is returned to you either at retirement or when you withdraw from the Plan. When you request the City to defer a portion of your compensation, you also request it to invest the income in one or more approved investment vehicles. Typically these include a savings account at a savings and loan association, life insurance, fixed or variable annuity, and /or mutual funds. The City establishes the investment options; but each individual.may select the ones he wishes to invest in. An employee must contribute a minimum $10.00 per pay period to enroll in the program. You are eligible to receive your money if you terminate employment, retire, become disabled or die. You are paid back in several possible ways. For example, if you terminate employment, the value of your account (less any income taxes required to be withheld) may be distributed as follows: a. consecutive payments for not more than 7 years, b. consecutive payments for the rest of your life, C. a single lump -sum d. in payments as specified above and postponed to commence upon reaching your 50th, 55th, 60th, or 65th birthday. If you retire, you may receive your money as follows: a. consecutive payments not more than 10 years, b. consecutive.payments for the rest of your life, c. a single lump sum payment. For further detail, please refer to the sample plan outlined in the booklet, "City of San Jose Deferred Compensation Plan ". Cost: Employee = maximum $9.11 per pay period (to meet the $10.00 minimum) plus flat 50C administrative charge (payable to the plan broker). Employer = minimum $1.89 per pay period per employee. Deferred Compensation, continued The minimum contribution of $1.89 by the City is based upon the dollars that remain to be distributed after the other four replacement benefits have been paid for. The cost of the survivor continuance option is estimated to be 2.0% to 3.0% of payroll. The actual rate depends on the results of a valuation study, which would not be undertaken unless the employees vote to drop social security and unless the package of replacement benefits is accepted. If this occurs, and the valuation study establishes the survivor continuance cost at 3.0% of payroll, $1.89 per pay period (24 pay periods in the year) per employee remains to be distributed to a deferred compensation program. Thus, the employee would have to contribute $8.11 per pay period to meet the $10.00 minimum. At the other end of the scale, if the valuation study establishes the survivor continuance cost at 2.0% of payroll, $8.89 per pay period per employee will be available for a City contribution to a deferred compensation program. Then, the employee would only need to contribute $1.11 per pay period to meet the $10.00 minimum. As long as the valuation study sets the City's cost for survivor continuance at about 2.56% to 3.0%, the City's contribution to the deferred compensation program would be less than $5.00 per pay period. In this event, the employee would be given the option of joining the deferred compensation program or taking the City's contribution as an addition to his salary. If the valuation study sets the City's cost for survivor continuance at 2.0% up to about 2.55 %, the City's contribution to a deferred compensation program would be greater than $5.00 per pay period. In this instance, the employee would have to participate in the deferred compensation program in order to qualify for the City's contribution . In no event would he be required to invest more than $5.00 per pay period to meet the minimum invest- ment of $10.00 per pay period. In summary, if the City's contribution to a deferred compensation program is less than $5.00 per pay period, the employee may either join . the the program or take the City's contribution as an addition to his salary. If the City's contribution is greater than $5.00, the employee would have to participate in the program to qualify for the City's portion. This is illustrated below: Deferred Compensation Cost of Survivor. (24 pay periods) Addition To Continuance Employer Cost Employee Cost Salary _ (26 pay periods) Base 3.0% $1.89 $8.11 $1.74 2.8 3.29 6.71 3.04 - - - - -- Z,56-------------------- ---------------------------- 5.00 -------------- 5. 00--------------- 62 2.5 5.39 4.61 - - - -4- -- - - - - -- N/A 2.3 6.79 3.21 N/A Ceiling 2.0 8.89 1.11 N/A • dd. � (OTNIFE o2 ORKMOANOD)OA 13777 FIIUI'I'VALE AVENUE • SARATOGA• CALIFORNIA 95070 (,108)867-3,138 R E V I S E D C E R T I F I C A T I O N I hereby certify the following results of the Social Security Election, held on February 22nd and 23rd, 1978,with absentee ballots received thru 2/28/78. There were 54 employees eligible to vote on this issue, with 50 employees actually voting. The results were as follows: 1.. I am in favor of terminating Social Security coverage, effective March 31, 1978. Yes 38 No 11 This result represents a 77% approval to terminate Social Security coverage, effective March 31, 1978. 2, I am in favor of the package of replacement benefits recommended by the Social Security Committee. Yes 36 No 10 The replacement package was approved by a 78% majority vote. I hereby certify the above is a true and correct statement of the votes cast at an election conducted by the City Clerk of the City of Saratoga on February 22 & 23, 1978. CITY OF SARATOGA AGENDA~ BILL NO. DATE: March 5, 1982 DEPARTM NT' Administrative Services SUBJECT' : Unexpended Village Library Funds -------------------------------- - - - - -- Issue Summary Initial: Dept. Hd. C. Atty. C. Mgr. After the closure of the Village Library on December 4, 1981, services at that site were consolidated with the Community Library. The balance of funds available for 1981 -82 from the Village Library closure was $35,171. $8,297 was allocated for Thursday night service. $20,965 was designated for increased staffing at the Community Library leaving a balance of $5,909. The memorandum attached is from the Library outlining their approved plan for the expenditure of the remaining funds. Recommendation Review memorandum Fiscal Impacts None Exhibits /Attachments Memorandum from Lois Thomas, Head Librarian at the Community Library, dated 2/18/82. Council Action 3/17: Noted report. memorandum TO FROM Saratoga. City Council Members Lois Thomas S3 SUBJECT DATE S_QnA Village Library Money 2/18/82 The Saratoga Library Commission and County Library Administration approved the following plan for the expenditure of the $5,909 remaining from unexpended Village funds not allocated to additional staffing at Saratoga Community Library: CASSETTES: ?2000 - $2500 Language Instruction: French, Spanish, Vietnamese, Korean, etc. Other Instructional: Yoga, typing (various speeds of dictation), shorthand (various speeds of dictation), dance, karate, relaxation, meditation, exercise, etc. Ethnic: Music, songs, dances Readings: Poetry, Biblical REFERENCE BOOKS: $61360. These titles were selected in response to a strong need for information more up -to -date end /or in greater depth than the library is at present able to supply: Decisions of the Supreme Court, annual, 1963 -64 thru 1980 -81 @$25 /vol. (We have 1978 -79 only.) New York Times Film Reviews 1913 -1974, 8 vols. inc. index. $507 (These answer most questions about movies, including what book the film was based•on. Indexes allow approach by names of the actors, titles, screen writers, authors, etc.) New Catholic Encyclopedia, 17 vols. $450 NEW BOOKS, FICTION AND NON- FICTION: 32050 42550 REORDER CODE N0. 963077 Q26 -A REV 2175 CITY OF SARATOGA 2 � Initial: AGENDA BILL NO. .7 Dept. Hd. DATE: March 10, 1982 C. At DEPARTMaVT: Planning & Policy Analysis C. Mgr. SUBJECT: Revision of ABAG Housing Need Determinations Issue Sunmary 1. State law requires ABAG to determine housing needs of localities which must be addressed in their Housing Elements. 2. ABAG's initial determination that Saratoga's 1980 -85 need was reduced from 469 to 285. 3. City Council must accept or reflect the revision by March 31, 1982 for ABAG review. Recommendation Staff recommends that the City Council adopt the Resolution accepting the revised housing need determinations. Fiscal Impacts None anticipated since State law (Section 65589(a)(1)) does not require cities to "expand local revenues for the construction of housing, housing, subsidies or land acquisition. Exhibits /Attachments Exhibit A - Staff report dated 3/9/82 Exhibit B - Re,solution ,approving revision of housing needs determinations. Exhibit C - S.taff report dated,t2 /19/82 Exhibit D - Staff report dated 2%19/82 Council Action 3/17: Mallory /Watson moved to adopt Resolution 1068. Passed 5 -0. 919W 02 ° HOC REPORT TO MAYOR CITY COUNCIL AND EX6161t fl DATE: 3/9/82 COUNCIL MEETING: 3/17/82 SUBJECT: Revision of ABAG Housing Needs Determinations SU1U -ARY 1. State law (Article Councils of government of local jurisdictions Elements. 10.6 of the Government Code) requires like ABAG to determine the housing needs which must be addressed in their Housing 2. ABAG's Housing Need Report initially indicated that Saratoga needs 469 additional units from 1980 -85 to bring housing supply into equilibrium with housing demand. This number was reduced to 285 after City staff provided more accurate and reliable information. 3. The City Council must decide to accept or reject this revision by March 31, 1982. ABAG then has 60 days to review the City's proposed revisions and accept or reject them. RECOMMENDATIONS Staff recommends that the City Council adopt the resolution requesting the revised housing need determinations. BACKGROUND AND EXPLANATION Article 10.6 of the Government Code requires cities to address through their Housing Elements how they will meet their "appro- priate share of the regional demand for housing." This share of the housing demand is determined by ABAG for all Bay Area cities. ABAG was constrained by law to use available data on market demand, employment opportunities, availability of suitable sites and public facilities, commuting patterns, type and tenure of housing, and housing needs of farmworkers. ABAG Housing Needs Determinations March 9, 1982 Page 2 Because of the requirement to use available data, ABAG used 1970 census data in some cases to predict housing availability in 1980 since 1980 census data was incomplete. ABAG also assumed that land use policies that were in effect in 1975 -76 were also in effect in 1980 which was a critical factor in projecting household growth from 1980 -85. These two factors were the most important in generating the housing need number. ABAG developed five criteria for accepting local government revisions to the housing need number. Three of these criteria applied to Saratoga: 1. Revisions based on more current and reliable data. 2. Updated information on local development policy changes that would affect household growth. 3. Revised replacement estimates accompanied by adequate documentation based on available data. 1985 PROJECTED HOUSING NEED Both the City and County recommended that ABAG use the 1975 special census to determine housing availability in 1980 which ultimately inpacts the 1985 projected housing need. City staff then indicated that land development policies significantly changed in the Northwest Hillsides when Measure A was adopted in April 1980. MEASURE A Measure A called for the adoption of a specific plan containing standards for density and preservation of rural character as outlined in the measure. This plan was adopted in June of 1981 and the City is currently completing ordinances which will implement the plan. Two consecutive moratoria to allow adoption of the Specific Plan and the implementing ordinances have essentially prevented development in this area for nearly two years which has slowed housing production which contributed to the 1980 shortfall. Measure A reduced the density allowed in the Northwestern Hillsides from 40 to 45 percent. The majority of the City's vacant acreage (850 of 1167 total vacant acres) is in this area so such a density reduction would have a significant impact on the number of households that could be contained in the City. Staff estimates that under the City's current General Plan and Zoning Ordinance about 1,000 more dwelling units could be built at the time of buildout. Because of this density reduction, ABAG reduced .Projected hous eho 1 d growth for 1985 by 40%. It should be noted that Measure A reduced density in the Northwestern Hillsides because of environmental and economic ABAG Housing Needs Determinations March 9, 1982 Page 3 factors. The primary environmental factors were the geotechnical hazards.associated with the steep slopes and potential landslides in the area. Other environmental factors were the potential erosion and drainage problems associated with higher density development in the hillsides. The cost of maintaining such development and the concomitant financial risks to the City were the primary economic factors. The limited access provided by Pierce Road (the primary access for this area) and the difficulties associated with improving it were also cited as being adversely impacted by higher densities. OTHER REVISED HOUSING NEED DETERMINATIONS The change in the projected number of units needed in 1985 also changed the number of units distributed by income category and changed the needed rental stock increase. Staff indicated to ABAG that we had more accurate housing replacement data which revised the housing replacement need. These revisions are as follows: 1. 1985 Projected Need by Income Category Using the original 1985 housing need determination, the distribution of housing units by income category to maintain the City's current distribution of household incomes was as follows: 1985 Projected Above Moderate Need Income 469 371 Moderate Low Very Low Income Income Income 47 23 28 Using the new housing need determination number for 1985, the distribution will be as follows: 1985 Projected Need 4.381 Above Moderate Moderate Low Very. Low - _.Income_ Income Income Income 225 " 29 14 17 2. Needed Rental Stock Increase in 1985 ABAG estimated that 15% of Saratoga's housing stock was made up of rental units in 1980. To maintain this rental percentage in 1985 ABAG originally estimated that 70 of the 469 units should be rentals. However, the 1975 census indicated only 7.5% of the City's housing stock were rental units and it is unlikely that the City's rental stock would have increased 100% in five years. It is likely the proportion of the City's rental stock has remained the same for the past 5 years. Considering this factor and the revised total housing need of 285 units the needed rental stock increase for 1985 should be 21 units. ABAG Housing Needs Determinations March 9, 1982 Page 4 3. 1985 Housinq Replacement Need ABAG estimated that 54 units would have to be replaced by 1985 based partially on HCD estimates. However, City records for the past six years indicates that only 4 units per year on average have been domolished. Pro- jecting that average out only 20 units would have to be replaced by 1985. IMPACTS OF REVISIONS The revised housing need determinations listed above indicate what the City can contribute to meeting both the regional and State housing goals. There is sufficient land available in Saratoga to provide for the revised housing need. The next step in the process is to determine through the Housing Element what efforts are required to attain the goal of meeting the City's housing need. Section 65581(c) of the Government Code indicates that the intent of the Legislature was to recognize that each locality is best capable of determining what these efforts are as long as they are compatible with the State housing goal and regional housing needs. OPTIONS 1. Approval of Revision If the Council desires to approve the revisions men- tioned in this report they should adopt the resolution that follows this report. The Resolution and this report will then be submitted to ABAG for their 60 day review period. 2. Disapproval of Revision If the Council decides to disapprove the revisions then the City will have to indicate what revisions are acceptable and on what data and methodology they are based. The attached Resolution would have to be modified to reflect this. However, if ABAG does not accept these revisions, they could be called to testify against the City in the event the City is sued on the basis of an inadequate Housing Element. The courts would then decide if the City's data and methodology were adequate. Michael Flores, Assistant Planner MF /mgr Attachment �eGio�w! �ibi�J ;»z:�+r.M'r:b�a::�*Cc+y?Gr� �:tti:..•+�:F:.� i.:s•1 ci.:,,�F RESOLUTION NO. A RESOLUTION REVISING THE HOUSING NEEDS DETERMINATIONS FOR THE CITY OF SARATOGA WHEREAS, the Association of Bay Area Governments is the council of governments (hereinafter "ABAG ") under the Joint Exercise of Powers Act for the San Francisco Bay Area; and WHEREAS, each council of governments is required by Section 65584 of the Government Code, as added by Chapter 1143, Statutes of 1980 (hereinafter "Section 65584 "), to determine the existing and projected housing needs for its region; and WHEREAS, each council of governments is further required to determine each city's and county's share of the regional housing needs; and WHEREAS, ABAG's staff has prepared and circulated, for public review and comment, a draft Housing Needs Report meeting 4&tJz-_ the requirements of Section 65584; and WHEREAS, after a duly noticed public hearing held on December 17, 1981, the ABAG Executive Board considered the proposed Housing Needs Report and comments thereon; and WHEREAS, the ABAG Executive Board found such report includes consideration of all factors listed in Section 65584 in proposing the initial determination of regional housing needs; and WHEREAS, the Housing Needs Report was approved by the ABAG Executive Board for the purpose of beginning the official review and revision of the determinations contained therein; and WHEREAS, ABAG's staff have worked with the staff of the City of Saratoga to ensure that the most complete and reliable information has been used in the determination of housing needs for this jurisdiction; and WHEREAS, the City of Saratoga desires to revise its share of the regional housing need based on available data and accepted planning methodology in accordance with the requirements of Section 65584; NOW THEREFORE BE IT RESOLVED, that, pursuant to Section 65584, the City of Saratoga revises its share of the regional housing need, as con- tained in the December 1981 Housing Needs Report publish- ed by ABAG; and be it further RESOLVED, that this revision is made effective March 31, 1982; and be it further RESOLVED, that the revision, and the data and methodology used to support such revision, is described in the attached report; and be it further RESOLVED, that the ABAG Executive Board is requested to act on such revisions in accordance with the requirements of Section 65584; and be it further Af Qq REPORT TO MAYOR AND CITY COUNCIL Exki6A C... DATE: 2/19/82 COUNCIL MEETING: 2/23/82 SUBJECT: ABAG'S Housing Needs Report as it Pertains to Saratoga ---------------------------------------------------------------------- - - - - -- INTRODUCTION On December 17, 1981 ABAG's Executive Board adopted the Housing Needs Report, San Francisco Bay Area. This report became effec- tive December 31st and describes the number of additional dwelling units that needed to be constructed in 1980 to bring housing production into equilibrium with housing demand for each City and County in the region. It also projects housing needs forward to 1985 for all these jurisdictions. This report was prepared as a requirement of state law due to the passage of AB 2853 (Art. 10.6) which makes it necessary for local governments to address their share of the region's housing needs through their housing elements. A 90 -day review period began December 31st to allow local governments to review ABAG's data and revise the housing need numbers based on existing local data and accepted planning methodology if this data and methodology were more accurate or reliable. These revised numbers are then submitted to ABAG for a 60 day review. At the end of this review ABAG must accept the revision or indicate why the revision is inconsistent with regional housing need. At the end of the 90 day review period (March 31st) the City must adopt a resolution either accepting ABAG's numbers or revising them. ABAG suggests that we wait until March 31st to take action so that we will have maximum review time and allow ABAG's Executive Board a maximum number ol- meetings to consider the revisions. ABAG staff wants to work with City staff on any revisions to the numbers since they are aware that some of their data may be outdated or City land use policies may have changed. ABAG also wants to complete the review in a timely fashion so that they can comply with their May 30th deadline in dealing with the revisions. F 1, k. REPORT' TO MAYOR AND CITY COXJNCIL DATE: 2/19/82 COUNCIL MEETING 2/23/82 SU6JE;T'_: ADAG 11 Ho:ds ing Needs Report as it' Pertains*to Saratoga ----------- ---------- -------------------------- INTRODUCTION -Qn December,17, .19,81 ABAG IS Bxecutive-,Board adopted the Housing Needs: Report, San Francisco Bay. Area. This re-port became effec- tive December 31st and describes the'=mber of additional dwelling units that nee4e(3 to be constructed in 1M to bring housing production-into equilibrium with housing.demand for each City and County fn the Region. It also proJectalhousing needs forward to 1985.­f6r all thes-p jurisdictidnio. This 'report wdo prepared'hs a requirement of-State law due to the passage,.of AS 2853 (Art. 100,6)' which -makes it necessary for local governmente to address their share of.the region's housing needs 'through their housing :elements.. A'90-day review" jpe.rio4 b,6gairi, Decerr6er 31:4t,to allow local qovernMents to review ABA-GIs data and 'revise the Housing need nuinbats based on existing -local data'and accepted planning methodology if this data and,methodology,,wera.-more aacurate or .reliable. Theqe revised; numbers. are Ithsxi 'submitted to ABAG for 60 day review. At the end" of, this - review' ABAG must accept the revision or indicate why the'rdviaion is inconsistent with regional. housing: need. At the end of the 90�day review- period (Marah 31st) the City must ,,Adop,t.a resolution either accepting ABAG's numbers or revising them.- ABA► suggests that we wait until March 31st to take action so that we will have maximum review time and allow ABAG's Executive Board a maximum humberat meetings to consider the revisions. A13AG staff wants to work with city staff on any revisions to t'Lie numbers since they are aware that soi,.ie of their data may be outdated. or, City land use policies iziay have changed. AW G also wants to complete the review in a timely fashion so that they can comply with their May 30th deaciline in dealin(- with the revisions. ABAG'S Housing Needs Report February 19, 1982 Page 2 SARATOGA HOUSING NEEDS According to ABAG, Saratoga needed to have 74 additional dwelling units in 1980 to bring housing supply into equilibrium with housing demand (see Table B -8). ABAG also projects that 469 dwelling units will need to be constructed between 1980 and 1985 (see Table C -8). The 1980 -85 numbers are then broken down into needed rental stock (Table D -8) and projected need by income. (Table E -8). In addition to those numbers, ABAG also projects that a minimum of 54 dwelling units will have to be replaced due to demolition by 1985 (Table G -7). ABAG indicates that the two most important types of data used were: 1. Household growth trends from 1975 to 1980 and projected growth from 1980 to 1985. 2. The number of housing units estimated to be available for year round permanent occupancy. Both of those types of data are responsible for the "available vacancy rate" which is the major component in calculating the housing need numbers. ABAG has indicated that these numbers `should be focused on in our review. REVISION CRITERIA ABAG has established five criteria, three of which apply to Saratoga, they will use in reviewing and accepting local govern- ment revisions. The three criteria that apply are: 1. Revisions will be accepted when.a local government provides more current and reliable data than used by ABAG. ABAG used 1980 census data that was available but was forced to use 1970 census data to estimate the amount of available housing. (Available housing is that portion of the housing stock available for year round housing as opposed to second homes, etc.) The proportion of year round housing in 1970 was used to determine the proportion of year round housing available in 1980. In 1975 the County prepared a special census which included Saratoga. This data could significantly change Saratoga's 1980 housing need number. As an example, Saratoga's proportion of its housing stock unavailable in 1975 (1.1%) was higher than in 1970 (.5%). This could have the effect of reducing the housing need number for 1980. 2. ABAG will use updated information on local development policy changes that would affect the household growth increments for 1980 to 1985. The availability of suitable sites and facilities is required to ABAG'S Housing Needs Report February 19, 1982 Page 3 be considered in the distribution of housing needs. ABAG used local policies that were in effect in 1975 -76 and assumed in Projections 79. Since that time the City has changed its land development policy for the Northwestern Hillside area where the bulk of the City's vacant land'is located (850 acres of 1167 vacant acres total). The new specific plan for that area effectively reduces density from 40 -450 of what was previously allowed. This could significantly reduce the number of households projected for Saratoga from 1980 -85 and thus reduce the projected housing need number. Also, a moratorium on development in the Northwestern I3illsides has been in effect since April 1980 which could also reduce the 1980 housing need number. The annexation of the Sunland Park area must also be incorporated by ABAG to revise the 1985 projections. The status of the San Jose -Santa Clara sewage treatment plant, which is used by the two sanitation districts that serve Saratoga, may also impact the housing need numbers. If the sewage treatment plant cannot expand quickly enough, housing production could be slowed. 3. ABAG will acce estimates are on available pt revised replacement estimates if such accompanied by adequate documentation based ata. ABAG assumes that the rates of loss in the housing stock from 1980 to 1985 will be one -half the rates calculated by HCD (State). Further, that as housing costs increase rehabilitation will gain economic feasibility and fewer units will be lost. ABAG's estimate that 54 units will be lost by 1985 works out to an annual loss of 10 -11 units per year. However, our demolition rate from 1976 to 1981 is about 4 units per year. If this rate continues, as is likely, then about 20 units per year would need replacement. 4. Other criteri:a.. _ Criteria 4 and 5 established by ABA county areas and farmworker housing housing need numbers. OTHER FACTORS G deal with unincorporated which do not impact Saratoga's In ABAG's projection of needed rental stock increase, 1980 renter /owner breakdowns are used. However, the 15% renter portion of the housing stock appears to be high when in 1975 only 7.4% of the housing stock were rental units. It is unlikely that the proportion of rental housing stock doubled in 5 years. Some revision of the rental need number would appear to be appropriate. ABAG used rental numbers from Franchise Tax Board and Department of Finance Data at the County level to determine rental percentages which were then uniformly applied to each City. ABAG assumed that ABAG'S Housing Needs Report February 19, 1982 Page 4 two - thirds of all 2 -4 unit structure types were rentals and all 5 or more unit structures were rentals. These assumptions do not really describe Saratoga's situation. I.t also appears that ABAG may have underestimated the median income in Saratoga for 1980. ABAG estimated -the median household income for Saratoga in 1980 to be $40,925. However, in 1981, Santa Clara estimated Saratoga's median household income to be $47,700. It is unlikely that median income would increase 16% over one year so it is possible that the 1980 median income was underestimated. This number is important because one of the factors examined by ABAG is the growth of housing value vs. the growth of household income. If housing costs increase faster than income it could indicate slower housing production (which affects housing cost) and thus is an indicator of a housing shortfall. CONCLUSION The purpose of all the housing need numbers generated by ABAG is to inform each community of its housing need which is a portion of the regional housing problem. The intent of AB 2853 was to make sure that local governments were aware of their responsibilities in contributing to the state housing goal. This goal, in brief, is the "... early attainment of decent housing and a suitable living environment for every California family..." This goal requires the cooperation of the public and private sectors to accommodate the housing needs of all economic levels. ABAG has estimated that a 4% regional vacancy rate in 1985 would stabilize the housing market in the region. Also, housing production was off with only 9 units produced for every 10 house- holds by which the region grew. To rectify that problem ABAG assumed that 11 units should be constructed for every 10 households projected in regional growth estimates. These assumption form part of the basis for the housing need numbers generated by ABAG. These goals and assumptions were approved by ABAG's Executive Board and reflect the goals of the region. According to state law, ABAG had to account for six factors in determining housing need. These factors were market demand for housing, employment opportunities, availability of suitable sites and public facilities, commuting patterns, type and tenure of housing, and housing needs of farmworkers. These factors are combined in the formulas used by ABAG which appear to be methodo- logically sound. However, the accuracy of the housing needs estimated by ABAG can be questioned based on more accurate data. The information the City has in some cases is more accurate than ABAG's. Of particular significance is the 1975 Special Census and the change in land development policy which reduced densities in the Northwestern Hillsides. With this new information it can be anticipated that ABAG'S Housing Needs Report February 19, 1982 Page 5 ABAG will reduce the housing of the reduction will not be information. Staff will be this new information and its numbers. MF /mgr Attachments need numbers but the exact amount known until ABAG processes the new meeting with ABAG staff to discuss impact on Saratoga's housing need r' Mi6ha-el Fiore , Assistant Planner TABLE III -7 1980 POPULATION AND HOUSING SANTA CLARA COUNTY City Population in Households Households Campbell 26,902 11,639 Cupertino 33,741 12,732 Gilroy 21,457 6,839 Los Altos 25,326 9,116 Los Altos Hills 7,381 2,369 Los Gatos 25,727 10,434 Milpitas 37,074 11,336 Monte Sereno 3,430 1,119 Morgan Hill 16,745 5,232 Mountain View 57,993 27,480 Palo Alto 53,787 23,041 San Jose 618,831 209,375 Santa Clara 84,820 34,037 2q, Lor. Saratoga 28,793 9,295 Sunnyvale 105,790 42,932 Uninc. 119,874 41,543 Total 1,267,671 458,519 Total Housing Units 11,975 13,118 ** 7,218 9,314 2,444 10,863 11,659 1,156 5,566 28,576 23,711 ** 216,156 ** 34,858 9,543 44,021 43,603 473,817 t Estimated Available Housing* * Estimated by ABAG based on 1970 Census available stock proportions applied to 1980 Census information. ** Census figure adjusted based on boundary errors in Census - reported figures. III -41 11,939 13,065 7,182 9,286 2,410 10,776 11,647 1,143 5,438 28,462 23,592 215,291 34,788 9,495 43,889 42,862 471,265 TABLE B -8 EXISTING HOUSING NEED, 1980 SANTA CLARA COUNTY City 1980 Need Ex�isti�ng as % of ouH sing 19TUHousing Need Stock AvaiTa 1 e Campbell 97 0.81% Cupertino 48 0.37 Gilroy 13 0.18 Los Altos 206 2.22 Los Altos Hills 9 0.37 f Los Gatos 59 0.55 Milpitas 96 0.82 Monte Sereno 2 0.17 Morgan Hill 18 0.33 Mountain View 177 0.62 Palo Alto 285 1.21 San Jose 1,411 0.66 Santa Clara 331 0.95 Saratoga 74 0.78 Sunnyvale 539 1.23 Unincorporated 554 1.29 Total 3,919 0.83 25 TABLE C -8 PROJECTED HOUSING NEED, 1985 SANTA CLARE. COUNTY City 1985 . Total Available 1980 -85 Projected Housing Needed Projected Households in 1985 Increase in Housing Needed Campbell 12,274 12,745 806 Cupertino 14,068 14,446 1,381 Gilroy 8,528 8,953 1,771 Los Altos 9,486 9,841 555 Los Altos Hills 2,872 2,927 517 Los Gatos 11,351 11,745 969 Milpitas 13,848 14,298 2,651 Monte Sereno 1,208 1,247 104 Morgan Hill 6,278 6,528 1,090 Mountain View 28,789 29,919 1,457 Palo Alto 23,652 24,424 832 San Jose 243,329 251,067 35,776 Santa Clara 35,022 35,991 1,203 Saratoga 9,718 9,964 469 Sunnyvale 46,790 48,244 4,345 Uninc. 45,626 47,484 4,622 Total 512,839 529,813 58,548 36 TABLE D -8 NEEDED RENTAL STOCK INCREASE IN 1985 TO MAINTAIN ESTIMATED 1980 RENTAL PERCENTAGE SANTA CLARA COUNTY City 1980 1980 Needed Rental Units Percentage Percentage Increase in in Available Owner Renter Availab a Stock Increase Stock for to Maintain 1985 1980 Rental Percentage Campbell 55.0 45.0 806 363 Cupertino 67.0 33.0 1,381 456 Gilroy 65.0 35.0 1,771 620 Los Altos 80.0 20.0 555 111 Los Altos Hills 86.0 14.0 517 72 Los Gatos 67.0 33.0 969 320 Milpitas 75.0 25.0 2,651 663 Monte Sereno 88.0 12.0 104 12 Morgan Hill 77.0 23.0 1,090 251 Mountain View 37.0 63.0 1,457 918 Palo Alto 59.0 41.0 832 341 San Jose 66.0 34.0 35,776 12,164 Santa Clara 51.0 49.0 1,203 589. Saratoga 85.0 15.0 469 70 Sunnyvale 50.0 50.0 4,345 2,173 Unincorporated 76.0 24.0 4,622 2,539 Total 63.0 37.0 58,548 21,662 47 City 1985 Projected Housing Need TABLE E -8 Campbell. 806 Cupertino 1,381 Gilroy 1,771 Los Altos 555 Los Altos Hills 517 Los Gatos 969 Milpitas 2,651 Monte Sereno 104 Morgan Hill 1,090 Mountain View 1,45.7 Palo Alto 832 San Jose 35,776 Santa Clara 1,203 Saratoga 469 Sunnyvale 4,345 Uninc. 4,622 Total 58,548 31 15 677 136 TABLE E -8 PROJECTED NEED, 1985,' BY INCOME CATEGORY SANTA CLARA COUNTY r -. Above Moderate Low Moderate Income Income Income 411 193 105 912 221 124 673 531 301 444 50 33 450 31 15 677 136 78 1,114, 742 424 83 10 5 533 273 142 976 219 131 624 92 58 17,888 8,944 4,651 674 265 132 371 47 23 2,737 782 391 2,728 924 462 31,295 13,460 7,075 58 Very Low Income 97 124 266 28 21 78 371 6 142 131 58 4,293 132 28 435 508 6,718 TABLE G -7 REPLACEMENT NEED 1985 SANTA CLARA COUNTY City Modified Reduced Housing Value State ublic Adjusted Method Removals* Replacement stimate Campbell 237 119 68 Cupertino 259 130 74 Gilroy 142 72 41 Los Altos 184 92 52 Los Altos Hills 48 24 14 Los Gatos 214 107 61 Milpitas 231 116 66 Monte Sereno 23 11 6 Morgan Hill 108 54 31 Mountain View 565 283 161 Palo Alto 468 235 134 San Jose 4,272 2,144 1,221 * Assumes rate of ** Assumes rate of a d j u s t e between removals will occur 0.4% assumed in the removals will occur 0.4% assumed in the d for housing value 1980 and 1985. 72 at one half the annual Statewide Housing Plan. at one half the annual Statewide Housing Plan, increases expected TABLE G-7 (continued) REPLACEMENT NEED 1985 SANTA CLARA COUNTY City Modified Reduced Housing Value ate T'ubllc Adjusted R—e—thod Removals* Replacement estimate ** Santa Clara 690 346 197 Saratoga 188 95 54 Sunnyvale 871 437 249 Unincorporated 850 429 245 Total 9,350 4,694 2,674 Assumes rate of Assumes rate of a d j u s t e between removals will occur 0.4% assumed in the removals will occur 0.4% assumed in the d for housing value 1980 and 1985. at one half the annual Statewide Housing Plan. at one half the annual Statewide Housing Plan, increases expected 73 6, 0-FL 14-AVI," 73 G& 6� 0 APPENDIX 1. TEXT OF AB 2853 (CHAPTER 1143, STATUTES OF 1980) Assembly Bill No. 2853 CHAPTER 1143 An act to amend Section 65302 of, and to add Article 10.6 (com- mencing with Section 65580) to Chapter 3 of Division 1 of Title 7 of the Government Code relating to local planning. (Approved by Governor September 26, 1980. Filed with Secretary of State September 26, 1980.1 LEGISLATIVE COUNSEL'S DIGEST AB 2853, Roos. Local planning: mobdehome parks and housing elements. (1) Existing law authorizes the legislative body of a county or city to regulate by zoning ordinance the various uses to which property within the jurisdiction may be put, and requires the legislative body to establish a planning agency to, among other things, develop and maintain a general plan. This bill would require the Department of Housing and Community Development, within 30 days after the effective date of this bill, to prepare and send to each county and city a questionnaire requesting prescribed information concerning the zoning regulations applicable to mobilehome parks, and would require the department to evaluate and report to the Legislature on the information received on or before July 1, 1981. (2) Existing law requires the adoption by every county and city of a local general plan, including a housing element. Under present law, the housing element is required to make adequate provision for the housing needs of all economic segments of the community. Under present law, there are no specific time limitations for periodic revision of the housing element, and the Office of Planning and Research may grant limited time extensions for completion of the element. This bill would enact substantially more detailed requirements for the housing element and, among other things, would require counties and cities to plan in the housing element for meeting their "appropriate share of the regional demand for housing," as determined pursuant to a specified procedure involving the c6uncil of governments for the region, the state's Department of Housing and Community Development, or the department alone in areas not having such a council. The bill would require each county and city to conform its housing element to the bill on or before October 1, 1981. The bill would require every city and county to revise its housing element, as specified at least every 5 years, except that the first revision would be due by July 1, 1984. (3) Under existing law, Sections 2231 and 2234 of the Revenue and Taxation Code require the state to reimburse local agencies and 91 40 I -1 ) V Ch. 1143 —2— school districts for certain costs mandated by the state. Other provisions require the Department of Finance to review statutes disclaiming these costs and provide, in certain cases, for making claims to the State Board of Control for reimbursement. The statutory provisions requiring reimbursement will be supplemented by a constitutional requirement of reimbursement effective for statutes enacted on or after July 1, 1980. This bill provides that no appropriation is made by this act pursuant to the constitutional mandate or Section 2231 or 2234, but recognizes that local agencies and school districts may pursue their other available remedies to seek reimbursement for these costs. The people of the State of California do enact as follows: SECTION 1. The Department of Housing and Community Development shall within 30 days after the effective date of this section prepare and send to each county and city a questionnaire requesting the following information: (1) The number of mobilehome parks within the jurisdiction, and the authorized number of mobilehome sites in each park. (2) The number of requests or permit applications for change of use of the mobilehome park. (3) The number of applications for the establishment of new mobilehome parks. (4) The disposition of requests or permit applications for change of use of mobilehome parks or applications for the establishment of new mobilehome parks and the reasons for denial of such requests or applications. (5) The availability of land within the jurisdiction that may be appropriate for establishment of mobilehome parks. (6) Local established practices, policies, and ordinances concerning change of use of mobilehome parks. (7) Local efforts and policies for reducing the incidence of change of use of mobilehome parks within the jurisdiction. The information specified in paragraphs (1) to (4), inclusive, shall cover the period from January 1, 1979, through December 31, 1979. The information specified in paragraphs (5) to (7), inclusive, shall reflect current conditions and circumstances as of the time of the completion of the questionnaire. The department shall prepare and submit a written report to the Legislature on or before July 1, 1981, containing an evaluation of the information received in response to the questionnaire. This section shall apply to charter cities and counties as well as general law cities and counties. SEC. 2. Section 65302 of the Government Code is amended to read: 65302. The general plan shall consist of a statement of development policies and shall include a diagrKm or diagrams and I -2 -3— Ch. 1143 text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements: (a) A land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall also identify areas covered by the plan which are subject to flooding and shall be reviewed annually with respect to such areas. (b) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use element of the plan. (c) A housing element as provided in Article 10.6 (commencing with Section 65580). (d) A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies which have developed, served, controlled or conserved water for any purpose for the county or city for which the plan is prepared. The conservation element may also cover: (1) The reclamation of land and waters. (2) Flood control. (3) Prevention and control of the pollution of streams and other waters. (4) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan. (5) Prevention, control, and correction of the erosion of soils, beaches, and shores. (6) Protection of watersheds. (7) The location, quantity and quality of the rock, sand and gravel resources. The conservation element shall be prepared and adopted no later than December 31, 1973. (e) An open -space element as provided in Article 10.5 (commencing with Section 65560) of this chapter. (f) A. seismic safety clement consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking, to ground failures, or to effects of seismically induced waves such as tsunamis and seiches. I -3 tij, Ch. 1143 —4— The seismic safety element shall also include an appraisal of mudslides, landslides, and slope stability as necessary geologic hazards that must be considered simultaneously with other hazards such as possible surface ruptures from faulting, ground shaking, ground failure and seismically induced waves. To the extent that a county's seismic safety element is sufficiently detailed containing appropriate policies and programs for adoption by a city, a city may adopt that portion of the county's seismic safety element that pertains to the city planning area within the county's jurisdiction, in satisfaction of this subdivision. In adopting a county seismic safety element, a city shall follow all requirements regarding the content and adoption of general plan elements as set forth in this article and Article 6 (commencing with Section 65350) of this chapter. Each county and city shall submit to the Division of Mines and Geology of the Department of Conservation one copy of the seismic safety element and any technical studies used for developing the seismic safety element. (g) A noise element, which shall recognize guidelines adopted by the Office of Noise Control pursuant to Section 46050.1 of the Health and Safety Code, and which quantifies the community noise environment in terms of noise exposure contours for both near- and long -term levels of growth and traffic activity. Such noise exposure information shall become a guideline for use in development of the land use element to achieve noise compatible land use and also to provide baseline levels and noise source identification for local noise ordinance enforcement. The sources of environmental noise considered in this analysis shall include, but are not limited to, the following: (1) Highways and freeways. (2) Primary arterials and major local streets. (3) Passenger and freight on -line railroad operations and ground rapid transit systems. (4) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (5) Local industrial plants, including, but not limited to, railroad classification yards. (6) Other ground stationary noise sources identified by local agencies as contributing to the community noise environment. The noise exposure information shall be presented in terms of noise contours expressed in community noise equivalent level (CNEI,) or day -night average level (L&). CNEL means the average equivalent A- weighted sound level during a 24 -hour day, obtained after addition of five decibels to sound levels in the evening from 7 p.m. to 10 p.m. and after addition of 10 decibels to sound levels in the night before 7 a.m. and after 10 p.m. Ld„ means the average I -4 W 5— Ch. 1143 equivalent A- weighted sound level during a 24 -hour day, obtained after addition of 10 decibels to sound levels in the night before 7 a.m. and after 10 p.m. The contours shall be shown in minimum increments of 5db and shall continue down to 60db. For areas deemed noise sensitive, including, but not limited to, areas containing schools, hospitals, rest homes, long -term medical or mental care facilities, or any other land -use areas deemed noise sensitive by the local jurisdiction, the noise exposure shall be determined by monitoring. A part of the noise element shall also include the preparation of a community noise exposure inventory, current and projected, which identifies the number of persons exposed to various levels of noise throughout the community. The noise element shall also recommend mitigating measures and possible solutions to existing and foreseeable noise problems. The state, local, or private agency responsible for the construction, maintenance, or operation of those transportation, industrial, or other commercial facilities specified in paragraph 2 of this subdivision shall provide to the local agency producing the general plan, specific data relating to current and projected levels of activity and a detailed methodology for the development of noise contours given this supplied data, or they shall provide noise contours as specified in the foregoing statements. It shall be the responsibility of the local agency preparing the general plan to specify the manner in which the noise element will be integrated into the city or county's zoning plan and tied to the land use and circulation elements and to the local noise ordinance. The noise element, once adopted, shall also become the guideline for determining compliance with the state's noise insulation standards, as contained in Section 1092 of Title 25 of the California Administrative Code. (h) A scenic highway element for the development, establishment, and protection of scenic highways pursuant to the provisions of Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code. (i) A safety element for the protection of the community from fires and geologic hazards including features necessary for such protection as evacuation routes, peak load water supply requirements, minimum road widths, clearances around structures, and geologic hazard mapping in areas of known geologic hazards. The requirements of this section shall apply to charter cities. SEC. 3. Article 10.6 (commencing with Section 65580) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 10.6. Housing Elements 65580. The Legislature finds and declares as follows: (a) The availability of housing is of vital statewide importance, I -5 Ch. 1143 —6— and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (b) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (c) The provision of housing affordable to low- and moderate- income households requires the cooperation of all levels of government. (d) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (e) The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs. 65581. It is the intent of the Legislature in enacting this article: (a) To assure that counties and cities recognize their responsibilities in contributing to the attainment of the state housing goal. (b) To assure that counties and cities will prepare and implement housing elements which, along with federal and state programs, will move toward attainment of the state housing goal. (c) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the state housing goal, provided such a determination is compatible with the state housing goal and regional housing needs. (d) To ensure that each local government cooperates with other local governments in order to address regional housing needs. 65582. As used in this article: (a) "Community," "locality," "local government," or "jurisdiction" means a city, city and county, or county. (b) "Department" means the Department of Housing and Community Development. (c) "Housing element" or "element" means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) of Section 65302. 6558.3. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory -built housing, and mobilehomes, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all 1 -6 is -7— Ch. 1143 of the following: (a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include the following: (1) Analysis of population . and employment trends and documentation of projections and a quantification of the locality's existing and projected housing needs for all income levels. Such existing and projected needs shall include the locality's share of the regional housing need in accordance with Section 65384. (2) Analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (3) An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. (4) Analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (5) Analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction. (6) Analysis of any special housing needs, such as those of the handicapped, elderly, large families, farmworkers, and families with female heads of households. (7) Analysis of opportunities for energy conservation with respect to residential development. (b) A statement of the community's goals, quantified objectives, and policies relative to the maintenance, improvement, and development of housing. It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the identified existing housing needs, but should establish the maximum, number of housing units that can be constructed; rehabilitated, and conserved over a five -year time frame. (c) A program which sets forth a five -year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, provision of regulatory concessions and i -7 Ch. 1143 —8— incentives, and the utilitzation of appropriate federal and state Financing and subsidy programs when available. In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following: (1) Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory -built housing and mobilehomes, in order to meet the community's housing goals as identified in subdivision (b). (2) Assist in the development of adequate housing to meet the needs of low- and moderate - income households. (3) Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. (4) Conserve and improve the condition of the existing affordable housing stock. (5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. 65584. (a) For purposes of subdivision (a) of Section 65583, a locality's share of the regional housing needs includes that share of the housing need of persons at all income levels within the area significantly affected by a jurisdiction's general plan. The distribution of regional housing needs shall, based upon available data, take into consideration market demand for housing, employment opportunities, the availability of suitable sites and public facilities, commuting patterns, type and tenure of housing need, and the housing needs of farmworkers. The distribution shall seek to avoid further impaction of localities with relatively high proportions of lower income households. Based upon data provided by the Department of Housing and Community Development relative to the statewide need for housing, each council of governments shall determine the existing and projected housing need for its region. The Department of Housing and Community Development shall ensure that this determination is consistent with the statewide housing need and may revise the determination of the council of governments if necessary to obtain this consistency. Each locality's share shall be determined by the appropriate council of governments consistent with the criteria above with the advice of the department subject to the procedure established pursuant to 1 -3 -9— Ch. 1143 subdivision (c). (b) For areas with no council of governments, the Department of f lousing and Coiniaunity Development shall determine housing market areas and define the regional housing deed for localities within these areas. Where the department determines that a local government possesses the capability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the identification and determination of housing market areas and regional housing needs, the department shall delegate this responsibility to the local governments within these areas. (c) Within 90 days following a determination of a council of governments pursuant to subdivision (a), or the department's determination pursuant to subdivision (b), a local government may revise the definition of its share of the regional housing need. The revised 'share shall be based upon available data and accepted planning methodology, and supported by adequate documentation. Within. 60 days of the local government's revision, the council of governments or the department, as the case may be, shall accept the revision or shall indicate, based upon available data and accepted planning methodology, why the revision is inconsistent with the regional housing need. The housing element shall contain an analysis of the factors and circumstances, with all supporting data, justifying the revision. All materials and data used to justify any revision shall be made available upon request by any interested party within 45 days upon payment of reasonable costs of reproduction unless such costs are waived due to economic hardship. (d) Any authority to review and revise a local government's share of the regional housing need granted under this section shall not constitute authority to revise, approve, or disapprove the manner in which the local government's share of the regional housing need is implemented through its housing program. 65585. (a) Each city, county, and city and county shall consider the guidelines adopted by the Department of Housing and Community Development pursuant to Section 50459 of the Health and Safety Code in preparation and amendment of the housing element pursuant to this article. Such guidejines shall be advisory to each local government in order to assist it in the preparation of its housing element. (b) At least 90 days prior to adoption of the housing element pursuant to this article and Section 65357, or at least 45 days prior to the adoption of an amendment to this element, the planning agency of a city, county, or city and county shall submit a draft of the element or amendment to the Department of Housing and Community Development. The department shall review drafts submitted to it and report its findings to the planning agency within 90 days of receipt of the draft in the case of adoption of the housing element pursuant to this article, or within 45 days of receipt of the draft in the case of an amendment. The legislative body shall consider the I -9 Ch. 1143 _10— department's findings prior to final adoption of the housing element or amendment. (c) Each local government shall provide the department with a copy of its adopted housing element or amendments. The department may review adopted housing elements or amendments and report its findings. (d) Except as provided in Section 65586, any and all findings made by the Department of Housing and Community Development pursuant to subdivisions (b) and (c) shall be advisory to the local government. 65586. Local governments shall conform their housing elements to the provisions of this article on or before October 1, 1981. Jurisdictions with housing elements adopted before October 1, 1981, in conformity with the housing element guidelines adopted by. the Department of Housing and Community Development on December 7, 1977, and located in Subchapter 3 (commencing with Section 6300) of Chapter 6 of Part 1 of Title 25 of the California Administrative Code, shall be deemed in compliance with this article as of its effective date. A locality with a housing element found to be adequate by the department before October 1, 1981, shall be deemed in conformity with these guidelines. 65587. (a) Each city, county, or city and county shall bring its housing element, as required by subdivision (c) of Section 65302, into conformity with the requirements of this article on or before October 1, 1981. No extension of time for such purpose may be granted pursuant to Section 65.302.6, notwithstanding its provisions to the contrary. (b) Any action brought by any interested party to review the conformity with the provisions of this article of any housing element or portion thereof or revision thereto shall be brought pursuant to Section 1085 of the Code of Civil Procedure; the court's review of compliance with the provisions of this article shall extend to whether the housing element or portion thereof or revision thereto reasonably complies with the requirements of this article. 65588. (a) Each local government shall review its housing element as frequently as appropriate to evaluate all of the following: (1) The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal. (2) The effectiveness of the housing element in attainment of the community's housing goals and objectives. (3) The progress of the city, county, or city and county in implementation of the housing element. (b) The housing element shall be revised as appropriate, but not less than every five years, to reflect the results of this periodic review, except that the first such revision shall be accomplished by July 1, 1984. 65589. (a) Nothing in this article shall require a city, county, or city and county to do any of the following: I -10 rIM V II — I 1 — Ch. 1143 (1) Expend local revenues for the construction of housing, housing subsidies, or land acquisition. (2) Disapprove any residential development which is consistent with the general plan. (b) 'Nothing in this article shall be construed to be a grant of authority or a repeal of any authority, which may exist of a local government to impose rent controls or restrictions on the sale of real property. (c) Nothing in this article shall be construed to be a grant of authority, or a repeal of any authority which may exist of a local government with respect to measures that may be undertaken or required by a local government to be undertaken to implement the housing element of the local general plan. (d) The provisions of this article shall be construed consistent with, and in promotion of, the statewide goal of a sufficient supply of decent housing to meet the needs of all Californians. SEC. 4. Notwithstanding Section 2231 or 2234 of the Revenue and Taxation Code and Section 6 of Article XIII B of the California Constitution, no appropriation is made by this act pursuant to these sections. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of that code. SEC. 5. Section 2 of this act shall become operative October 1, 1981. I -11