HomeMy WebLinkAboutMINUTES - 05062008 - C.30 s i
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TO: BOARD OF SUPERVISORS
o ,,�- `s
FROM: Supervisor Mary Nejedly Piepho �' Costa
DATE: May 6, 2008 SrA covK'
County
SUBJECT: RE-APPOINTMENT TO THE BYRON MUNICIPAL ADVISORY COUNCIL
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
RE-APPOINT the following individual to the Appointee 4 seat on the Byron Municipal
Advisory Council to a term expiring December 31, 2009:
Shawn Guinn
P.O. Box 268
Byron, CA 94514
BACKGROUND:
The current members term expired.
CONTINUED ON ATTACHMENT: ❑ YES SGNATURE:
❑ RECOMMENDATION OF COUNTY ADMINISTRATOR k7COM TON OF BOARD COMMITTEE
❑APPROVE ❑ OTHER
SIGNATURE(S): /�ACTION OF BOARD ON ELY Kul 2'00E
APPROVED AS RECOMMENDEDJX OTJAER ❑
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT Al ► ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED:
Contact: Lea Castleberry JOHN CULLEN,CLERK OF THE BOARD OF
Office of Supervisor Mary N.Piepho SUPERVISORS AND COUNTY ADMINISTRATOR
(925)820-8683
CC! By: � � eputy
Clerk of the Board(Maddy Book)
TO: BOARD OF SUPERVISORS Contra��, -_-'�'
._ :ks S27
�=:
FROM: JOHN CULLEN, of .,,..,....... w s Costa
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'
County Administrator �;:, �_ - ;
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County
DATE: May 13, 2008
SUBJECT: SUPPORT POSITION on Proposition 99; OPPOSE POSITION on
Proposition 98
SPECIFIC:REQUEST(S)OR RECOMMIENDATION(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 "Kelo" decision.
CONTINUED ON ATTACHMENT: x Y17S SIGNATURE: y /�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OP BOARD COMMT "I'G
APPROVE O TI IFR
SIGNATLIRI.?(Sj:
ACTION OF l3 A 1)ON9) APPROVED AS RECOMMENDEDy yER
VOTE OF SUPERVISORS 1 HEREBY C1 RTIFY"I'I IAT THIS IS A TRUE AVD CORRECT COPY
OF AN ACTION TAKEN AND ENTI-RED ON MINUTE'S OI' THE
BOARD OF SUPERVISORS ON THE DATE:SI IOWN.
UNANIMOUS(ABSENT )
AYES: N0 S:
ABSENT: ABSTAIN:
Contact:
Cc:
L. DeLancy 5-1097 !l -2W6
A'I TISl�I�D v�,
I...DeLancy,CAO's Ot'tice JOHN(611-LEN,CL :RK OF THE BOARD OF-SUPERVISORS
,I.Kennedy,Redcvclopnunt VC
13 Y: �� l D17PUTY
Prop. 98 & 99 (Eminent Domain)—p.' 2
May 13, 2008
Proposition 98, if it passes, will prevent state and local governments from taking private property for
private uses and will repeal rent control.
The specific provisions 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 was
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 land-
use actions that have an impact on property values, Proposition 98 actually prohibits laws and
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.
Props. 98 & 9.9 (Eminent Domain)—p. 3
May 13, 2008
Under this provision, groups opposed to any new development could sue claiming that local
government approval of the new project has "transferred an economic benefit" to the property owner,
at the expense of neighbors. Likewise, any local actions to restrict or limit development (for instance,
to protect farmland from encroaching development), could also be argued to "transfer economic
benefit" away from the developer to the surrounding property owners. At a minimum, cities and
counties will likely be paralyzed for years while this measure gets litigated to the highest levels of the
courts — stalling approval of necessary economic growth and development and wreaking havoc on
local land-use decisions.
Equally troubling, Proposition 98 does not include an exemption for actions taken to public health and
safety.
Proposition 98 Threatens Future Water Infrastructure Projects
Either intentionally or through negligence, Proposition 98 contains provisions that could stop future
water infrastructure projects in California by making it illegal to use eminent domain to acquire land
and water to develop public water projects. That's why organizations such as the Western Growers
Association, Metropolitan Water District, and the Association of California Water Agencies oppose
Proposition 98.
The initiative's proposed amendment to California Constitution Article 1, section 19(a) prohibits the
taking of private property for "private use." Proposed section 19(b)(3)(ii) defines "private use" as
including: transfer of ownership, occupancy or use of private property or associated property
rights to a public agency for the consumption of natural resources or for the same or a
substantially similar use as that made by the private owner; (Emphasis added.)
Section 19(b)(3)(ii) expressly designates as a "private use" the transfer of property rights to a "public
agency" for the "consumption of natural resources." Thus, it is clear that property transfers under
eminent domain or threat of eminent domain to a public agency for the purpose of consumption of
natural resources (i.e. — water) are prohibited.
All elements of a public water project involve the "consumption of natural resources". Thus,
Proposition 98 would eliminate a necessary tool and jeopardize a vast number of public and private
water projects at a time that is critical to the future of California and its agriculture, to develop new
water delivery systems, enhance water supply, and protect drinking water quality.
Proposition 99 is a Better Way to Reform Eminent Domain
CSAC has joined with other local government representatives to qualify Proposition 99, the
"Homeowners Protection Act" for the June ballot. This measure will prevent governments from using
eminent domain to take an owner-occupied home, condo, or townhouse to transfer to a private party.
The measure is a direct response to the U.S. Supreme Court's Kelo v. the City of New London.
decision from 2005. Proposition 99 is supported by a coalition of seniors, homeowners, business,
labor, environmentalists, local governments, and affordable housing advocates. It contains none of
the adverse provisions included in Proposition 98.
Prop. 99 respects the decision of the voters to reject Proposition 90 in November 2006, a measure
that included eminent domain reform but also included unrelated provisions that would have
subjected taxpayers to enormous financial liability from a wide variety of traditional legislative and
administrative actions to protect the public welfare. Proposition 99 also maintains the distinction in the
California Constitution between Section 19, Article I, which establishes the law for eminent domain,
and Section 7, Article XI, which establishes the law for legislative and administrative action to protect
the public health, safety, and welfare. Prop. 99 provides a comprehensive and exclusive basis in the
California Constitution to compensate property owners when property is taken or damaged by state or
local governments, without affecting legislative and administrative actions taken to protect the public
health, safety, and welfare.
The proponents of the competing Prop. 98 "Property Owners and Farmland Protection Act" say that
Prop. 99 will not significantly reform eminent domain abuses and will still allow for property to be
taken and given to private owners. The group has also quoted the Legislative Analyst's Office review
of the measure which said, "is not likely to significantly alter current government land acquisition
practices." Some eminent domain reform groups say that the measure is a Trojan Horse, intended to
confuse voters by offering only a weak protection against eminent domain seizures.
Props. 98 & 99 (Eminent Domain)—p. 4
May 13, 2008
Proposition 99 has also been criticized for including a provision that would nullify any other attempts
to amend Article I, Section 19 of the California Constitution. The Institute for Justice has said that this
is a clear attack on Proposition 98. Such a provision is common when multiple ballot items on the
same subject are on the same ballot. The so-called "poison pill provision" blocks conflicting pieces of
law when one measure has more votes than the other.
For your information, attached is a listing of the agencies who either Oppose Proposition 98 and/or
Support Proposition 99. Also attached is a comparison chart of the propositions, prepared by the "No
98/Yes 99, Californians to Stop the Prop 98 Attack on Renters and in Support of Prop 99, the
Homeowners Protection Act."
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TITLE: This measure shall be known as the "Homeowners and Private Property
Protection Act."
SECTION 1: PURPOSE AND INTENT
By enacting this measure, the people of California hereby express their intent to:
A. Protect their homes from eminent domain abuse.
B. Prohibit government agencies from using eminent domain to take an owner-occupied
home to transfer it to another private owner or developer.
C. Amend the California Constitution to respond specifically to the facts and the
decision of the U.S. Supreme Court in Kelo v. City of New London, in which the Court
held that it was permissible for a city to use eminent domain to take the home of a
Connecticut woman for the purpose of economic development.
D. Respect the decision of the voters to reject Proposition 90 in November 2006, a
measure that included eminent domain reform but also included unrelated provisions that
would have subjected taxpayers to enormous financial liability from a wide variety of
traditional legislative and administrative actions to protect the public welfare.
E. Provide additional protection for property owners without including provisions, such
as those in Proposition 90, which subjected taxpayers to liability for the enactment of
traditional legislative.and administrative actions to protect the public welfare.
F. Maintain the distinction in the California Constitution between Section 19, Article I,
which establishes the law for eminent domain, and Section 7, Article XI, which
establishes the law for legislative and administrative action to protect the public health,
safety and welfare.
G. 'Provide a comprehensive and exclusive basis in the California Constitution to
compensate property owners when property is taken or damaged by state or local
governments, without affecting legislative and administrative actions taken to protect the
public health, safety and welfare.
SECTION 2: AMENDMENT TO THE CALIFORNIA CONSTITUTION
Section 19 of Article I of.the California Constitution is hereby amended to read:
Sec. 19. (a) Private property may be taken or damaged for a public use and only when
just compensation, ascertained by a jury unless waived, has first been paid to, or into
court for, the owner. The Legislature may provide for possession by the condemnor
following commencement of eminent domain proceedings upon deposit in court and
prompt release to the owner of money determined by the court to be the probable amount
of just compensation.
(b) The State and local governments are prohibited from acquiring by eminent domain
an gwner-occupied residence for the purpose of conveying it to a private person.
1
(c) Subdivision (b) of this Section does not apply when,State or local government
exercises the power of eminent domain for the purpose of protecting public health and
safety;preventing serious, repeated criminal activity; responding to an emergency; or
remedying environmental contamination that poses a threat to public health and safety.
(d) Subdivision (b) of this Section does not apply when State or local government
exercises the power of eminent domain for the purpose of acquiring private property for
a Public work or improvement.
(e) For the purpose of this Section:
I. "Conveyance"means a transfer of real property whether by sale, lease, gift,
franchise, or otherwise.
2. "Local government"means any city, including a charter city, county, city and
county, school district, special district, authority, regional entity, redevelopment
agency, or any other political subdivision within the State.
3. . "Owner-occupied residence"means real property that is improved with a single
family residence such as a detached home, condominium, or townhouse and that
is the owner or owners'principal place of residence for at least one year prior to
the State or local government's initial written offer to purchase the property.
Owner-occupied residence also includes a residential dwelling unit attached to or
detached front such a single family residence which provides complete
independent living facilities for one or more persons.
4. "Person"means any individual or association, or any business entity, including,
but not limited to, a partnership, corporation, or limited liability company.
S. "Public work or improvement"means facilities or infrastructure for the delivery
of public services such as education,police,fire protection,parks, recreation,
emergency medical,public health, libraries,flood protection, streets or highways,
public transit, railroad, airports and seaports; utility, common carrier or other .
similar projects such as energy-related, communication-related, water-related
and wastewater-related facilities or infrastructure;projects identified by a State
or local government for recovery from natural disasters; and private uses
incidental to, or necessary for, the Public work or improvement.
6. "State"means the State of California and any of its agencies or departments.
SECTION 3.. By enacting this measure, the voters do not intend to change the meaning
of the terms in subdivision (a) of Section 19, Article I of the California Constitution,
including, without limitation, "taken," "damaged," "public use," and "just compensation,"
and deliberately do not impose any restrictions on the exercise of power pursuant to
Section 19,Article I, other than as expressly provided for in this measure.
2
SECTION 4. The provisions of Section 19, Article I, together with the amendments
made by this initiative, constitute the exclusive and comprehensive authority in the
California Constitution for the exercise of the power of eminent domain and for the
payment of compensation to property owners when private property is taken or damaged
by state or local government. Nothing in this initiative shall limit the ability of the
Legislature to provide compensation in addition to that which is required by Section 19 of
Article I to property owners whose property is taken or damaged by eminent domain.
SECTION 5. The amendments made by this initiative shall not apply to the acquisition
of real property if the initial written offer to purchase the property was made on or before
the date on which this initiative becomes effective, and a resolution of necessity to
acquire the real property by eminent domain was adopted on or before 180 days after that
date.
SECTION 6. The words and phrases used in the amendments to Section 19, Article I of
the California Constitution made by this initiative which are not defined in subdivision
(d), shall be defined and interpreted in a manner that is consistent with the law in effect
on January 1, 2007 and as that law may be amended or interpreted thereafter.
SECTION 7. The provisions of this measure shall be liberally construed in furtherance
of its intent to provide homeowners with protection against exercises of eminent domain
in which an owner-occupied residence is subsequently conveyed to a private person.
SECTION 8. The provisions of this measure are severable. If any provision of this
measure or its application is held invalid,that invalidity shall not affect other provisions
or applications that can be given effect without the invalid provision or application.
SECTION 9. In the event that this measure appears on the same statewide election
ballot as another initiative measure or measures that seek to affect the rights of property
owners by directly or indirectly amending Section.19, Article I of the California
Constitution,the provisions of the other measure or measures shall be deemed to be in
conflict with this measure. In the event that this measure receives a greater number of
affirmative votes, the provisions of this measure shall prevail in their entirety, and each
and every provision of the other measure or measures shall be null and void.
3
1 5
SECTION 1. STATEMENT OF FINDINGS
(a) Our state Constitution, while granting government the power of
eminent domain, also provides that the people have an inalienable right to own,
possess, and protect private property. It further provides that no person may be
deprived of property without due process of law, and that private property may not
be taken or damaged by eminent domain except for public use and only after just
compensation has been paid to the property owner.
(b) Notwithstanding these clear constitutional guarantees, the courts
have not protected the people's rights from being violated by state and local
governments through the exercise of their power of eminent domain.
(c) For example, the U.S. Supreme Court, in Kelo v. City of New
London, held that the government may use eminent domain to take property from
its owner for the purpose of transferring it to a private developer. In other cases,
the courts have allowed the government to set the price an owner can charge to
sell or rent his or her property, and have allowed the government to take property
for the purpose of seizing the income or business assets of the property.
(d) Farmland is especially vulnerable to these types of eminent domain
abuses.
SECTION 2. STATEMENT OF PURPOSE
(a) State and local governments may use eminent domain to take private
property only for public uses, such as roads, parks, and public facilities.
(b) . State and local governments may not use their power to take or
- damage property for the benefit of any private person or entity.
(c) State and local governments may not.take private property by
eminent domain to put it to the same use as that made by the private.owner.
(d) When state or local governments use eminent domain to take or
damage private property for.public uses, the owner shall receive just compensation
for what has been taken or damaged.
(e) Therefore, the people of the state of California hereby enact the
"California Property Owners and Farmland Protection Act."
1 .
SECTION 3. AMENDMENT TO CALIFORNIA CONSTITUTION
Section 19 of Article I of the California Constitution is amended to read:
SEC. 19,(aJ Private property may be taken or damaged only for a stated public
use and when just compensation, ascertained by a jury unless waived, has first
been paid to, or into court for, the owner. The Legislature may provide for
possession by the condemnor following commencement of eminent domain
proceedings upon deposit in court and prompt release to the owner of money
determined by the court to be the probable amount of just compensation. Private
property may not be taken or damaged_ for private use.
(b) For purposes of this section:
(l) "Taken" includes transferring the ownership, occupancy, or use of property
from a private owner to a public agency or to any person or entity other than a
public agency, or limiting the price a private owner may charge another person to
purchase, occupy or use his or her real property.
(2) "Public use" means use and ownership by_aup blic agency or a regulated public
utility for the public use stated at the time of the taking,including public facilities,
public transportation, and public utilities, except that nothing herein prohibits
leasing limited space for private uses incidental to the stated public use, nor is the
exercise of eminent domain prohibited to restore utilities or access to a public road
for any private property which is cut off from utilities or access to a public road as
a result of a taking for public use as otherwise defined herein.
(3) "Private use" means:
(i) transfer of ownership, occupancy or use of private property or associated
property rights to any person or entity other than a public agency or a
regulatedL public utility;
(ii) transfer of ownership occupancy or use of private property or
associated property rights to a public agency for the consumption of natural
resources or for the same or a substantially similar use as that made by the
private owner; or
(iii) regulation of the ownership, occupancy or use of privately owned real
property or associated property rights in order to transfer an economic
benefit to one or more private persons at the expense of the property owner.
2
(4) "Public agency" means the state, special district, county, city, city and county,
including a charter city or county, and any other local or regional governmental
entity, municipal corporation,public agency-owned utility or utility district, or the
electorate of any public a ency.
(5) "Just compensation" means:
(i) for property or associated property rights taken, its fair market value;
(ii) for property or associated property rights damaged,the value fixed by a
jury, or by the court if a jury is waived;
(iii) an award of reasonable costs and attorney fees from the public agency
if the property owner obtains a judgment for more than the amount offered
by a public agency as defined herein; and
(iv) any additional actual and necessary amounts to compensate the
property owner for temporary business losses, relocation expenses,business
reestablishment costs, other actual and reasonable expenses incurred and
other expenses deemed compensable by the Legislature.
(6) "Prompt release"means that the property owner can have immediate
possession of the money deposited by the condemnor without prejudicing his or
her right to challenge the determination of fair market value or his or her right to
challenge the takingas s beingfor a private use.
(7) "Owner" includes a lessee whose property rights are taken or damaged.
(8) "Re ulg atedpublic utility" means any public utility as described in Article XII,
section 3 that is regulated by the California Public Utilities Commission and is not
owned or operated by a public agency. Re lu ated public utilities are private
property owners for purposes of this article.
(c) In any action by a property owner challenging a taking or damaging of his or
her property, the court shall consider all relevant evidence and exercise its
independent judgment, not limited to the administrative record and without
deference to the findings of the public agency_ The property owner shall be
entitled to an award of reasonable costs and attorney fees from the public a eng if
the court finds that the agency's actions are not in compliance with this section. In
addition to other legal and equitable remedies that may be available an owner
whose property is taken or damaged for private use may bring an action for an
injunction a writ of mandate, or a declaration invalidating the action of the public
agency.
3
(d)Nothing in this section prohibits a public agency or regulated public utility
from entering into an agreement with a private property owner for the voluntary
sale of property not subject to eminent domain, or a stipulation regarding the
payment of just compensation.
(e) If property is acquired by a public agency through eminent domain, then
before the agency may put the property to a use substantially different from the
stated public use, or convey he property to another person or unaffiliated agent,
the condemning agency must make a good faith effort to locate the private owner
from whom the property was taken, and make a written offer to sell the property to
him at the price which the agency paid for the property, increased only by the fair
market value of any improvements, fixtures, or appurtenances added by the public
agency, and reduced by the value attributable to any removal, destruction or waste
of improvements, fixtures or appurtenances that had been acquired with the
property.If property is repurchased by the former owner under this subdivision, it
shall be taxed based on its pre-condemnation enrolled value increased or
decreased onlv as allowed herein, plus any inflationary adjustments authorized by
subdivision (b) of Section 2 of Article XIIIA. The right_ to repurchase shall apply
only to the owner from which the property was taken, and does not apply to.heirs
or successors of the owner or, if the owner was not a natural person, to an entity
which ceases to legally exist.
( Nothing in this section prohibits a public agency from exercising its power of
eminent domain to abate public nuisances or criminal activity,
(g.)Nothing, in this section shall be construed to prohibit or impair voluntary
agreements between a property owner and a public aggno to develop or
rehabilitate affordable housing.
h)Nothing in this section prohibits the California Public Utilities Commission
from regulating public utility rates.
Ci)Nothing in this section shall restrict the powers of the Governor to take or
damage private property in connection with his or her powers under a declared
state of.emergency.
4
SECTION 4. IMPLEMENTATION AND AMENDMENT
This section shall be self-executing. The Legislature may adopt laws to
further the purposes of this section and aid in its implementation. No amendment
to this section may be made except by a vote of the people pursuant to Article II or
Article XVIII.
SECTION 5. SEVERABILITY
The provisions of this section are severable. If any provision of this section
or its application is held invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision or application.
SECTION 6. EFFECTIVE DATE
The provisions of this Act shall become effective on the day following the election
("effective date"); except that any statute, charter provision, ordinance, or
regulation by a public agency enacted prior to January 1, 2007, that limits the price
a rental property owner may charge a tenant to occupy a residential rental unit
("unit") or mobile home space ("space") may remain in effect as to such unit or
space after the effective date for so long as,but only so long as, at least one of the
tenants of such unit or space as of the effective date ("qualified tenant") continues
to live in such unit or space as his or her principal place of residence. At such
time as a unit or space no longer is used by any qualified tenant as his or her
principal place of residence because, as to such unit or space, he or she has: (a)
voluntarily vacated; (b) assigned, sublet, sold or transferred his or her tenancy
rights either voluntarily or by court order; (c) abandoned; (d) died; or he or she has
(e) been evicted pursuant to paragraph(2), (3), (4) or(5) of Section 1161 of the
Code of Civil Procedure or Section 798.56 of the Civil Code as in effect on
January 1; 2007; then, and in such event, the provisions of this Act $hall be
effective immediately as to such unit or space.
5
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No on 98 Coalition List
(List as of 4/11/08)
WE OPPOSE PROP. 98 - THE HIDDEN AGENDAS SCHEME
Consumer
Senior Consumer Federation of California
AARP Consumers Coalition of California
California Alliance for Retired Americans
Older Women's League of California Agriculture
Gray Panthers California Western Growers Association
California Senior Advocates League
San Francisco Gray Panthers Education
Senior Action Network California Teachers Association
California School Boards Association
Public Safety Association of California School
California Professional Firefighters Administrators
California Police Chiefs Association
California Fire Chiefs Association Renter Advocates/Housing Providers
Peace Officers Research Association of Housing California
California (PORAC) California Housing Consortium (CHC)
California Coalition for Rural Housing
Water California Rural Legal Assistance
Association of California Water Agencies . Foundation
Metropolitan Water District of Southern Coalition forEconomic Survival
California Coalition to Protect California Renters
EI Dorado Irrigation District Tenants Together
Soquel Creek Water District Eviction Defense Collaborative
Vallecitos Irrigation District California Council for Affordable Housing
Vista Irrigation District Affordable Housing Coalition of San Diego
Coalition L.A.
Good Government Coalition to Save Parkmerced
League of Women Voters of California Community Housing Partnership
Concilio de Inquilinos: Local 1012
Business Council of Tenants-.Los Angeles
California Chamber of Commerce Eviction Defense Network
California Black Chamber of Commerce First Community Housing
Silicon Valley Leadership Group Housing Justice Campaign
San Marcos Chamber of Commerce Housing Rights Center
Kern County Hispanic Chamber of Inquilinos Unidos
Commerce Just Cause Oakland
Redondo Beach Chamber of Commerce Lincoln Place Tenants Association
California Mexican American Chamber of Oakland Tenants Union
Commerce Parkmerced Residents' Organization
Rural California Housing Company
Sacramento Mutual Housing Association
Opposes Prop. 98 - Hidden Agendas
Scheme (Cont.)
Renter Advocates/Housing Providers Homeowners (Cont.)
(Cont.) Mobilehome Residents Alliance of Nevada
St. Peter's Housing Committee County
San Diego Housing Federation Monarch Country Mobile Home Owners
San Diego Renters Union Association
San Francisco Council of Community Mountain Springs Homeowners Association
Housing Organizations Neighborhood Friends
San Francisco Tenants Union New Frontier Homeowner Association
Santa Monicans for Renters' Rights Oceanside Manufactured Homes
Tenant Associations Coalition of San Association
Francisco Palos Verdes Shores Homeowners
Tenderloin Housing Clinic (THC) Association
Venice Community Housing Corporation Portola Heights Homeowners Association
San Lorenzo Mobile Home Park
Homeowners Homeowners' Association
League of California Homeowners San Marcos Mobilehome Residents
Golden State Manufactured-Home Owners Association
League, Inc. (GSMOL) San Rafael Mobile Home Estates
California Mobile Homes Resource and Homeowners Association
Action Association Santa Ana Mobile Home Owners
Coalition of Mobile Home Owners- Association
California Sonoma County Mobilehome Owners
Resident Owned Parks, Inc. (ROP) Association
Alta Laguna Mobile Home Park Residents Sonoma No Condo Conversion Coalition
Committee
American Canyon Manufactured Home Environmental
Owners Coalition National Wildlife Federation
Butte County Mobile-Home Owners Sierra Club California
Association California League of Conservation Voters
CMRAA/Cal Hawaiian Home Owners Natural Resources Defense Council
Association The Trust for Public Land
Contempo Marin Homeowners Association California Council of Land Trusts
County Mobilehome Positive Action Wild Heritage Planners
Committee Defenders of Wildlife
EMPAC (Escondito Mobile/ Manufactured. Environmental Defense
.Home Positive Action Committee) Planning and Conservation League
GSMOL Chapter 1613 Audubon California
GSMOL Chapter 1539 Endangered Habitats League
GSMOL Chapter 1517 California Oak Foundation
GSMOL Chapter 1279 Greenbelt Alliance .
GSMOL Chapter 1200 Healthy Homes Collaborative
GSMOL Chapter 820 Mariposans for the Environment and
GSMOL Chapter 708 Responsible Government
GSMOL Chapter 161 Sonoma County Conservation Action
Home Owners Acting Together H.A.T.
Homeowners Association of Cameron Faith
Mobile Estates Lutheran Office of Public Policy-California
Los Rancheros Association, Inc. California Church Impact
Mobile Home Owners Coalition LA Voice— Pico
Mobile Parks West Homeowners Marin Interfaith Worker Justice
Association St. Anthony Foundation
Opposes Prop. 98 - Hidden Agendas
Scheme (Cont.)
Public Interest/Community Ethnic
California ACORN National Coalition of Hispanic Organizations
Western Center on Law and Poverty Black, Asian, Minority and Ethnic
California Partnership Renaissance CDC
California Alliance South Asian Network
Strategic Actions for a Just Economy
Progressive Jewish Alliance Women
Americans for Democratic Action (ADA) California National Organization for Women
Southern California Chapter National
Lawyers Guild- Los Angeles Political
ArtsCorpsLA California Democratic Party
Bernal Heights Neighborhood Center Democratic Women's Club
Community Advocacy Center Women Democrats of Placer County
Inner City Law Center
Los Angeles Coalition to End Hunger and Health
Homelessness California Council of Community Mental
Los Angeles Community Action Network Health Agencies
Los Angeles Community Legal Center and Mental Health Association in California
Educational Physicians for Social Responsibility—Los
Los Angeles Metropolitan Alliance Angeles
Miracle Mile Action Committee
Oakland ACORN Tax
One Stop Immigration Counselor California Tax Reform Association
Our City
People's CORE Associations
People Organized for Westside Renewal League of California Cities
(POWER) California State Association of Counties
Pride at Work San Francisco California Special Districts Association
Public Counsel California Chapter of the American
San Francisco Planning and Urban Planning Association
Research Association (SPUR) California Redevelopment Association
Union de Vecinos Consulting Engineers and Land Surveyors
of California (CELSOC)
Labor
California Labor Federation
SEIU California State Council
State Building and Construction Trades
Council
American Federation of State, County and
Municipal Employees (AFSCME)
(AFSCME) Los Angeles Retiree Chapter 36
(AFSCME) Chapter 2712
International Brotherhood of Electrical
Workers
San Francisco Labor Council
Koreatown Immigrant Workers Alliance
Marin County Building and Construction
Trades Council
People Organized to Win Employment
Rights (POWER)
Plumbers and Steamfitters Local 159
Yes on 99 Coalition List
(List as of 4/11/08)
WE SUPPORT PROP. 99 - THE HOMEOWNERS PROTECTION ACT
Homeowners Homeowners (Cont.)
League of California Homeowners Oceanside Manufactured Homes
Golden State Manufactured-Home Owners Association
League, Inc. (GSMOL) Palos Verdes Shores Homeowners
California Mobile Homes Resource and Association
Action Association Portola Heights Homeowners Association
Coalition of Mobile Home Owners- San Lorenzo Mobile Home Park
California Homeowners' Association
Resident Owned Parks, Inc. (ROP) San Marcos Mobilehome Residents
American Canyon Manufactured Home Association
Owners Coalition San Rafael Mobile Home Estates
Butte County Mobile-Home Owners Homeowners Association
Association Santa Ana Mobile Home Owners
CMRAA/Cal Hawaiian Home Owners Association
Association Sonoma County Mobilehome Owners
Contempo Marin Homeowners Association Association
County Mobilehome Positive Action Sonoma No Condo Conversion Coalition
Committee
EMPAC (Escondito Mobile/ Manufactured Good Government
Home Positive Action Committee) League of Women Voters of California
GSMOL Chapter 1613
GSMOL Chapter 1539 Senior
GSMOL Chapter 1517 California Alliance for Retired Americans
GSMOL Chapter 1279 Older Women's League of California
GSMOL Chapter 1200 Gray Panthers California
GSMOL Chapter 820 California Senior Advocates League
GSMOL Chapter 708 San Francisco Gray Panthers
GSMOL Chapter 161 Senior Action Network
Homeowners Acting Together H.A.T.
Homeowners Association of Cameron Public Safety
Mobile Estates California Police Chiefs Association
Los Rancheros Association, Inc. California Fire Chiefs Association
Mobile Home Owners Coalition Peace Officers Research Association of
Mobile Parks West Homeowners California (PORAC)
Association
Mobilehome Residents Alliance of Nevada Faith
County California Church Impact
Monarch Country Mobile Home Owners LA Voice - Pico
Association
Neighborhood Friends
New Frontier Homeowner Association
Supports Prop. 99—The Homeowners
Protection Act (Cont.)
Environmental Renter Advocates/Housing Providers
National Wildlife Federation (Cont.)
Sierra Club California Coalition to Save Parkmerced
California League of Conservation Voters Concilio de Inquilinos: Local 1012
Natural Resources Defense Council First Community Housing
California Council of Land Trusts Housing Justice Campaign
The Trust for Public Land Housing Rights Center
Wild Heritage Planners Inquilinos Unidos
Defenders of Wildlife Just Cause Oakland
Environmental Defense Parkmerced Residents' Association
Planning and Conservation League Rural California Housing Company
Audubon California Sacramento Mutual Housing Association
Endangered Habitats League St. Peter's Housing Committee
California Oak Foundation San Diego Housing Federation
Greenbelt Alliance San Diego Renters Union
Healthy Homes Collaborative San Francisco Council of Community
Mariposans for the Environment and Housing Organizations
Responsible Government San Francisco Tenants Union
Sonoma County Conservation Action Santa Monicans for Renters' Rights
Tenant Associations Coalition of San
Water Francisco
Metropolitan Water District of Southern Tenderloin Housing Clinic (THC)
California
Labor
Business California Labor Federation
Silicon Valley Leadership Group SEIU California State Council
San Marcos Chamber of Commerce State Building and Construction Trades
California Mexican American Chamber of Council
Commerce American Federation of State, County and
Municipal Employees (AFSCME)
Education American Federation of State, County and
Association of California School Municipal Employees (AFSCME) Los
Administrators Angeles Retiree Chapter 36
American Federation of State, County and
Ethnic Municipal Employees (AFSCME) 2712
National Coalition of Hispanic Organizations San Francisco Labor Council
Black, Asian, Minority and Ethnic International Brotherhood of Electrical
Renaissance CDC Workers
South Asian Network Ironworkers Union 433 Los Angeles
Koreatown Immigrant Workers Alliance
Renter Advocates/Housing Providers Marin County Building and Construction
Housing California Trades Council
California Housing Consortium (CHC) People Organized to Win Employment
California Rural Legal Assistance Rights (POWER) .
Foundation Plumbers and Steamfitters Local 159
Coalition to Protect California Renters SEIU 721
Coalition for Economic Survival
Eviction Defense Collaborative Consumer
Tenants Together Consumer Federation of California
Affordable Housing Coalition of San Diego Consumers Coalition of California
Coalition L.A.
Supports Prop. 99 —The Homeowners
Protection Act(Cont.)
Public Interest/Community
Western Center on Law and Poverty.
California Partnership
Strategic Actions for a Just Economy
Progressive Jewish Alliance
Americans for Democratic Action (ADA)-
Southern California Chapter
National Lawyers Guild- Los Angeles
Chapter
ArtsCorpsLA
Bernal Heights Neighborhood Center
Community Advocacy Center
Los Angeles Community Legal Center and
Educational
Los Angeles Community Action Network
Los Angeles Coalition to End Hunger and
Homelessness
Los Angeles Metropolitan Alliance
Miracle Mile Action Committee
Our City
People's CORE
Pride at Work San Francisco
Public Counsel
Union de Vecinos
Tax
California Tax Reform Association
Political
California Democratic Party
Democratic Women's Club
Women Democrats of Placer County
Health
California Council of Community Mental
Health Agencies
Mental Health Association in California
Physicians for Social Responsibility—Los
Angeles
Associations
League of California Cities
California State Association of Counties
California Special Districts Association
California Chapter of the American
Planning Association
California Redevelopment Association
Consulting Engineers and Land Surveyors
of California (CELSOC)