AgdaPkt 2005-09-26 - Laserfiche WebLink

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9�I- �� Legislative Bill Action ............................................................... 48 hours. Staff: Liisa Lawson Stark/Dan Carrigg; legislation provides a number of clarifying Status: Governor's Desk; Position: Request for changes to existing law affecting the down Signature. zoning of residential property, the League is opposing the measure based upon language AB 453 (Benoit) Grade Separation Projects. added in the Senate, that extends a sunset date Increases the period, from one year to finro years, of a controversial attomey's fees provision of the within which a local agency must promise to begin statute from January 1, 2007, to January 1, 2009. a grade separation project (to separate a roadway The League originally opposed this language from a railroad crossing) and complete related pre- when it was added by AB 2292 (Dutra), Chapter construction activities before it can receive a grade 706, of 2002. separation project allocation from the California Transportation Commission (CTC). Staff: Liisa This attorney fee language is much broader Lawson Stark/Dan Carrigg; Status: Governor's than the standard attomey fee provision estab- Desk; Position: Request for Signature. lished by Section 1021.5 of the Code of Civil Procedure, and tilts the balance too far in the SB 275 (Torlakson) Transportation Needs direction of plaintiffs at the expense of local Assessment. Requires the California Transporta- taxpayers. In short, it offers attomey's fees to tion Commission (CTC), working with the Depart- whomever can successfully sue a local jurisdic- ment of Transportation (DOT), regional planning tion over the down zoning of residential property. agencies, cities and counties to complete a 10-year Although some may believe that local community needs assessment of the state's transportation interests should always bend to the agenda for system and to subsequently submit an assess- higher densities, there are many legitimate ment every 10 years. Staff: Liisa Lawson Stark/ instances when changing or reducing the zoning Dan Carrigg; Status: Governor's Desk; Position: of residential properly is necessary for infrastruc- Request for Signature. ture, environmental or other reasons. SB 719 (Romero) Police Vehicle Pursuits. Moreover, the request for zoning changes Narrows the available immunity for public entities often comes from the property owner. For a that employ peace officers when a third party is sample "Veto" letter please go to injured or killed in a collision with a person fleeing www.cacities.orq/billsearch and type AB 712. from peace officer pursuits. Such entities receive StafF: Dan Carrigg Status: Governor's Desk; immunity if they 1) have adopted and promulgated Position: Request For Veto. a policy for safe conduct of motor vehicle pursuits that meet minimum state standards, and 2) provide AB 1227 (Torrico) Attorney's Fees: Hous regular and periodic training for their officers re- ing Discrimination: This measure authorizes garding safe pursuits. attorneys fees to be awarded to a broad range of local govemments who are litigated against This bill also increases criminal penalties for under a housing discrimination provision. While willfully fleeing or attempting to evade police pursuit the bill was narrowed during the last week of in a motor vehicle. Staff: Liisa Lawson Stark/Dan session, the attorney fee language remains Carrigg; Status: Governor's Desk; Position: overbroad. This language has become an Request for Signature. unstudied precedent that is being applied to land use. HOUSING AND LAND USE The League offered several amendments to AB 712 (Canciamilla): Down Zoning Resi- the author, in an effort to clarify circumstances dential Property: Attorneys Fees. While this when �.w�ou�not be appropriate for local agen- Cont on P age 7 PAGE 6/PRIORITY FOCUS Visit the League's Official Website -- www.cacities.org