"Always vote for principle, and though you may vote alone, you may cherish the sweetest reflection that your vote is never lost."
John Quincy Adams, Sixth president of the United States (1767-1848)
STATE:
CAR Sponsored Bills signed by the Governor.
AB 2429 (Negrete McLeod), Real Estate Licenses, A CAR sponsored bill, which eliminates the "conditional" real estate license, has been signed by the Governor. Existing law provides two ways to qualify for a real estate salesperson license. The first option requires an applicant to take three real estate classes and then pass the salesperson exam to receive a four-year license. In the second option, an applicant takes only one class and then takes the exam. Should the applicant pass, they obtain a "conditional" license and may finish the rest of the required course work during the next 18 months of licensure while they engage in real estate licensed activity. AB 2429 will require all salesperson applicants, after September 30, 2007, to complete all three of their pre-license courses prior to taking the license examination. The Department of Real Estate reports that 85 percent of new licensees came in under the conditional license option. AB 2429 will increase the foundational knowledge of sales licensees entering the profession.
AB 1963 (Leslie) Real Estate Brokers License – A CAR sponsored bill, to require the same two years of “general real estate” experience for these “degree brokers.” Existing law requires most applicants for a brokers license, in addition to exam passage, to demonstrate a valid salespersons license and two years experience in general real estate. Current law also provides that the Real Estate Commissioner may grant a license to an applicant without real estate experience who has a degree from a 4-year college or university. This bill will not change the other mechanisms for demonstrating equivalency such as an individualized petition by a licensee from another state for recognition of his or her experience.
AB 2511 (Jones) Land Use Housing – A CAR co-sponsored bill which would amend the Permit Streamlining Act to apply to subdivisions with 49 percent of affordable housing, rather than the current requirement of 100 percent, and mandates local governments report to the state on their housing production in an effort to make sure that they can accommodate their share of the regional housing need for the ensuing 5 years. AB 2511 provides judicial relief for those who challenge local governments that refuse to disclose their plan for meeting the regional housing need to the Department of Housing and Community Development and would require the plaintiff to inform the Attorney General should a plaintiff sue the city or county alleging that government is not in compliance with state law. Additionally, the measure would clean-up the no-net-loss housing law by increasing enforcement options, and it would rename the “anti-NIMBY” law the “Housing Accountability Act,” while repealing the granny flat law (which is not used due to state law on “second” units). Developers should be able to rely on the standards throughout the local government review process and not have the rules arbitrarily changed during the process.
Other Bills of note:
SB 1613 (Simitian) Cell Phone Headsets.- Under this law, motorists will be required to use a headset, speaker phone, ear bud or other device that frees up both hands when they talk. Motorists who need to make emergency calls will be exempted. The law which will go into effect on July 1, 2008 would fine violators $20,00 for the first violation and $50.00 for each subsequent violation.
SB1716 (Bowen) Conservatorship. Provides additional oversight tools to the courts to try to prevent financial abuse and neglect of the elderly. The bill allows courts to review the conservatorship at any time, allows consideration of informal reports of abuse and requires investigators to closely inspect the quality of care being provided.
SB1550 (Figueroa) Conservatorship Oversite. Establishes a licensing and disciplinary scheme for people who are conservators or guardians for two or more people to whom they are not related
SB1116 (Scott) Conservatorship. Requires a more thorough review before someone under a conservator's responsibility is moved out of his or her own residence.
SOUTHERN CALIFORNIA
In a move which has ramifications and may reverberate through out California, the City of Escondido has voted in an ordinance under which landlords accused of renting to illegal immigrants would be required to provide the city with documentation proving their tenants are legal residents or face fines and possible jail time. The ordinance requires that anyone renting real property must offer proof of U.S. Citizenship or legal residency. The ordinance also permits anyone to report to the City of Escondido a person or property they suspect may be renting to those not legally in the U.S. If the renters are found to be in the country illegally, landlords would be required to remove the tenants within 10 business days, or have their business license suspended, meaning they could not legally collect rent or lease their property. Landlords who repeatedly violate the ban would face misdemeanor charges, which carry penalties of up to $1,000 and/or six months in jail. Legal analysts question whether the ordinance violates California’s Rumford and Unruh Housing laws, HUD and U.S. Fair Housing laws as well as the Equal Protection Clause of the 14th Amendment.
The ordinance will most likely be challenged in Court. REALTORS® are urged to seek legal advice on this matter.
REGIONAL
Los Angeles County
The California Public Utilities Commission has approved a request by Southwest Water Company for an increase of 6.4% and two more increases of 2.9% and 2.6%. The latter will become effective July 2007 and July 2008 respectively. The first rate increase will generate about $3 million a year for system improvements and will boost the average residential bill by $2.40 to $42.40. Southwest Water Company is the parent company of West Covina based Suburban Water Systems. Suburban Water Systems supplies water to a 41 square mile area which includes all or part of Glendora, Covina, West Covina, La Puente, Hacienda Heights, Industry, Whittier, La Mirada, La Habra and Buena Park.
LOCAL
AZUSA:
Squatters in a tent-community along the San Gabriel River have been moved by Azusa Police and Code Enforcement. The squatters located in a partially-hidden encampment near a bike trail off of Highway 39 were warned in early May that they would be asked to leave. The U.S Army Corps of Engineers which assisted indicated that cooking fires in the riverbed could set the tall, crackling brush on fire, and heavy rains could quickly fill the river and wash people away. Environmental concerns over human waste and other trash flowing from the encampment into the river would have the effect of polluting the region’s drinking water. Officials were working within the region to seek homeless shelters for those who were displaced.
COVINA:
The results of a City Commissioned survey shows voters may support keeping the existing 6 percent Utility Users Tax (UUT), but are staunchly against any increase to the city’s sales tax. The survey by Oakland-based Tramutola LLC showed that slightly more than 50 percent of likely Covina voters would approve keeping the utility tax levied on gas, electric, telephone, cable TV and other utility bills in the city. Fort-two percent of respondents would oppose keeping the tax. The UUT first implemented in 1992 is set to sunset in March 2009 and generates about $5.5 million or 20% of the city’s general fund revenues each year. Without the UUT Covina will be forced to ask voters to renew it at the polls or find other sources of revenue to maintain city services.
GLENDORA:
Voters soundly defeated a ballot initiative which would have allowed more than three hundred homes to be built on the site of the Glendora Country Club. With all precincts reporting, 11,260 voters or 91% of those who went to the polls voted “NO”. 1,171, or 9 percent voted “Yes”. Voter turnout was 44.3 percent. Under the initiative NJD development would have swapped 400 acres of hillside property it owns in Glendora and San Dimas with the Glendora Country Club, which would have gotten an 18 hole championship golf course on the property. City officials are considering purchasing the hillside property from NJD if the price is reasonable. The land would then be set aside as permanent open space.
INDUSTRY:
The City cleared all legal hurdles to begin working on plans for thousands of acres of undeveloped land it owns outside city limits. A state appellate court upheld a previous ruling that Industry did not intend to build a dam and bypass road in Tonner Canyon – a 525-acre parcel south of diamond Bar purchased in 2004. The City of Brea filed a lawsuit against Industry in 2004 over concerns that the parcel remain as open space. Over the past three decades Industry has spent more than $40 million buying more than 5,700 acres south of Diamond Bar and on the borders of Orange, Los Angeles and San Bernardino Counties. Industry purchased the 2,800 acre Tres Hermanos Ranch near Tonner canyon in 1978, 2,423 acres of the Firestone Scout Reservation from the Los Angeles Area Council Boy Scouts of America in 2001, and the 525 Acre Tonner Canyon in 2004. Industry officials are exploring using the land for recreational uses such as developing campsites and soccer fields.
ONTARIO:
Ground has been broken on the new Town Square project. Located along a 12 block area east of Euclid Avenue and north of Holt Blvd, the development is the culmination of years of efforts by the City. As planned the project will include 140 for-sale town homes, 160 apartment units, 171 for-sale lofts and 80,000 square feet of retail space. 76 units of senior housing for low-income residents will be provided along with a park and amenities. In order to create the project the city needed to take some properties by eminent domain, with property owners questioning their reimbursement. The city is also considering a scaled-down proposal for soccer fields near Whispering Lakes Golf Course. The new proposal which calls for eight fields on city-owned property next to the golf course, just north of the 60 freeway is the fourth attempt by Ontario to build a new youth sports complex at or near that location. Ontario owns Whispering Lakes which spans more than 100 acres of land both north and south of the freeway near Vineyard Avenue. The city met with substantial resistance from residents in he Whispering Lakes neighborhood.
POMONA:
Representatives of TELACU Development are asking the city to change the land use regulations for three pieces of property in the 1400 block of South Garey Avenue. If approved the land use would change from commercial to residential and enable TELACU to accommodate a 17 unit housing development. The city is also reviewing a proposed Civic Center Master Plan. The proposed master plan calls for the equivalent of a municipal re-design to the area bound by Mission Blvd to the north, Ninth Street to the south, Parke Avenue and Parcels St to the west and Gibbs St to the east. Two parking structures and additional spaces below the Civic Center would also be a part of the proposed plan. One parking structure would be build on city-owned property along Garey Avenue, south of Seventh St, and the other on the parking lot adjacent to the Pomona Superior Court building. City owned land in the area bound by Seventh, Garey, Ninth and Park would be used for retail, housing and a parking structure. A park as well as a school with a technology center could also be added. The city is also revisiting a 5 year old plan to build a $25 million conference center at the Fairplex. The plan to build a 40,000 square foot trade and conference center near the Sheraton Fairplex would be funded with a hotel assessment district. The city would contribute $7 million toward the project that would be paid back with fees hotel guests would pay. The city’s assistance would come from re-financing of existing revenue bonds. Fairplex has set aside $5 million for the project. If finalized the trade and conference center would hold regional conferences and shows for 200 to 400 people.
Faced with limited dollars and a pressing need to spruce up the city's older homes, Pomona may create a new redevelopment area composed mostly of residential neighborhoods. Four sections from different parts of the city could be added to the existing project area in order to use redevelopment dollars to invest in housing improvements. The following areas could be included in the city's redevelopment project area in order to use redevelopment funds for housing improvement projects:
Study Area A is generally bounded by Glen Avenue on the east, Elwood Avenue to the north then cross in a southeast direction to connect with Orange Grove on the south. Another part of the same area follows Orange Grove on the north, Huntington Boulevard on the west and Laurel Avenue on the south.
Study Area B is made up of the Westmont area and land roughly bounded by the 71 Freeway on the west, Garey Avenue on the east, Lexington Avenue on the south and Holt Avenue on the north.
Study Area C includes land generally bounded by Holt on the north, the 60 Freeway on the south, Garey on the west and Reservoir Street on the east with some pockets east of Reservoir.
Study Area D is bounded roughly by areas slightly north of Holt Avenue on the south, San Bernardino and American avenues on the north, San Antonio Avenue on the west and the Los Angeles-San Bernardino county line on the east.
RANCHO CUCAMONGA:
The Etiwanda School District has approved the creation of a community facilities district (CFD) that will bring taxes to fund two new schools. The CFD also known as a Mello-Roos District will tax the homeowners within the proposed district boundaries $2,241-$3,379 annually for about 30 years in addition to their property taxes and other property tax related fees. The Mello Roos will pay for Miller Elementary School currently under construction and another school in the planning stages. For specific boundaries of the Mello-Roos, REALTORS should contact the Etiwanda School District at: 909) 899-2451 Fax (909) 899-1235
Residents who opposed a Red Hill Condominium development are also opposing a mixed-use development project proposed near Foothill Blvd and Grove Avenue on a strawberry patch. The proposed development will include 13,000 square feet of office space, seven three story live/work units, 68 two and three story town houses and 23 detached single-family houses. The proposal requires General Plan Amendment change from 231 maximum units to 310 units. Neighbors are concerned that the development will create more traffic, and fear that the project will not be “classy”.
WEST COVINA:
A 10 acre parcel next to Shadow Oak Park will remain as open space. The Council voted unanimously in closed session to break off negotiations with the Rowland Unified School District which had been looking to purchase the property. Residents near the park had collected signatures in favor of keeping the property as open space, citing over concerns of what a school would do to their neighborhood and stated that they did not want any “riffraff” in their neighborhood. The city has assured residents that any future negotiations on what to do with the 10 acre parcel located at 2121 E. Shadow Oak Drive, would not be entered into with out consulting the public first.