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Legislative Bill Action ................................................................ AB 3050 would make cities and counties share in Committee. Detailed information AB 2951 is avail- the state's liability for damages due to flooding for able on the League's website. areas that were once either open space or agricul- turalland, but were rezoned for residential develop- Staff: Yvonne Hunter; Status: Pending in ment. SenLGov; Position: Support. As a result of a court case (the 2003 Paterno v: ADMINISTRATIVE SERVICES State of California decision, which held the state responsible for paying nearly $500 million in dam- SB 1179 (Morrow). Skateboarding. City ages for flooding caused by a breach in a levee for Liability. SB 1179 passed the Senate unanimously which the state had responsibility), the state is this week with no opposition. As amended, it would attempting to find ways to share its liability. It is change the age threshold from age 14 to age 12 under the misguided perception that cities and that provides limited immunity to public agencies for counties that approve housing development in injuries to skateboarders performing a trick, stunt ways that are consistent with existing state and or luge in a skatepark. federal law should somehow also liable be for damages, even if the city or county does not own, It would also extend the sunset date for this operate or have any other responsibility for the limited liability by four years - from 2008 to 2012. levee. Since the Consumer Attorneys of California (the Trial Lawyers) have removed their opposition and Interestingly, AB 3050 was amended this week are now neutral, it appears that SB 1179 will move to add the following statement: "Nothing in this along smoothly. Cities with skateparks should subdivision shall be construed to prevent a local send letters of support to the author, their assembly public entity from approving new housing develop- members and members of the Assembly Judiciary ments in a previously undeveloped area." "Noth- Committee. ing," perhaps, except the threat of a lawsuit and financial exposure. Remember, while the bill may Staff: Yvonne Hunter; Status: Pending in be dead, the issue of requiring cities and counties AsmJud; Position: Support. to share in the liability is very much alive. Staff: Yvonne Hunter; Status: Failed in Assem- WANT TO SEND A LEITER IN bly; Position: Oppose. SUPPORT OF A LEAGUE POSITION? AB 2951 (Goldberg). Municipal Utilities. HERE'S WHO TO CALL: Capital Facilities Fees. AB 2951 passed the Assembly this week. It would clarify existing law ASSEMBLY JUDICIARY-(9)-Jones regarding capital facilities fees for municipal water, (Chair), Harman (Vice Chair), Evans, Haynes, electric and waste water utilities and whether such Laird, Leslie, Levine, Lieber, and Montanez. fees apply to other public agencies. AB 2951 is Chief Counsel: Drew Liebert. Counsel: Kevin drafted to protect all rate payers and would prevent Baker, Leora Gershenzon, Manuel Valencia, cost-shifting in monthly rates from public agencies Tom Clark. Secretaries: Cindy Fischer, Saba to residential and commercial customers. AB 2951 Hashmat. 1020 N Street, Room 104. Phone: is the third attempt by Assemblymember Goldberg (916) 319-2334. to address this topic. SENATE LOCAL GOVERNMENT -(5)- The League appreciates her willingness to Kehoe (Chair), Cox (Vice-Chair), Ackerman, tackle this complicated subject and her leadership. Machado, and Torlakson. Consultants: Peter Cities with any type of municipal utility should be Detwiler and Brian Weinberger. Assistant: Elvia sure to send letters of support to the author, their Diaz. Phone: (916) 651-4115. Room: 410. Senator and to the Senate Local Government PAGE 8 . PRIORITY FOCUS Visit the league's Official Website..www.cacities.org June 2, 2006 . Issue #22 ---~.,~""..,...~..,",-, ..."._-,