September 16, 2005
Issue #37-2005
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U.S. SENATE APPROVES TALENT-FEINSTEIN ANTI-METH BILL
LINKING UP: THE ASH INSTITUTE FOR DEMOCRATIC GOVERNANCE
BILL SUMMARIES
Page 2
Page 3
Annual Conference,
October 5-8, 2005 -
San Francisco
At its meeting on July 30, the League of California Cities board of directors
decided not to adopt positions on seven of the eight ballot measures that will
appear on the November 8 special election ballot. For more, see Page 3.
LEAGUE BOARD OPTS FOR NEUTRAL
POSITION ON PROPOSITION 76
The League has learned that the first legislative interim hearing on eminent
domain will be held on October 26 in San Diego. It will be a joint hearing
sponsored by the Senate Local Government Committee and Senate Trans-
portation and Housing Committee. The location and time of the hearing are
still unknown. For more, see Page 4.
EMINENT DOMAIN HEARINGS TO TAKE PLACE IN
OCTOBER AND NOVEMBER
The Public Law Section of the State Bar of
California named Manuela Albuquerque, a
League of California Cities board member and
city attorney of Berkeley, as its 2005 Public
Lawyer of the Year. For more, see Page 4.
STATE BAR NAMES MANUELA
ALBUQUERQUE ‘PUBLIC LAWYER
OF THE YEAR’
STATE MINORITY BAR COALITION
CONFERS ADDITIONAL HONOR
Manuela Albuquerque receives the
2005 Public Lawyer of the Year award
from Chief Justice Ronald George.
Page 5Visit the League’s Official Website--www.cacities.org
PAGE 2/PRIORITY FOCUS
On September 9, the U.S. Senate unani-
mously approved legislation by U.S. Senators Jim
Talent (Mo.) and Dianne Feinstein (Calif.) to limit
access to cold medicines containing pseudoephe-
drine, the primary ingredient used to make meth-
amphetamine (meth).
The Senate approved the Talent-Feinstein bill
by unanimous consent adding it to the Com-
merce, Justice and Science Appropriations bill.
The appropriations bill has passed the House and
is expected to pass the Senate. Once the Com-
merce, Justice and Science Appropriations bill
passes the full Senate, it will then go to a confer-
ence committee between the House and the
Senate.
The Talent-Feinstein legislation would move
cold medicines containing pseudoephedrine
behind the pharmacy counter and limit how much
one person can buy to 7.5 grams a month. It is
modeled after the successful Oklahoma law that
resulted in an immediate 80 percent drop in meth
labs seized. The comprehensive bill also autho-
rizes $43 million in new anti-meth funding for law
enforcement, training and treatment.
The bill:
• Moves cold medicines containing pseu-
doephedrine behind the counter-amends
the Controlled Substances Act to appropri-
ately limit the sale of medicines containing
pseudoephedrine by placing them behind
the counter and sets a limit on how much
of such medicines one person can buy in a
month to 7.5 grams.
• Requires signature and identification for
purchases - the Attorney General will
develop regulations to ensure uniformity.
• Creates alternate procedures for stores
without pharmacies and stores in rural
areas - the Drug Enforcement Administra-
tion (DEA) and states will be able to
develop additional procedures to continue
to allow cold medicine to be sold at retail
U.S. SENATE APPROVES TALENT-FEINSTEIN ANTI-METH BILL
stores without pharmacies and in rural
areas (but which meet appropriate security
criteria), consistent with the intent of the bill
to limit access to pseudoephedrine.
• Establishes a uniform federal standard that
strengthens all existing state laws.
• Creates a national Meth treatment center
to research effective treatments for Meth
abuse.
• Authorizes $43 million for enforcement,
training, and research into treatment. This
includes $25 million for local law enforce-
ment and federal prosecutors to bring
meth manufacturers and dealers to justice,
$13 million for meth treatment and research
and $5 million to help children who have
been affected by meth.
2005 LEAGUE ANNUAL
CONFERENCE: OCTOBER 5-8,
MOSCONE CONVENTION
CENTER, SAN FRANCISCO
DON’T MISS THE LEAGUE’S 2005
ANNUAL CONFERENCE THIS FALL -
THE FIRST TIME IT HAS BEEN IN
SAN FRANCISCO SINCE 1997.
Participate in this important gathering
of several thousand California city officials
as they set policies, expand their knowl-
edge and sharpen their skills to better
serve their cities. Register now at
www.cacities.org/ac.PRIORITY FOCUS/PAGE 3 Visit the League’s Official Website--www.cacities.org
The League of California Cities recently
added a link on the League’s website to the Ash
Institute for Democratic Governance and Innova-
tion www.innovations.harvard.edu, housed at
Harvard University’s Kennedy School of Govern-
ment.
The Kennedy School website serves as a
web portal that strives to be the pre-eminent
source of information on government innovations
for policy makers and practitioners. Included are
invitations to online events focused on policy
areas, relevant news, documents from research
centers at the Kennedy School, descriptions of
award winning programs, a calendar of interna-
tional and national events, and much more.
The link is included on the League’s website
at www.cacities.org under “All About Cities” on
the main navigation bar, and then choosing
“Other Useful Links” under the “Governance”
subhead.
LINKING UP: THE ASH INSTITUTE
FOR DEMOCRATIC GOVERNANCE
AND INNOVATION
The League’s board made this decision after
coming to a conclusion that the measures did not
affect a significant municipal interest. The board
did agree to consider adopting a position on Propo-
sition 76 — the “Live Within Our Means Act” sup-
ported by Gov. Schwarzenegger and a number of
other groups and individuals. The board also asked
the League Revenue and Taxation Policy Commit-
tee to meet in special session this past August to
review and advise the board on the ballot measure.
In accordance with League bylaws, on Septem-
ber 12, 42 of the 47 League board members
convened by conference call to hold a special
meeting to consider the League’s position on
Proposition 76. The written staff report contained
the recommendation of the Revenue and Taxation
Policy Committee to support the ballot measure
and included a lengthy analysis of the potential
impacts on cities of the measure.
Tom Campbell, former state director of finance
and a current member of the campaign team in
support of Proposition 76, made the presentation in
support of Proposition 76. Craig Brown, also a
former director of finance and now a representative
of the Alliance for a Better California (which is
opposing the governor’s ballot measures), argued
the opposing position. After their presentations,
board members spent approximately an hour
asking questions of the speakers.
During the action portion of the meeting, an
initial motion was made to oppose Proposition 76.
A substitute motion was then made to support the
ballot measure. Finally, after thorough debate, a
second substitute motion was made to be neutral
on the measure. This measure was adopted by a
vote of 23-15 (with four abstentions). (Several
board members who had left the call did not partici-
pate in the vote.)
Throughout the debate, board members ex-
pressed differing opinions on all three potential
positions by the board, but ultimately, support for
the neutral position reflected a strong desire by the
majority to not let any issue on which there are
strongly divergent views deeply divide the League.
The League can only act effectively when it is
united on an issue, and remaining true to the
organization’s vision statement “to be recognized
and respected as the leading advocate for the
common interests of California’s cities,” it was
clear that the board was deeply divided on the
Proposition 76 question, laying the groundwork
for the neutral position that was ultimately ap-
proved.
The board of directors will have its next
meeting on October 6, in connection with the
League’s Annual Conference in San Francisco.
For more information on Proposition 76 and
the board of directors’ action, see
www.cacities.org.
PROP 76 from page 1Visit the League’s Official Website--www.cacities.org
PAGE 4/PRIORITY FOCUS
Albuquerque received her award from Chief
Justice Ronald George during the State Bar of
California’s 2005 Annual Meeting on September
9, in San Diego. In addition to her service to the
city of Berkeley and the League, Albuquerque
has become a leader in the realm of public law
ethics. She has worked with a variety of officials
statewide on efforts to define when a public
lawyer could ethically disclose the improper
conduct of his or her clients, and was a major
force in the League’s City Attorney Ad Hoc
Committee on Legal Ethics, which published
“Practicing Ethics: A Handbook for Municipal
Lawyers.”
“I have been amazed and humbled by
Manuela over the years,” said Tom Brown, of
counsel with Hanson Bridgett Marcus Vlahos &
Rudy LLP, and the former city attorney of Napa.
“She represents everything I admire and respect
most in an attorney, namely, keen intellect and
unsurpassed analytical ability coupled with
humanity, generosity, compassion and humor.
She completely deserves this distinction.”
“Manuela’s commitment, energy and intellec-
tual contributions to the City Attorneys
Department’s efforts have been extraordinary,”
added JoAnne Speers, general counsel of the
League.
Currently, Albuquerque is working with the
State Bar Rules Revision Committee to amend
Rule 2-100 — Communication with a Repre-
sented Party — to address concerns public
attorneys face when adverse parties wish to
speak directly with public officials about matters
in litigation.
STATE MINORITY BAR COALITION ALSO
HONORS ALBUQUERQUE
In addition, the State Minority Bar Coali-
tion, made up of all the minority, women and gay
and lesbian bar associations in California, have
chosen Atty. Albuquerque to be their overall
honoree this year at their Unity Reception later
this year.
Each of the minority bar associations choose a
member of their association to honor, and then they
nominate a member from their association to be the
overall honoree. The Asian American Bar Associa-
tion nominated Albuquerque and she was selected
for her outstanding work and commitment to civil
rights issues to be this year’s overall honoree.
The League congratulates Manuela on her
outstanding achievements, and applauds her
continuing work in the areas of public and civil rights
law.
ALBUQUERQUE from page 1
EMINENT DOMAIN from page 1
The second hearing will be the week of Novem-
ber 14 in Sacramento. It will be a joint hearing
sponsored by the Assembly Housing and Commu-
nity Development Committee, Senate Local Gov-
ernment Committee and the Assembly Local
Government Committee. The day and time are still
to be determined. It is uncertain whether a third
hearing will be held.
Although the format of both hearings is still
undecided, the first hearing is likely to be a “listen-
ing” hearing, possibly featuring eminent domain
case studies with invited presenters, while the
second one will consider reform proposals.
To follow this story as it develops, please check
the League website at www.cacities.org.
For more information on this and
other League issues, visit
www.cacities.org.Visit the League’s Official Website--www.cacities.org PRIORITY FOCUS/PAGE 5
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.
REVENUE AND TAXATION
AB 1690 (Laird). Municipal services: Uni-
versity of California: Legislative Analyst. This
measure would require the Legislative Analyst to
conduct a study of the University of California’s
current campus long-range development planning
process and report back to the Legislature with
possible proposals to reform the process.
AB 1690 will allow legislators to gain a better
understanding of how the University of California
growth plans consider the impacts on cities and
counties. This will help as future policies are
considered regarding the ongoing growth on these
campuses and their cooperation with local govern-
ments. Staff: Jean Korinke; Status: Governor’s
Desk; Position: Request for Signature.
TRANSPORTATION, COMMUNICATIONS AND
PUBLIC WORKS
AB 1329 (Wolk). Design-Build Contactions:
Cities. Authorizes cities residing in the Yolo and
Solano Counties to enter into design-build con-
tracts until January 1, 2011, subject to the condi-
tions and requirements currently applicable to
design-build contracts in Alameda, Contra Costa,
Sacramento, Santa Clara, Solano, Sonoma, and
Tulare Counties.
AB 1329 would limit city design-build contract-
ing to projects for the erection of structures, but
excludes the construction of roads, bridges, and
other transit and non-transit infrastructure. Staff:
Liisa Lawson Stark/Dan Carrigg; Status:
Governor’s Desk; Position: Request for Signa-
ture.
AB 1507 (Pavley) Cardiac Health. Automatic
External Defibrillators. Health Studios. Re-
quires that health club facilities purchase and
install Automatic External Defibrillators (AEDs), as
well as train personnel in their use, and provides
immunity from civil damages to any employee,
member of a board of directors of a health club, or
the health club itself, provided the health club uses
an AED consistent with the terms of the bill.
Health clubs that choose to continue the
installation of AEDs past the January 1, 2012,
sunset date must continue to train personnel and
maintain the devices in addition to receiving
continued immunity from civil damages. Staff:
Liisa Lawson Stark/Dan Carrigg; Status:
Governor’s Desk; Position: Request for Signa-
ture.
AB 1051 (Benoit) Pocket Bikes. Restric-
tions. Requires a manufacturer of a two-wheeled
motorized vehicle (“pocket bike”) to affix a sticker
indicating that the operation of a pocket bike on a
sidewalk, roadway, highway, bikeway, bicycle path
or trail, equestrian trail, hiking or recreation trail, or
on public lands available to off-highway motor
vehicle use, is prohibited.
This bill also authorizes a peace officer to
remove and seize a pocket bike that is found to be
operating in violation of this bill for a minimum of
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PAGE 6/PRIORITY FOCUS
Legislative Bill Action
48 hours. Staff: Liisa Lawson Stark/Dan Carrigg;
Status: Governor’s Desk; Position: Request for
Signature.
AB 453 (Benoit) Grade Separation Projects.
Increases the period, from one year to two years,
within which a local agency must promise to begin
a grade separation project (to separate a roadway
from a railroad crossing) and complete related pre-
construction activities before it can receive a grade
separation project allocation from the California
Transportation Commission (CTC). Staff: Liisa
Lawson Stark/Dan Carrigg; Status: Governor’s
Desk; Position: Request for Signature.
SB 275 (Torlakson) Transportation Needs
Assessment. Requires the California Transporta-
tion Commission (CTC), working with the Depart-
ment of Transportation (DOT), regional planning
agencies, cities and counties to complete a 10-year
needs assessment of the state’s transportation
system and to subsequently submit an assess-
ment every 10 years. Staff: Liisa Lawson Stark/
Dan Carrigg; Status: Governor’s Desk; Position:
Request for Signature.
SB 719 (Romero) Police Vehicle Pursuits.
Narrows the available immunity for public entities
that employ peace officers when a third party is
injured or killed in a collision with a person fleeing
from peace officer pursuits. Such entities receive
immunity if they 1) have adopted and promulgated
a policy for safe conduct of motor vehicle pursuits
that meet minimum state standards, and 2) provide
regular and periodic training for their officers re-
garding safe pursuits.
This bill also increases criminal penalties for
willfully fleeing or attempting to evade police pursuit
in a motor vehicle. Staff: Liisa Lawson Stark/Dan
Carrigg; Status: Governor’s Desk; Position:
Request for Signature.
HOUSING AND LAND USE
AB 712 (Canciamilla): Down Zoning Resi-
dential Property: Attorneys Fees. While this
legislation provides a number of clarifying
changes to existing law affecting the down
zoning of residential property, the League is
opposing the measure based upon language
added in the Senate, that extends a sunset date
of a controversial attorney’s fees provision of the
statute from January 1, 2007, to January 1, 2009.
The League originally opposed this language
when it was added by AB 2292 (Dutra), Chapter
706, of 2002.
This attorney fee language is much broader
than the standard attorney fee provision estab-
lished by Section 1021.5 of the Code of Civil
Procedure, and tilts the balance too far in the
direction of plaintiffs at the expense of local
taxpayers. In short, it offers attorney’s fees to
whomever can successfully sue a local jurisdic-
tion over the down zoning of residential property.
Although some may believe that local community
interests should always bend to the agenda for
higher densities, there are many legitimate
instances when changing or reducing the zoning
of residential property is necessary for infrastruc-
ture, environmental or other reasons.
Moreover, the request for zoning changes
often comes from the property owner. For a
sample “Veto” letter please go to
www.cacities.org/billsearch and type AB 712.
Staff: Dan Carrigg Status: Governor’s Desk;
Position: Request For Veto.
AB 1227 (Torrico) Attorney’s Fees: Hous-
ing Discrimination: This measure authorizes
attorneys fees to be awarded to a broad range of
local governments who are litigated against
under a housing discrimination provision. While
the bill was narrowed during the last week of
session, the attorney fee language remains
overbroad. This language has become an
unstudied precedent that is being applied to land
use.
The League offered several amendments to
the author, in an effort to clarify circumstances
when it woul d not be appropriate for local agen-
Continued on Page 7Visit the League’s Official Website -- www.cacities.org PRIORITY FOCUS/PAGE 7
Legislative Bill Action
cies to pay attorney fees, such as:
• When the court determines that it is not an
equitable response to the action of the
public agency.
• When the agency’s decision related to
housing was taken in an effort to comply
with other state or federal laws and policies
affecting land use.
• When a good faith misinterpretation of the
law has occurred.
• When the plaintiff has not incurred a
significant financial burden.
• When an undue burden would be imposed
upon the taxpayer.
Unfortunately, we were unable to reach agree-
ment on any narrowing of the broad attorney fee
language in the bill. For a sample “Veto” letter
please go to www.cacities.org/billsearch and type
AB 1227. Staff: Dan Carrigg Status: Governor’s
Desk; Position: Request For Veto
AB 14 (Harman) Property Tax: Subdivi-
sions Divisions: Separate Assessments and
Valuations. This measure prohibits an assessor
from assigning parcel numbers or preparing a
separate assessment related to a proposed
division of a residential structure until the assessor
has received evidence that clarifies that the
division has occurred in compliance with appli-
cable laws.
The League supports this measure because it
ensures that assessors will not provide parcel
numbers to subdivisions of residential properties
that have not received required local approvals.
Staff: Daniel Carrigg; Status: Governor’s Desk;
Position: Request for Signature.
AB 1390 (Jones) Housing. AB 1390 would
repeal the sunset on the definition of “substantial
rehabilitation” found in Section 33413 (b) of the
Health and Safety Code. The current definition of
“substantial rehabilitation” has been found to be an
effective and reasonable standard for redevelop-
ment agencies in cities across the State.
This bill also provides a 10-year statute of
limitations period for actions to compel compli-
ance with a redevelopment agency’s obligation to
deposit not less than 20 percent of their “tax
increment” funds into their Low- and Moderate-
Income Housing (L&M) Fund. AB 1390 provides a
10-year statute of limitations period to bring
actions against redevelopment agencies for
improper expenditures of the L&M Fund. Finally,
the bill requires an agency, which has deposited
inadequate funds or unlawfully expended funds to
repay the funds with interest, and provides several
methods for repayment of the funds. Staff:
Daniel Carrigg; Status: Governor’s Desk; Posi-
tion: Request for Signature.
AB 1512 (Garcia) California Housing And
Infrastructure Finance Agency. This measure
allows up to $75 million in funds not used from the
California Housing Loan Insurance Fund to be
used by the California Housing and Infrastructure
Finance Agency (CHFA) to finance the construc-
tion and development of housing in California.
The League supports programs that assist in
providing housing, and supports AB 1512 because
it provides additional flexibility for the CHFA, which
will lead to the production of additional housing in
California. Staff: Daniel Carrigg; Status:
Governor’s Desk; Position: Request for Signa-
ture.
AB 1746 (Committee on Local Govern-
ment). Local Government Reorganization.
This bill would make changes to state laws
affecting local agency formation commissions
(LAFCOs) and local government boundaries.
AB 1746 would extend the deadline for
spheres of influence for LAFCOs to review, revise
and update from January 1, 2006 to January 1,
2008. Under AB 2838 (Hertzberg, 2000) LACFOs
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PAGE 8/PRIORITY FOCUS
are required to review and update spheres of
influence every five years. Due to delays in the
release of advisory guidelines for municipal
services, LAFCOs report that they will have
revised less than half of their spheres of influence
by the January 1, 2006 deadline. By extending the
deadline by two years, LAFCOs will be able to
meet the requirements set forth in AB 2838. Staff:
Daniel Carrigg; Status: Governor’s Desk; Posi-
tion: Request for Signature.
ENVIRONMENTAL
AB 1660 (Pavley) Vehicular Air Pollution:
Energy-Efficient Vehicles. AB 1660 would
establish an energy-efficient vehicle group pur-
chase program within the Department of General
Services. Under the auspices of this program, the
department would be required to negotiate the
lowest possible purchase price for energy-efficient
vehicles on behalf of state and local agencies that
are interested in obtaining those vehicles. The
League supports this worthy effort to facilitate the
purchase of energy-efficient vehicles by state and
local agencies. Staff: Yvonne Hunter; Status:
Governor’s Desk; Position: Request for Signa-
ture.
ADMINISTRATIVE SERVICES
AB 783 (Jones). Elections. Payments of
Expenses. AB 783 would reinstate the provision
of California Elections Code §13000 which re-
quires the State to pay for all special elections
proclaimed by the Governor to fill a vacancy for an
office in the State Senate, State Assembly, U.S.
Senate, or U.S. Congress. Due to a mistake
regarding the sunset date, local governments
must bear the cost of preparation and administra-
tion of State special elections.
With the governor recently calling special
elections for vacancies in the U.S. Congress and
the California State Assembly, AB 783 is a priority
for local government. Staff: P. Anthony Thomas;
Status: Governor’s desk; Position: Request for
Signature.
SB 8 (Soto) Political Reform Act of 1974.
Conflicts of Interest. SB 8 would prohibit local
elected officials, county administrators, and city
managers, for a period of one year after leaving
office or employment, from representing any other
person or entity, by lobbying their former local
governing agency. SB 8’s prohibition does not
apply to any individual who is appearing on behalf
of another local government or public agency of
which the individual is a board member, officer, or
employee.
Existing law already prohibits members of the
Legislature and State elected officials from lobby-
ing the body they served for one year after leaving
service. SB 8 applies the same standard to
officials at the city and county level, and would help
prevent former local elected officials from wielding
unfair influence with the office they once held.
Staff: P. Anthony Thomas; Status: Governor’s
desk; Position: Request for Signature.
EMPLOYEE RELATIONS
AB 186 (Bogh) Occupational Safety and
Health. Fines. AB 186 establishes a refund plan
for civil and administrative penalties imposed
against public safety agencies for violation of laws
relating to safety in employment. Funds received
as a result of a penalty imposed on a local govern-
ing agency would be allocated to the California
Firefighter Joint Apprenticeship Program for the
purpose of establishing occupational injury and
illness prevention programs.
AB 186 would contribute to a safer workplace
and reduce financial impacts on public safety
operational revenues during a budgetary shortfall.
Staff: P. Anthony Thomas; Status: Signed by the
Governor; Position: Request for Signature.
Legislative Bill Action