IN THIS ISSUE: Aug. 10, 2007
Issue #31-2007
Page 5: ‘Shaping California’s Future’ – League of California Cities’ Annual Conference Opens Sept. 5
Page 6: Public Safety Employer-Employee Cooperation Act of 2007 Moves to the U.S. Senate
Page 7: Don’t Miss ‘How Should California Grow?’
New Housing Publication Available from the Institute for Local Government
League Pension Bond Program: Cities are Saving Millions in Pension Costs
Page 8: California Senate Publishes Guide to Joint Working Powers Agreements
Find a Bill, Legislators, Leg Committee, or Ask League Leg Staff
LEAGUE OFFICIALLY TAKES AN OPPOSE POSITION ON SB 375
Cities Should Act Now to Help Defeat the Measure
The League of California Cities has formally taken an “oppose” position on SB 375 (Steinberg), a
measure that would essentially allow a regional authority to make local land use decisions.
Unfortunately, after months of intense negotiations, e-mails, and counterproposals with Sen.
Steinberg, D-Sacramento, the bill is still not where it needs to be to draw League support.
For more, see Page 2.
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PUBLIC ADVOCATES IDENTIFY THE ‘WORST OF THE WORST’
EMPLOYEE RELATIONS BILLS
While the California Legislature is in recess, work continues to defeat the immense number of
harmful employee relations bills that have been introduced during this legislative session.
The League of California Cities held a meeting earlier this week with a number of public agency
advocates in order to identify the “top five” employee relations bills that would adversely affect
local governments. For more, see Page 3.
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FEDERAL UPDATE: HOUSE APPROVES ENERGY BILL, TEMPORARY EXTENSION
OF INTERNET MORATORIUM TAX NOT INTRODUCED
On Saturday, Aug. 4, the U.S. House of Representatives passed H.R. 3221, a broad energy
package that includes a $10 billion Energy Efficiency Block Grant for cities. H.R. 3221 passed by
a vote of 241-172, and the new block grant will provide funding for communities to further develop
energy efficiency strategies to help reduce greenhouse gas emissions. For more, see Page 4.
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‘SB 375’ Continued from Page 1…
As currently written, SB 375 would require Metropolitan Planning Organizations (MPOs) to
develop a “preferred growth scenario” within the regional transportation plan (RTP). The goal
would be to channel new growth and investment in a manner that would reduce carbon
emissions.
The MPO would also have to designate “significant resource areas” as defined by SB 375. Local
projects that are contrary to the MPO’s designation would not be eligible for transportation
funding. In essence, a regional authority would be making local land use designations.
Why the League Is Acting Now
The League agrees that emissions reduction from the transportation sector will be part of how the
state complies with the stated targets included in AB 32 (the climate change bill from 2006). As a
result, League has attempted to work with Sen. Steinberg to focus on emissions reductions
strategies and planning, rather than growth controls.
The League invited the League of Conservation Voters (sponsor of SB 375) to directly address
the League’s board of directors at its July meeting in Monterey. The board devoted 2.5 hours to
discuss the bill. In the final analysis, however, the board believed that though they were willing to
continue working with Sen. Steinberg on the measure, there were too many problems and
ambiguities to be worked out in the last five weeks of the legislative session.
As a result, they asked Sen. Steinberg to make this a two-year bill. In return, the board promised
to fully engage League time and resources in finding a resolution. Otherwise, the League would
have to oppose the bill. Ultimately, that offer was declined.
League Issues with SB 375
The League made the following points in its opposition letter to SB 375 that was sent to Sen.
Steinberg:
• The Focus Should be on Emissions Reduction, Not Growth Control. SB 375
attempts to dictate specific growth policies, rather than providing local agencies with the
necessary flexibility to address the stated goal of emissions reduction. But directing
growth at this level of detail is unnecessary.
Emissions reduction can be advanced by regional transportation agencies by giving
preferences to transportation projects that help achieve emission reduction targets
without designating where growth should and should not go.
• Broad Scope of Growth Controls Compel Further Consideration. The proposed
preferred growth scenario would severely curtail the development of specific categories
of land called “significant resource areas.” As such, consideration of this bill requires
more in-depth discussions than what has occurred.
• Coordination with Other Efforts Needed. Since the enactment of AB 32, one of the
difficulties is getting clarity on the many different emissions reduction efforts that are
underway. For instance, the Air Resources Board is proceeding according to its statutory
schedule. The California Transportation Commission is holding stakeholder meetings on
these issues to develop guidelines.
If SB 375 is going to be a workable law that can be effectively implemented, then the time
needs to be taken to integrate the bill with other ongoing efforts and applicable laws.
• CEQA Promises Yet to Materialize. The League has carefully reviewed the California
Environmental Quality Act (CEQA) language in the bill and found it insufficient. We
remain willing to develop meaningful CEQA streamlining for projects that advance
emission reduction goals. That discussion will take time.
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• Conflicts with RHNA Process Not Yet Addressed. SB 375 would give direction to
regional authorities to place housing in a way that will reduce carbon emissions. Yet the
Regional Housing Need Allocation (RHNA) process requires that the units be distributed
on a fair share basis.
This bill makes no attempt to reconcile these two conflicting goals. Cities cannot comply
with potentially conflicting reporting requirements. This is a critically important issue that
must be handled appropriately.
• Broad Stakeholder Input Needed. If SB 375 is to be fully embraced, then needs a
broader dialogue involving transportation agencies, Local Agency Formation
Commissions (LAFCO’s), cities, counties, those in the Schwarzenegger Administration
already implementing AB 32, the housing and development industry. The League stands
ready to fully engage in such a process.
Next Steps: What Cities Need to Do
There are five main actions that local officials can take to help oppose SB 375:
1. Take a Position. Send an oppose letter to your Assembly Member and Senator. A
sample letter is posted on the League Web site (to access it, look up SB 375 using the
League Web site’s bill search function at www.cacities.org/billsearch.)
2. Contact Your Legislators Personally. The Legislature is still in Summer Recess.
Thus, your legislators are probably in their districts for another week.
3. Talk to Your COG of MPO. Many of the Councils of Governments (COGs) and MPOs
have taken a neutral or support position on this bill. As an association of local
governments, their position should be consistent with their members.
4. Engage Contract Lobbyists. Those cities that have a contract lobbyist should provide
direction that opposing this bill is one of your legislative priorities for the end of the year.
5. Make Time At The Annual Conference. If this bill is still moving, officials who are
attending the League’s Annual Conference in Sacramento (which coincides with the
second to last week of the Legislative session) should come prepared to speak to their
legislator.
The League will continue to send updated information in the coming days and weeks about SB
375. Stay tuned to the League Web site at www.cacities.org and future issues of Priority Focus.
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‘Employee Relations Bills’ Continued from Page 1…
The public agency advocates attending the League’s meeting (a group including the California
State Association of Counties [CSAC], California Coalition on Workers Compensation [CCWC]
and the Regional Council of Rural Counties [RCRC]) came to a consensus that the following five
bills should be killed or vetoed if they make it to Gov. Arnold Schwarzenegger’s desk:
• AB 419 (Lieber). This measure would provide extended temporary disability workers'
compensation benefits to specified public safety employees for 100 percent of salary for
up to one year of disability. The un-reimbursed state mandate costs resulting from
expansion of Labor Code 4850 benefits would be substantial to cities.
• AB 220 (Bass). AB 220 attempts to duplicate the Public Safety Officers Procedural Bill
of Rights (POBAR). The bill would permit firefighters to engage in specified political
activities and provide procedures and conditions for the investigation and interrogation of
an employee that could lead to punitive action.
AB 220 is unnecessary and burdensome. Firefighters are not the subject of
investigations and interrogations to the same extent as peace officers. Firefighters 4
already have substantial procedural and due process rights and collective bargaining
rights. This bill would impose substantial unfunded mandated costs on local government.
• AB 213 (Fuentes). This measure would eliminate an employer’s right to object to a
specific location by an injured employee for an adjudication of a claim.
• AB 553 (Hernandez). AB 553 would exclusively authorize the Public Employees
Relations Board (PERB) to determine, under the Meyers Milias Brown Act (MMBA),
whether to seek from a court of competent jurisdiction injunctive relief involving employee
strikes, work stoppages, or lockouts.
This bill seeks to expand PERB authority into areas in which it has no existing authority
or expertise. In addition, AB 553 would directly pre-empt existing litigation; usurp city and
county authority over matters involving public health and safety and add unacceptable
delays to seeking injunctive relief to protect the public health and safety.
• SB 942 (Migden). This measure would require an employer to reinstate an employee to
their pre-injury job within five working days upon release of the treating physician or
reimburse the worker for the lost wages and work benefits. SB 942 would prohibit
additional physical duty assignments not performed prior to injuries condition of return to
work.
Terms such as “expands,” “eliminates,” “gives to,” and “provides exclusive for” are prevalent in all
of the above bills and many others that are moving through the Legislature. Other bills that are
equally as detrimental but did not make the top five are AB 1073 (Nava), AB 338 (Coto), SB 936
(Perata) and AB 437 (Jones).
The League had previously published a two-part series on legislation in this area to alert cities on
the negative impacts of various bills. To view those articles, visit www.cacities.org/er. The
League, CSAC, CWCC and RCRC, along with other organizations, will stay in opposition to any
measure that restricts or extracts local decision authority or impacts any agency financially.
For more information on all workers' compensation legislation, look up the measures at
www.cacities.org/billsearch, www.assembly.ca.gov or www.senate.ca.gov. If you have questions,
please contact League Legislative Representative P. Anthony Thomas at (916) 658-8279.
_____________________________________________________________________________
‘Federal Update’ Continued from Page 1…
The Energy Efficiency Block grant will:
• Authorize a total of $2 billion per year from 2008-2012
• Allocate funds to participating communities on a population formula basis (modeled after
the successful Federal Community Development Block Grant (CDBG) program
The U.S. Department of Energy will oversee the administration of the program. Eligible activities
include encouraging energy efficiency and conservation programs in commercial, residential and
municipal building; energy audits; and energy technical assistance.
There are other provisions in H.R. 3221 that the League is still analyzing. For an idea of the other
provisions, the House Energy and Commerce Committee put together a background piece with a
section by section breakdown. The document is located at http://energycommerce.house.gov.
The Senate’s energy package, H.R. 6 (Rahall-W.Va.), the Clean Energy Act of 2007, focuses on
renewable energy and provides tax incentives to encourage research and development to
achieve this goal. Also included in H.R. 6 is the language from S. 1115 (Bingaman-N.M.), the
Energy Efficiency Promotion Act of 2007.
Once Congress returns from recess, a conference committee will be named to reconcile the
differences between H.R. 6 and H.R. 3221.
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House Breaks for Recess - Temporary Extension of the Internet Moratorium Tax Not
Introduced: Letters of Support Needed
With the Temporary Extension on Internet Taxes ready to expire on Nov. 1, the U.S. House of
Representatives left for recess without introducing legislation that would extend the Internet
Moratorium.
The House Judiciary Committee held a hearing to discuss the Internet Moratorium the last week
of June, but was unable to introduce new legislation before the August recess. Currently, no
House version of the temporary extension of the Internet Moratorium legislation has been
introduced, although several permanent extension measures have.
Take Action!
The League of California Cities is in support of a temporary extension and is asking Utility Users
Tax (UUT) cities with members on the House Judiciary Committee to write their Congress
member to urge them to introduce or co-sponsor legislation that would extend the Internet
Moratorium for another three years.
A sample letter is located at www.cacities.org/federalresources.
Background
Earlier this year, in both the House and the Senate, bills were introduced -- H.R. 743 (Eshoo-
Calif.), H.R. 1077 (Campbell-Calif.) and S. 156 (Wyden-Ore.) -- that would make the moratorium
on Internet access taxes and multiple and discriminatory taxes on electronic commerce
permanent.
In the Senate, however, another proposal has emerged, S.1453 (Carper-Del.), which would
extend the Internet Moratorium for four more years. California Sen. Dianne Feinstein has signed
on as a co-sponsor of S. 1453. The League will continue to monitor the issue as it develops.
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‘Shaping California’s Future’ – League of California Cities’ Annual Conference
Opens Sept. 5
The League of California Cities’ 109th annual conference opens on Sept. 5, in Sacramento. Join
more than 1,800 city officials for a roundup of legislative updates on the League’s strategic
priorities of infrastructure, affordable housing and eminent domain reform.
The conference will also feature three diverse general session keynote speakers - Seattle Mayor
Greg Nickels, Mark Sanborn, and Sir Ken Robinson, Ph.D. – that will deliver presentations on
climate change, leadership and creativity, respectively.
For more information on the conference and how to register, visit www.cacities.org/ac.
On-Camera Media Training Available for City Officials at the Annual Conference
Do you need to deliver your city’s message more effectively during media interviews? If so, take
advantage of this free opportunity for professional on-camera media training at the League’s
Annual Conference on Sept. 5-8, in Sacramento.
This 45-minute training session will include a short, on-camera interview, where instructors will
ask questions about issues vital to your city; critique your “performance” and provide an
opportunity for a follow-up interview. A DVD copy of your session will be available to take home
for your own personal review.
The training session instructors are noted public information and media experts from cities
throughout California. After this brief introductory session, you’ll feel more comfortable with
delivering your city’s important messages in newspaper, radio and on-camera interviews. 6
Only Two Spots Left! Register Now!
There are only two spots left for these one-on-one sessions. The training will be held in the
League Press Room at the Sacramento Convention Center, which is convenient to all conference
sessions.
Contact Eva Spiegel, League communications director at (916) 658-8228 or
espiegel@cacities.org, to take advantage of this outstanding opportunity, which can regularly cost
thousands of dollars.
Reservations will be accepted on a paid first-come, first-served basis. Please note that, while
there is no charge for the training, in an attempt to address the problem of “no-shows,” there is a
$20 charge, refundable as a $20 CityBooks coupon for those who attend the training. No refunds
or coupons will be issued for “no shows.”
On-Camera Interview Training Session Times (Still Available)
Saturday, Sept. 8
8 a.m. – 8:45 a.m.
10 a.m. – 10:45 a.m.
*If you get voicemail when making a reservation please:
• Leave a message with your preferred time slot.
• Tell in some detail about an important issue facing your city so that we can prepare
interview questions that are tailored to your community.
• Leave your complete contact info including cell phone.
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Public Safety Employer-Employee Cooperation Act of 2007 Moves to the U.S.
Senate
Measure Could Pre-empt California’s Collective Bargaining Laws
H.R. 980, the "Public Safety Employer-Employee Cooperation Act of 2007," was passed by the
U.S. House of Representatives last month. The measure, which could possibly pre-empt all or
parts of California’s state laws regarding collective bargaining systems, now moves to the U.S.
Senate for consideration after the U.S. Congress returns from its August recess.
If signed into law, H.R. 980 would require that the Federal Labor Relation Authority determine
within 180 days of the act’s passage) whether each state’s labor laws:
• Grant public safety officers the right to form and join a labor union
• Require that public safety employers recognize the employees’ labor union
• Provide for bargaining over house, wages, and the terms and conditions of employment,
but excludes pensions
• Provide for an impasse resolution process; and
• Require that state courts enforce the rights established by H.R. 980
If a state's laws fail to meet these requirements, even if the state currently recognizes collective
bargaining rights, the bill would require the state to amend its laws to comply with H.R. 980
within two years of the bill's effective date. California’s collective bargaining laws would be
vulnerable to federal pre-emption under this bill.
A similar bill is expected to be introduced in the Senate after recess. The League is opposed to
H.R. 980 and will continue to monitor the issue and work with national groups to defeat the bill
when Congress returns from its recess.
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Don’t Miss ‘How Should California Grow?’
Western City Article Series Examines the State’s Growth-Related Issues
California’s booming population growth presents significant challenges for its elected officials,
whether they serve at the local or state level. These challenges include providing services —
transportation, housing and water, to name just a few — to meet the needs of a steadily
increasing number of residents.
It’s time for a rational, strategic discussion to address these challenges. Toward that end,
Western City magazine is running a series of articles designed to stimulate the dialogue. Titled
“How Should California Grow?”, the series presents a variety of perspectives on the state’s major
growth-related issues.
We are in a new era, where things that worked in the past aren’t necessarily going to work for our
future. While local governments and the state are grappling with this new reality, many of us are
realizing that we need to find much more aggressive and proactive ways of addressing our most
urgent problems.
“How Should California Grow?” examines demographics and growth patterns, various scenarios
for future development, water supply, environmental concerns, housing affordability, infill, density
and gentrification issues, transportation, infrastructure financing and more.
Bill Fulton, one of the most prominent thinkers and experts on land use in California and a
Ventura City council member, kicked off the series in the June 2007 issue with an introductory
article that is thought-provoking and incisive. He encourages elected officials to think long-term
about the issues associated with growth and offers a framework for doing so.
To read the entire series so far, visit www.westerncity.com/grow.
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New Housing Publication Available from the Institute for Local Government
The Institute for Local Government (ILG), the League of California Cities
and California State Association of Counties’ nonprofit research affiliate,
has published “Building Public Support for Affordable Housing: A Toolbox
for California Officials.”
The publication provides tools and strategies for local officials in
responding to public concerns about affordable housing projects.
Hard copies of “Building Public Support for Affordable Housing: A Toolbox for California Officials”
are being been mailed to city and county planning directors this week. In addition, a digital copy
of the publication is available for free download at www.ca-ilg.org/yimby.
Additional hardcopy versions of the publication may be ordered from ILG for $30 or at discounted
bulk rates. For more information, visit www.ca-ilg.org/ilgpubs.
“Building Public Support for Affordable Housing: A Toolbox for California Officials” was published
thanks to the generous support of the Bank of America Foundation, with additional support from
the Non-Profit Housing Association of Northern California and the League of California Cities
Partner Program.
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League Pension Bond Program: Cities Are Saving Millions in Pension Costs
To address the continuing high costs for pensions, a group of cities is proceeding with the
issuance of Pension Obligation Bonds through California Communities.
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Pension obligation bonds (POBs) will reduce annual pension costs because they are the
equivalent of refinancing the pension debt the city has to the CalPERS system at a lower interest
rate. POBs for CalPERS employers with unfunded liabilities in the Risk Sharing Pools will have
the benefit of locking in the earnings rate on the liability pre-payment at 7.75 percent; a fixed rate
that exceeds the POB cost of funds.
Other employers will have the added benefit of earning the actual CalPERS earnings rate that
has been between 12.3 percent and 19.1 percent in recent years; rates that far exceed the POB
cost of funds.
In order to help local governments save money, California Communities established the Pension
Obligation Bond Program, which has refinanced $410 million in California Public Employees
Retirement System (CalPERS) unfunded liability for 23 local governments since 2004. The
expected cumulative savings from the pension bond program for these 23 agencies is more than
$110 million. California Communities is the financing authority jointly sponsored by the League of
California Cities and the California State Association of Counties (CSAC).
The California Communities program provides:
• A streamlined bond issuance process
• A team of experts handle the details
• Minimal internal staff requirements
If you are interested in determining the benefits of issuing pension bonds and possibly joining the
current program, contact California Communities Program Manager Terrence Murphy at (800)
635-3993 (ext. 223) or tmurphy@cacommunities.org. You can also contact RBC Capital Markets
Managing Director Catherine Bando at (9213) 362-4137 or catherine.bando@rbccm.com.
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California Senate Publishes Guide to Joint Working Powers Agreements
The California State Senate recently published “Governments Working Together: A Citizen’s
Guide to Joint Powers Agreements.” The publication is useful for community activists, local
officials, public employees and researchers.
A joint powers agreement (JPA) refers to situations in which governments agree to combine
powers and resources to address common concerns. The guide provides details on how JPAs
work, discusses pros and cons associated with JPAs as well as information about how public
officials can use JPAs to better deliver services and facilities. The 32-page citizen guide also
features a frequently asked question section and additional resources for users.
To order, request “Governments Working Together – stock number 1404-S,” and send a check
(credit cards not accepted) for $8.08 made payable to the Senate Rules Committee to:
Senate Publications & Flags
1020 N Street, Room B-53
Sacramento, CA 95814
For more information, call the Senate Publications & Flags office at (916) 651-1538.
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Find a Bill, Legislators, Leg Committee, or Ask League Leg Staff
Visit (and bookmark!) the League’s Legislative Resources Web page
(www.cacities.org/legresources). You’ll find a roster and contact information for the League’s
legislative staff; the online Bill Search program, background materials on lobbying your
legislators, and more.
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IN THIS ISSUE: Aug. 17, 2007
Issue #32-2007
Page 4: Public Utilities Commission Orders Southern California Edison to Reallocate Rule 20A Money
Page 5: Legislation Planned to Restore Local Governments’ Power to Seize Vehicles
Page 5: MuniLink Launches Online Interim Placement Service
Page 5: New Edition of Proposition 218 Implementation Guide Available for Sale at Annual Conference
Page 6: ‘Shaping California’s Future’—League of California Cities Annual Conference Opens Sept. 5
Page 6: California Civic Leadership Institute Prepares the Next Generation of State Leaders
Page 6: HUC Publishes Transit-Oriented Development Draft Guidelines
Page 7: Find a Bill, Legislators, Leg Committee, or Ask League Staff
SB 375 SET FOR THE ASSEMBLY COMMITTEE ON APPROPRIATIONS NEXT
WEDNESDAY
SB 375 (Steinberg) is scheduled to be heard Wednesday, Aug. 22 at 9 a.m. in the Assembly
Committee on Appropriations in Room 4202. The measure would require regional transportation
agencies to develop growth plans tied to transportation funds and offers ineffective CEQA relief.
For more, see Page 2.
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CRITICAL BILLS FOR CITIES AT THE END OF THE SESSION
The Legislature resumes Monday from summer recess and will have three weeks to complete its
business before the session adjourns on Friday, Sept. 14. At this point in the process, the
following bills are either in appropriations committees or on the Senate or Assembly floor. For
more, see Page 2.
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LEAGUE HOLDS PRESS EVENT IN SACRAMENTO
The League invited members of the Capitol Press Corps to a briefing held at the League’s offices
on Tuesday, Aug. 14. Reporters attended from both print and broadcast media. The event
served as an opportunity for the press to learn about the issues of greatest concern to cities. For
more, see Page 3.
2
‘SB 375 Update’ Continued from Page 1…
The League and other organizations opposed to SB 375 have made multiple requests to the
author to make it a two-year bill. This will provide time to address the many flaws in the language
as well as reorient the bill to its stated purpose of emissions reduction instead of regional growth
control.
The League encourages cities to oppose this measure and notify their legislator. Please visit the
League’s Web site for a copy of the League’s opposition letter and a sample city opposition letter.
Committee members:
• Leno (D-San Francisco) (Chair)
• Walters (R-Laguna Niguel) (Vice Chair)
• Caballero (D-Salinas)
• Davis (D-Los Angeles)
• DeSaulnier (D-Martinez)
• Emmerson (R-Redlands)
• Huffman (D-San Rafael)
• Karnette (D-Long Beach)
• Krekorian (D-Burbank)
• La Malfa (R-Biggs)
• Lieu (D-Torrance)
• Ma (D-San Francisco)
• Nakanishi (R-Lodi)
• Nava (D-Santa Barbara)
• Runner (R-Lancaster)
• Solorio (D-Santa Ana)
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‘Critical Bills for Cities at the End of Session’ Continued from Page 1…
To keep you focused during the final weeks of the session, below is a list of bills of critical interest
to cities organized by subject areas of importance.
The League’s List of Hot Bills with links to our oppose or support letters can be found at
http://www.cacities.org/index.jsp?displaytype=§ion=issues&zone=locc.
Land-Use
SB 375 (Steinberg). Oppose. Requires the development of regional growth plans that link
access to transportation funding to compliance with the plans.
AB 414 (Jones). Oppose. Restricts how local agencies can count sites for housing designated
on non-residential land and imposes these conditions for all local agencies regardless of size,
circumstance, or performance.
AB 70 (Jones). Oppose. Provides that a city or county may be subject to liability for property
damage caused by a flood resulting from failure of a state controlled levee.
ACA 8/AB 887 (De La Torre). Support. The Constitutional amendment and its statutory
companion will provide strong new protection for homeowners and small business owners against
eminent domain for private development.
AB 1542 (Evans). Support. This bill would continue to allow local rent control ordinances to
keep mobile homes at an affordable rate for those on a fixed income.
Transportation Bond Implementation/ Public Works
SB 286 (Lowenthal). Support. Defines an allocation schedule for the $2 billion included in
Proposition 1B as a direct allocation to cities and counties to fund transportation funds. These
will likely contain clarifying language once the budget is adopted. 3
SB 619 (Migden). Oppose. Requires that contract retention proceeds not exceed five percent of
the payment of all contracts entered into after January 2008, between a public entity and an
original contractor, between an original contractor and a subcontractor, and between all
subcontractors.
Labor Relations
Last week, Priority Focus reported on the top five worst employee relations bills identified by
public agency advocates. That story can be accessed at www.cacities.org in the August 10, 2007
Priority Focus issue.
AB 419 (Lieber). Oppose. Provides extended temporary disability workers’ compensation
benefits to specified public safety employees for 100 percent of salary for up to one year of
disability.
AB 220 (Bass). Oppose. Duplicates the Public Safety Officers Procedural Bill of Rights and
would permit firefighters to engage in special political activities and provide procedures and
conditions for the investigation and interrogation of an employee that could lead to a punitive
action.
AB 213 (Fuentes). Oppose. Eliminates an employer’s right to object to a specific location by an
injured employee for an adjudication of a claim.
AB 553 (Hernandez). Oppose. Authorizes the Public Employees Relations Board to determine,
under the Meyers Milias Brown Act, whether to seek from a court of competent jurisdiction
injunctive relief involving employee strikes, work stoppages, or lockouts.
SB 942 (Migden). Oppose. Requires an employer to reinstate an employee to their pre-injury job
within five working days upon release of the treating doctor or reimburse the worker for lost
wages and work benefits.
Revenue and Taxation
AB 1222 (Laird). Support. Implements a number of reforms to the procedures involving
processing claims to establish the existence of a reimbursable state mandate, including
parameters and guidelines for mandate determination and procedures for development of
statewide cost estimates.
SCA 12 (Torlakson). Support. Includes fees for storm water management programs to those
extensions already included in Proposition 218 making it easier for cities to fund and comply with
new and increasingly stringent storm water quality permit requirements adopted by the regional
water quality control boards.
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‘League Holds Press Event in Sacramento’ Continued from Page 1…
The League’s legislative staff provided reporters with a comprehensive overview of our strategic
priorities—infrastructure, housing and eminent domain—and information on current legislation
that impacts cities.
The League’s legislative director, Dan Carrigg, discussed SB 375 (Steinberg) and why the
League recently took an ‘oppose’ position on the bill. He explained how California cities have
already been addressing climate change through a variety of mechanisms and make land-use
decisions to reduce emissions and more effectively plan for growth. Carrigg said that SB 375, in
its current form, would implement radical limits on local land-use authority.
Patrick Whitnell, the League’s legal counsel, updated reporters on the recent California Supreme
Court decision O’Connell v. City of Stockton, which ruled that state law preempts local vehicle
forfeiture ordinances. The League is working with Assembly Member Dave Jones (D- 4
Sacramento) and other legislators to craft a legislative fix that would allow cities to use vehicle
forfeiture as a crime-fighting tool.
Bill Higgins, the League’s housing and land-use lobbyist, discussed why funding is so critical to
expanding the supply of affordable housing in California. Higgins explained that 170 cities and
counties have adopted inclusionary housing ordinances. Statewide, these ordinances are
responsible for the development of an estimated 30,000 affordable units between 1999 and
2005. While this housing stock is helpful, it is not sufficient to adequately solve California’s
affordable housing shortage. To address these problems, the League has joined a coalition of
other interested parties to work on securing a permanent subsidy for affordable housing.
After the briefing, reporters asked questions on a number of issues including how the budget
delay will affect cities. Liisa Stark, the League’s lobbyist on transportation issues, noted that the
allocation of transportation bond funds is one of the most important items for cities in the budget
and its trailer bills. The budget delay directly impacts projects that are ready to go. Stark
explained that SB 88, the bond implementation “trailer” bill which would allocate funds to cities
and counties for local streets and roads (Prop. 1B funds), currently has some drafting errors
which will require subsequent clean-up legislation.
The League’s press briefing was a success and plans are already underway for the next event in
early 2008.
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Public Utilities Commission Orders Southern California Edison to Reallocate Rule 20A
Money
In a Resolution issued by the California Public Utilities Commission (CPUC) last month, Southern
California Edison was ordered to take Rule 20A money from those cities and counties deemed to
have “inactive” undergrounding programs and transfer some of the funds to the city of La Habra
for an undergrounding project. Rule 20A refers to funds that are available to finance electrical
utility undergrounding projects.
The Commission’s order was in response to a request by La Habra to “mortgage” its Rule 20A
allocation for a 10-year period to provide sufficient funds to offset the costs of its undergrounding
project. The CPUC denied this request citing its previous decision to allow cities to mortgage
Rule 20A funds for no more than five years. Instead, the CPUC ordered Edison to take money
from allocations of cities that the commission determined to be inactive.
The CPUC identified those cities and counties using two criteria:
1. The city had not completed an undergrounding project since 1999
2. The city had not formed a utility undergrounding district, which is a prerequisite for
accessing Rule 20A money
Using the criteria, the CPUC identified 37 cities and six counties as “inactive” in Edison’s territory.
However, before making this determination, the CPUC did not first contact any of the identified
municipalities to find out if they had plans to use their Rule 20A funds for future undergrounding
projects.
Survey of “Inactive” Cities
After the Resolution was approved by the CPUC, the League surveyed the 37 “inactive” cities and
received 20 responses. These responses were quite consistent with the cities reporting that they
did not know about the resolution until informed by either the League or their local Edison
representative.
In addition, many cities indicated that they had been “banking” their allocations for some years to
accumulate sufficient funds to do an undergrounding project. Smaller cities pointed out that
accumulating sufficient funds was a challenge given the small size of their annual allocations and
that the loss of any portion of their Rule 20A funds would significantly set back their efforts.
5
Lastly, many cities informed the League that they had identified projects for which they intended
to use their Rule 20A allocation. These projects were in different stages of development, but one
city did inform the League that they were currently in construction on an undergrounding project.
Because the project was not yet complete, the CPUC determined that the city was “inactive”.
The League Takes Action
The League is extremely concerned with the CPUC’s order and the precedent it sets. On Aug.
15, the League filed an application for rehearing with the CPUC. The application discusses the
flaws in the manner in which the CPUC determined some cities were “inactive,” and discusses
results of the League’s survey of “inactive” cities. Further, we point out that the cities that have
Rule 20A allocations at risk were unaware of this proceeding, and therefore, never had a
meaningful opportunity to participate.
The League would like to express its gratitude to Edison for bringing this important matter to our
attention, and to thank them for their assistance with the application for rehearing.
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Legislation Planned to Restore Local Governments’ Power to Seize Vehicles
Assembly Member Dave Jones (D-Sacramento) has announced that he will author a bill to
restore local governments’ power to impound and sell vehicles used in drug use and prostitution.
The legislation is in response to a recent California Supreme Court decision, O’Connell v. City of
Stockton, which found that state law prevented local governments from enacting their own
ordinances allowing forfeiture of vehicles used in prostitution and the purchase of drugs.
Jones said he plans to amend AB 1724, a bill currently pending in the State Senate, for the new
measure.
“This is about making our streets safer for children and families by putting the breaks on drive-
through delinquency,” said Jones in a statement. “Cities and counties need the tools to stop poor
neighborhoods from being treated like one-stop shopping centers for drugs and prostitution.
Individuals cruise into poor neighborhoods, commit lewd and dangerous acts, and drive back out.
Cars are essential to committing these crimes, and seizing cars is essential to combating these
crimes.”
For a previous Priority Focus article on O’Connel v. City of Stockton, see “Legal Decision Seizes
Cities' Rights to Confiscate Vehicles” at www.cacities.org.
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MuniLink Launches Online Interim Placement Service
The League and Public Service Skills (PSS) has transformed PSS’ interim placement service into
an Internet based resource tool though MuniLink.
MuniLink is provided by the League as an online portal to give cities immediate access to vendors
and services. Now, public agencies can also use the Web site to find interim staff. The interim
employee directory lists retirees and consultants interested in short-term assignments. The
database includes listings for city managers, finance directors, planning directors, city attorneys,
human resource directors and more. New listings are being added daily.
MuniLink’s online products, services and interim employee directory can be accessed at
www.cacities.org/munilink.
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New Edition of Proposition 218 Implementation Guide Available for Sale at Annual
Conference
Proposition 218 placed additional obligations on cities with respect to taxes, fees and other
revenue generating mechanisms. Complying with Proposition 218 is a central issue for any city 6
contemplating raising new revenues. To assist cities with this complex and challenging area of
the law, the League’s City Attorneys’ Department updated the Proposition 218 Implementation
Guide.
The 2007 edition of the Guide will be available for purchase at the League’s Annual Conference
through CityBooks. Last updated in 2000, this new edition of the Proposition 218 Implementation
Guide covers legal developments since the last update, including the recent Supreme Court case
Bighorn-Desert View Water Agency v. Vergil. The Guide is an authoritative source on Proposition
218, and has been cited by the courts as such.
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‘Shaping California’s Future’ – League of California Cities’ Annual Conference
Opens Sept. 5
The League of California Cities’ 109th annual conference opens on Sept. 5, in Sacramento. Join
more than 1,800 city officials for a roundup of legislative updates on the League’s strategic
priorities of infrastructure, affordable housing and eminent domain reform.
The conference will also feature three diverse general session keynote speakers - Seattle Mayor
Greg Nickels, Mark Sanborn, and Sir Ken Robinson, Ph.D. – who will deliver presentations on
climate change, leadership and creativity, respectively.
For more information on the conference and how to register, visit www.cacities.org/ac.
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The California Civic Leadership Institute Prepares the Next Generation of State Leaders
The California Civic Leadership Institute (CCLI) will convene its second of two classes next week
at Southern California Edison’s Big Creek hydro-electric facility near Shaver Lake in the Sierra
Nevadas.
Presented by the League Partners Program, the CCLI is a competitive educational program that
brings together local government officials who want to take their service to the next level in the
California Legislature. The program’s goal is to educate attendees on substantive issues facing
California in order to produce future state leaders who will make strong policy decisions. Each
year, approximately 20 city officials attend the program. This is the CCLI’s third year.
CCLI attendees learn from a variety of experts and participate in discussions on complex
statewide infrastructure issues including transportation, housing and the impact of increasing
energy demand in our growing state. Instead of just a standard classroom format, the CCLI
includes informal roundtable discussions and takes participants out into the field. The program
includes a tour of Big Creek, giving participants an opportunity to see first hand how electricity is
generated and moved throughout the state. The program is enriched by the broad depth of
experience of participants who come from both sides of the aisle.
This year’s program culminates with a final two-day session in Sacramento Sept. 4-5 on the
realities of political life in the Capitol. Scheduled speakers include former Senate Republican
leader Jim Brulte and political consultant Garry South.
For information about the CCLI program please contact Mike Madrid at (916) 658-8272.
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HCD Publishes Transit-Oriented Development Draft Guidelines
Last week, the California Department of Housing and Community Development (HCD) published
draft guidelines for its transit-oriented development program. Cities are encouraged to review the
guidelines (located at www.hcd.ca.gov/fa/tod) and send in comments to HCD. Comments will be
accepted through Sept. 10.
For more information, contact HCD Director of Legislation Jolena Voorhis at (916) 323-0169.
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Find a Bill, Legislators, Leg Committee, or Ask League Leg Staff
Visit (and bookmark!) the League’s Legislative Resources Web page
(www.cacities.org/legresources). You’ll find a roster and contact information for the League’s
legislative staff; the online Bill Search program, background materials on lobbying your
legislators, and more.
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