September 2, 2005
Issue #35-2005
WANT MORE DET AILS
ON BILLS?
Visit the League of
California Cities
website at
www.cacities.org/
billsearch.
SUPPORT CALIORNIA ARTS DAY ON OCTOBER 7
• TAKING YOUR AIRPORT INTO THE 21ST CENTURY
DEPARTMENT OF FINANCE RELEASES ESTIMATED TRIPLE FLIP PAYMENTS
• VEHICLE LICENSE FEES UPDATE
• CITY BALLOT MEASURE ACADEMY A HIT!
LEAGUE ANNUAL CONFERENCE WILL FEATURE SPECIAL SYMPOSIUM ON
UNDERSTANDING PUBLIC OPINION
• GREEN BUILDING 101 SEMINAR
• NLC LEADERSHIP OPPORTUNITIES AVAILABLE FOR CITY OFFICIALS
CALED ANNOUNCES UPCOMING EVENTS
BILL SUMMARIES
Page 2
Page 3
Annual Conference,
October 5-8, 2005 -
San Francisco
The Assembly Utilities and Commerce Committee, chaired by
Assemblymember Lloyd Levine, postponed discussions on telecommunica-
tions legislation until September 21
- after the current legislative session has
ended. For more, see Page 2.
LEGISLATIVE TELECOMMUNICATIONS DISCUSSIONS
POSTPONED UNTIL SEPT. 21
Preserving open space is a critical challenge for local agencies in Califor-
nia. To help them meet this challenge, the Institute for Local Government
(ILG) has published “Funding Open Space Acquisition Programs: A Guide for
Local Agencies in California.” For more, see Page 2.
ILG RELEASES GUIDE TO FUNDING OPEN SPACE
ACQUISITION PROGRAMS
Page 4
Page 5
Page 8
Reaction in the State Capitol to the recent United States Supreme Court
decision in Kelo vs. New London continued this week, as both the Senate and
the Assembly took up bills to restrict the use of eminent domain. For more,
see Page 6.
EMINENT DOMAIN UPDATE: PROPOSED CONSTITUTIONAL
AMENDMENTS STALLED, MULLIN AND KEHOE
LEGISLATIVE MEASURES ADVANCEVisit the League’s Official Website--www.cacities.org
PAGE 2/PRIORITY FOCUS
Celebrate “California Arts Day” on October 7!
Promoted by the California Arts Council, this fifth
annual celebration is designed to recognize the
role that arts such as music, theater, visual art,
poetry, dance, and creativity in general play in the
state.
The nonprofit arts annually provide $5.4 billion
in statewide economic activity, supporting more
than 160,000 jobs and generating $300 million in
local and state revenue, according to the 2004
study “The Arts, a Competitive Advantage for
California,” commissioned by the California Arts
Council and conducted by KPMG Peat Marwick.
The study also found that California has more
arts-related businesses and more people em-
ployed in the creative industries than any other
state.
Cities can do a number of things to support
this cause. They can adopt a city council resolu-
tion recognizing the value of the arts in their
community, write an editorial on how the arts play
a critical role in the community, or highlight arts
offerings of your community services department
in your October newsletter.
The annual California Arts Day is always on
the first Friday of October. For more ideas,
sample resolutions, and additional information on
the event, visit the California Arts Council website
at www.cac.ca.gov.
SUPPORT CALIFORNIA ARTS DAY
ON OCTOBER 7
TELECOMMUNICATIONS from page 1
The delay gives the League time to focus its
efforts on a comprehensive bill. The issue is far
from over and will certainly come back again next
year. It promises to be a very busy interim for
telecommunications. As always, the League will
keep you apprised on what’s happening with this
issue.
Does your city or a neighboring city have a
small airport? Then a new course put together
jointly by the University of California (UC) and
Caltrans may help you!
The new course, “Taking Your General Aviation
Airport Into the 21st Century,” is a short two-day
course designed to give a broad overview of the
rights and responsibilities of general aviation
airports in California.
The course will cover the state and federal role
in airports including rules, regulations and minimum
standards, land use, environmental protection,
pavement preservation, safety and security, man-
aging funds and building revenue, and the airport’s
importance as a community asset and resource.
The course is designed for city and county level
managers and elected officials and will be offered
on October 12-13 in Buena Park, November 2-3 in
Fresno, and on November 9-10 in Sacramento.
For more information and to register – please
visit the UC website at
www.techtransfer.berkeley.edu/training for the
Institute of Transportation Studies.
TAKING YOUR AIRPORT INTO THE
21ST CENTURY
The guide serves as a starting point for local
agencies analyzing open space planning, funding and
acquisition. Whenever practical, the guide identifies
additional resources for further information on issues
covered. The publication can be accessed through
ILG’s website at www.ca-ilg.org/openspace, together
with links to a wide variety of additional resources to
help local agencies fund open space acquisition
efforts. In addition, a complimentary copy will be sent
to each city and county (to the community develop-
ment or planning director).
The Resources Legacy Fund,
www.resourceslegacyfund.org, underwrote the costs
of production and is making it possible to provide
copies to local agencies throughout the state.
For more information, contact ILG’s Land Use and
Housing Project Director, Bill Higgins, at
higginsb@cacities.org.
ILG from page 1PRIORITY FOCUS/PAGE 3 Visit the League’s Official Website--www.cacities.org
Earlier this week, the California Department of
Finance (DOF) sent county auditors its estimates
for the 2005-06 triple flip payments and the 2004-
05 triple flip “true-up” adjustment amounts owed to
cities and counties.
A new method of calculation was used to
determine these estimates, resulting in a negative
adjustment of approximately $173 million state-
wide to the 2004-05 triple flip payments.
The Board of Equalization (BOE) submitted
numbers to DOF based upon a different methodol-
ogy than was used to calculate the initial 2004-05
triple flip estimates last year, which led to the
negative adjustment. In effect, the estimated
payments were made on a 10.5 months basis,
while the DOF is basing the true-up on nine
months (corresponding to the BOE quarterly
reports of actual amounts owed).
The League of California Cities and others
have worked with DOF over the past week to get
the department to reconsider these estimates to
be consistent with the earlier methodology, but has
not yet prevailed. To view the updated triple flip
estimates, please visit the League website at
www.cacities.org.
DEPARTMENT OF FINANCE RELEASES
ESTIMATED TRIPLE FLIP PAYMENTS
Last year, as a result of the Proposition 1A
budget agreement, cities received property tax in
lieu of a substantial portion of the vehicle license
fees. These distributions were made in January
and May of this year based on estimates devised
in September 2004.
The State Controller’s office is working to
determine what the actual Vehicle License Fee
(VLF) receipts were for the 2004-05 fiscal year to
determine the amount of property tax that is
needed to “true-up” (adjust) the VLF for last fiscal
year. This number is due to be transmitted to
counties on October 15.
While the League is not apprised of the exact
amount, it looks as if the VLF receipts have run
ahead of the estimates. If this proves to
beaccurate, the true-up on the property tax
should reflect this. As soon as an update on this
information is available, the League will alert
members.
For more information, please contact League
Legislative Representative Jean Korinke at (916)
658-8245, or e-mail at jkorinke@cacities.org.
VEHICLE LICENSE FEES UPDATE
The League’s new City Ballot Measure Acad-
emy (CBMA) held its third training session in
Walnut Creek on August 25. The course is de-
signed for local officials and others considering
placing a measure on the ballot. This session
drew attendees from over a dozen East Bay cities.
The CMBA helps local leaders decide whether
a ballot measure would be feasible in their commu-
nity, by walking community leaders through the key
elements of passing a local ballot measure.
CMBA topics include: legal do’s and don’ts, building
a campaign organization, organizing grassroots
support and messaging.
CITY BALLOT MEASURE ACADEMY A HIT!
Continued on Page 6
The League of California Cities’ 107th Annual
Conference opens on Wednesday, October 5, at
the Moscone Center West in San Francisco. Set
with the theme “Stepping It Up,” the conference will
be attended by more than 2,000 California may-
ors, council members and city officials, all discuss-
ing issues important to cities.
Topics of interest include housing and infra-
structure, telecommunications legislation, financ-
ing, effective management, leadership and gov-
ernment, and much more! Featured speakers will
include National League of Cities President and
Washington D.C. Mayor Anthony Williams, former
California Public Health Officer Richard Jackson,
M.D., and Dr. Steven D. Levitt, an economist with
the University of Chicago and author of
“Freakonomics.”
For more information and to register, please
visit the League’s website at www.cacities.org/ac.
SAVE THE DATE! LEAGUE ANNUAL
CONFERENCE OPENS OCTOBER 5Visit the League’s Official Website--www.cacities.org
PAGE 4/PRIORITY FOCUS
Have you signed up for the League Annual
Conference Symposium luncheon sponsored by
the Institute for Local Government (ILG)? The
symposium will take place on Thursday, October 6,
at the Moscone Center West in San Francisco. It
will feature Daniel Yankelovich, a pre-eminent
interpreter of public opinion trends in American
society. He will speak on “Gauging Public Opin-
ions and Preferences: Polling and Beyond.”
Mr. Yankelovich, the renowned author of The
Magic of Dialogue, comes highly regarded, particu-
larly from Rancho Cordova Mayor Ken Cooley.
“In our civic roles, ‘public opinion’ is as perva-
sive as the air we breathe,” Cooley explained.
“Speaking from the unique storehouse of a long
and vast career, Mr. Yankelovich’s insights will
inevitably change how you understand the currents
in the public opinion you face.”
“In addition to heightening your insights into
polls and poll outcomes, his sense of how and why
public opinion changes over time points to opportu-
nities for new engagement strategies for local
officials,” the Rancho Cordova mayor added. “If you
come seeking deeper insights into how ideas rise,
gain visibility, and shape public attitudes, Daniel
Yankelovich will send you away satisfied.”
Celebrating its 50th anniversary, ILG’s mission
is to share forward-thinking information with local
officials to assist them in their service to their
communities. Copies of Mr. Yankelovich’s book,
The Magic of Dialogue, will also be available for
purchase through CITYBOOKS at the symposium.
Attendance at this event is subject to a $40
add-on fee to defray the cost of the lunch. ILG is
seeking sponsors to defray other costs and to
support the Institute’s work program in general. To
learn more or sign up for the symposium, go to
www.ca-ilg.org/symposium.
LEAGUE ANNUAL CONFERENCE WILL
FEATURE SPECIAL SYMPOSIUM ON
UNDERSTANDING PUBLIC OPINION
Interested in bringing your leadership and profes-
sional experience to a national level? The National
League of Cities (NLC) is now forming its 2006 commit-
tees and is accepting applications for various positions.
To be considered for NLC Chair and Vice Chair
positions of any NLC committee, panel, or council,
please download the application from the League of
California Cities website at www.cacities.org. The
deadline for this application is October 3, and this
application must be mailed directly to NLC.
Similarly, if you are interested in being on any NLC
committee, panel, or council, including the Policy &
Advocacy Steering Committees, download the applica-
tion from the League of California Cities website at
www.cacities.org, and mail it directly to NLC. The
deadline for these applications is November 14.
If you would like to be considered for the NLC
Policy & Advocacy committee, again, download this
application on the League website at www.cacities.org.
However, this particular application must be mailed to
the League of California Cities, and must be received
no later than December 12.
For more information on NLC, visit the NLC website
at www.nlc.org. If you have any questions regarding
the application process, please contact League staff
member Linda Welch Hicks at (916) 658-8224, or via e-
mail at lhicks@cacities.org.
NLC LEADERSHIP OPPORTUNITIES
AVAILABLE FOR CITY OFFICIALS
What is a green building? And, is it for you?
Find out if green buildings make sense in your city,
at a full day program sponsored jointly by the League
and the Building Industry Association (BIA) of Southern
California. The program will cover green building
benefits in relation to implementation costs, and pro-
vide information that is vital to forward-thinking decision
makers.
The “Green Building 101 Seminar” will be held on
October 10, from 8:30 a.m. to 4 p.m., at the Downey
Energy Resource Center in the city of Downey. Regis-
tration fees ($169 for city officials) include course
manual, continental breakfast and lunch. For
more information, visit the Southern California BIA’s
website at www.biasc.org.
GREEN BUILDING 101 SEMINARVisit the League’s Official Website--www.cacities.org PRIORITY FOCUS/PAGE 5
The California Association for Local Economic
Development (CALED) recently announced a
number of upcoming events for the remainder of
2005, and into 2006.
Annual Workforce Policy and Leadership
Conference: Sept. 6-8, 2005
The annual Workforce Policy and Leadership
Conference – Meeting of the Minds in Monterey
(M3), will include more than 300 participants from
education, business, economic development,
social service, labor, and workforce development.
This year’s theme, “From Tired to Inspired,” is
designed to spark new innovation and creativity for
the workforce system.
For more information, please visit the
conference’s website at www.calworkforce.org,
and click on “Conferences and Workshops.” If
you’d like to register by phone, please contact
Monica Sobala at (916) 325-1610.
CALED San Diego Chapter Meeting: Sept. 15,
2005
CALED’s San Diego Chapter would like to
extend an invitation to all interested parties to
attend a special meeting to bring together the
area’s economic development leaders and stake-
holders to establish a core group of participants to
shape the Chapter’s mission and goals.
The meeting will be held on September 15, at
2:30 p.m. at the Four Points by Sheraton, located
at 8110 Aero Drive in San Diego. For more infor-
mation, or to RSVP, please contact Gurbax
Sahota at gsahota@caled.org.
CALED Inland Empire Chapter Meeting: Oct.
20, 2005
Nancy Martin, chair of CALED’s Inland Empire
Chapter and economic development manager for
the City of Corona, would like to invite all inter-
ested parties to attend the Chapter’s next quar-
terly meeting on October 20 in Riverside. The
meeting will take place at 9 a.m. in the Mayor’s
Ceremonial Room in Riverside City Hall.
The meeting will help set the topics for future
meetings, and all attendees should be prepared to
give a two-minute elevator pitch on a project you
have underway or recently completed. For more
information, or to RSVP, please contact Gurbax
Sahota at gsahota@caled.org.
Keys to Successful Economic Development
Training, Northern California: Jan. 18-20, 2006
CALED, in partnership with the California
Academy for Economic Development, will present
“Keys to Successful Economic Development” – a
training course on the fundamental concepts,
tools and skills needed to be successful in eco-
nomic development given today’s political, eco-
nomic and business environment.
This course is a pathway to IEDC Certification.
CALED encourages anyone interested in eco-
nomic development to participate in this in-depth,
interactive opportunity to gain a comprehensive
understanding of the keys to successful economic
development. For more information, visit the
CALED website at www.caled.org/pdfs/
trainingflyer.pdf
CALED Annual Spring Conference: April 24-26,
2006
Building on the success of last year’s confer-
ence, CALED will present its 2006 Annual Confer-
ence in Palm Springs at the Wyndham Hotel on
April 24-26, 2006.
Join CALED in a quality opportunity to network
with peers, learn new ideas, and refresh your
knowledge. For more information, contact Kay
Reynolds, vice president of Special Projects at
kreynolds@caled.org or call (916) 448-8252, ext.
104.
Keys to Successful Economic Develop-
ment Training, Southern California: July 26-28,
2006
CALED, in partnership with the California
Academy for Economic Development, will present
CALED ANNOUNCES UPCOMING EVENTS
Continued on Page 6Visit the League’s Official Website -- www.cacities.org
PAGE 6/PRIORITY FOCUS
CALED from page 5
“Keys to Successful Economic Development” – a
training course on the fundamental concepts, tools
and skills needed to be successful in economic
development given today’s political, economic and
business environment.
This course is a pathway to IEDC Certification.
CALED encourages anyone interested in economic
development to participate in this in-depth, interac-
tive opportunity to gain a comprehensive under-
standing of the keys to successful economic
development. For more information, visit the
CALED website at www.caled.org/pdfs/
trainingflyer.pdf
Cost of Doing Business Survey Available
The Rose Institute of State and Local Govern-
ment and the Kosmont Companies have once
again collaborated to produce the Kosmont-Rose
Institute Cost of Doing Business Survey. If you are
a member of CALED, they are offering you the
opportunity to purchase the survey or city profiles at
a 20 percent discount. For more information visit
the CALED website at www.caled.org/pdfs/
05kosmontsurvey.pdf.
Successful ballot measures are well-drafted
and responsive to voter needs. They also require
carefully planned and executed campaigns to pass.
And, no public resources may be used for ballot
measure advocacy—including staff time.
Is your city or agency considering placing a
measure on the ballot in an upcoming election? If
so, please contact your League regional represen-
tative for information on the CBMA. (Contact
information for League regional representatives is
available on the League’s website.)
Editor’s Note: These programs are intended for
local officials who are in the exploratory stages
relating to ballot measures. If your agency already
has a measure on the ballot, please consult with
your agency attorney about the extent to which
public resources may be used to attend such a
program.
BALLOT MEASURE ACADEMY from page 3
EMINENT DOMAIN from page 1
Continued on Page 7
In the Senate:
AB 1162 (Mullin). On August 31, the Senate
Judiciary Committee voted 5-2 in favor of AB
1162, legislation that would put in place a two-
year moratorium on the use of eminent domain
for owner-occupied housing. It also calls for a
study on the use of eminent domain over the last
ten years, but the study has been expanded to
include commercial as well as residential prop-
erty. The aye votes were committee chairman
Joe Dunn (Santa Ana), Gil Cedillo (Los Angeles),
Martha Escutia (Whittier), Liz Figueroa (Sunol),
and Sheila Kuehl (Santa Monica). The no votes
were Senators Dick Ackerman (Irvine) and Bill
Morrow (Oceanside).
SCA 15 (McClintock) and SCA 12
(Torlakson). Also considered at the hearing
were SCA 15 (McClintock) and SCA 12
(Torlakson and Kehoe). SCA 15 would amend the
constitution to prohibit the use of eminent domain
for any property that will not be owned and
occupied by a government agency. The measure
is opposed by the League, the Western Center
on Law and Poverty, the California Redevelop-
ment Association (CRA), and a number of indi-
vidual cities.
SCA 15 failed on a 2-3 vote, again along party
lines with two Democrats not voting. Senators
voting against were Senators Gil Cedillo, Martha
Escutia, and Sheila Kuehl. Senators voting for
SCA 15 were Dick Ackerman and Bill Morrow.
The measure was granted reconsideration,
which means that it can be brought up again for
another vote.
The Torlakson measure, SCA 12, would
amend the constitution to prohibit the use of
eminent domain that would involve the taking of
owner-occupied residential property for private
use. Following discussion, that measure was
held in committee at the request of the author.
Mullin Rejects Eminent Domain Ban. The
votes on all the measures came after four hours
of testimony at a quickly called meeting of theVisit the League’s Official Website -- www.cacities.org PRIORITY FOCUS/PAGE 7
EMINENT DOMAIN from page 6
committee, with little prior notice. The committee
first took testimony on all the measures. All the
members then had an opportunity to comment on
the use of eminent domain in California and
whether, based upon the testimony received, they
believed there was a need to strengthen California
laws governing the use of eminent domain.
In presenting AB 1162, Assemblymember
Mullin argued that his proposal for a temporary and
focused moratorium combined with a study to
gather the facts, was a reasonable alternative to
the sweeping ban on all eminent domain actions
where the public agency did not own and control
the property.
Mullin also strongly cautioned the committee to
reject the emotional arguments of property rights
advocates for a ban on the taking of private prop-
erty for public uses, when that public use benefits
other private parties. He described the essential
role eminent domain played in revitalizing South
San Francisco during his tenure as a city
councilmember. He argued that the committee
should not pass a measure such as SCA 15
because it will limit the ability of local governments
to build much-needed affordable housing and
restore the economic health of their communities.
A number of committee members also ques-
tioned whether or not a moratorium was neces-
sary, given that a number of land use experts have
opined that the Kelo decision did not change
California law, which contains numerous provi-
sions more stringent that those used in the Con-
necticut decision.
League Presses for Crucial Amendments.
Neither the League nor CRA formally opposed AB
1162, but both organizations pointed out problems
with the bill, not the least of which is that it will
delay or kill some redevelopment projects in the
state.
Responding in part to these arguments, the
committee passed the measure with the under-
standing that the that it would be amended to
narrow the application of the moratorium so that it
would apply only to the use of eminent domain
involving single family, owner-occupied homes.
Other amendments will clarify the issues that
should be addressed in the study to be under-
taken by the Legislative Research Bureau during
the two-year period that the moratorium is in
effect.
Assembly Passes SB 1026 (Kehoe). The
Assembly Judiciary Committee also acted on
eminent domain on September 1, passing SB
1026 on a vote of 6-2. The measure was taken up
one day after a rule waiver was granted on the
floor of the Assembly that allowed the Assembly
Rules Committee to meet off the floor to pass the
measure on to the policy committee.
The plan appears to be for SB 1026 to contain
language identical to AB 1162, and to move both
bills. AB 1162 is expected to heard next week in
Senate Appropriations; SB 1026 is slated for a
hearing next week in Assembly Housing and
Community Development and then Appropriations.
Assemblymember Salinas is a co-author of
AB 1162, and Senator Kehoe and
Assemblymember Evans are principal co-authors.
Assemblymembers Mullin and Salinas have
similarly signed on to SB 1026 as principal co-
authors.
Mullin Exercises Leadership on Eminent
Domain. City officials should thank
Assemblymember Mullin for his thoughtful leader-
ship on this critical issue. He has worked hard
and very effectively to develop an approach that is
clearly intended to slow down the misinformed
anti-eminent domain juggernaut that has swept
through the media since the Kelo decision some
eight weeks ago.
The League will continue to argue that there is
no demonstrated need for the moratorium, given
that this and all eminent domain-related bills are a
political reaction to the U.S. Supreme Court’s Kelo
decision, which had no effect on California laws.Visit the League’s Official Website -- www.cacities.org
PAGE 8/PRIORITY FOCUS
Legislative Bill 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.
ADMINISTRATIVE
SB 861 has passed the legislature and is on its
way to Gov. Schwarzenegger awaiting action. SB
861 would authorize local governments to enact
additional regulations related to dangerous and
vicious dogs that are specific to individual breeds,
provided that the local regulations do not constitute a
ban on the breed.
In 1989, California enacted a law that limited the
authority of local governments to adopt breed-
specific local ordinances to regulate vicious dogs.
Prior to that law, local governments were authorized
to enact breed-specific laws. SB 861 properly
revisits the decision to limit local authority.
SB 861 is in response to a number of tragic
situations in which dogs have attacked and injured or
killed children and adults. As a result, San Francisco
evaluated what steps could be taken by local govern-
ments to prevent canine-related injuries. The report
recommends a number of sensible and proactive
regulatory steps that local governments could enact
for individual breeds, if existing law is changed to
provide that such authorization. SB 861 reflects a
number of steps included in the report, but stops
short of authorizing a local government to enact
breed specific bans.
The League supports SB 861 as a way to give
back to local governments additional tools and
flexibility to appropriately regulate dangerous and
vicious dogs within their communities in order to
protect their residents. We believe it is a necessary
step to returning to local governments some mea-
sure of authority to regulate vicious animals and to
protect the health and safety of their community and
citizens.
While some have described SB 861 as an
animal control and local control issue, we believe that
in addition, it is an important public safety issue.
Local governments need to have, once again, some
of the tools needed to enact local breed-specific
animal regulations dealing with spaying and neutering
of dogs to reflect local conditions in order to protect
their citizens. Cities are encouraged to write the
governor and request that he sign SB 861. Staff:
Yvonne Hunter: Status: On Governor’s Desk.
Position: Request Signature.
ENVIRONMENTAL
SB 655 was amended on Friday, September 2 in
the Assembly to respond to a number issues raised
by the League and others. As a result, the League is
neutral on the bill. SB 655 addresses an important
emerging health issue related to naturally occurring
asbestos (NOA). The amended bill will be in print
early next week.
The amendments requested by the League
ensure that local governments will continue to have
the flexibility to adopt mitigation requirements for
construction projects that meet their local needs,
while at the same time ensuring that property owners
receive notice about development in NOA zones.
The League thanks Sen. Ortiz and her staff for
working with the League to address our concerns.
Staff: Yvonne Hunter. Status: Pending on Assembly
Floor. Position: Neutral.