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AgdaPkt 2008-07-28 Clsd and Reg
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AgdaPkt 2008-07-28 Clsd and Reg
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Last modified
11/4/2008 10:49:01 AM
Creation date
7/24/2008 4:07:39 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
7/28/2008
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<br />9A <br />Page 6 <br /> <br />AB 1033 (Caballero): Provides cities an additional tool to stem gang violence by creating a <br />misdemeanor charge for any persons whose actions, or lack there of, contribute to a minor becoming <br />part of a criminal street gang. {Support} <br />Bill location: Senate Third Reading <br /> <br />AB 2262 (Tomco): Allows cities to designate fire agencies as child safe surrender sites for children <br />seven days old or younger. (Support) <br />Billlocatlon: Senate Appropriations Committee - Suspense File <br /> <br />AB 2151 (Jones): Increases city authority in the transfer or renewal request process, under the <br />Department of Alcoholic Beverage Control, of an alcoholic beverage license if it will contribute to blight <br />or if the request Is for a license within a redevelopment area. (Support) <br />Bill location: Senate Third Reading <br /> <br />SB 1519 (Yee): Provides cities the authority to tenninate telephone services used to promote or <br />conduct business of unlicensed taxi cabs within their jurisdiction. (Support) <br />Bill location: Assembly Third Reading <br /> <br />Transportation <br /> <br />AB 642 (Wolk): Allows cities to use design-build contracting for building construction projects as well <br />as wastewater facilities, solid waste management facilities, or water recycling facilities for more <br />efficient, cost-effective public works projects. (Support) <br />Bill location: Senate Appropriations Committee <br /> <br />AB 983 (Ma): Requires cities to provide full, complete, and accurate plans, including cost-estimates on <br />all public works projects. which would reduce incentives for contractors to report errors in plans during <br />bidding because additional ex'penses could be recouped through change-order claims against the <br />public agency. (Oppose) <br />Bill location: Assembly Judiciary Committee <br /> <br />Supreme Court Finds Open Space Assessment Violates Proposition 218 <br /> <br />The California Supreme Court earlier this week struck down an assessment to fund future open space <br />acquisitions. In doing so, the court found that the Santa Clara County Open Space Authority (OSA) <br />had not demonstrated a special benefit to the assessed property, and the amounts assessed were not <br />proportional to any special benefItS that the assessed property may receive. <br /> <br />There are potentially far-reaching impacts with this decision. This case demonstrates the importance <br />of a properly drafted assessment engineer's report that accurately specifies the special benefit to each <br />assessed property, and correctly assesses each property in proportion to the special benefit to each <br />property. <br /> <br />The court emphasized that a general enhancement of property values in the community is by definition <br />not a special benefit. It also aiticized Santa Clara's OSA for determining the amount of the <br />assessment based on what property owners would likely be willing to pay, and then determining an <br />annual spending budget based on what the likely assessment would generate in revenues. <br /> <br />As one commentator on this case notes: "Thus, great care will now be required in drafting engineers' <br />reports for such assessments and legal review of those reports is essential." <br /> <br />The case is Silicon Valfey Taxpayers Association v. San Clara County Open Space Authority. <br /> <br />6 <br />
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