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03. Prop. 90 " CITY OF CUPERJINO City Hall 10:100 Torre Ayenue Cupertino. CA 9501.J-3255 (.J08) 777-3212 FAX: (.J08) 777-3366 COMMUNICATION SUMMARY Agenda Item .J..- Date: October 3,2006 Subject: Consider opposition to Proposition 90, Government Acquisition, Regulation of Private Property. Background This measure amends the California Constitution to: · Require local and state government to pay property owners for substantial economic losses resulting from some new laws and rules. · Limit local and state government authority to take ownership of private property. This measure applies to all types of private property, including homes, buildings, land, cars, and "intangible" property (such as ownership of a business or patent). . A team of economists at LECG consulting, led by former non-partisan legislative Analyst Dr. William Hamm, released the first comprehensive report outlining Proposition 90's potential fiscal impact on California and its taxpayers. In their report "The Fiscal Impact C?f Proposition 90", economists at LECG conclude that "the costs imposed on the taxpayers by Proposition 90 would amount to billions of dollars annually". "There can be no question that Proposition 90 will increase the annual cost of government by billions of dollars each year," said Bill Hamm. "Ultimately, these costs will be borne by California taxpayers through increased taxes or a reduction in state and local services." Among the key findings of the report: · Proposition 90 would increase the annual cost of state and local government in California by billions of dollars. · By increasing the cost of public works, like schools, roads, water systems, flood protection and utility services, Prop. 90 would curtail infrastructure development. For example, CalTrans is projecting that Proposition 90 will lead to more than $180 million in project schedule delay costs over the next seven years, and another $43 million per year in added litigation-related expenses -- without even considering the higher property acquisition costs that the measure will require the agency to pay for highway improvements. · By increasing the cost of regulation, Prop 90 would reduce government's ability to regulate land use, protect consumers and workers, and safeguard the environment. 3-1 The new report also included an in-depth analysis of the measure and its provisions, and the likely impact on state and local government actions in California. According to the report, two features of Proposition 90 are mainly responsible for the measure's multi-billion-dollar price tag: · The measure would require government (and the taxpayers) to pay businesses and individuals whenever it passes laws or adopts regulations intended to protect the public's interest (other than health- and safety-related) that substantially affect property values. · Proposition 90 also would significantly increase the amount that government and state-regulated, investor-owned utilities are required to pay owners when their property is acquired through eminent domain for public uses such as roads, schools, hospitals, airports, utility transmission lines, and power plants. Under current law, government must compensate owners by paying them the fair market value of their property, taking into consideration existing limitations on how the property can be used (e.g.. zoning restrictions). In some cases, Proposition 90 would require government to pay owners more than thefair market vallie of their property by directing courts to ignore these use limitations. An evaluation of Oregon's Measure 37, which has similar provisions as Proposition 90. Passed only two years ago, Measure 37 has already generated claims of more than $5.4 billion, or $4,060 per household for which Oregon taxpayers could be liable. Recommended Action It is recommended that the council officially adopt a position opposed to Proposition 90. Approved for submission: }lJL Rick Kitson Public Communication Manager David W. Knapp City Manager ].- .2 We Oppose Proposition 90 The Taxpayer Trap Homeowners League of California Homeowners Home Owners Acting Together Resident Owned Parks, Inc. Brentwood Hills Homeowners Association Crescent Gardens Homeowners Association Harrison Street Homeowners Association Lake Shastina Property Owners Association Los Pueblos Homeowner Association Golden State Manufactured-Home Owners League Golden State Manufactured-Home Owners League, Chapter 955 Golden State Manufactured-Home Owners League, Chapter 1420 Coalition of Mobilehome Owners - California Public Safetv California Professional Firefighters California Police Chiefs Association California Fire Chiefs Association California State Sheriffs' Association California State Firefighters' Association California Peace Officers' Association Peace Officers Research Association of California Fire Districts Association of California Windsor Fire Protection District National Guard Association of California - PAC Education California Teachers Association California Retired Teachers Association California School Boards Association Association of California School Administrators Coalition for Adequate School Housing (C.A.S.H.) Small School Districts' Association (List as of 10.6.06) TaXDavers California Taxpayers' Association California Tax Reform Association Valley Taxpayers Coalition, Inc. Marin United Taxpayers Association Monterey Peninsula Taxpayers Association Orange County Taxpayers Association Ventura County Taxpayers Association Seniors Gray Panthers California California Legislative Council for Older Americans Business/Economic Interest California Small Business Association Small Business Action Committee California Chamber of Commerce California Business Properties Association California Association of Realtors California Manufacturers & Technology Association California Business Roundtable Associated General Contractors of California California Association for Local Economic Development California Tribal Business Alliance California Building Industry Association Sempra Energy Bay Area Council Central City Association of Los Angeles Contra Costa Council Downtown Sacramento Partnership Downtown San Diego Partnership Economic Development Corporation of San Benito County Greater Concord Chamber of Commerce Greater Fresno Area Chamber of Commerce Greater Riverside Chambers of Commerce (More) Paid for by No on 90, Californians Against the Taxpayer Trap, a committee of taxpayers, educators, business, environmentalists, local govemment and public safety, the League of California Cities (Non-Public Funds, CITIPAC), and No on 90, Conservationists for Taxpayer Protection, a sponsored committee of the CA League of Conservation Voters www.NoProp90.com J- ] Business/Economic Interest (cont.) Hollywood Chamber of Commerce Inland Empire Economic Partnership Irvine Chamber of Commerce Lake Elsinore Valley Chamber of Commerce Long Beach Area Chamber of Commerce Los Angeles Area Chamber of Commerce Los Angeles Business Council Manhattan Beach Chamber of Commerce Monrovia Chamber of Commerce Monterey Peninsula Chamber of Commerce Morgan Hill Chamber of Commerce Mountain View Chamber of Commerce Murrieta Chamber of Commerce Napa Chamber of Commerce Ontario Chamber of Commerce Orange County Business Council Real Estate and Consulting Services, Inc. Redlands Chamber of Commerce Redwood City - San Mateo County Chamber of Commerce Sacramento Convention & Visitors Bureau Salinas Valley Chamber of Commerce San Carlos Chamber of Commerce San Francisco Chamber of Commerce San Gabriel Valley Economic Partnership San Jose Silicon Valley Chamber of Commerce San Luis Obispo Chamber of Commerce San Mateo County Association of Realtors Santa Clara Chamber of Commerce Santa Rosa Chamber of Commerce Silicon Valley Leadership Group Solano County Economic Development Corporation South Bay Association of Chambers of Commerce Southwest Legislative Council Sunnyvale Chamber of Commerce Temecula Valley Chamber of Commerce Valley Industry and Commerce Association (VICA) Ventura County Economic Development Association (VCEDA) Visalia Chamber of Commerce Working Assets Consumer Consumers First Consumers Coalition of California Civil Justice/legal Civil Justice Association of California Consumer Attorneys of California Ethnic NAACP, California State Conference National Coalition of Hispanic Organizations Los Angeles Metropolitan Hispanic Chamber of Commerce San Joaquin Valley Black Chamber of Commerce Greenlining Institute Healthcare California Nurses Association Physicians for Social Responsibility, Los Angeles Organized labor California Labor Federation, AFL-CIO American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME) California State Council of Laborers State Building & Construction Trades Council of California Service Employees International Union, California State Council California Teamsters Public Affairs Council California Association of Professional Employees, AFL-CIO Professional Engineers in California Government California Apollo Alliance Agriculture California Farm Bureau Federation Agricultural Council of California American Farmland Trust Imperial County Farm Bureau Kings County Farm Bureau Napa County Farm Bureau (More) Paid for by No on 90, Californians Against the Taxpayer Trap, a committee of taxpayers, educators, business, environmentalists, local govemment and public safety, the League of California Cities (Non-Public Funds, CITIPAC), and No on 90, Conservationists for Taxpayer Protection, a sponsored committee of the CA League of Conservation Voters www.NoProp90.com J-Y Infrastructure/TransDortation California Transportation Commission California Infrastructure Coalition California Transit Association Transportation and Land Use Coalition Metropolitan Transportation Commission American Society of Civil Engineers, California Chapter Riverside County Transportation Commission Public Interest League of Women Voters of California Western Center on Law & Poverty Public Advocates, Inc. Center on Policy Initiatives Friends Committee on Legislation of California Commonweal Institute San Francisco Planning and Urban Research Association Poverty Matters Communitv/Faith Based California Church Impact California ACORN Santa Monica Coalition for a Livable City San Francisco Human Services Network CHARO Community Development Corporation Lutheran Office of Public Policy - California Urban Habitat Preservation National Trust for Historic Preservation Pasadena Heritage West Adams Heritage Association Los Angeles Conservancy Housing Providers/Advocates Housing California California Housing Consortium California Housing Partnership Corporation California Coalition for Rural Housing Community Housing Partnership California Housing Authorities Association Housing Providers/Advocates (cont.) California Association of Local Housing Finance Agencies Non-Profit Housing Association of Northern California Council of Community Housing Organizations Coalition for Economic Survival Orange County Community Housing Corporation Creative Housing Associates San Diego Housing Federation San Francisco Tenants Union Oakland Tenants Union Santa Monicans for Renters' Rights Palo Alto Housing Corporation Eviction Defense Network Livable Places EAH Housing San Diego County Mobilehome Positive Action Committee Water Association of California Water Agencies Metropolitan Water District Los Angeles & San Gabriel Rivers Watershed Council Orange County Water District North Marin Water District Castaic Lake Water Agency Marin Municipal Water District Grassland Water District Friends of Locally Owned Water Santa Clara Valley Water District Yuba County Water Agency Western Municipal Water District Eastern Municipal Water District Elsinore Valley Municipal Water District Yolo County Flood Control & Water Conservation District Environmental The Nature Conservancy California League of Conservation Voters Audubon California The Ocean Conservancy National Wildlife Federation Natural Resources Defense Council Sierra Club California Center for Environmental Health (More) Paid for by No on 90, Californians Against the Taxpayer Trap, a committee of taxpayers, educators, business, environmentalists, local govemment and public safety, the League of California Cities (Non-Public Funds, CITIPAC), and No on 90, Conservationists for Taxpayer Protection, a sponsored committee of the CA League of Conservation Voters www.NoProp90.com ]- s- Environmental (cont.) California State Parks Foundation Defenders of Wildlife Environmental Defense Coastal Law Enforcement Action Network - CLEAN California Oak Foundation Planning and Conservation League Greenbelt Alliance Endangered Habitats League California Council of Land Trusts Environment California Center for Biological Diversity Steven and Michele Kirsch Foundation Association of Environmental Professionals California Council for Environmental and Economic Balance Trust for Public Land Sierra-Cascade Land Trust Council Bolsa Chica Land Trust Bay Area Alliance for Sustainable Communities Orange County League of Conservation Voters League of Conservation Voters of San Diego Committee for Green Foothills Bay Area Open Space Council Environmental Action Committee of West Marin Hills for Everyone Tuleyome Save Mount Diablo Sonoma County Conservation Action Marin Audubon Society Environmental Justice Coalition for Water Environmental Health Coalition Northcoast Environmental Center California Coastkeepers Alliance League to Save Lake Tahoe Ventura Citizens for Hillside Preservation Wildlife Corridor Conservation Authority Golden Gate Audubon Society Political Organizations California Democratic Party California Republican League Log Cabin Republicans San Francisco Women's Political Committee Financial Services California Public Securities Association MuniFinancial Government League of California Cities California State Association of Counties California Redevelopment Association California Special Districts Association American Planning Association, California Chapter American Planning Association, San Diego California Association of Local Agency Formation Commissions California Coastal Commission California Contract Cities Association Regional Council of Rural Counties California Park & Recreation Society California Association of Sanitation Agencies California Municipal Utilities Association Lake Shastina Community Services District Vandenberg Village Community Service District Paid for by No on 90, Californians Against the Taxpayer Trap, a committee of taxpayers, educators, business, environmentalists, local govemment and public safety, the League of California Cities (Non-Public Funds, CITIPAC), and No on 90, Conservationists for Taxpayer Protection, a sponsored committee of the CA League of Conservation Voters www.NoProp90.com }-&