Legislation Details

File #: HIST-7390    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 2/11/2008 Final action: 2/11/2008
Title: League of California Cities Priority Focus Editions #4 and #5.
Attachments: 1. League of California Cities Priority Focus Edition - L-1A__Priority Focus Issue #4.pdf, 2. League of California Cities Priority Focus Edition - L-1B__Priority Focus Issue #5.pdf
IN THIS ISSUE: Jan. 25, 2008 Issue #4-2008 Page 3: Calls Needed to Oppose Bill on Vacancy Decontrol for Mobilehomes Page 4: PUC Releases Draft Resolution on Reallocation of Rule 20A Funds Flood Protection Law Implementation Workshop: Feb. 14, 2008 Page 5: Find a Bill, Legislators, Leg Committee, or Ask League Leg Staff GOVERNOR’S MEETING WITH CITY AND COUNTY LEADERSHIP FOCUSES ON STATE-LOCAL COLLABORATION Gov. Arnold Schwarzenegger, in an effort to work collaboratively with local government in the delivery of public services, met with leaders from the League of California Cities and the California State Association of Counties (CSAC) on Wednesday, Jan. 23. For more, see Page 2. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• HOMEOWNERS PROTECTION ACT QUALIFIES FOR JUNE 2008 BALLOT Eminent Domain Reform Now, the coalition working to support responsible eminent domain reform, announced Wednesday, Jan. 23 that the Homeowners Protection Act has qualified for the California statewide June 2008 ballot. For more, see Page 2. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• SUMMARY OF GOVERNOR’S PROPOSED INFRASTRUCTURE BONDS AND ACTIONS Components of Gov. Arnold Schwarzenegger’s FY 2008-09 proposed budget provide funding for infrastructure of critical importance to cities. Funding from the 2006 infrastructure bonds (Propositions 1B-1E and 84) is just starting to be allocated in the amounts proposed in the FY 2007-08 budget. The Governor’s proposed FY 2008-09 budget includes additional allocations from the 2006 infrastructure bonds. He has also proposed new bonds and several infrastructure-related concepts as part of his Strategic Growth Plan. The bonds are being proposed for ballots in 2008 and 2010. For more, see Page 3. 2 ‘Governor’ Continued from Page 1… League President and San Diego City Council Member Jim Madaffer, Second Vice President and Rolling Hills Estates Council Member Judy Mitchell and Immediate Past President and Riverside Mayor Ron Loveridge represented the League. The Governor called the meeting to brief local government leaders on California’s serious budget deficit and his plan to continue to move the state forward while addressing the looming shortfall. Included in the Governor’s agenda are programs he wants to accelerate because of the direct impact they can have on the economy. Specifically, he intends to issue the remaining 2006 infrastructure bonds approved by voters, which amounts to about $29 billion. Some of these funds will finance critical state and local transportation projects. The Governor also told local government leaders that he is committed to pushing for a healthcare package in the legislature. Along with outlining his proposal to place restrictions on expenditures during economically robust times, the Governor asked for input from local governments on potential budget solutions and was interested in the reaction of local government officials to his proposed budget. The leaders in the room expressed concern over a number of the local government proposals in his budget, but were also quick to recognize the magnitude of the problem faced by the Governor and legislature in closing an estimated $14 billion deficit. The local officials in attendance were supportive of the Governor’s efforts to put the state’s bond money to work on infrastructure needs in California. League President Jim Madaffer assured the Governor that cities were ready to put the bond money to good use, in particular, the transportation money passed by the voters in Proposition 1A (2006). The meeting rounded out with a discussion of how the Governor hopes to deal with the state’s projected cash flow problems over the next 12 to 18 months. As part of his strategy, he proposed delaying payments on the Highway Users Tax (per gallon gasoline excise tax) to local governments for five months. The League’s leadership was concerned that this delay could postpone local projects. These projects are important to the communities and the overall economy. The Governor’s staff said that they were not wedded to any particular program on the list of proposed budget delays, but also reiterated the serious nature of the cash flow problem and how it could only be managed with an array of solutions. As the meeting concluded, the Governor encouraged local officials to continue the dialogue with the Administration throughout the budget process. The League will continue to monitor the budget and will issue updates through Priority Focus and the Web site (www.cacities.org). The League’s analysis of the Governor’s proposed FY 2008-09 budget is available online at www.cacities.org. _____________________________________________________________________________ ‘Homeowners Protection Act Qualifies’ Continued from Page 1… If passed by voters, the Homeowners Protection Act would provide solid protections for homeowners by prohibiting governments from taking an owner-occupied home to transfer to a private party. The measure is a direct response to the U.S. Supreme Court’s infamous Kelo v. City of New London decision of 2005. The broad coalition supporting the Homeowners Protection Act includes seniors, homeowners, business, labor, environmentalists, affordable housing advocates, public safety leaders and local government. Last week the so-called California Property Owners and Farmland Protection Act qualified for the June ballot. This anti-rent control measure would also eviscerate local land use planning, gut environmental protections and undermine public water projects needed to ensure the state an adequate supply of clean drinking water. The deeply flawed measure, also known as the “Hidden Agendas Scheme,” is being funded by wealthy apartment owners and mobile home park owners. 3 For more information on both initiatives and the campaign, visit http://eminentdomainreform.com. _____________________________________________________________________________ ‘Infrastructure Bonds and Actions’ Continued from Page 1… Below is a listing of the Governor’s proposed bonds and new infrastructure-related initiatives: • Water Bond: A $11.9 billion general obligation bond with funding designated as follows: $3.5 billion for additional storage, $2.4 billion for Delta sustainability, $3.1 billion for water conservation, $1.1 billion for resource area restoration, $1.1 billion for water quality improvement, and $700 million for a variety of projects. • K-12 School Bond: An $11.6 billion bond divided between the 2008 and 2010 election cycles. • Higher Education Bond: A $12.3 billion bond divided between the 2008 and 2010 election cycles with allocations for the UC, CSU and community college systems. • High Speed Rail: A modified version of the high speed rail bond that is currently scheduled for the November 2008, ballot with changes designed to ensure sufficient financing for the system is put in place. • Court Facilities: A $2 billion bond to upgrade court facilities. • Performance-Based Infrastructure: This proposal would expand the authority of state and local governments to use public-private partnerships to develop, maintain or operate various types of infrastructure projects. • Strategic Growth Council: This proposed state council would be responsible for coordinating investments in air and water quality, improving natural resource protection, increasing the availability of affordable housing, improving transportation, meeting the goals of AB 32, and encouraging sustainable land use. The Strategic Growth Council would also “collect, manage and provide data and information to local governments that will assist local governments in developing and planning sustainable communities.” It is important that city officials begin to become familiar with these proposals. While most of the political focus is now on the state’s budget difficulties, the above proposals are going to be the subject of legislative discussions during the 2008 Legislative session. The Governor’s Strategic Growth Plan is available online at www.ebudget.ca.gov. ____________________________________________________________________________ Calls Needed to Oppose Bill on Vacancy Decontrol for Mobilehomes The League of California Cities is opposed to AB 1309 (Calderon), which would establish vacancy decontrol for mobilehomes sold in mobilehome parks in jurisdictions with local rent control ordinances. The bill will be up for vote in the Assembly floor before Jan. 31, which is the deadline for bills to move from their house of origin to the other house of the Legislature. This bill provides that if a tenancy in a mobilehome park is voluntarily terminated, the management may set the initial rent for a space when there is a change in ownership of the mobilehome on that space. In other words, when a resident moves out, the mobilehome park owner can increase the rate to what ever amount they want. Passage of this bill would result in the overturning of local rent control ordinances. Cities would lose an important source of affordable housing with each change in tenancy. The League opposes any legislation that restricts the ability of cities to enact rent control ordinances for mobilehomes. A local jurisdiction is in the best position to assess the local housing conditions and needs, and determine what controls need to be implemented to protect affordable homeowners and renters. 4 Take Action! The League requests cities to call their representative in the California State Assembly at their Capitol office on Monday, Jan. 28 to request a ‘NO’ vote on AB 1309. Contact information for your representative can be located online at www.leginfo.ca.gov. ___________________________________________________________________________ PUC Releases Draft Resolution on Reallocation of Rule 20A Funds The California Public Utilities Commission (PUC) released a draft resolution on Jan. 15 for comment on the Rule 20A reallocation rehearing. This resolution addresses concerns raised by the League regarding criteria used to determine whether a city’s undergrounding program is inactive. The League also asked the PUC to examine whether sufficient notice was given to potentially affected cities whose funds were at risk. The League submitted a request for rehearing after PUC issued a ruling in August 2007 allowing Southern California Edison to reallocate Rule 20A funds from so-called “inactive” cities to a city that needed additional funding for an undergrounding project. Rule 20A refers to funds that are available to finance electrical utility undergrounding projects. The PUC granted the League’s request late last year and issued the draft resolution after receiving comments from the League, individual cities, and electric utilities. League staff analysis concluded that the new resolution is a substantial improvement to the prior ruling. Under the draft resolution, a city will not be considered to have an inactive undergrounding program if it meets any of the following criteria: • The city has formally adopted an undergrounding district ordinance; or • The city has started or completed an undergrounding conversion project since 1999 or the city is currently planning an undergrounding conversion project; or • The city has received Rule 20A funds from only five years or fewer due to a recent incorporation. What is Next? Appendix A to the draft resolution lists the 18 cities in Edison territory that still do not meet any of the above criteria. A city on this list may be removed if it can demonstrate that it meets one of the three criteria listed above. The PUC is scheduled to review the draft resolution on Feb. 14. If the resolution is approved at that time, any city included in Appendix A will have until June 1 to demonstrate that it is not an inactive city by showing it meets one of three criteria. Comments on the draft resolution must be submitted to the Commission by Feb. 4. The document can be found on the PUC’s Web site at www.cpuc.ca.gov/puc. ____________________________________________________________________________ Flood Protection Law Implementation Workshop: Feb. 14, 2008 The League of California Cities is co-sponsoring a workshop on Thursday, Feb. 14 for local government officials on the 2007 flood package with an emphasis on the impact the legislation will have on the roles and responsibilities of cities and counties. This comprehensive package of bills includes statutory changes that would require all cities and counties to increase consideration of flood risks in their general plans, and creates a new standard in flood protection for urban development in the Sacramento-San Joaquin region. Workshop participants will have the opportunity to: 5 • Hear from the Department of Water Resources; • Learn from experts about the flood package’s local government liability provisions; and • Learn how Sacramento and West Sacramento has worked to meet the 200-year flood requirements. Workshop Details Thursday, Feb. 14 10 a.m.-3:30 p.m. California State Association of Counties Conference Center 1020 11 th Street, Second Floor Sacramento, CA 95814 There is no cost to attend and lunch will be provided. Along with the League, the event is being sponsored by the Regional Council of Rural Counties, the California State Association of Counties and the California Chapter of the American Planning Association. Register Now! Space is limited at this workshop. Register now by contacting Stanicia Boatner at sboatner@counties.org. _____________________________________________________________________________ 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. _____________________________________________________________________________ IN THIS ISSUE: Feb. 1, 2008 Issue #5-2008 Page 3: Nominate an Outstanding Leader for the 2008 California Civic Leadership Institute Page 4: Proposition 1B Bond Implementation Matrix Available Infill Infrastructure Bond Application Workshops Scheduled for February Register Now for February Green Purchasing Seminars Page 5: Find a Bill, Legislators, Leg Committee, or Ask League Leg Staff HEALTH CARE REFORM BILL HELD IN SENATE HEALTH COMMITTEE Members of the Senate Health Committee failed to pass ABX1 1 (Núñez) on Monday, Jan. 28. The healthcare reform legislation, which was supported by Gov. Arnold Schwarzenegger, was the culmination of more than a year of discussion and negotiations. The legislation was designed to cover 3.7 million uninsured Californians. For more, see Page 2. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PROPOSES INMATE POPULATION REDUCTION PROGRAM The California Department of Corrections and Rehabilitation (CDCR) released two state prison inmate and parolee population reduction program proposals in January to address widespread inmate overcrowding as well as potential major Department budget cuts. For more, see Page 2. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• MOBILEHOME VACANCY DECONTROL BILL DIES ON ASSEMBLY FLOOR On Tuesday, Jan. 29, AB 1309 (Calderon) died on the Assembly floor. The bill would have provided that if a tenancy in a mobilehome park was voluntarily terminated, the management could then set the initial rent for a space when there was a change in ownership of the mobilehome on that space. For more, see Page 3. 2 ‘Healthcare Reform Bill’ Continued from Page 1… The bill failed to move out of the committee for several reasons. A review by the Legislative Analyst’s Office questioned whether the cost of the program would exceed the expected revenue generated through a companion initiative which had been filed with the Attorney General for title and summary. The initiative proposed a variety of mechanisms to fund the health care proposal including an increase of the cigarette tax and fees required to be paid by employers. In addition to the cost issues, legislators were concerned about the level and quality of services that would be provided through this program; they also lacked the ability to amend the bill because it was tied to various provisions of the proposed initiative. After ABX1 1 was defeated, Assembly Speaker Núñez did not request that the bill be provided an opportunity for reconsideration. This technically limits this bill’s future ability to move forward. The League will continue to monitor all new healthcare reform legislation and provide updates through Priority Focus and the League’s Web site. _____________________________________________________________________________ ‘Prisoner Release’ Continued from Page 1… Although the proposals are currently in draft form and are not for consideration by the Legislature, concerns about the public safety impact to cities are growing. City officials will want to understand the parameters of these proposals. Below is a summary of the sentence reduction and summary parole proposals. Sentence Reduction Proposal The first proposal would reduce the sentences for all state prison inmates by 20 months with exceptions for inmates who committed unlawful acts including violent or serious felonies, possession of deadly or dangerous weapons, sex offenses requiring sex offender registration, hate crimes, burglary, cocaine or heroin distribution, or forced labor, among other offenses. Ineligibility for the 20 month sentence reduction program applies to persons who are currently in state prison serving a sentence for committing a disqualifying offense, have committed a disqualifying offense while in prison (regardless of conviction status), have ever been convicted for a disqualifying offense, or have ever been convicted of any offense in another jurisdiction that would meet the criteria of a disqualifying offense. Summary Parole Proposal The second proposal would create “summary parole” in which an individual is under the jurisdiction of the CDCR but is not subject to regular and active supervision. Summary parole applies to all inmates upon completion of their term in state prison, except for those who served a sentence for a violent or serious felony, including murder, mayhem, rape, lewd or lascivious acts, or a threat of great bodily harm, or serious felonies involving dangerous or deadly weapons. In addition, individuals who are required to register as a sex offender are not eligible for summary parole. The parole authority may revoke an individual’s summary parole status and order that person return to prison only upon conviction of a new offense, meaning parole violations are not applicable to summary parolees. While summary parolees are not under regular and active supervision, they are subject to drug testing and search and seizure, with or without a warrant, at the request of any peace officer in the performance of his or her duties. In addition, an individual will be released from summary parole if he or she has been continuously on summary parole for one year, unless the CDCR recommends to the Board of Parole Hearings to retain that person on parole. _____________________________________________________________________________ 3 ‘Mobilehome Vacancy Decontrol’ Continued from Page 1… AB 1309 would have undercut the authority of local rent control ordinances for mobilehome parks, which would result in cities losing an important source of affordable housing. The author did not take the bill up for a vote in the Assembly most likely due to lack of support. In order to have moved to the Senate, AB 1309 would have needed to pass off the Assembly floor by Jan. 31. Because the bill was never taken up for a floor vote, it automatically died. The League wishes to thank everyone who called their legislator to ask for an “oppose” on this controversial bill. _____________________________________________________________________________ Nominate an Outstanding Leader for the 2008 California Civic Leadership Institute The nomination process is open for the League’s 2008 California Civic Leadership Institute (CCLI). Now in its fourth year, CCLI is an educational program focused on key state level issues for elected city officials who are interested in pursuing state office in the future. Last year, 15 city officials participated in top-notch programs led by prominent leaders and experts in public policy and politics in California. Because of the program’s impact, CCLI has been expanded for 2008 to offer more sessions throughout the year, including sessions open to CCLI alumni. Program Details Presented by the League Partners Program, CCLI exposes city officials to a variety of complex statewide priorities including transportation, housing, impact of increasing energy demand on our growing state, tribal issues and disaster preparedness. The program is designed to give local leaders a broad, in-depth understanding of critical issues affecting the state, illuminate the invaluable tools they will need to succeed if elected to the Legislature, and provide a forum where lasting bonds can be created among California’s rising leaders. Instead of just a standard classroom program, CCLI features informal roundtable discussions and takes participants out in the field. The program includes a tour of Big Creek, Southern California Edison’s hydro-electric facility, giving participants the opportunity to see first hand how electricity is generated and moved throughout the state. This year’s program is ideal for those already within leadership roles at the League, or for anyone interested in becoming a statewide advocate of local government. Nomination Process Any mayor, council member or professional city staff may nominate a current elected city official to participate in CCLI. Nominations may also come from any of the League’s constituency groups, or from the League Partners Program. Nominations must successfully convey the governance skills and accomplishments of the nominee, and should highlight any and all contributions toward League goals and/or the League’s mission of protecting local control. Nominees will be sent an application packet. Applicants will be asked to compose an essay outlining their individual goals and interests in the program. Nominations are due Friday, Feb. 29 by 5 p.m. The nomination form can be found at www.cacities.org/leaguepartners. Submit entries to Samantha Caygill by email at scaygill@cacities.org or by fax at (916) 658-8240. _____________________________________________________________________________ 4 Proposition 1B Bond Implementation Matrix Available The League has created a matrix outlining progress of guideline development and fund allocation status to assist cities with tracking the numerous Proposition 1B (2006) programs. This resource is available online through the League infrastructure page. Adrienne- Here is the link to the infrastructure page http://www.cacities.org/infrastructure. _____________________________________________________________________________ Infill Infrastructure Bond Application Workshops Scheduled for February Housing and Community Development (HCD) has scheduled application workshops in February for the Infill Incentive Grant Program. Proposition 1C (2006) included $850 million in bonds for housing. The FY 2007-08 budget appropriated $300 million of the funds. HCD is appropriating $240 million and the other $60 million is being appropriated by the CALReUSE program for brownfield cleanup. HCD’s February workshops will address the appropriation of the $240 million (an additional $550 million in this account remains to be appropriated in future years). The application process is expected to be very competitive for these funds. In addition to local agencies, developers, nonprofit housing builders, and business improvement districts are eligible for funding. The League strongly encourages those agencies planning on applying for funds to attend these workshops. Workshop Schedule Feb. 6, 1-4 p.m. The State Building 2550 Mariposa Mall, Room 1036 and 1002 Fresno Feb. 8, 9 a.m.-12 p.m. The Elihu M. Harris Building 1515 Clay Street, Room 1 and 2 Oakland Feb. 19, 1-4 p.m. Neighborhood Community Center 1845 Park Ave., Adams Room and Harper Room Costa Mesa Feb. 22, 1-4 p.m. VCGCB Building 400 R Street, Sacramento River Room Sacramento HCD has a matrix with complete information on the workshops. Adrienne—Please link (http://www.hcd.ca.gov/fa/Bond_Program_Workshops.pdf) _____________________________________________________________________________ Register Now for February Green Purchasing Seminars The next round of green purchasing seminars is scheduled for three Southern California cities in February. Sponsored by the League, U.S. Communities and the California State Association of Counties, these seminars will feature local and national experts on green purchasing best practices. The seminars are free to attend and lunch will be provided. 5 Seminar Details Feb. 19, 10:30 a.m.-3:30 p.m. OC Sailing and Event Center 34451 Ensenada Place, Dana Point Feb. 20, 10 a.m. - 3 p.m. San Diego County Administrative Center 1600 Pacific Coast Highway, San Diego Feb. 22, 10:00 a.m.- 3 p.m. Riverside County Administrative Center 4080 Lemon Street, Riverside Please contact Laura Li for more information or to register. She can be reached by e-mail lli@counties.org or by phone (916) 327-7500 ext. 560. _____________________________________________________________________________ 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. _____________________________________________________________________________