Friday, March 9, 2007




DECEMBER 4, 2006

In its current hysteria to solve a problem that has been growing over years, the government is abandoning the people, the citizens, it has contracted to serve! The taxpayer has a right to expect provisions and protections, including zoning protections, from all areas of its government.

Let’s take a breath, step back and proceed more mindfully in establishing care facilities for the homeless - let’s make sure that one solution doesn’t create additional problems. Let’s also ask that the author of SB2 define the powers of local government more clearly and tightly so the intent of the Bill is not abused by self-serving local politicians and the agencies who support and serve them.

The government may not use the revenues collected to abuse and endanger its citizenry and that is what it is doing by not proceeding in a thoughtful, careful manner to resolve the problem of homelessness while protecting the lives and well-being of the citizenry it is supposed to serve.

BILL NUMBER: SB2 AMENDED “This is an act to amend sections 65582, 65583, 65583.2, and 65589.5 of, and to add Section 65852.12 to, the Government Code, relating to local planning.

It appears Senate Bill 2 is a precursor to eminant domain. If it passes, local government agencies will be allowed to set aside your zoning protections as a “use by right” in the interest of establishing emergency shelters and transitional housing facilities for the homeless.

“Use by right”, as defined in SB2, means existing zoning laws and protections for the community do not take precedence.

City agencies can appoint groups to inspect and evaluate both developed and undeveloped residential and commercial properties to determine sites for such housing facilities. City agencies can choose organizations to administer these sites and are allowed to offer “regulatory concessions” and “incentives” for the development of these shelters.

California Constitution provides that the State reimburse local agencies and school districts for certain costs mandated by the State. SB2 provides that no reimbursement is required concerning this Act.

Later in the Bill, local agencies are given the right to “levy exaction” to compensate for increased costs , “nothing in this ...shall be construed to prohibit a local agency from imposing fees and other exactions other wise authorized by law that are essential to provide necessary public services” (presumably these exactions will be directed to the taxpayer).

Although the SB2 says CEQA (California Environmental Quality Act) provisions cannot be ignored, it states that impact studies or findings inclluding sewers, public water systems, dry utilities do not have to be identified on a “site-specific” basis..

Throughout the SB2 languager, the author of the Bill states that governmental constraints must be set aside where they may interfere with the building of shelters and transitional housing. The Law requires that a local agency not disapprove a housing development project in a manner that renders that project infeasible for development.

Homelessness has reached crisis proportions throughout this nation. SB2 states there are 360,000 homeless in the State of California. But hasty solutions such as the 5-year plan proposed in SB2 are dangerous to all. Placing housing which SB2 acknowledges will include the “mentally ill”, “substance abusers”, “released criminals” in the middle of existing communities, near schools , homes and business is a prescription for disaster.

Write your representatives.
Write the Governor.
Let them know how you want them to respond to the presentation of this Bill: SB2 on or before its scheduled hearing on March 27th.


Contact State Senator Gilbert Cedillo

Capitol Office
State Capitol, Room 5100
Sacramento, CA 95814
Phone: (916) 651-4022
Fax: (916) 327-8817

District Office
617 South Olive Street
Suite 710
Los Angeles, CA 90014
Phone: (213) 612-9566
Fax: (213) 612-9591

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