Legislation Details

File #: HIST-2523    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 5/22/2006 Final action: 5/22/2006
Title: Issues #18 and #19 dated May 5, 2006, and May 12, 2006.
Attachments: 1. priority focus bulletin.may5.pdf, 2. Priority focus-5-12-06.pdf
May 5, 2006 Issue #18-2006 WANT MORE DETAILS ON BILLS? Visit the League of California Cities website at www.cacities.org/ billsearch. NOW AVAILABLE! THE 2006 CALIFORNIA MUNICIPAL LAW HANDBOOK NOW AVAILABLE! THE 2006 CALIFORNIA MUNICIPAL LAW HANDBOOK NOW AVAILABLE! THE 2006 CALIFORNIA MUNICIPAL LAW HANDBOOK NOW AVAILABLE! THE 2006 CALIFORNIA MUNICIPAL LAW HANDBOOK NOW AVAILABLE! THE 2006 CALIFORNIA MUNICIPAL LAW HANDBOOK STATE CONSERVATION DEPARTMENT ANNOUNCES BEVERAGE CONTAINER RECYCLING STATE CONSERVATION DEPARTMENT ANNOUNCES BEVERAGE CONTAINER RECYCLING STATE CONSERVATION DEPARTMENT ANNOUNCES BEVERAGE CONTAINER RECYCLING STATE CONSERVATION DEPARTMENT ANNOUNCES BEVERAGE CONTAINER RECYCLING STATE CONSERVATION DEPARTMENT ANNOUNCES BEVERAGE CONTAINER RECYCLING GRANTS GRANTS GRANTS GRANTS GRANTS CCS PARTNERSHIP “STRETCHING COMMUNITY DOLLARS” WORKSHOP IN CLAREMONT CCS PARTNERSHIP “STRETCHING COMMUNITY DOLLARS” WORKSHOP IN CLAREMONT CCS PARTNERSHIP “STRETCHING COMMUNITY DOLLARS” WORKSHOP IN CLAREMONT CCS PARTNERSHIP “STRETCHING COMMUNITY DOLLARS” WORKSHOP IN CLAREMONT CCS PARTNERSHIP “STRETCHING COMMUNITY DOLLARS” WORKSHOP IN CLAREMONT WATER BOARD ADOPTS WASTE DISCHARGE REQUIREMENTS FOR SEWER OVERFLOW WATER BOARD ADOPTS WASTE DISCHARGE REQUIREMENTS FOR SEWER OVERFLOW WATER BOARD ADOPTS WASTE DISCHARGE REQUIREMENTS FOR SEWER OVERFLOW WATER BOARD ADOPTS WASTE DISCHARGE REQUIREMENTS FOR SEWER OVERFLOW WATER BOARD ADOPTS WASTE DISCHARGE REQUIREMENTS FOR SEWER OVERFLOW SYSTEMS SYSTEMS SYSTEMS SYSTEMS SYSTEMS LEAGUE LEGISLATIVE ACTION DAYS, MAY 17-18, SHERATON GRAND HOTEL, LEAGUE LEGISLATIVE ACTION DAYS, MAY 17-18, SHERATON GRAND HOTEL, LEAGUE LEGISLATIVE ACTION DAYS, MAY 17-18, SHERATON GRAND HOTEL, LEAGUE LEGISLATIVE ACTION DAYS, MAY 17-18, SHERATON GRAND HOTEL, LEAGUE LEGISLATIVE ACTION DAYS, MAY 17-18, SHERATON GRAND HOTEL, SACRAMENTO SACRAMENTO SACRAMENTO SACRAMENTO SACRAMENTO GOV. SCHWARZENEGGER APPOINTS LOCAL GOVERNMENT/COMMUNITY RELATIONS GOV. SCHWARZENEGGER APPOINTS LOCAL GOVERNMENT/COMMUNITY RELATIONS GOV. SCHWARZENEGGER APPOINTS LOCAL GOVERNMENT/COMMUNITY RELATIONS GOV. SCHWARZENEGGER APPOINTS LOCAL GOVERNMENT/COMMUNITY RELATIONS GOV. SCHWARZENEGGER APPOINTS LOCAL GOVERNMENT/COMMUNITY RELATIONS DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218 NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218 NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218 NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218 NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218 INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS WHAT ABOUT THE RAIL BOND WHAT ABOUT THE RAIL BOND WHAT ABOUT THE RAIL BOND WHAT ABOUT THE RAIL BOND WHAT ABOUT THE RAIL BOND LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES Page 2 Page 2 Page 2 Page 2 Page 2 Page 3 Page 3 Page 3 Page 3 Page 3 Page 4 Page 4 Page 4 Page 4 Page 4 The strong push for a national franchise to accelerate telephone compa- nies’ “speed to market” continued this week with the introduction of a telecom- munications reform measure by Alaska Senator Ted Stevens (R), chairman of the Senate Commerce, Science and Transportation Committee. For more, see Page 6. ???????????????????????? ?????????????? ???????????????????????? ?????????????? FEDERAL TELECOM REFORM MEASURE FEDERAL TELECOM REFORM MEASURE FEDERAL TELECOM REFORM MEASURE FEDERAL TELECOM REFORM MEASURE FEDERAL TELECOM REFORM MEASURE INTRODUCED IN U.S. SENATE INTRODUCED IN U.S. SENATE INTRODUCED IN U.S. SENATE INTRODUCED IN U.S. SENATE INTRODUCED IN U.S. SENATE Page 5 Page 5 Page 5 Page 5 Page 5 Page 7 Page 7 Page 7 Page 7 Page 7 GOVERNOR SCHWARZENEGGER, FEDERAL GOVERNMENT GOVERNOR SCHWARZENEGGER, FEDERAL GOVERNMENT GOVERNOR SCHWARZENEGGER, FEDERAL GOVERNMENT GOVERNOR SCHWARZENEGGER, FEDERAL GOVERNMENT GOVERNOR SCHWARZENEGGER, FEDERAL GOVERNMENT AGREE TO EXPEDITE PERMITTING TO FIX CALIFORNIA’S LEVEES AGREE TO EXPEDITE PERMITTING TO FIX CALIFORNIA’S LEVEES AGREE TO EXPEDITE PERMITTING TO FIX CALIFORNIA’S LEVEES AGREE TO EXPEDITE PERMITTING TO FIX CALIFORNIA’S LEVEES AGREE TO EXPEDITE PERMITTING TO FIX CALIFORNIA’S LEVEES Earlier this week the Governor and the Bush Administration finalized a Memorandum of Understanding (MOU) to provide an expedited permitting process in order to fix California’s critical levee sites by the end of the year. For more, see Page 4. LEAGUE OF CALIFORNIA CITIES APPLAUDS LEAGUE OF CALIFORNIA CITIES APPLAUDS LEAGUE OF CALIFORNIA CITIES APPLAUDS LEAGUE OF CALIFORNIA CITIES APPLAUDS LEAGUE OF CALIFORNIA CITIES APPLAUDS PASSAGE PASSAGE PASSAGE PASSAGE PASSAGE OF INFRASTRUCTURE BONDS OF INFRASTRUCTURE BONDS OF INFRASTRUCTURE BONDS OF INFRASTRUCTURE BONDS OF INFRASTRUCTURE BONDS LEAGUE THANKS LEGISLATORS AND GOV. SCHWARZENEGGER The League of California Cities today applauded the Legislature’s passage of a $37.3 billion package of bond measures to provide funding for housing, transportation, levee repairs and flood control projects and educational facili- ties. The measures will be presented for voter approval on the November 2006 statewide ballot. (See also “Infrastructure Bond Details”, p. 7). For more, see Page 11. Page 12 Page 12 Page 12 Page 12 Page 12 Page 10 Page 10 Page 10 Page 10 Page 10Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS May 5, 2006 - Issue #18 The California Municipal Law Handbook editorial board and volunteer municipal attorneys have completed the 2006 update of the handbook. The handbook provides municipal law practitio- ners a “source of first resort” in researching California municipal law. The handbook is avail- able in three formats: • Bound Edition. For those ordering handbook for the first time, the traditional bound version is available with a reusable binder and chapter tabs. For those who bought a handbook or new binder in 2004 or 2005, a 2006 handbook insert without a binder and tabs is available. Just put it in your current binder. Those with older binders should order the complete version with the new expanded binder. To order, contact CityBooks at (916) 658-8257, or visit www.cacities.org/store. • CD-ROM Edition. The 2006 CD-ROM edition of the handbook features the award- winning Folio VIEWS® search-and-retrieval software to locate information throughout the entire handbook. Users can search for words, phrases, section numbers, statutory cites, or case law, and personalize their handbook with elec- tronic notes, bookmarks and highlighters. The CD-ROM edition is available from American Legal Publishing at (800) 445-5588. • Online Edition. Users can also access the CD-ROM edition free of charge from the League’s website. Visit www.cacities.org\mlh. The annual update of the California Municipal Law Handbook represents the work of many volunteer municipal law practitioners throughout the state. The League thanks them for their dedication to ensuring that the handbook contin- ues to be a valuable resource for California cities. NOW AVAILABLE! NOW AVAILABLE! NOW AVAILABLE! NOW AVAILABLE! NOW AVAILABLE! THE 2006 CALIFORNIA MUNICIPAL THE 2006 CALIFORNIA MUNICIPAL THE 2006 CALIFORNIA MUNICIPAL THE 2006 CALIFORNIA MUNICIPAL THE 2006 CALIFORNIA MUNICIPAL LAW HANDBOOK LAW HANDBOOK LAW HANDBOOK LAW HANDBOOK LAW HANDBOOK The state Department of Conservation has published their solicitation notice and application for 2006-07 Beverage Container Recycling Market Development and Expansion Grants. The depart- ment is authorized to issue up to $10 million annually in grants aimed at increasing recycling rates. The department is interested in new and innovative, but realistic, projects that have the potential to help achieve the State’s overall 80 percent recycling rate goal, while creating jobs and increasing energy efficiency. Applications must be received by 5 p.m., Monday, June 5, 2006. To view the solicitation, application, and addi- tional information, visit the department’s website at: www.consrv.ca.gov/dor/grants/rmdeg.htm. For questions about the grant program, please con- tact Zenny Yagen at: Zenny.Yagen@conservation.ca.gov. STATE CONSERVATION DEPARTMENT STATE CONSERVATION DEPARTMENT STATE CONSERVATION DEPARTMENT STATE CONSERVATION DEPARTMENT STATE CONSERVATION DEPARTMENT ANNOUNCES BEVERAGE CONTAINER ANNOUNCES BEVERAGE CONTAINER ANNOUNCES BEVERAGE CONTAINER ANNOUNCES BEVERAGE CONTAINER ANNOUNCES BEVERAGE CONTAINER RECYCLING GRANTS RECYCLING GRANTS RECYCLING GRANTS RECYCLING GRANTS RECYCLING GRANTS The City-County-Schools Partnership (CCS Partnership) reminds city officials that there is only one opportunity remaining this spring to attend the organization’s highly regarded work- shop on cross-jurisdictional collaboration. It is Friday May 19, 2006, at the Alexander Hughes Community Center in Claremont, California. Participants will hear a case study of a successful collaborative effort, and successful joint use projects. They will have the opportunity to work together in teams on ideas for their communities. A participant at the CCS workshop in the city of Davis said, “I usually hate these things and planned to stay only one hour, but I loved this.” Registration is online at www.ccspartnership.org. ????????????? ???????????? CCS PARTNERSHIP “STRETCHING CCS PARTNERSHIP “STRETCHING CCS PARTNERSHIP “STRETCHING CCS PARTNERSHIP “STRETCHING CCS PARTNERSHIP “STRETCHING COMMUNITY DOLLARS” COMMUNITY DOLLARS” COMMUNITY DOLLARS” COMMUNITY DOLLARS” COMMUNITY DOLLARS” WORKSHOP IN CLAREMONT WORKSHOP IN CLAREMONT WORKSHOP IN CLAREMONT WORKSHOP IN CLAREMONT WORKSHOP IN CLAREMONTPRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org May 5, 2006 - Issue #18 Help support the League’s package of incentive-based housing bills! Sign up NOW to attend the League’s annual Legislative Action Days in Sacramento. Join hundreds of local officials and state officials to meet one-on-one with legislators to urge them to work with us on telecommunica- tions reform that protects local communities; funding for infrastructure; protecting redevel- opment agencies’ authority to work for our cities; housing legislation; and other important issues for cities. Confirmed speakers include: Assemblymember John Laird, Chair, Assem- bly Budget Committee; Sen. Bob Dutton, Vice Chair, Senate Revenue and Taxation Commit- tee; Assemblymember Lloyd Levine, Chair, Assembly Utilities and Commerce Committee; California Housing and Community Develop- ment Director Lynn Jacobs; and Terry Abbott, Division Chief of Local Assistance, California Department of Transportation. Registration is free – but we do need a count for our May 17 Legislative Reception and other events. Visit www.cacities.org to view the initial program agenda. Register online at www.cacities.org/events. Issue Papers: Download background materials that will aid in your legislative lobby- ing on the Legislative Action Days webpage on the League website – www.cacities.org/lad. • Housing & Infrastructure • Telecommunications Reform • Transportation & Infrastructure • Eminent Domain LEAGUE LEGISLATIVE ACTION DAYS, LEAGUE LEGISLATIVE ACTION DAYS, LEAGUE LEGISLATIVE ACTION DAYS, LEAGUE LEGISLATIVE ACTION DAYS, LEAGUE LEGISLATIVE ACTION DAYS, MAY 17-18 MAY 17-18 MAY 17-18 MAY 17-18 MAY 17-18 SHERATON GRAND HOTEL, SACRAMENTO SHERATON GRAND HOTEL, SACRAMENTO SHERATON GRAND HOTEL, SACRAMENTO SHERATON GRAND HOTEL, SACRAMENTO SHERATON GRAND HOTEL, SACRAMENTO On May 3, the State Water Resources Control Board adopted General Waste Discharge Re- quirements (WDRs) for all publicly owned sani- tary sewer collection systems. The non-NPDES WRDs prohibit all sanitary sewer overflows (SSOs) that: (1) reach the waters of the U.S., or (2) create a nuisance. The WDRs were revised at the hearing to address several major issues raised by local government representatives, including the League. These include the timing and phasing of on-line reporting requirements of SSOs and changes to the proposed implementation sched- ule for the monitoring and reporting program. Despite repeated requests by the local govern- ment representatives, the State Board did not address the need to resolve interface issues between this new requirement of the WDR and those agencies with existing NPDES permits that cover the same systems. The League was among the numerous public agency representatives that testified at the hear- ing. The League stressed the impact of these new requirements on numerous cities, the cost to implement, the need for a phase-in order to provide training and the need to resolve the WDR- NPDES overlap issue. These new SSO requirements have been under development for more than a year, involving stakeholder meetings and input from local govern- ments. Sanitary sewer overflows do present a serious environmental and water quality problem that need to be addressed and the new WDR is significantly improved from the version originally proposed by Water Board staff. The League will work closely with the California Association of Sanitation Agencies (CASA) and others as training and information resources are provided. CASA’s memo regarding the Water Board’s actions, as well as a coalition comment letter, is posted on the Environmental Quality page on the WATER BOARD ADOPTS WASTE WATER BOARD ADOPTS WASTE WATER BOARD ADOPTS WASTE WATER BOARD ADOPTS WASTE WATER BOARD ADOPTS WASTE DISCHARGE REQUIREMENTS FOR SEWER DISCHARGE REQUIREMENTS FOR SEWER DISCHARGE REQUIREMENTS FOR SEWER DISCHARGE REQUIREMENTS FOR SEWER DISCHARGE REQUIREMENTS FOR SEWER OVERFLOW SYSTEMS OVERFLOW SYSTEMS OVERFLOW SYSTEMS OVERFLOW SYSTEMS OVERFLOW SYSTEMS League’s website at: www.cacities.org/eq. When the final WDR is available, it also will be posted.Visit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS May 5, 2006 - Issue #18 Gov. Arnold Schwarzenegger this week announced the appointment of Brenda Quintana, 43, of El Dorado, as director of local government and community relations for the Office of the Governor. She most recently served as division deputy for the United Homecare Workers Union in North- ern California. Prior to that, Quintana was re- gional director for the United Domestic Workers of America in 2005 and served as chief of staff for Assemblyman Bob Pacheco from 1998 to 2005 and Assemblyman Jim Morrissey from 1994 to 1998. This position does not require Senate confirmation. Quintana wasted no time reaching out to her constituency, meeting with League Executive Director Chris McKenzie on May 3 – the same day her appointment was announced. “We had a very productive introductory dis- cussion,” said McKenzie. “Gov. Schwarzenegger has been very receptive to local government concerns ever since he was elected. Brenda’s appointment is one more indication of the high value he places on the partnership we have built on several issues over the past year. We look forward to working with her.” GOV. SCHWARZENEGGER APPOINTS GOV. SCHWARZENEGGER APPOINTS GOV. SCHWARZENEGGER APPOINTS GOV. SCHWARZENEGGER APPOINTS GOV. SCHWARZENEGGER APPOINTS LOCAL GOVERNMENT/COMMUNITY LOCAL GOVERNMENT/COMMUNITY LOCAL GOVERNMENT/COMMUNITY LOCAL GOVERNMENT/COMMUNITY LOCAL GOVERNMENT/COMMUNITY RELATIONS DIRECTOR RELATIONS DIRECTOR RELATIONS DIRECTOR RELATIONS DIRECTOR RELATIONS DIRECTOR The federal agencies have agreed to com- plete all federal permitting by June 21, 2006, so that critical repairs can be completed by Novem- ber of this year, before the next flood season. If a federal agency can not meet the expedited timeline in the MOU, the agency is authorized to invoke emergency procedures to issue the permits. Visit www.governor.ca.gov/govsite to read the details of the MOU. Since February, the state Department of Water Resources has evaluated approximately 50 levee erosion sites, primarily along the Sac- ramento River flood system, and has begun to design repairs for 29 critical erosion sites for construction this year. In addition to the MOU expediting the permit- ting process, Sen. Feinstein is working to in- clude $23.3 million in the Senate supplemental appropriations bill for the federal government’s share of the cost of fixing critical levee sites. The governor is in strong support of Sen. Feinstein’s efforts, and has pledged that, “I will be working very closely with Sen. Feinstein and our congressional delegation to ensure the federal government meets its responsibility through direct funding and crediting for future work.” Water officials with the Schwarzenegger administration held a conference call the evening of May 2 for the League and other interested stakeholders to brief them on the agreement. The call was an opportunity for administration officials to describe the agree- ment in detail and answer questions regarding its implementation. The League appreciates the governor’s leadership and efforts to forge the agreement and work with the federal government to steamline the federal permitting process. In addition, the League thanks Sen. Feinstein for her efforts to secure the additional federal funding. ????????? ?????? LEVEES LEVEES LEVEES LEVEES LEVEES from page 1 from page 1 from page 1 from page 1 from page 1 Only Western City magazine brings you practical ideas and information you need to know about local government in California. Western City magazine presents big-picture policy issues and trends in a format suited for busy professionals, with concise feature articles and in-depth series that explore statewide issues. Stay informed about city issues across California. Subscribe today. Visit: www.westerncity.com/pf. You Could Have Your Own Subscription to Western City magazine. Subscribe Today!PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org May 5, 2006 - Issue #18 Assemblymember John Laird introduced ACA 30 this week, a new approach to raising revenue at the local level for levee improvements and maintenance. ACA 30 would provide that, for purpose of imposing an assessment or increasing an existing assessment to maintain, operate, repair, relocate, or upgrade a flood control levee which was in existence before November 6, 1996 (the date of the enactment of Proposition 218), the so called “majority protest” requirements for adoption would be used. That is, laws governing adoption of such assessments that were in effect prior to Proposi- tion 218 would apply for levees that existed at that time. It would only go into effect if the Legislature agrees to place it on the ballot. Which general election ballot will depend upon when the Legisla- ture approves the measure. ACA 30, which will be strongly supported by the League, represents a new approach to giving local governments more flexibility in raising rev- enue to upgrade, operate and maintain levees. ACA 13 (Harman), which would exempt flood control and storm water fees from the voter approval requirements of Proposition 218, has been languishing in committee, given the reluc- tance of many Republican members to vote for it – remember, a bill to change to Proposition 218 requires a 2/3 vote of the Legislature to move to it the ballot. ACA 30 is more narrowly drafted than ACA 13 – it does not include storm water and takes a different approach to the voter approval exemption in ACA 13. Nevertheless, it still will be an uphill battle to pass ACA 30 – even in light of the state’s ongoing flood threat and the recognition that our levee system is in great need of repair. According to the author’s office, most of California’s levees were constructed, operated, or maintained under the “majority protest” rule for raising funds that existed prior to the enactment of Proposition 218. Proposition 218 was enacted in 1996. This measure established stricter proce- dural requirements on assessments and changed the rule from “majority protest” to a standard election, where the assessment procedure would end if the “no” votes outnumbered the “yes” votes. Some levee districts have been successful in gaining approval for levee assessments, but not many. Some districts have said that Proposition 218 made it virtually impossible for them to raise funds for the operation, maintenance, or improve- ment of their levees. It is generally recognized that California’s levee system is in dismal shape and in need of upgrade and ongoing maintenance — not only for those communities already behind the levees, but for those areas that cannot urbanize without levee upgrades. For example, “underseepage” has been identified as a threat to “old” levees and it is inappropriate for levees originally built for agricul- tural to be used to “protect” urbanizing areas without upgrades. It is also important to recognize that levee failures in the Sacramento-San Joaquin River delta have water quality, water supply and eco- nomic impacts that may have statewide effects beyond the local or regional levee break situation. The delta provides over 23 million people with drinking water and the levees throughout the valley and delta ensure that fresh water from the Sierra Nevada flows through the delta to pumps and then into millions of homes in Southern California. While the League will strongly support ACA 30 in its current form, we will explore with the author’s office whether storm water fees can also be included. ACA 30 will be heard in the Assembly Local Government Committee Wednesday May 10. All cities, whether in northern or Southern California, should write letters to their Assemblymembers to support ACA 30. Position: Support; Status: Assembly Local Gov’t May 9; Staff: Yvonne Hunter. NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218 NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218 NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218 NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218 NEW BILL INTRODUCED TO ADDRESS LEVEE FUNDING AND PROPOSITION 218Visit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS May 5, 2006 - Issue #18 Called the “Communications, Consumer’s Choice, and Broadband Deployment Act of 2006,” this measure, like the House bill, would among other things establish a national franchise for video service providers that want to offer telecom- munications video and Internet services in com- munities throughout the nation. The League and other organizations are still analyzing the 135-page measure, and will publish an analysis soon. A copy of the measure is available on the League’s Telecom webpage at www.cacities.org/telecom. House Bill and AB 2987 Both Likely to Move Soon Meanwhile the House bill – now numbered as H.R. 5252 – is still headed for a vote on the House floor, probably sometime in the next two to three weeks. The California reform measure, AB 2987 (Núñez/Levine) is in the California Assembly Appropriations Committee, but has not yet been set for hearing. The lack of a scheduled hearing, however, does not mean any lessening of the intense lobbying around these measures. In California, telephone companies are making the rounds of local chambers of commerce and other groups, urging that they adopt positions of support for AB 2987. There have been several instances of chambers of commerce backing off a quick “support” decision when they have been con- tacted by League regional staff and city officials and informed of the serious concerns local businesses will face if AB 2987 passes in its current form, and telephone companies are not held to higher standards to ensure that service build out will occur without regard to income levels. TELECOM TELECOM TELECOM TELECOM TELECOM from page from page from page from page from page 1 1 1 1 1 ???????????????? ?????????????????????????????? Please Help Oppose These Measures The League opposes both of these measures for a number of reasons, including the fact that we view the lack of build-out protections as anti- competitive. We urge city officials to use this time before the bills come up for hearing, to talk to your federal and state representatives about how your residents and businesses would be impacted by these measures. To access updated talking points, a sample letter and a copy of the League’s opposition letter, please visit the League’s online telecom page at www.cacities.org/telecom. You may also write a letter online by using the League’s Advocacy Center (www.cacities.org/ advocacycenter). Remember: phone calls and personalized written letters are more likely to get your representative’s attention than an email. Talk to Your Businesses and Community Groups City officials are also urged to be alert to industry grassroots lobbying efforts going on in their own backyards. Businesses and community groups are being told that the market competition that AB 2987 hopes to achieve will mean they will receive better telecommunications service at lower cost. But the bill’s lack of build-out standards could mean just the opposite, producing more options for large, well-off businesses and residents, and bypassing smaller businesses and lower income areas of your city. For assistance with these efforts, please contact your League regional representative. For more information on this and For more information on this and For more information on this and For more information on this and For more information on this and other League issues, visit other League issues, visit other League issues, visit other League issues, visit other League issues, visit www.cacities.org. www.cacities.org. www.cacities.org. www.cacities.org. www.cacities.org.PRIORITY FOCUS - PAGE 7 Visit the League’s Official Website--www.cacities.org May 5, 2006 - Issue #18 Continued on Page 8 INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS In the early morning hours of May 5, the Legislature passed bond measures that will fund hous- ing, transportation, levee repairs, flood control projects and school construction. It also passed trailer bills dealing with permit streamlining, and a constitutional amendment that will “fix” Proposition 42 by “locking down” the sales tax on gasoline for transportation purposes. The following summarizes the key bills comprising this package. Housing Bond: (AB 136 - Núñez and Perata). This measure contains $2.85 billion in funding for affordable housing construction, infill incentives. The funds are divided into the following funding categories: Housing Construction: • $1.5 billion for first-time homebuyer programs and affordable housing construction, of which: • $345 million for the construction of affordable multifamily housing. • $300 million for loans/grants for local homeownership programs. • $200 million for down payment assistance. • $195 million for supportive transitional housing. • $135 million for farmworker housing. • $125 for grants to local governments for down payment assistance programs, where local regulatory barriers have been reduced. • $100 million for a newly created affordable housing innovation fund. • $50 million for housing for homeless foster youth. • $50 million for emergency shelters. Planning and Infill Incentives: • $850 million for regional planning, housing, and infill incentives which will be further defined by future legislation, of which no more than $200 million may be used for park development in conjunction with infill. • $300 million in grants to local governments to develop infrastructure associated with high density transit-oriented development. • $200 million for development of parks in urban, suburban and rural areas, subject to condi- tions which will be further defined by future legislation. Transportation Bond: SB 1266 (Núñez/Perata). Highway Safety, Traffic Reduction, Air Qual- ity, and Port Security Bond Act of 2006. This measure authorizes $19.925 billion of state general obligation bonds for high-priority trans- portation corridor improvements, including $1 billion for cities and $1 billion for counties to spend on local transportation projects. Unlike Prop. 42 funding, which is dedicated to local street and road maintenance and repair projects, local agencies may determine their own priorities for use of these transportation funds.Visit the League’s Official Website--www.cacities.org PAGE 8 - PRIORITY FOCUS May 5, 2006 - Issue #18 Continued on Page 9 ????????????????????? ? ? INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS from page from page from page from page from page 7 7 7 7 7 Specific allocations include the following: • $2 billion for the Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account, allocated directly to cities and counties for traffic congestion relief, traffic safety, transit, storm damage, maintenance, construction and other projects to improve the local street and road system. $1 billion will go directly to cities (minimum $400,000 allocation), and $1 billion will go directly to counties. • $4.5 billion to Corridor Mobility Improvement Account to fund performance improvements on highly congested travel corridors. This includes major access routes to the state highway system on the local road systems that relieve congestion. • $1 billion for improvements to State Route 99 traversing approximately 400 miles of the Central Valley. • $3.1 billion for the California Ports Infrastructure, Security, and Air Quality Improvement Act. Of the $3.1 billion, $2 billion is to fund improvements to trade corridors, $1 billion to State Air Re- sources Board for emission reductions related to goods movement, and $100 million for the Office of Emergency Services for publicly –owned port, harbor and ferry terminal improvements. • $200 million for school bus retrofitting and replacement to reduce air pollution. • $2 billion for projects in the State Transportation Improvement Program (STIP). · $4 billion for the Public Transportation Modernization Improvement and Service Enhance- ment Account for improvements to intercity rail and other transit-related projects and improve- ments. Of the $4 billion, $400 million is dedicated to rail improvements and purchase of railcars and locomotives. • $1 billion for the State-Local Partnership Program Account for transportation projects nominated by a regional transportation agency. This program requires a dollar for dollar match of local funds. • $1 billion for the Transit System Safety, Security and Disaster Response Account for projects that increase protection again security and safety and develop disaster response for public transit systems. • $125 million for the Local Bridge Seismic Retrofit Account for seismic work on local bridges, ramps, and overpasses. • $750 million for the Highway Safety, Rehabilitation and Preservation Account (SHOPP) for safety, rehabilitation and preservation projects on state highway systems. $250 million of the funds in this account are for technology-based improvements to improve safety, operations and effective capacity of local streets and roads. • $250 million for the Highway-Railroad Crossing Safety Account for completion of high- priority grade separation and railroad crossing safety improvements. SCA 7 (Torlakson). The Legislature also passed a state constitutional amendment to “fix” Proposition 42, by permanently dedicating the sales tax on gasoline to transportation purposes – a key goal for the League. This measure will appear on the ballot as Proposition 1A – the same name as the historic League-sponsored measure passed overwhelmingly by the voters in 2004 that ended the state’s ability to raid local funds. Like the Prop. 1A of 2004, the measure would allow the Legislature to borrow the Prop. 42 funds, but only by meeting the following criteria:PRIORITY FOCUS - PAGE 9 Visit the League’s Official Website--www.cacities.org May 5, 2006 - Issue #18 Continued on Page 10 ????????????????????? ? ? INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS from page from page from page from page from page 8 8 8 8 8 • The governor must declare that the state faces a severe fiscal hardship. • The Legislature must enact statute authorizing the borrowing by 2/3 vote. At the same time, the Legislature must pass a bill specifying that they will repay the loan with interest within three years. • The state can borrow the funds no more than twice in 10 years, and must repay a prior loan before borrowing. • Any Prop. 42 transportation funds that were borrowed by the state but not repaid as of July 1, 2007, must be repaid within a 10 year period (no later than June 30, 2016) at payment of no less than one-tenth per year of the total amount owed. • Authorizes the Legislature to provide for the issuance of bonds by state or local agencies in accordance with the established Prop. 42 allocation methodology. AB 140 (Núñez and Perata) Disaster Preparedness and Flood Prevention Bond Act of 2006 This bond would provide a total of $4.09 billion to prevent flooding by repairing levees and other flood control infrastructure in the Sacramento-San Joaquin River Delta and elsewhere. The funds will be allocated as follows: • $3 billion to evaluate, repair, rehabilitate, reconstruct or replace levees, weirs, bypasses and facilities contained in the state flood control plan; improve or add facilities to increase levels of flood prevention; and reduce the risk of levee failure. • $ 500 million to cover the past and future obligations under the flood control subvention payments to local governments for qualifying projects. • $ 290 million for the protection, creation, and enhancement of flood protection corridors and bypasses, including fund for floodplain mapping. • $ 300 million for grants (with local match) to manage storm water runoff to reduce flood damage and provide benefits such as ground water recharge, water quality improvement and ecosystem. AB 142 (Nunez and Perata) Flood Control: Levee Repair and Flood Control Systems This measure is an urgency appropriation of $500 million dedicated to levee repairs for those critical levee erosion sites identified under Governor’s Executive Order S-01-06 in order to reduce the threat of potential flood damage. AB 127 (Núñez/Perata). Education Facilities: Kindergarten-University Public Education Facilities Bond Act of 2006. This measure would provide $10.4 billion in bonds to be deposited into the 2006 State School Facilities fund, which will be used to meet capital outlay needs of higher educational facilities, and finance grants for construction and renovation of schools, including charter schools and facilities for career technical education programs, and to relieve overcrowded schools. This also includes $29 million to fund joint-use projects for construction of K-12 school facilities.Visit the League’s Official Website--www.cacities.org PAGE 10 - PRIORITY FOCUS May 5, 2006 - Issue #18 ????????????????????? ? ? INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS INFRASTRUCTURE BOND DETAILS from page from page from page from page from page 9 9 9 9 9 Many city officials may remember that there is still a $10 billion rail bond that was passed by the Legislature more than a year ago, and is also set for the November 2006 ballot. Con- cerns have been raised about whether the state’s bonding capacity would be unduly stressed by retaining this measure on the ballot. There are pending bills that would remove it from the ballot. It’s not clear at this time what will happen. 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 FIND A BILL, LEGISLATORS, LEG FIND A BILL, LEGISLATORS, LEG FIND A BILL, LEGISLATORS, LEG FIND A BILL, LEGISLATORS, LEG COMMITTEE - OR ASK LEG STAFF COMMITTEE - OR ASK LEG STAFF COMMITTEE - OR ASK LEG STAFF COMMITTEE - OR ASK LEG STAFF COMMITTEE - OR ASK LEG STAFF WHAT ABOUT THE RAIL BOND? WHAT ABOUT THE RAIL BOND? WHAT ABOUT THE RAIL BOND? WHAT ABOUT THE RAIL BOND? WHAT ABOUT THE RAIL BOND? • $1.9 billion for new construction of school facilities. • $500 million for providing school facilities to charter schools. • $3.3 billion for modernization of school facilities. • $500 million for facilities for career technical education programs. • $1 billion for new construction to fund severely overcrowded school sites. • $1.5 billion for CA Community Colleges. • $890 million for UC and Hastings College of Law. • $690 million for CSU. Permit Streamlining - AB 1039 (Núñez/Perata) This is a “trailer bill”, that would provide exemptions from the California Environmental Quality Act (CEQA) to streamline various transportation, levee repair and flood control projects funded by two bond measures that will appear on the November 7, 2006 statewide general election. Exempts the following projects from CEQA contained within the Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006 (SB 1266) and places requirements on specific projects relating to permit streamlining: • Structural modification of specific existing and replacement highway structure projects in Alameda, Santa Barbara, and Los Angeles Counties • Specific seismic retrofit projects on existing local bridges. Exempts the following projects from CEQA contained within the Disaster Preparedness and Flood Prevention Bond Act of 2006 (AB 140): • Exempts the repair of critical levees of the Sacramento River Flood Control Project that are within an existing levee footprint. Requires the lead agency performing the repairs to conduct community outreach, sufficiently comply with standard construction practices, and to use emulsi- fied diesel fuel to the best extent possible with a sunset date of July 1, 2016.PRIORITY FOCUS - PAGE 11 Visit the League’s Official Website--www.cacities.org May 5, 2006 - Issue #18 Final votes on the largest bond package in California history came in the early morning hours of May 5, following hours of last minute negotia- tions and debate. The package includes a state constitutional amendment to “fix” Proposition 42, by permanently dedicating the sales tax on gasoline to transporta- tion purposes – a key goal for the League. This measure will appear on the ballot as Proposition 1A – the same name as the historic League- sponsored measure passed overwhelmingly by the voters in 2004 that ended the state’s ability to raid local funds. “This package represents leadership at its best,” said League President Alex Padilla, councilmember in the city of Los Angeles. “We understand that it was not an easy thing to reach agreement on a bond package of this magnitude.” He added: “Everyone involved deserves kudos for their hard work and dedication: Gov. Schwarzenegger for raising the visibility of the infrastructure debate with his January proposal, and for keeping a focus on levees and other infrastructure needs; Senate Pro tem Perata and Assembly Speaker Núñez for their early proposals and determination to bring a deal together; and the two minority leaders, Sen. Dick Ackerman and Assemblymember George Plescia, for negotiating a package that could win the minority votes needed to put this over the top.” “Funding for infrastructure is a top priority for the League of California Cities,” said League First Vice President Maria Alegria, councilmember in the city of Pinole. “This package of bonds re- sponds directly to the funding concerns of Califor- nia cities. “We very much appreciate the governor’s and the Legislature’s leadership for the Prop. 42 transportation ‘fix’” she added. “The League has been part of the coalition that gathered the signa- tures to put this kind of measure on the ballot. The coalition’s polling has consistently told us that voters support this fix. Now, with the leadership and support of the governor and the Legislature, this constitutional amendment stands an even stronger likelihood of winning voter support in November.” “We particularly appreciate the efforts of Sen. Bob Dutton,” said League Second Vice President Jim Madaffer, councilmember in the city of San Diego. “He worked long and hard on the trans- portation package, and played a very important role in ensuring that cities and counties will each receive $1 billion for work on city streets and county roads. We thank him for his tireless efforts to ensure that local infrastructure needs are included in this package.” The bond package includes $2.8 billion for housing, $10.4 billion for schools, $20 billion for transportation projects, including $1 billion each for cities and counties to conduct maintenance and repairs on local streets and roads. Funding for levees and floods includes a $4.09 billion bond measure, and a separate $500 million urgency appropriation. ????????????????? ????????????????????????????? BONDS BONDS BONDS BONDS BONDS from page from page from page from page from page 1 1 1 1 1 Don’t miss this opportunity to get the League’s most useful reference tool. This comprehensive California directory provides important contact information for mayors, council members and city department heads. The directory also features the League’s staff directory, League partners, affiliate organizations and a wide variety of advertisers. INFORMATION YOU NEED, RIGHT AT YOUR FINGERTIPS! Purchase this publication online at www.cacities.org/store or call (916) 658-8257 for an order form. City officials price $30, non-city officials price $65, plus shipping & handling. THE 2006 CITY HALL DIRECTORY IS NOW AVAILABLE!Visit the League’s Official Website--www.cacities.org PAGE 12 - PRIORITY FOCUS May 5, 2006 - Issue #18 Le Le Le Le Legisla gisla gisla gisla gislati ti ti ti tiv v v v ve Bill e Bill e Bill e Bill e Bill Action Action Action Action Action The following are summaries of just a few of the legislative bills that are currently being acted upon by the League of California Cities. For more information about these and other bills, please visit the League website to access information about legislation, policy issues and related develop- ments. You can track information on bills (www.cacities.org/billsearch), locate legislators and legislative committees, send letters to legislators or the media through the online Advocacy Center (www.cacities.org/advocacycenter), research League policy positions, access useful related links, and much more. TRANSPORTATION AB 2465 (De La Torre). Pedestrian-bicyclist safety: vehicles: school zone fines. AB 2465 would allow the county of Los Angeles and cities within the county to establish a school pedestrian- bicyclist safety program and receive funds from a special account in the county treasury. Addition- ally, this bill would double or increase the fines for a number of violations of the vehicle code occur- ring in a specially posted school zone and provide that these fines shall be deposited into the special county account. In order to double or increase the fines as outlined in AB 2465, a city or county must enact an ordinance. The League supports a local government’s ability to double the fine for traffic violations in school zones in an attempt to reduce the speed of drivers and protect our youth. AB 2465 utilizes a financial incentive to minimize a risky behavior and also provides the opportunity for a local government to supplement safety programs aimed at students traveling to and from school on foot or by bicycle. Staff: Liisa Lawson Stark, Status: AsmAppr; Position: Support. PUBLIC SAFETY AB 2836 (Karnette). Fire Protection. Residen- tial Care Facility for the Elderly. AB 2836 would require a residential care facility for the elderly with four or more residents to install and maintain an operable automatic fire sprinkler system approved by the State Fire Marshall no later January 1, 2014. If a facility is licensed on or after January 1, 2010, a facility is automatically required to install and maintain an automatic fire sprinkler. Residential care facilities strive to provide a supportive and safe environment for the elderly, the cognitively frail, and the non-ambulatory individual. Yet, most of these facilities are not equipped with automatic fire sprinklers. Automatic fire sprinklers will provide residents of care facilities the precious time needed to safely evacuate a building. In addition, fire sprinklers will eliminate hostile and dangerous fire conditions emergency service personnel face in fire and rescue operations. Staff: Liisa Lawson Stark; Status: AsmAppr, 5/3; Position: Support. WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? HERE’S WHO TO CALL: HERE’S WHO TO CALL: HERE’S WHO TO CALL: HERE’S WHO TO CALL: HERE’S WHO TO CALL: ASSEMBLY APPROPRIATIONS (18)— Chu (Chair), Runner (Vice Chair), Bass, Berg, Calderon, De La Torre, Emmerson, Haynes, Karnette, Klehs, Leno, Nakanishi, Nation, Oropeza, Ridley–Thomas, Saldaña, Walters, and Yee. Chief Consultant: Geoff Long. Principal Consultants: Julie Sallie– Gray, Steve Archibald, Scott Bain, Chuck Nicol, Kimberly Rodriguez, Stephen Shea. Secretary: Laura Lynn Gondek. Room 2114. Phone: 319–2081. May 12, 2006 Issue #19-2006 WANT MORE DETAILS ON BILLS? Visit the League of California Cities website at www.cacities.org/ billsearch. TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS MAY BUDGET REVISE EXPECTED TODAY MAY BUDGET REVISE EXPECTED TODAY MAY BUDGET REVISE EXPECTED TODAY MAY BUDGET REVISE EXPECTED TODAY MAY BUDGET REVISE EXPECTED TODAY HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? MAYORS AND COUNCIL MEMBERS ACADEMY EXECUTIVE FORUM AND MAYORS AND COUNCIL MEMBERS ACADEMY EXECUTIVE FORUM AND MAYORS AND COUNCIL MEMBERS ACADEMY EXECUTIVE FORUM AND MAYORS AND COUNCIL MEMBERS ACADEMY EXECUTIVE FORUM AND MAYORS AND COUNCIL MEMBERS ACADEMY EXECUTIVE FORUM AND ADVANCED LEADERSHIP WORKSHOPS TO BE HELD IN MONTEREY ADVANCED LEADERSHIP WORKSHOPS TO BE HELD IN MONTEREY ADVANCED LEADERSHIP WORKSHOPS TO BE HELD IN MONTEREY ADVANCED LEADERSHIP WORKSHOPS TO BE HELD IN MONTEREY ADVANCED LEADERSHIP WORKSHOPS TO BE HELD IN MONTEREY AMERICA’S PROMISE – THE ALLIANCE FOR YOUTH AMERICA’S PROMISE – THE ALLIANCE FOR YOUTH AMERICA’S PROMISE – THE ALLIANCE FOR YOUTH AMERICA’S PROMISE – THE ALLIANCE FOR YOUTH AMERICA’S PROMISE – THE ALLIANCE FOR YOUTH LEAGUE LATINO CAUCUS TO HOST 15TH ANNUAL LEGISLATIVE FORUM LEAGUE LATINO CAUCUS TO HOST 15TH ANNUAL LEGISLATIVE FORUM LEAGUE LATINO CAUCUS TO HOST 15TH ANNUAL LEGISLATIVE FORUM LEAGUE LATINO CAUCUS TO HOST 15TH ANNUAL LEGISLATIVE FORUM LEAGUE LATINO CAUCUS TO HOST 15TH ANNUAL LEGISLATIVE FORUM LEAGUE URGES SUPPORT ON SB 1431 LEAGUE URGES SUPPORT ON SB 1431 LEAGUE URGES SUPPORT ON SB 1431 LEAGUE URGES SUPPORT ON SB 1431 LEAGUE URGES SUPPORT ON SB 1431 FIND A BILL, LEGISLATORS, LEG COMMITTEE - OR ASK LEG STAFF FIND A BILL, LEGISLATORS, LEG COMMITTEE - OR ASK LEG STAFF FIND A BILL, LEGISLATORS, LEG COMMITTEE - OR ASK LEG STAFF FIND A BILL, LEGISLATORS, LEG COMMITTEE - OR ASK LEG STAFF FIND A BILL, LEGISLATORS, LEG COMMITTEE - OR ASK LEG STAFF LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES Page 2 Page 2 Page 2 Page 2 Page 2 Page 3 Page 3 Page 3 Page 3 Page 3 Page 4 Page 4 Page 4 Page 4 Page 4 Page 8 Page 8 Page 8 Page 8 Page 8 Telecommunications reform, housing bills, eminent domain and the state budget: the Legislature is making decisions on these and other issues criti- cally important to cities now in the State Capitol. For more, see Page 6. ???????????????????????? ?????????????? LEGISLATIVE ACTION DAYS, MAY 17-18 LEGISLATIVE ACTION DAYS, MAY 17-18 LEGISLATIVE ACTION DAYS, MAY 17-18 LEGISLATIVE ACTION DAYS, MAY 17-18 LEGISLATIVE ACTION DAYS, MAY 17-18 ACA 30 may be one of the most important public safety bills the state Legislature considers this year. If passed by the Legislature and approved by the voters, ACA 30 will make it easier to raise fees for the purpose of operating, maintaining, or upgrading a levee that was constructed before Proposition 218 was enacted in November 1996. The other procedural requirements of Proposition 218 would continue to apply. For more, see Page 7. ??????????????????????? ??????????????? LEVEE IMPROVEMENT FEE BILL ADVANCES - ACA 30 (LAIRD) LEVEE IMPROVEMENT FEE BILL ADVANCES - ACA 30 (LAIRD) LEVEE IMPROVEMENT FEE BILL ADVANCES - ACA 30 (LAIRD) LEVEE IMPROVEMENT FEE BILL ADVANCES - ACA 30 (LAIRD) LEVEE IMPROVEMENT FEE BILL ADVANCES - ACA 30 (LAIRD) The League is encouraging cities to oppose SB 1330 (Dunn) which passed out of the Senate Judiciary Committee on Tuesday, May 9, with a vote of 3 to 2. The bill will now move to the Senate floor. For more, see Page 7. CITIES URGED TO OPPOSE SB 1330 (DUNN) CITIES URGED TO OPPOSE SB 1330 (DUNN) CITIES URGED TO OPPOSE SB 1330 (DUNN) CITIES URGED TO OPPOSE SB 1330 (DUNN) CITIES URGED TO OPPOSE SB 1330 (DUNN) Page 5 Page 5 Page 5 Page 5 Page 5 HOT BILLS SUPPORT ACA 30 (Laird). Local govern- ment: flood control assessments. OPPOSE SB 1330 (Dann). Housing developments: attorney’s fees. SUPPORT SB 1431 (Cox). Public con- tracts: design-build contracting: cities, counties and special districts.Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS May 12, 2006 - Issue #19 AT&T Concern for Lightspeed Deployment in Rural Developments Not Sincere? An editorial written by Karl Bode of www.broadbandreports.com asserts that AT&T is faking their recent concern for rural development’s access to Project Lightspeed, the telco’s new broadband service. Bode questions whether AT&T’s recent an- nouncements that they are making an effort to reach rural areas is simply a “song and dance for representatives of these regions to gain political favors.” To read the editorial, visit www.broadbandreports.com and search for “AT&T Faking Concern for Rural Develop- ment.” VoIP Not Part of First Wave of Project Lightspeed Lightreading (www.lightreading.com) reports that while AT&T’s pending launch of Project Lightspeed in San Antonio, Texas, next month is on schedule, it will not include a Voice over Internet Protocol (VoIP) service. For more details, visit www.lightreading.com and search for “AT&T Waits on Lightspeed VOIP.” CBO Releases Cost Estimate of COPE Act The Congressional Budget Office (CBO) recently released a cost estimate of H.R. 5252, the Communications Opportunity, Promotion and Enhancement Act (COPE Act) sponsored by Energy and Commerce Committee Chairman Joe Barton. To read the analysis, visit www.cacities.org/ telecom. House Floor Schedule Doesn’t Include COPE Act this Week The House of Representatives Floor schedule did not include the COPE Act this past week. On May 1, Judiciary Committee Chairman James Sensenbrenner (R-Wis.) requested to review the bill, claiming the committee had juris- diction over it and deserved a sequential referral. To read the article, visit www.multichannel.com and search for “House Schedule Excludes Barton Bill.” Coalition Push against Federal Involvement in Net Neutrality The Internet Freedom Coalition is rallying against the federal government getting involved in net neutrality, arguing that regulation will turn into a “tax” on the Internet. To read the article, visit www.broadcastingcable.com and search for “Tax Foes Attack Net Neutrality.” TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS The Governor’s May budget revise is expected to be out today, May 12. The League will be analyzing the budget and reporting its first reactions on how it will affect cities’ interests shortly on the League’s website, www.cacities.org. To view a copy of the entire budget once it is released, visit www.dof.ca.gov. Further League analysis on the budget will be available next week. MAY BUDGET REVISE MAY BUDGET REVISE MAY BUDGET REVISE MAY BUDGET REVISE MAY BUDGET REVISE EXPECTED TODAY EXPECTED TODAY EXPECTED TODAY EXPECTED TODAY EXPECTED TODAYPRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org May 12, 2006 - Issue #19 We all cheered last week when we learned that the bipartisan infrastructure investment package passed by the Legislature included SB 1266 (Nunez/Perata), an $19.925 billion bond measure for transportation investments, including $1 billion for cities and $1 billion for counties to allocate for local transportation priorities.* The bill will appear on the November statewide ballot as Proposition 1B. As city officials review the measure, many are wondering: assuming Prop. 1B wins voter support, when will the funding be available and will all of it be available in a single year? At this time, we cannot provide a certain date. The State Treasurer will make the final decision on when to issue the bonds following passage of Prop. 1B or any other bond measure. The League will advocate, however, for the funds to be dis- persed as soon as possible, as we are well aware that cities can put the money to use immediately. Although we believe a lump sum allocation would be more beneficial to cities than a series of payments, no confirmation is available in regard to how the funds will be distributed. We do know that the $1 billion for cities will be given directly to the individual cities for expenditure, with a minimum of $400,000 to be allocated to each city, regardless of size. As information becomes available, the League will continue to update cities regarding the potential funding. * SB1266 specifies that the funds allocated to cities and counties from the bond “shall be used for improvements to transportation facilities that will assist in reducing local traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety that may include, but not be limited to, street and highway pavement mainte- nance, rehabilitation, installation, construction and reconstruction of necessary associated facilities such as drainage and traffic control devices, or the maintenance, rehabilitation, installation, construc- ????? ??????????????????? HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? HOW WOULD TRANSPORTATION BOND FUNDS REACH CITIES? AND WHEN? tion and reconstruction of facilities that expand ridership on transit systems, safety projects to reduce fatalities, or as a local match to obtain state or federal transportation funds for similar purposes.” The League of California Cities is seeking nominations from elected officials interested in serving in five at-large positions (two-year term), or as second vice president (one-year term) on its board of directors. If you are interested in submitting your name (or another elected official’s name) for nomination to the League board of directors, please provide the information requested on the nomination form, along with a bio and letter requesting consideration, to the League’s Sacramento headquarters on or before end of business on Friday, May 19. Nomination materials can be found on the League’s website at www.cacities.org or can be obtained by contact- ing Mimi Sharpe at (916) 658-8232 or via e-mail at sharpem@cacities.org. Please note that all nominees for second vice president must have previously served on the League’s board of directors. Send all nomination applications to: Mimi Sharpe League of California Cities 1400 K Street Sacramento, CA 95814 Applications can also be sent to Mimi via fax at (916) 658-8240 or by e-mail to msharpe@cacities.org. INTERESTED IN SERVING ON THE INTERESTED IN SERVING ON THE INTERESTED IN SERVING ON THE INTERESTED IN SERVING ON THE INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? LEAGUE’S BOARD OF DIRECTORS? LEAGUE’S BOARD OF DIRECTORS? LEAGUE’S BOARD OF DIRECTORS? LEAGUE’S BOARD OF DIRECTORS?Visit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS May 12, 2006 - Issue #19 On June 8-9, America’s Promise - The Alli- ance for Youth (AP) is hosting its first regional forum in Long Beach, which AP named as one of its ”100 Best Communities for Young People,” to generate momentum around its goal of meeting the needs of 15 million underserved young people through its Five Promises initiative (for informa- tion, visit www.americaspromise.org/100Best). The National League of Cities (NLC) has been working with AP to make the City Platform for Strengthening Families (www.nlc.org/iyef/ 7915.cfm) a key component of the forum to highlight the role of city leaders in creating oppor- tunities for young people. For more information on this exciting opportu- nity for local officials who are interested in working on a very broad range of youth issues, please contact Michael Karpman at karpman@nlc.org. AMERICA’S PROMISE – AMERICA’S PROMISE – AMERICA’S PROMISE – AMERICA’S PROMISE – AMERICA’S PROMISE – THE ALLIANCE FOR YOUTH THE ALLIANCE FOR YOUTH THE ALLIANCE FOR YOUTH THE ALLIANCE FOR YOUTH THE ALLIANCE FOR YOUTH The League of California Cities’ Mayors and Council Members Academy Executive Forum and Advanced Leadership Workshops will be held at the Monterey Conference Center on July 26-29, in Monterey. Join your colleagues and explore the latest issues of interest in cities throughout California. The Executive Forum features keynote speaker Joseph Grenny, president and author of “VitalSmarts” and co-author of “Crucial Confronta- tions” and “Crucial Conversations” – both New York Times bestsellers. Topics of interest in the Executive Forum are scheduled to include: • Negotiating with Public Employee Unions • Effective Leadership • Re-cap of the June Primary • Telecommunications • Mobile Home Parks • Ethics for Elected Officials • Water Supply • Cities for Healthy Kids The Friday/Saturday Advanced Leadership Workshops are: • Redevelopment: Building Better Commu- nities – Given by the California Redevelopment Association • Fiduciary Responsibilities of Elected Officials – Features Len Wood as presenter • Effective Communications and Dealing with the Media – Provided by the League’s com- munication staff and members of the California Association of Public Information Officials (CAPIO) The full conference registration fee is $445. Those registering online by July 3 will receive a $20 CityBooks coupon. Registration and addi- tional information is located at www.cacities.org/ events. ???????????? ????????????? MAYORS AND COUNCIL MEMBERS MAYORS AND COUNCIL MEMBERS MAYORS AND COUNCIL MEMBERS MAYORS AND COUNCIL MEMBERS MAYORS AND COUNCIL MEMBERS ACADEMY EXECUTIVE FORUM AND ACADEMY EXECUTIVE FORUM AND ACADEMY EXECUTIVE FORUM AND ACADEMY EXECUTIVE FORUM AND ACADEMY EXECUTIVE FORUM AND ADVANCED LEADERSHIP WORKSHOPS ADVANCED LEADERSHIP WORKSHOPS ADVANCED LEADERSHIP WORKSHOPS ADVANCED LEADERSHIP WORKSHOPS ADVANCED LEADERSHIP WORKSHOPS TO BE HELD IN MONTEREY TO BE HELD IN MONTEREY TO BE HELD IN MONTEREY TO BE HELD IN MONTEREY TO BE HELD IN MONTEREY The League of California Cities’ Latino Caucus will host its 15th Annual Legislative Forum on Wednesday, May 17, prior to the start of the League’s Legislative Action Days. To be held in the Carr Room of the Sheraton Grand Hotel in Sacramento, the forum begins at 9 a.m. with Senate President pro Tem Don Perata, providing insight into the infrastructure bond package that was recently approved by the Legislature. Other speakers include Assemblymember Joe Coto, Rick Taylor of Dakota Communications (speaking on the 2006 statewide elections) Sen. Kevin Murray, and Assemblymembers John Laird and Rick Keene. For more information, contact the League’s Latino Caucus by phone at (916) 669-1343. LEAGUE LATINO CAUCUS TO HOST LEAGUE LATINO CAUCUS TO HOST LEAGUE LATINO CAUCUS TO HOST LEAGUE LATINO CAUCUS TO HOST LEAGUE LATINO CAUCUS TO HOST 15TH ANNUAL LEGISLATIVE FORUM 15TH ANNUAL LEGISLATIVE FORUM 15TH ANNUAL LEGISLATIVE FORUM 15TH ANNUAL LEGISLATIVE FORUM 15TH ANNUAL LEGISLATIVE FORUMPRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org May 12, 2006 - Issue #19 SB 1431 (Cox) is a bill that would allow all cities, upon approval of the city council, to use design-build contracting through January 1, 2017. This method is currently available only to some cities in California. The bill, currently held in the Senate Appropriations Committee, also allows design-build contracting for counties and special districts. If your city could benefit from using design- build contracting, the League encourages you to call or write Sen. Kevin Murray, chair, Senate Appropriations Committee, to express your sup- port for SB 1431. Sen. Murray can be reached by phone at (916) 651-4101 and his office fax number is (916) 445-8899. A sample letter can be found by looking up SB 1431 on the League’s website at www.cacities.org/billsearch. If you elect to send a letter, please send copies to the following people: • Sen. Dave Cox: (916) 651-4001 (office), (916) 324-2680 (fax) • Members of the Senate Appropriations Committee: (916) 445-8899 (fax) • Sen. Don Perata: (916) 327-1997 (fax) • Sen. Sam Aanestad: (916) 445-7750 (fax) • Chair and Members, Assembly Local Government Committee: (916) 319-3959 (fax) • Crystal Chase, consultant, Senate Repub- lican Caucus: (916) 445-3105 (fax) • Craig Swaim, consultant, Governor’s Office of Planning and Research: (916) 323-2675 (fax) • Liisa Lawson Stark, legislative representa- tive, League of California Cities: (916) 658-8240 (fax) Why We Support This Bill The option to use design-build contracting can bring greater efficiency to public contracting. The design-build method could be used on construc- tion projects costing over $2.5 million. SB 1431 will give cities maximum flexibility for timely and cost-effective completion of public works projects. Design-build contracting has also shown it is effective in reducing project cost and expediting project completion. Talking Points Below are some talking points to use when speaking with Sen. Murray: • Allowing cities options to use design-build contracting can bring greater efficiency to public contracting. • Design-build contracting has shown it is effective in reducing project cost and expediting project completion. • This bill allows cities to use design-build if desired, allowing cities the option of a more efficient process. • Design-build contracting combines the two major phases of a construction project into one. In this way the problems identified by a construc- tion contractor while building a project designed by a design contractor can be worked out before the construction actually begins. Public agencies save money by speeding the delivery of projects and by reducing litigation claims caused by change orders during the construction phase. • The collaborative project management envisioned by design-build completes work faster with fewer problems, and one entity is responsible for cost, schedule, and performance. In addition, the design-build contractor assumes all the risk to deliver the project on time. LEAGUE URGES SUPPORT ON SB 1431 LEAGUE URGES SUPPORT ON SB 1431 LEAGUE URGES SUPPORT ON SB 1431 LEAGUE URGES SUPPORT ON SB 1431 LEAGUE URGES SUPPORT ON SB 1431 BILL WOULD SAVE CITIES TIME AND MONEY BY USING DESIGN-BUILD CONTRACTING 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 FIND A BILL, LEGISLATORS, LEG FIND A BILL, LEGISLATORS, LEG FIND A BILL, LEGISLATORS, LEG FIND A BILL, LEGISLATORS, LEG COMMITTEE - OR ASK LEG STAFF COMMITTEE - OR ASK LEG STAFF COMMITTEE - OR ASK LEG STAFF COMMITTEE - OR ASK LEG STAFF COMMITTEE - OR ASK LEG STAFFVisit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS May 12, 2006 - Issue #19 LEG ACTION DAYS LEG ACTION DAYS LEG ACTION DAYS LEG ACTION DAYS LEG ACTION DAYS from page 1 from page 1 from page 1 from page 1 from page 1 ?????????????????? ????????????????????? You have an opportunity to show your support for the League and your city, by coming to Sacra- mento next week on May 17 and 18, and partici- pating in the League’s Legislative Action Days. Visit www.cacities.org and sign up NOW to attend the League’s annual Legislative Action Days in Sacramento. Speakers at the May 17 General Session include: • Senate President pro Tem Don Perata, speaking on the infrastructure investment pack- age. • Sen. Bob Dutton, who played a major role in securing $1 billion for transportation fund- ing for cities in SB 1266 (Nunez/Perata), the bond measure that will appear on the November ballot as Proposition 1B. • Sen. Lloyd Levine, chair, assembly Utilities and Commerce Committee, and co- sponsor of AB 2987, the telecommunications reform measure. • Assemblymember John Laird, chair, Assembly Budget Committee, who will talk about the state budget. Attendees will also hear updates on telecom- munications reform, housing, and Prop. 42 funding League Executive Director Chris McKenzie. John Shirey, Executive Director of the California Redevelopment Association, will provide an update on legislation and ballot measures affecting eminent domain and redevel- opment authority. Also attending and accepting our thanks for their leadership in passing the infrastructure investment package: Senate Majority Caucus Chair Tom Torlakson, Senate Minority Leader Dick Ackerman, Senate Transportation and Housing Chair Alan Lowenthal, and Assembly Minority Leader George Plescia. An evening legislative reception on May 17 will provide additional opportunities to mingle with legislators, and thank those representatives who supported the infrastructure package. The May 18 General Session offers an opportu- nity to learn more about the administration’s plans affecting cities from Department of Housing and Community Development Director Lynn Jacobs, and Terry Abbott, Caltrans Division Chief for Local Assistance. Don’t miss this opportunity to join hundreds of local officials and state officials to meet one-on- one with legislators to urge them to work with us on critical issues affecting cities. This is your League, and your opportunity to show your support for what the League is doing for cities. Registration is free – but we do need a count for our May 17 Legislative Reception and other events. Visit www.cacities.org to view the initial program agenda. Register online at www.cacities.org/events. Issue Papers: Download background materi- als at www.cacities.org/lad that will aid in your legislative lobbying, including “Housing & Infra- structure,” “Telecommunications Reform” and “Eminent Domain.” The League wants to stay in touch! Just because you are leaving your position with the city doesn’t mean you stop caring about or wanting to be involved in city issues. Keep abreast of developments affecting cities and the League by becom- ing part of the League’s alumni group. Members will receive periodic updates on city issues and League activities. This is the League’s way of saying “thank you” for your public service—there is no fee for this service. To join, go to www.cacities.org/alumni or send your contact information to dharrison@cacities.org. Leaving City Office? Retiring?PRIORITY FOCUS - PAGE 7 Visit the League’s Official Website--www.cacities.org May 12, 2006 - Issue #19 ACA 30 ACA 30 ACA 30 ACA 30 ACA 30 from page 1 from page 1 from page 1 from page 1 from page 1 It is no secret that California’s levee system is in a dismal state. Existing levees need upgrades and ongoing maintenance for the communities that are already behind them. Agriculture levees need upgrades before urbanization can proceed behind them. In addition, once the upgrades are completed, the levees require ongoing mainte- nance and repairs. Statewide Impacts from Levee Failures It is important to recognize that levee failures in the Sacramento-San Joaquin River delta have water quality, water supply and economic state- wide impacts beyond the local or regional levee break situation. For example, fresh water from the Sierra Nevada flows through the delta to pumps and then into millions of homes in Southern California, providing water for over 23 million people. Thus, cities throughout California should request its passage. ACA 30 passed the Assembly Local Govern- ment Committee this week and will go straight to the Assembly Floor. As a constitutional amend- ment, ACA 30 will require a two-thirds vote to move on to the Senate – meaning that it will require Republican support to pass. With the recent passage of the package of infrastructure bonds – including one to address in part levee problems – the Legislature and Administration took a major step forward to address California’s lagging infrastructure needs. Passage of ACA 30 is another piece of the infrastructure puzzle. The ability of local agencies, not only in the delta area, but elsewhere in the state, to raise revenue to improve levee operations and maintenance will be facilitated with ACA 30. Depending upon when ACA 30 passes the Legisla- ture, it would be on the next general election ballot – perhaps as early as this November, or in June 2008. All cities should contact their Assembly Mem- bers to indicate their support of ACA 30 and to request an “aye” vote. ????????????? ? ? Sens. Dunn, Escutia and Kuehl voted “aye,” while Sens. Morrow and Ackerman voted “nay.” SB 1330 contains various attorney fee provi- sions that collectively expand the range of plain- tiffs that can collect attorney fees against local agencies under three separate housing laws. Under existing law, the code of civil procedure Section 1021.5 already provides that low-income housing advocates can recover attorney fees against public agencies. This bill would further expand these provisions to developers, which will lead to efforts to intimidate local decision makers, resulting in poor land use decisions and sprawl. An effective case has not been made for exposing local tax dollars to attorneys representing develop- ers in much higher tax brackets, who may be building up to 1,000 housing units nationwide. Governor’s Veto Message from Last Year The language is this measure is similar in some respects, more expansive in others, to language contained in bills that were vetoed last year by the Governor: AB 712 (Canciamilla) and AB 1227 (Torrico). In his veto message on AB 712, the Governor expressed his concerns that such efforts would not assist housing affordability in our state: “Our local government partners have an important role and tremendous responsibilities in the process. Providing incentives for third parties to sue local governments over housing decisions, as provided in this bill, is inappropriate and does not build any additional housing. The threat of lawsuits diminishes flexibility and creativity when designing a community, and lawsuits divert valuable tax dollars that could be used by local governments.” In his veto message on AB 1227, the Governor stated his concerns with the attorney fee lan- guage: Continued on Page 8 SB 1330 SB 1330 SB 1330 SB 1330 SB 1330 from page 1 from page 1 from page 1 from page 1 from page 1 ????????? ?????Visit the League’s Official Website--www.cacities.org PAGE 8 - PRIORITY FOCUS May 12, 2006 - Issue #19 “This measure would not alleviate this prob- lem, but rather, could lead to increased litigation against our cities and counties.” The League agrees with the Governor that offering taxpayer funds to attorneys to challenge changes in local residential zoning may have unintended effects. Clearly, the message being sent to local government is the following: • Do not zone land for residential develop- ment, because if you ever want to change the zoning you can be sued. • Do not zone land for higher density, be- cause you can be sued for down zoning to lower densities. • Do not change residential zoning, even when the property owner requests it, because the local government can be sued. What Cities Can Do Cities are encouraged to write an opposition letter to SB 1330 to Sen. Joe Dunn and copy their Senator and Member of the Legislature. A sample letter is available by looking up SB 1330 on the League’s bill search, located at www.cacities.org/ billsearch. ??????????? ?????????????? SB 1330 SB 1330 SB 1330 SB 1330 SB 1330 from page 7 from page 7 from page 7 from page 7 from page 7 ADMINISTRATIVE SERVICES SB 1179 (Morrow). Skateboard Parks. Liability. Hey, city dudes and dudettes, we have good news! SB 1179 was amended and passed the Senate Judiciary committee. As introduced, it would have added skateboarding to the list of hazardous recreational activities (HRA), thus giving cities expanded liability protection for inju- ries at skateboard parks and elsewhere. But, the bill was thrashed a bit in the commit- tee and amended before it passed with a unani- mous vote. Faced with a clear defeat with straight HRA status, the author accepted the chair’s suggestion to instead amend existing law to reduce the age threshold at which cities enjoy limited liability protection for injuries at skateboard parks from 14 to 12 and to extend the sunset date four years (from January 2008 to January 2012). Some in the skateboard community are not happy with this result, since they want straight HRA in order to avoid having to wear helmets and pads. However, the League supports the amend- ment and SB 1179 as a step forward in recogniz- ing the need to lower the age threshold, thus providing cities with better protection. Cities with skateboard parks should send letters of support to the author and their Senators. Staff: Yvonne Hunter; Status: Pending on SenFlr; Position: Support. The following are summaries of just a few of the legislative bills that are currently being acted upon by the League of California Cities. For more information about these and other bills, please visit the League website’s new “Issues and Advocacy” page (www.cacities.org/ issuesandadvocacy) – a one-stop location to access information about legislation, policy issues and related developments. You can track information on bills (www.cacities.org/legtracking), locate legisla- tors and legislative committees, send letters to legislators or the media through the online Advocacy Center, research League policy positions, access useful related links, and much more. Le Le Le Le Legisla gisla gisla gisla gislati ti ti ti ti v v v v ve Bill e Bill e Bill e Bill e Bill Action Action Action Action Action