Land Use

AB 116 (Bocanegra) – Support 
As Amended on May 16, 2013
 
AB 116, by Assembly Member Raul Bocanegra, as amended, would now provide an automatic 24-month extension for subdivision maps that were approved on or after January 1, 2000 and have not yet expired. For maps approved before January 1, 2000 (maps over 13 years old), the subdivider will follow the following local process for approval of the extension:

• The subdivider will be required to file an application with the local agency at least 90 days prior to the expiration of the map.
• If the local agency determines that the map is consistent with applicable zoning and general plan requirements in effect when the application is filed, the time at which the map expires will be extended by 24 months.
• If the local agency determines that the map is not consistent with applicable zoning and general plan requirements in effect when the application is filed, the agency may deny or conditionally approve a 24-month extension.
• Upon application, the map will automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last.
• If the advisory agency denies a subdivider’s application for an extension, the subdivider would be allowed to appeal to the legislative body within 15 days after the advisory agency has denied the extension. 

CSAC is appreciative of the willingness of the author, staff and supporters of this measure to work with us on these amendments.  The changes will provide a balanced process to evaluate these antiquated maps that had received previous automatic map extensions — many of these maps have not been reviewed by the local agency or community in over 20 years.  The new review process will also ensure these oldest maps are consistent with the many general plan and zoning changes that have been made since these automatic extensions first began in the 1990’s. 
 
AB 116 was passed out of the Senate Governance and Finance Committee on June 5 by a unanimous vote. The measure is now awaiting a hearing before the Senate Appropriations Committee. 
 
 AB 743 (Logue) – Support
As Amended on April 3, 2013
 
AB 743, by Assembly member Dan Logue, would eliminate the sunset date on existing authority afforded to Local Agency Formation Commissions (LAFCOs) to annex unincorporated islands – pieces of unincorporated county territory surrounded entirely by a municipality – into a local government entity. 
 
The ability for an expedited process to annex unincorporated islands is critical for LAFCOs to be able to continue their work of making local government more effective in the delivery of services to residents across the state. A recent survey indicates that fifty-four percent of LAFCOs would benefit from more time to continue to annex unincorporated islands. For these reasons, CSAC supports AB 743.      
 
AB 743 was passed out of the Senate Governance and Finance Committee on June 5 by a unanimous vote. The measure now awaits action on the Senate Floor. 
 
SB 33 (Wolk) – Support
As Amended on March 6, 2013
 
SB 33, by Senator Lois Wolk, would amend state law governing Infrastructure Financing Districts (IFDs) to provide an improved mechanism to deliver much-needed infrastructure projects and create jobs in California. SB 33 would, among other things, eliminate the two-thirds vote requirement to establish an IFD, remove the two-thirds vote requirement to issue IFD-associated bonds, extend the life of IFDs from thirty to forty years, expand the eligible projects to include transit priority projects consistent with a Sustainable Communities Strategy, and would allow IFDs to locate in former redevelopment areas.
 
IFDs allow the reallocation of existing tax revenues to improve a designated area and specifically allows local governments to use their property tax increment to pay for public works projects. Current law, which requires a two-thirds voter approval to create an IFD, unnecessarily discourages local governments from using this creative option to fund much needed infrastructure projects. SB 33 still requires approval of every affected taxing jurisdiction including the City Council or Board of Supervisors to approve a plan for the IFD thus making it a public process that allows for community input into the program. 
 
Given the fact that there has been a significant underinvestment in transportation infrastructure across the state over the past few decades and that the major sources of transportation funding are no longer sufficient to maintain our current system, let alone modernize it, SB 33 offers an much-needed solution to allow local governments more flexibility to make transportation investments in their communities.
 
SB 33 is set for hearing before the Assembly Local Government Committee on June 12.

Public Works Administration

AB 195 (Hall) – Co-Sponsor
As Amended on May 20, 2013
 
AB 195, by Assembly Member Isadore Hall, would extend the sunset date on existing design-build authority granted to counties until July 1, 2016. 
 
Approximately nine counties have used the design-build method for project delivery for a variety of projects ranging from parking facilities to parks and recreation projects to fire stations. Counties and tax payers in general, benefit from the use of design-build authority due to cost savings produced by this method of project delivery. Furthermore, given the continued difficult economic times across the State, local agencies need maximum flexibility to delivery projects based on their expertise in choosing the right delivery method.
 
AB 195 is scheduled for a hearing before the Senate Governance and Finance Committee on June 12.  
 
SB 328 (Knight) – Support
As Amended on April 9, 2013
 
SB 328 by Senator Stephen Knight, would, until January 1, 2021, allow a county, with approval of the Board of Supervisors, to use construction manager at-risk construction contracts for erecting, constructing, altering, repairing, or improving buildings owned or leased by the county.  Eligible public works projects would cost in excess of $1 million and the measure would allow a county to award the construction manager at-risk construction contract using either the lowest responsible bidder or best value method.
 
A construction manager at-risk contract is a competitively procured contract with an entity that guarantees the cost of a project and furnishes construction management services, including, but not limited to, preparation and coordination of bid packages, scheduling, cost control, value engineering, evaluation, preconstruction services and construction administration. The construction manager at-risk is a tool afforded other public entities such as cities, the courts, and the university system. It is a well-tested alternative which combines elements of the design-bid-build and design-build methods and allows the owner of a project to retain a construction manager who provides pre-construction services during the design period and becomes the general contractor during the construction process. 
 
Local agencies need maximum flexibility to delivery projects based on their expertise in choosing the right delivery method. This bill would provide counties another tool in the project delivery toolbox and increases the ability for counties to use their expertise and discretion to choose the best method for delivering large public works projects. Counties and tax payers in general benefit from the cost-savings associated with the use of construction manager at-risk procurement method. 
 
SB 328 is set for hearing before the Assembly Local Government Committee on June 12.