The County of Santa Clara

Board Referral

Approve referral to Administration to report to the Board with options for consideration relating to taking a public position on Senate Bill 5 (Beall/McGuire). (Cortese)


Department:Supervisor Dave Cortese (Supervisorial District Three)Sponsors:
Category:Board Referral


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There are no direct fiscal impacts with the submitting of this referral.


This referral is requesting that staff conduct an analysis of Senate Bill 5 (SB 5) introduced by State Senators Jim Beall and Mike McGuire before the Board of Supervisors adopts a formal vote on the bill. SB 5 seeks to address the housing crisis in Santa Clara County by establishing an Affordable Housing and Community Development Investment Program in the state government and allow local governments to apply for funding. County Counsel should carefully review the bills language and reach out to the bill’s author (s) within one week, to further discuss the legislation and its intent.


According to the fact sheet created by Senator Bealls office, this bill allows local governments to collaborate on state approved redevelopment plans, which would be funded by reducing their contributions to local Education Revenue Augmentation Funds (ERAFs). Funding can be used for the following five purposes: (1) affordable housing, (2) transit-oriented development, (3) infill development, (4) revitalizing and restoring neighborhoods, and (5) planning for sea level rise. The funding mechanism will allow local governments that have opted-in and have an approved project plan to receive a reduction of their ERAF contribution. This bill will commit at least $1 billion in ongoing state funding and will ensure schools are held harmless to meet the Prop 98 guarantee. At a minimum, 50% of the program’s funding must be used to construct workforce and affordable housing. The bill also creates a Sustainable Investment Incentive Committee to review and approve or disapprove proposed projects. The Committee will be comprised of individuals appointed by the Legislature and the Governor. Each applicant that has received financing pursuant to the program for any fiscal year shall provide a report to the Committee. The Committee will provide oversight of the funds and will be responsible for providing an annual report on program outputs to the Joint Legislative Budget Committee.



Meeting History

Aug 13, 2019 9:30 AM Video Board of Supervisors Regular Meeting

Supervisor Ellenberg requested that Administration provide an analysis relating to potential impacts of Senate Bill 5 (SB 5) on school districts and public education.

President Simitian requested that Administration provide an analysis relating to potential impacts of SB 5 on County residents.

MOVER:Dave Cortese, Supervisor
SECONDER:Cindy Chavez, Vice President
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg
ABSTAIN:S. Joseph Simitian