IN THIS ISSUE: September 5, 2008
Issue #35-2008
Page 7: In Memoriam: Fairfield City Council Member Matt Garcia
Page 8: Federal Byrne/JAG Local Law Enforcement Grant Legislation Signed
New Partnership Brings Cities the Greenest Products at the Lowest Prices
Page 9: Find a Bill, Legislators, Leg Committee, or Ask League Leg Staff
ANTI-LOCAL GOVERNMENT BORROWING MESSAGE TAKES HOLD
Now is the Time to Keep the Pressure Up
The Senate Republican budget plan released Aug. 30 is the fourth budget proposal in the last
three months and the sixth since January that does not rely on “borrowing” practices that would
rob local government of critical public safety and transportation funding and deepen the state’s
structural deficit. The previous budget proposals introduced that do not rely on borrowing local
government revenues (Proposition 1A) or transportation revenues (Prop. 42) are: Gov. Arnold
Schwarzenegger’s January, May revise and August revise budgets, the Conference Committee
budget and the Senate Democrat’s compromise budget. For more, see Page 2.
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CITIES URGED TO CONTACT THE GOVERNOR TO SIGN/VETO BILLS
The following is a list of bills that the League of California Cities has requested that Gov. Arnold
Schwarzenegger sign or veto. For more, see Page 2.
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On-Camera Media Training Available For City Officials at the Annual Conference
Do you need to deliver your city’s message more effectively during media interviews? If so, take
advantage of this opportunity for professional on-camera media training at the League’s Annual
Conference on Sept. 24-27, in Long Beach. For more, see Page 6. 2
‘Budget’ Continued from Page 1…
Although the alternative proposal introduced by Senate Republicans on Saturday does not
include borrowing of local funds, it does propose to take an additional $349 million in
redevelopment funds—this time from housing set-asides. This proposal also includes the
Governor’s proposed take of $225 million of redevelopment tax increment funds for three years
($675 million total). Other aspects of the Republican plan swap out the Governor’s proposed tax
increase for deeper cuts to education and social services and a borrowing proposal that would
securitize lottery revenues to fund additional one-time revenue for education.
City officials are extremely concerned about proposals which take redevelopment funds to
balance the state budget. These funds not only provide jobs and economic stimulus locally, but
also annually generate 310,000 good-paying jobs, $32 billion in total economic activity and $1.6
billion in state and local taxes.
According to the California Building Industry Association, each newly built home produces an
average of $16,000 in state tax revenues and $3,500 in local tax revenues. A take of $349 million
of redevelopment housing funds this year would translate into 5000-7000 units of housing that
won’t be built. Aside from the economic impacts, redevelopment projects are good for the
environment, funding infill development that gets Californians out of their cars.
Budget Activities This Week
The Senate has held daily sessions at 4 p.m. to work on the budget. The Assembly Budget
Committee met Wednesday, Sept. 3, for a hearing on the Senate Republican proposal. The
League testified at this hearing, conveying appreciation that the Republican proposal did not rely
on borrowing and expressing opposition to the proposed redevelopment takes. Senate and
Assembly leaders and the Governor’s “the Big Five” also met Wednesday. Several press
conferences on the budget were held by both the Governor and legislators. The Senate
Republicans are expected to formally present their proposal for a vote on Friday.
What Can City Officials Do
City officials are urged to continue talking with legislators and the Governor about the budget.
Encourage them to oppose any effort to borrow local government or transportation funds and
oppose a take of redevelopment funds.
Here are a number of resources you can use in your communication with legislators about the
proposed redevelopment take:
• Talking points on the $675 million take
(http://www.cacities.org/resource_files/27180.Budget Cuts-Talking Points 9-2008.doc)
• California Redevelopment Association’s database of city-by-city hits of a $675 million
(http://www.calredevelop.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/Conte
ntDisplay.cfm&CONTENTID=4613)
• Talking points on proposed $349 million take
(http://www.cacities.org/resource_files/27179.Redevel Talking Points9-5-08.pdf)
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‘Sign/Veto Bills’ Continued from Page 1…
This year, the bill signing process has an added complication with the recent statement by the
Governor that he will not sign any bills until a budget has been adopted. Thus, this list of bills is
longer than in year’s past, because typically the delivery of bills to the Governor’s desk is spread
out over the last month or more of the legislative session. The Governor has until Sept. 30 to sign
or veto legislation, however, he did make one recent exception to his edict by signing AB 3034
(Galgiani) which contains changes to the High Speed Rail Bond on the November Ballot.
Since a resolution on the budget could occur at any time, cities are encouraged to contact the
Governor’s office immediately with sign and veto requests. (While there is much to choose 3
from in this document, the League’s lobbying team especially encourages letters on the
following bills marked with an asterisk*)
The League’s request and sample letters for cities can be found by looking up the bills on the
League’s Web site at www.cacities.org/billsearch.
Employee Relations
*AB 2754 (Bass). VETO. Provides a rebuttable presumption under the workers’ compensation
system for public safety employees who claim a methicillin-resistant Staphylococcus aureus
(MRSA/staph)-related injury.
*AB 2918 (Lieber). VETO. Prohibits the use of a consumer credit report for employment
purposes, with some exceptions.
*AB 3063 (Committee on Labor & Employment). VETO. Prohibits employers from requesting
that an applicant disclose information or use for employment related decisions information
concerning a criminal conviction that was expunged or judicially ordered sealed.
*SB 1115 (Midgen). VETO. Weakens the apportionment statute (defining the portion of injury
related to the workplace, as opposed to pre-existing conditions) implemented by SB 899
(Poochigian; 2004), the landmark legislation that implemented much needed workers’
compensation reforms, and allow the courts to overrule apportionment even when based on
findings of actual previous disability.
*SB 1296 (Corbett). VETO. Provides superior courts exclusive jurisdiction over actions involving
interest arbitration where the action involves representatives of firefighters.
Environmental Quality
AB 31 (De Leon). SIGN. Requires the California Department of Parks and Recreation (DPR) to
establish a local assistance program to distribute grants to the most park needy communities
across the state, with funding derived from the $400 million that was designated for this purpose
in Proposition 84.
AB 2270 (Laird). SIGN. Allows cities and water agencies to restrict usage of specific types of
water softeners only if the State Water Resources Control Board or the regional water quality
control board made a finding that control of residential salinity will contribute to the achievement
of water quality objectives in the region.
AB 2347 (Ruskin). SIGN. Requires a manufacturer that owns or owned a name brand of
mercury-added thermostats sold in this state before January 1, 2006, to establish and maintain a
collection and recycling program for out-of-service mercury-added thermostats.
*AB 2939 (Hancock). SIGN. AB 2939 will allow those local governments who wish to enact
stronger green building standards to do so without the existing restrictions of climatic, geological
or topographical conditions.
*SB 1016 (Wiggins). SIGN. Re-calculates the way solid waste diversion efforts are imposed
upon local governments, and also revises the timelines that local jurisdictions must adhere to
when reporting to the Integrated Waste Management Board.
SB 1357 (Padilla). SIGN. Authorizes the Department of Conservation to expend up to $20 million
from July 1, 2009, to January 1, 2012, for recycling and litter reduction grants and programs, and
requires a grant recipient to submit a report to the department and would require the department
to publish an evaluation of grants made pursuant to these provisions, including a summary of
those reports.
SB 1548 (Florez). SIGN. Creates a local city selection committee (Existing law requires five
members to be appointed by cities within the territory of the district, based on region and
population) within the San Joaquin Valley Unified Air Pollution Control District Board of Directors. 4
Public Utilities: Energy
AB 2466 (Laird). SIGN. Establishes the Renewable Energy Self-Generation Program to allow a
city, county, city and county, special district, school district, or other public agency to benefit from
the excess electricity produced at the local entity's facility. The bill authorizes a local
governmental entity to receive a credit on the bill of a benefiting account, equal to the amount of
the electricity it exported to the electrical grid and from an eligible renewable generating facility.
SB 980 (Padilla). VETO. Requires the California Energy Commission to evaluate the adequacy
of the electric distribution system of local publicly owned electric utilities as a part of their 2009
Integrated Policy Report.
Land Use/Housing
AB 749 (Wolk). SIGN. Requires, as of March 1, 2009, residential care facilities for the elderly to
have an emergency plan that includes specified provisions and is available, upon request, to both
residents onsite as well as to local emergency responders.
*AB 842 (Jones). VETO. Requires the Department of Housing and Community Development to
rank applicants for the award of capital improvement project grants based upon a reduction of
vehicle miles traveled as a result of a qualifying infill project, as specified.
*AB 2000 (Mendoza). SIGN. Provides additional flexibility to a local government in the regional
housing need assessment (RHNA) process, by allowing a local government that exceeds its
regional housing need during a planning period to count the excess units toward meeting its
share in the next planning period.
AB 2280 (Saldana). SIGN. Makes several technical fixes to the Density Bonus Law and
addresses an absurd interpretation of the law relating to the bonus awarded to affordable senior
projects within larger scale developments.
*AB 2494 (Caballero). SIGN. Establishes the Housing-Related Parks Program to govern the
allocation of $200 million under the administration of HCD. Requires the department to use funds
allocated from the account, to provide grants for the creation, development, or rehabilitation of
park and recreation facilities, to cities and counties that meet certain criteria, including adoption of
a HCD approved housing element, and issue housing starts, for newly constructed units that are
affordable to very low or low-income households.
*SB 375 (Steinberg) SIGN. Aligns transportation, housing, and greenhouse gas (GHG)
emissions regional planning processes, provides incentives through CEQA streamlining for infill
projects, and provides additional certainty for local governments that engage in planning
processes that will result in reductions in GHG emissions.
SB 992 (Wiggins). SIGN. Requires the Department of Alcohol and Drug Programs (ADP) to
administer the licensure and regulation of adult recovery maintenance facilities, and requires the
department to adopt emergency regulations, implement the fee process for initial licensure, the
provisions for the extension of licensure, follow up compliance visits, and civil penalties.
Public Safety
AB 38 (Nava). SIGN. Consolidates the roles and responsibilities of the Governor’s Office of
Emergency Services and Office of Homeland Security into a new state agency, the California
Emergency Management Agency, for a more efficient state-wide disaster preparedness and
response system.
AB 759 (Karnette). SIGN. Requires local fire enforcing agencies to inspect elderly care facilities
with six or fewer residents, applying standards established by the State Fire Marshal and
Department of Social Services, to ensure the fire safety of the facility. This bill also permits the
fire enforcing agencies to collect reasonable fees from the facility owner to cover the expense of
inspections. 5
AB 844 (Berryhill). SIGN. Creates additional requirements on scrap metal recyclers and traders
to prevent scrap metal thefts by requiring identification of those presenting scrap metal to the
recycler and a three-day delay in payment to those individuals. This bill also allows local
government to enact stronger ordinances to prevent scrap metal thefts if local public safety needs
warrant greater regulation.
AB 1724 (Jones). SIGN. Permits local government agencies to enact and enforce vehicle
impoundment ordinances for nuisance vehicles repeatedly involved with illegal dumping activity.
AB 1751 (Fuentes). SIGN. Permits local government agencies to enact and enforce vehicle
impoundment ordinances for nuisance vehicles repeatedly involved with prostitution-related
activity.
AB 1859 (Adams). SIGN. Creates an additional $3,000 penalty for stolen scrap metal sales or
purchase charges that involve fire hydrant and fire department connection parts.
AB 2151 (Jones). SIGN. Authorizes the Alcoholic Beverage Control Department to deny the
transfer or issuance of a liquor retail license if it would contribute to blight, based on the findings
of the local government agency. AB 2151 also authorizes a local redevelopment agency to deny
the issuance or transfer of a liquor retail license within the redevelopment agency.
*AB 2262 (Torrico). SIGN. Expands the “Safe-Surrender" program to allow children seven-days
old or younger to be surrendered to a safe-surrender site as designated, which may include fire
departments upon approval by the local fire agency or governing body.
SB 1519 (Yee). SIGN. Authorizes a local government agency to request the disconnection of
telephone service provided to unlicensed taxi cab operations and permits telephone service
providers to disconnect or deny the issuance of telephone service if local enforcement efforts
have not prevented or stopped the unlawful taxi cab operations.
Revenue and Taxation
AB 697 (Hancock). SIGN. Prohibits a city and/or county, including a chartered city or county, on
or after October 1, 2008, from entering into any form of agreement that results, directly or
indirectly, in the payment, transfer, diversion or rebate of any amount of Bradley-Burns local sales
and use tax proceeds to any person for any purpose when both of the following apply: (1) the
agreement results in a reduction in the amount of Bradley-Burns tax proceeds received by
another local agency from a retailer within the territorial jurisdiction of that other local agency; and
(2) the retailer continues to maintain a physical presence within the territorial jurisdiction of that
other local agency.
AB 1221 (Ma). SIGN. Expands the toolbox of available options for financing infrastructure
associated with transit village development by ensuring that these facilities may be financed
through the use of existing Infrastructure Financing District Law. This bill also expands the size of
a transit village development district from 1/4 to 1/2 mile, and requires that at least 20 percent of
all tax increments under the plan be used for affordable housing development.
AB 1451 (Leno). SIGN. Extends the sunset date with respect to the existing property tax
exclusion from reassessment provided to the construction or addition of active solar energy
systems from the 2008-09 fiscal year, to the 2015-16 fiscal year. In addition, this bill allows this
exclusion to be transferred to the initial occupant of a new building, if the builder installed the
solar energy system during the original construction.
SB 301 (Romero). SIGN. Extends existing statute that provides additional financial assistance
through the Vehicle License Fees (VLF) allocated to cities for both future incorporations and
annexations by cities of inhabited territory.
SB 1064 (Hollingsworth) SIGN. Provides income and property tax relief to individuals,
businesses, and local governments that suffered losses as a result of five separate disasters
during 2007 and 2008.
6
Transportation/Public Works
*AB 642 (Wolk). SIGN. Allows cities to use design-build contracting for building construction
projects as well as wastewater facilities, solid waste management facilities, or water recycling
facilities for more efficient, cost-effective public works projects.
AB 983 (Ma). VETO. Requires cities to provide full, complete, and accurate plans, including cost-
estimates on all public works projects, which would reduce incentives for contractors to report
errors in plans during bidding because additional expenses could be recouped through change-
order claims against the public agency.
*AB 2295 (Arambula). SIGN. Includes local street and road rehabilitation projects on the list of
eligible types of projects that may receive State Transportation Improvement Funds.
Miscellaneous
AB 2537 (Furutani). SIGN. Helps to ensure that city public works projects can be completed with
volunteers by continuing provisions that establish volunteers do not have to be paid prevailing
wages for their work, as it is being done on voluntary basis.
SB 1124 (Local Government Committee). SIGN. Enacts the Local Government Omnibus Act of
2008 and proposes various technical, but important, changes to the law affecting local agencies'
powers and duties.
*AB 2427 (Eng). VETO. Prohibits a city or county from incidentally regulating a local healing arts
business that is licensed or certified by the State Department of Consumer Affairs.
*AB 2610 (Davis). VETO. Unnecessarily mandates local governments that want to address
unattended collection boxes in their community and must follow a new permit program outlined in
the bill.
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‘On-Camera Media Training’ Continued from Page 1…
The 45-minute training will feature a short interview focused on a vital issue to your city, a video
playback/critique, and a follow-up interview. You will receive a DVD copy of your session.
The trainers are public information and media experts from cities throughout California. After this
brief session, you’ll feel more comfortable delivering your city’s important messages on-camera
and improve your newspaper and radio interview skills.
There is a high demand for these one-on-one sessions, and we’re limited to three sessions on
Wednesday, and six sessions per day on Thursday and Friday. (Open time spots are listed
below). The training will be held in the League Press Room at the Long Beach Convention
Center.
To take advantage of this outstanding opportunity, which typically costs thousands of dollars, call
Adrienne Sprenger at (916) 658-8278 to reserve a training session or fax the attached form to
(916) 658-8240. Please tell Adrienne in some detail about an important issue facing your city so
that we can prepare interview questions that are tailored to your community. Reservations are on
a first-come, first-served basis, so call today!
Reservations will be accepted on a paid first-come, first-served basis. Please note that there is a
$20 charge, refundable as a $20 CityBooks coupon for those who attend the training. No refunds
or coupons will be issued for “no shows.”
On-Camera Interview Training Session Times
Thursday, Sept. 25 and Friday, Sept. 26
9 – 9:45 a.m. (available Friday only)
10 –10:45 a.m. (available Friday only) 7
11– 11:45 a.m.
1 – 1:45 p.m.
2 – 2:45 p.m.
3 – 3:45 p.m.
*If you get voicemail when making a reservation please:
• Leave a message with your two preferred time slots.
• Tell in some detail about an important issue facing your city so that we can prepare
interview questions that are tailored to your community.
• Leave your complete contact info including cell phone.
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In Memoriam: Fairfield City Council Member Matt Garcia
By Eva Spiegel
Fairfield City Council Member Matt Garcia was
shot on Sept. 1, 2008, and declared brain-dead
at John Muir Medical Center in Walnut Creek
after the shooting. He died Sept. 3, after being
taken off life support. Elected in November 2007
at just 21 years of age, Garcia was among the
state’s youngest council members. The Fairfield
leader set his course years ago when he
decided in the sixth grade that he wanted to be
mayor someday.
I had the opportunity to interview Garcia in June
for an article titled “Challenges for the Next
Generation of Leaders,” which appeared in the
September 2008 issue of Western City. During our conversation, Garcia spoke passionately
about public service and how he was inspired by his grandfather, who ran for city council in
Richmond but did not win.
In addition to serving the public as a council member, Garcia attended Solano Community
College, where he studied political science, and worked for HRA Engineering and Energy
Services.
Garcia was born and raised in Fairfield, and his biological father was a gang member. Garcia said
he could have easily gone that direction but instead chose to focus his energies on improving his
community. He managed Little League teams, served as senior class president in high school
and ran for city council in 2007 with a vision to combat Fairfield’s high level of youth-related
crime.
Committed to making Fairfield a better place to live for everyone, especially younger residents,
Garcia campaigned on a platform that included creating more resources for youth. He believed
that by bringing more economic development and better paying jobs to his city, young people
would have positive opportunities and be less likely to turn to crime.
When interviewed for Western City’s April 2008 “On the Record” column about community
services that have a major impact on improving the quality of life for residents, he responded,
“Youth programs are our main focus. We work with youth organizations to provide mentors, and
our after-school programs give young people something fun and constructive to do.”
Garcia believed it was time for his generation to acknowledge its responsibilities. “In the next five
to 10 years we have to step up to the plate. We are the future leaders. If you have a passion to do
what is right for your community, really use your voice and energy to do wonderful things,” he
said.
On Sept. 2, Fairfield Mayor Harry Price posthumously named Garcia the city’s honorary mayor in
recognition of his accomplishments. 8
Losing a colleague is never easy. In Matt Garcia’s case, the loss is particularly poignant because
his youthful energy, cheerful determination and the tremendous promise he showed as a leader
in his community were tragically cut short. He will be greatly missed.
_____________________________________________________________________________
Federal Byrne/JAG Local Law Enforcement Grant Legislation Signed
President Bush signed Senate Bill 231 [Sen. Dianne Feinstein (D-CA)] into law on July 30 to
reauthorize the Edward Byrne Memorial Justice Assistance Grant (Byrne/JAG) program through
2012. Grants from the Byrne/JAG program and its predecessors have funded local crime control
programs including state and local drug task forces, community crime prevention programs,
substance abuse treatment programs, and prosecution initiatives.
The grants will continue to be administered by the U.S. Justice Department, with 60 percent of
the funds going to state agencies and 40 percent set aside for distribution to local governments.
The Byrne/JAG program provides one of the only sources of federal funds for sheriffs and police
chiefs in many smaller and rural cities and counties.
While the program itself has been approved, funding is still waiting approval by the House and
Senate Appropriations Committees. Priority Focus will provide an update on the approval of the
funding. More information on S. 231 can be found online at www.thomas.gov.
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New Partnership Brings Cities the Greenest Products at the Lowest Prices
U.S. Communities and the Responsible Purchasing Network (RPN) are joining forces to combine
the purchasing power of 87,000 public agencies with the nation’s foremost green purchasing
authority. U.S. Communities is partnering with RPN to identify and promote products offered
through U.S. Communities contracts that meet independent, third-party green standards such as
those certified by GreenSeal, EcoLogo or EPEAT.
The first initiative of the partnership will address green cleaning supplies by identifying the
GreenSeal certified cleaning products available through U.S. Communities with Zep Superior
Solutions. RPN members will ultimately be able to search green products through RPN’s
database and quickly identify which cleaning products are available on the Zep contract,
download the contract, and request contact from a sales rep to set up an account. As part of this
partnership, RPN will expand its Responsible Purchasing Guide for Cleaners.
Background
By pooling the purchasing power of more than 87,000 public agencies, U.S. Communities serves
as a national purchasing forum for local and state government agencies, school districts, higher
education and nonprofits nationwide. Cities can take advantage of 17 different contracts for
thousands of products facilitated by U.S. Communities and solicited by a lead public agency. U.S.
Communities established its Going Green program in 2006 to assist local agencies with their
responsible purchasing goals. The League is a sponsor of U.S. Communities.
Additional Information
Visit www.gogreencommunities.org to find out more about the sustainability solutions offered by
U.S. Communities. Connie Kuranko with the Going Green Program can answer questions. She
can be contacted by e-mail at ckuranko@uscommunities.org.
Visit RPN’s Web site at www.responsiblepurchasing.org for more information about the
organization.
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9
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.
_____________________________________________________________________________
IN THIS ISSUE: September 12, 2008
Issue #36-2008
Page 3: Federal Bill Seeks to Remedy Highway User Trust Fund Shortage
Page 4: Court of Appeal Upholds City Ban on Mobile Billboard Advertising
ARB Requests Participation in Sept. 23 Scoping Plan Meeting on Recycling and Waste
Page 5: Summit on Water Policies and Climate Change Scheduled for November
Sustainable Cities Feature: Millbrae Turns Grease into Power
Page 6: Find a Bill, Legislators, Leg Committee, or Ask League Leg Staff
GROUNDHOG DAY: CITIES STILL VULNERABLE AS STATE
BUDGET STALEMATE CONTINUES
California has now gone 74 days into the new fiscal year without a state budget. This breaks all
previous records. Over the last week, the Capitol has been a flurry of activity with lawmakers
voting on various budget proposals: with the “tax or not to tax” debate the centerpiece.
For more, see Page 2.
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LEAGUE ANALYSIS OF NEW FEDERAL HOUSING AVAILABLE
Legislation Expected to Help California’s Struggling Cities
Several weeks ago, Priority Focus reported that the League was preparing analysis of the
recently signed Housing and Economic Recovery Act of 2008, (H.R. 3221). This “white paper” is
now available and has been posted on the League’s Web site.
(http://www.cacities.org/resource_files/27194.HR 3221 White Paper FINAL.pdf)
For more, see Page 2.
•••• ••• ••• •• •••• ••• ••• •• •••• ••• ••• ••
ON-CAMERA MEDIA TRAINING AVAILABLE FOR
CITY OFFICIALS AT THE ANNUAL CONFERENCE
Do you need to deliver your city’s message more effectively during media interviews? If so, take
advantage of this opportunity for professional on-camera media training at the League’s Annual
Conference on Sept. 24-27, in Long Beach. For more, see Page 3. 2
‘Budget’ Continued from Page 1…
Monday, the Senate voted on a “more cuts, no taxes” proposal the Republicans began to shape
over Labor Day weekend. It was defeated by Democrats on a partisan vote. Tuesday, the
Assembly took up the same proposal where it was also defeated along partisan lines.
By Wednesday it was obvious that most of the budget cards have been played. The Assembly
Democrats already put their Conference Committee budget up for a vote several weeks ago. This
was rejected by the Republicans. Senate Democrats had also voted on a modified version of
Gov. Arnold Schwarzenegger’s “August Revise” budget, which was also rejected by the
Republicans.
The Governor has now asked for a formal vote on his “August Revise” proposal. As of Priority
Focus’ publication, a vote on this proposal was scheduled in the Senate for Friday, Sept. 12.
However, this vote was cancelled late Thursday afternoon.
The Governor’s proposal includes a temporary 1-cent sales tax increase for three years followed
by a permanent quarter-cent reduction. The previous Democrat proposal, that was rejected, only
increased the sales tax for three years. The difference between the two sales tax proposals is the
argument that the quarter-cent sales tax reduction over time will offset the initial increase. It is
unclear if enough Republican legislators will view this as sufficient political cover for to put their
budget up for a vote.
Also contained in the Governor’s “August Revise” is a three-year, $225 million annual hit to
redevelopment agencies. The League has strongly opposed this aspect of the proposal, arguing
that the loss of this crucial redevelopment funding would be damaging not only to cities but to the
entire state. This lobbying has involved many efforts to convince the Governor and legislators that
this proposal is counter productive to what California needs to achieve a stable and sustainable
economy as well being contrary to recent rhetoric over how more infill development is needed to
combat climate change.
Redevelopment funding provides economic stimulus through the creation of hundreds of
thousands of jobs annually, sales tax revenues for local and state government, and investment in
the infill development necessary to help California achieve its ambitious green house gas
emission reduction goals.
It has been difficult for the League to identify legislators who appear willing to stand in the way of
at least a one-year redevelopment hit. Although state lawmakers do understand that a hit to
redevelopment would be hard, the issue is dwarfed by the battle to use cuts or taxes to close a
$15.2 billion budget shortfall.
At a recent meeting of police chiefs, the Governor spoke of a modification of the redevelopment
proposal that would be limited to a one-year take with a repayment provision. It is not clear if or
when such a modified proposal would be put forward.
What City Officials Can Do
As rumors now abound in the Capitol, city officials are asked to remain on high alert. The budget
is expected to break in one of two ways. If the Governor’s proposal gets enough votes, when it is
voted on, and the redevelopment hit is included in a trailer bill, city officials should be ready to act
to oppose and/or limit this cut as much as possible. If the Governor’s budget fails, then the state
continues to navigate into uncharted water. This is likely to involve proposals for deeper cuts and
borrowing.
The League will provide updates as they develop through alerts, its regional managers, the
League’s Web site and Priority Focus. Stay focused! Stay ready!
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‘HR 3221’ Continued from Page 1…
Cities throughout California stand to gain from the legislation as money is appropriated in the
coming months as HR 3221 is expected to help California’s housing market. The legislation 3
includes $3.9 billion for local governments for foreclosure and abandoned home assistance. H.R.
3221 also includes provisions to create further underwriting opportunities for mortgages that are
in danger of being foreclosed upon, establishment of a national Housing Trust Fund, and several
other service oriented provisions that fund housing programs for specific need populations.
Several of the key topics covered by the legislation include:
Neighborhood Stabilization: Money for Local Governments
• H.R. 3221 will appropriate a one-time $3.9 billion in emergency Community Development
Block Grant (CDBG) funds to assist states and local government in the redevelopment of
abandoned and foreclosed homes and residential properties.
• Funding will be calculated and distributed to states and local governments with the
greatest need, which will be based on:
o Number and percentage of home foreclosures in each state or local government;
o Number and percentage of homes financed by a sub-prime mortgage related
loan; and
o Number and percentage of homes in default or delinquency.
• This formula appears to be favorable to California since it has the highest amount of
foreclosures of any state. Using foreclosures as a barometer alone, California may
receive as much as $800 million of the funds, or more than 20 percent of the total.
“Hope for Homeowners” Program: More Mortgage Assistance
The “Hope for Homeowners” program authorizes the Federal Housing Administration (FHA) to
refinance up $300 billion in mortgages of at-risk borrowers living in their homes who can afford to
make a reduced loan payment.
Housing Trust Fund
• Over the long term, the creation of a new Housing Trust Fund may be one of the most
significant provisions of H.R. 3221;
• Full funding will not occur until 2011. However, HCD will begin a process in the upcoming
year to develop a state plan for using and distributing this funding source in which cities
will want to have a voice; and
• Additionally, local agencies can start planning for the use of these funds. Those local
agencies that are currently updating their housing elements can include investigating how
these funds can be used within their communities as a program to be completed.
Other Programs
• H.R. 3221 provides $150 million nation wide for housing counseling services;
• Homeless assistance programs will be increased by an additional $30 million; and
• H.R. 3221 contains several provisions which make changes to the low income housing
tax credit program, which allows California to increase its bond cap limit and receive $1.2
billion of these funds.
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‘Media Training’ Continued from Page 1…
The 45-minute training will feature a short interview focused on a vital issue to your city, a video
playback/critique, and a follow-up interview. You will receive a DVD copy of your session.
The trainers are public information and media experts from cities throughout California. After this
brief session, you’ll feel more comfortable delivering your city’s important messages on-camera
and improve your newspaper and radio interview skills.
There is a high demand for these one-on-one sessions, and we’re limited to three sessions on
Wednesday, and six sessions per day on Thursday and Friday. (Open time spots are listed
below). The training will be held in the League Press Room at the Long Beach Convention
Center.
To take advantage of this outstanding opportunity, which typically costs thousands of dollars, call
Adrienne Sprenger at (916) 658-8278 to reserve a training session or fax the attached form to 4
(916) 658-8240. Please tell Adrienne in some detail about an important issue facing your city so
that we can prepare interview questions that are tailored to your community. Reservations are on
a first-come, first-served basis, so call today!
Reservations will be accepted on a paid first-come, first-served basis. Please note that there is a
$20 charge, refundable as a $20 CityBooks coupon for those who attend the training. No refunds
or coupons will be issued for “no shows.”
On-Camera Interview Training Session Times
Thursday, Sept. 25
2 – 2:45 p.m.
3 – 3:45 p.m.
Friday, Sept. 26
10 –10:45 a.m.
11– 11:45 a.m.
1 – 1:45 p.m.
2 – 2:45 p.m.
3 – 3:45 p.m.
If you get voicemail when making a reservation please:
• Leave a message with your two preferred time slots.
• Tell in some detail about an important issue facing your city so that we can prepare
interview questions that are tailored to your community.
• Leave your complete contact info including cell phone.
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Federal Bill Seeks to Remedy Highway User Trust Fund Shortage
The US Department of Transportation (DOT) announced last week that it would delay
reimbursements to state projects, providing funding once a week instead of twice daily. This is
being done in order to stretch the shrinking Highway User Trust Fund (HTF) balance. To remedy
the situation, increased efforts are being made to pass HR 6532, the Restoration of Highway
Trust Fund Act, through Congress to increase the HTF by $8 billion dollars to cover state
expenditures through the end of the Federal FY 2008.
If the legislation passes, California is estimated to receive $930 million from the account in
funding for highway and mass transit systems. This is approximately one third of California’s
federal highway funding. While some cities may not see an immediate impact through the
changed reimbursement schedule, the shift in reimbursement will be felt directly by the traveling
public and movement of goods as highway projects could be delayed or dropped. This could also
impact other segments of California’s economy through construction employment and reduced
transit services.
The US DOT estimates a zero dollar account balance for the HTF by October 2008 because of
the significant drop in fuel consumption across the nation. The HTF relies on excise tax from
motor fuels and truck-related taxes on truck tires, sales of trucks and trailers, and heavy vehicle
use. The original Highway User Fund focused only on highways but was later split to provide
revenue for mass transit systems.
If HR 6532 is not signed into law by the end of the week, the US DOT will ration their existing
dollars on a pro rata basis, depending on the ratio of reimbursement requests to cash on hand.
This means if the account only has 80 percent of needed funds, states will only be reimbursed at
80 percent of their request for highway projects – many of which have been contracted for
already.
For more information, please read the letter from the National League of Cities urging the
passage of HR 6532. It is posted on the League’s Web site
http://www.cacities.org/resource_files/27192.July%2023%20DB%20Ltr%20to%20Oberstar%20an
d%20Mica.pdf 5
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Court of Appeal Upholds City Ban on Mobile Billboard Advertising
The California Court of Appeal earlier this week upheld the City of West Hollywood’s ordinance
prohibiting all mobile billboard advertising within the city. The case is Showing Animals Respect
and Kindness v. City of West Hollywood.
Showing Animals Respect and Kindness (SHARK) is a nonprofit organization that campaigns
against animal cruelty. The organization operated a truck with four 100-inch video screens
mounted on the outside, which showed scenes of animals being injured or killed. This truck also
had signs protesting animal cruelty and broadcasted the cries of animals being abused. A driver
of the truck was cited for violating the city ordinance which SHARK challenged the ordinance as a
violation of the First Amendment right to free speech.
The Appeal Court determined that the city ordinance was a “content-neutral” regulation, in that it
regulated the manner of speech, not its content. It also also found that the ordinance regulated
both commercial and noncommercial speech, as it applied to all vehicles that drove through city
streets for the primary purpose of advertising, whether they carried commercial or noncommercial
messages.
In addition, the court found that the city’s stated purposes for the ordinance—to promote the safe
movement of vehicular traffic, reduce air pollution, and improve the overall aesthetics of the city—
were significant government interests. The ordinance left SHARK with numerous alternative ways
to effectively communicate its messages. Based on these findings, the court concluded that the
city’s ban against mobile billboard advertising did not violate SHARK’s First Amendment right to
free speech.
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ARB Requests Participation in Sept. 23 Scoping Plan Meeting on
Recycling and Waste
The California Air Resources Board (ARB) is holding a meeting on Sept. 23 in Sacramento as
part of its AB 32 mandated Climate Change Scoping Plan. The Sept. 23 meeting is designed for
professionals in the recycling and waste management sectors. Although the recycling and waste
management sector is not directly included in the proposed cap, ARB is offering those in the
sector the opportunity to talk with staff about the interface between the cap and trade program
and efforts to reduce emissions.
Background:
ARB's Office of Climate Change (OCC) staff is seeking formal comment on the draft to help
inform the final Scoping Plan, scheduled to be released in October. In addition to these more
formal settings, ARB wanted to give each sector the opportunity to meet informally with OCC staff
to discuss the next steps in the process and to hear from local governments directly.
Meeting Details
California Environmental Protection Agency Building, Room 230
1001 I Street
Sacramento, CA
Sept. 23, 1:30 to 3:30 p.m.
*check in at front desk for room confirmation
RSVP
Please RSVP by contacting Mihoyo Fuji, Office of Climate Change, via e-mail at
mfuji@arb.ca.gov.
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6
Summit on Water Policies and Climate Change Scheduled for November
City officials are invited to attend a special summit on water policies and climate change Nov. 13-
14 in Long Beach. Sponsored by the California Department of Water and the Water Education
Foundation, the event will bring together top experts from local water agencies, city and state
government and the water community. The discussion will focus on the effects of climate change
and adaptation on California’s water management.
Program Highlights
With California facing its second consecutive dry year, Gov. Arnold Schwarzenegger has
declared a statewide drought. The existing water system in California was planned and built
before climate change scenarios were considered. The summit is an opportunity for professionals
in the water community to discuss and debate the impact of climate change as well as how best
to handle the risks and uncertainties of water resource management.
Participants will have time to discuss pending federal legislation and learn about the development
of regional climate change models, risk management tools, and the extensive efforts underway to
incorporate planning for climate change into state and local water management policies.\
Topics include:
• Adaptation and management;
• Assessing hydrologic risks;
• Incorporating flood planning into cities’ General Plans;
• Rising sea levels; and
• Preparing for a dry 2009.
Summit Details
The summit is scheduled for Nov. 13-14 at the Long Beach Hilton in Long Beach.
Registration is $250 and includes materials, continental breakfasts, lunch and evening reception
on Nov. 13.
Please register online at www.watereducation.org and click on the Events tab.
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Sustainable Cities Feature: Millbrae Turns Grease into Power
The City of Millbrae recently celebrated a major milestone—it’s turned one million gallons of
waste kitchen grease into energy to power its water pollution control plant. The city of 20,000
residents south of San Francisco started to accept the kitchen grease at the plant in January
2007.
Several years ago, when Millbrae faced having to replace the internal combustion engine that
provided a majority of the power to its water treatment plant, the city commissioned Chevron
Energy Solutions to determine the most cost effective and efficient replacement. The best
solution was a 250 KW/H natural gas (methane) and biogas fired microturbine, however the cost
was prohibitive. Public Works staff realized that the city had surplus “digester” capacity and could
process local restaurant’s kitchen grease into gas and solids to produce electricity to run the
microturbine.
The city requires restaurants to capture kitchen grease eliminated through their dishwashing
systems so it doesn’t drain through the sewer system. Traditionally, this grease would go to the
landfill. Instead, it’s now used to create electricity. City rate payers have not seen an increase in
fees with the new microturbine. The fees the city charges restaurants to take their grease and the
efficiency realized from the new microturbine cover the cost of the equipment.
Mayor Gina Papan recognizes that Millbrae’s accomplishment is no small feat. “One million
gallons of grease is enough to fill 7,000 bathtubs to the top,” said Papan. “When you think of that 7
much grease being kept out of the landfill and transformed into clean energy, it makes you realize
the impact a single city can have in protecting the environment.”
Thanks to this innovative system, Millbrae is considered a sustainable leader. The new
microtubine has great environmental benefits and is annually reducing carbon dioxide emissions
by close to 1.2 million pounds. This is the equivalent of planting 166 acres of trees. The plant
produces 1.7 million kilowatt-hours annually from a renewable resource (grease), reduces air
pollution and keeps waste grease out of the landfill.
There’s an additional side benefit to the new system. The new system produces 80 percent of the
electricity needed to power the plant. The old engine only produced 30 percent of the required
power.
For more information on the City of Millbrae’s sustainability programs please visit
http://www.ci.millbrae.ca.us/index.aspx?page=233.
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Find a Bill, Legislators, Leg Committee, or Ask League Leg Staff
Visit (and bookmark!) the League’s Legislative Resources Web page
(www.cacities.org/legresources). You’ll find a roster and contact information for the League’s
legislative staff; the online Bill Search program, background materials on lobbying your
legislators, and more.
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