August 12, 2005
Issue #32-2005
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• SENATE HEARING TO CONSIDER EMINENT DOMAIN
• LEGISLATURE RETURNS AUGUST 15, HEADS UP TIME FOR CITIES
• ON-CAMERA MEDIA TRAINING AVAILABLE FOR CITY OFFICIALS AT
THE ANNUAL CONFERENCE
• CAPIO VOLUNTEERS HELP STAFF MEDIA ROOM
The Legislature is
in recess until
August 15.
SENATE HEARING TO CONSIDER EMINENT DOMAIN
Sen. Christine Kehoe (San Diego), chairperson of the Senate Local
Government Committee, announced this week that her committee will hold an
informational hearing on Wednesday, August 17, to examine the how the
recent Supreme Court ruling on eminent domain in Kelo v. City of New Lon-
don affects California’s local governments. For more, see Page 3.
ON-CAMERA MEDIA TRAINING AVAILABLE FOR CITY
OFFICIALS AT THE ANNUAL CONFERENCE
Legislators return to the State Capitol on Monday, August 15, for four
weeks of session before their September 9 recess for the year. They will then
reconvene on January 4 for the second year of the 2005-06 session. For
more, see Page 2.
LEGISLATURE RETURNS AUGUST 15
‘HEAD’S UP’ TIME FOR CITIES!
Do you need training to deliver your city’s message more effectively during
media interviews? Take advantage of this free opportunity for on-camera
media training at the League’s Annual Conference on October 5-8, in San
Francisco. For more, see Page 4.Visit the League’s Official Website--www.cacities.org
PAGE 2/PRIORITY FOCUS
LEGISLATURE from page 1
These few weeks are usually the most intense
of the entire year, with legislators and lobbyists
scrambling to accomplish as much as possible
before the recess begins. This is often the time
when bills can change dramatically, when amend-
ments can transform a relatively benign bill into
one that carries significant impacts. This is also
the time when one hears the term “gut and
amend” – the process by which the substance of
a bill is deleted and new content added, dramati-
cally altering the scope and impact of the mea-
sure.
It’s a time for vigilance, and often a time when
a quick response is needed to “surprise” amend-
ments. League staff will be monitoring bills on a
daily basis, and will keep members informed of
changes that could affect cities. We ask that you
be prepared to respond quickly in response to
League alerts – calling your legislators to explain
how a measure could affect your city. As always,
we will try to supply you both with background
information and specific talking points.
Here is an update on some key issues of
concern to cities:
Eminent Domain. Likely to be a major topic
(see “Senate Hearing to Consider Eminent Do-
main”).
Transportation Funding. The League will be
working with the California State Association of
Counties (CSAC) and other transportation stake-
holders to ensure that approximately $5 billion of
California’s share of the increased federal Safe,
Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA LU)
transportation revenues recently signed into law
by President Bush is put into local transportation
projects quickly. There is likely to be an imple-
mentation measure in the Legislature; we will
provide additional information soon, and ask that
cities work to support its quick passage.
VLF Funding for New Cities or Annex-
ations. There may be some movement on this
front. We will keep you apprised of any develop-
ments.
Housing/Land Use Reform. The League’s
Housing/General Plan Task Force has been
meeting over the past year with representatives
from the builders to discuss changes to the
planning and approval process for new housing,
and ways to generate additional funding for local
governments to pay for the services and infra-
structure needs of new residents. The League’s
task force has generated a number of ideas, but
much more work is needed to analyze these and
other alternatives. At the same time, Senate Pro
Tempore Perata has two measures on regional
growth plans (SB 832) and CEQA reform as it
relates to infill development (SB 1024). League
staff and other stakeholders have recently partici-
pated in meetings with the senator’s staff on these
measures to discuss various alternative ap-
proaches. There may be some movement on
these measures over the next few weeks.
Telecommunications Reform. This is a hot
topic, and there’s strong pressure from segments
of the telecommunications industry for reform
measures to move. There are several bills in this
area, but we expect that – as we reported several
weeks ago – they are likely to be the subject of
interim hearings during the legislative recess by
the Assembly Utilities and Commerce Committee,
chaired by Assemblyman Lloyd Levine (Van Nuys).
Pension reform. Discussions on this issue
are likely to be postponed until the fall, or until
early next year.
Again, we will keep you informed about any
movement on these or other measures that could
affect cities. We ask that you be prepared to
respond quickly to League alerts, with phone calls
to your legislators to make sure they know how
various measures could impact your ability to
deliver services in your city.
For more information on this and
other League issues, visit
www.cacities.org.PRIORITY FOCUS/PAGE 3 Visit the League’s Official Website--www.cacities.org
EMINENT DOMAIN HEARING from page 1
The committee plans to hear testimony from
five attorneys: one from the Attorney General’s
office to explain what the Supreme Court ruling
contained; two representing property rights inter-
ests; and two representing public agencies. Bill
Higgins from the League’s research arm, the
Institute for Local Government, will be one of the
public agency attorneys.
The committee staff has prepared background
materials suggesting that the committee
members consider the testimony presented in light
of specific questions relating to the frequency and
manner in which eminent domain is used in Cali-
fornia and whether statutory changes are needed
to further restrict its use.
Senate Likely to Introduce Legislation. The
League has learned that Senator Kehoe is likely to
introduce two bills dealing with eminent domain:
• A two-year moratorium on the use of emi-
nent domain to take owner-occupied
residential property for private use. During
the period of the moratorium, the California
Research Bureau would be asked to ana-
lyze the use ofeminent domain in California,
starting in 1996. This measure would be an
urgency statute, allowing it to take effect
immediately upon its passing and being
signed into law by the governor.
• A constitutional amendment to restrict the
use of eminent domain when it involves
taking private property and making it avail-
able for future private uses. (The
Governor’s signature is not required.)
McClintock, LaMalfa Likely to Attempt to
Move SCA 15, ACA 22. Sen. Tom McClintock and
Assemblymember Doug LaMalfa are expected to
push for action early next week on their identical
constitutional amendments, which would ban the
use of eminent domain to take any kind of private
property from one party and transferring it to
another private party - even property damaged by
natural disasters, environmentally hazardous
properties, blighted properties taken to construct
affordable housing, etc.
However, the introduction of two measures by
Sen. Kehoe (with other members likely to sign
on) means that the McClintock and LaMalfa
measures will have competition and could
become two-year bills, with action delayed until
the start of 2006.
[Note: A staff person working for Assembly-
woman Nicole Parra has informed the League
that, after hearing from some of her local officials,
Assemblywoman Parra has decided to remove
her name from SCA 15 and ACA 22. The League
thanks the assemblywoman for re-thinking her
position on this issue, and we urge the city
officials in her district to do the same.]
California is Not Connecticut - But Addi-
tional Research Needed. At its meeting in late
July, the League board reaffirmed the League’s
opposition to further restrictions on the use of
eminent domain, because requirements in
California law that a redevelopment agency must
make a finding of blight before initiating a taking
already provide strong protections for property
owners that go far beyond those in Connecticut.
We do believe that additional research is needed
to help document the responsible use of eminent
domain in California and we encourage such
studies.
What You Can Do. It is not necessary for
city officials to make the trip to the State Capitol
to attend this hearing. The committee has
scheduled a two-hour hearing, and invited wit-
nesses who can speak directly to the legal
issues involved in Kelo, and how they apply to the
use of eminent domain in California.
What city officials can and most decidedly
should do is to tell their legislators about the role
that eminent domain has played in restoring
blighted areas in your city. Describe the condition
of the property before redevelopment. Be spe-
cific with the number of code violations, health
and safety violations, crime statistics, pollution
levels, etc.
Continued on Page 5Visit the League’s Official Website--www.cacities.org
PAGE 4/PRIORITY FOCUS
MEDIA TRAINING from page 1
Your 45-minute training session will include a
short, on-camera interview, where instructors
will ask you questions about an issue 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 deliv-
ering your city’s important messages in newspa-
per, radio and on-camera interviews.
Space is Limited! Register Today! The
League expects a very high demand for these
one-on-one sessions, which are limited to just
six sessions per day on Thursday and Friday,
October 6 and 7, and three sessions on
Saturday, October 8. The training will be held
in the League Media Room at the San Francisco
Moscone West Convention Center, which is
convenient to all conference sessions.
To take advantage of this outstanding oppor-
tunity, which can regularly cost thousands of
dollars, call League staff member Adrienne
Schmeling at (916) 658-8278 to reserve a
training session; or fax all portions of the
attached form to (916) 658-8240.
REGISTER TODAY FOR ON-CAMERA
MEDIA TRAINING AT THE LEAGUE’S
ANNUAL CONFERENCE
Reservations will be accepted on a paid
first-come, first-served basis. Please note that
this year, in an attempt to address the problem
of “no-shows”, there is a $25 charge, refund-
able as a $25 CityBooks coupon for those
who attend the training. No refunds or
coupons will be issued for “no shows.”
On-Camera Interview Training Session Times
Thursday, October 6 and Friday, October 7
9 a.m. – 9:45 a.m.
10 a.m. –10:45 a.m.
11 a.m. – 11:45 a.m.
1 p.m. – 1:45 p.m.
2 p.m. – 2:45 p.m.
3 p.m. – 3:45 p.m.
Saturday, October 8
9 a.m. – 9:45 a.m.
10 a.m. –10:45 a.m.
11 a.m. – 11:45 a.m.
*If you get voicemail when making a
reservation please:
1. Leave a message with your two
preferred time slots.
2. Tell in some detail about an important
issue facing your city so that we can
prepare interview questions that are
tailored to your community.
3. Leave your complete contact info
including cell phone.
For the 16th consecutive year, volunteers
from the California Association of Public Informa-
tion Officials (CAPIO) will help staff the League’s
media room throughout the event. In addition to
the popular on-camera interview training for
conference attendees, volunteers will coordinate
on-site media relations, produce two daily news-
letters and issue “hometown” news releases to
update local media outlets throughout the state
about their respective representative’s participa-
tion in the conference.
CAPIO VOLUNTEERS HELP
STAFF MEDIA ROOMVisit the League’s Official Website--www.cacities.org PRIORITY FOCUS/PAGE 5
Also, explain that eminent domain was used
as a necessary last resort – as required by Cali-
fornia law. Prepare a list of all the steps you took
to work with the property owner and describe how
you tried to get them to fix the problems before
eminent domain. Describe how the area is better
today because of redevelopment.
Help your legislators understand that California
is not Connecticut; that both homeowners and
other property owners enjoy strong protections
against takings by redevelopment agencies.
Explain how redevelopment efforts in your com-
munity – efforts that are strongly supported by
citizens who are calling on their elected officials to
clean up blighted areas – could be undermined by
further restrictions on eminent domain as a rarely
used, but necessary tool in restoring communi-
ties.
2005 LEAGUE ANNUAL
CONFERENCE: OCTOBER 6-8,
MOSCONE CONVENTION
CENTER, SAN FRANCISCO
PLAN NOW TO ATTEND THE EAGUE’S
2005 ANNUAL CONFERENCE THIS
FALL - THE FIRST TIME IT HAS BEEN
IN SAN FRANCISCO SINCE 1997.
Participate in this important gathering
of several thousand California city officials
as they set policies, expand their knowl-
edge and sharpen their skills to better
serve their cities.
Make you reservations through our
online system at www.cacities.org/ac.
HEARING from page 3