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Resolution 2014-05RESOLUTION NO. 2014-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING THE CALIFORNIA STATE LEGISLATURE TO ENACT RESTRICTIONS ON PAYDAY LOANS WHEREAS, nearly 1.7 million California households patronize payday lenders annually, paying more than $540 million in fees alone; and WHEREAS, each of the four existing payday lending outlets in the city of Gilroy takes in over $922,000 in excessive fees annually, creating an annual negative impact on our local economy of over $218,000; and WHEREAS, seventeen (17) states and the District of Columbia have acted to limit payday lending, including eleven (11) which have banned the usurious practice entirely; and WHEREAS, high -cost payday loans harm low- to moderate - income borrowers, women and African- Americans and Latinos disproportionately; and WHEREAS, research indicates that payday lenders concentrate most heavily in these neighborhoods even after accounting for income, neighborhood type, education and a host of other factors; and WHEREAS, the payday lending business model is fundamentally flawed by design, as it virtually guarantees repeat borrowing while claiming that loans are for one -time, emergency use; and WHEREAS, payday lenders flout basic tenets of responsible lending by making loans without verifying a borrower's ability to repay that loan and simultaneously cover other expenses; and WHEREAS, the Department of Defense has stated that payday lending practices have proven to be detrimental to service members who have used these loans to meet immediate cash needs, and has suggested working toward state statutes to limit the practice; and RESOLUTION NO. 2014-05 2 WHEREAS, the Consumer Financial Protection Bureau has stated that payday loans "raise substantial consumer protection concerns," particularly because borrowers can get caught in an extended "cycle of high -cost borrowing "; and WHEREAS, despite the actions of other states and the federal government, the California Legislature has refused to enact a 36 percent rate cap on these products; and WHEREAS, SB 515 (Jackson) would address the "debt trap" aspects of payday loans by enacting an annual loan cap, requiring basic underwriting standards, and extending the minimum loan repayment terms. NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Gilroy supports legislation to restrict the proliferation of payday lending businesses in the State of California, and requests the California Legislature to pass SB 515 or similar legislation that may be proposed during the upcoming legislative cycle. BE IT FURTHER RESOLVED that the City Council requests that the Mayor diligently pursue this matter with the Gilroy legislative delegation. PASSED AND ADOPTED this 6b day of January 2014 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AULMAN APPROVED: Ct Donald Gage, Mayor ATTES G as Freels, City Clerk 4813- 7224 -7MI RESOLUTION NO. 2014-05 MVAKHARIA104706002 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -05 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of January, 2014, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of Clerk of the City of Gilroy (Seal) 4.