REPLY BRIEFS TO AMICI BRIEFS FILED IN CRA/LEAGUE LAWSUIT; GOVERNOR ACTS ON REDEVELOPMENT-RELATED LEGISLATION Replies to the arguments in the amicus briefs filed September 30 were filed Friday, meeting the Supreme Court’s deadline. All deadlines set by the Court have been met; the next major milestone will be the announcement of a date for oral arguments. CRA will keep its Members posted as soon as that occurs.
CRA and the League of California Cities filed a response to the briefs supporting the State’s position. This reply and the State’s reply brief are posted on the CRA website under AB 1X 26/27 INFORMATION . Several amicus briefs on CRA v. Matosantos filed by the Supreme Court’s September 30 deadline supported the CRA and League of California Cities challenge to the constitutionality of AB 1X 26 and 27. The organizations filing briefs to support CRA and League’s case against the State include:
These are also posted on the CRA website at AB 1X 26/27 INFORMATION.
- County of Riverside;
- Association of Bay Area Governments joined by cities (five), and redevelopment agencies (fifteen);
- Community Redevelopment Agency of the City of Los Angeles, Southern California Association of Non-Profit Housing, and Betty Yee, member of the California Board of Equalization;
- California Affordable Housing Law Project of the Public Interest Law Project, California Rural Legal Assistance, Inc., Legal Services of Northern California Public Counsel , and Western Center on Law and Poverty;
- Coalition of Southern California cities (nine), redevelopment agencies (nine), and private parties (two);
- Association of California Cities—Orange County;
- County of San Bernardino;
- City of Irvine; and
- Long Beach Central, West, and North Project Area Committees.
GOVERNOR ACTS ON REDEVELOPMENT-RELATED LEGISLATION Last week the Governor vetoed two redevelopment-related bills, SB 1X 8 (Budget Committee) and SB 450 (Lowenthal), because “it would be premature“ to enact legislation on issues currently before the CA Supreme Court.
SB 1X 8 is the only one of the AB 1X 26/27 “clean-up” bills to pass both the Assembly and Senate. On October 3, the Governor vetoed SB 1X 8, noting that the “Until the court issues its ruling in [CRA v. Matosantos], it would be premature to consider the modifications proposed in the bill.” CRA did not take a position on SB 1X 8, which contained provisions making “technical, clarifying, and conforming changes” to AB 1X 26-27 as well as provisions that lessen the impact of these bills on redevelopment agencies and their cities and counties that have formed redevelopment agencies. SB 450 (Lowenthal) contained Low- and Moderate-Income Housing Fund (LMIHF) reforms that CRA worked throughout the legislative session to reach agreement on with Senator Alan Lowenthal, the bill’s co-sponsors, and housing interest groups. The bill had passed the Senate, 39-0, and the Assembly, 74-0. On October 4, the Governor vetoed it stating that “this bill is a little ahead of its time.”
The Governor signed AB 1338 (Hernandez R) into law on September 20, which CRA supported as it puts a redevelopment best practice into law. The bill is now Chapter 299, Statutes of 2011. AB 1338 requires an independent third-party appraisal of property acquired by local redevelopment agencies to determine fair market value. CRA will post on its website a comprehensive legislative bill report later this week on legislation we followed during the 2011 Legislative Session.