Legislation Details

File #: HIST-5073    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 5/14/2007 Final action: 5/14/2007
Title: Issues # 14, #15, #16, and #17.
Attachments: 1. Issues # 14, #15, #16, and #17. - 07-05-14_Priority Focus #14_April 13 2007.pdf, 2. Issues # 14, #15, #16, and #17. - 07-05-14_Priority Focus #15_April 20 2007.pdf, 3. Issues # 14, #15, #16, and #17. - 07-05-14_Priority Focus #16_April 27 2007.pdf, 4. Issues # 14, #15, #16, and #17. - 07-05-14_Priority Focus #17_May 4 2007.pdf
WANT MORE DETAILS ON BILLS? Visit the League of California Cities Web site at www.cacities.org/ billsearch. CalPERS Announces Retirement Planning Fairs for 2007 Apply Today for the Governor’s Environmental and Economic Leadership Awards Support SCR 31 - ‘Healthy Communities Awareness Month’ Communities for Healthy Kids Program Receives $1.7 Million Grant Legislative Bill Summaries ???????????????????????? ?????????????? ???????????????????????? ?????????????? April 13, 2007 Issue #14-2007 Page 2 AB 1254, a bill authored by Assemblywoman Anna Caballero (D-Salinas) passed out of the Assembly Local Government Committee by a 5-2 vote this week. If signed into law, AB 1254 would reward local governments that approve affordable housing developments operated by nonprofit housing providers. For more, see Page 4. AB 1254 PASSES OUT OF ASSEMBLY LOCAL GOVERNMENT COMMITTEE Last month, randomly selected mayors, council members and city manag- ers received a request from the League to participate in a survey to evaluate the League’s Grassroots Network. If you were selected for the survey and have not responded, please do so now by taking the survey online or complet- ing and returning the printed questionnaire you received in the mail. For more, see Page 3. APRIL 19 DEADLINE LOOMS FOR LEAGUE GRASSROOTS NETWORK SURVEY The League of California Cities is in strong support of AB 1654 (Huffman), a bill that would allow California’s general law cities the option of conducting all- mail ballots. The League encourages cities to review and support the measure. For more, see Page 4. LEAGUE ENCOURAGES SUPPORT OF ALL-MAIL BALLOT BILL (AB 1654) Page 5 Page 3Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS April 13, 2007 - Issue #14 The California Public Employees Retirement System (CalPERS) has announced its 2007 retirement planning fair schedule. The fairs will be held in a variety of locations statewide during the next three months. These retirement planning fairs, operating under the theme “It’s Never too Early … It’s Never too Late,” will provide employees with a chance to get acquainted with representatives from their local regional offices, as well as a chance to learn about a variety of CalPERS programs. The fairs are free, “drop-in” events. For more information, including the schedule of fairs, visit the CalPERS Web site at www.calpers.ca.gov or call the Employer Contact Center at (888) CalPERS. CALPERS ANNOUNCES RETIREMENT PLANNING FAIRS FOR 2007 Applications for the Governor’s Environmental and Economic Leadership (GEEL) awards are now available! This award program is California’s highest environmental honor, and recognizes those that have demonstrated exceptional leader- ship and have made notable, voluntary contribu- tions to conserving California’s natural resources, protecting the environment and building public- private partnerships. Since 1993, the Governor has recognized numerous individuals, organizations, businesses, trade associations and communities with GEEL awards. This year, a new award category has been established – climate change – expanding the breadth of recognition possibilities. To apply for the 2007 awards, visit www.calepa.ca.gov/awards/geela for an applica- tion. Applications are due by May 25. ? ? ????????????????????? APPLY TODAY FOR THE GOVERNOR’S ENVIRONMENTAL AND ECONOMIC LEADERSHIP AWARDS The League of California Cities and the Cities, Counties, Schools (CCS) Partnership is sponsoring SCR 31, a resolution that recognizes the impor- tance of health and wellness in communities and declares May as “Healthy Communities Awareness Month.” While the measure still must go through the legislative process to be signed into law, the League encourages cities, in conjunction with this resolution, to think about how your city will cel- ebrate this month, and to adopt your own resolu- tions declaring May as “Healthy Communities Awareness Month.” A sample resolution is located at www.cacities.org/healthyresolution. Co-authored by Sen. Alex Padilla (D-Pacoima) and Assemblywoman Anna Caballero (D-Salinas), SCR 31 is part of a number of activities the League is working on in the health and wellness arena. Last year, during the League’s Annual Conference, the general assembly of the League adopted a resolution to focus on health and wellness. The action items included developing a clearinghouse of information that cities can use to promote wellness policies and healthier cities. In an effort to collect this information, the League has developed a survey that asks about what your city is doing in this area. To view and fill out this survey, visit www.cacities.org/healthysurvey. Obesity is an issue that crosses local jurisdic- tions and is the kind of issue that requires a col- laborative, multi-faceted approach. Last year, the CCS Partnership developed “Healthy Children, Healthy Communities: An Action Guide for Califor- nia Communities,” which sets forth principles and strategies for how to best address childhood obesity in California. For a copy of this report, visit www.ccspartnership.org/pdf/ CommunityActionGuide.pdf, or call (916) 323-6011. If you do celebrate May as “Healthy Communi- ties Awareness Month,” please e-mail League Legislative Analyst Genevieve Morelos at gmorelos@cacities.org. Too often, the good work that cities do is forgotten. Take this opportunity to celebrate and share with others the work you are doing. SUPPORT SCR 31 - ‘HEALTHY COMMUNITIES AWARENESS MONTH’PRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org April 13, 2007 - Issue #14 The Blue Cross of California Foundation has awarded the Institute for Local Government (ILG) – the nonprofit research arm of the League of California Cities and California State Association of Counties – a $1.7 million grant for Communities for Healthy Kids, a new program designed to help increase the number of children enrolled in no- and low-cost health insurance. The three-year grant will enable cities and counties in California to work collaboratively with local health insurance companies and other state and local partners to identify and enroll kids who are eligible for health insurance through the Healthy Families Program or Medi-Cal. A cer- emony to celebrate the grant award was held recently at the League’s board of directors meet- ing in Oakland. “We are thrilled to have received the grant,” said Harriet Miller, ILG president. “Communities for Healthy Kids will take advantage of the connec- tions California local agency officials have as trusted sources of information and to reach out to those families whose children are potentially eligible for no- and low-cost health insurance.” Communities for Healthy Kids is a joint effort between the ILG, the League, the California T each- ers Association, the California Association of Health Plans, the City-County-Schools Partner- ship, and Teachers for Healthy Kids. Cities and counties have regular contact with many, if not all of these children and their parents. Examples include local parks and recreation, library, low-income housing and anti-gang pro- grams. “Some local agencies may wish to reach out and partner with their local business community, the schools, or faith-based communities in order to identify and enroll eligible children,” explained Yvonne Hunter, Communities for Healthy Kids program director. “A key partner in the success of COMMUNITIES FOR HEALTHY KIDS PROGRAM RECEIVES $1.7 MILLION GRANT this program will be the health insurance compa- nies that offer insurance in participating communi- ties.” For more information on Communities for Healthy Kids, e-mail Yvonne Hunter at yhunter@ca-ilg.org. To increase survey validity, it is essential that a high percentage of the selected city officials participate. Results will be analyzed in a number of different ways including position, division and city population, so every response if important. If you have questions about this project (or if you were not selected but would like to participate) please contact one of the following individuals: • Dan Harrison, League of California Cities Phone: (916) 658-8267 E-mail: dharrison@cacities.org • Chrystine Zacherau, APCO Insight Phone: (202) 778-1000 E-mail: czacherau@apcoinsight.com ??????????? ???????????? GRN SURVEY from page 1 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 COMMITTEE – OR ASK LEAGUE LEG STAFFVisit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS April 13, 2007 - Issue #14 AB 1254 from page 1 ????????????????????????????????????????? ??????? A common complaint among local officials is that the revenue derived from housing often fails to match local service costs. One area where this situation is particularly acute is when local governments approve affordable units operated by nonprofits. These units typically pay no property taxes, because the state grants a “welfare exemption” for these units pursuant to subdivision (f) or (g) of Section 214 Revenue and T axation Code. Sponsored by the League of California Cities, AB 1254 provides a solution. The bill would reward “good actor” communities by offsetting what they lose on property tax on any new affordable units approved after January 1, 2008. While the property tax exemption provided to nonprofit operators of affordable housing develop- ments promotes affordable housing policy by assist- ing in maintaining units at affordable rents, local governments are left with no property tax revenue to provide police, fire, park, recreation, library and other services to residents of these units. For local governments, this loss of revenue can operate as a disincentive to approve affordable units. But even when these units are approved, it can produce undesirable effects: agencies are faced with reducing community services, transferring revenues from other public priorities, or chasing retail tax dollars. AB 1254 reduces the required local transfers of property tax for (ERAF) education purposes by an identical amount. This would allow these communi- ties to retain more property tax at the local level to provide services to the residents of affordable housing. This measure is patterned after SB 1509 (Dunn) of 2001, which received significant bipartisan sup- port, but was vetoed by Gov. Gray Davis. A sunset date is also included in AB 1254 so that the State Legislature may properly evaluate the effectiveness of this law in rewarding communities approving affordable units. While AB 1254 has taken one step forward by passing through the Assembly Local Government Committee, the real work to have it appear on Gov. Schwarzenegger’s desk is just beginning. Cities are encouraged to send letters supporting this bill. T o look up more information on the measure and access a sample letter, visit www.cacities.org/ billsearch. AB 1654 from page 1 ????????????? ??????????? Voting by mail has increased steadily in Califor- nia for more than 40 years. Providing a proper addition to the institutionalized “Ballot Casting at the Polls” for general law cities is a way to increase voter turnout and to cut costs of elections for cities and counties. This is one of the major reasons that local government entities such as the League, the California State Association of Counties (CSAC), the California Association of County Election Officers (CACEO) and the City Clerks Association of California (CCAC) all support AB 1654. The League has met with labor, community based organizations, civil rights groups and mem- bers on both sides of the aisle to gather input and continue to educate on how cities are losing money on the current ballot system. The larger the voting pool, the more diverse the opinion. Does it really matter if a vote comes from the voting booth or via mail? States such as Oregon have benefited from all- mail ballots. Oregon’s voter turnout in 2002 was the fifth-highest in the nation and by 2004 they were the fourth-highest – a savings of 30 percent in election related costs. AB 1654 is good public policy that is in need of local government support. Letters of support for AB 1654 can be sent to Assemblyman Huffman at: The Honorable Jared Huffman State Capitol Building, Room 4139 Sacramento, CA 95814 RE: Support AB 1654 (Huffman) Please remember to copy League Legislative Representative P. Anthony Thomas and your local assembly member on the letter. Thomas can be reached at athomas@cacities.org.PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org April 13, 2007 - Issue #14 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. AB 1496 (Swanson) Local Government: Cities and Counties: Civil Service. AB 1496 would mandate restrictive changes to all city and county civil service and merit systems by March 1, 2008. Specifically it would require inclusion of all employees within the civil service or merit system except: 1) Apprentices or technical experts employed temporarily for a specific project, or 2) Substitute or short term employees paid for less than 50 percent of work days in a fiscal year, where the employment is not needed on a con- tinuing basis. Substitute employees would be restricted to a person(s) collectively employed no longer than 60 days. In addition to significant staffing restrictions imposed on local agencies, this bill would be very costly when it forces replacement of temporary personnel with permanent personnel on regular or overtime payment. It would impact city’s summer program staff, reserve police officers, snow removal personnel, lifeguards hired annually, and peak work-load staff hired by planning and building departments, just to name a few. This bill is being heard on April 18th. Please send in letters of opposition and let your legislators know how this would impact your city. Staff: Anthony Thomas; Status: Assembly Public Employees, Retirement and Social Security; Position: Oppose. Stay Up-to-Date on Bills That May Impact Your City www.cacities.org/billsearch Become a regular user of the League’s online Legislative Tracking System. The League’s website is your gateway to all the information you need: bills sorted by subject areas, showing the bill history, current status, committee analyses, votes, and much more. You can even view League letters of support or opposition, and access the League lobbyist working on the bill. WANT TO SEND A LETTER IN SUPPORT OF A LEAGUE POSITION? HERE’S WHO TO CALL: ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY (6)—Hernandez (Chair), Jeffries (Vice Chair), Anderson, Mullin, Soto, and Torrico. Chief Consultant: Karon Green. Phone: (916) 319-3957; Location: 1020 N St., Rm. 153. April 20, 2007 Issue #15-2007 IN THIS ISSUE: Page 4: League’s City Attorneys’ Department to Meet in Monterey Institute for Local Government Releases New Housing Publication Page 5: Find a Bill, Legislator, Leg Committee, or Ask League Leg Staff Legislative Bill Summaries SENATE SCHEDULED TO HEAR TWO LEAGUE-SPONSORED BILLS NEXT WEEK Measures Concern Public Safety and Local Transportation Priorities Two League-sponsored bills are scheduled to be heard in the Senate next week. SB 266 (Steinberg. D-Sacramento) would allow vehicles to be seized from people engaged in illegal motor vehicle speed contests. SB 286 (Lowenthal, D-Long Beach and Dutton, R-Inland Empire) outlines the allocation schedule for the $2 billion in bond funds for cities and counties for local transportation priorities. For more, see Page 2. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• LEAGUE OPPOSES SB 964 (ROMERO) Bill Would Impede City Officials’ Communication with City Councils The League of California Cities is opposing SB 964, a bill authored by Sen. Gloria Romero (D-Los Angeles). A broad-sweeping measure, if signed into law, SB 964 would significantly limit the ability of city officials to communicate with city councils outside an open and public meeting. For more, see Page 3. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• AB 2987 UPDATE: WHERE THINGS STAND ON THE TELECOM FRONT In 2006, the California Legislature enacted a completely new franchising law for companies intending to provide video services to the state’s residents – AB 2987, the Digital Infrastructure and Video Competition Act of 2006. For cities, a number of questions exist on the law’s implementation, what the law does and who has authority on franchising issues. The following summary provides some clarification. For more, see Page 2. 2 League-Sponsored Bills, Continued from Page 1… Tragedies resulting from illegal street racing have become far too common in California. To address this growing public safety issue, many local governments have enacted street racing ordinances. Co-sponsored by the League and the city of Elk Grove, SB 266 is another tool to help combat street racing. If signed into law, SB 266 would allow the vehicles of those who take part in these races to be confiscated. The measure also would allow for the release of a vehicle used in a street race to an innocent registered owner or community property interest owner. This measure strikes a balance between the need for cities to have the option of keeping nuisance vehicles used in speed contests off the streets, while allowing other owners of the vehicle not involved in illegal activity continued use of the vehicle. SB 266 will be heard in the Senate Public Safety Committee on Tuesday, April 24. The League urges cities to review this legislation and contact your legislators in support of it. Transportation Bond Implementation SB 286 is a bill that defines an allocation schedule for the $2 billion included in Proposition 1B as a direct allocation to cities and counties. Specifically, SB 286 guarantees that every city will receive at least half of their Prop. 1B funds to spend in the next two fiscal years - the 2007-08 Prop. 42 “gap” year and 2008-09. Funding in these two years is extremely important, because without significant funding in the 2007-08 Prop 42 “gap” year, cities and counties will not receive any funds for local streets and roads. SB 286 allocates any remaining money (funds not spent in 2007-08 and 2008-09) to cities no later than Jan. 1, 2010 for fiscal years 2009-10 and 2010-11. In addition, SB 286 provides that a city may receive up to the entire amount of its share of Prop. 1B funds in the next two fiscal years if the ability to spend the funds is demonstrated. Every city would also be guaranteed at least $400,000 in the first two years of the program. This measure will be heard in the Senate Transportation and Housing Committee on Tuesday, April 24. The League believes endorsement of SB 286 is paramount and encourages cities to review the bill and give it their support. _____________________________________________________________________________ AB 2987 Update, Continued from Page 1… What AB 2987 Does AB 2987 pre-empts local franchises and establishes the California Public Utilities Commission (CPUC) as the sole franchising authority in California for video service providers. We expect this state paradigm to stay in place and set the policy for years to come. The Public Right-of-Way Local government still controls the public right-of-way. The current law, applicable to telephone companies performing construction in the public right-of-way, is the same standard adopted in AB 2987. The provisions of AB 2987 require the local entity to allow the holder of a state franchise to install, construct, and maintain a network within the public rights-of-way under the same time, place, and manner provisions as those governing telephone corporations under applicable state and federal law. 3 Encroachment Permits AB 2987 requires a local entity to either approve or deny an application from a holder of a state franchise for an encroachment permit within 60 days of receiving a completed application. An application for an encroachment permit is complete when the applicant has complied with all statutory requirements, including the California Environmental Quality Act (CEQA). If the local entity denies an application for an encroachment permit it shall furnish to the applicant a detailed explanation of the reason for the denial. Customer Service Enforcement of customer service standards is still under the authority of local governments. However, the authority in AB 2987 is weak in comparison with the authority local governments had under local franchise agreements. The local entity shall enforce all of the customer service and protection standards with respect to complaints received from residents within the local entity’s jurisdiction, but it may not adopt or seek to enforce any additional or different customer service or other performance standards. Franchise Fees Franchise fees are set at five percent of gross revenues and will go directly to cities as they did before. League Efforts The League has heard from many local entities about the telecom survey the industry put out with cooperation from the League. Telephone companies continue to request that cities fill out the survey. While it is encouraged that you fill out the survey and the League believes it will help with implementation, it remains completely voluntary on the part of the local municipality. If there are agreements that other cities have that they would like to share, or you have further questions on this issue, contact League Legislative Representative P. Anthony Thomas at athomas@cacities.org. Helpful Links: • CPUC Rulemaking on AB 2987 – www.cpuc.ca.gov (search under “documents,” then “final decisions”) • League Summary on AB 2987 – www.cacities.org/telecom _____________________________________________________________________________ SB 964, Continued from Page 1… This bill presents a myriad of problems for local government. Specifically, the bill is broadly worded to prohibit agency staff communications with a majority of the governing body that “advances or clarifies a member’s understanding of an issue.” The League views the sweep of this bill as prohibiting the following common agency communications: • Summary reports of the upcoming week’s events and other items of interest from the agency’s executive to the legislative body (which are typically public records) • Memorandum from agency staff to the legislative staff unless the communication is part of an agenda packet and relates to an item on an agenda 4 • Attorney-client privileged legal communications from the agency’s legal counsel • Informational briefings between agency staff and individual legislative body members (recently found to be lawful under Wolfe v. City of Fremont) • Any materials in support of a closed session that would not otherwise be included in the agenda packet. Therefore, all closed session materials would have to be presented to the legislative body in closed session, or included in the agenda packet that is a public record • Draft reports prepared by agency employees or consultants The League will continue to oppose legislation that claims to enhance open and public meetings that in practice, unnecessarily complicates the ability of a local governing body to properly communicate and function on behalf of their citizens. SB 964 will be heard in the Senate Local Government Committee on Wednesday, April 25. _____________________________________________________________________________ League City Attorneys’ Department to Meet in Monterey Spring Conference Scheduled for May 2-4 The League of California Cities’ City Attorneys’ Department will hold its annual Spring Conference on May 2-4 in Monterey. This year’s program features a wide-range of topics, including sessions on Utility User Taxes (UUTs), mobile home park conversions, AB 2987 implementation, and much more! Additional areas of discussion at the conference will include Proposition 218, bond disclosure issues, architect and engineer design liability, the Public Records Act, substance abuse recovery facilities, housing element certification and stormwater control law. The Spring Conference is the premier education event providing California city attorneys with information tailored to their specific and immediate needs. Online registration is now closed for this event, but on-site registration will be available. The cost for city attorneys, deputy city attorneys and assistant city attorneys is $500. For more information, additional price structures, and a listing of sessions, visit www.cacities.org/events to download the conference announcement. _____________________________________________________________________________ Institute for Local Government Releases New Housing Publication The Institute for Local Government (ILG), the nonprofit research arm of the League of California Cities and California State Association of Counties, has published The Name Game: Housing-Related Acronyms and Terms. The publication is designed to assist local officials by defining key terms associated with housing policy options and issues. Copies of The Name Game: Housing-Related Acronyms and Terms have been mailed to city and county planning directors. In addition, the publication is available online without charge at www.ca-ilg.org/housingacronyms. Additional hardcopy versions of the publication may be ordered from ILG for $5 for a set of five or at discounted bulk rates. Visit www.ca-ilg.org/ilgpubs for more details. ILG would like to express its gratitude McDonough Holland & Allen PC for its generous financial support for the project. _____________________________________________________________________________ 5 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. _____________________________________________________________________________ Legislative Bill Summaries PUBLIC SAFETY AB 57 (Soto). Highways. Safe Routes to School Construction Program. AB 57 eliminates the sunset date for the “Safe Routes to School” construction program within the California Department of Transportation (Caltrans), thereby making the program permanent. The League encourages cities to promote healthy lifestyles and supports measures that provide opportunities for local jurisdictions to construct safe bicycle and pedestrian access projects. AB 57 would provide continued grants for local governments to build transportation projects to encourage children to travel to and from school on foot or by bicycle. The construction of bicycle and pedestrian safety and traffic calming projects such as sidewalks, trails, bike lanes, and intersection improvements are integral components for safe travel for children walking to and from school. Staff: Liisa Lawson Stark; Status: AsmAppr; Position: Support. AB 325 (Nava). Peace Officers. Recruitment. AB 325 would create a Peace Officer Recruitment and Retention Commission for the purpose of developing recommendations for the Governor and the Legislature on what measures the state can take to address the shortage of peace officers in California. In addition, the Commission will develop and implement a pilot project in Napa, Ventura, and Los Angeles Counties aimed towards advertising the benefits of a career in law enforcement. Currently, there are approximately 10,000 vacant peace officer positions in California, which is a major public safety issue. With California’s increasing population, coupled with law enforcement shortages, communities will likely face an increase in crime, leaving law enforcement unable to adequately respond. The League of California Cities supports any measure which seeks to rectify a shortage of peace officers in California. Staff: Liisa Lawson Stark; Status: AsmAppr; Position: Support. TRANSPORTATION, COMMUNICATION & PUBLIC WORKS AB 642 (Wolk) Design-Build. Counties, Cities, and Special Districts. AB 642 would allow cities, upon approval of the city council, to utilize design-build contracting until Jan. 1, 2018. Currently, this method of contracting is available only to some cities in California. The League supports allowing cities options to use design-build contracting in order to bring efficiency to public contracting. Design-build contracting has shown it is effective in reducing project cost and expediting project completion. This bill would allow cities to use design-build if a local agency desired, allowing cities the option of a more efficient process. Staff: Liisa Lawson Stark; Status: AsmLGov, Hearing April 25; Position: Support. 6 SB 445 (Torlakson). Road User Task Force. SB 445 establishes a Road Users Task Force to analyze how increased use of alternative fuels and increased vehicle fuel efficiency will affect revenues for the construction, maintenance, and operation of highways, local streets, roads and transit systems. Current funding mechanisms for California’s transportation systems fall far short of needs, both short and long-term. When needs outweigh available resources, it is imperative that state and local governments, as well as other transportation stakeholders, work cooperatively to identify alternative ways to fund those needs to ensure a long-term seamless transportation system for our state. SB 445 will provide an opportunity to transportation stakeholders, as well as the public, together with the goal of providing specific recommendation to fund California’s transportation needs in to the future, which is essential for continued economic prosperity. Staff: Liisa Lawson Stark; Status: SenAppr; Position: Support. SB 717 (Perata). Transportation Investment Fund. SB 717 continuously authorizes sales tax revenue derived from the sale of motor vehicle fuels to be transferred to the Transportation Investment Fund (TIF) beginning in fiscal year 2008-09. SB 717 would also maintain the current distribution formula of the tax revenues at 20 percent to the Public Transit Account (PTA), 40 percent to the State Transportation Improvement Program (STIP), and 40 percent to cities and counties (20 percent to cities and 20 percent to counties) for street and road purposes. The League supports continuous funding for local transportation needs. SB 717 ensures an equitable and continuous distribution of TIF funds to state, local, and transit systems. A permanent shift of sales tax on gasoline for transportation purposes and the agreed upon formula under Proposition 42 will ensure that cities and counties can preserve, maintain, and rehabilitate the local street and road system. Staff: Liisa Lawson Stark; Status: SenRev&Tax, Hearing April 25; Position: Support. Want to Send a Letter in Support of a League Position? Here’s Who to Call: Assembly Appropriations (18)—Leno (Chair), Walters (Vice Chair), Caballero, Davis, DeSaulnier, Emmerson, Huffman, Karnette, Krekorian, La Malfa, Levine, Lieu, Ma, Nakanishi, Nava, Runner, Solorio, and 1 Democratic vacancy. Chief Consultant: Geoff Long. Principal Consultants: Mary Adér, Steve Archibald, Chuck Nicol, Kimberly Rodriguez, Julie Salley–Gray, Brad Williams. Secretary: Laura Lynn Gondek. Phone: (916) 319–2081. Room: 2114. Assembly Local Government (7)—Caballero (Chair), Houston (Vice Chair), De La Torre, Lieber, Saldaña, Smyth, and Soto. Secretary: Dixie Petty. Phone: (916) 319–3958. 1020 N Street, Room: 157. Senate Appropriations (17)—Torlakson (Chair), Cox (Vice Chair), Aanestad, Ashburn, Battin, Calderon, Cedillo, Corbett, Correa, Dutton, Florez, Kuehl, Oropeza, Ridley–Thomas, Runner, Yee and vacancy. Phone: (916) 651–4101. Room: 2206. Senate Revenue and Taxation (8)—Oropeza (Chair), Cogdill (Vice Chair), Alquist, Corbett, Harman, Machado, Runner and Scott. Staff Director: Gayle Miller. Consultant: Colin Grinnell. Assistant: Marisa Lanchester. Phone: (916) 651–4119. Room: 408. WANT MORE DETAILS ON BILLS? Visit the League of California Cities Web site at www.cacities.org/ billsearch. League’s Legal Advocacy Committee Publishes Quarterly Report ‘Small Cities Can Be Cool’ Virtual Seminar a Success Sign-up Now for Flex Your Power’s Flex Alerts! SB 375: Another Vision for How California Should Grow SB 1020 and SB 1016: Bills Would Impact Solid Waste Diversion in California Republican Legislators Ask Governor to Adopt ‘Good Neighbor’ Policy on Group Homesenate Residential Group Homes Legislation: Bills Continue to Move Through Legislature ???????????????????????? ?????????????? ??????????????????????? ??????????????? April 27, 2007 Issue #16-2007 Page 2 INFRASTRUCTURE IMPLEMENTATION BILLS UPDATE SB 303 (DUCHENY) SIGNIFICANTLY AMENDED, LEAGUE CONTINUES ITS OPPOSITION A plan to address the issue of overcrowding in California’s prison system passed both the State Assembly and Senate on Thursday, April 26. The $7.4 billion plan, outlined in AB 900 (Solorio), is headed to Gov. Arnold Schwarzenegger’s desk. For more, see Page 7. PLAN TO ADDRESS PRISON OVERCROWDING HEADS TO GOVERNOR’S DESK Page 3 Page 4 Page 5 With the California Legislature back from its spring recess, a number of bills that address the infrastructure bond measures passed in 2006 are starting to evolve. The League is keeping a close eye on 48 bills that are moving through both the State Senate and Assembly, all with various imple- mentation impacts on Propositions 1B, 1C, and 84. For more, see Page 8. SB 303 (Ducheny), a bill with major land use implications for local govern- ment, including a requirement for local agencies to establish a 10-year land supply, was significantly amended prior to passing unanimously by the Senate Environmental Quality Committee on Thursday, April 26. For more, see Page 6.Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS April 27, 2007 - Issue #16 The League of California Cities’ Legal Advo- cacy Committee published its quarterly report last week. The summary provides details on 31 cases the committee reviewed from January 1 through April 18. It also includes developments concern- ing the California Voting Rights Act and communi- cation system fees. Of particular note in the report were develop- ments in Bay Area Cellular Telephone v. City of Union City and Sanchez v. City of Modesto. Bay Area Cellular Telephone involves the legality of Union City’s 9-1-1 fee ordinance. The trial court concluded the fee was a special tax that could only be imposed by voters. The matter is still pending, as Union City has appealed. The League will file an amicus brief in support of the city. In Sanchez, Latino voters sued the city under the California Voting Rights Act (CVRA) alleging they were precluded from electing any candidates in the city’s at-large city council elections due to racially polarized voting. After the trial, the court granted the city’s motion for judgment on the pleadings, the appellate court reversed, holding the CVRA constitutional. The holding called into question a city’s ability to hold at-large elections and the Supreme Court declined to Modesto’s petition for review. Copies of all the League’s amicus filings in the report are available online at www.cacities.org/ recentfilings. LEAGUE’S LEGAL ADVOCACY COMMITTEE PUBLISHES QUARTERLY REPORT Summary Provides Details on 31 Cases On April 11, the League of California Cities sponsored a virtual seminar entitled “Small Cities Can Be Cool.” The seminar was a great success, featuring 55 individual listening sites, representing eight states and 42 California cities – 263 partici- pants in total. The seminar included speaker Dave Ivan of Michigan State University. Ivan was a popular presenter last year at the League’s Annual Confer- ence in San Diego. Based on a research project he conducted, Ivan identified successful themes that “cool” small communities shared. These included citizen engagement; realistic and flexible land use oppor- tunities; adaptable zoning regulations; cultural economic development; engaging and retaining youth and families; preserving a town’s heritage and natural amenities and a willingness to do it yourselves. As a result of the event’s success, the League is now looking into other virtual seminar possibili- ties. A CD-ROM that contains a Windows Media recording of the event that you can play on your computer and handout materials in .pdf format, is available at www.cacities.org/coolsmallcities. If you have a suggestion, please contact Lorraine Okabe at lokabe@cacities.org. ‘SMALL CITIES CAN BE COOL’ VIRTUAL SEMINAR A SUCCESS Flex Your Power has created a Flex Alert Network to help prevent California electrical emergencies. Flex Alerts are sent via e-mail 24 hours in advance of impending energy crunches. Each e-mail includes important tips for conserving electricity immediately. Join the Flex Alert network now and help spread the word before the lights begin to dim. To sign-up, visit www.FlexYourPower.org/now. For more energy saving tools and programs provided by Flex Your Power, visit www.FlexYourPower.org. SIGN-UP NOW FOR FLEX YOUR POWER’S FLEX ALERTS!PRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org April 27, 2007 - Issue #16 SB 375: ANOTHER VISION FOR HOW CALIFORNIA SHOULD GROW SB 303 is not the only bill concerning land use and housing policy this session. SB 375, recently amended by Sen. Darrell Steinberg, would elevate the role of the regional transportation plans of Metropolitan Planning Organizations (MPSs) as the framework for planning on a regional basis for all land use needs, including housing. Under this proposal, SB 375 would also serve as the framework for allocating transportation funding within each region. In addition, the mea- sure provides important California Environmental Quality Act (CEQA) relief. Sponsored by the League of California Con- servation Voters (a key League ally in defeating Prop. 90 last year), SB 375 would have regional transportation agencies (MPOs) develop “pre- ferred growth scenarios” as part of the next regional transportation plan. These plans would be based on a variety of standards, but would also be used to achieve certain air quality standards as set by local air quality boards. While the bill states that these plans should not affect local land use authority, SB 375 provides that the MPOs expenditure of various transporta- tion funds on projects shall be consistent with the preferred growth scenario. The measure also includes language that would relax CEQA review for projects consistent with the preferred growth scenario. Will the Bill Produce Better Results? On many levels, the idea behind this bill makes sense. Many cities have recognized the need for coordinated regional planning. Unlike the “housing first” approach included in SB 303, SB 375 introduces a more balanced framework to consider these issues regionally. Cities have long complained that silo-like state policies favoring competing goals in housing, resource protection, farmland protection, and business development without any coordination at the state or regional level give cities an impossible task in carrying out their land use responsibilities. SB 375 may provide a vehicle for considering all of these goals in the context of a regional growth scenario, developed by locally elected officials. As the legislation is analyzed and evaluated, there are a number of key questions to consider: • Is this a preferred approach to the one- size-fits-all model of SB 303 and legislation of its vintage? • Will it produce better results for cities and their residents? Will it lead to more sustainable development? • Can a regional “preferred growth scenario” be used as an adequate yardstick to fund and plan for regional and local transportation projects? • Will the CEQA relief contained in the measure be meaningful and promote more sus- tainable development? • How specifically will the “preferred growth scenario” be developed, and what are the potential impacts could it have on local land use authority? League Position/Involvement The League will not have a position on SB 375 until questions such as these are carefully an- swered. However, the League has indicated a willingness to discuss with Sen. Steinberg how SB 375 might work. There are a number of concerns, but the bill touches on a variety of matters the League is currently addressing, including housing, climate change, air quality and flooding. Visit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS April 27, 2007 - Issue #16 The League has received a number of inquiries about SB 1020 (Padilla) and SB 1016 (Wiggins). Both measures, if passed, would have significant impact on the California Integrated Waste Management Act of 1989 (commonly referred to as AB 939). If signed into law, SB 1020 would increase the AB 939 solid waste diversion mandate from 50 percent to 75 percent for all jurisdictions in California beginning on Jan. 1, 2012. SB 1016 had originally proposed a number of major changes regarding how local jurisdictions track and report their compliance with AB 939. These changes were based on a series of stakeholder meetings held in 2004 by the California Integrated Waste Management Board (CIWMB). It was clear, however, that the language did not reflect the intent of the CIWMB and the language was subsequently amended out of the bill on April 10. In its current form, SB 1016 would authorize the California Integrated Waste Management Board (CIWMB) to allow a city or county to submit their annual report every two years, if the jurisdiction has diverted more than 50 percent of its solid waste from landfill disposal through source reduction, recycling and composting activities. League Position The League currently has no position on SB 1020 or SB 1016. Existing League policy does not address increasing the statewide diversion require- ments above 50 percent. Based on League policy committee review of similar past bills, however, the League has indicated that while it does not have a position on an increased AB 939 goal, any such proposal must also include significant efforts to streamline the provisions of AB 939 to assist in compliance. In addition, existing League policy supports legislation to provide changes to AB 939 to place more emphasis on implementation of waste diversion programs and less upon strict mathematical account- ing (i.e. bean counting); and expansion of market development activities. This includes the development SB 1020 AND SB 1016: BILLS WOULD IMPACT SOLID WASTE DIVERSION IN CALIFORNIA of non-burn transformation technologies and provid- ing funding for research and development of recy- clable materials. Future Developments SB 1016 and 1020 passed the Senate Environ- mental Quality Committee on Monday, March 16 and will now go to the Senate Appropriations Committee where they will likely be heard in May. Stay tuned to Priority Focus for future updates as these bills are amended or negotiations on alterna- tives progress. ???????????? ??????????? REPUBLICAN LEGISLATORS ASK GOVERNOR TO ADOPT ‘GOOD NEIGHBOR’ POLICY ON GROUP HOMES Assemblyman Bill Emmerson (R-Redlands) and Sen. Bob Dutton (R-Inland Empire) recently circu- lated a letter to their respective colleagues in the Assembly and Senate. This letter asks them to sign a letter to Gov. Schwarzenegger requesting a meeting to discuss the adoption by the Administra- tion of a “good neighbor policy” designed to im- prove that interaction between state agencies and local communities over the siting and operation of group home facilities. The petition letters were signed by all Republi- can members of the Assembly and the Senate and delivered to the Governor. The letters discussed the different agencies that either license or refer individuals to group home facilities. They also stressed the need for an adoption of practices that would significantly improve coordination between the various agen- cies that license these facilities and the communi- ties in which they are sited. The League commends both Assemblyman Emmerson and Sen. Dutton on their dedication to addressing the group homes issue and will con- tinue to issue updates on this petition as develop- ments occur.PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org April 27, 2007 - Issue #16 RESIDENTIAL GROUP HOMES LEGISLATION: BILLS CONTINUE TO MOVE THROUGH LEGISLATURE During the last few weeks, a number of bills addressing different aspects of residential group homes have been heard in the Legislature. Al- though many of the measures received of support, only a handful passed out of their first committee – AB 724, SB 992, AB 411, SB 709 and AB 370. Below is an update of these League-supported bills, and where they currently reside in the Legis- lature: • AB 724 (Benoit) Sober Living Homes – AB 724 provides local governments the ability to distinguish between a legitimate sober living home and an illegitimate one. If signed into law, the bill would create a definition of “sober living home” in order to clarify a local government’s authority to regulate the use and occupancy of a single-family residence location in a single-family residential zone that is not a sober living home or other licensed facility. AB 724 has been referred to the Assembly Committee on Appropriations for a future hearing. • SB 992 (Wiggins) Adult Recovery Main- tenance Facilities – This measure would create a new class of alcohol and drug recovery facilities know as “Adult Recovery Maintenance Facilities” (ARMF) to be licensed by the Department of Alcohol and Drug Programs (ADP). SB 992 provides quality assurance and ac- countability for programs that already exist in the continuum of services available for people who are in the process of recovering from drug or alcohol dependency. The bill is currently in the Senate Appropria- tions Committee. • AB 411 (Emmerson) and SB 709 (Dutton) Residential Care Facilities: Overconcentration – If signed into law, these measures would authorize a city or county to submit to the Director of the Department of Social Services (DSS) additional documentation and evidence regarding the siting of a proposed facility designed for six or fewer residents. AB 411 and SB 709 would require the director to review and consider the information to deter- mine whether the adjacent uses are compatible with the proposed facility. If the director deter- mines that the proposed location is not appropri- ate, he or she may suggest to the applicant to consider alternative siting locations. AB 411 provides an opportunity for the director of DSS to have full information of the conditions that exist at a proposed location, which will pro- mote improved siting decisions. Currently, AB 411 is in the Assembly Commit- tee on Appropriations suspense file, while SB 709 is on the Senate Appropriations Committee sus- pense file. While the costs in these bills are negligible, this mechanism was used to kill similar bills last year. • AB 370 (Adams) Sex Offenders: Resi- dency Restrictions – This bill would permit a city or county to prohibit a registered sex offender released on parole from residing with any other person on parole in a residential facility serving six or fewer residents. The exception is if the other resident is related by blood, marriage or adoption. AB 370 has been re-referred to the Assembly Committee on Public Safety. For more information on these bills, contact League Legislative Analyst Genevieve Morelos at gmorelos@cacities.org. Our Mission Restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.Visit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS Arpil 27, 2007 - Issue #16 ???????????????????????? ????????????????????????? SB 303 from page 5 After the bill was closely scrutinized by the committee for more than two hours earlier in the week, and again in a special hearing, Sen. Ducheny agreed to take out a number of troublesome provi- sions in the bill. The major items that were removed from SB 303: • Removed the narrowed the definition of “health and safety” • Removed the required a four-fifths vote • Removed language requiring courts to give the California Department of Housing and Community Development (HCD) determina- tions about local housing elements greater deference Many of the League’s concerns were amended out of the bill, but several issues remain. These include: • 10-Year Update. Requires each element in the general plan to be updated as needed every 10 years. • 10-Year RHNA Number; Five (5)-Year Review. The Regional Housing Needs Assess- ment (RHNA) planning period would stay at five years. Local agencies would be given a 10-year number, however, with the idea that this will provide a longer term outlook in the planning process. • Five (5)-year zoning + Five (5)-year designation. Those who are “in the know” are wondering what cities will do with a 10-year RHNA number and a five-year planning period. Cities will have to zone for five years and designate intended areas to zone for the second five years. This is likely to cause problems with general plan consistency requirements and SB 303’s language will have to be read closely when it comes into print. • Three years to pre-zone the RHNA. Local agencies will be given two years to complete their housing element when they are given their RHNA number, and then have one year after that to complete their zoning for the five-year planning period. Therefore, the zoning would have to be complete one year after the housing element is completed. • Charter City Consistency. The requirement that zoning will have to be consistent with the general plan would apply to charter cities by January 1, 2011. • Funding and Mandates. There is no word yet on how all of this will get funded. Significant mandates are involved. Sen. Ducheny has agreed to keep working on this issue. • Health and Safety Finding. Though the super-majority vote requirement is gone, local agen- cies would be limited to the extent that they could change a zoning designation after an application if filed upon a simple majority of the legislative body making specific health and safety findings. • Required Review of Open Space Ele- ment. Environmentalists requested certainty on environmental concerns to counter the emphasis on housing and development in SB 303. Sen. Ducheny agreed to amendments that would require periodic updates of the open space element of the general plan. The language to these amendments will follow shortly. SB 303 will next go to the Senate Appropriations Committee, where some of the significant funding and cost issues are likely to be addressed. The League continues its opposition to the bill and re- quests cities to submit oppose letters to the Legisla- ture. For more information and a sample opposition letter on SB 303, visit www.cacities.org/billsearch and look up the measure. Further updates on this legisla- tion will appear in future editions of Priority Focus. Questions should be directed to League Legisla- tive Representative Bill Higgins at bhiggins@cacities.org or Legislative Director Dan Carrigg at dcarrigg@cacities.org .PRIORITY FOCUS - PAGE 7 Visit the League’s Official Website--www.cacities.org April 27, 2007 - Issue #16 Continued on Page 8 While AB 900 passed off the Assembly Floor with virtually no discussion, the measure faced a larger hurdle in the Senate. The plan was debated primarily by Republicans, who said they needed more time to renew the plan after having just hours to study the language befire the vote. Senate President Pro Tem Don Perata revealed that while the plan isn’t ideal, action was needed to avoid federal involvement. “Democrats are not in favor of the plan as a whole, but the Legislature has not acted to give Governor Schwarzenegger the authority or plan to deal with the overpopulation issue,” Perata said. “Something has to be done now to avoid the federal government from taking over California’s prison system.” Sen. Perata also said that the AB 900 plan is more responsible than many of the measures that move through the Legislature because it contains two phases. Specifically, it requires reporting on the success of Phase I prior to seeking authorization to implement Phase II. Re-entry Facilities, a Role for Cities? While much of the two-phased plan calls for 16,000 “infill” beds at existing prisons, of particular interest to local governments is the addition of 16,000 “re-entry” beds at facilities at the local level. These “re-entry” beds would be used to house short-term parole violators and inmates in the final months of their terms. Each facility would include 500 beds and house inmates within one year prior to being released from custody. The plan stipulates that re-entry facilities will only be cited in communities that request a facility and a city or county has authority to identify the proposed location of the facility. The purpose of the re-entry facilities is to break California’s entrenched cycle of parolee failure. The goal is to reduce post-release criminal behav- ior of high risk offenders by returning parolees to their county of last legal residence, and to scale back the failure rate of at-risk parolees revoked with no new prison term. PRISON REFORM from page 1 ??????????????????????????? ?????????????? Details of the Plan The prison plan will be funded primarily through lease revenue bonds. It also includes local match funding for county jail facilities as well as General Fund appropriations. The plan adds 53,000 beds to new and existing state and local facilities in two phases as follows: Phase I: • 12,000 infill beds at existing state facilities • 6,000 beds at re-entry facilities • 6,000 beds at health care facilities • 8,000 beds at county jail facilities Phase II: • 4,000 infill beds at existing state facilities • 10,000 beds at re-entry facilities • 2,000 beds at health care facilities • 5,000 beds at county jail facilities In addition, the plan includes the following: • Transfer of inmates to out of state prison facilities • Mitigation funds for local governments impacted by prison facilities (details are not yet available) • Funding for infrastructure improvements at facilities expected to receive infill beds • Program requirements for facilities accom- modating infill beds to include academic or vocational education, drug treatment, work programs, etc. • Mental health day treatment programs • The development of a “prison-to-work” program • Establishes an 11-member Correctional Rehabilitation Oversight Board Updates to this issue will be reported in Priority Focus and on the Public Safety section of the League’s Web site (www.cacities.org/ps) as they develop.Visit the League’s Official Website--www.cacities.org PAGE 8 - PRIORITY FOCUS April 27, 2007 - Issue #16 Continued on Page 9 INFRASTRUCTURE from page 1 ?????????????????? ?????????????????????? There are a number of bills of particular interest to cities. Here is a brief summary on some of these measures, and where they cur- rently stand in the Legislature: Proposition 1B Local Street and Road Funds • SB 286 (Dutton). SB 286 is a League- sponsored bill that defines an allocation schedule for the $2 billion included in Prop.1B as a direct allocation to cities and counties. Specifically, SB 286 guarantees that every city will receive at least half of their Prop. 1B funds to spend in the next two fiscal years (the 2007-08 Prop. 42 “gap” year and 2008-09). This is extremely important for local govern- ments. Without significant funding in the 2007-08 Prop 42 “gap” year, cities and counties will not receive any money for local streets and roads. SB 286 allocates any remaining funds (funds not spent in 2007-08 and 2008-09) to cities no later than January 1, 2010 for fiscal years 2009-10 and 2010-11. Recent Activity: SB 286 passed out of the Senate Transportation and Housing Committee on Tuesday, April 24, with a 10-1 vote. Next, it will be heard in the Senate Appropriations Committee. The League continues to advocate for accelerated payments of these funds to cities and will seek a full appropriation in the state budget of the $1 billion for cities. Cities should send support letters on this bill. For a sample letter, look up SB 286 at www.cacities.org/billsearch. State-Local Partnership Program Legislation Prop. 1B includes $1 billion for the State-Local Partnership Program (SLPP), which requires local matching funds to access bond money. There are three bills currently moving forward in the Legisla- ture that attempt to outline the criteria and eligibility requirements for implementing the SLPP. Those measures are: • AB 1351 (Levine) • SB 748 (Corbett) • SB 872 (Ackerman) These measures outline the sources of the local eligible match required to compete for the funding, though not all outline the same source (i.e. voter approved sales taxes vs. parcel taxes vs. bridge tolls vs. other voter approved taxes and fees dedicated to transportation purposes). The League is advocating for maximum flexibility for the local match. A comparison of the three measures can be found at www.cacities.org/ infrastructure. Goods Movement • SB 9 (Lowenthal). This bill establishes a process for selecting projects under the $2 billion Trade Corridor Improvement Fund. The measure requires that proposed projects be included in an approved regional transportation plan. Factors in selection include: • An estimate of the emissions produced during the construction • Operation of a proposed project • Ongoing monitoring and mitigation of air impacts of projects funded by these bond funds Recent Activity: SB 9 passed out of the Senate Transportation and Housing Committee and was referred to the Senate Appropriations Committee. • SB 19 (Lowenthal). SB 19 specifies projects eligible to receive $1 billion in funding made available under Prop. 1B to reduce air emissions associated with goods movement.PRIORITY FOCUS - PAGE 9 Visit the League’s Official Website--www.cacities.org April 27, 2007 - Issue #16 ??????????????? ????????????????????????? INFRASTRUCTURE from page 8 Recent Activity: This bill passed out of the Senate Transportation and Housing Committee and was referred to the Senate Appropriations Committee for a future hearing. The League encourages cities interested in goods movement to track both SB 9 and SB 19 and engage in discussions on these issues as appropriate. Proposition 1C: Housing and Infrastructure Bond More than half of Prop. 1C funds are allocated to traditional state housing programs that do not require additional legislative action. As a result, the legislative focus is concentrated in three areas: • Allocating $850 million in infill infrastructure funds • Allocating 200 million in funding urban, suburban and rural parks • Allocating $100 million in housing innova- tion funds (In addition, there has been some legislative action to add require- ments to the $300 million transit-oriented development fund. Allocation of $850 Million: While there have been numerous bills intro- duced relating to this topic, the following two measures are likely to emerge as the implementa- tion measures: • SB 46 (Perata). Requires the California Department of Housing and Community Develop- ment (HCD) to establish and administer a com- petitive grant program to allocate those funds to selected qualifying infill projects. Recent Activity: The Senate Transportation and Housing Committee recommended that the bill be passed, but first required that it be re- referred to the Senate Appropriations Committee for a hearing. This measure will likely have a hearing in May. • AB 1053 (Nunez). Although this bill continues to be a work in progress, the League believes that this bill will eventually emerge as the main Assembly vehicle on this issue. Recent Activity: AB 1053 was heard and passed in the Assembly Committee on Housing and Community Development early this week. It was referred to the Assembly Committee on Appropriations for a future hearing. Allocation of $200 Million for Parks: • AB 1252 (Caballero). If signed into law, AB 1252 would create the Housing-Related Parks Program within the Department of Parks and Recreation using the $200 million in funding allocated for housing-related parks grants in urban, suburban and rural areas in Prop. 1C. Overall, the bill would provide grants to cities and counties (on a per bedroom basis for related new or underserved affordable housing) for the creation or rehabilitation of parks in conjunction with eligible housing projects. Recent Activity: AB 1252 was amended and passed through the Assembly Committee on Housing and Community Development. It will next be heard at the Assembly Committee on Appro- priations, most likely in May. Housing Innovation Funds: • SB 582 (Dutton). Since Sen. Dutton was the key vote in getting out the housing bond, most predict that his bill will be the vehicle to watch. Currently, SB 586 creates four separate accounts for this money: ° $50 million for a revolving land acquisi- tion account to help jumpstart affordable housing ° $5 million for a construction liability insurance reform program ° $35 million for a local housing trust fund Continued on Page 10Visit the League’s Official Website--www.cacities.org PAGE 10 - PRIORITY FOCUS April 27, 2007 - Issue #16 matching program that would empha size first time homebuyer programs ° $10 million for the existing Mobile Home Park Ownership Program. Recent Activity: This fund is somewhat unique because the language in Prop. 1C states that the criteria for the $100 million in this fund must be approved by a two-thirds vote of the Legislature. This bill will be heard in the Senate Appropriations Committee on May 7. Proposition 84 - The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 While there are a number of bills in both houses that direct funds from Prop. 84 to different specific uses (funds for urban parks, urban greening, groundwater contamination, and flood protection), SB 732 (Steinberg) is emerging as the most comprehensive of all Prop. 84 bond bills. Budget proposals, budget trailer bills, and more comprehensive Assembly bills will likely surface as the legislative session continues. However, at this time, there are no other bills that have taken as broad a look at funds under Prop. 84. • SB 732 (Steinberg). This measure is the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. SB 732 establishes a number of requirements and guidelines about the allocation of the $580 million available through Prop. 84. Recent Activity: The bill was heard in and passed by the Senate Committee on Natural Resources and Water. It was referred to the Senate Committee on Appropriations for a future hearing. • AB 1253 (Caballero). AB 1253 would create the Sustainable Communities Regional and Local Land Use Planning Program within the Resources Agency. The program would use the $90 million made available from Prop. 84 for planning grants and incentives for the development of specified regional and local land use plans. Grants and loans to local governments, coun- cils of governments, and other public agencies would be made for these purposes, subject to specified criteria developed by the Office of Plan- ning and Research. Recent Activity: AB 1253 was heard in and passed by the Assembly Committee on Water, Parks and Wildlife on Monday, April 23. The measure was referred to the Assembly Committee on Appropriations for a future hearing. • SB 167 (McLeod). This bill would require the Governor’s Office of Planning and Research to administer a grants and loan program to prepare, adopt, and amend general plans and regional blueprints. The program would use the $90 million made available from Prop. 84 for planning grants and incentives for the development of specified re- gional and local land use plans. The measure would draw from the same source of funds as AB 1253 (Caballero). Recent Activity: AB 1253 passed out of the Senate Local Government Committee and is now off to the Senate Appropriations Committee for its next hearing. For further updates to these bills and other measures affecting infrastructure implementation, please visit www.cacities.org/infrastructure. Information will also be published in future issues of Priority Focus. ??????????????? ????????????????????????? INFRASTRUCTURE from page 9 May 4, 2007 Issue #17-2007 IN THIS ISSUE: Page 3: League African American Caucus to Host Inaugural Breakfast U.S. Communities Celebrates 10 Years – And Saves Cities Millions Page 4: CMTA Celebrates Municipal Treasurers Day and Week Page 5: Have a Housing Success Story? Tell Us About It! Find a Bill, Legislators, Leg Committee – or Ask League Leg Staff Legislative Bill Summaries LEGISLATIVE ACTION DAYS SET FOR MAY 16-17 IN SACRAMENTO Make Your Voice Heard at the State Capitol! The League of California Cities’ annual Legislative Action Days are scheduled for May 16-17, at the Sheraton Grand Sacramento Hotel, in Sacramento. Join your colleagues to learn the latest on League priority issues such as infrastructure, eminent domain reform, climate change and the state budget. In addition, Legislative Action Days are a prime opportunity for your city to meet with legislators and deliver the clear message of preserving local services throughout California. For more, see Page 2. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• DENSITY BONUS BILLS GO THE TWO-YEAR ROUTE Two density bonus bills, AB 1256 (Caballero) and the AB 1449 (Saldana), will be held in the Assembly Local Government Committee until next year. The issues presented in these bills will now become the focus of a Density Bonus Law Working Group, consisting of practitioners and stakeholders. For more, see Page 2. •••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• •• KEEPING UP: EVA SPIEGEL HIRED AS LEAGUE COMMUNICATIONS DIRECTOR The League of California Cities is pleased to welcome Eva Spiegel as its new communications director. Eva officially started on April 25. She brings a diverse background as a journalist and project manager to the League’s Communications Department. For more, see Page 3. 2 ‘Density Bonus Bills’ Continued from Page 1… The group hopes to come to a consensus on the structure, language and impacts on the state law, and come back next year with a process and design that works for everyone. Assemblywoman Anna Caballero, chair of the Assembly Local Government Committee, will oversee the process. The League is sponsoring AB 1256, which would exempt local agencies that have inclusionary housing ordinances from meeting specified criteria in the state Density Bonus Law. AB 1449, sponsored by the California Chapter of the American Planning Association, would streamline and clarify the process for granting incentives and bonus under the law. Specific details on the Density Bonus Law Working Group remain to be worked out, but the meetings could start as soon as June or July. Further updates on the group will be published in Priority Focus as they become available. ______________________________________________________________________ ‘Legislative Action Days’ Continued from Page 1… Confirmed general session speakers include: • Sen. Alex Padilla (former League president), who will discuss SCR 31 and Healthy Communities Month • Sens. Alan Lowenthal and Bob Dutton, who will speak on SB 286 and infrastructure issues • Assemblywoman Anna Caballero, chair, Assembly Local Government Committee • Assemblyman John Laird, chair, Assembly Budget Committee • Sen. Dick Ackerman, Senate Republican Leader • Assemblyman Roger Niello, vice chair, Assembly Budget Committee Assembly Speaker Fabian Nunez; Business, Transportation and Housing Secretary Dale Bonner; and California Environmental Protection Agency Secretary Linda Adams are also invited to give remarks. In addition, Sen. Christine Kehoe and Assemblyman Dave Jones will be honored with a special presentation. A Healthy Evening Reception Wednesday evening, come join a variety of legislators and your city colleagues at a special legislative reception at the Sheraton Grand Sacramento. “Healthy Communities” is among the themes of this reception. The event will highlight the ways California cities are promoting healthy communities through parks and recreation programs, community design and other measures. Bill Mabie, chief of staff to Sen. Alex Padilla is also scheduled to make a presentation at the reception to acknowledge the 10th anniversary of the Cities, Counties and Schools (CCS) Partnership. Incorporated in 1997, the CCS Partnership is a nonprofit, nonpartisan collaboration of the League of California Cities, the California State Association of Counties and the California School Boards Association. The CCS Partnership promotes collaboration among jurisdictions to achieve strong, healthy communities for children and their families. For more information on Legislative Action Days and a tentative schedule of events, visit www.cacities.org/events. _____________________________________________________________________________ 3 League African American Caucus to Host Inaugural Breakfast Majority Leader Karen Bass Will Discuss ‘The State of Black California’ The League of California Cities African American Caucus will host its inaugural legislative breakfast during the League’s Legislative Action Days on Wednesday, May 16. California Assembly Majority Leader Karen Bass will discuss “The State of Black California,” a report that was commissioned by the Legislature. The goal of the report was to develop a public policy agenda for the California Legislative Black Caucus, local elected and appointed officials The breakfast will be held at the Sheraton Grand Hotel in Sacramento, from 8 a.m. to 9:45 a.m. Attendance is free and breakfast will be provided. If you are interested in attending, please RSVP to Yvette Harris at (916) 658-8253. For more information on the League’s African American Caucus, visit www.cacities.org/caucus1. Membership forms are available from League Legislative Representative P. Anthony Thomas. Thomas can be reached at (916) 658-8279 or athomas@cacities.org. Latino Caucus Event Also Planned From 9 a.m. to noon, the Latino Caucus will have a discussion on the challenges of civic engagement. A continental breakfast will be served at this event. Registration is available on a first-come, first-serve basis by calling (916) 669-1343. _____________________________________________________________________________ ‘Eva Spiegel’ Continued from Page 1… Eva comes to the League from the American Communications Foundation (ACF), a nonprofit that had a mission to produce news stories on substantive public policy and social issues for commercial broadcast news outlets. Eva began her tenure at ACF in 1995, when she was hired to produce a series for The Osgood File (CBS Radio Network) on democracy, citizenship and community. She also covered other subjects, including religion and American society, rural America, environment, and science and technology. A firm believer that people are most engaged politically at the local level, Eva is excited to combine her interest in the political process with her journalism roots. League Executive Director Chris McKenzie is equally as enthusiastic to add Eva’s talents to the League’s management staff. “We’re delighted to have Eva onboard here at the League,” said League Executive Director Chris McKenzie. “Her wide range of experience as a journalist, particularly on community and civic engagement issues, will help strengthen the League’s ability to communicate its mission.” Eva graduated with a master’s degree in broadcast & electronic communications arts from San Francisco State University. She earned her bachelor’s degree in political science from the University of California, Davis. To contact Eva, e-mail her at espiegel@cacities.org. _____________________________________________________________________________ U.S. Communities Celebrates 10 Years – And Saves Cities Millions The U.S. Communities Government Purchasing Alliance marked its 10-year anniversary recently, celebrating with a press conference at the National Press Club in Washington D.C. 4 At the conference, Rick Grimm, chief executive officer of the National Institute of Government Purchasing and chair of the U.S. Communities board of directors, gave the program high marks. He revealed that U.S. Communities has saved its 20,000 participants more than $735 million, with $150 million of that amount in 2006 alone. In 2006, the program generated more than $1 billion in total sales. One of the powerful effects of tapping into the collective purchasing power of public agencies nationwide is that municipalities separated by vast geography can collaborate. For example, Gerry Hyland, supervisor of Fairfax County, Va., reports that his county has saved millions using Los Angeles County’s contract. Hyland cited the office and school supply program as a prime example. “By using the Los Angeles County contract, Fairfax County saved over $1.6 million in fiscal year 2006 [on just] one contract,” he said. Program History Originally part of California Communities, the program was created by the League of California Cities and the California State Association of Counties (CSAC). It became a national program in 1997 and was renamed to reflect its national scope. The program is co-sponsored by the National League of Cities, the National Association of Counties, the U.S. Conference of Mayors, the Association of School Business Officials and the National Institute of Governmental Purchasing. U.S. Communities provides increasing value for growing number of participating California public agencies. Large cities and counties are the greatest users of U.S. Communities, but small cities have the largest percentage of savings, as they cannot secure the level of discounts on their own. Here are some of the primary advantages of the U.S. Communities Purchasing Alliance: • Competitive solicited contracts by a lead public agency • Most favorable public agency pricing • No cost to participate, each contract is optional and non-exclusive • Broad range of high quality products • Thousands of environmentally certified products and services • Nationally sponsored by leading associations and purchasing organizations • Effectively aggregates purchasing power of public agencies nationwide • Managed by public purchasing professionals For more information on the program, visit www.uscommunities.org or contact Dan Harrison at dharrison@cacities.org. _________________________________________________________________________ CMTA Celebrates Municipal Treasurers Day and Week The California Municipal Treasurers Association (CMTA), an affiliate organization of the League of California Cities, celebrated Municipal Treasurers Day and Week during its Annual Conference in Long Beach. CMTA sponsored a special measure, Assembly Concurrent Resolution (ACR) 33, in the State Legislature to highlight the many accomplishments of municipal treasurers in California. ACR 33 commemorated May 2 as Municipal Treasurers Day and the week of April 30 - May 6 as Municipal Treasurers Week. Authored by Assemblywoman Anna Caballero (D-Salinas), chair of the Assembly Local Government Committee, the measure flew through both the Assembly and Senate. It was recently chaptered by the Secretary of State, with additional support from the League, State Treasurer Bill Lockyer, and the California Special Districts Association. 5 Lockyer was on-hand to help kick-off the CMTA conference, delivering the keynote address on Municipal Treasurers Day. CMTA President Vikki Beatley recognized and thanked Lockyer and Caballero for their work on ACR 33, saying that the association looks forward to making it an annual celebration. For more information about ACR 33, look up the bill at www.cacities.org/billsearch. _________________________________________________________________________ Have a Housing Success Story? Tell Us About It! Focus on Housing, the League of California Cities’ electronic monthly housing newsletter, is seeking new housing success stories to profile for its upcoming issues. Has your city redeveloped a blighted or underused site with new affordable housing in the past two years? If so, we want to know about it. Typical housing success stories published in Focus on Housing range between 250-400 words, and include “before and after” photos to illustrate the property’s change. For an example of one of the newsletter’s success stories, visit www.imakenews.com/focusonhousing and read “Las Brisas Helps Revitalize South Los Angeles.” Questions and submissions should be sent to League Communications Specialist Brian Heaton at bheaton@cacities.org. _____________________________________________________________________________ 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. _____________________________________________________________________________ Legislative Bill Summaries EMPLOYEE RELATIONS AB 1496 (Swanson) Local Government: Cities and Counties: Civil Service. AB 1496 would mandate restrictive changes to all city and county civil service and merit systems by March 1, 2008. Specifically, it would require inclusion of all employees within the civil service or merit system except: 1) apprentices or technical experts employed temporarily for a specific project, or 2) substitute or short term employees paid for less than 50 percent of work days in a fiscal year, where the employment is not needed on a continuing basis. Substitute employees would be restricted to a person(s) collectively employed no longer than 60 days. In addition to significant staffing restrictions imposed on local agencies, this bill would be very costly when it forces replacement of temporary personnel with permanent personnel on regular or overtime payment. It would impact city's summer program staff, reserve police officers, snow removal personnel, lifeguards hired annually, and peak work-load staff hired by planning and building departments. Please send in letters of opposition and let your legislators know how this would impact your city. Staff: Anthony Thomas; Status: AsmFlr, Third Reading; Position: Oppose. 6 AB 553 (Hernandez) Public Employment Relations Board. AB 553 would eliminate local government's ability to seek injunctive relief for a potential strike, by providing the Public Employment Relations Board (PERB) with exclusive authorization to seek court injunctive relief. Cities and counties have a long history, statutory authority and common law over issues of public health and safety, while PERB. This bill would add an unnecessary delay and additional step to a process designed to protect the public health and safety, and would usurp existing city and county authority. Staff: Anthony Thomas; Status: AsmPER&SS, Hrg May 2; Position: Oppose. Want to Send a Letter in Support of a League Position? Here’s Who to call: ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY (6)—Hernandez (Chair), Jeffries (Vice Chair), Anderson, Mullin, Soto, and Torrico. Chief Consultant: Karon Green. 1020 N Street, Room 153. (916) 319-3957. _____________________________________________________________________________