AgdaPkt 2002-09-09 - Laserfiche WebLink

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' ASSEMBLY MEMBER LOWENTr. IAL STATEMENT from page7 last month that included all the supporters of SB $300,000 to $1.2 million depending on the size of 910 and I stated that was my position. The lan- the community. guage offered in these amendments makes the standard truly silent. These amendments have Supporters of this bill have argued the fine deleted any reference that could be construed to amounts are too Iow. They say local governments require a writ if mandate, or deferential standard to would rather pay the fine than comply. Based on one side or the other. Under these amendments the comments I have received from local govern- either party may argue to the court, and the court ments, I don't anticipate that fines will be so may decide what the apprepdate standard of casually ignored. Just prior to this hearing, local review shall be. governments from various jurisdictions have pleaded with me to lower the fines and cut the In review of this language, I do not feel this caps. allows local governments to avoid their legal requirement to comply with the law. If, indeed, Again I'll renew my commitment: if these fines locals continue to ignore their obligation to comply do not have the desired impact, I will work with with the housing element, they will lose in court. Senator Dunn and anyone else to revise this fine Furthermore, I have made a commitment to schedule or whatever else it takes to make sure Senator Dunn that I would be willing to revisit these the local govemments follow the law. and any other issue in the future to increase enforcement standards. Court Discretion Recision of Certification My amendments also contain, in several places, changes that allow the court to exercise This issue addresses the need to enforce the discretion in imposing fines and penalties. Let me commitments made by Ioca! governments in their make clear that these amendments do not take housing element, l agree that local govemments away the abllity of the court to levy fines~but it should be held to their commitments and prom- does allow the court to consider all the facts and ises. However, given the vast number of details in mitigating circumstances before levying fines. a housing element - some major, some minor - it I am committed to fairness in this process. I needs to be clear what specifically can trigger a believe that, for the most part, the Department of recision of compliance. Housing does a great job. Julie Bomstein is my friend and I greatly respect the work done by The language contained in these amendments HCD. However, in the course of human activity requires HCD to provide a written document that people do make mistakes. Administrations articulates the criteria on which compliance was change and policy direction changes. Therefore, based. Under this provision the local govern- not allowing courts to exercise discretion and ments are given notice that they must follow consider mitigating circumstances is simply not through on those specific items, otherwise they acceptable. may be deemed to have fallen out of compliance and may be subject to fines. Providing such a Conclusion document is a simple matter of fairness. It is my earnest desire to pass this bill with Penalty Provisions these amendments. These amendments are not intended to allow local governments to ignore their These amendments set fines at a reasonable ol)ligation to provide for adequate building sites, amount, albeit lower than what supporters of SB but to ensure that this new, highly unusual process 910 initially sought. We set the fines at 2O cents is done fairly. I simply cannot support this blll per capita per month, with caps that range from without these amendments. PAGE 8/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org