housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless. (3) (A) The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successor’s expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph.
(B) If the housing successor fails to comply with the extremely low income requirement in any five-year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30 percent or less of the area median income until the housing successor demonstrates compliance with the extremely low income requirement in an annual report described in subdivision (f). (C) If the housing successor exceeds the expenditure limit for households earning between 60 percent and 80 percent of the area median income in any five-year report, the housing successor shall not expend any of the remaining funds for households earning between 60 percent and 80 percent of the area median income until the housing successor demonstrates compliance with this limit in an annual report described in subdivision (f).
(D) For purposes of this subdivision, “development” means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code. Units described in this subparagraph may be counted towards any outstanding obligations pursuant to Section 33413, provided that the units meet the requirements of that section and are counted as provided in that section.
(b) Subdivision (b) of Section 33334.4 shall not apply. Instead, if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50 percent of the
aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed-restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above.
(c) (1) Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section 33334.2, may be expended anywhere within the jurisdiction of the housing successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area. For purposes of this paragraph, “program income” means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section 34176 and interest earned on deposits in the account.
(2) Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section 21155 of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section 50675.14, housing for agricultural employees as defined in subdivision (g) of Section 50517.5, or special needs housing as defined in federal or state law or regulation, or for a regional homeless shelter, if all of the following conditions are met:
(A) Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation.
(B) The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high-quality transit corridor as defined in paragraph (3) of subdivision (b) of Section 21155 of the Public Resources Code. (C) The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built.
(D) A transferring housing successor shall not have any outstanding obligations pursuant to Section 33413.
(E) No housing successor may transfer more than one million dollars ($1,000,000) per fiscal year.
(F) The jurisdictions of the transferring and receiving housing successors each have an adopted housing element that the Department of Housing and Community Development has found pursuant to Section 65585 of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and have submitted to the Department of Housing and Community Development the annual progress report required by Section 65400 of the Government Code within the preceding 12 months.
(G) Transferred funds shall only assist rental units affordable to, and occupied by, households earning 60 percent or less of the area median income. (H) Transferred funds not encumbered within two years shall be transferred to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.
(d) Sections 33334.10 and 33334.12 shall not apply. Instead, if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, “excess surplus” shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor’s preceding four fiscal years, whichever is greater.
(e) Section 33334.16 shall not apply to interests in real property acquired on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the department approved the property as a housing asset.
(f) Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year:
(1) The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4. (2) The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited.
(3) A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts.
(4) A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).
(5) As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts.
(6) A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service. (7) A description of any project that the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.
(8) For interests in real property acquired by the former redevelopment agency before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.
(9) A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor’s progress in meeting those obligations, and of the housing successor’s plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.
(10) The information required by subparagraph (B) of paragraph (3) of subdivision (a).
(11) The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
(12) The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor’s plan for eliminating the excess surplus.
(13) An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an
adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A) The number of those units.
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.
(C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund.
(D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity. (Amended by Stats. 2017, Ch. 35, Sec. 1. (AB 346) Effective January 1, 2018.)
CITY COUNCIL
REPORT 9.G.
DATE: MARCH 18, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heather Bell, City Clerk, [email protected]
SUBJECT: RESOLUTION AFFIRMING CITY AND COMMUNITY VALUES
RECOMMENDATION
At the December 17, 2024 meeting, Mayor Sasai requested a future agenda item reaffirming the City’s commitment to supporting and valuing all members of the Pinole community and to protecting its democratic values, the rule of law and the civil rights and liberties of Pinole’s residents, workers and visitors. The City Council approved this request.
BACKGROUND
Staff was provided with draft language and has prepared the attached resolution for the City Council's consideration.
REVIEW AND ANALYSIS
The City Council may recommend changes to the draft language for inclusion in the final resolution.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2025-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,
REAFFIRMING THE CITY'S COMMITMENT TO PROTECTING IMMIGRANT AND
OTHER VULNERABLE COMMUNITIES, UPHOLDING CIVIL RIGHTS AND
LIBERTIES, AND DEFENDING CONSTITUTIONAL VALUES AND THE RULE OF
LAW FOR ALL PINOLE RESIDENTS, WORKERS, AND VISITORS
WHEREAS, on April 20, 2021, the Pinole City Council issued a proclamation expressing its unwavering support for the Asian American and Pacific Islander (AAPI) communities, condemning the xenophobic rhetoric and discrimination that surged during the COVID-19 pandemic, acknowledging that harmful statements of the prior presidential administration contributed significantly to the spread of fear, stigma, and anti-Asian sentiment, and reaffirming the City’s commitment to fostering a community of inclusivity, dignity, and respect for all people, regardless of race, ethnicity, national origin or background; and WHEREAS, the City of Pinole is a diverse community of people from a variety of cultural backgrounds, economic statuses, gender identities, sexual orientations, immigration statuses, religions, and ethnicities, all of whom are valued in the Pinole community; and
WHEREAS, Pinole residents are deeply committed to one another and their community, often volunteering for service organizations, getting involved in their neighborhoods, supporting the most vulnerable, and coming together to celebrate our diversity; and WHEREAS, the Pinole community has become increasingly concerned about the serious risks to marginalized populations of harassment, discrimination, deportation, persecution, rejection of fundamental human and civil rights and liberties, and nullification of national laws safeguarding protected classes of people; and
WHEREAS, the City of Pinole is committed to working with our partners and elected representatives at the County, State, and Federal levels of government to support policies that affirm the rights of Pinole residents, workers, and visitors; and
WHEREAS, in light of recent actions by the federal government under the new presidential administration, including the increased ICE raids and the expansion of immigration enforcement powers, which directly target undocumented individuals in California and sanctuary jurisdictions, the City of Pinole recognizes the importance of supporting our residents who may become the targets of unjust deportation, family separation, and the erosion of civil liberties; and
WHEREAS, the City of Pinole reaffirms its adherence to California’s Sanctuary State status as established by Senate Bill 54 (de León), which limits local law enforcement cooperation, including the Pinole Police Department, with federal immigration authorities, limits the use of city resources for immigration enforcement, and protects the civil rights of all individuals by ensuring that schools, hospitals, and courthouses remain safe spaces, free from immigration-relation detentions and inquiries; and
WHEREAS, the City of Pinole fully embraces the system of democracy, checks and balances, the rule of law, and federalism enshrined in the United States Constitution and Bill of Rights and will do everything in its power to protect these sacred institutions in Pinole; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole hereby commits to protecting the rights, liberties, and freedoms of Pinole residents, workers, and visitors; and FURTHER, BE IT RESOLVED, that the City of Pinole affirms the rights and liberties of all Pinole residents; and
FURTHER, BE IT RESOLVED, that the City of Pinole will ensure that “Know Your Rights” red cards and related informational materials from Stand Together Contra Costa are made available at all public facilities within the city, in a variety of languages, to ensure that all residents, especially those from vulnerable communities, are properly informed of their constitutional rights, regardless of their immigration status, and are equipped to protect themselves against potential constitutional violations; and FURTHER, BE IT RESOLVED, that the City of Pinole will disseminate information about these resources to the public through various communication channels, including but not limited to the Mayor and/or City Council’s video and written communications, city newsletters, and the City’s official social media platforms, with the goal of ensuring that all residents, particularly those in vulnerable communities, are informed about their rights and where to access these critical resources.
FURTHER, BE IT RESOLVED, that the City of Pinole intends to comply with Senate Bill 54 (de León) and the State law restrictions on the use of law enforcement resources to facilitate the deportation of Pinole residents, workers, and visitors, except as explicitly mandated by law pursuant to the provisions of SB 54 (de León).