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ACA 30 from page 1 ............... SB 1330 from page 1 . . . . . . . . . . . . . . It is no secret that California's levee system is Sens. Dunn, Escutia and Kuehl voted "aye," in a dismal state. Existing levees need upgrades while Sens. Morrow and Ackerman voted "nay." and ongoing maintenance for the communities that are already behind them. Agriculture levees SB 1330 contains various attorney fee provi- need upgrades before urbanization can proceed sions that collectively expand the range of plain- behind them. In addition, once the upgrades are tiffs that can collect attorney fees against local completed, the levees require ongoing mainte- agencies under three separate housing laws. nance and repairs. Under existing law, the code of civil procedure Statewide Impacts from Levee Failures Section 1021.5 already provides that low-income housing advocates can recover attorney fees It is important to recognize that levee failures in against public agencies. This bill would further the Sacramento-San Joaquin River delta have expand these provisions to developers, which will water quality, water supply and economic state- lead to efforts to intimidate local decision makers, wide impacts beyond the local or regional levee resulting in poor land use decisions and sprawl. break situation. For example, fresh water from the An effective case has not been made for exposing Sierra Nevada flows through the delta to pumps local tax dollars to attorneys representing develop- and then into millions of homes in Southern ers in much higher tax brackets, who may be California, providing water for over 23 million building up to 1,000 housing units nationwide. people. Thus, cities throughout California should request its passage. Governor's Veto Message from Last Year ACA 30 passed the Assembly Local Govern- The language is this measure is similar in ment Committee this week and will go straight to some respects, more expansive in others, to the Assembly Floor. As a constitutional amend- language contained in bills that were vetoed last ment, ACA 30 will require a two-thirds vote to year by the Governor: AB 712 (Canciamilla) and move on to the Senate - meaning that it will AB 1227 (Torrico). require Republican support to pass. With the recent passage of the package of infrastructure In his veto message on AB 712, the Governor bonds - including one to address in part levee expressed his concerns that such efforts would problems - the Legislature and Administration took not assist housing affordability in our state: a major step forward to address California's lagging infrastructure needs. "Our local government partners have an important role and tremendous responsibilities in Passage of ACA 30 is another piece of the the process. Providing incentives for third parties infrastructure puzzle. The ability of local agencies, to sue local governments over housing decisions, not only in the delta area, but elsewhere in the as provided in this bill, is inappropriate and does state, to raise revenue to improve levee operations not build any additional housing. The threat of and maintenance will be facilitated with ACA 30. lawsuits diminishes flexibility and creativity when Depending upon when ACA 30 passes the Legisla- designing a community, and lawsuits divert ture, it would be on the next general election ballot valuable tax dollars that could be used by local - perhaps as early as this November, or in June governments. " 2008. In his veto message onAB 1227, the Governor All cities should contact their Assembly Mem- stated his concerns with the attorney fee lan- bers to indicate their support of ACA 30 and to guage: request an "aye" vote. Continued on Page 8 Visit the League's Official Websiteuwww.cacities.org PRIORITY FOCUS - PAGE 7 May 12, 2006 - Issue #19 .~.~.- .. .~._..___.____,.... ..._.______ "".~'~~"""__'~'___.'__~_~__'...'_'.M_