Legislation Details

File #: HIST-4641    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 3/26/2007 Final action: 3/26/2007
Title: Issue #10 and Issue #11.
Attachments: 1. Issue #10 and Issue #11. - Priority Focus 3-9-07 Issue 10.pdf, 2. Issue #10 and Issue #11. - Priority Focus 3-16-07 Issue 11.pdf
March 9, 2007 Issue #10-2007 LEAGUE PUBLISHES ‘FIRST CUT’ LIST OF 2007 STATE LEGISLATION OF INTEREST TO CITIES For lobbyists in Sacramento, the beginning of the legislative New Year occurred on Friday, February 23 - the last day for legislators to introduce bills. Between the Senate and the Assembly, slightly less than 3,000 bills were introduced, providing League staff with a healthy dose of reading material as they work to uncover which measures are the most important to cities. For more, see Page 2. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• FEDERAL UPDATE: FCC ADOPTS RULES FOR VIDEO MARKET ENTRANTS The Federal Communications Commission (FCC) adopted a Report and Order and Further Notice of Proposed Rulemaking on Monday, March 5. The order establishes rules and guidance to implement a section of the Communications Act of 1934, which prohibits franchising authorities from unreasonably refusing to award competitive franchises for the provision of cable services. For more, see Page 2. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• ASSEMBLYMAN PEDRO NAVA VISITS WITH CITY LOBBYISTS Assemblyman Pedro Nava paid a visit to the League’s City Caucus meeting on Tuesday, March 6. Speaking to city lobbyists on a variety of topics, Nava focused primarily on the infrastructure bonds, noting the importance of looking at the development and design of projects from a broad perspective. For more, see Page 2. ALSO IN THIS ISSUE: Page 3: NLC 2007 Congressional City Congress Begins Next Week The League Grassroots Network: How is it Working? Page 4: All-Mail Ballot Bill is Introduced – AB 1654 (Huffman) Page 5: Institute for Local Government Receives Grant to Study Youth Commissions AB 1234 Reminder – Newly-Elected and Appointed Officials Must Be Trained! Page 6: Keeping Up: Kyra Ross Joins the League’s Lobbying Staff Have a Housing Success Story? Tell Us About It! Page 7: Find a Bill, Legislators, Leg Committee, - Or Ask League Leg Staff 2 ‘First Cut’ Continued from Page 1… As expected, there were many bills introduced on infrastructure bond implementation, land use, transportation, sex offenders, group homes, affordable housing, green building, crime, taxation, water supply and water quality, and other topics that will interest city officials. The League’s lobbying team has established a “first cut” of these bills that focuses on some of the more developed proposals that have been introduced. This list can be found at: www.cacities.org/firstcut. Please note that the link will not be active until the late afternoon (approximately 5 p.m.) on Friday, March 9. The list is intended to be a helpful guide to city officials trying to get a sense of the major proposals. Bill introduction, however, is just the opening move. Legislative rules require bills to be in print at least 30 days before they can be amended, and many measures change significantly after that point. League lobbyists will be analyzing these and other bills over the coming weeks, meeting with the various authors and staff to gather information, raise questions and communicate concerns. As necessary, the League will take positions and testify on these or other bills based upon our existing policies, recommendations of our policy committees and League Board, and will provide updates and action alerts through Priority Focus and our regional public affairs managers. League-Sponsored Legislation There are a number of bills that the League is sponsoring this year. For a listing of these bills, please see the story entitled “League-Sponsored Bill Packaged Introduced” that ran in the March 2 edition of Priority Focus. Cities are encouraged to review and support this legislation. ______________________________________________________________________ FCC Continued from Page 1… It’s important to note, however, that the order only applies to municipal level franchising, not state franchising. With the adoption of AB 2987 – which eliminated local franchising of video services – the order will not impact local government in California. The FCC concluded that the current franchising process contained unreasonable barriers to entry, including unreasonable build-out requirements, demands with respect to public, educational and government (PEG) access, and more. For more information, including the text of the order, visit www.fcc.gov. _____________________________________________________________________________ Nava Continued from Page 1… Overall, Nava was positive in regard to the infrastructure bonds, saying that they are much needed, but may not be enough to build California transportation infrastructure to the level it should be at. The assemblyman was very conscious of society’s shrinking level of patience, saying that in an age of hot pockets and microwave popcorn, voters want to see shovels in the ground soon. Although quick action may satisfy some voters, Nava advocated spending the bond funding effectively, so that when voters are asked to invest in infrastructure again, they will want to build on the success of the 2006 bonds. 3 In addition, Nava emphasized looking at projects to improve goods movement from a homeland security perspective. He also spoke with city lobbyists about the Regional Housing Needs Assessment (RHNA) process, and encouraged stakeholders to talk with him about their perspectives on the topic. Nava was first elected to the State Assembly in 2004, and came to the Legislature with years of experience as a medical malpractice defense attorney. He currently serves in the following capacities: • Chair of the Assembly Transportation Committee • Vice Chair of the Joint Committee on Emergency Services and Homeland Security • Member of Appropriations Committee • Member of the Committee on Environmental Safety and Toxic Materials • Member of the Water Parks and Wildlife Committee _____________________________________________________________________________ NLC 2007 Congressional City Conference Begins Next Week The National League of Cities (NLC) 2007 Congressional City Conference takes place next week, beginning on March 10, and running through March 14 in Washington D.C. The League of California Cities has a variety of important events scheduled during the conference, including a reception on March 12. California City officials that are attending the NLC conference should mark their calendars for the following activities: • Monday, March 12 – League of California Cities Reception. This event will take place from 6 p.m. to 7:30 p.m. at the Lincoln East, Washington Hilton – Concourse Level. • Tuesday, March 13 – Capitol Hill Reception for California Delegation and Membership. A reception for California city officials and the California Congressional Delegation will be held at the Longworth Cafeteria from 5:30 p.m. to 7 p.m. Meeting with Sen. Barbara Boxer. The time is yet to be determined and the location will be announced during the League’s reception on March 12. • Wednesday, March 14 – Roundtable Discussion with California Congressional Delegation – Issue: Homeland Security. This hour-long discussion will begin at 10 a.m. in Room HC-5 at the Capitol. If you have any questions, please contact Genevieve Morelos at gmorelos@cacities.org or (916) 658-8254. _____________________________________________________________________________ The League Grassroots Network: How Is It Working? Last week, randomly selected mayors, council members and city managers received in the mail a request from the League to participate in a survey to evaluate the League’s Grassroots Network. If you were selected for the survey, you are one of a limited number of city officials asked to participate. Your response is very important. Veteran city officials will remember that in 2001, the League membership overwhelmingly approved an amendment to the League bylaws to create the Grassroots Network, including adding 16 regional representatives to the staff. The membership concurrently approved a dues 4 increase to finance the program. These actions also stipulated that before the end of 2007, the membership would vote again on whether the Grassroots Network should be continued. The voting will occur during the annual conference in Sacramento, on Sept. 5-8. The League has engaged APCO Insight, an independent research firm, to conduct a confidential opinion survey to help the League understand members’ expectations and attitudes towards the League’s legislative and ballot measure advocacy, especially grassroots activities. This is the third in a series of surveys conducted to evaluate the Grassroots Network. A baseline was established in 2001 and a survey to measure progress was conducted in 2004. This year’s survey will assess how members view the contributions of the Grassroots Network before a decision is made concerning the future of the program. If you received a questionnaire, please complete it promptly. The questionnaire may be completed in hard copy and mailed to the research firm in a postage-paid envelope, or it may be completed online through the Web site address provided in the questionnaire. A thoughtful response will take approximately 15 minutes and would be greatly appreciated as we evaluate the program. Editor’s Note: If you have questions about this project (or if you were not selected but would like to participate) please contact either Dan Harrison at the League at (916) 658- 8267 or dharrison@cacities.org, or Chrystine Zacherau with APCO Insight at (202) 778- 1000 or czacherau@apcoinsight.com. ____________________________________________________________________________ All-Mail Ballot Bill is Introduced – AB 1654 (Huffman) Assemblyman Jared Huffman (D-San Rafael) recently introduced Assembly Bill (AB) 1654, a measure that if passed, would permit an all-mail ballot election as an option in a general law city. All-mail ballots are not a new topic within the State Legislature. Previous measures dealing with this issue have not met with a great deal of success. Given the costs that cities must endure with precinct elections (training of poll workers, equipment rental, hiring field supervisors, etc.), local governments continue to support all-mail ballot efforts. The League of California Cities will work with Assemblyman Huffman to flesh out the merits of all- mail ballots. Vote by mail through absentee ballots is quickly becoming the preferred choice among California voters. The percentages have reached beyond the 40 percentile of those casting votes in statewide elections with some communities exceeding the 50 percent mark. Discussions have commenced between the League, the City Clerks Association of California (CCAC), labor and members of the Legislature regarding this topic. At the present time, the prospect of an all-mail ballot reaching the Governor’s desk is still unknown. The League is committed to supporting an all-mail ballot measure, and is interested in all feedback on the issue - whether in support or in opposition. Letters of support for AB 1654 can be sent to Mr. Huffman’s office with a copy to P. Anthony Thomas at the League office. Letters of support should be sent to the members of the Assembly Elections Committee. Those members are: • Curren D. Price (chair) • Anthony Adams (vice chair) • Mark Leno • Lloyd E. Levine • Roger Niello • Lori Saldaña 5 Copies of those letters should also be sent to Assemblyman Huffman’s office at the following address: The Honorable Jared Huffman State Capitol Building, Room 4139 Sacramento, CA 95814 RE: AB 1654 (Huffman) SUPPORT The first eligible date that AB 1654 can be heard is March 27. If it isn’t heard on that day, the bill will likely be heard on April 17 in the Assembly Elections Committee. _____________________________________________________________________________ Institute for Local Government Receives Grant to Study Youth Commissions The Institute for Local Government (ILG), the League of California Cities and California State Association of Counties’ nonprofit research arm, has received a $50,000 grant from the Surdna Foundation in New York to support the effective development of youth commissions in California. ILG’s Collaborative Governance Initiative will draw on the experiences of local city and county youth commissions to produce a Local Officials Guide to Developing Effective Youth Commissions. A statewide roster of these commissions will be prepared as a resource for local agencies. In addition, case studies of commission activities will be compiled and added to the ILG’s Web site. Web dialogues for local youth commissioners around the state will also be organized to allow communication and learning among these civically-engaged young people. If you are developing a new youth commission, please contact Chantal Kurpiewski at ckurpiewski@cacities.org to add it to the growing list of such efforts that will appear on the ILG Web site. A session on developing effective youth commissions will be presented in July at the upcoming Mayors and Council Members Executive Forum in Monterey. _____________________________________________________________________________ AB 1234 Reminder – Newly-Elected and Appointed Officials Must Be Trained! If your city has newly-elected and appointed officials, they need to receive AB 1234 ethics training within one year of taking office. A great opportunity to satisfy this requirement exists at two of the League of California Cities’ upcoming events. The League is offering a session at the Planners Institute in San Diego next week and will do the same in July at the Mayors and Council Members Executive Forum in Monterey. In addition, there are self-study and online options available. For more information about compliance options, including ILG’s “Frequently Asked Questions” (F.A.Q.) on AB 1234’s requirements, please visit www.ca-ilg.org/ab1234compliance. Information on League events is available at www.cacities.org/events. Institute for Local Government 2007 Ethics Program Benefactors ILG is very grateful to the following firms for supporting its work to develop and disseminate resources on public service ethics in 2007, including the update of ILG’s popular Ethics Law Reference (www.ca-ilg.org/elr) publication. • Best Best & Krieger LLP • Hanson Bridgett Marcus Vlahos & Rudy, LLP • Kronick, Moskovitz, Tiedemann & Girard • Liebert Cassidy Whitmore • Meyers Nave 6 • Richards, Watson and Gershon For more information on ILG’s ethics-related resources, please visit www.ca-ilg.org/trust. _____________________________________________________________________________ Keeping Up: Kyra Ross Joins the League’s Lobbying Staff The League of California Cities is pleased to announce that Kyra Ross has joined its staff as a Legislative Representative. Ross will be taking over for Yvonne Hunter, working on environmental quality, community services and other issues. Coming to work at the League is a familiar road for Ross. From 1995 to 1997, she worked as a paid intern with the Institute for Local Government (the League and California State Association of Counties’ nonprofit research arm) running their Smoke Free Cities grant project and a project on CalFed and Water engaging cities on water supply issues. Over the past decade, however, Ross has been employed in the State Legislature, most recently serving as chief consultant with the Assembly Natural Resources Committee. During her time with the Committee, Ross focused primarily on air quality, waste and energy issues. Some of the key pieces of legislation she has been involved in the drafting and passage include greenhouse gas emissions, electronic waste, solid waste diversion, beverage container recycling, and renewable energy. Prior to her work in the Natural Resources Committee, Ms. Ross worked for former Assembly Speaker Cruz Bustamante and former Assemblywoman, now Senator, Carole Migden. “Kyra brings a wealth of technical knowledge to the League’s environmental quality policy area and has great contacts in the Legislature, said Dan Carrigg, legislative director of the League. “We’re excited to have her aboard and look forward to a productive year.” Ms. Ross is a graduate of the University of California, Davis, and lives in Sacramento with her husband and two children. Kyra can be reached at (916) 658-8252, or kross@cacities.org. _____________________________________________________________________________ Have a Housing Success Story? Tell Us About It! Focus on Housing, the League of California Cities’ electronic monthly housing newsletter, is seeking new housing success stories to profile for its upcoming issues. Has your city redeveloped a blighted or underused site with new affordable housing in the past two years? If so, we want to know about it. Typical housing success stories published in Focus on Housing range between 250-400 words, and include “before and after” photos to illustrate the property’s change. For an example of one of the newsletter’s success stories, visit www.imakenews.com/focusonhousing and read “Las Brisas Helps Revitalize South Los Angeles.” Questions and submissions should be sent to League Communications Specialist Brian Heaton at bheaton@cacities.org. _____________________________________________________________________________ 7 Find a Bill, Legislators, Leg Committee – or Ask League Leg Staff Visit (and bookmark!) the League’s Legislative Resources Web page (www.cacities.org/legresources). You’ll find a roster and contact information for the League’s legislative staff; the online Bill Search program, background materials on lobbying your legislators, and more. _____________________________________________________________________________ WANT MORE DETAILS ON BILLS? Visit the League of California Cities website at www.cacities.org/ billsearch. Public Employee Post-Retirement Benefits Commission Meets at State Capitol Early Registration Open for Legislative Action Days Reminder: California Summit for Safe Communities to Be Held Next Week! Find a Bill, Legislators, Leg Committee – or Ask League Leg Staff ???????????????????????? ?????????????? ??????????????????????? ??????????????? March 16, 2007 Issue #11-2007 Page 2 Page 3 Page 5 LEAGUE ENCOURAGES CITIES TO OPPOSE SB 303 Measure Would Require Upfront Zoning for 10-Y ear Housing Supply Responding to California’s growth challenges requires new thinking and new ideas. California continues to grow at a rate of over 500,000 new resi- dents each year, adding further traffic congestion and a variety of environmen- tal and infrastructure issues. That’s why the League of California Cities is asking cities to support SB 934. For more, see Page 3. CITIES URGED TO SUPPORT SB 934 Bill Would Improve Long-T erm Infill Infrastructure Financing Sen. Barbara Boxer (D-Calif.) and California Congressional Delegation Co- Chairs Zoe Lofgren (D-San Jose) and David Dreier (R-Glendora) were each honored by the League of California Cities with special recognition awards this week, during the National League of Cities Congressional City Conference in Washington, D.C. For more, see Page 6. FEDERAL UPDATE: BOXER, DREIER AND LOFGREN HONORED BY THE LEAGUE OF CALIFORNIA CITIES Spring is in the air in Sacramento, which means the next round of proposed changes to the Housing Element Law are getting their first look in the State Legis- lature. The bill that is attracting the most attention is SB 303 (Ducheny), a mea- sure that would overhaul the process in which local agencies must plan for and accommodate their Regional Housing Needs Assessment (RHNA) number. For more, see Page 4.Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS March 16, 2007 - Issue #11 Early registration is now available for the League of California Cities’ Legislative Action Days, which will be held on May 16-17 at the Sheraton Grand Hotel in Sacramento. This is a unique opportunity to meet one-on-one with legislators and join your fellow elected officials and leaders around the state for a briefing on key legislative issues. Among the scheduled activities are two pre- session discussions hosted by the League’s diversity caucuses – Civic Engagement by the Latino Caucus and the State of Black California by the African American Caucus. In addition, there will be general sessions covering infrastructure bond implementation, budget issues and pending legislation; and keynote speakers from the Schwarzenegger Administration and the Legisla- ture. Registration is free and available online at www.cacities.org/events, along with a tentative schedule of events and speakers. The registra- tion deadline is May 10 and there will be no on-site registration. Please note, however, that the housing reservation deadline is April 23. EARLY REGISTRATION OPEN FOR LEGISLATIVE ACTION DA YS The initial hearing of the Public Employee Post-Retirement Benefits Commission took place on Friday, March 9, in Sacramento at the State Capitol. Chairman Gerald Parsky provided an overview of the commission’s goals and reminded the commission on the opportunity it has to rec- ommend a significant policy fix to the pension and healthcare liabilities that face California. During the meeting, Chairman Parsky pointed out that the commission was not there to make policy but to examine how the state arrived at its current liability problem and to come up with the most prudent and fiscally responsible solution. The commission also discussed separating pensions from healthcare to better evaluate remedies for both situations. Public participation was stressed and encour- aged throughout the meeting, with various repre- sentatives addressing the commission during the first public comment segment of the meeting. A brief round-up of those comments is summarized below: • Consider changing new hires to a defined contribution (DC) plan and raining the retirement age to 62 • Not making changes for current retirees and employees, but increasing the retirement age to 65 for non-public safety employees and setting the retirement age for public safety personnel at 55, with a minimum service of 30 years to be eligible for full retirement • Focusing on the facts and ignoring the rhetoric in this highly charged issue • Not making employees the victims during this process and not basing findings on a narrow view of a few bad years of the economy/stock market In addition, the Attorney General’s office gave the commission an overview of the Bagley-Keene PUBLIC EMPLOYEE POST-RETIREMENT BENEFITS COMMISSION MEETS AT STATE CAPITOL Open Meeting Act that will apply to the commission’s deliberations. The commission’s executive director will be Anne Sheehan, chief deputy director of the State Department of Fi- nance. Meetings will be conducted throughout the state, with a schedule to be released shortly. Local government representatives on the commission are Anaheim Mayor Curt Pringle and Tulare County Supervisor Connie Conway. Fur- ther updates on this process will be reported in Priority Focus as events develop. ????????? ??????????????PRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org March 16, 2007 - Issue #11 The California Summit for Safe Communities will take place next week, on March 19 at the Radisson Hotel in Sacramento. Registration and further information is available online at www.cce.csus.edu/summit. The summit is the result of a recommendation from the Governor’s High Risk Sex Offender and Sexually Violent Predator (HRSO/SVP) Task Force. On December 1, 2006, the task force recommended that the Governor, League of California Cities, and the California State Associa- tion of Counties (CSAC) should sponsor a state- wide summit to specifically address the place- ment and housing of sex offenders. The League encourages mayors, council members, city managers, city attorneys, and city planners to attend this event. (Police chiefs will also attend the summit, with the California Police Chiefs Association designating who will represent their organization.) There is limited seating for the summit, so please make sure to register as soon as possible. The registration cost for the summit is $75, which includes an informational binder, breakfast, and lunch. If you have any questions regarding the Cali- fornia Summit for Safe Communities, please contact League Legislative Analyst Leticia Farris at lfarris@cacities.org. REMINDER: CALIFORNIA SUMMIT FOR SAFE COMMUNITIES TO BE HELD NEXT WEEK! SB 934 is a bill that would create a voluntary pilot-project with a local-state partnership to provide high density housing through the creation of 100 housing/infill districts statewide. Under the bill, housing projects must be consistent with regional planning objectives and allow construction of more than 500 units of housing with an average net density of 25-40 units per acre, with 20 percent of the housing affordable to low- and moderate-income families. A League- sponsored measure, SB 934 was authored by Sen. Alan Lowenthal, chair of the Senate Trans- portation and Housing Committee. SB 934 is the type of fiscal mechanism that must be in place over the long term if larger portions of our population growth are to be ac- commodated within existing urban centers rather than the suburban fringe. While both state and local governments welcome the historic investment in infrastructure contained in Propositions 1B through 1E and 84, it is clear that many of these funds will be con- sumed addressing existing infrastructure deficits. SB 934 is designed to complement the state’s investment in transit and other infrastructure approved by the voters (such as Prop.1B and 1C) with an additional longer-term financing mecha- nism (that can be funded initially in 2011). The measure would promote the development of higher density development patterns and preserve important open space and farmland resources. SB 934 would also allow the state to pace the roll-out of this program in a manner that matches state budget priorities and revenue availability over the years. Specifically, Section 64115(e) autho- rizes the State Infrastructure Bank to “approve one or more applications for housing and infrastruc- ture zones.” This non-mandatory language is intended to provide the state program and budget flexibility. Cities are encouraged to send letters support- ing this legislation, and to thank Sen. Lowenthal for trying to offer “carrots” instead of “sticks” to assist local governments develop infill housing. Sample letters and more information on the measure are available by looking up SB 934 at www.cacities.org/billsearch. ???????????????????????? SB 934 from page 1 ???????????????????????? ?????????????????????????Visit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS March 16, 2007 - Issue #11 This Building Industry Association (BIA)-spon- sored bill is an attempt to create more certainty in the entitlement process for developers, which in itself may be a worthy policy goal. The bill’s approach is flawed, however, because like so many state man- dates, SB 303 creates a narrow “one-size-fits-all” solution that will be difficult to unworkable in many cities and counties because it takes the seriously broken existing RHNA process and simply makes its much, much worse. SB 303 would double the planning period (from five to 10 years) for the RHNA. At the same time, the bill would require local agencies to pre-zone their housing need for the entire 10-year period. In addi- tion, SB 303 would require that every single site be analyzed to ensure that the size, configuration, use, physical and environmental characteristics, adjacent uses, market demand, and infrastructure will “realisti- cally accommodate” the planned density of the parcel. As a result, each site will have to be visited and surveyed for all of these characteristics. It will be a massive and costly mandate that will make infill housing less feasible in the future because of the higher infrastructure and other public and private costs associated with them. The effect of this bill will be to undercut popular local and regional efforts in recent years to steer housing development to infill areas. League Position The League opposes SB 303 because it is an expensive mandate that will discourage infill develop- ment, encourage sprawl, and penalize all cities— urban, suburban and rural—and dramatically under- cut local control of residential development in the future. Further, the measure fails to balance this empha- sis on housing with other important state and local planning priorities, such as protecting open space and farmland, improving air quality, promoting infill- centered development, manufacturing and high-tech job development and maximizing the investment in existing infrastructure. Potential Impact of SB 303 Below is a technical summary of SB 303’s impact on local governments if passed: • Analyze and Pre-Zone 10-Year Supply of Land For Residential Development. Requires every single site identified for a 10-year supply of land for housing to be analyzed by the local govern- ment to ensure that the size, configuration, current use, physical and environmental constraints, ac- cess, location, adjacent use…planned availability of infrastructure and services will ”realistically accom- modate” the density zoned for the parcel. This will be a massive and costly undertaking. Each site in a community would have to be visited and surveyed for all of the above listed issues. Once analyzed, the 10-year supply will have to be zoned properly for that type of housing development. • Encourages Sprawl and Discourages Infill and Transit-Oriented Development (TOD). Requires the local government to attest that for each site there exists “market demand for the density and type of housing.” This will not only be costly, it will also create a lowest-common-denominator focus on housing. Private developers often maintain that infill development “does not pencil out” while traditional subdivisions on the edge of cities do. This will undercut local and regional efforts to steer housing development to infill areas, promote transit oriented development, and develop and incentivize regional blueprints for guiding growth. • Discourages Public Involvement. Re- moves opportunities for public comment and review by locking in planning and zoning on each site for 10 years, and allowing only changes consented to by the developer, or through a narrow health or safety finding which may only be adopted by a four-fifths vote. This places significant barriers to community participation in the planning process. ????????????????????????????????? ???????????????? SB 303 from page 1 Continued on Page 5PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org March 16, 2007 - Issue #11 For example, a resident would have needed to be present at a hearing on the adoption of a housing element for the entire city to have any voice about a development in their neighborhood. A building could be built in 2018, based upon a public discussion that occurred in 2008. • Trial Lawyers Win While Taxpayers Lose. Establishes the ability of all developers to collect attorney’s fees against local agencies when they prevail in litigation on these matters, but provides nothing to the local tax payers when the public agency prevails. This is a bad precedent that provides significant leverage to private interests over the interests of a community and the taxpayers. SB 303 provides incentives to litigate and can have an intimidating effect especially over small communities which may lack the resources to defend themselves. • Forces Increases in Local Development Fees For Planning. Requires all general plans to be updated every 10 years, but provides no funding to pay for it. A comprehensive update of a local general plan for a small community costs approximately $500,000, and for larger cities and counties the costs can soar to $5 million. That figure does not include the costs of the site- by-site analysis and other requirements of this bill. With 478 cities and 58 counties, the costs imposed by this measure will likely exceed $500 million. This legislation states that these costs can be recovered by local governments through fees. While greenfield developers may be able to offset these costs, local governments in urban and infill areas will likely face significant cost burdens on their general funds because of a lack of developer interest in building in their communities due to deteriorated infrastructure, concerns about crime and school quality, and other issues. • Prevents Safeguards Against Future Sprawl. Clarifies that even if all the above sites (10 years worth of sites) are identified and verified and supported by market surveys, and local govern- ments have incurred all the costs to make them available, that nothing in the legislation shall be interpreted to affect existing laws with respect to housing development outside of these areas. This is surely sprawl and growth without limits—which many people believe will contribute to further global warming. Finally, it should also be noted that housing starts have declined in the last year due to market forces, and home builders are not starting new home construction even when they have all local approvals and permits. Would they do any differently with double the land supply available? The League remains committed to working with the author and sponsor on incentive-based legisla- tion that will increase certainty for home builders while also increasing the supply of affordable hous- ing. That offer is still on the table, and we hope to have the opportunity to work on housing amend- ments that will work for home builders, cities and our residents. For more information and a sample opposition letter on SB 303, visit www.cacities.org/billsearch and look up the measure. Further updates on this legislation will appear in future editions of Priority Focus. Questions should be directed to League Legislative Representative Bill Higgins at bhiggins@cacities.org or Legislative Director Dan Carrigg at dcarrigg@cacities.org. ???????????????????????? ????????????????????????? SB 303 from page 4 Visit (and bookmark!) the League’s Legislative Resources page (www.cacities.org/legresources). You’ll find a roster and contact information for the League’s legislative staff; the online Bill Search program, background materials on lobbying your legislators, and more. FIND A BILL, LEGISLATORS, LEG COMMITTEE – OR ASK LEAGUE LEG STAFFVisit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS March 16, 2007 - Issue #11 Sen. Boxer was honored by the League on Tuesday, March 13, inside the chamber of the Senate’s Environment and Public Works Committee, where she received an award from the League for being the first woman to chair the committee. In receiving the award, the senator pledged to work with cities to increase energy efficiency and reduce greenhouse gases. Representatives Lofgren and Dreier were recognized for their continued dedication to the federal priorities of California cities on Wednesday, March 14, at the League’s annual California Delega- tion Roundtable event. “Sen. Boxer, Representatives Dreier and Lofgren have served California with integrity and conviction,” said League Executive Director Chris McKenzie. “We’re proud to honor them for their continuing work and achievements.” The California Congressional Delegation hosted the roundtable event, which was focused on one of the League’s major policy priorities, Homeland Security and Emergency Preparedness. Representatives Loretta Sanchez (D-Garden Grove), George Radanovich (R-Fresno), Darrell Issa (R-Vista), and Brian Bilbray (R-San Diego) also addressed the League on the importance of risk- based funding for homeland security grants, moving forward on the challenge of interoperable communica- tions between various jurisdictions during emergen- cies, and local control and involvement in creating effective policies for responding to disasters. In addition, the League heard from an expert panel on the subjects of homeland security and disaster preparedness, including speakers from the Department of Homeland Security’s Office of Grants and Training, and the House Committees on Home- land Security, and Transportation and Infrastructure. While in Washington, D.C., the League’s executive officers had the opportunity to meet with key legisla- tors to discuss the League’s Federal priorities includ- ing - affordable housing, transit-oriented development, the Internet-tax moratorium, public safety and disaster preparedness. The meetings were very successful and the officers look forward to continuing to work with members of Congress to advance these priorities as the first session of the 110th Congress continues. For the federal priority issue papers used during the meetings, visit www.cacities.org/federalresources. FEDERAL UPDATE from page 1 ??????? ????????????????????????????????? From left to right: San Diego Council Member Scott Peters, Congressman Xavier Becerra, League President Maria Alegria, League First Vice President Jim Madaffer, League Second Vice President Ron Loveridge, and League Executive Director Chris McKenzie. League President Maria Alegria presents Congressman Dreier with his award.