Housing, Land Use and Transportation 07/12/2013
Housing
AB 1229 (Atkins) – Support
As Introduced on February 22, 2013
AB 1229, by Assembly Member Toni Atkins, would restore an
essential tool to counties for planning and providing their fair
share of the housing need for lower-income residents in the
state. Specifically, the measure restores a county’s ability to
establish inclusionary zoning programs.
Counties have always had the authority to adopt local
inclusionary housing ordinances. However, in a 2009 appellate
court decision, Palmer/Sixth Street Properties L.P. v. City of
Los Angeles, 175 Cal. App. 4th 1396 (2009), the courts took a
very broad interpretation of the Costa-Hawkins Act and its
application on inclusionary housing ordinances, eliminating a
city or county’s authority to require inclusionary housing.
Costa-Hawkins was intended to restrict systems of rent control,
not preclude rent restrictions on inclusionary housing.
The state is still facing a shortage of decent rental housing
affordable to low-income Californians. It is critical that
counties be able to establish proactive programs to help provide
safe, clean, and affordable housing statewide to meet the
critical demand.
AB 1229 was passed out of the Senate Transportation and Housing
Committee on July 3 by a vote of 6 to 5.
Land Use
AB 116 (Bocanegra) – Support
As Enrolled on July 2, 2013
AB 116, by Assembly Member Raul Bocanegra, would 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.
AB 116 was passed by the entire Senate and now awaits action by
the Governor.
AB 683 (Mullin) – Support
As Amended on May 16, 2013
AB 683, by Assembly Member Kevin Mullin, would authorize a city
or county to specially assess any fines or penalties not paid
after demand by the city or county against the owner of real
property whom owes fines or penalties. The fines and penalties
may be collected at the same time and in the same manner as
regularly county taxes thereby avoiding additional time consuming
and costly new procedures. Finally, the measure would also
authorize a local agency to appoint a hearing officer to hear and
decide issues regarding ordinance violations and the imposition
of administrative fines and penalties.
Local agencies can have code enforcement violation cases drag on
for years. The changes proposed by AB 683 would provide cities
and counties an additional tool for recouping fines and penalties
owed to the local agency and streamlines the existing code
enforcement process.
AB 683 was passed out of the Senate Governance and Finance
Committee on July 3 by a vote of 5 to 2. The measure now awaits
action on the Senate Floor.
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 was passed by the entire Senate on July 8. The measure is
awaiting enrollment to the Governor.
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 was passed out of the Assembly Appropriations Committee on
July 3 with a unanimous vote. The measure now awaits action on
the Assembly Floor.
Transportation
AB 14 (Lowenthal) – Support
As Amended on May 6, 2013
AB 14, by Assembly Member Bonnie Lowenthal, would require the
Transportation Agency (Agency) to convene a Freight Advisory
Committee to assist with the development of a State Freight Plan
that guides the immediate and long-range planning activities and
capital investments for the movement of freight.
AB 14 requires the Freight Advisory Committee to consist of a
broad group of stakeholders including representatives of ports,
shippers, carriers, freight industry associations and workforce,
state departments and commissions, environmental, safety, and
community organizations, and local governments. As owners and
operators of a significant share of the State’s surface
transportation network, which the freight industry and the people
of California rely on for the movement of goods, CSAC offers our
technical expertise, practical experience, and policy support to
you, the Agency, and the Freight Advisory Committee in this
endeavor.
With every aspect of the State’s transportation network
underfunded and in need of new revenues, it is critical that the
transportation community develop plans to protect and improve our
existing infrastructure and employ new technologies and
strategies for the most efficient and effective movement of
freight and use of the transportation system.
AB 14 is awaiting action on the Senate Floor.
AB 755 (Ammiano) – Oppose
As Introduced on February 21, 2013
AB 755, by Assembly Member Tom Ammiano, would require a city or
county to take into consideration the need for a suicide barrier
during the planning process for a bridge reconstruction or
construction project in order to be eligible for specified
federal and state funds. Unfortunately, we find that the measure
is unnecessary as cities and counties already consider the need
for infrastructure type suicide barriers on the reconstruction
and new construction of local bridges, would actually create a
new liability should this bill be enacted, and puts in jeopardy
transportation funding critical to many other local
infrastructure projects and programs.
AB 755 was passed out of the Senate Transportation and Housing
Committee on July 3 with unanimous support. The author did accept
amendments in committee that remove the funding connection to
specific state and federal funds and provides an implementable
approach to considering the need for suicide barriers on local
bridges which removes some of our concerns. Unfortunately, the
amendments did not address our concerns regarding liability so we
remain opposed at this time but will continue to work with the
author’s office to address the liability concern.
The measure now awaits a hearing in the Senate Appropriations
Committee.