August 25, 2006
Issue #34-2006
WANT MORE DETAILS
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website at
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billsearch.
ARB Proposes New Rules for Diesel Powered Off-Road Vehicles
Prop. 42 Fix Initiative Qualifies for June 2008 Ballot - Commitment to Prop. 1A as a Fix to
Gas Tax Loophole Remains
Highlights of the League’s July Board Meeting
2006 California Civic Leadership Institute Wrapping Up
Senate Cell Phone Bill Moves through the Legislature
Comments Requested on Waste Board’s Five-Year Tire Plan
Understanding the New Booking Fee Process: Fact Sheet Available
Governor’s High Risk Sex Offender Task Force Releases Recommendations
Find a Bill, Legislators, Leg Committee - Or Ask Leg Staff
Legislative Bill Summaries
‘No on Prop. 90’ Coalition Tops 100 Members - And Continues to Grow!
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With less than a week to go before the first anniversary of the devastation
wrought by Hurricane Katrina and the failure of levees in New Orleans, it
appears that the California Legislature will commemorate the event by – doing
nothing. Or, at least that is what the Senate leadership has decided. Whether
this is the final decision remains to be seen, as conflicting rumors buzz
throughout the Capitol. For more, see Page 8.
FLOOD BILLS HELD HOSTAGE: IS THIS THE FLOOD BILLS HELD HOSTAGE: IS THIS THE FLOOD BILLS HELD HOSTAGE: IS THIS THE FLOOD BILLS HELD HOSTAGE: IS THIS THE FLOOD BILLS HELD HOSTAGE: IS THIS THE
END OF THE LEVEE ROAD OR NOT? END OF THE LEVEE ROAD OR NOT? END OF THE LEVEE ROAD OR NOT? END OF THE LEVEE ROAD OR NOT? END OF THE LEVEE ROAD OR NOT?
The League of California Cities 108th Annual Conference is less than two
weeks away! Most attendees are now aware of the informative general
session keynote speakers and break-out sessions that are being held at the
San Diego Convention Center. (Visit our website at www.cacities.org/ac to
view a detailed program.) But the conference also offers valuable opportuni-
ties to network with your peers. For more, see Page 9.
ANNUAL CONFERENCE SPOTLIGHT: DIVERSITY ANNUAL CONFERENCE SPOTLIGHT: DIVERSITY ANNUAL CONFERENCE SPOTLIGHT: DIVERSITY ANNUAL CONFERENCE SPOTLIGHT: DIVERSITY ANNUAL CONFERENCE SPOTLIGHT: DIVERSITY
CAUCUSES AND OTHER NETWORKING EVENTS CAUCUSES AND OTHER NETWORKING EVENTS CAUCUSES AND OTHER NETWORKING EVENTS CAUCUSES AND OTHER NETWORKING EVENTS CAUCUSES AND OTHER NETWORKING EVENTS
The Legislature has one more week to wrap up its work for the 2005-06
session. It’s a hectic time, with some alarming late session plays. This year,
these include efforts to undo important workers compensation reforms and
the disappointing fizzling out of hard-fought flood protection bills. (See “Flood
Bills Held Hostage: Is This the End of the Levee Road or Not?”)
For more, see Page 8.
END OF SESSION: YOUR ATTENTION NEEDED! END OF SESSION: YOUR ATTENTION NEEDED! END OF SESSION: YOUR ATTENTION NEEDED! END OF SESSION: YOUR ATTENTION NEEDED! END OF SESSION: YOUR ATTENTION NEEDED!
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Page 12 Page 12 Page 12 Page 12 Page 12Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS
August 25, 2006 - Issue #34
In July, the California Air Resources Board
(ARB) released regulatory concepts for existing
and new in-use, diesel powered off-road equip-
ment to reduce diesel particulate matter (PM)
emissions in California. The proposed rules would
require owners of off-road equipment of more than
25 horsepower to meet a particulate standard by
2009 or 2010 depending on fleet size.
Such equipment is used in construction,
mining, and industrial operations. The measure
will not cover equipment used in agricultural
operations or equipment that is already covered by
another measure or agreement.
The proposed rule will group both the public
and private sector into small, medium, or large
fleets based on the total horsepower of all equip-
ment owned. It then requires fleets to meet fleet
average emission targets by certain dates. Com-
pliance dates start in 2009 (large fleets only), 2010
(medium fleets), and 2015 (small fleets), and end
in 2020 for large and medium fleets and 2025 for
small fleets.
Because this rule may impact public agencies,
cities are encouraged to review the proposed rule
and send their comments to ARB. Information
about the proposed rule may be found at the ARB
website, www.arb.ca.gov.
ARB PROPOSES NEW RULES FOR DIESEL ARB PROPOSES NEW RULES FOR DIESEL ARB PROPOSES NEW RULES FOR DIESEL ARB PROPOSES NEW RULES FOR DIESEL ARB PROPOSES NEW RULES FOR DIESEL
POWERED OFF-ROAD VEHICLES POWERED OFF-ROAD VEHICLES POWERED OFF-ROAD VEHICLES POWERED OFF-ROAD VEHICLES POWERED OFF-ROAD VEHICLES
A Proposition 42 “fix” initiative has qualified for the
June 2008 ballot, but the measure will not receive
support by its original sponsors.
The measure, sponsored by Californians to
Improve Traffic Now, was earlier this year seen as a
solution to fix the Prop. 42 gas tax loophole that
allowed the Legislature to divert funds from the sales
tax on gasoline to non-transportation purposes. The
League of California Cities is a member of the
coalition, and supported the push for an initiative.
The passage of Proposition 1A by the Legislature in
May, however, placed an alternative Prop. 42 “fix” on
the November 2006 ballot.
The legislative alternative was supported by the
League as well as Californians to Improve Traffic
Now, which agreed to not submit the rest of the
approximately 300,000 signatures it had gathered to
qualify its initiative. Ironically , the coalition learned
this week that they had already submitted enough
signatures for its measure to qualify.
“If we could withdraw the signatures – then or
now – we would,” said Jim Earp, executive director
of the California Alliance for Jobs and co-chair of
Californians to Improve Traffic Now. “But it’s not
possible. Irrespective, our commitment stands.
Prop. 1A is the solution to close the gas tax loophole
and passing this measure is our top priority.”
This means the June 2008 Prop. 42 gas tax
loophole fix will become an “orphaned” initiative –
regardless of whether or not voters support Prop. 1A
this November.
The League urges cities to work to support Prop.
1A, as well as the other infrastructure funding
measures on the ballot: Propositions 1B through 1E,
and Proposition 84. All are needed to provide funding
to work on critical infrastructure issues affecting
cities. The League is preparing a sample resolution
that cities can adopt expressing support for the entire
infrastructure package.
PROP. 42 FIX INITIATIVE QUALIFIES PROP. 42 FIX INITIATIVE QUALIFIES PROP. 42 FIX INITIATIVE QUALIFIES PROP. 42 FIX INITIATIVE QUALIFIES PROP. 42 FIX INITIATIVE QUALIFIES
FOR JUNE 2008 BALLOT FOR JUNE 2008 BALLOT FOR JUNE 2008 BALLOT FOR JUNE 2008 BALLOT FOR JUNE 2008 BALLOT
COMMITMENT TO PROP. 1A AS A FIX TO
GAS TAX LOOPHOLE REMAINS
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Subscribe Today!PRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org
August 25, 2006 - Issue #34
The League of California Cities’ July board of
directors meeting was a productive one, with the
board taking positions on a number of upcoming
November ballot measures. Held on July 28-29 in
Monterey, the following are the highlights from the
meeting:
November Ballot Measures. The board
reviewed the 13 propositions that have qualified for
the statewide ballot this November. Measures
dealing with redistricting and term limits are
pending in the Legislature and may yet qualify.
The board established or confirmed the following
League positions:
• Prop. 1A – Transportation Fund – Support
• Prop. 1B – Transportation Bond – Support
• Prop. 1C – Housing Bond – Support
• Prop. 1D – Education Bond – Support
• Prop. 1E – Flood Control Bond – Support
• Prop. 83 – Sex Offenders; Sexually Violent
Predators – Referred to Committee
• Prop. 85 – Abortion Waiting and Notification
– No Position
• Prop. 86 – Tax on Cigarettes – Support
• Prop. 87 – Alternative Energy; Tax on
California Oil – No Position
• Prop. 88 – Education Funding; Real Prop-
erty Parcel Tax – No Position
• Prop. 89 – Campaign Finance – Referred
to Committee
• Prop. 90 – Eminent Domain - Oppose
For more information on these measures, visit
www.cacities.org/ballotmeasures.
Note: Long-standing League policy states that
the League should take action only on matters that
are of broad municipal interest, and to select only
issues upon which a large majority of cities are on
one side or the other. The board is trying to focus
the League’s resources toward the issues that are
of greatest importance to cities. The two mea-
sures that were referred to committees will be
considered by the board when it meets in Septem-
ber.
San Diego to Host 2006 Annual Confer-
ence. “All Politics is Local” is the theme for the
2006 League annual conference to be held on
September 6-9, in San Diego. The annual confer-
ence offers unique opportunities for training,
dialogue and networking. Key speakers include
Kevin Carroll, author of Rules of the Red Rubber
Ball: Find and Sustain Your Life’s Work, and John
Avlon, former speechwriter for Mayor Rudolph
Giuliani. California gubernatorial candidates have
been invited to the closing general session on
September 8.
On Thursday evening, September 7, the
conference will hold the inaugural “League of
California Cities Leadership Gala” benefiting
CITIPAC. Entry to this Casino Night Gala will be
free, but everyone will need to purchase a $25
ticket to play. Please encourage city officials to
mark their calendars and plan to attend. Every-
one who attends the conference will want to
support this fun and worthwhile activity.
For more information on the annual confer-
ence, including the preliminary schedule, visit
www.cacities.org/ac.
Mayor Ron Loveridge Endorsed for NLC
Office. It has been many years since the National
League of Cities (NLC) had an officer from Cali-
fornia. The League board reviewed the candidacy
of two California city officials who sought the
League’s endorsement for the office of NLC
Second Vice President and elected to support
Mayor Ron Loveridge of Riverside.
City officials throughout California are encour-
aged to attend the NLC conference that will be
held in Reno, Nev., this December to support this
infrequent opportunity for California to become
more involved in NLC leadership. Mayor
Loveridge, who was president of the League of
California Cities in 2004, will be an outstanding
NLC leader and representative of California.
HIGHLIGHTS OF THE LEAGUE’S JULY BOARD MEETING HIGHLIGHTS OF THE LEAGUE’S JULY BOARD MEETING HIGHLIGHTS OF THE LEAGUE’S JULY BOARD MEETING HIGHLIGHTS OF THE LEAGUE’S JULY BOARD MEETING HIGHLIGHTS OF THE LEAGUE’S JULY BOARD MEETINGVisit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS
August 25, 2006 - Issue #34
The League of California Cities is pleased to
announce it has nearly completed the 2006
workplan for the California Civic Leadership
Institute (CCLI) program. More than 20 city
officials have participated in the second year of
CCLI – an example of the educational program’s
continuing growth and success.
Presented by the League Partners Program,
CCLI is designed to educate small groups of city
officials on the pressing issues California faces on
a statewide level and how these issues can be
integrated with the need to maintain local control
and the primacy of local government. Placing
particular emphasis on infrastructure issues,
CCLI’s goal is to help cultivate leadership and
potential future legislators to have a better under-
standing of these issues, and develop lasting
bonds among our state’s rising leaders.
CCLI participants come from a variety of
backgrounds and both sides of the political aisle,
providing a broad depth of experience and a
collegial atmosphere to the program.
“This class of CCLI participants are recog-
nized as both regional leaders as well as potential
state leaders,” said League Public Affairs Director
Mike Madrid. “We are very enthusiastic to have
had them as a part of this year’s program.”
2006 Training Focuses on Infrastructure,
Health Care
Two sessions were conducted on the critical
infrastructure issues of housing, energy and
transportation. The League hopes that these
discussions have prepared CCLI participants to
become regional leaders and stronger advocates
on these topics. The sessions were held at
Southern California Edison’s Big Creek facility and
included an exclusive tour of the hydroelectric
power generators Edison operates in the moun-
tains around Shaver Lake.
A final session centered on the future of health
care in California will take place at the League’s
Annual Conference on September 6 in San Diego.
As part of the 2006 CCLI program, the League
also hosted a special session for city officials who
have won their party’s primary nomination this
year, and who are well on their way to holding
legislative office this December, when newly
elected legislators take office. Speakers for this
session, held in Sacramento on August 10 and 11,
included: former Assembly Speaker Bob
Hertzberg, former Senate Minority Leader Jim
Brulte, political consultants Matt Rexroad and
Garry South, and various other policy experts,
prominent lobbyists and members of the media.
2006 CALIFORNIA CIVIC LEADERSHIP INSTITUTE WRAPPING UP 2006 CALIFORNIA CIVIC LEADERSHIP INSTITUTE WRAPPING UP 2006 CALIFORNIA CIVIC LEADERSHIP INSTITUTE WRAPPING UP 2006 CALIFORNIA CIVIC LEADERSHIP INSTITUTE WRAPPING UP 2006 CALIFORNIA CIVIC LEADERSHIP INSTITUTE WRAPPING UP
Continued on Page 5
CCLI participants gathered at Stevenson Falls,
near Shaver Lake.
Former Assembly Speaker Bob Hertzberg speaks
to a CCLI Session in Sacramento on August 11.PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org
August 25, 2006 - Issue #34
After months of meetings and a number of
policy exchanges, Senate Bill 1627 (Kehoe) was
passed off the Senate floor on August 23. As we
reported last week, because of changes made to
the bill, the League has changed its position from
“Oppose Unless Amended” to “Neutral.”
As originally proposed, the bill presented
serious concerns for cities. But thanks to a team
effort between League staff, City of San Carlos
Assistant City Manager Brian Moura and Jonathan
Kramer, chief executive officer of the Kramer Firm,
the bill is now distinctly different.
SB 1627 now does the following:
• The bill will continue to call for public
hearings on all future collocations projects.
• The wireless carrier must fully disclose all
plans for a collocation site including how
many panels they plan on providing.
• The city can approve, disapprove or
amend all future collocations projects.
Once a collocation project has been
approved, the wireless carrier cannot go
back and make any changes to what has
been agreed to. However, the city cannot
go back and make any changes to what
was originally agreed to. This ensures
that the city and the wireless carrier are
exact on their plans and both are allowed
one opportunity to get it correct.
• Whenever a panel is added to a new site,
the wireless company must notify the
public (per the area designated by the city)
at the wireless company’s expense.
• The build-out period for a collocation
project shall be between the wireless
provider and the local agency (city or
county).
• This is a forward moving bill meaning that
all future collocation projects will be ger-
mane to SB 1627 from January 1, 2007. All
current projects will adhere to the current
rules via the local agency.
In the original version of the bill, it would have
(in most cases) required local government to
issue non-discretionary permits to collocate
additional new wireless facilities on existing
wireless towers within 60 to 180 days of a com-
pleted application and EIR review. Worse yet, the
new collocated facilities could have increased the
existing wireless site size by “any” amount without
the ability for local government to object.
Today, the bill is markedly different. Its most
detrimental original elements have been replaced
with genuine local government planning tools.
The retroactive elements initially proposed are
now eliminated, mandatory approval is no longer
an element of the bill, and the prohibition of condi-
tioning a permit to allow for local government
antennas has been removed.
The bill does retain a prohibition on local
governments specifying that all wireless telecom-
munication facilities be limited to sites owned by
particular parties within the jurisdiction. However,
the measure does not impact any broad land use
controls, such as a prohibition that wireless sites
not be placed in residential zones.
As a result, this bill offers local government
and wireless carriers a mostly-optional planning
tool to streamline future collocation elements.
SENATE CELL PHONE BILL MOVES THROUGH THE LEGISLATURE SENATE CELL PHONE BILL MOVES THROUGH THE LEGISLATURE SENATE CELL PHONE BILL MOVES THROUGH THE LEGISLATURE SENATE CELL PHONE BILL MOVES THROUGH THE LEGISLATURE SENATE CELL PHONE BILL MOVES THROUGH THE LEGISLATURE
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CCLI CCLI CCLI CCLI CCLI from page 4 from page 4 from page 4 from page 4 from page 4
“CCLI has become an important and valuable
program for the League and its members,” Madrid
added. “We can learn from knowledgeable
speakers, as well as pool our collective wisdom,
share new ideas among ourselves and build
lasting bonds that will strengthen the future leader-
ship of California.”Visit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS
August 25, 2006 - Issue #34
A new fact sheet on understanding the new
booking fee process is now available on the
League’s website. Created by League Fiscal
Policy Advisor Michael Coleman, the fact sheet
provides an overview of booking fees and the
changes that will go into affect regarding them on
July 1, 2007.
For a copy of the fact sheet, visit
www.cacities.org/ps.
UNDERSTANDING THE NEW BOOKING UNDERSTANDING THE NEW BOOKING UNDERSTANDING THE NEW BOOKING UNDERSTANDING THE NEW BOOKING UNDERSTANDING THE NEW BOOKING
FEE PROCESS: FACT SHEET AVAILABLE FEE PROCESS: FACT SHEET AVAILABLE FEE PROCESS: FACT SHEET AVAILABLE FEE PROCESS: FACT SHEET AVAILABLE FEE PROCESS: FACT SHEET AVAILABLE
The California Integrated Waste Management
Board (CIWMB) is seeking comments on its next
five-year plan revision regarding its regulatory
program for the management of waste and used
tires. Public workshops on the revision will be
held September 28 in Sacramento and October
24 in Diamond Bar.
Taking the comments received at these public
workshops, CIWMB staff will develop project
summaries and proposed budgets that will be
discussed at a workshop in January 2007. Every
two years, CIWMB is required to update and
submit to the Legislature a Five-Year Plan
including project information and proposed budget
allocations as a part of its waste and used tires
program responsibilities.
Written comments are being accepted until
October 19 and can be sent to Sally French at
1001 I Street, P .O. Box 4025, Sacramento, CA
95812, or by e-mail to tiregrants@ciwmb.ca.gov. If
you have any questions regarding the workshops,
please contact Sally French at: (916) 341-6432.
To view the notice and additional information
on the Five-Year Plan, visit their website at
www.ciwmb.ca.gov.
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COMMENTS REQUESTED ON WASTE COMMENTS REQUESTED ON WASTE COMMENTS REQUESTED ON WASTE COMMENTS REQUESTED ON WASTE COMMENTS REQUESTED ON WASTE
BOARD’S FIVE-YEAR TIRE PLAN BOARD’S FIVE-YEAR TIRE PLAN BOARD’S FIVE-YEAR TIRE PLAN BOARD’S FIVE-YEAR TIRE PLAN BOARD’S FIVE-YEAR TIRE PLAN
After holding several intensive meetings and
three public hearings throughout California this
summer, the Governor’s High Risk Sex Offender
Task Force presented its final set of 10 recommen-
dations, which were presented to Governor
Schwarzenegger on Tuesday, August 15.
Those recommendations are as follows:
1. California should have a consistent
definition of a High Risk Sex Offender (HRSO).
The Task Force recommended: “An HRSO is a
convicted sex offender who has been deemed by
the CDCR (California Department of Corrections
and Rehabilitation) to pose a higher risk to commit
a new sex offense in the community.” A parolee
under Penal Code 290 will be considered a HRSO
“for purposes of adult parole based on the score
from a validated risk assessment tool(s), and/or
the known criminal history and/or other relevant
criteria established by the CDCR.”
2. All Penal Code 290 sex offender regis-
trants must be assessed for a risk to re-offend and
be determined if the individual is an HRSO. The
assessment should take place no later than 120
days (or sooner if possible) prior to release on
parole with assessments on a continual basis
thereafter.
3. All inmates required to register as sex
offenders and deemed HRSOs should be required
to receive “appropriate specialized sex offender
treatment as warranted while incarcerated.”
4. The CDCR should be required to notify
victims of 90 days prior to the release of a HRSO.
From that point, victims should have at least 21
days to challenge the HRSO residential placement.
At 60 days prior to the HRSO’s release, local law
enforcement should be notified by mail and another
method, such as e-mail, fax, or telephone. The
Task Force recommends that local law enforce-
GOVERNOR’S HIGH RISK SEX GOVERNOR’S HIGH RISK SEX GOVERNOR’S HIGH RISK SEX GOVERNOR’S HIGH RISK SEX GOVERNOR’S HIGH RISK SEX
OFFENDER TASK FORCE RELEASES OFFENDER TASK FORCE RELEASES OFFENDER TASK FORCE RELEASES OFFENDER TASK FORCE RELEASES OFFENDER TASK FORCE RELEASES
RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS
Continued on Page 7PRIORITY FOCUS - PAGE 7 Visit the League’s Official Website--www.cacities.org
August 25, 2006 - Issue #34
ment should relay the notice to the community of
the HRSO residential placement in an ample
manner.
5. HRSOs should be supervised on parole
according to the “Containment Model,” which
focuses on “‘containing’ offenders in a tight super-
vision and treatment network with active monitor-
ing and enforcement of rules.” Besides parole
supervision, treatment therapies in conjunction
with polygraph tests are to be used under this
method. More importantly, all HRSOs should be
placed on GPS monitoring.
6. In collaboration with local law enforce-
ment, CDCR should create a community educa-
tion outreach program to publicize HRSO issues.
7. A legislative change should occur with
regard to the Megan’s Law Website in order to
identify HRSOs that are on parole and those
monitored by GPS.
8. The CDCR should report back to the
Governor within 90 days regarding the fiscal and
programmatic impact of the Task Force’s recom-
mendations.
9. The CDCR should establish a permanent
Sex Offender Management Board to review
CDCR’s practices regarding the goals of the Task
Force.
10. The CDCR should continue its work with
local law enforcement and communities to find
“appropriate and equitable housing solutions” for
paroled HRSOs. The Task Force recommends a
continuance to properly address these issues.
Visit the CDCR web site at www.cdcr.ca.gov
for the High Risk Sex Offender Task Force’s full
report.
The Governor also issued Executive Order S-
15-06 on August 15. The Governor called for the
creation of the High Risk Sex Offender and Sexu-
ally Violent Predator (HRSOSVP) Task Force to
address the implementation of the recommenda-
tions from the HRSOTF. In addition, the new Task
Force will review the “current statutory require-
ments and state and local policies on placement,
notification and monitoring of sex offenders.”
Further, in addition to representatives from
stakeholder groups that participated in the former
Task Force, the Secretary of Health and Human
Services and a representative from the California
Department of Mental Health will also join the new
Task Force. The HRSOSVP Task Force must
issue its recommendations no later than Decem-
ber 1.
The League will continue to keep you updated
on the new Task Force’s developments.
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TASK FORCE TASK FORCE TASK FORCE TASK FORCE TASK FORCE from page 6 from page 6 from page 6 from page 6 from page 6
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 8 - PRIORITY FOCUS
August 25, 2006 - Issue #34
??????? ? 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.
END OF SESSION END OF SESSION END OF SESSION END OF SESSION END OF SESSION from page 1 from page 1 from page 1 from page 1 from page 1
It’s a time for city officials to pay close atten-
tion to what their legislators are doing, and to be
prepared to weigh in with phone calls and faxes to
prevent votes that could seriously harm cities’
efforts to protect their communities. Visit
www.cacities.org/billsearch for the latest updates
on bills, and copies of League letters of oppose or
support written on key measures.
New Bill Search feature: a “progress bar,”
on each bill page. This bar provides a quick visual
update on where the bill is in the legislative pro-
cess. Check it out!
AB 2987: One More Push!
One bill that deserves one last effort is AB
2987 (Núñez/Levine), the telecommunications
reform bill that shifts cable video and Internet
franchising authority to the state. The bill received
102 amendments this week; disappointingly, these
amendments do little or nothing to address the
many concerns the League and others have
raised with the bill.
The League urges city officials to make
one more push on this measure. We ask that
you call your legislators – both senators and
assembly members – and urge a NO vote on the
bill. Ask them: do you really know what you are
voting on? One hundred two amendments – and
insufficient time to analyze what they mean! Have
you consulted with your community? Do you
understand how your constituents will be affected
by this poorly drafted, telephone-company spon-
sored measure? Check the League’s website for
a copy of our Floor Alert letter (look up AB 2987
under the “Bill Search” function), and visit the
Advocacy Center for talking points!
FLOOD FLOOD FLOOD FLOOD FLOOD from page 1 from page 1 from page 1 from page 1 from page 1
Many of the flood bills introduced this year are
Assembly bills that now reside in the Senate –
where they can be held hostage. These are:
• AB 802 (Wolk), dealing with general plans
(and supported by the League)
• AB 1665 (Laird), dealing with flood risk
notification and a variety of technical flood
issues (with the League neutral)
• AB 2500 (Laird), dealing with response
plans for flood emergencies (and sup-
ported in concept by the League)
• AB 1899 (Wolk), the so-called “show me
the flood protection” proposal (for which
the League does not yet have a position)
• AB 1528 (Jones), dealing with liability (and
opposed by the League);
• AB 3022 (Umberg), dealing with flood risk
notification and insurance
The one major Senate bill, SB 1796 (Florez),
is pending in the Assembly, where it is likely to be
held hostage too. The League is neutral on this
bill, which deals with reorganizing the State Recla-
mation Board.
Over the last few weeks, the word from the
Capitol was that efforts were underway to com-
bine all of the flood bills into one mega or omnibus
flood bill. It was unclear whether or not SB 1796
would be part of the package. Numerous groups,
including the League, expressed concern about
such an approach, since bills with no opposition
and considerable support, such as AB 802, AB
1665 and AB 2500, could be lost as the opposition
piles on to the mega-flood measure because of
inclusion of the controversial pieces. The contro-
versial bills include AB 1899, SB 1796 and AB
1528.
While negotiations have continued throughout
the last few weeks on AB 1899, early this week,
the Administration unveiled its proposal for AB
1899, as well as SB 1796. The language offered
for AB 1899 includes several concepts that were
suggested previously by the Administration, but
never were actually provided in language form.
Continued on Page 9
? ??????????????PRIORITY FOCUS - PAGE 9 Visit the League’s Official Website--www.cacities.org
August 25, 2006 - Issue #34
The League has indicated that while some of the
proposed concepts appear promising, some are
completely unacceptable.
According to a recent article in the Sacra-
mento Bee, “[Senate President Pro Tem Don]
Perata, angered by last-minute amendments
proposed by Gov. Arnold Schwarzenegger for two
of the bills, said he has shelved the entire package
and will not resume negotiations. ‘When compli-
cated policy is rushed through in the last minute,
we inevitably screw up,’ said Perata, D-Oakland.”
Sen. Perata was quoted as saying, “I’m telling
you, it’s not a chess move — it’s done.”
Chess move or not, it is disappointing that the
whole package could be shelved primarily be-
cause of two controversial bills, AB 1899 and SB
1796. There remain those in the Capitol who
observe that enough time still remains to “cobble
together” an acceptable package or that the non-
controversial hostages will be released and
allowed to move to the Governor’s desk.
As they say, “it ain’t over ‘til it’s over” and the
end of session song has been sung. Remember,
the firm deadline is midnight Thursday August 31.
Stay tuned.
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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
? ??????????????
Diversity Caucuses Welcome You
The League’s newest diversity caucus — the
Gay, Lesbian, Bisexual, Transgender Local Offi-
cials (GLBTLO) Caucus — has a breakfast event
on Thursday, September 7, at 7 a.m. in Room 25
A. In addition, the African American Caucus is
hosting a luncheon beginning at 11:30 a.m. at the
Seaview Room in the San Diego Marriott Hotel &
Marina. The Legislative Black Caucus Chair,
Assemblymember Mervyn Dymally, is scheduled
to deliver an address, as is Janice Riddick, Es-
quire. For more information about the luncheon,
Caucus President Timothy Parker can be reached
at (209) 862-3725.
The diversity caucus networking events
continue on Friday, September 8, at 6 p.m., with
the Latino Caucus’ 16th Annual Gala Award Re-
ception, at the Bayside Pavilion in the San Diego
Marriott Hotel & Marina. Conference attendees
are invited to join the Latino Caucus as it honors
latino leaders from throughout California and the
advancement of Past Caucus President Maria
Alegria to the presidency of the League. The
event will include live music and hors d’oeuvres.
The Asian-Pacific Islander Caucus is once
again hosting its popular karaoke reception, at
8:30 p.m. on Friday, in the San Diego Marriott
Hotel & Marina’s Marina Ballroom. Join your
colleagues for this fun and popular event.
Consistent with the League’s bylaws, mem-
bership in all the diversity caucuses and participa-
tion in their events is open to all League members.
Restaurants Open Their Doors for Host
City Reception
This year’s Host City Reception is being
held on Fourth Avenue in San Diego’s historic
Gaslamp Quarter. Starting at 5 p.m. on Thurs-
day, September 7, join your colleagues in visiting
a number of restaurants, as Fourth Avenue will be
open exclusively to conference attendees! Host
venues and sponsors for this event include Aub-
??????? ? ? ANNUAL CONF. ANNUAL CONF. ANNUAL CONF. ANNUAL CONF. ANNUAL CONF. from page 1 from page 1 from page 1 from page 1 from page 1
Continued on Page 10Visit the League’s Official Website--www.cacities.org PAGE 10 - PRIORITY FOCUS
August 25, 2006 - Issue #34
ergine, sponsored by SDG&E, a SEMPRA Energy
Utility; Chive, sponsored by Cox Communications;
Dublin Square, sponsored by Centre City Devel-
opment Corporation (CCDC); La Cantina, spon-
sored by the City of San Diego; Sushi Bar Nippon,
sponsored by Rural Metro; and Café Sevilla,
sponsored by EDCO Burrtec.
Casino Night Gala
On Thursday evening, September 7, from
7p.m. - 11 p.m. the conference will hold the
inaugural “League of California Cities Leadership
Gala” benefiting CITIPAC. Entry to this Casino
Night Gala will be free, but everyone will need to
purchase a $25 ticket to play. Everyone who
attends the conference will want to support this
fun and worthwhile activity, which will help support
the League’s ballot measure advocacy activities.
‘Death by Chocolate’
Back by popular demand is the “Death by
Chocolate” reception – a great way to wind up
two intense days of conference sessions. The
reception will be held Friday evening, Septem-
ber 8, from 7 p.m. -8:30 p.m., in the Seaview
Ballroom at the San Diego Marriott Hotel & Marina.
The League thanks the following League Partners
for once again sponsoring this unusual and fun
event: Waste Management, Inc. (primary spon-
sor); Kinsell, Newcomb & DeDios (supporter);
Starbucks (supporter); University of California, Los
Angeles/University of California, Davis; and the
Willdan Group of Companies.
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???? ?????
Continued on Page 11
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
ADMINISTRATIVE SERVICES
SB 1818 (Alarcon). Attorneys Fees. Big-Box
Lawsuits. SB 1818 would permit cities that prevail in
a lawsuit brought by a big box retailer to recover
attorneys fees, under limited circumstances. In many
situations, the large retailer, with very deep pockets
and able to pursue lengthy and costly litigation, uses
the threat of a lawsuit to pressure or intimidate a local
government to abandon a proposed ordinance or
modify it to reflect the wishes of the retailer. While
this is bad enough for any situation, it is especially
difficult for small or cash-strapped cities who cannot
afford to defend a frivolous lawsuit.
SB 1818 passed off the Assembly Floor after a
difficult debate, and is now pending in the Senate for
concurrence in Assembly amendments. Cities
should contact their senators and urge an Aye vote
on SB 1818. Staff: Yvonne Hunter; Status: SenFlr;
Position: Support.
SB 1179 (Morrow). Skateparks. Liability.
Signed by Governor.
SB 1179 was signed by the Governor and now
becomes Chapter 140, Statutes of 2006. This
Restore and protect local control for cities
through education and advocacy to enhance
the quality of life for all Californians.
Our MissionPRIORITY FOCUS - PAGE 11 Visit the League’s Official Website--www.cacities.org
August 25, 2006 - Issue #34
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
Stay Up-to-Date on Bills That
May Impact Your City
www.cacities.org/billsearch
Become a regular user of the League’s
online Legislative Tracking System. The
League’s website is your gateway to all the
information you need: bills sorted by subject
areas, showing the bill history, current
status, committee analyses, votes, and
much more. You can even view League
letters of support or opposition, and access
the League lobbyist working on the bill.
modest measure would change the age threshold
from 14 years old to 12 years old that provides limited
immunity to public agencies for injuries to skate-
boarders performing a trick, stunt or luge in a
skatepark. It would also extend the sunset date for
this limited liability by four years – from 2008 to 2012.
The League thanks Sen. Morrow for his persistence
in moving ahead with this issue. Staff: Yvonne
Hunter Status: Signed by Governor Position:
Support.
PUBLIC WORKS
AB 573 (Wolk). Indemnification. Design
Professionals. AB 573 would restrict the types of
indemnification clauses that may be included in a
public agency contract with a design or engineering
professional or firm. Instead, it would specify an
indemnification provision that does not allow a public
agency to adequately manage its potential liability,
thus limiting the options available to public agencies
to protect their taxpayers.
Although some cities oppose AB 573 because it
would limit their options regarding indemnification for
design professionals, there are also some cities that
have indicated that they can live with the bill without
negative impacts. However, the League remains
opposed to AB 573 because it limits the options
available to local governments to negotiate contracts
on a case by case basis.
AB 573 has passed the Legislature and is now
on the Governor’s desk, awaiting his action. Staff:
Yvonne Hunter; Status: Gov’s Dsk; Position:
Oppose.
ENVIRONMENTAL
AB 2951 (Goldberg). Capital Facilities Fees.
AB 2951 would clarify existing law that cities or
special districts with municipal utilities (i.e., water,
sewer, gas or electric) may charge other public
agencies capital facilities fees. This hotly contested
measure is facing stiff opposition from the education
community. All cities with municipal utilities should
call their senator and assembly member and urge
an Aye vote on AB 2951. Staff: Yvonne Hunter;
Status: SenFlr; Position: Support.
SB 1733 (Aanestad). Water Quality. Due
Process. Small Cities. SB 1733 passed the
Assembly this week on an overwhelming bipartisan
vote. It would provide more flexibility for regional
water quality control boards to permit small cities
with financial hardship to direct all or a portion of
mandatory minimum penalties for water quality
violations towards a compliance project.
Additionally, it would clarify existing law that
public agencies have the same due process rights
as others in proceedings before the state or regional
boards. The bill now returns to the Senate for
concurrence in Assembly amendments. With the
addition of the provision dealing with due process for
public agencies, SB 1733 now benefits all cities.
Please be sure your senator has been contacted
and asked to vote AYE on SB 1733. Staff: Yvonne
Hunter; Status: SenFlr; Position: Support.Visit the League’s Official Website--www.cacities.org PAGE 12 - PRIORITY FOCUS
August 18, 2006 - Issue #33
The “No on Prop. 90” coalition announced
today that more than 100 diverse organizations
representing homeowners, taxpayers, public
safety, business, labor, seniors, environmentalists,
educators, local governments and property rights
advocates have joined in opposing Prop. 90.
The list of organizations opposed to Prop. 90
is growing daily, and includes diverse groups that
normally disagree on many policy matters. They
do, however, all agree on one thing: Proposition 90
is bad for taxpayers, and bad for our state.
Among the recent endorsements to the No on
90 campaign this past week are:
• California Black Chamber of Commerce
• Ventura County Taxpayers Association
• California State Sheriffs’ Association
• California Manufacturers & Technology
Association
• California Association of REALTORS
• Los Angeles Business Council
• Gray Panthers California
• State Building & Construction Trades
Council of California
• California Teamsters Public Affairs Council
• National Trust for Historic Preservation
• California Coastal Commission
These groups join the League of California
Homeowners, the California Fire Chiefs, California
Police Chiefs, League of Women Voters of Califor-
nia, California Small Business Association, The
Nature Conservancy, The California League of
Conservation Voters of California and more than
100 homeowner, taxpayer, small business, public
safety, environmental, agriculture, labor, senior,
local government and other groups that have
come to the conclusion that Prop. 90 is flawed
policy that must be defeated.
For a complete coalition list, visit
www.NoProp90.com.
CITY OFFICIALS: Find out how you can help
defeat this badly flawed measure. Visit the
League’s website (www.cacities.org/Prop90) to
find out how you can help. Be sure to also read
“Working on a Ballot Measure Campaign: The
Do’s and Don’ts” on the same webpage.
Note: This story was produced using non-
public funds of the League of California Cities.
Public officials are urged to avoid using public
funds and equipment in supporting or opposing
any ballot measure, including Prop. 90. We urge
you to send your private e-mail address to your
League Regional Representative for regular
updates on the “No on Prop. 90” campaign and
information on how you can help with your per-
sonal time and resources.
‘NO ON PROP. 90’ COALITION TOPS 100 MEMBERS - AND CONTINUES TO GROW! ‘NO ON PROP. 90’ COALITION TOPS 100 MEMBERS - AND CONTINUES TO GROW! ‘NO ON PROP. 90’ COALITION TOPS 100 MEMBERS - AND CONTINUES TO GROW! ‘NO ON PROP. 90’ COALITION TOPS 100 MEMBERS - AND CONTINUES TO GROW! ‘NO ON PROP. 90’ COALITION TOPS 100 MEMBERS - AND CONTINUES TO GROW!
Western City magazine’s job opportunity
section is the source for job seekers
looking for positions in local government.
According to our reader survey, the job
opportunity section is the best read
section of our magazine!
When you place an ad in Western City
magazine, it will be posted at no addi-
tional charge on our website, which
receives over 80,000 hits per month.
Call to place your
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(800) 262-1801 or visit our website at
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Looking for California’s Best
to Fill a Position
in Y our City?
September 1, 2006
Issue #35-2006
WANT MORE DETAILS
ON BILLS?
Visit the League of
California Cities
website at
www.cacities.org/
billsearch.
League Updates UUT List Serve
Sex Offender Management Discussion Planned at the League’s Annual Conference
The Infrastructure Bonds: Building for California’s Future
League of California Cities Annual Conference Kicks Off Next Week!
Enterprise Zone Legislation Revived – Cities Encouraged to Review AB 1550
What Cities Can Do To Help Rebuild California’s Infrastructure
Corrections Department Solicits Responses on Re-Entry Facilities in California
Infrastructure Bonds Will Be Highlighted at the League’s Annual Conference
Find a Bill, Legislators, Leg Committee - Or Ask Leg Staff
NO on Prop. 90: New Organization and Individual Endorsements
Endorsements Week of 8/28-9/1/06
AB 2987: How Did Your Legislators Vote?
AB 2987: PEG/I-Net Amendments
??????????????????????? ???????????????
??????????????????????? ???????????????
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PROP. 90 UPDATE: EXPOSING THE DECEPTION PROP. 90 UPDATE: EXPOSING THE DECEPTION PROP. 90 UPDATE: EXPOSING THE DECEPTION PROP. 90 UPDATE: EXPOSING THE DECEPTION PROP. 90 UPDATE: EXPOSING THE DECEPTION
LEGISLATIVE SESSION WRAPS UP: UPDATES ON KEY BILLS LEGISLATIVE SESSION WRAPS UP: UPDATES ON KEY BILLS LEGISLATIVE SESSION WRAPS UP: UPDATES ON KEY BILLS LEGISLATIVE SESSION WRAPS UP: UPDATES ON KEY BILLS LEGISLATIVE SESSION WRAPS UP: UPDATES ON KEY BILLS
The League is strongly opposed to Proposition 90 – an initiative on the
November ballot that purports to be all about eminent domain reform. While
the League supports reasonable reform of eminent domain, we are deeply
concerned about the far-reaching impacts of this measure – impacts that
would undermine cities’ ability to plan for and protect their communities.
For more, see Page 8.
The 2005-06 session of the California Legislature recessed late in the
evening on Thursday, August 31. True to form, the last few days of the ses-
sion included a flurry of activity, as some bills died and were reborn, some
deals came together and others crashed. A number of bills the League was
keeping a close eye on went through some last-minute changes – some
passing and going to the Governor’s desk, and others falling dead in the
water. Below is an update on those developments. For more, see Page 10.
Page 8 Page 8 Page 8 Page 8 Page 8
Page 9 Page 9 Page 9 Page 9 Page 9
The Senate and Assembly passed the telecommunications reform mea-
sure, AB 2987 (Núñez/Levine), in the final two days of the legislative session,
and sent it to the Governor for his consideration. (See also “AB 2987: How
Did Your Legislators Vote?” p. 13.) For more, see Page 12.
TELECOMMUNICATIONS REFORM MOVES TO GOVERNOR TELECOMMUNICATIONS REFORM MOVES TO GOVERNOR TELECOMMUNICATIONS REFORM MOVES TO GOVERNOR TELECOMMUNICATIONS REFORM MOVES TO GOVERNOR TELECOMMUNICATIONS REFORM MOVES TO GOVERNOR
Page 13 Page 13 Page 13 Page 13 Page 13
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Priority Focus will
not publish next
week, as League
staff will be at the
League’s annual
conference in San
Diego.Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS
September 1, 2006 - Issue #35
The League has updated its Utility Users Tax
(UUT) list serve. The membership list now in-
cludes finance directors, city managers, city
attorneys and city lobbyists from all UUT cities.
This list serve has been set up to help UUT
cities and League staff members communicate
with each other about issues specific to the UUT,
in light of recent developments with the Federal
Excise Tax (FET) and other issues. The list serve
is moderated, which means that all messages
and those people who want to subscribe must go
through an approval process by League staff.
To subscribe or get more information about the
list serve, go to http://lists.cacities.org/ mailman/
listinfo/uut and enter your name and e-mail
address. To send a message or question to the
list serve, send your e-mail to the following ad-
dress: UUT@lists.cacities.org.
LEAGUE UPDATES UUT LIST SERVE LEAGUE UPDATES UUT LIST SERVE LEAGUE UPDATES UUT LIST SERVE LEAGUE UPDATES UUT LIST SERVE LEAGUE UPDATES UUT LIST SERVE
Sex offender management has been a hot
issue lately, especially with Proposition 83 (com-
monly referred to as “Jessica’s Law”) appearing
on the November ballot. To help city officials gain
a better understanding of the complex issues and
community concerns surrounding sex offenders
living within their jurisdictions, the League is
hosting a special session on sex offender man-
agement during its 2006 Annual Conference in
San Diego.
That session, “The Gray Zone: Where Public
Safety and Civil Rights Collide – Sex Offenders in
Your City,” is scheduled for Friday, September 8,
from 11 a.m. to 1 p.m. in room 26 B at the San
Diego Convention Center.
If passed, Prop. 83 would make many
changes to current law relative to sex offenders
and sexually violent predators (SVPs), including
enhanced penalties, longer prison sentences,
increased monitoring through GPS, and residency
restrictions on all sex offenders from residing
within 2,000 feet of any school or park.
Assemblymember Todd Spitzer, the California
Department of Corrections and Rehabilitation, a
city attorney and a police chief will speak about
efforts at the state level to partner with local
jurisdictions in the management of sex offenders
and how local ordinances impact the re-entry of
sex offenders into communities. In addition, anti-
discrimination laws and other legal issues regard-
ing sex offender management will also be dis-
cussed.
SEX OFFENDER MANAGEMENT SEX OFFENDER MANAGEMENT SEX OFFENDER MANAGEMENT SEX OFFENDER MANAGEMENT SEX OFFENDER MANAGEMENT
DISCUSSION PLANNED AT THE LEAGUE’S DISCUSSION PLANNED AT THE LEAGUE’S DISCUSSION PLANNED AT THE LEAGUE’S DISCUSSION PLANNED AT THE LEAGUE’S DISCUSSION PLANNED AT THE LEAGUE’S
ANNUAL CONFERENCE ANNUAL CONFERENCE ANNUAL CONFERENCE ANNUAL CONFERENCE ANNUAL CONFERENCE
Restore and protect local control for cities
through education and advocacy to enhance
the quality of life for all Californians.
Our Mission
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!PRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org
September 1, 2006 - Issue #35
Achieving increased state funding for infra-
structure has been a key goal of the League of
California Cities in 2006. Getting these measures
to the ballot is only part of the battle. The League
urges cities to support this package of measures,
which contains important funding opportunities
that will help cities respond to the needs of our
rapidly growing communities. A draft resolution
supporting the measures is located at
www.cacities.org/ballotmeasures.
City officials can also work to help educate
their citizens about the benefits these measures
will have on their city. See “What Cities Can Do to
Help Rebuild California’s Infrastructure”, p. 6.)
• Proposition 1A – With the passage of
Proposition 42 in 2002, Californians overwhelm-
ingly voted to use their gas taxes for transportation
purposes, such as repairing streets and roads and
easing traffic congestion. However, there is a
loophole in Prop. 42 that allows the legislature to
use gas tax revenue for other purposes. Prop. 1A
is meant to close this loophole, thereby ensuring
voters that the gas tax revenue is only spent on
transportation improvement projects as was
originally intended.
• Proposition 1B – Expends $20 billion on
various transportation projects that will help rebuild
California. Of this amount, cities and counties will
each receive $1 billion for local streets and roads
improvement projects. Improvements in
California’s ailing transportation system are
integral for California’s economic future.
• Proposition 1C – Provides $2.85 billion for
housing projects, including affordable housing and
loan assistance, including $1.35 billion that helps
cities address housing-related infrastructure
issues, consisting of $850 million in grants for
urban infill development projects, $300 million for
development near public transportation, and $200
million for park development. Housing is an
important component in the overall rebuilding of
California by providing numerous new jobs and a
boost to the economy.
• Proposition 1D – Improves California’s
weakening school system by providing $10 billion
for performing school building repairs and provid-
ing innovative learning facilities for students.
Seismic retrofitting and classroom repairs will
improve the safety of many of California’s
schools. Hands-on training for jobs will also
provide experience for students that are the future
of California.
• Proposition 1E – Provides approximately
$4 billion for critical river levee repair and con-
struction, as well as flood control projects. A
portion of these funds will also be used to update
and repair old water mains and sewage systems
which, if left untreated, may result in unsafe
drinking water and pollution. Safe and clean water
is a necessity in life and a necessity for California.
• Proposition 84 (“Safe Drinking Water,
Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006”) –
Provides $5.4 billion for state projects and grants
related to improving natural resources and water
programs. Money from this measure will be used
for flood control, safe drinking water, improving
water quality, integrated water management,
water planning, sustainable communities, and the
protection and preservation of California’s many
natural resources.
For further information on the infrastructure
bonds please visit “The Rebuild California Plan”
website at www.plan4ourfuture.org and the “Yes
on Prop 84” website at www.yeson84.com. For
information on the rebuttal to the support on the
above-referenced infrastructure ballot measures,
please visit the Secretary of State’s website at
www.ss.ca.gov/elections.
THE INFRASTRUCTURE BONDS: BUILDING FOR CALIFORNIA’S FUTURE THE INFRASTRUCTURE BONDS: BUILDING FOR CALIFORNIA’S FUTURE THE INFRASTRUCTURE BONDS: BUILDING FOR CALIFORNIA’S FUTURE THE INFRASTRUCTURE BONDS: BUILDING FOR CALIFORNIA’S FUTURE THE INFRASTRUCTURE BONDS: BUILDING FOR CALIFORNIA’S FUTUREVisit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS
September 1, 2006 - Issue #35
The League of California Cities’ 108th Annual
Conference kicks off on Wednesday, September 6,
in San Diego, concluding with the League’s annual
business meeting on Saturday, September 9. More
than 2,000 attendees are expected at the confer-
ence, which will be held at the San Diego Conven-
tion Center.
“All Politics is Local” is the theme of this year’s
gathering — a special combination of training,
dialogue and networking events. San Diego Mayor
Jerry Sanders, League President and Los Angeles
Council Member Alex Padilla, National League of
Cities President James Hunt and League Executive
Director Chris McKenzie are all scheduled to speak
at the conference’s opening session.
Keynote speakers include author Kevin Carroll,
columnist John Avalon and news correspondent
SuChin Pak.
Carroll, author of Rules of the Red Rubber Ball:
Find and Sustain Your Life’s Work, will deliver the
September 6 keynote address, entitled “Rediscov-
ering Play: Bringing Fun and Passion to Your
Work.” Avalon, former chief speechwriter for New
York City Mayor Rudolph Giuliani, and columnist for
the New York Sun, will speak at Thursday’s general
session under the title of “Independent Nation: The
Past, Present and Future of Centrists in American
Politics.” Closing out the Friday general session is
SuChin Pak, an MTV News correspondent. Her
address is entitled “Teen Politics: Navigating the
Current Landscape and Youth Issues.”
Helen Putnam and Legislator of the Year
Awards
The League will be announcing the winners of
this year’s Helen Putnam Awards at the opening
general session, which is scheduled to start
promptly at 4 p.m. on Wednesday, September 6.
The Legislator of the Year Award will be presented
at Thursday’s general session, which begins at 9:45
a.m.
Conference sessions include the second annual
Institute for Local Government Lunch Symposium,
“How to Talk About Government,” which will be held
on Thursday, September 7 at 11:15 a.m.; and
“Redevelopment: Current Political Roadblocks and
Where We Go From Here,” also on September 7 at
2:30 p.m. In addition, on Friday, September 8, a
state infrastructure update will be held at 11 a.m.,
along with sessions concerning flood control and
telecommunications, which are being held simulta-
neously at 1:45 p.m. For a full conference sched-
ule, visit www.cacities.org/ac.
Networking Events
Networking is also an important part of the
annual conference. A variety of events have been
scheduled to connect with peers throughout your
stay in San Diego. In particular, the Host City
Reception, “Taste of the Gaslamp” is set for Thurs-
day evening in San Diego’s historic Gaslamp
Quarter on Fourth Avenue. From 5 p.m. to 6:30
p.m., several Fourth Avenue restaurants have
been reserved for conference attendees.
The ever-popular “Death by Chocolate” recep-
tion will be held at 7 p.m. at the Marriott Marina
Seaview Ballroom, on Friday, September 8. Hosted
by League Partners, the event’s primary sponsor is
Waste Management, Inc., with Kinsell, Newcomb &
DeDios; Starbucks; University of California, Los
Angeles/University of California, Davis; and the
Willdan Group of Companies as supporters.
League diversity caucuses are also holding
receptions. These include:
• Gay, Lesbian, Bisexual, Transgender Local
Officials Cacus Breakfast (Sept. 7, 7 a.m.,
Room 25A)
• African American Caucus Luncheon (Sept.
7, 11:30 a.m., Seaview Room, San DIego
Marriott Hotel & Marina)
• Latino Caucus’ 16th Annual Gala Award
Reception (Sept. 8, 6 p.m., Bayside Pavil-
ion, San Diego Marriott Hotel & Marina
• Asian-Pacific Islander Karaokee Reception
(Sept. 8, 8:30 p.m., Marina Ballroom)
For more information on the conference, visit
www.cacities.org/ac. Advance registration is
closed, but registration will be available on-site!
Registration costs for city officials are $435 for the
full conference or $250 for one day. Please note
that spouse/guest registration is $100. All ques-
tions can be directed to (916) 658-8291.
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE KICKS OFF NEXT WEEK! LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE KICKS OFF NEXT WEEK! LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE KICKS OFF NEXT WEEK! LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE KICKS OFF NEXT WEEK! LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE KICKS OFF NEXT WEEK!PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org
September 1, 2006 - Issue #35
The League is seeking input from cities on AB
1550 (Arambula), which contains various changes
and reforms to the enterprise zone program. This
bill is the latest inception of AB 485 (Arambula),
which died in the Senate Appropriations Committee
last week. The bill is now on the Governor’s desk.
The most recent version of AB 1550 would have
the following affects:
Existing Enterprise Zones
• Requires existing enterprise zones (EZs)
that expire after 2010 to update their memo-
randa of understanding (MOU) with the
state’s Department of Housing and Com-
munity Development (HCD) by April of2008.
The updated MOU would contain bench-
marks, goals, objectives, and funding levels
that are measurable and conducive to
implementations of the economic develop-
ment strategy. No update of the MOU will
result in the zone’s de-designation.
• Allows businesses that have received tax
benefits to continue obtaining tax benefits
through the original life of the zone in the
event that the zone is de-designated for
failure to update the MOU by the deadline.
• Requires zones to report every two years
to HCD on the activities of the area,
progress in meeting goals, benchmarks
and objectives and previous and pending
year funding levels.
• Allows EZs and Targeted Tax Areas (TTAs)
to include noncontiguous areas within their
allowable expansion areas if the area meets
certain criteria and fits with the zone’s
overall economic strategy.
Zones Currently Applying for Renewal
• Allow eligible taxpayers to continue receiv-
ing any EZ benefits in the “gap” period
when an expiring EZ has applied for
redesignation and has received a condi-
tional designation letter from HCD.
• If applying for redesignation and after
receiving a conditional designation letter
from HCD, applicants could include non-
contiguous areas in zones.
• Allows HCD to backdate the effective date
of the redesignated zones in order to cover
the gap period between designations.
Those receiving tax breaks would continue
receiving breaks during the “gap” in desig-
nation.
‘New’ Zones Where HCD Issues Solicitation
After January 1, 2007
• Applicants for new zones would be allowed
to include non-contiguous zones, as long as
the non-contiguous areas meet certain
requirements and meet the overall eco-
nomic strategy of the zone.
• New applicants would be subject to much
more stringent requirements in terms of
determining a strategy for success of the
enterprise zone and then subsequently
meeting the identified benchmarks in future
years.
• New zones will be selected by HCD that
propose the most “appropriate” economic
development strategy and implementation
plan.
AB 1550 also includes several new reporting
requirements for enterprise zones and for HCD.
EZs would be responsible for reporting to HCD
every two years on the activities of the area, and
progress of meeting goals and benchmarks. HCD
would be required as is current law, to audit each
zone at least once every five years, and would also
be required to report to the Legislature every other
year about the progress of the zones.
The League asks cities with enterprise zones to
examine AB 1550 carefully to determine the impact
this legislation may have, if the bill is signed by the
Governor. The most current text of this bill can be
found at www.leginfo.ca.gov. Comments or ques-
tions on the bill may be sent to League Legislative
Representative Dan Carrigg at
dcarrigg@cacities.org and Legislative Analyst
Debbie Michel at dmichel@cacities.org.
ENTERPRISE ZONE LEGISLATION REVIVED – CITIES ENCOURAGED TO REVIEW AB 1550 ENTERPRISE ZONE LEGISLATION REVIVED – CITIES ENCOURAGED TO REVIEW AB 1550 ENTERPRISE ZONE LEGISLATION REVIVED – CITIES ENCOURAGED TO REVIEW AB 1550 ENTERPRISE ZONE LEGISLATION REVIVED – CITIES ENCOURAGED TO REVIEW AB 1550 ENTERPRISE ZONE LEGISLATION REVIVED – CITIES ENCOURAGED TO REVIEW AB 1550Visit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS
September 1, 2006 - Issue #35
The League of California Cities urges cities to
support all six infrastructure measures on the
November 2006 ballot: Propositions 1A, 1B, 1C,
1D, 1E and 84. Cities are urged to examine how
these measures may benefit your city’s efforts to
address infrastructure-related problems, such as
funding for local streets and roads, affordable
housing, urban infill development, schools,
levees, and safe drinking water.
What Your City Can Do to Support the
Infrastructure Bonds:
• City support of the measures: Cities
can pass a city resolution outlining their support
for the six infrastructure ballot measures. A
sample resolution is located at www.cacities.org/
ballotmeasures.
Things You Can Do (on Your Own Time
and with No Public Resources):
Individual city officials can advocate for the
measures – if they do so on their personal time
and using only their personal (non-city) re-
sources. Learn more about how you can help by
visiting the campaign websites at
www.plan4ourfuture.org and www.yeson84.com.
(See also “Working on a Ballot Measure Cam-
paign: The Dos and Don’ts.” This article can be
found online at the League’s website at
www.cacities.org/ballotmeasures.)
• Help with the campaign efforts: You
can contribute to the campaign, volunteer to
speak at local events, distribute materials, raise
money, host a house party or write a letter to the
editor.
• Put a newsletter article in your non-
publicly funded publication: Be sure to place
an article in your fall newsletter. If your non-city
organization runs monthly newsletters, get an
article in your September and October editions.
Send the League of California Cities a copy of
your newsletter with the article included.
• Get the word out: Educate community
leaders and organizations, such as local cham-
bers of commerce, about the economic and
social benefits of the six infrastructure initiatives.
Volunteer to make presentations to chambers and
other organizations in your community.
Note: The League is currently unaware of any
organized opposition to the infrastructure ballot
measures. (However, to view arguments against
the ballot measures, please visit the Secretary of
State’s website at www.ss.ca.gov.)
This article was produced and distributed
using non-public funds of the League of California
Cities. Public officials are urged to avoid using
public funds and equipment in supporting or
opposing any ballot measure, including Proposi-
tions 1A, 1B, 1C, 1D, 1E, and 84.
WHAT CITIES CAN DO TO HELP REBUILD CALIFORNIA’S INFRASTRUCTURE WHAT CITIES CAN DO TO HELP REBUILD CALIFORNIA’S INFRASTRUCTURE WHAT CITIES CAN DO TO HELP REBUILD CALIFORNIA’S INFRASTRUCTURE WHAT CITIES CAN DO TO HELP REBUILD CALIFORNIA’S INFRASTRUCTURE WHAT CITIES CAN DO TO HELP REBUILD CALIFORNIA’S INFRASTRUCTURE
Western City magazine’s job opportunity
section is the source for job seekers
looking for positions in local government.
According to our reader survey, the job
opportunity section is the best read
section of our magazine!
When you place an ad in Western City
magazine, it will be posted at no addi-
tional charge on our website, which
receives over 80,000 hits per month.
Call to place your
recruitment ad today!
We Have What You Need
(800) 262-1801 or visit our website at
www.westerncity.com
Looking for California’s Best
to Fill a Position
in Y our City?PRIORITY FOCUS - PAGE 7 Visit the League’s Official Website--www.cacities.org
September 1, 2006 - Issue #35
Earlier this week, the California Department of
Corrections and Rehabilitation (CDCR) issued a
Request for Information (RFI) to solicit responses
from local agencies on possible locations for
community-based re-entry facilities in California. As
part of Gov. Schwarzenegger’s prison reform
proposals, the re-entry facilities will assist inmates
and parolees in making a successful transition from
prison to their communities.
In 2005, more than 120,000 inmates were
released on parole from California prisons, while
more than 81,000 of them were returned to prison
for violating the conditions of their parole. During the
special legislative session on prison overcrowding,
which was called by Gov. Schwarzenegger, CDCR
requested authorization to build re-entry facilities for
up to 5,000 inmates, allocated across the state.
Re-entry facilities would be built in local communi-
ties and are designed to help selected inmates
make a successful transition from prison back into
the community when they are paroled. While still in
custody, and preparing for release from prison,
inmates would have access to counseling, drug and
alcohol treatment programs, victim awareness
counseling, job and life skills training, education and
other aids during the last months of their sentence.
These facilities would only be located in cities and
counties that have agreed to become partners with
CDCR in the effort. The programs would be devel-
oped in collaboration with local service agencies,
who can continue their relationship with inmates
after they are released. The facilities would be
locked, secure facilities and would be staffed with
correctional officers.
In addition, the facilities would be small, housing
no more than 500 inmates each, to enhance the
effectiveness of treatment programs and to blend
into the communities where they are built. The
facilities would also be used to house parole viola-
tors so that they could remain in their communities
instead of being returned to prisons in remote
locations, which would enable them to continue in
their local rehabilitation programs without disruption
– critical for the ability of parolees to successfully
return to a crime-free life in their communities.
For a copy of the RFI and information on how to
respond, visit www.cdcr.ca.gov. Responses are due
to the department by September 29.
CORRECTIONS DEPARTMENT SOLICITS RESPONSES ON RE-ENTRY FACILITIES CORRECTIONS DEPARTMENT SOLICITS RESPONSES ON RE-ENTRY FACILITIES CORRECTIONS DEPARTMENT SOLICITS RESPONSES ON RE-ENTRY FACILITIES CORRECTIONS DEPARTMENT SOLICITS RESPONSES ON RE-ENTRY FACILITIES CORRECTIONS DEPARTMENT SOLICITS RESPONSES ON RE-ENTRY FACILITIES
A package of measures on the November
statewide ballot that would fund California’s
infrastructure needs will be highlighted at
several events next week at the League’s
Annual Conference in San Diego.
Propositions 1A-1E were placed on the
ballot by the Legislature, with strong support by
the League. The League also supports Propo-
sition 84, a $5.4 billion bond measure providing
funding for water and natural resource projects,
placed on the ballot through the initiative pro-
cess.
A session on “State Infrastructure Update”
will be held on Friday, September 8, from 11
a.m.-12:15 p.m., in the San Diego Convention
Center, Room 29C/D.
The League is also working with The Re-
build California Plan to host a press conference
in support of the measures that will immediately
follow this event. Invited speakers include local
San Diego officials, and Jim Earp, executive
director of the “Let’s Rebuild California Commit-
tee.” The event will highlight the importance of
these measures for transportation, flood con-
trol, schools, parks and other critical infrastruc-
ture needs, and particularly how cities will
benefit from the funding that these measures
will provide.
City officials are invited to attend this event
over their lunch hour. Further details will be
available at the conference.
INFRASTRUCTURE BONDS WILL BE INFRASTRUCTURE BONDS WILL BE INFRASTRUCTURE BONDS WILL BE INFRASTRUCTURE BONDS WILL BE INFRASTRUCTURE BONDS WILL BE
HIGHLIGHTED AT THE LEAGUE’S HIGHLIGHTED AT THE LEAGUE’S HIGHLIGHTED AT THE LEAGUE’S HIGHLIGHTED AT THE LEAGUE’S HIGHLIGHTED AT THE LEAGUE’S
ANNUAL CONFERENCE ANNUAL CONFERENCE ANNUAL CONFERENCE ANNUAL CONFERENCE ANNUAL CONFERENCEVisit the League’s Official Website--www.cacities.org PAGE 8 - PRIORITY FOCUS
September 1, 2006 - Issue #35
Prop. 90 supporters call their measure the
“Protect Our Homes Initiative.” But California’s
leading public safety groups OPPOSE Proposition
90.
The concern is that Prop. 90 includes extreme
and far-reaching provisions that have nothing to do
with eminent domain that will substantially hurt the
ability of local law enforcement, emergency
response, and firefighter personnel to protect our
homes, our communities, and our safety.
Public safety leaders oppose the measure
because:
• Prop. 90 restricts basic laws intended
to protect the well-being and safety of citi-
zens. Prop. 90 creates a new right of compensa-
tion for any government action which results in
“substantial economic loss” to property, except
when to protect “public health and safety.” How-
ever, a host of legitimate government actions do
not relate to health or safety, but rather to “peace,
welfare and morals,” the rest of the police powers
of government. As a result, Prop. 90 could require
massive new payouts for basic local actions
intended to protect the public’s welfare. Actions
such as restrictions on liquor stores or adult
entertainment venues, zoning decisions to restrict
traffic, and restrictions on undesirable businesses
in residential neighborhoods will require new
payouts or could become cost-prohibitive to enact.
• Prop. 90 will create billions in new
taxpayer costs and reduce revenues for local
law enforcement, emergency response and
fire protection. Prop. 90 will require billions in
new payouts each year, dramatically reducing
resources available for local police and fire protec-
tion, emergency response and other critical local
public safety services. Two-thirds of all city gen-
eral fund spending is for public safety services.
Even a slight reduction in local revenues would
mean fewer officers patrolling the streets and
fewer firefighters available to respond to emergen-
cies.
Public Safety Organizations
Opposed to Prop. 90
• California Professional Firefighters
• California Police Chiefs Associa-
tion
• California Fire Chiefs Association
• California State Sheriffs’ Associa-
tion
• California State Firefighters’
Association
(Full coalition list available at www.noprop90.com)
PROP. 90 PROP. 90 PROP. 90 PROP. 90 PROP. 90 from page 1 from page 1 from page 1 from page 1 from page 1 ?????????????????????????????????? ????????????
Note: This story was produced using non-
public funds of the League of California Cities.
Public officials are urged to avoid using public
funds and equipment in supporting or opposing
any ballot measure, including Prop. 90. We urge
you to send your private e-mail address to your
League Regional Representative for regular
updates on the “No on Prop. 90” campaign and
information on how you can help with your per-
sonal time and resources.
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 STAFFPRIORITY FOCUS - PAGE 9 Visit the League’s Official Website--www.cacities.org
September 1, 2006 - Issue #35
Public Safety Groups:
California Professional Firefighters
California State Firefighters’ Association
Homeowner/Housing Groups:
Los Pueblos Homeowner Association
Senior Groups:
California Legislative Council for Older Americans
Ethnic Groups:
San Joaquin Valley Black Chamber of Commerce
Business Groups:
Economic Development Corporation of San Benito County
Working Assets
Real Estate and Consulting Services, Inc.
Community / Faith-based Groups:
Lutheran Office of Public Policy – California
Healthcare Groups:
Physicians for Social Responsibility, Los Angeles
Environmental Groups:
California Council for Environmental and Economic Balance
Environmental Action Committee of West Marin
Government Groups:
· California Park & Recreation Society
Individuals:
Steve Westly, California State Controller
Steve Wilensky, Supervisor, District 2, Calaveras County
Janet Orchard, Mayor, City of Cotati
Christopher Liles, Councilmember, City of Etna
NO ON PROP. 90: NEW ORGANIZATION AND INDIVIDUAL NO ON PROP. 90: NEW ORGANIZATION AND INDIVIDUAL NO ON PROP. 90: NEW ORGANIZATION AND INDIVIDUAL NO ON PROP. 90: NEW ORGANIZATION AND INDIVIDUAL NO ON PROP. 90: NEW ORGANIZATION AND INDIVIDUAL
ENDORSEMENTS WEEK OF 8/28-9/1/06 ENDORSEMENTS WEEK OF 8/28-9/1/06 ENDORSEMENTS WEEK OF 8/28-9/1/06 ENDORSEMENTS WEEK OF 8/28-9/1/06 ENDORSEMENTS WEEK OF 8/28-9/1/06Visit the League’s Official Website--www.cacities.org PAGE 10 - PRIORITY FOCUS
September 1, 2006 - Issue #35
Telecommunications
AB 2987 (Núñez/Levine). This bill will
abolish the system of local franchising for tele-
communications services, exchanging it for a one-
size-fits-all state franchise issued by the California
Public Utiltiies Commission. While the League
and cities achieved some important improve-
ments in the bill, we continue to oppose this
measure, which passed in the last two days of the
session. (See “Telecommunications Reform
Moves to Governor”, P .1.) Staff: P . Anthony
Thomas, Status: Governor’s Desk, Position:
Veto Requested.
Employee Relations
AB 1368 (Karnette). AB 1368 is a bill that
would exempt public safety employee presumptive
injury claims from the Governor’s 2004 workers’
compensation reforms, which included requiring
physicians who prepare reports on claimed
industrial disability to address the issue of causa-
tion. If signed into law, the bill would eliminate the
most valuable and objective tool available to
employers to evaluate presumptive injury claims,
leaving public agencies defenseless to evaluate
claims, even if the claim totally lacks merit. The
bill passed out of the Senate on a 23-14 vote and
is on the Governor’s desk. Staff: P . Anthony
Thomas, Status: Governor’s Desk, Position:
Veto Requested.
Land Use
SB 1322 (Cedillo) – Housing. SB 1322 failed
on the Assembly Floor by a vote of 32 to 38 on its
first vote. Several Democrats—including Lieu,
Chu, Evans, Matthews, Pavley, and Nation—held
off or voted no. But the bill was brought up again
on the reconsideration calendar on the session’s
last day. It took two more votes of the Assembly,
but the author finally got the requisite 41 votes.
The Senate concurred with the Assembly version
soon afterward largely on a party line vote (24-14).
It now heads to the Governor’s Desk where the
League will request a Veto. Staff: Bill HIggins,
Status: Governor’s Desk, Position: Veto Re-
quested.
SB 1322 limits agency discretion on “special
needs facilities” serving seven or more people by
limiting the authority to condition or deny a project
on factors in current law. This limitation will apply
to all special needs facilities regardless of size: a
150 bed facility must be treated the same as an 8
bed facility.
SB 1322 would extend the attorney fee provi-
sions to allow awards to anyone who could oc-
cupy a special need facility, social rehabilitation
facility, adult day program facility, or community
care facility. As a result, this provision unneces-
sarily encourages lawsuits and litigation in the land
use planning process.
The cost of SB 1322 would exceed $10,000
per agency—and be much more in larger cities.
Under the housing element, cities get an initial
opportunity to plan for their share of any housing
type. If their plan fails to meet the need, the city
must then approve housing “by-right” at pre-set
densities. SB 1322 requires cities to designate
where emergency shelters must be approved “by-
right” at the outset. Then, the bill redundantly
requires those agencies that have not identified
adequate sites by-right to again identify adequate
sites to be zoned by-right.
Environmental
AB 573 (Wolk). Indemnification. Design
Professionals. AB 573 would restrict the types of
indemnification clauses that may be included in a
public agency contrct with a design or engineering
firm and would instead specify the types of indem-
nity clauses that may be included. Staff: Yvonne
Hunter, Status: Governor’s Desk, Position: Veto
Requested.
AB 2951 (Goldberg). Capital Facilities
Fees. This bill clarifies existing law regarding the
obligation of schools and other public agencies to
Continued on Page 11
LEG WRAPS UP LEG WRAPS UP LEG WRAPS UP LEG WRAPS UP LEG WRAPS UP from page 1 from page 1 from page 1 from page 1 from page 1 ??????????????????????????? ???????????????PRIORITY FOCUS - PAGE 11 Visit the League’s Official Website--www.cacities.org
September 1, 2006 - Issue #35
pay their fair share of capital facilities fees for
municipal utilities such as water and waste water
service. The bill is on the Governor’s desk await-
ing signature. Staff: Yvonne Hunter, Status:
Enrolled, Position: Support.
SB 1733 (Aanestad). Mandatory Minimum
Penalties. Water Quality. Small Cities. This bill
provides more flexibility to small cities so that they
may request directing penalties for waste water
violations to fixing the problem that caused the
violation. It re-defines the definition of a small
community and “financial hardship” so that more
cities can request to take advantage of this option.
The bill is on the Governor’s desk awaiting
signature.Staff: Yvonne Hunter, Status:
Governor’s Desk, Position: Support.
Administrative Services
SB 1818 (Alarcon). Attorney Fees. Big Box
Lawsuits. SB 1818 would permit cities to recover
attorney fees under certain circumstances when
they are sued by big box retailers. The bill is on the
Governor’s desk awaiting signature. Please write
the Governor with your support for SB 1818.
Staff: Yvonne Hunter, Status: Governor’s Desk,
Position: Support.
Public Safety
AB 1015 (Chu) Sex Offender Management
Board. AB 1015 would create the Sex Offender
Management Board (SOMB). The SOMB will
represent a collaboration of local, state, and non-
governmental entities working to address issues,
concerns and problems related to the community
management of adult sex offenders.
The creation of the SOMB will enhance public
safety throughout California’s communities by
producing a much needed assessment of the
current issues that complicate the management of
adult sex offenders, while including the input of
various stakeholders and the general public.
Staff: Liisa Lawson Stark, Status: Governor’s
Desk, Position: Support.
AB 1873 (Torrico). Child Protection. Safe
Surrender. AB 1873 will allow a local fire
agency, upon approval of the appropriate govern-
ing board, to designate safe-surrender sites for
accepting physical custody of a minor child 30
days old or younger.
City fire departments have an established
history of operating safe-surrender sites in coordi-
nation with the county. Allowing local fire agen-
cies to designate safe-surrender sites will likely
expand the program based on circumstances
and conditions specific to the community. Cities
will continue to work with the counties as outlined
in current law.
Fire agencies provide integral public safety
services, even to the youngest members of our
communities. It is imperative they, too, have the
authority to designate safe surrender locations to
protect the most innocent members of our soci-
ety. Staff: Liisa Lawson Stark, Status:
Governor’s Desk, Position: Support.
SB 1404 (Machado). Vehicles. Parking
Violations. Street Cleaning. The League is
requesting a VETO on SB 1404, which would add
Section 22507.6 to the Vehicle Code to specify
that a person is not in violation of a local ordi-
nance if they park in an area with posted restric-
tions for street cleaning or sweeping, unless
street cleaning occurs during the posted time
period. The League is opposed to this measure
because we believe it is unnecessary, attempts to
interfere with a city’s authority to provide services
to residents, and attempts to strip away authority
to enforce local ordinances for services that a city
has the right to provide. Staff: Liisa Lawson
Stark, Status: Governor’s Desk, Position: Veto
Requested.
Revenue & Taxation Bills
SB 1432 (Lowenthal). This measure would
expand the authorized use of Mello-Roos districts
to include lighting maintenance, street and road
maintenance, plowing and removal of snow and
LEG WRAPS UP LEG WRAPS UP LEG WRAPS UP LEG WRAPS UP LEG WRAPS UP from page 10 from page 10 from page 10 from page 10 from page 10 ????????????????????????????????? ???????
Continued on Page 12Visit the League’s Official Website--www.cacities.org PAGE 12 - PRIORITY FOCUS
September 1, 2006 - Issue #35
Passage of the measure occurred days
following an August 28 San Francisco Chronicle
article which reported that during April, May and
June of this year, telephone companies reported
spending nearly $20 million trying to secure
passage of AB 2987. The bill continued to be
lobbied intensively, right up to its passage by the
Assembly on the final night of the session.
Some Key Improvements Achieved
While the League and California cities support
competition in video and telecommunications
services, we have consistently opposed AB 2987
because of concerns that the measure lacks
sufficient protections for communities. Together
with California cities and consumer and commu-
nity groups, we worked long and hard to educate
legislators about our concerns, and ultimately did
achieve improvements in the bill.
These include protecting local control over
rights-of-way; ensuring that local agencies will
receive franchise fees totaling five percent of a
provider’s gross revenues; requiring build-out to
any low income areas contained in a service
provider’s franchise area; and increased protec-
tion for existing PEG and I-Net services. (See
also “AB 2987: PEG/I-Net Amendments.”)
We remain opposed to the bill, however, and
will ask for a VETO from the Governor. Our
concerns continue to be those identified in our
legislative Floor Alert (distributed last week to all
cities). These are the issues that we will ask
Gov. Schwarzenegger to consider when he
receives the bill. They include ongoing concerns
about providers’ ability to “cherry-pick” customers;
customer service enforcement questions; the
ability of cable companies to unilaterally abrogate
local franchise agreements; the future ability of
communities to establish PEG and I-Net services;
and creation of a new state bureaucracy.
We also have many practical questions about
how implementation will occur, particularly given
that more than 300 amendments were taken in
the final week of session – amendments which
???? ?????????
TELECOM TELECOM TELECOM TELECOM TELECOM from page 1 from page 1 from page 1 from page 1 from page 1
graffiti management and removal. The bill also
expands Mello-Roos districts to include programs
to create incentives or to subsidize construction,
rehabilitation or acquisition of housing for lower
income households. Staff: Dan Carrigg; Status:
Governor’s Desk; Position: Support.
AB 1602 (Laird). As part of the 2004-2005
budget agreement, a Vehicle License Fee (VLF) –
Property Tax swap was enacted. During the
discussions on this proposal, it was recognized
that there were some outstanding issues that
could not be resolved by the completion of the
budget. AB 1602 (Laird) is designed to resolve
some of those issues. AB 1602 addresses the
immediate fiscal inequities that occurred for
communities that were in the process of incorpo-
rating or annexing at the time the law changed.
Staff: Dan Carrigg; Status: Governor’s Desk;
Position: Support.
SB 1374 (Cedillo). This measure will extend
the sunset date of 2008 on existing law that allows
cities to continue in their tax discovery efforts by
allowing the Franchise Tax Board (FTB) to share
taxpayer information. The State and Local Govern-
ment Tax Sharing Program has helped many cities
to identify businesses that are not paying local
taxes – resulting in millions of dollars recouped.
Over 95 cities are currently participating in the
program. SB 1374 will extend the program until
December 31, 2011. Staff: Dan Carrigg; Status:
Governor’s Desk; Position: Support.
SB 1317 (Torlakson). This measure would
allocate new property tax revenue related to newly
constructed generation, substation facilities and
transmission lines by a location-based method.
SB 1317 would not change the allocation of prop-
erty taxes for existing electric generation and
transmission line facilities. The League has
standing policy that supports direct, or situs-based
allocation of sales and property taxes based on the
fact that situs-based allocation targets revenues to
where the impact occurs. Staff: Dan Carrigg;
Status: Governor’s Desk; Position: Support.
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Continued on Page 13PRIORITY FOCUS - PAGE 13 Visit the League’s Official Website--www.cacities.org
September 1, 2006 - Issue #35
we believe were not thoroughly analyzed prior to
their adoption.
Next Steps. The bill now goes to the
Governor’s desk.
We will develop a sample veto letter for cities
to use in communicating with the Governor’s
office. This will be available at www.cacities.org/
advocacycenter, and through the League Regional
Representative for your area.
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TELECOM TELECOM TELECOM TELECOM TELECOM from page 12 from page 12 from page 12 from page 12 from page 12
The bill was amended to protect existing local
franchise agreements for Public, Educational and
Governmental (PEG) channels as well as Institu-
tional Networks (I-Nets) until the existing franchise
expires or would have expired on January 1, 2009,
whichever is the latest. Also, in communities with
less than three PEG channels on January 1, 2007,
the city can request the holder of a franchise to
designate not more than a total of three PEG
channels. Also, an additional PEG channel can be
added if the video programming for the channel
can exceed 56 hours a week.
Left out of this protection are communities that
have not yet developed local PEG programming
and have a large subscriber base that would
support more than 3 PEG channels; or, communi-
ties that have not yet negotiated Institutional
Networks.
The bill permits a local community (city/
county) to establish a fee to support PEG channel
facilities as long as it is consistent with federal
law. The fee is not to exceed one percent of gross
revenues. The fee for PEG support may be
increased to three percent if the entity, on Decem-
ber 31, 2006, is imposing a fee in excess of one
percent for support of PEG activities. What is lost
in this new law is the flexibility of local negotiations
to tailor the fee to local needs.
AB 2987: PEG/I-NET AMENDMENTS AB 2987: PEG/I-NET AMENDMENTS AB 2987: PEG/I-NET AMENDMENTS AB 2987: PEG/I-NET AMENDMENTS AB 2987: PEG/I-NET AMENDMENTS
The Senate vote on AB 2987: AYES (33)
Aanestad, Ackerman, Alarcon, Alquist,
Ashburn, Battin, Cedillo, Cox, Denham,
Ducheny, Dutton, Escutia, Figueroa, Florez,
Harman, Hollingsworth, Kehoe, Kuehl,
Lowenthal, Machado, Maldonado, Margett,
McClintock, Murray, Ortiz, Perata, Poochigian,
Romero, Runner, Scott, Simitian, Soto,
Vincent; NOES (4) Chesbro, Dunn, Migden,
Speier; NOT VOTING (3) Bowen, Morrow,
Torlakson.
The Assembly vote on AB 2987: AYES
(65) Aghazarian, Arambula, Baca, Bass,
Benoit, Blakeslee, Bogh, Calderon, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher,
De La Torre, Devore, Dymally, Emmerson,
Evans, Frommer, Garcia, Goldberg, Harman,
Haynes, Horton J, Horton, S, Houston, Huff,
Jones, Karnette, Keene, Klehs, Koretz, La
Suer, Leno, Levine, Lieber, Lieu, Liu,
Matthews, Maze, McCarthy, Montanez,
Mountjoy, Nakanishi, Nava, Nunez, Pavley,
Plescia, Richman, Ridley-Thomas, Runner,
Saldana, Salinas, Strickland, Torrico, Tran,
Umberg, Vargas, Villines, Walters, Wolk,
Wyland, Yee; NOES (5) Berg, Canciamilla,
Hancock, Leslie, Mullin; NOT VOTING (10)
Bermudez, Negrete-McLeod, Oropeza, Ruskin,
Wolk, Chan, Niello, Parra, Spitzer, Nation.
AB 2987: HOW DID YOUR AB 2987: HOW DID YOUR AB 2987: HOW DID YOUR AB 2987: HOW DID YOUR AB 2987: HOW DID YOUR
LEGISLATORS VOTE? LEGISLATORS VOTE? LEGISLATORS VOTE? LEGISLATORS VOTE? LEGISLATORS VOTE?
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