Housing, Land Use and Transportation 07/12/2013
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.
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
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.
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.