March 24, 2006
Issue #12-2006
WANT MORE DETAILS
ON BILLS?
Visit the League of
California Cities
website at
www.cacities.org/
billsearch.
TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS
AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION
FOR HIGHER-DENSITY ZONED PARCELS FOR HIGHER-DENSITY ZONED PARCELS FOR HIGHER-DENSITY ZONED PARCELS FOR HIGHER-DENSITY ZONED PARCELS FOR HIGHER-DENSITY ZONED PARCELS
INITIAL ANALYSIS FROM ‘CITIES FOR HEALTHY KIDS’ FOCUS GROUPS INITIAL ANALYSIS FROM ‘CITIES FOR HEALTHY KIDS’ FOCUS GROUPS INITIAL ANALYSIS FROM ‘CITIES FOR HEALTHY KIDS’ FOCUS GROUPS INITIAL ANALYSIS FROM ‘CITIES FOR HEALTHY KIDS’ FOCUS GROUPS INITIAL ANALYSIS FROM ‘CITIES FOR HEALTHY KIDS’ FOCUS GROUPS
RELEASED RELEASED RELEASED RELEASED RELEASED
INFRASTRUCTURE: JUNE DEADLINE PASSES, NOVEMBER BALLOT INFRASTRUCTURE: JUNE DEADLINE PASSES, NOVEMBER BALLOT INFRASTRUCTURE: JUNE DEADLINE PASSES, NOVEMBER BALLOT INFRASTRUCTURE: JUNE DEADLINE PASSES, NOVEMBER BALLOT INFRASTRUCTURE: JUNE DEADLINE PASSES, NOVEMBER BALLOT
TARGETED TARGETED TARGETED TARGETED TARGETED
CALLING ALL CALIFORNIA CITIES! CALLING ALL CALIFORNIA CITIES! CALLING ALL CALIFORNIA CITIES! CALLING ALL CALIFORNIA CITIES! CALLING ALL CALIFORNIA CITIES!
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SB 1177 UNDERCUTS LOCAL AUTHORITY UNDER DENSITY SB 1177 UNDERCUTS LOCAL AUTHORITY UNDER DENSITY SB 1177 UNDERCUTS LOCAL AUTHORITY UNDER DENSITY SB 1177 UNDERCUTS LOCAL AUTHORITY UNDER DENSITY SB 1177 UNDERCUTS LOCAL AUTHORITY UNDER DENSITY
BONUS LAW BONUS LAW BONUS LAW BONUS LAW BONUS LAW
The push to move a bipartisan national telecommunications franchising
bill out of the House Energy and Commerce Committee seems to have
broken down over the past week. For more, see Page 7.
Sen. Dianne Feinstein (D-Calif.) and Congressman
Gary Miller (R-Calif.-42) have been named co-recipients of
the League of California Cities’ “Congressional Leader of
the Year” award. For more, see Page 5.
????????????????????? ? ? LEAGUE NAMES SEN. FEINSTEIN, LEAGUE NAMES SEN. FEINSTEIN, LEAGUE NAMES SEN. FEINSTEIN, LEAGUE NAMES SEN. FEINSTEIN, LEAGUE NAMES SEN. FEINSTEIN,
CONGRESSMAN MILLER, ‘CONGRESSIONAL CONGRESSMAN MILLER, ‘CONGRESSIONAL CONGRESSMAN MILLER, ‘CONGRESSIONAL CONGRESSMAN MILLER, ‘CONGRESSIONAL CONGRESSMAN MILLER, ‘CONGRESSIONAL
LEADERS OF THE YEAR’ LEADERS OF THE YEAR’ LEADERS OF THE YEAR’ LEADERS OF THE YEAR’ LEADERS OF THE YEAR’
HOUSE BIPARTISAN TELECOM REFORM DISCUSSIONS BREAK DOWN HOUSE BIPARTISAN TELECOM REFORM DISCUSSIONS BREAK DOWN HOUSE BIPARTISAN TELECOM REFORM DISCUSSIONS BREAK DOWN HOUSE BIPARTISAN TELECOM REFORM DISCUSSIONS BREAK DOWN HOUSE BIPARTISAN TELECOM REFORM DISCUSSIONS BREAK DOWN
LEAGUE DISTRIBUTES ADVOCACY MATERIALS LEAGUE DISTRIBUTES ADVOCACY MATERIALS LEAGUE DISTRIBUTES ADVOCACY MATERIALS LEAGUE DISTRIBUTES ADVOCACY MATERIALS LEAGUE DISTRIBUTES ADVOCACY MATERIALS
SB 1177 (Hollingsworth), a measure that undercuts the ability of communi-
ties to enforce their development standards under state Density Bonus Law,
moved out of the Senate Transportation and Housing Committee this week,
despite the opposition of the League of California Cities, the American Planning
Association and the California Association of Counties. For more, see Page 6.
League First Vice President
Maria Alegria presents the
Congressional Leader of the
Year Award to Congressman
Miller.
HOT BILLS
SUPPORT SB 1374
(Cedillo). Tax Admin-
istration: tax payer
information: disclo-
sure.
SUPPORT AB 2484
(Hancock). Housing
development:density
bonusesVisit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS
March 24, 2006 - Issue #12
TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS
Telecom Giants Reverse Course on Munici-
pal Wi-Fi
Once an opponent of cities offering wireless
Internet access to their citizens, telecommunica-
tions companies have changed positions, looking
to provide wireless networks for cities to compete
with other Internet providers.
After seeing wireless initiatives from compa-
nies such as Google Inc. and EarthLink Inc., AT&T
Inc. followed suit, putting in a proposal to build a
wireless Internet service for Washtenaw County,
in Michigan. Other big telecom providers have
also pitched wireless Internet access, including a
combination of Cox Communications and Time
Warner Inc. to provide wireless access to cities in
Arizona.
To read the complete article, visit
www.wsj.com, and search for “Companies That
Fought Cities on Wi-Fi, Now Rush to Join In.”
Wi-Fi Expanding in Cities Nationwide
When the city of Chaska, Minn., decided to
have a broadband wireless network constructed
for its citizens in 2004, little did the city know that
two years later, there example would be followed
by municipalities across the United States.
According to Lindsay Schroth, an analyst with
The Yankee Group, more than 320 U.S. munici-
palities have either built or in the planning stages
for a wireless network, including larges cities such
as San Francisco and Minneapolis.
To read the complete article, visit www.sci-
tech-today.com and search for “The Prolifera-
tion of City-Wide Wi-Fi.”
BellSouth Wants New Orleans Network
Shut Down
BellSouth is working to shut down, and make
illegal, a wireless mesh network set up by New
Orleans CIO Greg Meffert after Hurricane Katrina.
Meffert got downtown businesses back online by
opening the city’s 512kbps wireless mesh network
— originally deployed to link surveillance cameras
— to anyone who needed it - for free.
“The vendors, the BellSouths of this world, are
not only going to force us back, making our exist-
ing Wi-Fi illegal, but also they want to close a
loophole for emergencies so that we would not do
this again,” says Mr. Meffert.
To read the complete article, visit
www.redherring.com and search for “Wi-Fi Fight
Brews in Big Easy.”
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
A T 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 official price $65,
plus shipping & handling.
THE 2006 CITY HALL
DIRECTORY IS
COMING SOON!PRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org
March 24, 2006 - Issue #12
AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION AB 2484 (HANCOCK): LEAGUE-SPONSORED BILL SEEKS EXEMPTION
FOR HIGHER-DENSITY ZONED PARCELS FOR HIGHER-DENSITY ZONED PARCELS FOR HIGHER-DENSITY ZONED PARCELS FOR HIGHER-DENSITY ZONED PARCELS FOR HIGHER-DENSITY ZONED PARCELS
Continued on Page 5
AB 2484 (Hancock), the League of California
Cities-sponsored housing measure designed to
exempt sites zoned at high densities from the
density bonus law is set for hearing in the Assem-
bly Local Government Committee on April 19.
Following passage by the Local Government
Committee, the bill will next be heard by the As-
sembly Housing, Community and Economic
Development Committee.
If it becomes law, AB 2484 would reward
communities that have zoned for high-density
residential use (40/25/15 units per acre in metro-
politan, suburban, unincorporated rural jurisdic-
tions, respectively) by exempting sites zoned at
high densities from the density bonus law. The bill
also promotes higher densities, as communities
that already up-zoned will be rewarded with local
control and may consider up-zoning parcels as a
way to bring more certainty to local planning.
“We need to reward cities that are working to
build higher densities,” said Assemblymember and
bill author Loni Hancock. “There have to be incen-
tives built into our housing laws if we want them to
work.”
Visit www.cacities.org/billsearch and search for
AB 2484 for a background document on the mea-
sure.
AB 2484 Clears Up Density Bonus Law
Confusion for Planners
Recent changes to state Density Bonus Law
have made implementation of the law unpredict-
able for many cities. Under the law, developers
can demand a city to increase residential densities
on a parcel by 35 percent; demand many develop-
ment concessions and waivers when they propose
to add only a small percentage of affordable units
to a project; and then sue the city and collect
attorney fees if their demands are not met.
This creates confusion for local planners:
how can a city plan a neighborhood, including
streets, parking, and other infrastructure when a
state law allows an increase of the density of any
parcel on the block by an additional 35 percent?
State Housing Element Law, Section
65583.3(c )(3)(B) of the Government Code,
requires the state to recognize the following
zoning densities in a city or county’s housing
element as appropriate and sufficient to accom-
modate housing for lower income households.
These are known as the “Mullin” standards:
• For incorporated cities within non-metro-
politan counties and for non-metropolitan coun-
ties that have micropolitan areas: sites allowing
at least 15 units per acre.
• For unincorporated areas in all non-
metropolitan counties sites allowing at least 10
units per acre.
• For suburban jurisdictions sites allowing
at least 20 units per acre.
• For jurisdictions in metropolitan counties
sites allowing at least 30 units per acre.
State housing element law recognizes the
established “Mullin” densities as appropriate for
local plans to meet the needs of 100 percent
lower income housing developments. Density
Bonus Law, however, operates without any
connection to densities that have been recog-
nized as sufficient by the Department of Housing.
A perverse result of this law is that it leads
some cities to consider down zoning parcels – or
avoiding zoning parcels for residential uses at all
— to protect themselves from developer de-
mands, lawsuits, and other uncertainties.
“AB 2484 solves this problem by rewarding
‘good actor’ communities that have already
zoned parcels at high densities,” explained
League Legislative Director Dan Carrigg. “It’s a
solution that is simple and fair.Visit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS
March 24, 2006 - Issue #12
A series of four focus groups was conducted in
February as part of the League of California Cities’
“Cities for Healthy Kids” project.
The focus groups were held in Riverside,
Burbank, Berkeley and Fresno, and explored the
views of city officials – elected and staff – about
using cities as conduits to identify and enroll eligible
children in no- or low-income health insurance
programs.
A number of observations at the meetings,
including the following:
• City elected officials and staff believe that
cities can play a role in the effort to enhance
awareness among parents and families in their
communities about the availability of low and no
cost health insurance for their children.
• Confident that cities are trusted sources of
information that can tap and leverage numerous
resources and relationships, focus group partici-
pants said that cities can serve as effective con-
duits of information on the issue. Further, they
assumed many cities will be receptive to the Cities
for Healthy Kids effort because city leaders across
the state are becoming increasingly focused on the
health and wellness of their residents and are
incorporating these values into their city missions or
goals.
How to proceed next is the question the League
is considering. According to the analysis of the four
focus groups, the question resulting from the
research project may not be whether to roll out a
“Cities for Healthy Kids” statewide effort, but rather
how.
Some focus groups participants advocated that
the League of California Cities develop pilot pro-
grams in a few targeted cities “to see what works
and what doesn’t work,” while others endorse
launching the program as soon as possible to all
interested cities. Others recommend doing both
simultaneously.
The League’s Community Services Policy
Committee will review the analysis and make a
INITIAL ANALYSIS FROM ‘CITIES FOR INITIAL ANALYSIS FROM ‘CITIES FOR INITIAL ANALYSIS FROM ‘CITIES FOR INITIAL ANALYSIS FROM ‘CITIES FOR INITIAL ANALYSIS FROM ‘CITIES FOR
HEALTHY KIDS’ FOCUS GROUPS RELEASED HEALTHY KIDS’ FOCUS GROUPS RELEASED HEALTHY KIDS’ FOCUS GROUPS RELEASED HEALTHY KIDS’ FOCUS GROUPS RELEASED HEALTHY KIDS’ FOCUS GROUPS RELEASED
recommendation to the League board of directors.
“Cities for Healthy Kids” is a cooperative project
between the League, the California Teachers
Association and the California Association of Health
Plans, with funding from the WellPoint Foundation.
Visit the Community Services section of the
League’s website (www.cacities.org) for a full copy
of the analysis from the focus groups.
The deadline for an infrastructure package to
appear on the June ballot has passed, with no
consensus among legislators on what that package
should ultimately include. Legislative discussions
on an infrastructure plan continue however, and
there is talk of working to place a package on the
November ballot.
Senate Republicans met this week to talk about
a bond package that would include funding for
transportation, housing, flood protection and
education—the points where there was bipartisan
agreement on the previous proposals. The Senate
Republicans are also consulting Senate Democrats
to negotiate a package that would appeal to both
factions of the legislature.
In addition, the Big Five (the governor, Senate
President pro Tem Don Perata, Senate Minority
Leader Dick Ackerman, Assembly Speaker Fabian
Núñez and Assembly Minority Leader Kevin
McCarthy) met March 22 to discuss next steps to
placing some sort of bond on the November ballot.
Discussions apparently focused on levees, flood
control, and transportation.
The governor has made it clear that he is
committed to getting money for levees and flood
control in a bond. Both the Senate and Assembly
have passed bills that include funding for levees
ranging from $1 billion to $1.5 billion.
It appears promising that the momentum built
up to place an infrastructure package on the ballot
continues, although at this point it would be for the
November ballot, rather than the June ballot. While
it is still unclear what a consensus package would
include, it is encouraging that legislative leaders
are continuing to work to invest in California’s
infrastructure.
???????????? ?????????????
INFRASTRUCTURE: JUNE DEADLINE INFRASTRUCTURE: JUNE DEADLINE INFRASTRUCTURE: JUNE DEADLINE INFRASTRUCTURE: JUNE DEADLINE INFRASTRUCTURE: JUNE DEADLINE
PASSES, NOVEMBER BALLOT TARGETED PASSES, NOVEMBER BALLOT TARGETED PASSES, NOVEMBER BALLOT TARGETED PASSES, NOVEMBER BALLOT TARGETED PASSES, NOVEMBER BALLOT TARGETEDPRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org
March 24, 2006 - Issue #12
The awards were announced and presented at
the National League of Cities’ (NLC) Congressional
Cities Conference in Washington, D.C., earlier this
month.
Congressman Miller was recognized primarily
for his work supporting Community Development
Block Grant (CDBG) funding. As the vice chair of the
House Financial Services Subcommittee on Housing
and Community Opportunity, the congressman took
the lead in actively opposing President Bush’s FY
2006 proposal to eliminate the CDBG program,
which helped preserve the program.
Sen. Feinstein was selected for the second time
by the League. In 2005, she led the charge in the
Senate on homeland security funding with the
introduction of League-supported first responders’
legislation to make the distribution of homeland
security grant funding more equitable for California
and other high threat states. In addition, Feinstein
also actively supported CDBG funding, helping
preserve the program in FY 2006.
“The efforts of
both Congress-
man Miller and
Sen. Feinstein
have been exem-
plary in their
leadership and
support of Califor-
nia cities through-
out the past year,”
said League
Executive Director
Chris McKenzie.
“We’re delighted
to recognize them
and highlight their hard work on issues of vital
importance to the cities of California.”
The Congressional Leader of the Year award
was formally established in 2000. The award is
given occasionally, in special recognition of one or
more members of the California Congressional
delegation for their outstanding contributions to the
cities of California, as determined by the League
board of directors.
LEADERS OF THE YEAR LEADERS OF THE YEAR LEADERS OF THE YEAR LEADERS OF THE YEAR LEADERS OF THE YEAR from page 1 from page 1 from page 1 from page 1 from page 1
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AB 2484 AB 2484 AB 2484 AB 2484 AB 2484 from page 3 from page 3 from page 3 from page 3 from page 3
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.
“The bill simply takes the existing “Mullin”
standards that are recognized by the state, adds a
35 percent density bonus on top of these
amounts, and then exempts residential parcels
that are zoned above those amounts from the
flawed Density Bonus Law.”
League Urges City Support for AB 2484
The League urges cities to review AB 2484
and submit letters of support to the Assembly
Local Government Committee prior to its April 19
hearing. Please be sure to send a copy of your
letter to League Policy Analyst Genevieve
Morelos via e-mail at gmorelos@cacities.org.
Genevieve can also be reached by phone at
(916) 658-8254.
To view a copy of the measure, check on the
hearing schedule or obtain other information,
please visit the Bill Search section of the League’s
website (www.cacities.org/billsearch). If you have
questions on this measure, contact League
Legislative Director Dan Carrigg via e-mail
at dcarrigg@cacities.org, or by phone at
(916) 658-8222.
Visit ‘Housing 2006’ on League
Website
Be sure the visit the League’s new
Housing 2006 webpage (www.cacities.org/
housing2006). You can find information
about all the incentive-based bills that
comprise the League’s housing bill pack-
age, as well as the package of bills spon-
sored by the California Association of
Realtors and California Rural Legal Assis-
tance. (See also, “SB 1177 Undercuts Local
Authority under Density Bonus Law,” p. 1.)
From left to right: Maria Alegria (League 1st V.P.),
Alex Padilla (League President), Sen. Dianne
Feinstein and Jim Madaffer (League 2nd V.P.).Visit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS
March 24, 2006 - Issue #12
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SB 1177 SB 1177 SB 1177 SB 1177 SB 1177 from page 1 from page 1 from page 1 from page 1 from page 1
Continued on Page 8
The bill is jointly sponsored by the California
Association of Realtors and California Rural Legal
Assistance (CRLA). It is one of a package of hous-
ing bills sponsored by the Realtors, co-sponsored by
CRLA. The other bills include: AB 2511 (Jones)
Land Use Housing; AB 2526 (Arambula) Affordable
Housing Developments; SB 1330 (Dunn) Attorney’s
Fees. Each of these bills would have a significant
effect on local land use authority.
Sen. Alan Lowenthal, the committee chair, and
Sen. Christine Kehoe opposed passage of SB 1177.
Other votes on the bill were: “Yes” - Cedillo,
Ducheny, Dutton, Ashburn, Machado, Maldonado,
Margett, McClintock, Runner, Soto and Torlakson.
Sen. Simitian was listed as “Not Voting.”
SB 1177 now moves to the Senate Floor, and will
likely move on to the Assembly.
SB 1177 Undercuts Community Standards
SB 1177 removes the requirement under existing
law that a developer show that a waiver is necessary
to make the affordable units economically feasible.
By doing so, it undercuts the ability of communities
to implement their development standards and
grants an advantage to certain developers without
the minimum requirement of showing that the advan-
tage is needed.
The most onerous provision in this measure
deletes the following sentence from existing law:
“(f) the applicant shall show that the waiver
or modification is necessary to make the
housing units economically feasible.”
By deleting this sentence, this measure com-
pounds the damage already done to local communi-
ties through the passage of several recent bills (AB
1866 - Wright of 2002, SB 1818 of 2004, and SB
435 of 2005) that have undermined the ability of
communities to fairly balance competing policy
needs. Developers should not be able to come into
a community and dictate their own terms.
Last year, SB 435 (Hollingsworth) contained a
similar provision, as well as another provision which
undermined local inclusionary zoning ordinances.
Thanks to the leadership of Assemblymembers
Gene Mullin, Simon Salinas and others, those
changes were removed from the bill.
Quality of Life Preserved and Improved by
Local Planning
Good land use planning is the key to retaining
and improving local quality of life. Local govern-
ments adopt their general plans after much commu-
nity input. These community plans and local
standards should not be diminished without consid-
eration of the impacts of doing so.
Increasing residential densities in projects by
35 percent will generate additional traffic and
demands on schools, water, sewer and other
needed infrastructure. Reducing setbacks may
result in children forced to play in the streets.
Eroding local architectural standards may leave the
neighborhood with poor-quality construction and
community eyesores.
What Cities Can Do
It is time to draw the line on the Legislature’s
erosion of local land use authority. Cities who are
opposed to this measure are encouraged to take
the following actions:
1) Send an opposition letter on the bill to your
senator. (To view a copy of the League’s
letter, visit the SB 1177 page on the Bill
Search section of the League’s website at
www.cacites.org/billsearch.)
2) When the bill reaches the Senate Floor,
CALL your senator and urge a “no” vote.
Write and talk to your Assembly Member
about your concerns as well. This bill is
likely to move to the Assembly.
3) Review the other bills in the Realtor/CRLA
package to determine what effect they will
have on your community. They are: AB
2511, AB 2526 and SB 1330.
4) Have a discussion with local Realtor
chapters about the role that local land use
authority plays in preserving design stan-
dards, protecting property values, support-
ing community development efforts, and
ultimately, protecting the quality of life inPRIORITY FOCUS - PAGE 7 Visit the League’s Official Website--www.cacities.org
March 24, 2006 - Issue #12
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TELECOM TELECOM TELECOM TELECOM TELECOM from page 1 from page 1 from page 1 from page 1 from page 1
As reported in the March 23 edition of Con-
gressional Quarterly, “The impasse marked a
sharp turn of events just two weeks after five
committee leaders said they had reached a broad
agreement on the legislation after months of on-
again, off-again negotiations.
“Committee Republicans are expected to
release a partisan draft and are hoping to hold a
hearing next week.”
Reports are the new draft legislation would
strip local governments’ authority to enter into
franchising agreements with new video providers
and possibly terminate existing cable franchise
agreements.
This potentially major news about the House
legislation comes as the League is distributing
new information and advocacy materials to cities
related to telecommunications reform. The
materials - available on the League’s online Advo-
cacy Center (www.cacities.org/advocacycenter)
include background materials, a sample resolu-
tion, talking points, a sample letter to send to
legislators and congressional representatives and
other materials.
Congress, Legislature Needs to Hear from
Cities
The news from Washington D.C. confirms
what city officials are learning about the telecom-
munications reform issue: this is complicated
stuff, and agreements on reform are not going to
be easily worked out – either in Washington or in
the State Capitol.
City officials have an important opportunity to
weigh in with their state and federal representa-
tives about the issues that are important at the
local level. While cities may have different per-
spectives on reform, most will likely agree that the
key principles adopted by the League board of
directors properly identify the issues that will be of
concern.
Now is the time to make your voices heard.
Contact your League regional representative for
more information about advocacy efforts. Visit the
League’s Advocacy Center to access background
materials, a sample resolution, sample letters,
and more.
Advocacy Tips: Remember that personal
contacts with your representatives are going to
carry the most weight – a phone call, a visit to the
district office, some type of personal meeting.
You can use the talking points on the Advocacy
Center to help get the conversation going. Sec-
ond in the order of effectiveness: a snail mail
letter – on your letterhead, or even hand written.
Finally, if you don’t have time for the other
options, use email. It’s available on the Advocacy
Center to make it easy for you to be an advocate
for your city. It’s much better than not writing at all
– but if sent to your representative’s office, is not
likely to be as effective as a personal contact.
(The exception: if you know your representative
well enough to access his or her personal e-mail.)
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 additional
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 LOOKING FOR CALIFORNIA’S BEST TO LOOKING FOR CALIFORNIA’S BEST TO LOOKING FOR CALIFORNIA’S BEST TO LOOKING FOR CALIFORNIA’S BEST TO
FILL A POSITION IN YOUR CITY? FILL A POSITION IN YOUR CITY? FILL A POSITION IN YOUR CITY? FILL A POSITION IN YOUR CITY? FILL A POSITION IN YOUR CITY?Visit the League’s Official Website--www.cacities.org PAGE 8 - PRIORITY FOCUS
March 24, 2006 - Issue #12
Administrative Services
Hey, dudes and dudettes, three gnarly bills
dealing with hazardous recreational activities have
been introduced this year and are supported by the
League. They are:
• SB 1179 adds skateboarding to the list of
hazardous recreational activities and deletes the
conditions in existing law that must be met for local
governments to enjoy limited protection from
lawsuits.
• AB 2696 lowers the age level of skate-
boarders for which local governments enjoy limited
immunity from 14 year old to ten years old and
adds non-motorized or electric scooters to the list
of hazardous recreational activities.
• SB 1407 adds scootering to the list ofhaz-
ardous recreational activities.
SB 1179 and SB 1407 are pending in the
Senate Judiciary Committee and AB 2696 is pend-
ing in the Assembly Judiciary Committee. Inter-
ested cities should send support letters to the
authors and committees. Staff: Yvonne Hunter;
Status: Pending in JUD; Position: Support.
Revenue and Taxation
SB 1374 (Cedillo). Tax administration: tax-
payer information: disclosure. SB 1374 would
remove the sunset date in existing law that allows
cities to continue their tax discovery efforts by
allowing the Franchise Tax Board to share taxpayer
information. The current statute, the State and
Local Government Tax Sharing Program, will sunset
in 2008. SB 1374 will also add the Employment
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
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.
Development Department as an additional state
department that could share information with cities
for the purposes of business license tax enforce-
ment.
The program has helped many cities to identify
businesses that are not paying local taxes – result-
ing in millions of dollars recouped. More than 95
cities are currently participating in the program,
which does not result in new taxes on businesses,
but rather ensures that existing taxes are being
paid as appropriate. Staff: Jean Korinke, Status:
March 29th, Senate Revenue and Taxation Commit-
tee, Position: Support.
ASSEMBLY JUDICIARY (9)—Jones
(Chair), Harman (Vice Chair), Evans,
Haynes, Laird, Leslie, Levine, Lieber, and
Montañez. Chief Counsel: Drew Liebert.
Counsel: Kevin Baker, Leora Gershenzon,
Manuel Valencia, Tom Clark. Secretaries:
Cindy Fischer, Saba Hashmat. 1020 N
Street, Room 104. Phone: (916) 319–2334.
SENATE JUDICIARY (5)—Dunn (Chair),
Ackerman (Vice–Chair), Escutia, Kuehl and
1 vacancy. Chief Counsel: Gene Wong.
Deputy Chief Counsel: Gloria Megino Ochoa.
Counsels: Alexandra Montgomery, Amanda
Taylor and Benjamin Palmer. Assistants:
Carol Thomas and Roseanne Moreno.
Phone (916) 651–4113. Room 2187.
WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN
SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION?
HERE’S WHO TO CALL: HERE’S WHO TO CALL: HERE’S WHO TO CALL: HERE’S WHO TO CALL: HERE’S WHO TO CALL:PRIORITY FOCUS - PAGE 9 Visit the League’s Official Website--www.cacities.org
March 24, 2006 - Issue #12
your city. Talk about why community
standards are so important, and the tools
your city needs to uphold them.
5) Alert other community groups, neighbor-
hood associations, environmental groups
and others that are concerned about
preserving community standards, about the
impact SB 1177 would have on your city.
6) Visit the League’s new “Housing 2006”
webpage
(www.cacities.org/housing2006) to
review the other bills that comprise the
League’s incentive-oriented package of
housing bills. These are bills that would
reward communities that build housing, by
assisting them with financing for housing,
services and infrastructure. You can also
view the Realtor/CRLA bills and access
other housing resources.
??????????????
SB 1177 SB 1177 SB 1177 SB 1177 SB 1177 from page 6 from page 6 from page 6 from page 6 from page 6
?????? ??????????????
This program recognizes outstanding
cities that deliver the highest quality
and level of service in the most
effective manner possible. Particular
credit and attention is given to appli-
cations specifically advancing the
League’s strategic priorities.
Visit www.cacities.org/helenputnam
for details on the program
and how to enter!
CALLING ALL
CALIFORNIA CITIES!
SING Your City’s Praises by
entering the 2006 Helen Putnam
Award for Excellence Program.
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
March 31, 2006
Issue #13-2006
WANT MORE DETAILS
ON BILLS?
Visit the League of
California Cities
website at
www.cacities.org/
billsearch.
SB 1431 (COX): BILL WOULD ALLOW LOCAL GOVERNMENT TO USE SB 1431 (COX): BILL WOULD ALLOW LOCAL GOVERNMENT TO USE SB 1431 (COX): BILL WOULD ALLOW LOCAL GOVERNMENT TO USE SB 1431 (COX): BILL WOULD ALLOW LOCAL GOVERNMENT TO USE SB 1431 (COX): BILL WOULD ALLOW LOCAL GOVERNMENT TO USE
DESIGN-BILL CONTRACTING DESIGN-BILL CONTRACTING DESIGN-BILL CONTRACTING DESIGN-BILL CONTRACTING DESIGN-BILL CONTRACTING
SIGN-UP FOR THE LEAGUE’S CITY COUNCIL/CITY MANAGER LEADERSHIP SIGN-UP FOR THE LEAGUE’S CITY COUNCIL/CITY MANAGER LEADERSHIP SIGN-UP FOR THE LEAGUE’S CITY COUNCIL/CITY MANAGER LEADERSHIP SIGN-UP FOR THE LEAGUE’S CITY COUNCIL/CITY MANAGER LEADERSHIP SIGN-UP FOR THE LEAGUE’S CITY COUNCIL/CITY MANAGER LEADERSHIP
TEAM WORKSHOP TEAM WORKSHOP TEAM WORKSHOP TEAM WORKSHOP TEAM WORKSHOP
REPORT PROJECTS CALIFORNIA’S INFILL HOUSING POTENTIAL REPORT PROJECTS CALIFORNIA’S INFILL HOUSING POTENTIAL REPORT PROJECTS CALIFORNIA’S INFILL HOUSING POTENTIAL REPORT PROJECTS CALIFORNIA’S INFILL HOUSING POTENTIAL REPORT PROJECTS CALIFORNIA’S INFILL HOUSING POTENTIAL
INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS? INTERESTED IN SERVING ON THE LEAGUE’S BOARD OF DIRECTORS?
INITIAL CONCERNS WITH THE ‘COMMUNICATIONS, PROMOTION, AND INITIAL CONCERNS WITH THE ‘COMMUNICATIONS, PROMOTION, AND INITIAL CONCERNS WITH THE ‘COMMUNICATIONS, PROMOTION, AND INITIAL CONCERNS WITH THE ‘COMMUNICATIONS, PROMOTION, AND INITIAL CONCERNS WITH THE ‘COMMUNICATIONS, PROMOTION, AND
ENHANCEMENT ACT OF 2006’ ENHANCEMENT ACT OF 2006’ ENHANCEMENT ACT OF 2006’ ENHANCEMENT ACT OF 2006’ ENHANCEMENT ACT OF 2006’
LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES LEGISLATIVE BILL SUMMARIES
Page 2 Page 2 Page 2 Page 2 Page 2
Page 3 Page 3 Page 3 Page 3 Page 3
Page 4 Page 4 Page 4 Page 4 Page 4
A League of California Cities-sponsored incentive-based housing measure is
set for hearing in the Assembly Local Government Committee on April 19. For
more, see Page 5.
???????????????????????? ??????????????
AB 2468 (SALINAS/DAUCHER): LEAGUE-SPONSORED HOUSING AB 2468 (SALINAS/DAUCHER): LEAGUE-SPONSORED HOUSING AB 2468 (SALINAS/DAUCHER): LEAGUE-SPONSORED HOUSING AB 2468 (SALINAS/DAUCHER): LEAGUE-SPONSORED HOUSING AB 2468 (SALINAS/DAUCHER): LEAGUE-SPONSORED HOUSING
BILL WOULD REWARD COMMUNITIES WITH EXEMPTION BILL WOULD REWARD COMMUNITIES WITH EXEMPTION BILL WOULD REWARD COMMUNITIES WITH EXEMPTION BILL WOULD REWARD COMMUNITIES WITH EXEMPTION BILL WOULD REWARD COMMUNITIES WITH EXEMPTION
FROM STATE REVIEW OF PLANS FROM STATE REVIEW OF PLANS FROM STATE REVIEW OF PLANS FROM STATE REVIEW OF PLANS FROM STATE REVIEW OF PLANS
Be part of the League of California Cities’ annual Legislative Action Days at
the state Capitol on May 17-18. Join hundreds of local elected officials and
appointed leaders from around the state to urge Legislators to protect our
local services, and preserve local decision-making on land use and other
critical issues. For more, see Page 5.
???????????????????????? ??????????????
REGISTER FOR THE LEAGUE’S LEGISLATIVE ACTION DAYS REGISTER FOR THE LEAGUE’S LEGISLATIVE ACTION DAYS REGISTER FOR THE LEAGUE’S LEGISLATIVE ACTION DAYS REGISTER FOR THE LEAGUE’S LEGISLATIVE ACTION DAYS REGISTER FOR THE LEAGUE’S LEGISLATIVE ACTION DAYS
Congressional efforts to write new rules governing the delivery of telecom-
munications services across the country, moved forward this week when the
House Energy and Commerce Subcommittee on Telecommunications and the
Internet held a March 30 hearing on a draft proposal aimed at permitting tele-
phone companies and new entrants to compete with cable operators in the
video service market. For more, see Page 6.
DRAFT FEDERAL TELECOMMUNICATIONS LAW DRAFT FEDERAL TELECOMMUNICATIONS LAW DRAFT FEDERAL TELECOMMUNICATIONS LAW DRAFT FEDERAL TELECOMMUNICATIONS LAW DRAFT FEDERAL TELECOMMUNICATIONS LAW
REFORM PROPOSAL MOVES FORWARD REFORM PROPOSAL MOVES FORWARD REFORM PROPOSAL MOVES FORWARD REFORM PROPOSAL MOVES FORWARD REFORM PROPOSAL MOVES FORWARD
Page 7 Page 7 Page 7 Page 7 Page 7Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS
March 31, 2006 - Issue #13
The League of California Cities is supporting
SB 1431, a bill that will allow all cities, upon
approval of the city council, to use design-build
contracting until January 1, 2017. The bill is set
for hearing in the Senate Local Government
Committee on April 5.
In addition to allowing cities to use design-build
contracting for cities, the bill also allows design-
build contracting for counties and special districts.
Design-build can be used on construction projects
costing more than $2.5 million and has shown it is
effective in reducing project cost and expediting
project completion.
League Urges City Support for SB 1431
The League urges cities to review SB 1431
and submit letters of support to the Senate Local
Government Committee prior to its April 5 hearing.
Please be sure to send a copy of your letter to
League Policy Analyst Leticia Farris via e-mail
at lfarris@cacities.org. Leticia can also be
reached by phone at (916) 658-8214.
Please also remember to cc the following
people on your support letter:
• Chair and Members, Senate Local Govern-
ment Committee - Fax: (916) 322-0298
• Peter Detwiler, consultant, Senate Local
Government Committee -
Fax: (916) 322-0298
• Crystal Chase, consultant, Senate
Republican Caucus - Fax: (916) 445-3105
• Craig Swaim, consultant, Governor’s
Office of Planning and Research - Fax:
(916) 323-2675
To view the League’s letter of support (also a
good sample support letter), a copy of the mea-
sure, the hearing schedule or obtain other infor-
mation, please visit the Bill Search section of the
League’s website (www.cacities.org/billsearch).
SB 1431 (COX): BILL WOULD ALLOW SB 1431 (COX): BILL WOULD ALLOW SB 1431 (COX): BILL WOULD ALLOW SB 1431 (COX): BILL WOULD ALLOW SB 1431 (COX): BILL WOULD ALLOW
LOCAL GOVERNMENT TO USE LOCAL GOVERNMENT TO USE LOCAL GOVERNMENT TO USE LOCAL GOVERNMENT TO USE LOCAL GOVERNMENT TO USE
DESIGN-BILL CONTRACTING DESIGN-BILL CONTRACTING DESIGN-BILL CONTRACTING DESIGN-BILL CONTRACTING DESIGN-BILL CONTRACTING
Does your city need to regroup and refocus to
get the job done for your community? Could your
council and city manager work more effectively and
efficiently? If so, join us this spring for the League
of California Cities’ City Council/City Manager
Leadership Team Workshop.
The workshop is being held at two dates and
locations. The first workshop is on May 10-12 in
Lake Arrowhead, and will be conducted again on
June 7-9 in South Lake Tahoe. Arrive as a team to
learn:
• Skills to improve communication
• How to better fulfill your individual roles as
council, mayor and/or city manager
• How to negotiate for what you want without
giving in
• How to enhance decision-making as a
group
• Leadership and communication skills you
can use in all aspects of life
• How to create a climate to find common
ground
The minimum number of participants from each
city is three (two elected officials and the city
manager). Past participating cities have found it
best to have the full council participate. Spouse and
guest attendance is discouraged for this intense
learning format.
Registration for both dates is rapidly approach-
ing. For the May workshop, the registration dead-
line is April 10 (36 slots remain or only five more
cities), while the June workshop registration dead-
line is May 19 (space available for only one addi-
tional city).
Registration is available online at
www.cacities.org/events.
SIGN-UP FOR THE LEAGUE’S CITY SIGN-UP FOR THE LEAGUE’S CITY SIGN-UP FOR THE LEAGUE’S CITY SIGN-UP FOR THE LEAGUE’S CITY SIGN-UP FOR THE LEAGUE’S CITY
COUNCIL/CITY MANAGER COUNCIL/CITY MANAGER COUNCIL/CITY MANAGER COUNCIL/CITY MANAGER COUNCIL/CITY MANAGER
LEADERSHIP TEAM WORKSHOP LEADERSHIP TEAM WORKSHOP LEADERSHIP TEAM WORKSHOP LEADERSHIP TEAM WORKSHOP LEADERSHIP TEAM WORKSHOP
????????????? ????????????
If you have questions on this measure, contact
League Legislative Representative Liisa Lawson-
Stark via e-mail at llawson@cacities.org, or by
phone at (916) 658-8249.PRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org
March 31, 2006 - Issue #13
REPORT DOCUMENTS CALIFORNIA’S REPORT DOCUMENTS CALIFORNIA’S REPORT DOCUMENTS CALIFORNIA’S REPORT DOCUMENTS CALIFORNIA’S REPORT DOCUMENTS CALIFORNIA’S
INFILL HOUSING POTENTIAL INFILL HOUSING POTENTIAL INFILL HOUSING POTENTIAL INFILL HOUSING POTENTIAL INFILL HOUSING POTENTIAL
California Business, Transportation and Hous-
ing Agency Secretary Sunne Wright McPeak this
week released a report estimating California’s infill
housing potential in the range of one to one-and-a-
million units by 2025.
The report, “The Future of Infill Housing in
California: Opportunities, Potential, Feasibility, and
Demand” includes a new tool, the pilot Infill Parcel
Locator, a web-based statewide parcel inventory.
The report was prepared by a team of researchers
led by Professor John Landis and Ms. Heather
Hood of the Institute of Urban and Regional Devel-
opment, at the University of California at Berkeley.
The report is available at www.infill.org.
In addition to the number of units by 2025, the
report also found that if the number of infill units
could be doubled from the estimated range, ap-
proximately 100,000 acres of undeveloped land
could be saved during the next 25 years.
In a message distributing information about the
report, Housing and Community Development
Deputy Director Cathy Creswell wrote: “The report
and website are part of a continuing effort to pro-
vide resources and tools to address California’s
continuing housing needs. Meeting growing hous-
ing demand from population increases and the
workforce, while protecting the state’s natural and
agricultural resources, requires more efficient use
of land resources including increased infill develop-
ment.”
“While we recognize encouraging infill will not
eliminate the need for additional Greenfield devel-
opment, we hope this report will assist local offi-
cials, private and non-profit builders, community
groups, and interested stakeholders to better
evaluate the range of opportunities that exist in their
communities through a balanced growth ap-
proach,” Landis added.
For a summary of study findings and policy
suggestions, please visit
www.infill.gisc.berkeley.edu. Access the “About”
section, and scroll down to “Final Report.” For
additional information, contact Professor John
Landis at the Institute of Urban and Regional
Development, University of California, Berkeley,
316 Wurster Hall, Berkeley.
????????????????????? ? ? The League of California Cities welcomes
nominations from elected officials interested in
serving in five at-large positions (two-year term),
or second vice president (one-year term). All
nominees for second vice president must have
previously served on the League’s board of
directors.
If you are interested in submitting your name
(or another elected official’s name) for nomination
to the League board of directors, please provide
the information requested on the nomination
form, along with a bio and letter requesting
consideration, to the League’s Sacramento
headquarters on or before end of business on
Friday, May 19.
Nomination materials can be found on the
“Governance” section League’s website, under
“About the League” at www.cacities.org or can be
obtained by contacting Mimi Sharpe at (916) 658-
8232 or by e-mail at sharpem@cacities.org.
Please send all nomination applications to: Mimi
Sharpe, League of California Cities, 1400 K
Street, Sacramento, CA 95814. You can also fax
the completed nomination form to Mimi’s atten-
tion at (916) 658-8240.
League President Appoints Board of Direc-
tors Nominating Committee
League of California Cities President Alex
Padilla (council member, Los Angeles) has
appointed the 2006 Board of Directors Nominat-
ing Committee. Appointed to the committee and
charged with the responsibility of nominating
League officers and at-large directors, are:
Robert Jehn, council member, Cloverdale,
chair; Bill Wallen, vice mayor, Turlock; Sedalia
INTERESTED IN SERVING ON THE INTERESTED IN SERVING ON THE INTERESTED IN SERVING ON THE INTERESTED IN SERVING ON THE INTERESTED IN SERVING ON THE
LEAGUE’S BOARD OF DIRECTORS? LEAGUE’S BOARD OF DIRECTORS? LEAGUE’S BOARD OF DIRECTORS? LEAGUE’S BOARD OF DIRECTORS? LEAGUE’S BOARD OF DIRECTORS?
Continued on Page 7Visit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS
March 31, 2006 - Issue #13
INITIAL CONCERNS WITH THE ‘COMMUNICATIONS, INITIAL CONCERNS WITH THE ‘COMMUNICATIONS, INITIAL CONCERNS WITH THE ‘COMMUNICATIONS, INITIAL CONCERNS WITH THE ‘COMMUNICATIONS, INITIAL CONCERNS WITH THE ‘COMMUNICATIONS,
PROMOTION, AND ENHANCEMENT ACT OF 2006’ PROMOTION, AND ENHANCEMENT ACT OF 2006’ PROMOTION, AND ENHANCEMENT ACT OF 2006’ PROMOTION, AND ENHANCEMENT ACT OF 2006’ PROMOTION, AND ENHANCEMENT ACT OF 2006’
The League of California Cities is still analyzing
the draft telecommunications reform proposal re-
leased earlier this week by House Energy and Com-
merce Committee Chairman Joe Barton (R-Texas) and
several Republican members of the committee.
The following summarizes some of the concerns
with the draft measure noted by a coalition of national
local government groups in the draft measure, includ-
ing the National League of Cities, U.S. Conference of
Mayors, National Association of Counties, National
Association of Telecommunications Officers and
Advisors and others. (Visit the League’s website
Telcom page at www.cacities.org/telecom to view
testimony provided by Mayor Ken Fellman of Arvada,
Colorado, on behalf of this coalition of groups.)
Franchises. The bill would establish a national
franchise, issued by the Federal Communications
Commission (FCC) for companies that want to provide
cable services. The legislation would allow the
incumbent cable operator to abandon the existing
locally granted franchise as soon as the federally
certified national franchise holder commences cable
service in the incumbent’s service area.
If a new provider decided to abandon the attempt
to provide service under the national franchise in a
service area, the incumbent cable operator would
have to negotiate a new local franchise. The bill would
not require the incumbent operator to resume comply-
ing with the previously-abandoned local franchise.
Build-Out/Cherry-Picking. Although the draft
would prohibit discrimination based on income, it
appears that it would allow a new cable provider
through the national franchise to cherry pick which
areas it plans to service. The draft is silent on the
subject of build-out.
Consumer Protection. The bill would require
the FCC to adopt national consumer protection
standards, but appears to prohibit local authorities
from imposing stricter local standards.
Local Rights-of-Way. Though the legislation
would preserve local authority over the management
of rights-of-way, it would fail to provide sufficient
enforcement authority to assure compliance. While
the legislation is silent on the appropriate forum for
resolving local rights-of-way disputes, by default that
task would move to the Federal Communications
Commission (FCC).
Franchise Fees. Although the bill would retain
the current 5 percent gross revenue cap on franchise
fees, the definition of “gross revenues” may be more
limited than what is contained in local franchise
agreements. Therefore, depending on how the local
franchise agreement is drafted, some cities may see
revenue reductions.
PEG Channels. The number of public, educa-
tional and governmental (PEG) channels would be
determined by the number of PEG channels provided
by the incumbent operator. If the franchise area,
which would be designated solely by the cable
operator, covers more than one jurisdiction, the
number of PEG channels provided would be deter-
mined by the number of channels provided by the
incumbent operator in the jurisdiction with the highest
population. A new, additional PEG channel, or 10
percent increase, could be requested only every 10
years.
I-Net. The draft provides that existing institu-
tional networks (I-Nets) would be “grandfathered” in –
but there is no allowance for new I-Nets. Essentially,
existing I-Nets would continue but local agencies
cannot require cable operators who have national
franchises to provide new I-Nets.
PEG and I-Net Support. The draft legislation
provides one percent of gross revenues for “support”
of PEG channels and I-Nets for local government
needs such as fire, police, and other governmental
communications. For some jurisdictions, these
provisions may not be sufficient in addressing your
community and residents’ needs.
E-9-1-1. The draft preserves a city’s ability to
impose a fee for E-911 and 911 services.
Muni Broadband. Municipalities could continue
to provide telecommunications services.PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org
March 31, 2006 - Issue #13
??????????????????????????????????? ???????????
AB 2468 AB 2468 AB 2468 AB 2468 AB 2468 from page 1 from page 1 from page 1 from page 1 from page 1
The measure, AB 2468 (Salinas/Daucher),
proposes to reward communities that have demon-
strated that they are willing to pre-approve locations
and densities necessary for low and very low
income housing allocations, by exempting those
communities from state review of their plans.
Housing Could be Built ‘By Right’
T o qualify, the local government would designate
and zone its regional housing need allocation
(RHNA) for low and very low income units on
parcels where they may be constructed “by right,”
and certify to the Department of Housing that it is in
compliance with the provisions of the RHNA law.
The jurisdiction would also have to make findings,
based upon substantial evidence that its housing
element also complies with other key components
of housing element law.
The “by right” threshold in this bill means that the
local government would not require a conditional use
permit, planned unit development permit, or other
discretionary local government review, but could
require design review as long as the design review
is ministerial in nature.
Following passage by the Local Government
Committee, the bill would next be heard by a second
Assembly policy committee: Housing, Community
and Economic Development.
League Urges City Support for AB 2468
The League urges cities to review AB 2468 and
submit letters of support to the Assembly Local
Government Committee prior to its April 19 hearing.
Please be sure to send a copy of your letter to
League Policy Analyst Genevieve Morelos via
e-mail at gmorelos@cacities.org. Genevieve
can also be reached by phone at (916) 658-8254.
T o view a copy of the measure, check on the
hearing schedule or obtain other information, please
visit the Bill Search section of the League’s website
(www.cacities.org/billsearch). If you have questions
on this measure, contact League Legislative Direc-
tor Dan Carrigg via e-mail at dcarrigg@cacities.org,
or by phone at (916) 658-8222.
Visit ‘Housing 2006’ on League Website
Be sure the visit the League’s new Housing 2006
webpage (www.cacities.org/housing2006). You can
find information about all the incentive-based bills
that comprise the League’s housing bill package, as
well as the package of bills sponsored by the Califor-
nia Association of Realtors and California Rural
Legal Assistance.
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
LEG ACTION DAYS LEG ACTION DAYS LEG ACTION DAYS LEG ACTION DAYS LEG ACTION DAYS from page 1 from page 1 from page 1 from page 1 from page 1
Bring Your Community Leaders
Plan to have an influential delegation attend
and carry the message clearly and emphatically.
Bring your elected leaders, public safety leaders,
business leaders and community leaders to
demonstrate the broad support for protecting
funding for locally delivered programs and ser-
vices. Help get the legislative attention needed to
preserve local services by being part of this
impressive conference. Meet one-on-one with
legislators in their Capitol offices.
Registration is free prior to May 10, but
hotel reservations at the League rate are only
available until April 17, or until housing block is
full, at the Sheraton Grand Sacramento Hotel, in
Sacramento. So register early and online at
www.cacities.org/events.
????? ????????????????????Visit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS
March 31, 2006 - Issue #13
The proposal was released by Energy and
Commerce Committee Chairman Joe Barton (R-
Texas) shortly after a deal with leading Democrats
on the committee fell through. The decision to move
a Republican draft marked a sharp turn of events,
coming several weeks after five top Republican and
Democratic members of the committee had made
significant progress on a bipartisan agreement.
The Republican-sponsored draft bill proposes to
allow telecommunications operating companies and
other new entrants into the video service market to
obtain national, rather than local, video franchises.
New entrants would obtain 10-year national fran-
chises by filing with the Federal Communications
Commission (FCC).
Draft Bill Unclear on Several Key Details
The draft is unclear on some details on how the
system might operate. Key concerns for local
government center on the lack of specific guidance
on build-out to serve all areas of a community;
definitions of “gross revenues” for the purpose of
determining franchise fees and support for PEG
channels; consumer protection; and enforcement of
rules on local rights-of-way. (For more information
see “Initial Concerns with the ‘Communications,
Promotion, and Enhancement Act of 2006,” p. 4.”)
Local Concerns Presented by Colorado Mayor
and Committee Members
Local government concerns were presented at
the hearing by Mayor Ken Fellman of Arvada, Colo.,
who provided testimony and served as a witness on
behalf of the National League of Cities, the U.S.
Conference of Mayors and other groups. Mayor
Fellman did an outstanding job of presenting infor-
mation about local government franchising and
offering local government’s concerns with the draft
bill. (A copy of the mayor’s testimony can be viewed
on the League’s Telecom webpage at
www.cacities.org/telecom.)
California Congresswoman Hilda Solis (D-Los
Angeles), a member of the Energy and Commerce
Committee, also demonstrated support for local
governments’ concerns. The congresswoman asked
that a more comprehensive build-out provision be
inserted into any federal telecommunications law
reform legislation that the committee moves
forward. Her concern was echoed by the commit-
tee and subcommittee’s Ranking Members John
Dingell (D-Mich.) and Edward Markey (D-Mass.),
who also raised an issue with the bill’s proposal to
authorize the FCC to arbitrate franchise agree-
ment violations.
Municipal broadband deployment was also
addressed, with subcommittee member Rick
Boucher (D-Va.) expressing his support for the
draft bill’s municipal broadband provision, and
engaging in positive dialogue with Mayor Fellman
on the subject.
Draft Moves to Mark up
Committee and subcommittee chairmen Joe
Barton and Fred Upton (R-Mich.) continued to
express their desire to move new competitors into
the video service market as soon as possible, and
assert their belief that their draft proposal could
accomplish this objective through the creation of a
national franchise system. Chairman Barton aims
to move the unnumbered draft bill along quickly,
and to mark up the bill at the subcommittee level
next week.
The League is working with the national local
government groups, as well as with California
congressional delegation members of the Energy
and Commerce Committee, to advance cities’ top
priority issues and gain a more detailed under-
standing of the bill.
What Cities Can Do
City officials are encouraged to call or write
their members of Congress, and talk to them
about cities’ concerns with the shape of telecom-
munications regulatory reform. To access back-
ground materials, a sample letter, talking points
and other advocacy tools, please visit the
League’s Telecom page at www.cacities.org/
telecom. You can write letters online at the
League’s online Advocacy Center
(www.cacities.org/advocacy).
League regional representatives are also
TELECOM TELECOM TELECOM TELECOM TELECOM from page from page from page from page from page 1 1 1 1 1 ??????????????????? ??????????????????????????
Continued on Page 7PRIORITY FOCUS - PAGE 7 Visit the League’s Official Website--www.cacities.org
March 31, 2006 - Issue #13
working to set up district-level meetings with mem-
bers of Congress and legislators. To find out more
about this activity, please contact your League
regional representative.
Tips for Effective Advocacy
Remember that personal contacts with your
representatives are going to carry the most weight
– a phone call, a visit to the district office, some
type of personal meeting. You can use the talking
points on the League’s Advocacy Center to help get
the conversation going. Second in the order of
effectiveness: a snail mail letter – on your letter-
head, or even hand written.
Finally, if you don’t have time for the other
options, use email. It’s available on the Advocacy
Center to make it easy for you to be an advocate
for your city. It’s much better than not writing at all
– but if sent to your representative’s office, is not
likely to be as effective as a personal contact. (The
exception: if you know your representative well
enough to access his or her personal e-mail.)
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Continued on Page 8
ENVIRONMENTAL QUALITY
AB 2951 (Goldberg). Capitol Facilities
Fees. Assemblymember Goldberg is once again
taking on the difficult issue of capital facilities fees.
AB 2951 would not change the current rate-setting
practices of municipal utilities, but would clarify
the existing Cortese Law regarding the separation
of monthly utility rates from one-time capital
facilities fees.
Under the current law, municipal utilities
negotiate the one-time charges for extension of
capital facilities to public education entities and
state agencies, but monthly rates for water, sewer
and electric service are billed as they are to all
customers.
AB 2951 is drafted to protect all ratepayers. It
would prevent any cost-shifting in monthly rates
from public agencies to residential and commer-
cial users. It would ensure a fair rate-setting
process for public agencies to prevent any im-
proper cost recovery from this class of ratepayer.
In addition, it will prevent confusion about the
differences between extension of capital facilities
to serve new customers and the necessary
Sanders, council member, El Centro; Ana Ventura
Phares, mayor, Watsonville; Mike Segala, vice
mayor, Suisun City; Richard Dixon, mayor, Lake
Forest; David Doolittle, council member, Yuba
City; Art Madrid, mayor, La Mesa; Dennis Downs,
fire chief, Pasadena; Lorraine Dietrich, council
member, Livermore; and Rudy Natoli, council
member, Pismo Beach.
The Nominating Committee will meet on July
28 before the July 28-29 League board of directors
meeting, to review the applications of potential
nominees. The committee’s recommendations
will be announced during the Opening Session of
the League’s Annual Conference in San Diego on
September 6.
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????? ???????????????????
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 ActionVisit the League’s Official Website--www.cacities.org PAGE 8 - PRIORITY FOCUS
March 31, 2006 - Issue #13
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
capital costs that must be recovered through
monthly rates. It will also provide a better adminis-
trative process for public education agencies to
have full rate information before rates are set and
to continue to fully participate in the public process
of municipal utility rate-setting.
These provisions ensure that if there are any
inappropriate costs in rates of municipal utilities,
they can be identified and addressed before they
are set or before they are validated.
Municipal utilities have faced significant and
costly litigation from public education providers in
the state in recent years. None of this litigation
has yet been resolved in any ruling on the mean-
ing of the Cortese law. The provision of AB 2951
would in no way impact the outcome of any of
those cases.
Former Assemblymember Cortese has written
that it is a “gross Misinterpretation” of his legisla-
tion to infer he meant that capital costs in monthly
rates to public agencies had to be negotiated.
Until this ambiguity is resolved, municipal utilities
will remain vulnerable to costly litigation.
AB 2951 changes no rate or charge to any
public education agency or other public agency. It
would simply continue the existing rate-setting
processes of fairly spreading costs, including
necessary capital costs, in monthly rates to all
users and in preserving the compact between
public agencies that require municipal utilities to
negotiate one-time capital facilities fees with public
education and state agencies.
The League thanks Assemblymember
Goldberg for taking on this difficult issue again. In
2003 Assemblymember Goldberg authored AB
1051, which was similar to AB 2951. Please send
letters of support to the author and Assembly
Local Government Committee. Staff: Yvonne
Hunter; Status: AsmLGov; Position: Support.
ASSEMBLY LOCAL GOVERNMENT
(7)—Salinas (chair), Emmerson (vice
chair), De La Torre, Houston, Lieber,
Nation, and Wolk. Chief Consultant: J.
Stacey Sullivan. Constultants: Anya Lawler,
Katie Kolitsos. Secretary: Dixie Petty. 1020
N Street, Room 157. Phone: (916) 319-
3958.
WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN WANT TO SEND A LETTER IN
SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION? SUPPORT OF A LEAGUE POSITION?
HERE’S WHO TO CALL: HERE’S WHO TO CALL: HERE’S WHO TO CALL: HERE’S WHO TO CALL: HERE’S WHO TO CALL:
Don’t miss this opportunity to get the
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