10A Action 2008 0519 - Laserfiche WebLink

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CITY OF SAN LEANDRO STAFF REPORT DATE: May 15, 2008 TO: City Council FROM: John Jennanis, City Manager ,• ,. ~;~`~; SUBJECT PROJECT/PROJECT DESCRIPTION: APPROVED AND FORWARDED TO CITY COUNCIL ~` Jo :' Jermanis C'~'JVlanager MATTER OF SUPPORT FOR PROPOSITION 99 AND OPPOSITION AGAINST 98 ON THE JUNE 3, 2008 STATEWIDE BALLOT. SUMMARY AND RECOMMENDATION The League of California Cities is a co-sponsor of a measure appearing on the June 3, 2008 as Proposition 99, the Homeowners Protection Act. The League has requested member agencies to support this initiative and to oppose Proposition 98, the California Property Owners and Farmland Protection Act. The City Council guidelines regarding support for ballot measures states no formal position will be taken on measures that have not been initiated or sponsored by the City. However, the guidelines allow the City Council to take a position if the measure is co- sponsored by a member of an organization to which the City belongs. BACKGROUND Both Proposition 98 and 99 related to the use of eminent domain by State and Local Governments. The Attorney General's summary of each Proposition is as follows: Proposition 98. Official Title: Eminent Domain. Limits on Government Authority. Initiative Constitutional Amendment. • Bars state and local governments from taking or damaging private property for private uses. • Prohibits rent control and similar measures. • Prohibits deference to government in takings cases • Defines "just compensation." • Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. • Requires 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.