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HomeMy WebLinkAboutMINUTES - 05132008 - C.30 �PContra TO: BOARD OF SUPERVISORS :��w_ , FROM: JOHN CULLEN, o. rs Costa z County Administrator County DATE: May 13, 2008 SUBJECT: SUPPORT POSITION on Propositiori`J9; OPPOSE POSITION on Proposition 98 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION SUPPORT Proposition 99, a ballot measure that will prevent governments from using eminent domain to take an owner-occupied home to transfer to a private party; and OPPOSE Proposition 98 a competing measure that will eliminate rent control and other renter protections, threaten development of public water projects, stymie local land use planning and impair environmental protection, as recommended by the County Administrator. FISCAL IMPACT: No fiscal impact to the County. BACKGROUND: The June 3 primary ballot will include both Propositions 98 and 99. The title and summary of Proposition 98 says it is intended to curtail certain aspects of eminent domain. In fact, more than 80% of the funding to place Proposition 98 on the ballot has come from wealthy apartment owners and mobile home park owners who want to eliminate rent control. In • addition to eliminating rent control, Prop. 98 would also gut environmental protections, restrict the ability of county supervisors and other elected local officials to effectively carry out their land use planning responsibilities and, equally troubling, flaws in the measure would stand in the way of water infrastructure projects needed in order to develop an adequate supply of clean water. Prop. 99 is supported by a broad coalition of homeowners, business, labor, cities, counties and environmentalists who want straight-forward eminent domain reform that gets to the heart of the infamous Supreme Court"Kell' decision. CONTINUED ON ATTACHMENT: s YES SIGNATURE-�,� ti RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT APPROVE OTHER SIGNATURE(S): ACTION OF B D ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN. Contact: L.DcLaney 5-1097 Cc: ATTESTED L.DcLaney,CAO's Office JOHN CULLEN,CLERK OF THE BOARD OFSUPERV ISORS J.Kennedy,Redevelopment BY: ,DEPUTY Props. 98&99(Eminent Domain)—p. 2 May 13, 2008 Jk t sr Proposition 98, if will will prevent state and local governments from taking private property for private uses and will repeal rent control. The specific provisiAs of Proposition 98 are: 1. Bar state and local governments from condemning or damaging private property for private uses; 2. Prohibit rent control and similar measures; 3. Prohibit deference to government in property rights cases; 4. Define"just compensation;" 5. Require an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government; and 6. Require government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated. As described by the supporters of Proposition 98, what the measure is intended to do is place additional restrictions on eminent domain seizures. These include: • Private property may not be taken by eminent domain for private use under any circumstances (i.e. to build a shopping center, auto mall or industrial park). • Property may be taken by eminent domain only for public use (i.e. freeway construction, parks, schools). • Property may not be taken by government and then used for the same purpose that it was used for prior to seizure. For example, if residential housing is taken, the government cannot then use it for residential housing. • Family farms and open space are protected from seizures.by government for the purpose of selling the natural resources. • If a public agency takes property under false pretenses, or abandons its plans, the property must be offered for sale to the original owner at the original price and the property tax would be assessed at the value of the property when it w originally condemned. • If farmers or business owners are evicted by eminent domain, they would be entitled to compensation for temporary business losses, relocation expenses, business reestablishment costs and other reasonable expenses. • Government may not set the price at which property owners sell or lease their property. Proposition 98 Eliminates Rent Control and Other Renter Protections According to the Western Center on Law and Poverty, an advocacy group for low-income Californians, Proposition 98's elimination of rent control and other laws which increase the supply of affordable housing would severely impact more than one million California renters, including seniors, the disabled and working families who depend on rent control and other affordable housing provisions. Proposition 98 also would threaten laws intended to protect home buyers and tenants. According to the Western Center Analysis, for homeowners, laws on foreclosure protection and homebuyer disclosure requirements could be eliminated. With our state's current foreclosure crisis, now is not the time to eliminate disclosure requirements. For renters, this measure could repeal laws requiring that dwellings are maintained in a decent and safe condition,the fair return of rental deposits, and 60 days notice before a no-fault eviction. Proposition 98 Restricts Land Use Planning and Community Protections California's counties successfully help to defeat Proposition 90 partially because the language in that proposition dealing with "regulatory takings", which would have encouraged land-use related lawsuits and cost California taxpayers billions of dollars. Rather than simply requiring compensation for la use actions that have an impact on property values, Proposition 98 actuallyrop hibits laws 0 regulations that "transfer an economic benefit to one or more private persons at the expense of the private owner."This provision will encourage lawsuits on virtually any decision by local government.