March 10, 2006
Issue #10-2006
WANT MORE DETAILS
ON BILLS?
Visit the League of
California Cities
website at
www.cacities.org/
billsearch.
TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS
STATE AGENCIES PROVIDE GUIDANCE ON UNIVERSAL WASTE HANDLING STATE AGENCIES PROVIDE GUIDANCE ON UNIVERSAL WASTE HANDLING STATE AGENCIES PROVIDE GUIDANCE ON UNIVERSAL WASTE HANDLING STATE AGENCIES PROVIDE GUIDANCE ON UNIVERSAL WASTE HANDLING STATE AGENCIES PROVIDE GUIDANCE ON UNIVERSAL WASTE HANDLING
2006 CALIFORNIA COMMUNITIES TRAN PROGRAM AVAILABLE ONLINE 2006 CALIFORNIA COMMUNITIES TRAN PROGRAM AVAILABLE ONLINE 2006 CALIFORNIA COMMUNITIES TRAN PROGRAM AVAILABLE ONLINE 2006 CALIFORNIA COMMUNITIES TRAN PROGRAM AVAILABLE ONLINE 2006 CALIFORNIA COMMUNITIES TRAN PROGRAM AVAILABLE ONLINE
SUPREME COURT UPHOLDS CITY ENFORCEMENT OF NON-DISCRIMINATION SUPREME COURT UPHOLDS CITY ENFORCEMENT OF NON-DISCRIMINATION SUPREME COURT UPHOLDS CITY ENFORCEMENT OF NON-DISCRIMINATION SUPREME COURT UPHOLDS CITY ENFORCEMENT OF NON-DISCRIMINATION SUPREME COURT UPHOLDS CITY ENFORCEMENT OF NON-DISCRIMINATION
POLICY POLICY POLICY POLICY POLICY
2006 PERSONNEL AND EMPLOYEE RELATIONS SEMINAR: REGISTER NOW! 2006 PERSONNEL AND EMPLOYEE RELATIONS SEMINAR: REGISTER NOW! 2006 PERSONNEL AND EMPLOYEE RELATIONS SEMINAR: REGISTER NOW! 2006 PERSONNEL AND EMPLOYEE RELATIONS SEMINAR: REGISTER NOW! 2006 PERSONNEL AND EMPLOYEE RELATIONS SEMINAR: REGISTER NOW!
2006 FLOOD CONTROL BILLS INTRODUCED 2006 FLOOD CONTROL BILLS INTRODUCED 2006 FLOOD CONTROL BILLS INTRODUCED 2006 FLOOD CONTROL BILLS INTRODUCED 2006 FLOOD CONTROL BILLS INTRODUCED
ENTER THE 2006 HELEN PUTNAM AWARD FOR EXCELLENCE PROGRAM ENTER THE 2006 HELEN PUTNAM AWARD FOR EXCELLENCE PROGRAM ENTER THE 2006 HELEN PUTNAM AWARD FOR EXCELLENCE PROGRAM ENTER THE 2006 HELEN PUTNAM AWARD FOR EXCELLENCE PROGRAM ENTER THE 2006 HELEN PUTNAM AWARD FOR EXCELLENCE PROGRAM
Page 2 Page 2 Page 2 Page 2 Page 2
Page 3 Page 3 Page 3 Page 3 Page 3
Page 4 Page 4 Page 4 Page 4 Page 4
The California Infrastructure Coalition (CIC) — of which the League is a
member – continued its push this week to encourage the governor and legis-
lators to work together to pass an infrastructure bond that would be placed on
the June 2006 ballot. For more, see Page 9.
???????????????????????? ??????????????
INFRASTRUCTURE COALITION CONTINUES INFRASTRUCTURE COALITION CONTINUES INFRASTRUCTURE COALITION CONTINUES INFRASTRUCTURE COALITION CONTINUES INFRASTRUCTURE COALITION CONTINUES
PUSH FOR JUNE BALLOT PUSH FOR JUNE BALLOT PUSH FOR JUNE BALLOT PUSH FOR JUNE BALLOT PUSH FOR JUNE BALLOT
The League of California Cities and the California Association of Local
Agency Formation Commissions (LAFCO) is sponsoring AB 2158 – a bill
drafted by Assemblymember Noreen Evans regarding improved coordination
with LAFCO on housing allocations. For more, see Page 4.
??????????????????????? ???????????????
LEAGUE URGES SUPPORT OF AB 2158 LEAGUE URGES SUPPORT OF AB 2158 LEAGUE URGES SUPPORT OF AB 2158 LEAGUE URGES SUPPORT OF AB 2158 LEAGUE URGES SUPPORT OF AB 2158
Negotiations over an infrastructure bond proposal switched from the
conference committee that was assigned the issue, to the highest levels of
legislative leadership and the governor. There has been an intense effort this
week on the part of the “Big 5” to meet the March 10 deadline (today) for
placing an infrastructure package on the June ballot. At this writing, however,
no deal had been reached. For more, see Page 10.
AN INTENSE WEEK OF INFRASTRUCTURE BOND AN INTENSE WEEK OF INFRASTRUCTURE BOND AN INTENSE WEEK OF INFRASTRUCTURE BOND AN INTENSE WEEK OF INFRASTRUCTURE BOND AN INTENSE WEEK OF INFRASTRUCTURE BOND
NEGOTIATIONS CONCLUDES WITH NO DEAL ... YET! NEGOTIATIONS CONCLUDES WITH NO DEAL ... YET! NEGOTIATIONS CONCLUDES WITH NO DEAL ... YET! NEGOTIATIONS CONCLUDES WITH NO DEAL ... YET! NEGOTIATIONS CONCLUDES WITH NO DEAL ... YET!
Page 5 Page 5 Page 5 Page 5 Page 5
Page 9 Page 9 Page 9 Page 9 Page 9Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS
March 10, 2006 - Issue #10
AT&T-BellSouth Merger Could Slow Telecom
Debate
A proposed merger between AT&T and
BellSouth may slow the process for telecommuni-
cations reform this year.
The merger will undergo extensive scrutiny,
particularly as it comes on the heels of AT&T
acquiring SBC four months ago, and removes
another competitor from the industry.
For the complete story, visit
www.njtelecomupdate.com, and search for the
article titled “Proposed AT&T-BellSouth Merger
Could Slow Telecom Bill Debate.”
AT&T Consultant Criticizes Build-Out Re-
quirements
Bruce Fein, former general counsel of the
Federal Communications Commission and a
consultant to AT&T, has written a commentary
piece for The Washington Times, lashing out at
local government build-out requirements for
broadband access.
Fein argues that Congress should do-away
with municipal build-out requirements in favor of a
“consumer-friendly” federal statute that would
allow phone companies to compete on the video
market with cable because of the public advan-
tages provided by broadband access.
To read Fein’s commentary, visit
www.washingtontimes.com/commentary/ and
search for “Build-out follies.”
Video Franchising Discussions Increase at
State Level
Legislation to streamline the processes for
authorizing franchise agreements at the state level
are increasing. Once Texas passed its law last
year, a number of states have followed suit.
Virginia and Indiana only need gubernatorial
signatures for their new telecommunications
franchising legislation to become law, while
Kansas, Missouri, New Jersey and South Carolina
have proposals on the table. California, Florida,
Louisiana, Michigan and North Carolina are also
involved in telecommunications reform discus-
sion.
For the complete story, visit
www.njtelecomupdate.com and search for the
article titled “Video Franchising Debate Acceler-
ates At State Level.”
TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS TELECOM IN THE NEWS
????? ???????????????????
The California Integrated Waste Management
Board (CIWMB) and the Department of Toxic
Substances Control (DTSC) have issued a joint
guidance letter on handling universal wastes, as
well as a list of Frequently Asked Questions
(FAQ).
The temporary exemption to dispose of univer-
sal wastes in landfills ended on February 8. Many
questions about the disposal prohibition of univer-
sal wastes have been posed by local govern-
ments, waste haulers and others organization
including the League. The guidance materials
were issued to provide clarity in response to those
questions and are available on the DTSC website
at www.dtsc.ca.gov.
Universal wastes are hazardous wastes that
are generated by a wide variety of people. Ex-
amples include batteries and fluorescent tubes.
Universal waste rules allow common, low-hazard
wastes to be managed under less stringent
requirements than other hazardous wastes.
CIWMB and DTSC indicate that they will
update the FAQ resource to respond to new
questions that arise. The February 2006 joint
CIWB-DTSC letter provide indicates the contacts
to be used to pose new questions.
STATE AGENCIES PROVIDE GUIDANCE STATE AGENCIES PROVIDE GUIDANCE STATE AGENCIES PROVIDE GUIDANCE STATE AGENCIES PROVIDE GUIDANCE STATE AGENCIES PROVIDE GUIDANCE
ON UNIVERSAL WASTE HANDLING ON UNIVERSAL WASTE HANDLING ON UNIVERSAL WASTE HANDLING ON UNIVERSAL WASTE HANDLING ON UNIVERSAL WASTE HANDLINGPRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org
March 10, 2006 - Issue #10
The League of California Cities is pleased to
announce the availability of the 2006 California
Communities Tax and Revenue Anticipation Note
(TRAN) Program online. California Communities is
the Joint Powers Authority (JPA) sponsored by the
League and the California State Association of
Counties (CSAC) that provides low-cost financing
options to local government and public entities.
To enroll in the 2006 TRAN program, visit
www.cscda.qwikdox.com.
In addition, California Communities is offering a
new product through the 2006 TRAN Program
called Discount Prepayment Notes. Cities can
issue TRANs to finance the prepayment of certain
costs at the beginning of the fiscal year and lever-
age the benefits of available discounts.
A web-hosted conference call with information
about Discount Prepayment Notes will be available
on Wednesday, March 22, from 10 a.m. to 11
a.m. To view the web-hosted presentation, visit
www.callinfo.com.
To access the audio portion of the call dial
(866) 365-4406 and enter access code 3624137#.
The 2006 TRAN Program represents the 14th
year that the League has sponsored a TRAN
program through the California Statewide Commu-
nities Development Authority. The program has
provided nearly $6 billion in cash flow financing to
nearly 150 California cities, counties and special
districts since 1993.
For more information, please contact Dan
Harrison at (916) 658-8267 and
dharrison@cacities.org, or Catherine Bando, the
program financial advisor of RBC Capital Markets,
at (213) 362-4137 and
catherine.bando@rbcdain.com. Additional details
on the TRAN program can be found at
www.cacommunities.org or
www.cscda.qwikdox.com.
2006 CALIFORNIA COMMUNITIES TRAN 2006 CALIFORNIA COMMUNITIES TRAN 2006 CALIFORNIA COMMUNITIES TRAN 2006 CALIFORNIA COMMUNITIES TRAN 2006 CALIFORNIA COMMUNITIES TRAN
PROGRAM AVAILABLE ONLINE PROGRAM AVAILABLE ONLINE PROGRAM AVAILABLE ONLINE PROGRAM AVAILABLE ONLINE PROGRAM AVAILABLE ONLINE
In a unanimous decision, the California
Supreme Court has ruled that the City of
Berkeley’s enforcement of its non-discrimination
policy, adopted as part of the City’s program to
provide free marina berths to non-profit organiza-
tions, did not violate the constitutional rights of an
organization whose parent group had a policy of
excluding homosexuals and atheists.
Berkeley, in the past, had provided free berth
space to the Sea Scout local chapter, an organi-
zation whose parent group is the regional council
of the Boy Scouts of America. In 1997, Berkeley
adopted a policy governing the award of free
berths to non-profit organizations.
In order to qualify for a free berth, the organi-
zation must not limit a person’s access to marina
facilities on any of several improper bases,
including the person’s religion or sexual orienta-
tion.
The Sea Scouts, given their affiliation with the
Boy Scouts of America, were unable to unam-
biguously represent that they would not discrimi-
nate against homosexuals or atheists in the
future.
Berkley determined that the Sea Scouts could
not comply with the City’s non-discrimination
policy, and therefore, declined to provide the Sea
Scout’s with a free berth. Members of the Sea
Scouts sued Berkeley, alleging violations of their
constitutional rights of free speech and associa-
tion.
The Supreme Court disagreed, and held that
a city may constitutionally require someone
receiving public funding or a public subsidy to
provide written, unambiguous assurances that
they will comply with the city’s generally appli-
cable nondiscrimination policy. The Court held
that Berkeley reasonably concluded that the Sea
Scouts had not provided those unambiguous
assurances, and therefore, Berkeley was not
Continued on Page 4
SUPREME COURT UPHOLDS CITY SUPREME COURT UPHOLDS CITY SUPREME COURT UPHOLDS CITY SUPREME COURT UPHOLDS CITY SUPREME COURT UPHOLDS CITY
ENFORCEMENT OF NON- ENFORCEMENT OF NON- ENFORCEMENT OF NON- ENFORCEMENT OF NON- ENFORCEMENT OF NON-
DISCRIMINATION POLICY DISCRIMINATION POLICY DISCRIMINATION POLICY DISCRIMINATION POLICY DISCRIMINATION POLICYVisit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS
March 10, 2006 - Issue #10
Are you involved in personnel and
employee relations? Then don’t miss the
League of California Cities’ 2006 Personnel
and Employee Relations Seminar!
The seminar will be held in two locations
this year – April 20, at the Civic and Cultural
Center in Brea and April 25, at the Foster
City Recreation Center in Foster City.
Human resources and personnel direc-
tors and analysts, and employee relations
officers will want to attend this program,
which is organized in an information-packed
one-day format. This year’s seminar will
cover the latest issues in health care,
industrial disability retirement and workers
compensation, along with briefings on key
legal and PERS development, legislative
updates, and networking opportunities with
other human resources professionals.
Cost of this seminar is $105 for city
officials, $125 for other public officials, and
$145 for all other registrants. More informa-
tion and registration is available online at
www.cacities.org/events. Registration
forms may also be printed and mailed, or
faxed, but all forms must be postmarked or
received by April 14.
2006 PERSONNEL AND 2006 PERSONNEL AND 2006 PERSONNEL AND 2006 PERSONNEL AND 2006 PERSONNEL AND
EMPLOYEE RELATIONS SEMINAR EMPLOYEE RELATIONS SEMINAR EMPLOYEE RELATIONS SEMINAR EMPLOYEE RELATIONS SEMINAR EMPLOYEE RELATIONS SEMINAR
REGISTER NOW! REGISTER NOW! REGISTER NOW! REGISTER NOW! REGISTER NOW!
legally obligated to provide the Sea Scouts with
free berths.
The case is Evans v. City of Berkeley, 2006
WL 560613 (March 9, 2006). As this case has the
potential to be appealed to the United States
Supreme Court, the Legal Advocacy Committee
will continue to monitor it.
The League appreciates the San Francisco
City Attorney’s office for drafting the friend of the
court brief in this case on the League’s behalf.
SUPREME COURT SUPREME COURT SUPREME COURT SUPREME COURT SUPREME COURT from page from page from page from page from page 3 3 3 3 3
The League has taken a support position on
AB 2158 and encourages cities to do so as well.
The measure requires Councils of Govern-
ments (COGs) to consider LAFCO policies
relating to logical and orderly growth when devel-
opment a methodology to distribute regional
housing needs assessments (RHNA) to local
governments under state Housing Element law.
Current law allows LAFCOs to review, ap-
prove or deny proposals for boundary changes
and incorporations for cities, counties and special
districts. The RHNA process is a separate state
process where COGs allocate housing zoning
quotas to individual cities and counties.
The difficulty is that there is no coordination
required between LAFCOs and COGs on these
issues, which can lead to unrealistic housing
allocations to cities, and increased pressure to
expand housing development within counties on
prime farmland.
AB 2158’s requirement of better coordination
between COGs and LAFCOs will lead to more
informed decisions regarding the RHNA process,
resulting in better and smarter land use planning
in California.
To read the text of the bill, as introduced,
please visit the League website at
www.cacities.org. Click “Bill Search” and search
for AB 2158.
????????? ?????
AB 2158 AB 2158 AB 2158 AB 2158 AB 2158 from page 1 from page 1 from page 1 from page 1 from page 1
Restore and protect local control for cities
through education and advocacy to
enhance the quality of life for all Californians.
Our MissionPRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org
March 10, 2006 - Issue #10
• AB 797 (Wolk) Sacramento-San Joaquin Delta. This bill would increase the member-
ship of the Delta Protection Commission from 19 to 23 members.
• AB 798 (Wolk) Delta Levee Maintenance. The intent of this bill is to extend the current
Sacramento-San Joaquin Delta levee maintenance and improvement program, which allows for
75 percent of the local agency costs, in excess of $1,000 per levee mile, to be reimbursed by the
state until July 1, 2006. This bill will likely be a vehicle to extend this program until July 1, 2008.
• AB 802 (Wolk) Flood Protection and Safety Element. Although this bill currently ad-
dresses the conservation and safety elements of the general plan, it is anticipated that this bill will
ultimately be the vehicle to enhance provisions in the safety element that address flood safety.
The League is working closely with the author’s office and other stakeholders to craft a bill that is
acceptable.
• AB 1665 (Laird) Flood Control. This bill would rename the Reclamation Board the
Central Valley Flood Management Board. It would make a variety of changes to how the Recla-
mation Board currently operates. This bill stalled at the end of the 2005 session and it is antici-
pated that this bill may become the vehicle for other flood control related issues.
• AB 1839 (Laird) Water: Flood Protection. This bill is identical to SB 1166 and contains
the governor’s flood and water bond program.
• AB 1877 (Nakanishi) Streambed Alteration Agreements: Levee or Flood Control
Systems: Notification. For routine maintenance of a levee or flood control system that is sub-
stantially equivalent to prior activities with the levee or flood control system, this bill would require
the agency proposing the maintenance to provide written notice to the Department of Fish and
Game prior to beginning the maintenance.
• AB 1898 (Jones) Flood Insurance. This bill would require property owners to purchase
federal flood insurance if their property is in a levee protection/inundation zones with less than 200
year flood protection.
2006 FLOOD CONTROL BILLS INTRODUCED 2006 FLOOD CONTROL BILLS INTRODUCED 2006 FLOOD CONTROL BILLS INTRODUCED 2006 FLOOD CONTROL BILLS INTRODUCED 2006 FLOOD CONTROL BILLS INTRODUCED
A large number of flood control bills have been introduced in the California Legislature in this ses-
sion. The bills range from providing funding for specific flood management projects to establishing a
user fee system for levee maintenance and proving that adequate flood control exists prior to approving
development in flood prone areas.
See below for an overview of the flood control bills that are currently in the Legislature.
Please note that many of these bills are in spot form and will change substantially. Except as
noted, the League of California Cities has a watch position on these bills and is involved in
negotiations on many of them.
Continued on Page 6
2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLSVisit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS
March 10, 2006 - Issue #10
• AB 1899 (Wolk) Land Use: Flood Protection. This bill is the vehicle for the ongoing
discussions regarding the so-called “show me the flood protection” concept, which would require
demonstration of adequate flood protection before local governments can approve development.
The League is closely involved in stakeholder meetings regarding AB 1899.
• AB 2026 (Aghazarian) Flood Control. This bill would require the Reclamation Board to
give highest consideration to projects that would protect the health and safety of the public when
establishing and enforcing standards for the maintenance and operation of levees, channels and
other flood control works.
• AB 2027 (La Malfa) Flood Control Projects. This bill would allow projects that may
result in a net long-term loss of riparian, fisheries or wildlife habitat to be eligible for delta levees
maintenance subventions and financing through the special delta flood protection program.
• AB 2029 (Villines) State of Emergency: Imminent Breach/Failure Flood Threat
Emergency. This bill would include an imminent breach or failure flood threat emergency within
the items that the governor may declare a State of Emergency for.
• AB 2162 (Maze) Flood Control & Environmental Restoration Projects: Levees:
Transfers. This bill would prohibit the Department of Water Resources, the Reclamation Board
or the California Bay Delta Authority from authorizing funds on behalf of a flood control or environ-
mental restoration project that would transfer all or part of the ownership of a levee or flood
control facility to a non-public entity.
• AB 2208 (Jones) Delta Levee and Conveyance System: Water Use Fees. This is
currently a spot bill. The intent is that it will become a bill to impose a fee on water users of delta
water to fund improvements to the system.
• AB 2348 (Laird) Flood Control: Pajaro River. This bill would authorize a flood control
project on the Pajaro River to be paid for by the state, if recommended by the Department of
Water Resources. The project itself would be carried out by Monterey and Santa Cruz Counties.
• AB 2500 (Laird) Project Levees: Upgrade Funds: Local Safety Plans. This bill would
prohibit the state from spending funds for the upgrade of a project area that protects an urban
area with more than 10,000 people unless the beneficiary city or county agrees to adopt a safety
plan within three years.
If the beneficiary city or county is not responsible for the maintenance of the project levee,
they may require the local flood control agency to carry out the safety plan.
• AB 2518 (Houston) CEQA. This bill would exempt an activity or approval by the Recla-
mation Board, State Water Resources Control Board or a local agency for a project to maintain
levees from CEQA.
2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS from page 5 from page 5 from page 5 from page 5 from page 5
Continued on Page 7
???????????? ?????????????PRIORITY FOCUS - PAGE 7 Visit the League’s Official Website--www.cacities.org
March 10, 2006 - Issue #10
• AB 2598 (Houston) Reclamation Districts. This is currently a spot bill.
• AB 3022 (Umberg) Flood Control: Safety Element. This bill would require a General
Plan Safety Element to address flood management factors for residential units within a 100-
year flood plain, and require that the local agency consider requiring developers to pay the cost
of the first four years of flood insurance for new residential units.
The bill would also require a notification at the time of sale or lease that the residential
property is within a 100-year flood plain.
• AB 3025 (La Malfa) Reclamation Board: Mitigation Plans. This bill would prohibit a
mitigation plan from requiring the acquisition or designation of a total amount of land for riparian,
fishery or wildlife habitat that exceeds the total acreage of riparian, fishery or wildlife habitat
adversely affected by a project.
• AB 3050 (Judiciary Committee) Flood Control Liability. This bill is a vehicle to
require local governments that approve development in flood zones to share the state’s liability
for damages caused by flooding, to the extent that the local agency increased the state’s
exposure to liability by approving new development in a previously undeveloped area, defined as
land zone for agriculture or open space.
• ACA 13 (Harman) Local Government: Assessments and fees or charges. If passed
by the legislature, ACA 13 would appear on the next statewide general election. If passed by the
voters, it would authorize cities and counties to adopt storm water and flood control fees without
voter approval.
This is similar to fees that are already exempt from the voter approval process of Proposi-
tion 218 for sewer, water or refuse collection services. The League supports ACA 13.
• SB 1166 (Aaenstad & Machado) Water: Flood Protection. This bill is identical to AB
1839 and contains the governor’s flood and water bond program.
• SB 1251 (Alquist) Flood and Stormwater Management Planning. This bill would
reconvene the California Floodplain Management Task Force, or a similar broad stakeholder
group, to prepare a comprehensive statewide flood and stormwater management plan similar to
the California Water Plan.
• SB 1343 (Chesbro) Flood Control: Middle Creek Ecosystem Restoration Project.
This bill would authorize the Department of Water Resources to pay 50 percent of the non-
federal capital costs for a flood control and habitat restoration project of the Middle Creek
Ecosystem in Lake County.
????? ????????????????????
Continued on Page 8
2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS from page 6 from page 6 from page 6 from page 6 from page 6Visit the League’s Official Website--www.cacities.org PAGE 8 - PRIORITY FOCUS
March 10, 2006 - Issue #10
• SB 1446 (Torlakson) User Fees and Assessments: Sacramento-San Joaquin
Delta Flood Control. This is currently a spot bill. The intent is that it will become a bill to
authorize the Reclamation Board to establish a beneficiary pays system to collect user fees
and assessments for levee maintenance and other flood control purposes in the Delta.
• SB 1527 (Aanestad) Flood Control. This bill would require the Reclamation Board to
prepare a master Environmental Impact Report in connection with routine operation and main-
tenance activities, and rehabilitation and repair activities undertaken by the Board or local
agencies on behalf of the Sacramento River Flood Control Project.
• SB 1612 (Simitian) SF Bay - Sacramento - San Joaquin Delta. This is currently a
spot bill.
• SB 1617 (McClintock) Streambed Alteration Agreements: Emergency Work. This
bill would expand CEQA emergency work exemptions to include emergency work declared by
the governing body of a local governmental agency, by resolution adopted by a majority vote, if
necessary to prevent or mitigate immediate future loss or damage to life, health, property or
essential public services that are likely to occur as a result of fire, flood, storm, earthquake,
land subsidence, gradual earth movement or landslide.
There is currently a similar exemption for areas declared a state of emergency by the
governor.
• SB 1647 (Kuehl) Reclamation Board. This is currently a spot bill.
• SB 1796 (Florez) Reclamation Board. This bill would rename the Reclamation Board
the Central Valley Flood Protection Board, and would change the composition of the Board
members. The Board would be required to prepare and adopt a strategic flood control plan by
January 1, 2008, and to update standards for levee construction, operation and maintenance
every five years.
The Board would also be authorized to review local and regional land use plans, review and
revise local flood control plans. Finally, the Board would be prohibited from allocating any funds
to a local public agency for flood control unless the Board determines that the project ensures
adequate flood protection.
?????????????? ???????????
2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS 2006 FLOOD CONTROL BILLS from page 7 from page 7 from page 7 from page 7 from page 7PRIORITY FOCUS - PAGE 9 Visit the League’s Official Website--www.cacities.org
March 10, 2006 - Issue #10
The group held press conferences in San
Francisco and the Coachella Valley, even as city
officials and other members of the coalition
organizations were contacting their legislators and
the government to encourage action before March
10 – the cut-off date to bring a measure to the
June ballot.
With growing indications that state leaders
were working hard on a consensus bond package,
the CIC message continued to focus on encour-
aging leaders to act collaboratively and not press-
ing one approach over another.
Speaking at the San Francisco press confer-
ence on March 7, CIC Chair and League of Cali-
fornia Cities Executive Director Chris McKenzie
stressed the importance of investing in infrastruc-
ture now, as opposed to waiting for the November
ballot, when election year politics may make it
even more difficult to reach consensus on a
package.
“Our leaders are working together to address
California’s pressing infrastructure needs, but we
urge them to keep up their efforts and agree on a
solution,” McKenzie said.
San Francisco Supervisor Sophie Maxwell, Bill
Nack, executive officer of the Building and Con-
struction Trades Council of San Mateo County,
and Jim Wunderman, president and chief execu-
tive officer of the Bay Area Council, joined
McKenzie in addressing the media and getting out
the message.
“We thank our state leaders for their hard work
to date, but now we’re asking them to continue
that work to pass a package that can get to the
June ballot,” added Maxwell. “Our citizens can’t
afford to wait. We need progress on infrastruc-
ture, and we need it this year.”
Coachella Valley Leaders and CIC
Members Gather in Palm Desert
On Wednesday, March 8, the message contin-
ued with the theme “3 Days to Take Care of the
Next Generation,” as Coachella Valley elected
officials and civic leaders joined the statewide
effort to have a bi-partisan infrastructure bond
measure passed in time for placement on the
June ballot.
Speaking at a news conference in Palm
Desert, Palm Springs Mayor Pro Tem Dick Kelly
said that infrastructure was as important in
Coachella Valley as it is in all parts of the state – a
comment echoed by La Quinta City Council
Member T erry Henderson.
“It doesn’t matter where you live – the lack of
funding for infrastructure is holding us back as a
state,” Henderson said.
Joining Kelly and Henderson were Chris
McKenzie, Joe Mulleneaux, business representa-
tive of Operating Engineers Local 12, and Califor-
nia School Board Association Member Barbara
Tooker.
CIC CIC CIC CIC CIC from page 1 from page 1 from page 1 from page 1 from page 1
????? ??????????????????????????????????????????????
This program recognizes outstanding cities
that deliver the highest quality and level of
service in the most effective manner pos-
sible. Particular credit and attention is given
to applications specifically advancing the
League’s strategic priorities.
Visit www.cacities.org/helenputnam for
details on the program and how to enter!
CALLING ALL CALIFORNIA CITIES! CALLING ALL CALIFORNIA CITIES! CALLING ALL CALIFORNIA CITIES! CALLING ALL CALIFORNIA CITIES! CALLING ALL CALIFORNIA CITIES!
SING Your City’s Praises by entering
the 2006 Helen Putnam Award for
Excellence Program.Visit the League’s Official Website--www.cacities.org PAGE 10 - PRIORITY FOCUS
March 10, 2006 - Issue #10
?????????????????????????????????????? ? INFRASTRUCTURE INFRASTRUCTURE INFRASTRUCTURE INFRASTRUCTURE INFRASTRUCTURE from page 1 from page 1 from page 1 from page 1 from page 1
This week, the Secretary of State indicated
that there was a possibility to move the deadline
until no later than Monday. Information on
progress regarding an infrastructure package is
changing by the minute. It is uncertain what the
priorities for funding will be and how large a bond
package will emerge if a deal can be reached.
When visiting legislative offices this week,
League staff heard similar messages to those
reported in the news: that a deal among the
governor, Senate and Assembly Democrats and
Senate Republicans appears close.
In the midst of this intense debate, the Assem-
bly Republican Caucus smoothly changed its
leadership. After Assembly Minority Leader Kevin
McCarthy announced his plans to run for Con-
gress and step down as minority leader, the
caucus elected George Plescia from the San
Diego area to replace McCarthy.
The Senate appears to be the house where
most of the initiative is coming from to put a bond
measure on the ballot. At a League meeting on
March 7, Sen. Bob Dutton, a key player for the
Senate Republican Caucus, offered hope that a
deal would be reached in time for the June ballot.
At an Oakland Chamber of Commerce event
on March 8, Senate Leader pro Tem Don Perata
commented that there is no reason an infrastruc-
ture package shouldn’t be on the June ballot. He
stated that the bond negotiations have been taking
place because of the pressure people have put on
the Capitol.
Last evening, a 6 p.m. legislative session in
both houses was cancelled when it became
apparent that no deal could be reached in time to
act. After the cancellation of the session, all
parties continued to sound optimistic that a deal
could be struck on an infrastructure package.
Sen. Don Perata indicated that he intends to
have the Senate vote on a bill before midnight on
March 10 (today). The Assembly has recessed for
the weekend, but the Speaker has put members
on notice that they may be called back to Sacra-
mento if a deal comes together. The Senate
session scheduled for March 10 at noon was also
cancelled. If a deal “happens,” it is building up to a
real cliff-hanger.
The League remains hopeful that a deal will be
reached to place an infrastructure package on the
June ballot, where polling indicates that chances of
it passing are favorable. The November ballot will
likely be crowded with numerous other initiatives
as well as candidate elections for major statewide
offices, which always changes the political land-
scape and clouds the outcome of any measure.
For more information on efforts being made
statewide to encourage getting an infrastructure
bond on the June ballot, see “Infrastructure
Coalition Continues Push for June Ballot.”
Editor’s Note: At press time, the deadline
for a bi-partisan consensus on an infrastruc-
ture package was still pending. For the most
recent developments on this issue, please
check the League’s website at
www.cacities.org.
Only Western City magazine brings you
practical ideas and information you need to
know about local government in California.
Western City magazine presents big-picture
policy issues and trends in a format suited
for busy professionals, with concise feature
articles and in-depth series that explore
statewide issues. Stay informed about city
issues across California. Subscribe today.
Visit: www.westerncity.com/pf.
You Could Have Your Own
Subscription to
Western City magazine.
Subscribe Today!
March 17, 2006
Issue #11-2006
WANT MORE DETAILS
ON BILLS?
Visit the League of
California Cities
website at
www.cacities.org/
billsearch.
APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE
LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT
PROP 42 ‘FIX’ INITIATIVE CONTINUES SIGNATURE-GATHERING PUSH PROP 42 ‘FIX’ INITIATIVE CONTINUES SIGNATURE-GATHERING PUSH PROP 42 ‘FIX’ INITIATIVE CONTINUES SIGNATURE-GATHERING PUSH PROP 42 ‘FIX’ INITIATIVE CONTINUES SIGNATURE-GATHERING PUSH PROP 42 ‘FIX’ INITIATIVE CONTINUES SIGNATURE-GATHERING PUSH
CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG, CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG, CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG, CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG, CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG,
OTHER PRIORITIES OTHER PRIORITIES OTHER PRIORITIES OTHER PRIORITIES OTHER PRIORITIES
SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG, HEALTH CARE SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG, HEALTH CARE SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG, HEALTH CARE SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG, HEALTH CARE SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG, HEALTH CARE
COSTS, TRAFFIC AND AFFORDABLE HOUSING COSTS, TRAFFIC AND AFFORDABLE HOUSING COSTS, TRAFFIC AND AFFORDABLE HOUSING COSTS, TRAFFIC AND AFFORDABLE HOUSING COSTS, TRAFFIC AND AFFORDABLE HOUSING
PROPOSITION 81 - LIBRARY BOND STILL ON JUNE 2006 BALLOT PROPOSITION 81 - LIBRARY BOND STILL ON JUNE 2006 BALLOT PROPOSITION 81 - LIBRARY BOND STILL ON JUNE 2006 BALLOT PROPOSITION 81 - LIBRARY BOND STILL ON JUNE 2006 BALLOT PROPOSITION 81 - LIBRARY BOND STILL ON JUNE 2006 BALLOT
Page 2 Page 2 Page 2 Page 2 Page 2
Page 3 Page 3 Page 3 Page 3 Page 3
Page 4 Page 4 Page 4 Page 4 Page 4
California city officials who lobbied their Congressional representatives
this week during the National League of Cities’ (NLC) Congressional Cities
Conference in Washington, D.C., came away deeply concerned about the
possible emergence of a national telecommunications franchising approach in
the House of Representatives. For more, see Page 7.
???????????????????????? ??????????????
HOUSE COMMITTEE LIKELY TO MOVE ON HOUSE COMMITTEE LIKELY TO MOVE ON HOUSE COMMITTEE LIKELY TO MOVE ON HOUSE COMMITTEE LIKELY TO MOVE ON HOUSE COMMITTEE LIKELY TO MOVE ON
NATIONAL TELECOM FRANCHISE NATIONAL TELECOM FRANCHISE NATIONAL TELECOM FRANCHISE NATIONAL TELECOM FRANCHISE NATIONAL TELECOM FRANCHISE
CDBG FUNDING STILL AT RISK CDBG FUNDING STILL AT RISK CDBG FUNDING STILL AT RISK CDBG FUNDING STILL AT RISK CDBG FUNDING STILL AT RISK
???????????????????????? ??????????????
SB 1754 (Lowenthal) a League-sponsored housing measure designed to
foster collaborative local and regional approaches to achieve housing density
and affordable housing goals, is set for hearing in the Senate Local Govern-
ment Committee on April 5. For more, see Page 8.
SB 1754 (LOWENTHAL): LEAGUE-SPONSORED MEASURE SEEKS SB 1754 (LOWENTHAL): LEAGUE-SPONSORED MEASURE SEEKS SB 1754 (LOWENTHAL): LEAGUE-SPONSORED MEASURE SEEKS SB 1754 (LOWENTHAL): LEAGUE-SPONSORED MEASURE SEEKS SB 1754 (LOWENTHAL): LEAGUE-SPONSORED MEASURE SEEKS
COLLABORATIVE HOUSING SOLUTIONS COLLABORATIVE HOUSING SOLUTIONS COLLABORATIVE HOUSING SOLUTIONS COLLABORATIVE HOUSING SOLUTIONS COLLABORATIVE HOUSING SOLUTIONS
LEGISLATURE FAILS TO PASS INFRASTRUCTURE BOND LEGISLATURE FAILS TO PASS INFRASTRUCTURE BOND LEGISLATURE FAILS TO PASS INFRASTRUCTURE BOND LEGISLATURE FAILS TO PASS INFRASTRUCTURE BOND LEGISLATURE FAILS TO PASS INFRASTRUCTURE BOND
PACKAGE FOR JUNE BALLOT PACKAGE FOR JUNE BALLOT PACKAGE FOR JUNE BALLOT PACKAGE FOR JUNE BALLOT PACKAGE FOR JUNE BALLOT
The up and down, go, no-go, roller coaster-like effort in the Legislature to pass
a state infrastructure bond in time for the June 2006 ballot ended this week with a
loud thud. For more, see Page 5.
Page 6 Page 6 Page 6 Page 6 Page 6
HOT BILLS
SUPPORT SB
1784 (Lowenthal).
Housing and infill
infrastructure financ-
ing districts.Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS
March 17, 2006 - Issue #11
The League of California Cities’ Mayors and
Council Members Department is seeking enthusi-
astic elected officials who are interested in be-
coming first vice president or second vice presi-
dent of the department. Both positions have a
one-year term.
Department officers are elected each year at
the Mayors and Council Members Department
business meeting that is held at the League’s
Annual Conference. Due to special circum-
stances, however, the department will be accept-
ing nominations for officers during the business
meeting of the Mayors and Council Members
Executive Forum on July 28, in Monterey.
This year, the applicants for first vice president
need to be from a city in Southern California, and
the applicants for second vice president need to
be from a city in Northern California.
The first vice president acts in the place of the
president during the president’s absence or
inability to act and is responsible for overseeing
the strategic planning effort of the department.
The first vice president shall also perform any
other duties assigned by the president.
The second vice president’s responsibilities
include acting in the place of the president and
first vice president in case of absence or inability
to act. The second vice president is also charged
with overseeing the Mayors and Council Members’
Academy (MCA) and for performing any other
duties assigned by the president.
The following qualifications will be used as a
basis for selection:
• The individual’s professional reputation;
• The individual’s perspective on city
service;
• The individual’s contribution to the ethnic
and gender diversity of the department
officers;
• The location of the individual’s city;
• Whether the individual has demonstrated a
commitment to serving and strengthen-
ing the department;
• Whether the individual is in the position to
provide energetic leadership;
• The individual’s depth of knowledge of and
experience with city government;
• The individual’s involvement in inter
governmental activities.
If you are interested in either of these positions
within the League’s Mayors and Council Members
Department, please fill out the attached nomina-
tion form and send it to Tony Cárdenas at
tcardenas@cacities.org, or via mail at 1400 K
Street, Suite 400, Sacramento, CA 95814.
Selections will be made on the floor of the
department’s business meeting on Friday, July 28,
from 7:45 a.m. to 9 a.m. If you have any ques-
tions, please feel free to call at Tony at (916) 658-
8243.
APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE APPLICATIONS NOW BEING ACCEPTED FOR LEADERSHIP POSITIONS IN THE
LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT LEAGUE’S MAYORS AND COUNCIL MEMBERS DEPARTMENT
????? ???????????????????
Continued on Page 5
Californians to Improve Traffic Safety Now,
the coalition that includes the League of California
Cities and other organizations sponsoring an
initiative to stabilize Prop. 42 funding for transporta-
tion, issued a press statement this week announc-
ing that they have gathered more than half of the 1
million signatures needed to qualify the initiative for
the November ballot:
“Our signature gathering drive remains at full
throttle. As of 3/16/06, we have collected more than
560,000 signatures. We have no doubt that we will
garner the 1 million signatures needed by early
May to qualify our measure.”
The campaign also asserted that, with the
breakdown in infrastructure discussions in the
Legislature, “Our initiative (is the) ‘Only Game in
Town’”:
PROP 42 ‘FIX’ INITIATIVE CONTINUES PROP 42 ‘FIX’ INITIATIVE CONTINUES PROP 42 ‘FIX’ INITIATIVE CONTINUES PROP 42 ‘FIX’ INITIATIVE CONTINUES PROP 42 ‘FIX’ INITIATIVE CONTINUES
SIGNATURE-GATHERING PUSH SIGNATURE-GATHERING PUSH SIGNATURE-GATHERING PUSH SIGNATURE-GATHERING PUSH SIGNATURE-GATHERING PUSHPRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org
March 17, 2006 - Issue #11
California city officials participating this week in
the National League of Cities’ (NLC) Congressional
Cities Conference in Washington, D.C., joined with
hundreds of city officials from around the country in
pressing their members of Congress on issues such
as funding for Community Development Block Grants
(CDBG), telecom reform and homeland security.
The League was represented at the conference
by a team of League Executive Officers, including
President and Los Angeles Council member Alex
Padilla, First Vice President and city of Pinole Council
member Maria Alegria, and Second Vice President
and San Diego Councilmember Jim Madaffer.
In addition to holding separate meetings with their
own Congressional representatives, California city
officials joined in several meetings with Senators
Barbara Boxer and Dianne Feinstein, House Demo-
cratic Leader Nancy Pelosi (D- San Francisco)
Congresswoman Hilda Solis (D-El Monte), Con-
gressman Gary Miller (R-Brea) and other members
of the California Congressional Delegation to press
the League’s concerns with the League’s 2006
federal priorities.
Those priorities are CDBG, telecom reform,
homeland security/disaster preparedness, protecting
local authority and revenue in tax reform, and support
for increased funding for law enforcement, transporta-
tion, critical disaster relief resources and housing and
community development. (Please visit the Federal
Issues page of the League’s website at
www.cacities.org/federal to view details of the
League’s 2006 federal priorities.)
Telecommunications Panel Confirms Mark-up
on National Franchise
California city officials also participated in a panel
discussion of telecommunications reform, organized
by Eve O’T oole, the League’s federal lobbyist. The
discussion was moderated by League First Vice
President Maria Alegria and Second Vice President
Jim Madaffer. Briefly attending were Congress-
woman Zoe Lofgren (D-San Jose), Congressman
George Radanovich (R-Fresno), Congressman Ken
CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG, OTHER PRIORITIES CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG, OTHER PRIORITIES CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG, OTHER PRIORITIES CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG, OTHER PRIORITIES CALIFORNIA CITY OFFICIALS LOBBY CONGRESS ON TELECOM, CDBG, OTHER PRIORITIES
Calvert (R-Riverside) and Congressman Mike
Honda (D-Campbell).
Panel participants were Donna Gregg, media
bureau chief, Federal Communications Commis-
sion (FCC), and Johanna Shelton, minority counsel,
House Energy and Commence Committee.
The members of Congress each made brief
remarks about work currently going in the House
Energy and Commerce Committee to develop a
new draft of telecommunications reform.
Congressman Radanovich told the assembled
California city officials that the measure that would
emerge would call for a national franchise, but that
committee members understand that cities were
concerned about protecting their revenues and
controlling local rights-of-way. League Second Vice
President Madaffer also stressed the importance of
PEG channels and other concerns, and provided
Mr. Radanovich with a packet of information that
included the League Telecommunications Prin-
ciples.
Ms. Gregg discussed the current review pro-
cess at the FCC to determine whether there is a
need for that agency to play a role in regulating
telecommunications franchising, and whether they
have the ability to play that role.
Ms. Shelton discussed the priorities of her boss,
Representative John Dingell (D-Dearborn), for a
telecommunications reform bill. Mr. Dingell is the
Ranking Minority Member on the House Energy and
Commerce Committee. Shelton said that the
current draft legislation work on a bill by staff is the
result of her boss coming to agreement with com-
mittee chairman Barton on some key principles.
Staff was not able to discuss details of what will be
included.
(Also on telcom: visit the League’s T elecom
page (www.cacities.org/telecom) to see the March
14 letter Congresswoman Hilda Solis sent to
Utilities and Commerce Chairman Joe Barton and
Continued on Page 5Visit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS
March 17, 2006 - Issue #11
The National League of Cities issued the
following press release on March 13, concern-
ing the importance of CDBG to America’s
cities:
America’s municipal officials are feeling in-
creasingly optimistic about their city’s fiscal health,
but are concerned about mounting health care
costs, increasing traffic, and a shortage of afford-
able housing.
Released by the National League of Cities
(NLC) at its Congressional City Conference, the
annual State of America’s Cities Survey also found
that nearly 80 percent of cities were either directly
or indirectly affected by hurricanes Katrina and
Rita, while 41 percent report an increasing need
for survival services for their residents.
“We are seeing greater optimism from our city
leaders,” said NLC First Vice President Bart
Peterson, mayor of Indianapolis, Ind. “But we are
seeing continued and mounting concern over
actions being considered at the state and federal
levels that would seriously threaten their financial
stability.”
Peterson noted that efforts to limit cities’
abilities to levy telecommunication franchise fees,
proposed cuts to the Community Development
Block Grant (CDGB) program, and greater needs
for food, shelter, heating, clothing and health care
would pose significant problems for cities in the
coming year.
Four in 10 cities that receive Community
Development Block Grant (CDBG) funds reported
that ongoing funding cuts are affecting their ability
to provide affordable housing. Peterson said the
survey showed that these cuts are affecting the
rehabilitation of homes and buildings, construction
and improvement of public facilities, and their
ability to provide assistance to businesses to carry
out economic development as well as job creation
and retention activities.
Thirty-five percent of municipal officials re-
ported that the availability of quality affordable
housing has worsened since last year. “This
survey was conducted before we knew the extent
of the cuts proposed for fiscal year 2007 by the
Administration. Cutting funding an additional 25
percent will only exacerbate the affordable hous-
ing challenge facing our cities and towns,”
Peterson said.
Significant Challenges Facing Cities and
Towns
• Although 43 percent of municipal officials
reported improved fiscal conditions, 19 percent
(almost one in five) indicate that they have experi-
enced worsening fiscal conditions since last year.
Nearly one in three city officials indicated that
unless city tax rates and fees are increased, city
service levels will decline.
• Traffic congestion tops the list (34%) when
city officials are asked about which conditions
deteriorated most in their communities during the
past five years. Traffic congestion has been the
most widely reported response to this question
since this condition was first included in the
survey in 2001. Fifty-one percent of city officials
believe that traffic congestion has worsened since
last year.
• City officials indicated that unfunded
mandates and preemption of local authority are
having a negative impact on the economic and
fiscal health of their city. Fifty-five percent of city
officials say that impacts of unfunded mandates
and preemption of local authority have worsened
since last year. Seven in 10 (71 percent) city
officials say that federal legislation limiting the use
of franchise fees would affect their city’s budget.
• Overall, city officials are about split on their
feelings about the general direction in which the
country is heading. Forty-six percent of city
officials report feeling pessimistic about the
general direction of the country and 52 percent
report feeling optimistic.
SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG, SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG, SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG, SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG, SURVEY SHOWS MOUNTING CITY CONCERNS OVER CDBG,
HEALTH CARE COSTS, TRAFFIC AND AFFORDABLE HOUSING HEALTH CARE COSTS, TRAFFIC AND AFFORDABLE HOUSING HEALTH CARE COSTS, TRAFFIC AND AFFORDABLE HOUSING HEALTH CARE COSTS, TRAFFIC AND AFFORDABLE HOUSING HEALTH CARE COSTS, TRAFFIC AND AFFORDABLE HOUSING
Continued on Page 6PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org
March 17, 2006 - Issue #11
INFRASTRUCTURE INFRASTRUCTURE INFRASTRUCTURE INFRASTRUCTURE INFRASTRUCTURE from page 1 from page 1 from page 1 from page 1 from page 1
The end came the evening of March 15 and at a
relatively early hour, considering the late hour delib-
erations on several previous days, as first the Senate,
then the Assembly, and then the Senate again, tried
without success to muster the two-thirds vote needed
to pass an infrastructure package.
Early that evening, the Big Five (the governor,
Senate President pro Tem Don Perata, Senate
Minority Leader Dick Ackerman, Assembly Speaker
Fabian Núñez and Assembly Minority Leader Kevin
McCarthy) agreed to advance a scaled-down infra-
structure bond to the Senate and Assembly for action
that evening. The measure reportedly contained only
a $4.15 billion levee repair bond for the June 2006
ballot.
Both chambers held caucuses. But when the
Assembly acted, it planned to take up both the $4.15
levee bond as well as a $10.4 billion education bond
for the June 2006 ballot and another $9.087 billion for
the November 2008 ballot. It took up the education
bond first and approved it by more than a two-thirds
vote rather quickly, then passed the levee bond.
What happened? Along with others, the League
is still piecing the story together. At least one expla-
nation is that Gov. Schwarzenegger and Speaker
Núñez agreed to add the education element to the
package after the Big Five meeting.
The pro Tem, however, – still unhappy about the
lack of Republican support on March 10 for a Senate
package that included transportation, housing and
“smart growth” programs — was not prepared to go
along with the last minute addition to the package.
The Senate adjourned after approving an emer-
gency $1 billion appropriation – not a bond — for
levee repair. The Assembly went on to debate and
approve the levee repair bond, but it was all for
naught because the Senate had adjourned.
League, Bond Supporters Disappointed by Lack
of Action
The failure to pass an infrastructure package was
a huge disappointment to the League and many other
organizations and city officials that had urged the
Legislature and the governor to pass a package in
??????
Continued on Page 6
CONGRESS CONGRESS CONGRESS CONGRESS CONGRESS from page 3 from page 3 from page 3 from page 3 from page 3
Ranking Member John Dingell on the importance of
including non-discrimination provisions in telecom-
munications legislation.)
NLC Conference Featured National Leaders,
Numerous Sessions
The meetings with members of Congress were
interspersed with NLC’s focused program of work-
shops, seminars and dynamic general sessions.
The workshops and sessions covered topics rang-
ing from local finance, public safety, community
development, transportation, telecommunications
and many other issues.
General session speakers included an inspira-
tional kick-off from former Congressman John
Kasich, host of Heartland with John Kasich; a review
of the federal budget from Sen. Kent Conrad of
Nebraska; and a speech on the lack of funding and
preparation for homeland security from Sen. Joseph
Biden from Delaware.
Other general session speakers included First
Lady Laura Bush, Homeland Security Secretary
Michael Chertoff, Sen. Ken Salazar from Colorado,
Sen. George Voinovich from Ohio, and David
Gergen, editor-at-large with U.S. News and World
Report.
City officials came away from the conference
understanding that we have our work cut out for us
to educate Congress about both CDBG and tele-
communications reform. (See also, “House Com-
mittee Likely to Move on National T elecom Fran-
chise”.)
?????? ?????????????????
PROP. 42 PROP. 42 PROP. 42 PROP. 42 PROP. 42 from page 2 from page 2 from page 2 from page 2 from page 2
“A key part of these infrastructure negotiations
surrounded a legislative constitutional amendment
to close the Prop. 42 loophole. Unfortunately, state
elected officials were unable to approve a bond
package and Prop. 42 fix by Wednesday’s dead-
line. That means our signature gathering drive and
initiative are the best and most realistic hope to
close the Prop. 42 loophole this year.”
Information about the coalition and their efforts
is available on the campaign website:
www.close42loophole.com.Visit the League’s Official Website--www.cacities.org PAGE 6 - PRIORITY FOCUS
March 17, 2006 - Issue #11
SURVEY SURVEY SURVEY SURVEY SURVEY from page 4 from page 4 from page 4 from page 4 from page 4
Effect of Hurricanes Rita and Katrina and
Municipal Emergency Planning
Nearly 80 percent of city officials reported
being affected in some way by hurricanes Katrina
and Rita. Although only 4 percent of cities polled
were directly hit by the hurricanes, another half
reported that their cities provided supplies and
other forms of aid, and four in 10 reported that
their cities received displaced residents from
cities devastated by hurricanes.
Additionally, in direct response to the disas-
ters, over half of city officials revisited their city’s
disaster plans and 26 percent report reconsidering
their city’s disaster planning as it relates to
underserved populations.
State of America’s Cities: The Annual Opinion
Survey of Municipal Officials is an annual survey
of municipal officials that has been conducted by
the National League of Cities for the past 20 years.
The survey results were taken from a random
sample of local officials in January 2006 with a +/-
4 percent accuracy ratio.
???? ?????????
time for the June ballot. Achieving increased funding
for infrastructure is a top goal for the League of
California Cities. (To view more information about the
League’s efforts on infrastructure, visit the Infrastruc-
ture page on the League website at www.cacities.org/
infrastructure.)
Gov. Schwarzenegger, however, has said that he
intends to keep trying. In a press conference on
March 16, he reportedly virtually guaranteed that a
November bond package would be passed.
Statement by California Infrastructure
Coalition
The California Infrastructure Coalition (CIC) (of
which the League is a member) issued a statement
yesterday from CIC Chair and League Executive
Director Chris McKenzie, and Bill Hauck, president of
the California Business Roundtable, regarding the
unsuccessful efforts to place an infrastructure invest-
ment package on the June ballot:
“The governor and our legislative leadership have
worked tirelessly over the last few weeks to build a
consensus on funding a comprehensive infrastructure
investment program. Those efforts followed compre-
hensive proposals by the governor, Sen. Perata and
Speaker Núñez and months of legislative studies and
recommendations,” said McKenzie.
“While we are pleased that addressing the state’s
infrastructure crisis has clearly risen to the top of the
legislative agenda, we are deeply disappointed there
will not be an opportunity for voters to approve a
comprehensive infrastructure investment package in
June. It is imperative that these issues, including the
critical fix to ensure Prop. 42 funding, remain at the
forefront of everyone’s agenda,” said Hauck.
“The CIC’s mission is to build support for dedi-
cated and consistent funding for rebuilding our
infrastructure. As we said at the outset of this effort,
we are in this for the long haul. Our job will go on and
we are ready to get started today,” McKenzie added.
(Also see “Proposition 81 - Library Bond Still on
June 2006 Ballot.”)
INFRASTRUCTURE INFRASTRUCTURE INFRASTRUCTURE INFRASTRUCTURE INFRASTRUCTURE from page 5 from page 5 from page 5 from page 5 from page 5
City officials should be aware that
Proposition 81, the $600 million general
obligation bond to fund library construction,
is STILL on the June 2006 ballot. The
League is in support of Proposition 81.
The measure was placed on the ballot
by the Legislature in 2004 by SB 1161
(Alpert). It allocates $300 million to library
proposals that were deemed eligible, but for
which funding ran out during the last library
bond. The remaining $300 million would be
for new proposals.
PROPOSITION 81 - LIBRARY BOND PROPOSITION 81 - LIBRARY BOND PROPOSITION 81 - LIBRARY BOND PROPOSITION 81 - LIBRARY BOND PROPOSITION 81 - LIBRARY BOND
STILL ON JUNE 2006 BALLOT STILL ON JUNE 2006 BALLOT STILL ON JUNE 2006 BALLOT STILL ON JUNE 2006 BALLOT STILL ON JUNE 2006 BALLOT
? ? ? ????PRIORITY FOCUS - PAGE 7 Visit the League’s Official Website--www.cacities.org
March 17, 2006 - Issue #11
Officials were also told that a growing federal
deficit may impact funding for Community Devel-
opment Block Grants (CDBG), homeland security,
transportation and other local programs.
The national telecommunications franchise
appears to be under serious consideration in the
House Energy and Commerce Committee, whose
staff is currently working on a draft. The approach
is intended to aid telephone companies that want
to compete with cable companies in offering video
and Internet services in thousands of communities
throughout the nation, without having to incur the
time and expense of negotiating local franchise
agreements.
The telephone companies argue that “speed to
market” is essential for them to introduce competi-
tive services that could expand options and lower
service costs for consumers.
Cities are concerned that a national franchise
could undermine their ability to protect essential
local revenues, the safety of local rights-of-way,
public, education and government (PEG) stations
and other community concerns.
City Action Will Be Critical
Indications from House members and staff are
that the committee could move quickly over the
next few weeks on a mark-up of the telecommuni-
cations measure. Cities may have a very narrow
window of opportunity to communicate with their
representatives about why it is important to pre-
serve locals’ ability to regulate local rights-of-way,
preserve local revenues, and protect PEG chan-
nels and the funding for those stations, exercise
control over build-out and other critical consumer
protection issues.
The League will post a sample letter on the
League’s online Advocacy Center
(www.cacities.org/advocacycenter) as soon as a
draft of the bill is available.
In the meantime, the League did provide the
committee members with a letter outlining the
League’s recently-adopted Telecommunications
Principles, which were signed by more than 150
California cities. This and other resources are
available on the Telecom page of the League’s
website (www.cacities.org/telecom).
Sen. Boxer Supportive of Cities Concerns
Sen. Boxer serves on the Commerce, Sci-
ence and Transportation Committee, which will
work on the telecommunications bill in the Senate.
She was very up-to-speed on the telecommunica-
tions reform issue, and in a meeting with Califor-
nia city officials assured them that she was
supportive of local government goals of preserving
local control over revenues, rights-of-way, PEG
stations and other priorities.
Sen. Feinstein does not sit on the committee
with jurisdiction over this issue, but can still play a
role in lobbying her colleagues and when a bill
reaches the Senate floor.
CDBG: Keep Those Letters Coming!
While most members of Congress appear
strongly supportive of preserving CDBG funding, it
is clear that the ongoing federal budget deficit is
squeezing Congress’ ability to fully fund this
priority local program. Consequently, it continues
to be very important for cities to write their repre-
sentatives and arm them with specific examples
of how CDBG is making a difference in your city:
programs funding, housing built, investments
leveraged and other examples that underscore the
importance of preserving this funding program.
(Visit the League’s Advocacy Center at
www.cacities.org/advocacycenter) for a sample
letter.)
???????????????? ??????????????????????????????
TELECOM TELECOM TELECOM TELECOM TELECOM from page 1 from page 1 from page 1 from page 1 from page 1
For more information on this and For more information on this and For more information on this and For more information on this and For more information on this and
other League issues, visit other League issues, visit other League issues, visit other League issues, visit other League issues, visit
www.cacities.org. www.cacities.org. www.cacities.org. www.cacities.org. www.cacities.org.Visit the League’s Official Website--www.cacities.org PAGE 8 - PRIORITY FOCUS
March 17, 2006 - Issue #11
The measure is an outgrowth of discussions
on housing solutions conducted over a year and a
half by the League’s Housing/General Plan Task
Force. The bill would create a voluntary pilot
project with local-state partnership to provide high
density housing through the creation of 100
housing/infill infrastructure investment districts
statewide.
The projects must be consistent with regional
planning objectives and allow construction of more
than 500 units of housing with average net density
of 25-40 units per acre, with 15 percent of the
housing affordable to low and moderate income
families. (Visit www.cacities.org/billsearch and
search for SB 1754 League for a League spon-
sored background summary.)
“We see this measure as a positive approach
to encourage cities to build the kinds of infill
projects so many of our cities need,” said San
Diego Councilmember and League Second Vice
President Jim Madaffer, who served as chairman
of the Housing/General Plan Task Force. “It’s
worlds away from the ‘hammer and stick’ ap-
proach that we so often see from the State Capi-
tol.”
SB 1754 Establishes Funding Mechanism
for Services, Infrastructure
“Whenever cities consider building new
housing, they face the challenge of identifying
funding to pay for increased services and infra-
structure needs,” Madaffer explained. “New
residents mean that you need more parks, more
schools, more streets and more cops and
firefighters.
“This bill creates financing districts for cities
that want to build housing and apply for the volun-
tary program, and uses tax-increment financing to
help pay for these expenses. Locals contribute,
as does the state, by authorizing tax-increment
financing for these purposes.
“It’s a chance to build partnerships at all levels
of government, to achieve our shared goal of more
affordable housing and greater density.
“With the Legislature’s failure to pass an
infrastructure bond package, the SB 1754 ap-
proach becomes even more important for cities,”
Madaffer added. “Cities can’t afford to wait sev-
eral years to address our local infrastructure
needs. We need solutions now.”
League Urges City Support for SB 1754
There are early signs that the positive, collabo-
rative approach taken in SB 1754 is likely to win
broad-ranged support. The League urges cities to
review the measure and submit letters of support
to the Senate Local Government Committee prior
to their April 5 hearing.
Please be sure to send a copy of your
letter to League Policy Analyst Genevieve
Morelos via e-mail at gmorelos@cacities.org.
Genevieve can also be reached by phone at
(916) 658-8254.
To view a copy of the measure, check on the
hearing schedule or obtain other information,
please visit the Bill Search section of the League’s
website (www.cacities.org/billsearch). If you have
questions on this measure, contact League
Legislative Director Dan Carrigg via e-mail at
dcarrigg@cacities.org, or by phone at (916) 658-
8222.
Cities Should Also Review SB 1800
(Ducheny/Cedillo): Bill Set for Senate/
Trans/Housing April 4
Cities are encouraged to closely review SB
1800 (Ducheny/Cedillo), an expansive land use bill
that will have many implications for local govern-
ments. Although this proposal contains some
concepts that were explored in League Housing/
General Plan Task Force discussions with
homebuilders, the League board of directors
ultimately rejected this approach last year as
being overly restrictive of local land use authority,
and its “one-size-fits-all” approach.
SB 1754 SB 1754 SB 1754 SB 1754 SB 1754 from page 1 from page 1 from page 1 from page 1 from page 1 ???????????????????????????????????????????? ? ? Continued on Page 9PRIORITY FOCUS - PAGE 9 Visit the League’s Official Website--www.cacities.org
March 17, 2006 - Issue #11
As an alternative, the League board opted to
sponsor a package of incentive-based concepts,
which includes SB 1754 (Lowenthal).
SB 1800 is also similar to ideas explored in an
Administration-led task force last fall that raised
concerns from environmental organizations,
farmland preservation groups, local governments,
planners and others.
(Visit www.cacities.org/billsearch and search
for SB 1800 for a detailed summary on the bill.) A
hearing in the Senate Transportation and Housing
Committee on SB 1800 is set for April 4.
SB 1754 SB 1754 SB 1754 SB 1754 SB 1754 from page 8 from page 8 from page 8 from page 8 from page 8
?????? ????????
Don’t miss this opportunity to get the
League’s most useful reference tool.
This comprehensive California directory
provides important contact information
for mayors, council members and city
department heads. The directory also
features the League’s staff directory,
League partners, affiliate organizations
and a wide variety of advertisers.
INFORMATION YOU NEED, RIGHT
A T YOUR FINGERTIPS!
Purchase this publication online at
www.cacities.org/store or call (916) 658-
8257 for an order form. City officials
price $30, non-city official price $65,
plus shipping & handling.
THE 2006 CITY HALL
DIRECTORY IS
COMING SOON!