AgdaPkt 2005-09-26 - Laserfiche WebLink

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9�' � • When the court determines that it is not an equitable response to the action of the public agency. • When the agency's decision related to housing was taken in an effort to comply with other state or federal laws and policies affecting land use. • When a good faith misinterpretation of the law has occurred. • When the plaintiff has not incurred a significant financial burden. • When an undue burden would be imposed upon the taxpayer. Unfortunately, we were unable to reach agreement on any narrowing of the broad attorney fee language in the bill. Hurrlcane Katr/na Continued hom Page 1 Legal Issues As cities ponder how to provide help, they must also bear in mind that there are legal restrictions in California on the degree to which cities and other public entities can make their resources available to communities other than their own. Some city attomeys believe that such acts of compassion can be legally justified under theories of mutual aid, since the prospect of reciprocated assistance constitutes a benefit that then flows back to the giving city's taxpayers. The key is to consult with your city's attomey before making any decision regarding the use of public resources to assist victims of Hurricane Katrina. State Efforts The League is working with Gov. Amold Schwarzenegger's office, and the state Office of Emergency Services (OES). The Federal Emergency Management Association (FEMA) is focusing on what communities in California and elsewhere can do to support evacuees by providing longer term housing and assistance — not merely the standard emergency sheltering typically established for short-term disaster needs. OES and the Govemor's Office are contacting cities and counties to assess local capability and availabiliry of resources. Initial plans called for approximately 1,000 evacuees to be flown to San Diego, San Francisco and San Jose, where they woutd receive immediate shetter and assistance. Other California cities and counties were also contacted by the governor's office and asked to prepare for evacuees. Plans changed, however, when FEMA informed the Governor's Office and OES that many evacuees were reluctant to travel so far from their homes. At this writing, OES regions are conducting daily conference calls to report to cities and counties on the status of Califomia aid efforts, and answer questions about ways that cities can help. For a listing of OES regions, please visit the OES website at www.oes.ca.gov. The state emphasizes two kev points on helain� evacuees: Coordination is Critical. Points of contact include county OES offices and tocal Red Cross organizations. The evacuees will need a range of services, from short- and long-term housing, to medical care and social services, to schooling for their children. For a listing of OES regions, please visit the OES website at www.oes.ca.gov. Evacuees Must be Registered to be Eligible for Federal Financial Assistance. If you know of evacuees who have come to your city, put them in touch with your local Red Cross office, so 6