CC - Item 4K - Legislative Positions•
O
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGER
DATE: APRIL 10, 2007 ~~~(((fff///
SUBJECT: LEGISLATIVE POSITIONS - SB 266, SIB 964, SIB 303, SB 286
SUMMARY
Recently, we have received requests from the League of California Cities (League) to take official
positions on several pieces of legislation. Those measures include the following:
SB 266 (Steinberg) - Vehicle Forfeiture (Attachment A)
Bill Summary
SB 266 is being sponsored by the League. If
governments with an additional tool to combat
forfeiture for those engaging in such an activity.
approved, the measure will provide local
-illegal street racing by allowing vehicle
League Position
Support
SB 964 (Romero) - Local Agencies (Attachment B)
Bill Summary
SB 964 is a measure that proposes to make changes to the Brown Act. If approved, the
measure would prohibit staff members - including the City Manager and the City Attorney -
from having serial communications with any member of the City Council.
League Position
Oppose
SB 303 (Ducheny) - Local Land Use (Attachment C)
Bill Summary
SB 303 is legislation that would make major modifications to land use practices in
California. The measure mirrors last year's SB 1800, a piece of legislation that was also
opposed by the League.
League Position
Oppose
APPROVED FOR CITY COUNCIL AGENDA:
• .o
City Council Report
April 24, 2007
Pace 2 of 3
SB 286 (Lowenthal & Dutton) - Transportation Bonds. Implementation. (Attachment D)
Bill Summary
SB 286 is a measure which includes a League-drafted formula for the accelerated
distribution of $2 billion in local street and road funds contained in Proposition 1 B for cities
and counties.
League Position
Support
Staff Recommendation
Staff recommends that the City Council take the following action:
• Support SB 266 (Steinberg)
• Oppose SB 964 (Romero)
• Oppose SB 303 (Ducheny)
• Support SB 286 (Lowenthal & Dutton)
ANALYSIS
Senate Bill 266
SB 266, which is co-sponsored by the City of Elk Grove and the League of California Cities, seeks
to provide local governments with an additional tool to combat illegal street racing by allowing
vehicle forfeiture for those engaging in this dangerous activity.
Currently, neither cities nor counties can declare vehicles used in speed contests as a nuisance
subject to forfeiture. SB 266 fixes that problem. Additionally, SB 266 allows for release of a
vehicle used in a street race to an innocent registered owner or community property interest owner.
The League has requested that the City support this measure.
Senate Bill 303
If approved, SB 303 would require a 10-year land supply to be zoned for housing with all
residential sites made available and zoned immediately at the time the housing element is
adopted. Furthermore, the measure will require local agencies to analyze each site in its housing
inventory to ensure that the size, configuration, current use, physical and environmental
constraints, access, location, and adjacent use will realistically accommodate the proposed density
on the parcel. In addition, SB 303 creates a one dimensional planning model that ignores other
critical elements needed to support new development, such as water, roadways, sewer, schools
and other public services and facilities.
The League has requested that the City oppose this measure.
O O
City Council Report
Apri124, 2007
Page 3 of 3
Senate Bill 964
In its current form, SB 964 aim to prevent a council member from seeking any information from
staff, consultants or the city attorney with respect to any matter that is on or might be on an
agenda.
The League has requested that the City oppose this measure.
Senate Bill 286
SB 286 guarantees that every city will receive at least half of their Proposition 1 B funds to spend in
the next two fiscal years. In addition, SB 286 provides that a city may receive up to the entire
amount of its share of Proposition 1 B funds in the next two fiscal years if the ability to spend the
funds is demonstrated. In addition, every city is guaranteed at least $400,000 in the first two years
of the program. SB 286 allocates any remaining funds (funds not spent in 2007-08 and 2008-09)
to cities no later than January 1, 2010 for fiscal years 2009-10 and 2010-11.
The League has requested that the City support this measure.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
C --CA--
Oliver Chi
Deputy City Manager
Attachment A: Senate Bill 266
Attachment B: Senate Bill 964
Attachment C: Senate Bill 303
Attachment D: Senate Bill 286
• o
AMENDED IN SENATE APRIL 11, 2007
SENATE BILL No. 266
Introduced by Senator Steinberg
(Principal coauthor: Senator Cox)
(Coauthors: Assembly Members Gaines and Wolk)
February 15, 2007
.
An act to amend Section 23 109 _v and to add n__.:__ 231093 .
repeal and add Section 231091 ofthe Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
S13 266, as amended, Steinberg. Motor vehicle speed contest:
forfeiture.
Existing law, as of January 1, 2007, allows a peace officer to arrest
and take into custody a person that a peace officer determines was
engaged in a motor vehicle speed contest and permits the peace officer
to cause the removal and seizure of the motor vehicle used in the contest,
in accordance with specifiedstatutoryprocedures. A vehicle impounded
under these provisions is required to be impounded for not more than
30 days, with specked exceptions. Existing law permits the release of
the motor vehicle prior to the end of the impoundment period in specified
circumstances. The registered owner or his or her agent is responsible
for, among other things, all towing and storage charges related to the
impoundment and any authorized administrative charges, except under
specified circumstances.
This bill would extend those provisions to persons engaged in reckless
driving on a highway, reckless driving in an offstreet parking facility,
or an exhibition of speed on a highway. It would require the impounding
agency to release the vehicle to the registered owner prior to the
conclusion of the impoundment period if the registered owner was
98
SB 266 -2-
neither the driver nor a passenger in the vehicle at the tune of the
alleged violation, or was unaware that the vehicle was being used to
engage in the prohibited activities. In a care where the defendant has
two or more convictions o/'engaging in a speed contest, the court would
be authorized, upon the motion of the prosecutor or the county counsel
in a criminal action, to declare a vehicle used by the defendant in a
speed contest to be a nuisance, and upon conviction order the vehicle
sold, if the defendant is the registered owner, except in a specified
circmnstance.
Existing
d
thi
h
di
i
d
ld b
et attorney un
er
s p
Beeause t
e eounty
str
roce
ure wott
e
S
i
i
i
t
bli
h
d
f~
l
i
th
t
i
b
t
tatt
toFy prov
s
ons es
a
s
pfeee
ures
r ma
e
ng
a
re
m
ursemen
.
for these easts shall be made purstiant to these Statutory
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: Nes no.
The people of the State of California do enact as follows:
I SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) Public safety professionals have confirmed that illegal speed
4 contests and exhibitions of speed pose a real and serious threat to
5 the health and safety of the public, interfere with pedestrian and
6 vehicular traffic, create a public nuisance, and interfere with the
7 right of individuals and businesses to enjoy the use of their
8 properties.
9 (b) Public health and safety are enhanced when illegal speed
10 contests and exhibitions of speed are discouraged and prevented
I l by the enactment of local ordinances that seek to impose forfeiture
98
•
►.J
-3- SB 266
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
of vehicles used in these events as a penalty for illegal motor
vehicle speed contests and exhibitions of speed.
(c) California state law does not expressly authorize cities or
counties to enact local ordinances that impose vehicle forfeiture
as a penalty for illegal motor vehicle speed contests and exhibitions
of speed.
(d) By providing cities and counties with the flexibility in state
law to impose the penalty of motor vehicle forfeiture for illegal
motor vehicle speed contests and exhibitions of speed, this act will
enhance public safety and facilitate local control of local speed
contest-related problems.
SFG., Seetion 23 i 09 ofthe NleL:e'e Codes amended tore
~
2~199. (a) A person shall not engage irt a motorvehiele speed
l
l
h
F
-
i
i
d
i
ll-
F thi
t
a e
oe
t, or ot
e
i
i
h
ee.
or pm
p
r f
nt
ng
ev
h
6
i
oses o
s see
,
f
event
n wh
e
t
e
route o
more
il
i
I
I
i
hi
d
l
d
d
h
20 m
es
s mea
i
f- VV
LL,ll, L
ll oe
sure
,
e
e
oes not exeee
t
e
speed l
ntits, is
b
A
not a speed eontest.
h
ll
t
id
b
t i
hi
i
4
t
(
)
pefson
eontest on any h
s
a
no
a
of a
e
n a
ighwtty-
er ve
e
e spee
ny mo
hi
l
hibiti
f
d
hi
h
ve
e
e ex
o
n o
spee
att any
g
wt
rf,
dollars ot by both that fine and imprisontnent. That
vehiele suspended for 99 days to six manths, as proyided in
pamgraph (8) oF subdivision (a) of Section 13352. The pe
privilege to operate a motor vehiele may be resirieted f~r 90 days
to six menths to neeessaFy travel to and ftom that persen4-~
98
C
SB 266
-4-
u
'
i
i
perform the dtities ofthe person
s
h
F
l
'
eted to dr
ving
employment, restr
bdi
i
i
d
t
Thi
in t
at person
s seope o
ernp
oy
~
f
i
h
h
v
s
on
oes no
ment.
s su
i
t
b
ti
e eourt
s power
inter
ere w
t
t
ease.
n a JUIIA VII.
on
to gan
pro
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
imprisonment in a eounty jail for not less than 30 days nof more
than six months or by a fine afnat less thatt five htttidFed dollars
(S500) nof more than one thousamid doilars (SI,000), of by both
that fine and
not less than 30 days nof more than six montits and by a fine o
not less than five hundred dollars (S590) . e than otte
thousand dallafs (S 1,000).
98
/I
(a), that person shall be pttnished by imprisonment in a eottnfy-jv4
for not less than fottr days nor more than six niontits, a id by a fitte
of not less than five hundred dollars ($500) nor more tha!i one
thousand dolittis ($1,000).
(2) if the perpeiftt6on of the mest reeent offense vvithin the
drivet, et person eotivieted oF that seeond violation shall be
imprisoned in the st I I . unty jail for not less than
30 days nor more than one year, and by a fine ofnot less than five
hundm-eel dollars (S-500) tior more than omie thousand dollars
for a period of six nionths, as provided paragaph (9)-4
•
-5-
SB 266
0
I
if
i
i
i
t
f
2 employment and,
dr
v
ng
s ne
a
eessary
o per
orm
'
i
l
d
d
i
i
i
l
s em
3 the duties of the person
oyment, resti
ete
p
iat
to
r
v
ng
n i
4
'
person
s seope
.
bdi
hi
i
i
d
f
i
l
i
t'
h
v
5 (5) T
s se
s
on
oe
nter
ere w
t
i
s not
e eattr
s powef
t
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
23 109.4 and, ifa person is eativieted offt violation ofsubdi,,
eotitity jttil f~r not more than 90 days, by a fine of tta! more than
98
probation that the person be eonfitted in tt eounty jaR finr not less
than 48 ~o nor m--- than months. The eottrt hall order °'e
• •
SB 266 -6-
h
b
i
i
d
d
h
l
t
d
f
l
an
1
e
mpr
sone
ott
ays ot
er t
d
i
d b
h
ar emp
oymen
0
ays o
regu
2 the person, as
eterm
ne
~ t
e
.
hi
i
h
ll b
k
d
, b
i
d
h
L
3 T
s seet
on s
a
e
nowit
e e
te
as t
e
o
an
ma)
i
231
3 i
dd
S
9
~
V
hi
l
G
d
a.
c
-
- th
d t
mon
s a
eetccnr-r-is
$
c. v.
.
0
e
e
o
e
w e
o ieua.
vv
e vcuic coat,
e
o
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
the vehiele the persomi used in that violation is fegisiered to him
or Hef.
this seetion shall qne'ttde ft PFOVisiatt establishing that the vehiele
the time of the impoundment by a person oiher than the driver,
lieense, the vehiele shall be released to that registered owner or to
the eommunity property interest ownef upon eomplitmee with A
owner submits proof that he.or she, or att authefized dfiver, i~
properly liectised and that the 'MIFOU!Ided veltiele is properly
and any administrative charges au
222-8593 are paid.
d
h
Th
i
thorized pursttant to Seetion
i
t
t
it
t
stere
owner or t
e
(D)
e reg
i
i
l
d
hi
l
l
n
eres
commun
y proper
y
ib
d
d
owner s
gns a st
pu
ate
ve
e
e re
i
eser
e
ease apeement, as
in subparagraph (F), in eansiderm
o
Thi
li
l
h4
l
h,
t
n for the nonforfeiture of the
if th
d
i
t
l
s requ
app
es on
ve
e
e.
emen
„Otte _._L:.J_
F
A
i
l
t
d
hi
l
l
y
ver reques
e
r
s fe
ease
t
h
ll
id
f
fl
(
)
st
pti
a
e
ve
e
e re
ease a
t
f th
i
m
t
t
th
t
greemen
s
a
prov
e
or
ie
ti
fut
fi
f
it
d
eonsen
o
e s
g
ia
of
o
e au
oma
e
ure
~)P
e
ttre an
98
•
- 7.-
SB 266
I person,
transfer oftitle to the state ofany vehiele registered it) that 2
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
h
di
ithi
i
10 d
f
(B) T
e
ng agener, w
mpoun
n
ay
s o
ll
requested, t
legal and registered ovviter
o a
s oFthe veh
iele,
i
addresses o
btained From the Departmen
t of Motor
Vei
eles,
shall also inelude iristittetions fi)r filing a elairn with the distriet
attomey, and the time limits f;jr filing a eittim. The noiiee shall
also inform any legal ownerofits right to eenduet the sitle pursuatit
h
ft
ih
id
d b
thi
b
i
d
b
ti
i
paragrap
, a
tf
er tt
e prov
e
y
s su
Fequ
re
to
o
ee
s
l
awnem wjthiji 10 working da
not sent to the lega
f
h
ll
h
l
l
i
di
y~,~
th
owner
oF mo
ng ageney s
a
not e
ttrge a
ega
mpoun
d
d
h
l
l
1
d
f i
re
an
th
owner re
ee
mpottn
ment w
en a
ega
5
ays o
ms
e
98
day the agreement is signed.
(3) (A) The impounding agene)-, in the ettse ofa vehiele
has not been released pursuant to paragraph (2), or that has not
beemi othefwise released, shall promptly ttseet4ain from the
•
SB 266
5
6
7
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-g-
(F) The burden of proof in the eivil ease shall be ott the
paragraph (2) and is s
b
ld
ubsequently forfeited puisuant to t
a
i
d b
d
f f
f
i
his seetion
h
di
t
i
t
oftee a
shall
e so
F
h
s
ssue
y i
n or
e
o
or
e
tute
h
i
di
f
e
s
r
e
th
e comit
attorney o
t
t
e
mpoun
ng agency or a eo
y o
ttrt, as
e
ettse may be, pursua
nt to pai agraph (3)-
(5) A legal owner
who is tt motor vehiele dealet-, ba
nk, e
i
legally operat
ng in t
his state, or the agent ofthat legal o
wmier, may
98
tteeordattee with instruetions C the eatto, and .I'e eouFt shall
hear the matteF withotti delay. The eotto filing fee of ia, hundred
dollan ($100) shall be paid by the elainiani, but shall be reimbursed
(F) All Fight, title, ttaid kiterest in !he vehiele shall vest in
0 •
-9- S B 266
d
h
h
i
i
h
i
ll
e manner, an
on t
e
I eondueted at t
e t
me,
n t
mot
ce usna
y
2
d
h
b
m
hi
b
i
b
paragrap
may
e presente
3 pursua
it to t
s su
n persmi,
y
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
to the ;e.
SEG. 4. ifthe Gemmission on State Mandates detefmimies that
this aet contains easts mandated by the state, reimbursement to
purstiant to Part 7 (eommeneing with Seetion 17500) of Division
n _CTitle 2 of the Government !`_.1_
SEC. 2. Section 23109.2 of the Vehicle Code is repealed.
was engaged in a motor vehicle speed eontest, as deseribed in
subdivision (a) of Seetion 23109, the peaee offieer may
immediately arrest and take into ettsfody that person and may eatise
the renioN,al and seizure oFthe ,ehiele used in that motor
eontest
98
•
SB 266
-10-
h
l
i
f
h
i
d
fi
i
i
d-
-
e eone
us
on o
t
e
mpoun
ment per
(9) i
, pr
or to t
:
:
di
i
'
d
5
o
,
a
i
i
l
ss-
sm
tin
er Seetio 40
00
o- notiee is
m
na
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
d
h
l
l
f
h
hi
l
h
l
l
be release
to t
e
own
ega
e v
er o
t
e
e
e, or t
e
ega
o
agent, on or before the 39t
following eonditions ate me
h dtty oF
t.
imipottndm
etit iF all of the
1
Th
l
l
i
hi
l
t
d
l
-
b
k
dit
(
)
e
ega
owiter
s a m
or ve
e
o
e
ea
er
,
a
n
, ere
,
i
i
ng in this s
legally opeFat
tate, or
s anothef
pefson, not Oie
(2) Notwithstanding parttgraph (I if the person eon
i
i
t
hi
l
d
t
t
t
th
victed-of
i
d-b
engag
ng
n a mo
or ve
e
e spee
eon
es
was no
ttu
l
d
or
xt
T
the registered owner of the motor ve
i
ele to operate t
he motor
order the eonvieted person to Feiffiburse the registered
owner for
d
i
d
h
l
t
d t
th
i
t
d
mpoun
tuty tow
ng an
storage e
ttrges fe
a
e
o
e
any administrative eharges authoriped under Seetion
men
, an
22850.5
98
(3) The legttl owner or the legtil owner's tigent pFesents
vehiele.
•
-u- SB266
1
l
h
f
i
t
d d
t h
th
d
h
h
mi
ess t
e eourt
i
ll
ili
e person eonv
e
e
oes no
ave
e
n
s t
at t
f
h
h
-
o
2
ab
ty to pay a
r part o
f
ose e
nTes
3
4
5 and storafte L
the ttid ent and any
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
SEC. 3. Section 23109.2 is added to the vehicle Code, to read:
23109.2. (a) (1) Whenever a peace officer determines that a
person was engaged in any of the activities sel forth in paragraph
(2), the peace officer may immediately arrest and take into custody
that person and may cause the removal and seizure of the motor
vehicle used in that gf/ense in accordance with Chapter 10
(commencing with Section 22650). A motor vehicle so seized may
be impounded for not more than 30 days.
(2) (A) A motor vehicle speed contest, as described in
subdivision (a) of Section 23109.
(B) Reckless driving on a highway, as described in subdivision
(a) of Section 23103.
(C) Reckless driving in an o(fstreel parkingfacility, as described
in subdivision (b) of Section 23103.
(D) Exhibition of speed on a highway, as described in
subdivision (c) of Section 23109.
98
•
SB 266
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
-12-
•
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of
the storage in accordance with Section 22852.
(c) (1) Notwithstanding Chapter 10 (commencing with Section
22650) or any other provision of law, an impounding agency shall
release a motor vehicle to the registered owner or his or her agent
prior to the conclusion of the impoundment period described in
subdivision (a) under any of the following circumstances:
(A) If the vehicle is a stolen vehicle.
(B) If the person alleged to have been engaged in the motor
vehicle speed contest, as described in subdivision (a), was not
authorized by the registered owner of the motor vehicle to operate
the motor vehicle at the time of the commission of the offense.
(C) 1f the registered owner of the vehicle was neither the driver
nor a passenger of the vehicle at the time of the alleged violation
pursuant to subdivision (a), at- was unaware that the driver was
using the vehicle to engage in any of the activities described in
subdivision (a).
(D) If the legal owner or registered owner of the vehicle is a
rental car agency.
(E) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal
charges are notfiled by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
(2) A vehicle shall be released pursuant to this subdivision only
if the registered owner or his or her agent presents a currently
valid driver's license to operate the vehicle and proof ofcurrent
vehicle registration, or if ordered by a coml.
(3) If, pursuant to subparagraph (E) of paragraph (l) a motor
vehicle it released prior to the conclusion of the impoundment
period, neither the person charged with a violation ofsubdivision
(a) of Section 23109 nor the registered owner of the motor vehicle
is responsible for towing and storage charges nor shall the motor
vehicle be sold to satisfy those charges.
(d) A vehicle seized and removed under subdivision (a) shall
be released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of impoundment if all of the
following conditions are met:
98
• 9
-13- SB 266
1 (1) The legal owner is a motor vehicle dealer, bank, credit union,
2 acceptance corporation, or other licensed financial institution
3 legally operating in this state, or is another person, not the
4 registered owner, holding a security interest in the vehicle.
5 (2) The legal owner or the legal owner's agent pays all towing
6 and storage fees related to the impoundment of the vehicle. No
7 lien sale processing fees shall be changed to a legal owner who
8 redeems the vehicle on or before the 15th day of impoundment.
9 (3) The legal owner or the legal owner's agent presents
10 foreclosure documents or an affidavit of repossession for the
11 vehicle.
12 (e) (1) The registered owner or his or her agent is responsible
13 for all towing and storage charges related to the impoundment,
14 and any administrative charges authorized underSection 22850.5.
15 (2) Notwithstanding paragraph (1), if the person convicted of
16 engaging in the activities set forth in paragraph (2) ofsubdivision
17 (a) was not authorized by the registered owner of the motor vehicle
18 to operate the motor vehicle at the lime of the commission of the
19 offense, the court shall order the convicted person to reimburse
20 the registered owner for any towing and storage charges related
21 to the impoundment, and any administrative charges authorized
22 under Section 22850.5 incurred by the registered owner to obtain
23 possession of the vehicle, unless the court funds that the person
24 convicted does not have the ability to pay all or part of those
25 charges.
26 (3) If the vehicle is a rental vehicle, the rental car agency may
27 require the person to whom the vehicle was rented to pay all towing
28 and storage charges related to the impoundment and any
29 administrative charges authorized under Section 22850.5 that
30 were incurred by the rental car agency in connection with
31 obtaining possession of the vehicle.
32 (4) The owner is not liable for anv lowing and storage charges
33 related to the impoundment if acquittal or dismissal occurs.
34 (5) The vehicle may not be sold prior to the defendant's
35 conviction.
36 (6) The impounding agency is responsible for the actual costs
37 incurred by the towing agency as a result of the impoundment
38 should the registered owner be absolved of liability for those
39 changes pursuant to paragraph (3) of subdivision (c).
40 Notwithstanding this provision, nothing shall prohibit impounding
98
0
SB 266
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
-14-
agencies from making prior payment arrangements to satisfy this
requirement.
(j) Any period when a vehicle is subjected to storage under this
section shall be included as part of the period of impoundment
ordered by the court under subdivision (h) of Section 23109.
(g) (1) Notwithstanding Section 86 of the Code of Civil
Procedure and any other provision of law otherwise prescribing
the jurisdiction of the court based upon the value of the property
involved, whenever a person, who has two or mote prior
convictions of Section 23109 or 23109. 1, for speed contest, the
court with jurisdiction over the offense may, upon a motion of the
prosecutor or the county counsel in a criminal action, declare a
motor vehicle if used by the defendant in the commission of the
violation, to be a nuisance, and upon conviction order the vehicle
sold pursuant to Section 23596, if the defendant is the registered
owner of the vehicle.
(2) The proceeds of the sale of the vehicle pursuant to this
subdivision shall be distributed and used in decreasing order of
priority, as follows:
(A) To satisfy all costs of the sale, including costs incurred with
respect to the taking and keeping of the vehicle pending sale.
(B) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of the sale,
including accrued interest or finance charges and delinquency
charges.
(C) To recover the costs made, incurred, or associated with the
enforcement of this section, the abatement of the nuisance, and
the deterrence ofspeed contest.
(3) A vehicle shall not be sold pursuant to this subdivision if
there is a community property interest in the vehicle that is owned
by a person other than the defendant and the vehicle is the only
vehicle available to the defendant's immediate family that may be
operated on the highway with a class A, class B, or class C driver's
license.
O
98
• •
AMENDED IN SENATE APRIL 9, 2007
AMENDED IN SENATE MARCH 29. 2007
SENATE BILL No. 964
Introduced by Senator Romero
February 23, 2007
An act to amend Seetions 54952.2 and 54957.5 Section 54952.2 of,
and to add Section 54963.1 to, the Government Code, relating to local
agencies.
LEGISLATIVE COUNSEL'S DIGEST
SB 964, as amended, Romero. Local agencies.
The Ralph M. Brown Act requires that all meetings of a legislative
body of a local agency be open and public and all persons be permitted
to attend unless a closed session is authorized. The act prohibits any
use of direct communication, personal intermediaries, or technological
devices that is employed by a majority of the members of the legislative
body to develop a collective concurrence as to action to be taken on an
item, with an exception for an authorized teleconference.
This bill would prohibit any use of technological devices to conduct
a meeting of a legislative body among members who are in different
locations. It also would prohibit any use of substantive serial
communications by members of a legislative body of a local agency,
or by any officer, employee, consultant, or designee of the members of
the legislative body or of the local agency, to conduct deliberations, as
defined, by a majority of the members of that legislative body.
The California Public Records Act requires state and local agencies
to make their records available for public inspection and to make copies
available upon request and payment of a fee unless they arc exempt
from disclosure. The Ralph M. Brown Act provides that, notwithstanding
97
SB 964 - 2 -
0
any other provision of law, agendas of public meetings and any other
writings, when distributed to all, or a majority of all, of the members
of a legislative body of a local agency by any person in connection with
a matter subject to discussion or consideration at a public meeting of
the body, are disclosable public records under the California Public
Records Act unless exempt from disclosure under that act. The Ralph
M. Brown Act requires that these writings be made available for public
inspection at the meeting if prepared by the local agency or a member
of its legislative body, or after the meeting if prepared by some other
person.
no event later than the tiffle the meeting eommettees when the members
ofa legislative body ofa local agency are authorized to access a writing
of the body or of the agency as permitted by law in the administration
of their duties, the local agency shall not discriminate between or among
any of those members as to which writing or portion thereof is made
available or when it is made available, and shall not charge any of
those members a fee to inspect or obtain a copy of that writing.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
I SECTION 1. Section 54952.2 of the Government Code is
2 amended to read:
3 54952.2. (a) As used in this chapter, "meeting" includes any
4 congregation of a majority of the members of a legislative body
5 at the same time and place to hear, discuss, or deliberate upon any
6 item that is within the subject matter jurisdiction of the legislative
7 body or the local agency to which it pertains.
97
This bill would provide that, notwithstanding any other provision of
law, till members afa legislative body ofn laeal ageney shall have an
0
-3- SB964
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
(b) (1)Except as authorized pursuant to Section 54953, any use
of technological devices to conduct a meeting ofa legislative body
among members who arc in different locations is prohibited.
(2) Any use of substantive serial communications by members
of a legislative body of a local agency, or by any officer, employee,
consultant, or designee of the members of the legislative body or
of the local agency, to conduct deliberations by a majority of the
members of that legislative body is prohibited. For this purpose,
deliberations include, but arc not limited to, both of the following:
(A) Any communication that advances or clarifies a member's
understanding of an issue, facilitates an agreement or compromise
among members on an issue, or advances the ultimate resolution
of an issue.
(B) Any communication of information that is not otherwise
part of the agenda packet for a publicly noticed meeting of the
legislative body if that information relates to an item on an agenda
for a meeting of the legislative body, or is likely to be placed upon
an agenda of a meeting in the near future. Deliberations do not
include communication of information that relates solely to the
time and place of meetings, travel arrangements, delivery of
meeting materials, or similar procedural matters.
(c) Nothing in this section shall impose the requirements of this
chapter upon any of the following:
(1) Individual contacts or conversations between a member of
a legislative body and any other person that do not violate
subdivision (b).
(2) The attendance of a majority of the members of a legislative
body at a conference or similar gathering open to the public that
involves a discussion of issues of general interest to the public or
to public agencies of the type represented by the legislative body,
provided that a majority of the members do not discuss among
themselves, other than as part of the scheduled program, business
of a specified nature that is within the subject matter jurisdiction
of the local agency. Nothing in this paragraph is intended to allow
members of the public free admission to a conference or similar
gathering at which the organizers have required other participants
or registrants to pay fees or charges as a condition of attendance.
(3) The attendance ofa majority of the members of a legislative
body at an open and publicized meeting organized to address a
topic of local community concern by a person or organization other
•
97
• s
SB 964 -4-
I than the local agency, provided that a majority of the members do
2 not discuss among themselves, other than as part of the scheduled
3 program, business of a specific nature that is within the subject
4 matter jurisdiction of the legislative body of the local agency.
5 (4) The attendance of a majority of the members of a legislative
6 body at an open and noticed meeting of another body of the local
7 agency, or at an open and noticed meeting of a legislative body of
8 another local agency, provided that a majority of the members do
9 not discuss among themselves, other than as part of the scheduled
10 meeting, business of a specific nature that is within the subject
I 1 matter jurisdiction of the legislative body of the local agency.
12 (5) The attendance of a majority of the members of a legislative
13 body at a purely social or ceremonial occasion, provided that a
14 majority of the members do not discuss among themselves business
15 ofa specific nature that is within the subject matter jurisdiction of
16 the legislative body of the local agency.
17 (6) The attendance of a majority of the members of a legislative
18 body at an open and noticed meeting of a standing committee of
19 that body, provided that the members of the legislative body who
20 arc not members of the standing committee attend only as
21 observers.
22 cz-~cc4ivir`~"95-7.5-oFfhe Govern :neni code is arnenaacaa
23 to read!
24 54957.5. (a) Notwithstanding Seetion 6M5 or any other
25 pro~'isiotts oF la"-, agendas of publie meetings and an),
26 writings, when distributed by any pefsoft to all, or a majority-of
27 all, of the rtiearibeFs of a legislative body of a loettl age
29
30
31 Seetion 6250) 49ivision 7 oFT-rtle 1), and shall be made available
32 upon request without delay. However-, thi~ seetion sliallnot ineltide
33 any writing exempt from publie diselosure under Seetion ,
34 6254, 62547 or 6254.22.
35 (b) Writings that are publie reeords under subdivision (a~~
36 that are distributed during a public meeting shall be made awkilable
37
38 oramembefoHtsle 'slative body, or after the tneeting if prepared
39 by sonfle other perZ. These writings shall be made availtibletift
40 appfopriate ttlterna6ye f;jfrnttts upon request by a person with a
97
• •
-5- SB964
i
ili
i
d b
S
i
ith
-202
F th
A
i
d
sab
ty, as requ
re
y
f
eams "
o
e
mer
eet
on
Disabilities Aet o
1999 2
i
d
d
'
d
l
i
U.S.G. See. and the federal
i
i
l
i
th
f
at
ons a
opte
I
d
iegu
es an
i
thi
h
i
N
hi
n
mp
ementat
on
ereo
;
d t
v
t th
h
ll b
t
n
s e
ap
e
(e)
ot
ng
o pfe
en
e
r s
a
e eong
rue
7
fC _ 202
i
fth
A
i
l
F
A _
4h Di biliti
f
8
mer
etuis
o
e
v
a
at
on
12132
d
h
f
d
S
e
o
m
l
l
d
l
ti
9
10
an
t
e
e
era
ee.
1990 (42 U.S.G.
adopted in implemeniation .
AM!
b
t
d
i
d
hi
is
rti
es an
regu
a
o
it
d
l
t
li
II
not
e eons
rue
on
(
) T
s seet
tn
oF
e
ay
o
12
13
14
hi
h
1
N
hi
i
l
i
i
7
f Ti
ll b
t
d
t
h
15
n t
s e
ap
ot
ng
t
e
Div
s
on
o
l
l
i
l
i
l
i
b
d
f
a
e eons
rue
er s
id
t
l
16
a
oea
age
re a
eg
s
at
ve
o
y o
to requ
i
i
h
id
d
i
aee any pa
ney
o p
17
not
ee
ii am
sement or any ot
er pa
a
vert
y .
18
h
l
h
i
i
I i
d
f
19
ng t
at re
ates to any matter on t
e
any wI
t
l
b
d
f th
t l
4
h
l
i
l
i
agen
a o
a ni
-
th
iti
h
ll
20
aefi
ageney
ve
o
y o
a
t
e
eg
s
at
b
l
i
l
d
il
bl
ll
f
h
e wr
,
ng s
a
ti
b
d
m th
ti
21
mem
efs o
eg
s
ma
e ava
a
e to a
t
e
if th
d
ifi
i
t
h
d
i
t
me
a
ve
o
y
e
t th
t ti
b
t i
22
23
e wr
,
ng ex
s
s a
t
e agen
a
s pos
e
event laier than the time the meeting
th
d t
SEG
4
o
54
63
1 i
dd
n ne)
a
me,
u
.
t c
d
i
G
24
25
eetion
o
e
.
.
9
.
s a
e
read''
ifl
di
S
i
N
6
1
overnmen
e,
v
o
5
th
6252
26
otw
istan
ng
eet
on
. (a)
549
3.
.
of any &
ef
27
28
h
f
l
i
i
l
i
im
f
h
l
29
30
amess to any
g
t o
sha
l have art equa
r
ageney.
oca
w,
t
ig o
t
at
31
32
l
i
l
i
b
d
f
i
b
m
f
bt
i
t
33
34
eg
s
at
ve
o
y any
ee to
any mem
e
o
a
of its writings.
hi
i
i
i
f
or o
a
n e
nspee
t
i
d
fi
d
35
36
37
38
39
40
pursuait
t
s seet
on, a wr
t
ng
s
e
ne
(e) Fe! purposes o
to subdivision (g) ofSeetian .
SF.C. 2. Section 54963.1 is added to the Government Code, to
read:
54963.1. (a) Notwithstanding Section 6252.5 or any other
provision oflaw, when the members ofa legislative body ofa local
97
•
SB 964 - 6 -
agency are authorized to access a writing of the body or of the
agency as permitted by law in the administration of their duties,
the local agency shall not discriminate between or among any of
those members as to which writing or portion thereof is made
available or when it is made available, and shall not charge any
of those members a fee to inspect or obtain a copy of that writing.
(b) For purposes of this section, a writing is defined pursuant
to subdivision (g) of Section 6252.
O
97
AMENDED IN SENATE APRIL 10, 2007
AMENDED IN SENATE MARCH 22, 2007
SENATE BILL
No. 303
0
Introduced by Senator Ducheny
February 16, 2007
An act to amend Sections 65301, 65582, 65583, 65583.2, and 65860
of, to add Sections 65300.1, 65583.3, 65588.2, and 65588.3 to, and to
repeal and add Section 65588 of, the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
S13 303, as amended, Ducheny. Local government: housing.
(1) Existing law, the Planning and Zoning Law, governs the authority
for and scope of general plans for local governments.
This bill would state the findings of the Legislature regarding the
availability and cost of housing throughout the state.
(2) Existing law requires each county and city to adopt a
comprehensive, long-term general plan for the physical development
of the county or city that addresses a number of elements, as specified.
Existing law provides that the general plan may be adopted as a single
document or as a group of documents relating to subjects or geographic
segments of the planning area.
This bill would require the general plan, and each of its elements to
encompass a planning and projection period of at least 20 years, except
for the housing element, and would require each element, except for
the housing element, to be updated at least every 10 years. This bill
would require the housing clement to be updated, as specified.
(3) Existing law, defines various terms in relation to housing
elements.
97
SB 303 -2-
This bill would define "regional housing need" and "existing and
projected housing need" to mean the minimum amount of housing
needed over the next 10-year period.
(4) Existing law requires the housing clement of a general plan to
identify and analyze various elements, and include a statement of the
community's goals, quantified objectives, and policies relative to the
maintenance, preservation, improvement, and development of housing.
This bill would require the statement be relative to the maintenance,
preservation, improvement, and development of housing for extremely
low, very low, low- and moderate-income households, and for any.
special housing needs, as specified.
Existing law provides that where the total housing needs identified
exceed available resources and the community's ability to satisfy the
need within the content of the general plan requirements, as specified,
the quantified objectives must establish the maximum number of housing
units by income category that can be constructed, rehabilitated, and
conserved over a 5-year period.
This bill would, instead, require the quantified objectives to estimate
the maximum number of housing units for specified categories that can
be constructed, rehabilitated, and conserved over a 10-year period.
Existing law requires the housing element to include, among other
things, a program that sets forth a 5-year schedule for actions the local
government is undertaking, or intends to undertake to implement the
policies and achieve the goals and objectives of the housing element,
as specified. The program adopted must, among other requirements,
identify actions that will be taken to make sites available during the
planning period of the general plan, as specified.
This bill would, instead, require the program to identify sites to
facilitate and encourage the development of a variety of types of housing
for all income levels, as specified, identify policies and incentives to
promote infill development and the efficient uses of land, and to both,
remove the constraints to, and provide reasonable accommodations for,
specified housing for persons with disabilities, as specified.
(5) Existing law requires the housing element of a general plan to
include an inventory of sites that can be developed for housing within
the planning period to accommodate that portion of a city's or county's
share of the regional housing need for all income levels, as specified,
and requires the city or county to provide an analysis demonstrating
how the adopted densities accommodate its share of the regional housing
97
-3- S B 303
•
need for lower income households or meet specified densities to
accommodate housing for lower income households.
This bill would delete the option to provide an analysis demonstrating
how the adopted densities accommodate the city's or county's share of
the regional housing need for lower income households and would,
instead, require cities and counties to meet the specified densities to
accommodate housing for lower income households.
(6) Existing law requires the housing element of a general plan to
include an inventory of sites that can be developed for housing within
the planning period to accommodate that portion of a city's or county's
share of the regional housing need for all income levels, as specified.
This bill would require the city council or county board of supervisors
to designate and zone sites for residential use to accommodate the
jurisdiction's 10-year housing need and make findings regarding the
designation and zoning, as specified. The bill would also require the
city or county to approve projects that are consistent with the designation
and zoning on these sites, as specified. The bill would also require that
if the local government has not satisfied these requirements, the
development of affordable housing projects, as defined, on sites
identified pursuant to the inventory of land suitable for residential
development to allow a specified minimum number of units per acre
shall be by "use by right" as that term is defined in these provisions.
By imposing additional duties upon local officials, this bill would create
a state-mandated local program.
(7) Existing law requires each local government to review its housing
elements as frequently as appropriate to evaluate a number of factors,
as specified.
This bill would revise the factors that each local government is
required to evaluate in its review of the housing element and would
require the housing clement to be updated every 5 years. The bill would
also specify the date, not yet determined, that specific groups of local
governments are required to update the housing elements,
notwithstanding the 5-year requirement.
The bill would also provide that the deadlines specified for the
amendment of the housing clement are mandatory and these
modifications are not intended to affect existing law with respect to the
planning, use, or development of areas outside the sites designated and
zoned for residential use to accommodate the jurisdiction's 10-year
housing need.
97
• 0
SB 303 -4-
(8) Existing law requires county and city ordinances to be consistent
with the general plan. For a zoning ordinance to be considered consistent
with a general plan officially adopted by a county or city, the various
land uses authorized by the ordinance must be compatible with the
objectives, policies, general land uses and programs specified in the
general plan. Existing law also authorizes a resident or property owner
within a city or county to bring an action or proceeding to enforce
compliance with these provisions within 90 days of the enactment of
any new zoning ordinance or the amendment of an existing ordinance.
Existing law also applies these provisions to specified charter cities.
This bill would require the county or city zoning ordinances to be
consistent with the general plan of the county or city by the date of the
next housing element update, and thereafter. The bill would revise the
factors required for a zoning ordinance to be considered consistent with
a general plan to include a requirement for residential uses that the
zoning ordinance allows development at the density range specified in
the general plan without the need for any additional land use approval
that is legislative or quasi-legislative in nature.
The bill would authorize a property owner to bring an action to require
that the zoning on its property be made consistent with the general plan
without regard to when the zoning ordinance was adopted or amended.
The bill would also entitle a prevailing petitioner who brought an action
to enforce these provisions to reasonable attorney's fees.
This bill would also declare that these provisions have statewide
implications and would apply these provisions to a charter city, charter
county, and a charter city and county as well as general law cities and
counties.
(9) This bill would make certain declarations concerning the Court
of Appeal decision in Mira Development Corporation of San Diego v.
City of San Diego (1988) 205 Cal.App.3d 1201.
(10) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
97
•
-5- SB 303
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
The people of the State of California do enact ar,follows:
0
SECTION 1. Section 65300.1 is added to the Government
Code, to read:
65300.1. The Legislature finds and declares all of the following:
(a) The lack of housing is a critical problem that threatens the
economic prosperity, environment, and quality of life of California
families.
(b) The supply and cost of housing throughout the state is
inextricably linked to the quantity of suitable and available land
designation and zoned to allow residential development, and for
that reason, designating and zoning land for housing is a matter
of statewide concern.
(c) Local governments shall utilize their land use authority in
a manner that accommodates housing needs while meeting the
objectives for comprehensive planning set forth in Section 65300.
SEC. 2. Section 65301 of the Government Code is amended
to read:
65301. (a) The general plan shall be so prepared that all or
individual elements of it may be adopted by the legislative body,
and so that it may be adopted by the legislative body for all or part
of the territory of the county or city and any other territory outside
its boundaries that in its judgment bears relation to its planning.
The general plan may be adopted in any format deemed appropriate
or convenient by the legislative body, including the combining of
elements. The legislative body may adopt all or part of a plan of
another public agency in satisfaction of all or part of the
requirements of Section 65302 if the plan of the other public
agency is sufficiently detailed and its contents are appropriate, as
determined by the legislative body, for the adopting city or county.
(b) The general plan may be adopted as a single document or
as a group of documents relating to subjects or geographic
segments of the planning area. The general plan; and each of its
elements shall encompass a planning and projection period of not
less than 20 years, except for the housing element, which shall
encompass a planning and projection period consistent with the
regional housing need determined under Section 65584. Each
element shall be updated as necessary not less than every 10 years,
except for the housing element, which shall be updated as provided
in Article 10.6 (commencing with Section 65580).
97
•
SB303 -6-
I (c) The general plan shall address each of the elements specified
2 in Section 65302 to the extent that the subject of the element exists
3 in the planning area. The degree of specificity and level of detail
4 of the discussion of each element shall reflect local conditions and
5 circumstances. However, this section shall not affect the
6 requirements of subdivision (c) of Section 65302, nor be construed
7 to expand or limit the authority of the Department of Housing and
8 Community Development to review housing elements pursuant to
9 Section 65585 or Section 50459 of the Health and Safety Code.
10 (d) The requirements of this section shall apply to charter cities.
11 SEC. 3. Section 65582 of the Government Code is amended
12 to read:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
65582. As used in this article:
(a) "Community," "locality," "local government," or
"jurisdiction" means a city, city'and county, or county.
(b) "Council of governments" means a single or multicounty
council created by a joint powers agreement pursuant to Chapter
5 (commencing with Section 6500) of Division I of Title 1.
(c) "Department" means the Department of Housing and
Community Development.
(d) "Housing clement" or "element" means the housing clement
of the community's general plan, as required pursuant to this article
and subdivision (c) of Section 65302.
(c) "Regional housing need" and "existing and projected housing
need" mean the minimum amount of housing needed over the next
10-year period.
SEC. 4. Section 65583 of the Government Code is amended
to read:
65583. The housing element shall consist of an identification
and analysis of existing and projected housing needs and a
statement of goals, policies, quantified objectives, financial
resources, and scheduled programs for the preservation,
improvement, and development of housing. The housing clement
shall identify adequate sites for housing, including rental housing,
factory-built housing, and mobilehomes, and shall make adequate
provision for the existing and projected needs of all economic
segments of the community. The element shall contain all of the
following:
97
-7- S B 303
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
(a) An assessment of housing needs and an inventory of
resources and constraints relevant to the meeting of these needs.
The assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and
documentation of projections and a quantification of the locality's
existing and projected housing needs for all income levels,
including extremely low income households, as defined in
subdivision (b) of Section 50105 and Section 50106 of the Health
and Safety Code. These existing and projected needs shall include
the locality's share of the regional housing need in accordance
with Section 65584. Local agencies shall calculate the subset of
very low income households allotted under Section 65584 that
qualify as extremely low income households. The local agency
may either use available census data to calculate the percentage
of very low income households that qualify as extremely low
income households or presume that 50 percent of the very low
income households qualify as extremely low income households.
The number of extremely low income households and very low
income households shall equal the jurisdiction's allocation of very
low income households pursuant to Section 65584.
(2) An analysis and documentation of household characteristics,
including level of payment compared to ability to pay, housing
characteristics, including overcrowding, and housing stock
condition.
(3) An inventory of land suitable for residential development,
including vacant sites and sites having potential for redevelopment,
and an analysis of the relationship of zoning and public facilities
and services to these sites, consistent with the requirements of
Section 65583.2.
(4) An analysis of potential and actual governmental constraints
upon the maintenance, improvement, or development of housing
for all income levels, including the types of housing identified in
paragraph (1) of subdivision (c), and for persons with disabilities
as identified in the analysis pursuant to paragraph (6), including
land use controls, building codes and their enforcement, site
improvements, fees and other exactions required of developers,
and local processing and permit procedures. The analysis shall
also demonstrate local efforts to remove governmental constraints
that hinder the locality from meeting its share of the regional
housing need in accordance with Section 65584 and from meeting
97
• •
SB 303
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
-8-
the need for housing for persons with disabilities identified
pursuant to paragraph (6).
(5) An analysis of potential and actual nongovernmental
constraints upon the maintenance, improvement, or development
of housing for all income levels, including the availability of
financing, the price of land, and the cost of construction.
(6) An analysis of any special housing needs, such as those of
the elderly, persons with disabilities, large families, farmworkers,
families with female heads of households, and families and persons
in need of emergency shelter.
(7) An analysis of opportunities for energy conservation with
respect to residential development.
(8) An analysis of existing assisted housing developments that
are eligible to change from low-income housing uses during the
next 10 years due to termination of subsidy contracts, mortgage
prepayment, or expiration of restrictions on use. "Assisted housing
developments," for the purpose of this section, shall mean
multifamily rental housing that receives governmental assistance
under federal programs listed in subdivision (a) of Section
65863.10, state and local multifamily revenue bond programs,
local redevelopment programs, the federal Community
Development Block Grant Program, or local in-lieu fees. "Assisted
housing developments" shall also include multifamily rental units
that were developed pursuant to a local inclusionary housing
program or used to qualify for a density bonus pursuant to Section
65916.
(A) The analysis shall include a listing of each development by
project name and address, the type of governmental assistance
received, the earliest possible date of change from low-income use
and the total number of elderly and nonelderly units that could be
lost from the locality's low-income housing stock in each year
during the 10-year period. For purposes of state and federally
funded projects, the analysis required by this subparagraph need
only contain information available on a statewide basis.
(B) The analysis shall estimate the total cost of producing new
rental housing that is comparable in size and rent levels, to replace
the units that could change from low-income use, and an estimated
cost of preserving the assisted housing developments. This cost
analysis for replacement housing may be done aggregately for
97
0
-9- SB 303
•
I each five-year period and does not have to contain a
2 project-by-project cost estimate.
3 (C) The analysis shall identify public and private nonprofit
4 corporations known to the local government which have legal and
5 managerial capacity to acquire and manage these housing
6 developments.
7 (D) The analysis shall identify and consider the use of all federal,
8 state, and local financing and subsidy programs which can be used
9 to preserve, for lower income households, the assisted housing
10 developments, identified in this paragraph, including, but not
1 I limited to, federal Community Development Block Grant Program
12 funds, tax increment funds received by a redevelopment agency
13 of the community, and administrative fees received by a housing
14 authority operating within the community. In considering the use
15 of these financing and subsidy programs, the analysis shall identify
16 the amounts of funds under each available program which have
17 not been legally obligated for other purposes and which could be
18 available for use in preserving assisted housing developments.
19 (b) (1) A statement of the community's goals, quantified
20 objectives, and policies relative to the maintenance, preservation,
21 improvement, and development of housing for extremely low, very
22 low, low- and moderate-incomc households, and for any. special
23 housing needs identified in paragraph (6) of subdivision (a).
24 (2) It is recognized that the total housing needs identified
25 pursuant to subdivision (a) may exceed available resources and
26 the community's ability to satisfy this need within the content of
27 the general plan requirements outlined in Article 5 (commencing
28 with Section 65300). Under these circumstances, the quantified
29 objectives need not be identical to the total housing needs. The
30 quantified objectives shall estimate the maximum number of
31 housing units for extremely low, very low, low- and
32 moderate-income categories, that can be constructed, rehabilitated,
33 and conserved over a ten-year time period.
34 (c) A program that sets forth a five-year schedule of actions the
35 local government is undertaking or intends to undertake to
36 implement the policies and achieve the goals and objectives of the
37 housing element through the administration of land use and
38 development controls, provision of regulatory concessions and
39 incentives, and the utilization of appropriate federal and state
40 financing and subsidy programs when available and the utilization
97
• 0
SB 303
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
-10-
of moneys in a low- and moderate-income housing fund of an
agency if the locality has established a redevelopment project area
pursuant to the Community Redevelopment Law (Division 24
(commencing with Section 33000) of the Health and Safety Code).
In order to make adequate provision for the housing needs of all
economic segments of the community, the program shall do all of
the following:
(1) (A) Identify sites, as needed, to facilitate and encourage the
development of a variety of types of housing for all income levels,
including multifamily rental housing, factory-built housing,
manufactured homes, housing for agricultural employees,
supportive housing, single-room occupancy units, emergency
shelters, and transitional housing.
(B) Identify policies and incentives to promote infill
development and the efficient use of land, including, but not limited
to, expedited permit processing, modified development standards,
and fee waivers.
(C) Where the inventory of sites pursuant to paragraph (3) of
subdivision (a) does not identify adequate sites to accommodate
the need for farmworkcr housing, the program shall provide for
sufficient sites to meet the need with zoning that permits
farmworkcr housing use by right, including density and
development standards that could accommodate and facilitate the
feasibility of the development of farmworker housing for low- and
very low income households.
(2) Assist in the development of adequate housing to meet the
needs of extremely low, very low, low-, and moderate-income
households.
(3) Address and, where appropriate and legally possible, remove
governmental constraints to the maintenance, improvement, and
development of housing, including housing for all income levels
and housing for persons with disabilities. The program shall remove
constraints to, and provide reasonable accommodations for housing
designed for, intended for occupancy by, or with supportive
services for, persons with disabilities.
(4) Conserve and improve the condition of the existing
affordable housing stock, which may include addressing ways to
mitigate the loss of dwelling units demolished by public or private
action.
97
• 0
-11- SB303
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
(5) Promote housing opportunities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin, color,
familial status, or disability.
(6) Preserve for lower income households the assisted housing
developments identified pursuant to paragraph (8) of subdivision
(a). The program for preservation of the assisted housing
developments shall utilize, to the extent necessary, all available
federal, state, and local financing and subsidy programs identified
in paragraph (8) of subdivision (a), except where a community has
other urgent needs for which alternative funding sources are not
available. The program may include strategies that involve local
regulation and technical assistance,
(7) The program shall include an identification of the agencies
and officials responsible for the implementation of the various
actions and the means by which consistency will be achieved with
other general plan elements and community goals. The local
government shall make a diligent effort to achieve public
participation of all economic segments of the community in the
development of the housing element, and the program shall
describe this effort.
(d) Except as otherwise provided in this article, amendments to
this article that alter the required content of a housing element
shall apply to both of the following:
(1) A housing clement or housing element amendment prepared
pursuant to subdivision (c) of Section 65588 or Section 65584.02,
where a city, county, or city and county submits a first draft to the
department for review pursuant to Section 65585 more than 90
days after the effective date of the amendment to this section.
(2) Any housing element or housing element amendment
prepared pursuant to subdivision (c) of Section 65588 or Section
65584.02, where the city, county, or city and county fails to submit
the first draft to the department before the due date specified in
Section 65588 or 65584.02.
SEC. 5. Section 65583.2 of the Government Code is amended
to read:
65583.2. (a) A city's or county's inventory of land suitable
for residential development pursuant to paragraph (3) of
subdivision (a) of Section 65583 shall be used to identify sites that
can be developed for housing within the planning period and that
are sufficient to provide for the jurisdiction's entire share of the
97
• •
S B 303
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-12-
regional housing need for all income levels pursuant to Section
65584 and to comply with the requirements of Section 65584.09.
As used in this section, "land suitable for residential development"
includes all of the following:
(1) Vacant sites zoned for residential use.
(2) Vacant sites zoned for nonresidential use that allows
residential development.
(3) Residentially zoned sites that are capable of being developed
at a higher density.
(4) Sites zoned for nonresidential use that can be redeveloped
for, and as necessary, rezoned for, residential use.
(b) The inventory of land shall include all of the following:
(1) A listing of properties by parcel number or other unique
reference
(2) The size of each property listed pursuant to paragraph (1),
and the general plan designation and zoning of each property.
(3) For nonvacant sites, a description of the existing use of each
property.
(4) A general description of any environmental constraints to
the development of housing within the jurisdiction, the
documentation for which has been made available to the
jurisdiction. This information need not be identified on a
site-specific basis.
(5) A general description of existing or planned water, scwcr,
and other dry utilities supply, including the availability and access
to distribution facilities. This information need not be identified
on a site-specific basis.
(6) Sites identified as available for housing for above-moderate
income households in areas not served by public sewer systems.
This information need not be identified on a site-specific basis.
(7) A map that shows the location of the sites included in the
inventory, such as the land use map from the jurisdiction's general
plan for reference purposes only.
(c) Based on the information provided in subdivision (b), a city
or county shall determine whether each site in the inventory can
accommodate some portion of its share of the regional housing
need by income level during the planning period, as determined
pursuant to Section 65584. The analysis shall determine whether
the inventory can provide for a variety of types of housing,
.including multifamily rental housing, factory-built housing,
97
• •
-13- SB 303
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
mobilehomes, housing for agricultural employees, emergency
shelters, and transitional housing. The city or county shall
determine the number of housing units that can be accommodated
on each site as follows:
(I ) If local law or regulations require the development of a site
at a minimum density, the department shall accept the planning
agency's calculation of the total housing unit capacity on that site
based on the established minimum density. If the city or county
does not adopt a law or regulations requiring the development of
a site at a minimum density, then it shall demonstrate how the
numbcr of units determined for that site pursuant to this subdivision
will be accommodated.
(2) The number of units calculated pursuant to paragraph (I )
shall be adjusted as necessary, based on the land use controls and
site improvements requirement identified in paragraph (4) of
subdivision (a) of Section 65583.
(3) Sites identified to accommodate housing for lower income
households shall allow densities consistent with the following:
(A) For incorporated cities within nonmetropolitan counties and
for nonmetropolitan counties that have micropolitan areas: sites
allowing at least 15 units per acre.
(B) For unincorporated areas in all nonmetropolitan counties
not included in subparagraph (A): sites allowing at least 10 units
per acre.
(C) For suburban jurisdictions: sites allowing at least 20 units
per acre.
(D) For jurisdictions in metropolitan counties: sites allowing at
least 30 units per acre.
(d) For purposes of this section, metropolitan counties,
nonmetropolitan counties, and nonmetropolitan counties with
micropolitan areas are as determined by the United States Census
Bureau. Nonmetropolitan counties with micropolitan areas include
the following counties: Del Norte, Humboldt, Lake Mendocino,
Nevada, Tchama, and Tuolumne and such other counties as may
be determined by the United States Census Bureau to be
nonmetropolitan counties with micropolitan areas in the future.
(e) A jurisdiction is considered suburban if the jurisdiction does
not meet the requirements of subparagraphs (A) and (B) of
paragraph (3) of subdivision (c) and is located in a Metropolitan
Statistical Area (M SA) of less than 2,000,000 in population, unless
97
0
S B 303
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-14-
that jurisdiction's population is greater than 100,000, in which
case it is considered metropolitan. Counties, not including the City
and County of San Francisco, will be considered suburban unless
they are in a MSA of 2,000,000 or greater in population in which
case they are considered metropolitan.
(Y) A jurisdiction is considered metropolitan if the jurisdiction
does not meet the requirements for "suburban area" above and is
located in a MSA of 2,000,000 or greater in population, unless
that jurisdiction's population is less than 25,000 in which case it
is considered suburban.
(g) For sites described in paragraph (3) of subdivision (b), the
city or county shall specify the additional development potential
for each site within the planning period and shall provide an
explanation of the methodology used to determine the development
potential. The methodology shall consider factors including the
extent to which existing uses may constitute an impediment to
additional residential development, development trends, market
conditions, and regulatory or other incentives or standards to
encourage additional residential development on these sites.
(h) If a local government fails to rezone adequate sites to
accommodate thejurisdiction's share ofthe regional housing need,
as determined under Section 65584, and fails to comply with
Section 65584.09 prior~to the due date for the housing element
pursuant to Section 65588, the remaining sites to be rezoned to
acconunodate the need for housing for extremely low, very low,
and low-income households shall permit owner-occupied and
rental multifamily residential use by right. The zoning and
development standards for these sites shall permit at least 16 units
per site at a density of a/ least 16 units per acre in jurisdictions
described in subparagraphs (A) and (B) of paragraph (3) of
subdivision (c), and at least 20 units per acre in jurisdictions
described in subparagraphs (C) and (D) of paragraph (3) of
subdivision (c). At least 50 percent ofthe very low and low-income
housing need shall be accommodated on sites designated for
residential use and for which nonresidential uses or mixed uses
are not permitted
(4t)
(i) For purposes of this section and Section 65583, the phrase
"use by right" shall mean that the local government's review of
the owner-occupied or multifamily residential use may not require
97
• 0
-15- SB 303
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
a conditional use permit, planned unit development permit, or other
discretionary local government review or approval that would
constitute a "project" for purposes of Division 13 (commencing
with Section 21000) of the Public Resources Code. Any subdivision
of the sites shall be subject to all laws, including, but not limited
to, the local government ordinance implementing the Subdivision
Map Act. A local ordinance may provide that "use by right" does
not exempt the use from design review. However, that design
review shall not constitute a "project" for purposes of Division 13
(commencing with Section 21000) of the Public Resources Code.
Use by right for all rental multifamily residential housing shall be
provided in accordance with subdivision (f) of Section 65589.5.
SEC. 6. Section 65583.3 is added to the Government Code, to
read:
65583.3. (a) The city council or board of supervisors shall
designate and zone sites for residential use to accommodate the
jurisdiction's 10-year housing need from the sites identified
pursuant to subdivision (a) of Section 65583.2. The designation
and zoning shall be adopted and in effect on the same date the
housing clement is required to be updated. The local government's
obligation to designate and zone sites to accommodate its share
of the region's l0-year housing need for lower income households
shall be satisfied by zoning sites to allow the specified minimum
number of units per acre, as identified in subparagraphs (A) to (D),
inclusive, of paragraph (3) of subdivision (c) of Section 65583.2.
The local government shall prepare, or cause to be prepared, an
environmental impact report in connection with the designation
and zoning required by this subdivision. The environmental impact
report shall address potentially significant cumulative impacts,
growth inducing impacts, off-site impacts, and alternative sites.
designated and zoned purstiant to sttbelit'sion (a) will realisfie4iy
aeeommodate eonstmetion of the maxhiiunt number of units
i
demand Rw the den
s
ty and type of
hou
sing, eurrent
at: planned
97
0 •
SB 303
3
4
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-16-
of infrastmetuie and serviees, and other relevant
planning eeiteria.
(b) Any approval sought in connection with a project that is
consistent with the designation and zoning on a site designated
and zoned pursuant to subdivision (a) shall be subject to the Permit
Streamlining Act (Chaptcr4.5 (commencing with Section 65920)).
(d)
(c) Any approval sought in connection with a project that is
consistent with the designation and zoning on'a site designated
and zoned pursuant to subdivision (a) may not be denied or
conditioned on reducing the residential project's density below
that proposed by the applicant unless by four-fifths vote, the city
council or board of supervisors makes written findings pursuant
to subdivision 0) of Section 65589.5. For purposes of this section,
an abstention shall not count as an affirmative vote for purposes
of satisfying the four-fifths vote requirement. This provision shall
not create any inference regarding the effect of an abstention under
existing law in other situations.
(e)
(d) When a complete application has been submitted to develop
a project on a site designated and zoned pursuant to subdivision
(a), and the project is consistent with the designation and zoning,
the designation and zoning applicable to the site may not be
changed without the consent of the project applicant except by
four-fifths vote of the city council or board of supervisors after
making written findings pursuant to subdivision Q) of Section
65589.5.
(fl
(e) If a court finds that a local government has failed to comply
with the requirements of subdivision (a)te, the court shall
retain jurisdiction. of the action and issue an order to the local
government requiring compliance within 120 days or a lesser
period if the court determines that a lesser period is appropriate,
and shall award reasonable attorney's fees to the plaintiff or
petitioner. Nothing in this section shall be construed as limiting
any other remedy that may exist for a violation of this article,
including attorney's fees under Section 1021.5 of the Code of Civil
Procedure.
SEC. 7. Section 65588 of the Government Code is repealed.
97
•
-17- SB303
1 SEC. 8. Section 65588 is added to the Government Code, to
2 read:
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
65588. (a) Each local government shall review its housing
element as frequently as appropriate to evaluate all of the
following:
(1) The effectiveness of the clement including a review of the
results of goals, objectives, policies, and programs from the prior
planning period and an analysis of any difference between what
was planned from the prior planning period and what was actually
achieved.
(2) The appropriateness of the goals, objectives, policies, and
programs of the updated clement based on the analysis of the
review of the results of the prior planning period. The goals,
objectives, policies, and programs of the element should be revised
to reflect the results of this review.
(b) The housing element shall be updated every five years. As
part of the five-year update, the city council or board of supervisors
shall make any necessary amendments to ensure that there are sites
designated and zoned pursuant to Section 65583.3 to accommodate
the jurisdiction's housing need for the next 10-year period, as
determined pursuant to Section 65584.
(c) Notwithstanding subdivision (b) or the date of adoption of
the housing clement previously in existence, each local government
shall revise its housing clement according to the following
schedule:
(1) Local governments within the regional jurisdiction of the
Southern California Association of Governments:
(2) Local governments within the regional jurisdiction of the
Association of Bay Area Governments:
(3) Local governments within the regional jurisdiction of the
Council of Fresno County Governments, the Kern County Council
of Governments, and the Sacramento Area Council of
Governments:
(4) Local governments within the regional jurisdiction of the
Association of Monterey Bay Area Governments:
(5) Local governments within the regional jurisdiction of the
San Diego Association of Governments:
(6) All other local governments:
SEC. 9. Section 65588.2 is added to the Government Code, to
read:
97
SB 303
-18-
1 65588.2. All deadlines specified in this article arc mandatory,
2
3 requirements of sttbelivisions (a) and (b) of Seetion 65583.3 wit
4 fespeet to sites for extremely lo%-, very low, and low ineofn
5
6
7 sites that are or will be zoned to fttlfill the reelttirement to allom, 8
8
9 subdivision (d) of Seetion 65583.2, shall be by right Ets defined i
10 ub 1:..:.: (h) of O__d 65583.2. The zoom., and dey l ,amen
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
households. At least 50 pereent ofthe extremely low, ven, low and low ineome
ho~using need shall be aeeommodated ott sites designated for
residential use and for wh4eh nonresidential ttses or mixed ttses
me not permitted. Foi purposes of this seetion, "aFrordable
not directory.
SEC. 10. Section 65588.3 is added to the Government Code,
to read:
65588.3. Nothing in this article shall be interpreted to affect
existing law with respect to the planning, use, or development of
areas outside the sites designated and zoned pursuant to subdivision
(a) of Section 65583.3 or to establish any presumption regarding
the appropriate designation or use of those areas.
SEC. 11. Section 65860 of the Government Code is amended
to read:
65860. (a) County or city zoning ordinances shall be consistent
with the general plan of the county or city by the date of the next
housing element update, and thereafter. This deadline is mandatory,
not directory. A zoning ordinance shall be consistent with a city
or county general plan only if all of the following conditions arc
met:
(1) The city or county has officially adopted such a plan.
(2) The various land uses authorized by the ordinance are
compatible with the objectives, policies, general land uses, and
programs specified in the plan.
97
L
•
_19- SB 303
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
(3) In the case of residential uses, the zoning allows development
at the density range specified in the general plan housing element
without the need for any additional land use approval that is
legislative or quasi-legislative in nature.
(b) Any resident or property owner within a city or a county,
as the case may be, may bring an action or proceeding in the
superior court to enforce compliance with subdivision (a). Any
action or proceeding brought pursuant to this section shall be
governed by Chapter 2 (commencing with Section 1084) of Title
I of Part 3 of the Code of Civil Procedure. No action or proceeding
shall be maintained pursuant to this section by any person unless.
the action or proceeding is commenced and service is made on the
legislative body within 90 days of the enactment of any new zoning
ordinance or the amendment of any existing zoning ordinance,
except that a property owner may, at any time, bring an action to
require that the zoning on its property be made consistent with the
general plan. The petitioner in an action brought to enforce
compliance with subdivision (a) shall be entitled to reasonable
attorney's fees if the petitioner is the prevailing party.
(c) In the event that a zoning ordinance becomes inconsistent
with a general plan by reason of amendment to the plan, or to any
clement of the plan, the zoning ordinance shall be amended within
a reasonable time so that it is consistent with the general plan as
amended.
(d) With respect to properties identitied for residential use in
the land use element of a general plan that are not identfied as
sites in the housing element, a resident or property owner may
bring an action or proceeding to require that the zoning on the
property be made consistent with the land use element.
(d~
(e) Notwithstanding Section 65803, this section has statewide
implications and thereby shall apply to a charter city, charter
county, and charter city and county as well as general law cities
and counties.
SEC. 12. In connection with enacting the health or safety
findings requirements of Article 10.6 (commencing with Section
65580) of Chapter 3 of Division 1 of Title 7 of the Government
Code, the Legislature finds and declares that the Court of Appeal
opinion in Mira Development Corporation of San Diego v. City
of San Diego (1988) 205 Cal.App.3d 1201, is inconsistent with
97
0 •
SB 303 - 20 -
I the Legislature's intent that (a) the phrase "health or safety" be
2 construed narrowly and (b) that substantial evidence in support of
3 a health or safety finding be of ponderable legal significance,
4 reasonable in nature, credible, and of solid value in light of all of
5 the evidence in the record.
6 SEC. 13. No reimbursement is required by this act pursuant to
7 Section 6 of Article X111 B of the California Constitution because
8 a local agency or school district has the authority to levy service
9 charges, fees, or assessments sufficient to pay for the program or
10 level of service mandated by this act, within the meaning of Section
11 17556 of the Government Code.
O
97
•
AMENDED IN SENATE APRIL 9, 2007
SENATE BILL
No. 286
Introduced by Senator Dutton Senators Lowenthal and Dutton
February 15, 2007
An act to amend Sections 8879.23 and 8879.28 of the Government
Code, relating to transportation bonds, and declaring the urgency
thereof to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 286, as amended, Dutton Lowenthal. Transportation bonds:
implementation.
Proposition 1B, approved by the voters at the November 2006, general
election, enacts the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Bond Act of 2006, which authorizes the issuance of
$19.925 billion of general obligation bonds for various transportation
purposes, including $2 billion to be allocated by the Controller to cities
and counties, by formula, for local street and road purposes, subject to
appropriation by the Legislature.
This bill would require the bond funds for local street and road
purposes to be allocated by the Controller in 2 cycles that cover 4 years,
with the I st cycle of payments to be made to eligible local agencies not
later than January I, 2008, and the 2nd cycle of payments to be made
not later than January I, 2010, as specified. The bill would also require
the Controller to use the population figures from the Department of
Finance as of January 1, 2007, in making allocations to cities. The bill
would require an applicant for Neese funds to submit a list of projects
expected to be funded with bond funds to the Department of Finance,
as specified, and to report various information to the Department of
Finance. The bill would make other related changes.
9
98
SB286 -2-
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: ttmjeritr2V3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
I SECTION I. Section 8879.23 of the Government Code is
2 amended to read:
3 8879.23. The Highway Safety, Traffic Reduction, Air Quality,
4 and Port Security Fund of 2006 is hereby created in the State
5 Treasury. The Legislature intends that the proceeds of bonds
6 deposited in the fund shall be used to fund the mobility, safety,
7 and air quality improvements described in this article over the
8 course of the next decade. The proceeds of bonds issued and sold
9 pursuant to this chapter for the purposes specified in this chapter
10 shall be allocated in the following manner:
II (a) (1) Four billion five hundred million dollars
12 ($4,500,000,000) shall be deposited in the Corridor Mobility
13 Improvement Account, which is hereby created in the fund. Funds
14 in the account shall be available to the California Transportation
15 Commission, upon appropriation in the annual Budget Bill by the
16 Legislature, for allocation for performance improvements on highly
17 congested travel corridors in California. Funds in the account shall
18 be used for performance improvements on the state highway
19 system, or major access routes to the state highway system on the
20 local road system that relieve congestion by expanding capacity,
21 enhancing operations, or otherwise improving travel times within
22 these high-congestion travel corridors, as identified by the
23 department and regional or local transportation agencies, pursuant
24 to the process in paragraph (3) or (4), as applicable.
25 (2) The commission shall develop and adopt guidelines, by
26 December I, 2006, including regional programming targets, for
27 the program funded by this subdivision, and shall allocate funds
28 from the account to projects after reviewing project nominations
29 submitted by the Department of Transportation and by regional
30 transportation planning agencies or county transportation
31 commissions or authorities pursuant to paragraph (4).
32 (3) Subject to the guidelines adopted pursuant to paragraph (2),
33 the department shall nominate, by no later than January 15, 2007,
98
-3- SB 286
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
projects for the allocation of funds from the account on a statewide
basis. The department's nominations shall be geographically
balanced and shall reflect the department's assessment ofa program
that best meets the policy objectives described in paragraph (1).
(4) Subject to the guidelines adopted pursuant to paragraph (2),
a regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may
nominate projects identified pursuant to paragraph (1) that best
meet the policy objectives described in that paragraph for funding
from the account. Projects nominated pursuant to this paragraph
shall be submitted to the commission for consideration for funding
by no later than January 15, 2007.
(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative
and qualitative measures validating each project's consistency
with the policy objectives described in paragraph (1). All projects
nominated to the commission for funds from this account shall be
included in a regional transportation plan.
(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March I, 2007,
shall adopt an initial program of projects to be funded from the
account. This program may be updated every two years in
conjunction with the biennial process for adoption of the state
transportation improvement program pursuant to guidelines adopted
by the commission. The inclusion ofa project in the program shall
be based on a demonstration that the project meets all of the
following criteria:
(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (i) its inclusion in the list of nominated
projects by both the department pursuant to paragraph (3) and the
regional transportation planning agency or county transportation
commission or authority, pursuant to paragraph (4); or (ii) if needed
to fully fund the project, the identification and commitment of
supplemental funding to the project from other state, local, or
federal funds.
(B) Can commence construction or implementation no later
than December 31, 2012.
(C) Improves mobility in a high-congestion corridor by
improving travel times or reducing the number of daily vehicle
98
SB 286
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-4-
0
hours of delay, improves the connectivity of the state highway
system between rural, suburban, and urban areas, or improves the
operation or safety of a highway or road segment.
(D) Improves access to jobs, housing, markets, and commerce.
(7) Where competing projects offer similar mobility
improvements to a specific corridor, the commission shall consider
additional benefits when determining which project shall be
included in the program for funding. These benefits shall include,
but are not limited to, the following:
(A) A finding that the project provides quantifiable air quality
benefits.
(B) A finding that the project substantially increases the safety
for travelers in the corridor.
(8) In adopting a program for funding pursuant to this
subdivision, the commission shall make a finding that the program
is (i) geographically balanced, consistent with the geographic split
for funding described in Section 188 of the Streets and Highways
Code; (ii) provides mobility improvements in highly traveled or
highly congested corridors in all regions of California; and (iii)
targets bond proceeds in a manner that provides the increment of
funding necessary, when combined with other state, local or federal
funds, to provide the mobility benefit in the earliest possible
timeframc.
(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should,
at a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the mobility
improvements the program is achieving.
(b) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature,
to the department for improvements to State Route 99. Funds may
be used for safety, operational enhancements, rehabilitation, or
capacity improvements necessary to improve the State Route 99
corridor traversing approximately 400 miles of the central valley
of this state.
(c) Three billion one hundred million dollars ($3,100,000,000)
shall be deposited in the California Ports Infrastructure, Security,
and Air Quality Improvement Account, which is hereby created
98
-5- S B 286
I in the fund. The money in the account shall be available, upon
2 appropriation by the Legislature and subject to such conditions
3 and criteria as the Legislature may provide by statute, as follows:
4 (1) (A) Two billion dollars ($2,000,000,000) shall be transferred
5 to the Trade Corridors Improvement Fund, which is hereby created.
6 The money in this fund shall be available, upon appropriation in
7 the annual Budget Bill by the Legislature and subject to such
8 conditions and criteria as the Legislature may provide by statute,
9 for allocation by the California Transportation Commission for
10 infrastructure improvements along federally designated "Trade
I I Corridors of National Significance" in this state or along other
12 corridors within this state that have a high volume of freight
13 movement, as determined by the commission. In determining
14 projects eligible for funding, the commission shall consult the trade
15 infrastructure and goods movement plan submitted to the
16 commission by the Secretary of Business, Transportation and
17 Housing and the Secretary for Environmental Protection. No
18 moneys shall be allocated from this fund until the report is
19 submitted to the commission for its consideration, provided the
20 report is submitted no later than January 1, 2007. The commission
21 shall also consult trade infrastructure and goods movement plans
22 adopted by regional transportation planning agencies, adopted
23 regional transportation plans required by state and federal law, and
24 the statewide port master plan prepared by the California Marine
25 and Intermodal Transportation System Advisory Council
26 (Cal-MITSAC) pursuant to Section 1760 of the Harbors and
27 Navigation Code, when determining eligible projects for funding.
28 Eligible projects for these funds include, but are not limited to, all
29 of the following:
30 (i) Highway capacity improvements and operational
31 improvements to more efficiently accommodate the movement of
32 freight, particularly for ingress and egress to and from the state's
33 seaports, including navigable inland waterways used to transport
34 freight between seaports, land ports of entry, and airports, and to
35 relieve traffic congestion along major trade or goods movement
36 corridors.
37 (ii) Freight rail system improvements to enhance the ability to
38 move goods from seaports, land ports of entry, and airports to
39 warehousing and distribution centers throughout California,
40 including projects that separate rail lines from highway or local
98
0
SB 286
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-6-
road traffic, improve freight rail mobility through mountainous
regions, relocate rail switching yards, and other projects that
improve the efficiency and capacity of the rail freight system.
(iii) Projects to enhance the capacity and efficiency of ports.
(iv) Truck corridor improvements, including dedicated truck
facilities or truck toll facilities.
(v) Border access improvements that enhance goods movement
between California and Mexico and that maximize the state's
ability to access coordinated border infrastructure funds made
available to the state by federal law.
(vi) Surface transportation improvements to facilitate the
movement of goods to and from the state's airports.
(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the
state's most urgent needs, (ii) balances the demands of various
ports (between large and small ports, as well as between seaports,
airports, and land ports of entry), (iii) provides reasonable
geographic balance between the state's regions, and (iv) places
emphasis on projects that improve trade corridor mobility while
reducing emissions of diesel particulate and other pollutant
emissions. In addition, the commission shall also consider the
following factors when allocating these funds:
(i) "Velocity," which means the speed by which large cargo
would travel from the port through the distribution system.
(ii) "Throughput," which means the volume of cargo that would
move from the port through the distribution system.
(iii) "Reliability," which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to
another on any given day or at any given time in California.
(iv) "Congestion reduction," which means the reduction in
recurrent daily hours of delay to be achieved.
(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed
supplemental funding from appropriate local, federal or private
sources. The commission shall determine the appropriate amount
of supplemental funding each project should have to be eligible
for moneys from this fund based on a project-by-project review
and an assessment of the project's benefit to the state and the
program. Except for border access improvements described in
clause (v) of subparagraph (A), improvements funded with moneys
98
-7- SB 286
8
9
10
11
12
13
1'4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
from this fund shall have supplemental funding that is at least equal
to the amount of the contribution from the fund. The commission
may give priority for funding to projects with higher levels of
committed supplemental funding.
(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should,
at a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the mobility
and air quality improvements the program is achieving.
(2) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation by the Legislature and subject to such
conditions and criteria contained in a statute enacted by the
Legislature, to the State Air Resources Board for emission
reductions, not otherwise required by law or regulation, from
activities related to the movement of freight along California's
trade corridors. Funds made available by this paragraph are
intended to supplement existing funds used to finance strategies
and public benefit projects that reduce emissions and improve air
quality in trade corridors commencing at the state's airports,
seaports, and land ports of entry.
(3) One hundred million dollars ($100,000,000) shall be
available, upon appropriation by the Legislature, to the Office of
Emergency Services to be allocated, as grants, for port, harbor,
and ferry terminal security improvements. Eligible applicants shall
be publicly owned ports, harbors, and ferryboat and ferry terminal
operators, which may submit applications for projects that include,
but are not limited to, the following:
(A) Video surveillance equipment.
(B) Explosives detection technology, including, but not limited
to, X-ray devices.
(C) Cargo scanners.
(D) Radiation monitors.
(E) Thermal protective equipment.
(F) Site identification instruments capable of providing a
fingerprint for a broad inventory of chemical agents.
(G) Other devices capable of detecting weapons of mass
destruction using chemical, biological, or other similar substances.
(H) Other security equipment to assist in any of the following:
98
SB 286
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-8-
(i) Screening of incoming vessels, trucks, and incoming or
outbound cargo.
(ii) Monitoring the physical perimeters of harbors, ports, and
ferry terminals.
(iii) Providing or augmenting onsite emergency response
capability.
(1) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.
(J) Developing disaster preparedness or emergency response
plans.
The Office of Emergency Services shall report to the Legislature
on March I of each year on the manner in which the funds available
pursuant to this paragraph were expended for that fiscal year.
(d) Two hundred million dollars ($200,000,000) shall be
available, upon appropriation by the Legislature, for schoolbus
retrofit and replacement to reduce air pollution and to reduce
children's exposure to diesel exhaust.
(e) Two billion dollars ($2,000,000,000) shall be available for
projects in the state transportation improvement program, to
augment funds otherwise available for this purpose from other
sources. The funds provided by this subdivision shall be deposited
in the Transportation Facilities Account which is hereby created
in the fund, and shall be available, upon appropriation by the
Legislature, to the Department of Transportation, as allocated by
the California Transportation Commission in the same manner as
funds allocated for those projects under existing law.
(f) (l) Four billion dollars ($4,000,000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and
Service Enhancement Account, which is hereby created in the
fund. Funds in the account shall be made available, upon
appropriation by the Legislature, to the Department of
Transportation for intercity rail projects and to commuter or urban
rail operators, bus operators, waterborne transit operators, and
other transit operators in California for rehabilitation, safety or
modernization improvements, capital service enhancements or
expansions, new capital projects, bus rapid transit improvements,
or for rolling stock procurement, rehabilitation, or replacement.
(2) Of the funds made available in paragraph (1), four hundred
million dollars ($400,000,000) shall be available, upon
appropriation by the Legislature, to the department for intercity
98
C
0
-9- SB 286
3
4
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
rail improvements, of which one hundred twenty-five million
dollars ($125,000,000) shall be used for the procurement of
additional intercity railcars and locomotives.
(3) Of the funds remaining after the allocations in paragraph
(2), 50 percent shall be distributed to the Controller, for allocation
to eligible agencies using the formula in Section 99314 of the
Public Utilities Code, and 50 percent shall be distributed to the
Controller, for allocation to eligible agencies using the formula in
Section 99313 ofthe Public Utilities Code, subject to the provisions
governing funds allocated under those sections.
(g) One billion dollars ($1,000,000,000) shall be deposited in
the State-Local Partnership Program Account, which is hereby
created in the fund. The funds shall be available, upon
appropriation by the Legislature and subject to such conditions
and criteria as the Legislature may provide by statute, for allocation
by the California Transportation Commission over a five-year
period to eligible transportation projects nominated by an applicant
transportation agency. A dollar for dollar match of local funds
shall be required for an applicant transportation agency to receive
state funds under this program.
(h) One billion dollars ($1,000,000,000) shall be deposited in
the Transit System Safety, Security, and Disaster Response
Account, which is hereby created in the fund. Funds in the account
shall be made available, upon appropriation by the Legislature and
subject to such conditions and criteria as the Legislature may
provide by statute, for capital projects that provide increased
protection against a security and safety threat, and for capital
expenditures to increase the capacity of transit operators, including
waterborne transit operators, to develop disaster response
transportation systems that can move people, goods, and emergency
personnel and equipment in the aftermath of a disaster impairing
the mobility of goods, people, and equipment.
(i) One hundred twenty-five million dollars ($125,000,000)
shall be deposited in the Local Bridge Seismic Retrofit Account,
which is hereby created in the fund. The finds in the account shall
be used, upon appropriation by the Legislature, to provide the 11.5
percent required match for federal Highway Bridge Replacement
and Repair funds available to the state for seismic work on local
bridges, ramps, and overpasses, as identified by the Department
of Transportation.
98
•
SB 286
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
-10-
O (1) Two hundred fifty million dollars ($250,000,000) shall
be deposited in the Highway-Railroad Crossing Safety Account,
which is hereby created in the fund. Funds in the account shal I be
available, upon appropriation by the Legislature, to the Department
of Transportation for the completion of high-priority grade
separation and railroad crossing safety improvements. Funds in
the account shall be made available for allocation pursuant to the
process established in Chapter 10 (commencing with Section 2450)
of Division 3 of the Streets and Highways Code, except that a
dollar for dollar match of nonstate funds shall be provided for each
project, and the limitation on maximum project cost in subdivision
(g) of Section 2454 of the Streets and Highways Code shall not
be applicable to projects funded with these funds.
(2) Notwithstanding the funding allocation process described
in paragraph (l), in consultation with the department and the Public
Utilities Commission, the California Transportation Commission
shall allocate one hundred million dollars ($100,000,000) of the
funds in the account to high-priority railroad crossing
improvements, including grade separation projects, that are not
part of the process established in Chapter 10 (commencing with
Section 2450) of Division 3 of the Streets and Highways Code.
The allocation of funds under this paragraph shall be made in
consultation and coordination with the High-Speed Rail Authority
created pursuant to Division 19.5 (commencing with Section
185000) of the Public Utilities Code.
(k) (1) Seven hundred fifty million dollars ($750,000,000) shall
be deposited in the Highway Safety, Rehabilitation, and
Preservation Account, which is hereby created in the fund. Funds
in the account shall be available, upon appropriation by the
Legislature, to the Department of Transportation, as allocated by
the California Transportation Commission, for the purposes of the
state highway operation and protection program as described in
Section 14526.5.
(2) The department shall develop a program for distribution of
two hundred-and fifty million dollars ($250,000,000) from the
funds identified in paragraph (1) to fund traffic light
synchronization projects or other technology-based improvements
to improve safety, operations and the effective capacity of local
streets and roads.
98
• 0
-It- SB286
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
(1) (1) Two billion dollars ($2,000,000,000) shall be deposited
in the Local Street and Road Improvement, Congestion Relief,
and Traffic Safety Account of 2006, which is hereby created in
the fund. The proceeds of bonds deposited into that account shall
be available, upon appropriation by the Legislature, for the
purposes specified in this subdivision, to the Controller for
administration and allocation in the fiscal year in which the bonds
are issued and sold. The Controller shall allocate the funds to
eligible local agencies in two cycles that cover four years, in order
to allow each eligible local agency to spend the funds in two
periods of two years each. The Controller shall allocate at least
one-half of each allocation amount in the first cycle of payments,
which shall be made no later than January 1, 2008, except that
each city shall receive at least four hundred thousand dollars
($400,000), as described in subparagraph (B) of paragraph (2). If
an eligible local agency is able to demonstrate that more than
one-half of its share of funds under this subdivision is able to be
spent on eligible projects in the first two-year cycle, the Controller
shall allocate up to the full amount to the local agency. The
Controller shall allocate the remaining portion of an eligible local
agency's share of funds under this subdivision in the second cycle
of payments, which shall be made no later than January I, 2010.
The money in the account, and any interest or other return on
money in the account, shall be allocated in the following manner:
(A) Fifty percent to the counties, including a city and county,
in accordance with the following formulas:
(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of fec-paid and exempt vehicles that
are registered in the county bears to the number of fee-paid and
exempt vehicles registered in the state.
(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of miles of maintained county roads
in each county bears to the total number of miles of maintained
county roads in the state. For the purposes of apportioning fiords
under this clause, any roads within the boundaries of a city and
county that are not state highways shall be deemed to be county
roads.
99
•
SB 286
4
5
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
-12-
(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the cities
in the state, provided, however, that the Controller shall allocate
a minimum of four hundred thousand dollars ($400,000) to each
city, pursuant to this subparagraph.
(2) Funds received under this subdivision shall be deposited as
follows in order to avoid the commingling of those funds with
other local funds:
(A) In the case of a city, into the city account that is designated
for the receipt of state funds allocated for local streets and roads.
(B) In the case of an eligible county, into the county road fund.
(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local streets
and roads.
(3) For the purpose of allocating funds under this subdivision
to cities and a city and county, the Controller shall use the
population estimates prepared by the Demographic Research Unit
of the Department of Finance as of January 1, 2007. For a city that
incorporated after January 1, 1998, that does not appear on the
most recent population estimates prepared by the Demographic
Research Unit, the Controller shall use the population determined
for that city under Section 11005.3 of the Revenue and Taxation
Code.
(4) Funds apportioned to a city, county, or city and county under
this subdivision shall be used for improvements to transportation
facilities that will assist in reducing local traffic congestion and
further deterioration, improving traffic flows, or increasing traffic
safety that may include, but not be limited to, street and highway
pavement maintenance, rehabilitation, installation, construction
and reconstruction of necessary associated facilities such as
drainage and traffic control devices, or the maintenance,
rehabilitation, installation, construction and reconstruction of
facilities that expand ridership on transit systems, safety projects
to reduce fatalities, or as a local match to obtain state or federal
transportation funds for similar purposes. Projects to be funded
pursuant to this subdivision shall be consistent with the
requirements applicable tofundc subject to Section 1 ofArticleXIX
of the California Constitution or shall be other transit projects
98
• 0
-13- SB 286
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
consistent with this paragraph, but may not include the funding
of transit operating costs.
(5) A city, county, or city and county shall submit to the
Department of Finance, upon appropriation of band funds by the
Legislature, a list of projects expected to be funded with bond
finds pursuant to an adopted city or county budget. The list shall
not limit the flexibility of the applicant to find projects in
accordance with local needs and priorities consistent with
paragraph (4) of subdivision (1) of Section 8879.23 of the
Government Code. A11 projects funded with these bondfunds shall
be inclided within the city, county, or city and county budget that
is adopted by the applicable city council or board of supervisors
at a regular public meeting.
(6) Acity,county,orcity andcounty shall submit documentation
of expenditure of bondfunds made available under this subdivision
to the Department of Finance, including file name of each project,
the location, the amount of the expenditure, and the completion
date and estimated useful life. The documentation shall be made
available at the end of each fiscal year until the bond funds are
accounted for. The information provided shall be posted on the
Internet Web site of the Department of Finance.
(-3
(7) At the conclusion of each fiscal year during which a city or
county expends the funds it has received under this subdivision,
the Controller may verify the city's or county's compliance with
paragraph (4). Any city or county that has not complied with
paragraph (4) shall reimburse the state for the funds it received
during that fiscal year. Any finds withheld or returned as a result
of a failure to comply with paragraph (4) shall be reallocated to
the other counties and cities whose expenditures are in compliance.
SEC. 2. Section 8879.28 of the Government Code is amended
to read:
8879.28. Upon request of the board stating that funds are
needed for purposes of this chapter, the committee shall determine
whether or not it is necessary or desirable to issue bonds authorized
pursuant to this chapter in order to carry out the actions specified
in Section 8879.23, and, if so, the amount of bonds to be issued
and sold. Successive issues of bonds may be authorized and sold
to carry out those actions progressively, and are not required to be
sold at any one time. Bonds may bear interest subject to federal
98
9 0
SB 286 - 14-
1 income tax. For purposes of this section, the committee shall
2 consider the request of the Controller relative to issuance of bonds
3 authorized pursuant to subdivision (1) of Section 8879.23.
4 SEC. 3. This act is an urgency statute necessary for the
5 immediate preservation of the public peace, health, or safety within
6 the meaning of Article IV of the Constitution and shall go into
7 immediate effect. The facts constituting the necessity are:
8 In order to ensure that the fhmds nmde available by this act are
9 appropriated in the Budget Act of 2007, it is necessary that this
10 act take effect immediotelu
O
98