AgdaPkt 2006-08-28 - Laserfiche WebLink

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9A 581322 Continued from Page 1... Page 19 What This BlII Does This bill would contine local agency discretion in three main ways: . It adds 'special needs facilities. to the anti-NIMBY law, which limits the extent to which local agencies can deny or condition a project. Particularly critical here Is the limitation on local agencies ability to place reasonable conditions on the project that are related to unique site concerns. There are a lot of impacts and safety issues associated with the operation of larger special needs facilities and tocal agencies need to retain the discretion to address these as they arise. . The bill is currently amended to allow potential users of emergency shelters to sue under the anti-NIMBY law and if successful, win attorneys fees. The league understands, however, that the author has argued, and the Assembly Local Government Committee has agreed, that this provision should have been extended to all special care facilities, including social rehabilitation and adult day program facilities. As a result, the bill will be amended shortly to reflect this change. . The bill amends the housing element to require local agencies to zone land by-right for emergency shelters and transitional housing. This is a little backwards from the current housing element process. where local agencies get the chance to make a plan, then if it does not comply with the housing element. the local agency must live with by-right zoning until the element is in compliance. Instead, SB 1322 will require by-right zoning at the outset on the threat of by-right zoning. Request for Letters, Contact Your Legislator S8 1322 will come up in the Assembly Appropriations Committee next week. Given its likely fiscal impact, it is expected to be placed in the Suspense File. Assuming the bill moves out of the Suspense File, the next opportunity to address this issue will be on the Floor of the Assembly and then the Senate. The League is requesting that local officials contact their legislators and register their opposition to this bill. The League's letter and a sample form letter are available by looking up S8 1322 using the League's website bill search function - www.cacities.org/billsearch. H.R. 5252 Continued from Page 1... As a result, all national municipal groups, the National Conference of State Legislatures and the National Governor's Association continue to oppose the bill. While Sen.Ted Stevens (R-Alaska) continues to come up short of the 60 votes needed to bring it to the floor, municipalities need to keep the pressure on their senators during the current recess, as the phone companies are working hard on the other side. The League and many national groups continue to analyze the 287 page bill. For those who would like to read it, the bill can be found at www.cacities.orQ/telecom. Below is a quick summary of the August 4 draft of H.R. 5252, courtesy of Varnum Law; The bill purports to abrogate existing cable franchises issued by municipalities or states (by altowing the current cable company to get the new national franchise which "supercede{s] the existing franchise agreement" as soon as B competing provider starts providing service). The bill nationalizes cable franchising by requiring the Federal Communications Commission (FCC) to issue a standard franchise application whose use by municipalities is mandatory. Municipalities "must grant" such applications within 90 days of receipt. and failure to do so leads 2 -