August 11, 2006
Issue #32-2006
SB 1322 RAISES GROUP HOMES ISSUE FOR SEVEN OR MORE PEOPLE
Local agencies face significant limitations in approving group homes, which include residences
for various special needs populations that house six or fewer people. Under SB 1322 (Cedillo),
however, local agency discretion would be limited on special needs facilities that serve seven or
more people. Moreover, there is no size cap on the limit: a 200 bed facility is treated the same
as an eight bed facility. For more, see Page 2.
FEDERAL TELECOM UPDATE: SENATE RELEASES H.R. 5252 DRAFT
On August 4, Senate Commerce Committee staff released a draft of the cable/telecom bill (H.R.
5252) as they propose to report it out of Committee. The bill continues to present major problems
for local agencies and the communities they serve, including network neutrality issues and a lack
of build-out provisions. Additional issues include pre-emption of cell phone taxes and taxes on
the Internet. For more, see Page 2.
AB 2987 SET FOR AUGUST 14 HEARING
AB 2987 (Nffliez /Levine), the telephone-company sponsored cable franchise bill, is set for
hearing in the Senate Appropriations Committee on Monday, August 14. For more, see Page 3.
ALSO IN THIS ISSUE:
Page 4: AB 2987: PEG and I-Net Concerns; Governor's Corrections Reform Package Introduced
Page 5: Administration Corrections Reform Proposals
Page 6: 'All Politics is Local' — League of California Cities Annual Conference Begins Sept 6
Page 7: On-Camera Media Training Available for City Officials at the Annual Conference
Page 8: League Telecom Publication Wins a 2006 Communication Gold Circle Award; Keeping Up: Randy Hamilton,
Long-Time Figure in Local Government and Academic Circles, Passes Away; Community Media Conference
Set for October
Page 9: Find a Bill, Legislators, Leg Committee — or Ask Leg Staff ; Legislative Bill SummariesSB 1322 Continued from Page 1...
What This Bill Does
This bill would confine local agency discretion in three main ways:
• It adds "special needs facilities" to the anti-NIMBY law, which limits the extent to which
local agencies can deny or condition a project. Particularly critical here is the limitation on
local agencies ability to place reasonable conditions on the project that are related to
unique site concerns. There are a lot of impacts and safety issues associated with the
operation of larger special needs facilities and local agencies need to retain the discretion
to address these as they arise.
• The bill is currently amended to allow potential users of emergency shelters to sue under
the anti-NIMBY law and if successful, win attorneys fees. The League understands,
however, that the author has argued, and the Assembly Local Government Committee
has agreed, that this provision should have been extended to all special care facilities,
including social rehabilitation and adult day program facilities. As a result, the bill will be
amended shortly to reflect this change.
• The bill amends the housing element to require local agencies to zone land by-right for
emergency shelters and transitional housing. This is a little backwards from the current
housing element process, where local agencies get the chance to make a plan, then if it
does not comply with the housing element, the local agency must live with by-right zoning
until the element is in compliance. Instead, SB 1322 will require by-right zoning at the
outset on the threat of by-right zoning.
Request for Letters, Contact Your Legislator
SB 1322 will come up in the Assembly Appropriations Committee next week. Given its likely fiscal
impact, it is expected to be placed in the Suspense File. Assuming the bill moves out of the
Suspense File, the next opportunity to address this issue will be on the Floor of the Assembly and
then the Senate.
The League is requesting that local officials contact their legislators and register their opposition
to this bill. The League's letter and a sample form letter are available by looking up SB 1322
using the League's website bill search function — vvww.cacities.oro/bilfsearch.
KR. 5252 Continued from Page 1...
As a result, all national municipal groups, the National Conference of State Legislatures and the
National Governor's Association continue to oppose the bill While Sen.Ted Stevens (R-Alaska)
continues to come up short of the 60 votes needed to bring it to the floor, municipalities need to
keep the pressure on their senators during the current recess, as the phone companies are
working hard on the other side.
The League and many national groups continue to analyze the 287 page bill. For those who
would like to read it, the bill can be found at www.cacities.oroftelecom. Below is a quick summary
of the August 4 draft of H.R. 5252, courtesy of Varnunn Law:
The bill purports to abrogate existing cable franchises issued by municipalities or states (by
allowing the current cable company to get the new national franchise which "supercede[s] the
existing franchise agreement" as soon as a competing provider starts providing service).
The bill nationalizes cable franchising by requiring the Federal Communications Commission
(FCC) to issue a standard franchise application whose use by municipalities is mandatory.
Municipalities "must grant" such applications within 90 days of receipt, and failure to do so leads
2to them being deemed granted without financial support for government, educational, and school
channels.
Like the prior House bill, the current bill allows essentially any interested provider to obtain a
national franchise and to select the municipalities in which they are authorized to provide service.
The bill also classifies AT&T's Internet protocol television service as a cable service. There are
no requirements specifying where and how build-out of services should occur under the
franchise, although Senate floor amendments that will propose changing this are likely.
"Redlining" groups on the basis of income, race, or religion is prohibited, unless excused by
"technical feasibility, commercial feasibility, operational limitations, or physical barriers."
Enforcement authority rests exclusively with the state attorney general, and remedies may not
use "quotas, goals, or timetables." The exceptions and enforcement provisions make these
redlining provisions problematic.
The national franchisee must provide as many government, educational, and public channels as
the incumbent, with the number increasing every 15 years, plus financial support for them equal
to the greater of one percent of gross revenues or that already provided by the incumbent
(including lump-sum or one-time payments). Municipalities may require the continuation of
existing l-NETS (communications networks provided by cable companies for municipal use), but
may not require new ones.
The Senate bill provides for a franchise fee based on 5 percent of gross revenues, and audits to
verify compliance. On rights-of-way, franchisees must agree to comply with municipal regulations
regarding their "use and occupation," including police powers, that are consistent with the bill.
No local law can effectively prohibit the provision of cable service (wording similar to current
telecommunications statutes, which have spawned some litigation). Also the Senate bill requires
the FCC to issue new consumer protection rules, which must include penalties payable to
subscribers for violations, and municipalities can enforce such rules.
If you have any questions, please feel free to contact, League Legislative Analyst Genevieve
Morelos at (916) 658-8254, or via e-mail at pmorelos(cacities.orq.
AB 2987 Continued from Page 1...
An August 7 amended version of the bill appeared in print this week. The amendments reflect
changes adopted June 27 by the Senate Energy, Utilities and Communications (E, U & C)
Committee.
The League has just received and is reviewing additional amendments covering the issues of
funding support and the number of channels available for public, education and government
("PEG") stations, and funding for I-Net systems. These are issues that Sen. Joe Simitian and
other members of the Senate E, U & C Committee insisted be addressed in negotiations during
July. The League and others presented extensive information to legislative staff regarding
community concerns with these issues. Presumably, these amendments will be in print within the
next few days. For information on the League's PEG and 1-Net concerns, see "AB 2987: PEG
and 1-Net Concerns," on Page 4.
The bill is likely to be sent to the Appropriations Committee Suspense File, based upon the
anticipated new costs to the state to establish a new bureaucracy at the California Public Utilities
Commission to the state-issued franchise program. The committee will likely take up the
Suspense File and pass AB 2987 within the week.
We will post updated information and our analysis on the amendments on the League website as
soon as our analysis is complete (vvww.cacities.orq/ab2987). We will also update the online
Advocacy Center (wwvv.cacities.orq/advocacycenter) with new sample letters and talking points.
3AB 2987: PEG AND 1-NET CONCERNS
• Amount of PEG funding (maximum of 1 percent in the bill is too low, should be
closer to 3 percent the League has proposed)
• Number of PEG Channels (should be minimum of four or five vs. three in bill)
• Insure that all video operators "pick up, convert & carry" PEG channels/programming
vs. placing that expense on Cities and Schools
• Eliminate "trigger language" for new channels (new channels should be activated
upon written notice by cities and three to six month notice period as in newer cable
TV franchises vs. AB 2987 language)
• Customer Service enforcement (cities should be able to continue to assess
liquidated damages every day that a problem continues until the customer
service/video provider problem is fixed vs. a cap of three days in the bill — you can't
motivate multi-billion dollar companies like AT&T, Verizon & Comcast with a $1,500
fine!)
• Fiber 1-Nets (should continue beyond the end of a franchise/franchising since many
cities paid for them with taxpayer dollars vs. current bill language)
• Emergency Alert Override by city (should retain ability for cities to override in case of
local disaster vs. FCC language in AB 2987)
• Bill should provide for a city-issued video franchise with state standards vs. state-
issued (to avoid Prop 218 and future state revenue raid issues)
• Bundling language so that there is a process to assign a value for video service in
Franchise Fee calculations on so-called "triple play" and other video/internet/phone
service bundles
• Continuation and provision of free basic video service "drops" to city, county and
school sites (bill is now silent on this question)
• Build-Out: AB 2987 should include a requirement for build out to 90 percent of a city
or service area in seven years vs. language in bill (20 percent — 50 percent of any
given city or area, a big issue for less dense and rural areas)
GOVERNOR'S CORRECTIONS REFORM PACKAGE INTRODUCED
Gov. Arnold Schwarzenegger and the California Department of Corrections and Rehabilitation
(CDCR) have released corrections reform proposals for consideration by the Legislature during a
special legislative session.
The session was called by the Governor to address the urgent issues of recidivism and
overcrowding in California's adult prisons and juvenile facilities and began on Monday, August 7.
The proposals are outlined in five Assembly Bills (ABX2-1, ABX2-2, ABX2-3, ABX2-4, and ABX2-
5) and focus on increasing prison capacity through facility construction, and public/private
contracts, in an effort to provide additional rehabilitation opportunities. (See "Administration
Corrections Reform Proposals," Page 5.)
Hearing Dates Uncertain — and Time Running Out
It is still unclear when the reform measures will be considered by the Legislature. But according
to the Assembly Public Safety Committee, both the Senate and Assembly committees tasked with
reviewing the corrections proposals will hold informational hearings next week. The Select
Committee on Population Management and Capacity will meet on Tuesday, August 15, at 9:30
a.m. or upon adjournment of session in Room 4203.
The committee will also meet on Wednesday, August 16, at 9:30 a.m. or upon adjournment of
session in Room 4203.
Assembly Speaker Fabian Niiriez appointed Assemblymember Mark Leno to chair the Assembly
review committee, and Senate President pro Tem Don Perata appointed Sen. Mike Machado as
chair of the Senate Select Committee on Prison Population Management and Capacity.
4Keeping in mind that the Legislature is scheduled to adjourn August 31, it appears that there is a
lot of work to do between now and then if any of these proposals stand a chance of moving
forward.
ADMINISTRATION CORRECTIONS REFORM PROPOSALS
• Construction of Two New Prisons and Re-Entry Facilities
ABX2-4 by Assemblymember Nicole Parra includes approximately $2.3 billion in revenue
bonds for the construction of two new state prisons, located adjacent to existing prison
facilities, and for Community Re-entry Program Facilities, which would be constructed only
upon the request, and site determination, of a local entity.
The re-entry facilities would provide a combined 5,000 beds (500 beds at 10 facilities) for
parole violators and inmates who are within 90 days of being paroled. CDCR would like to
partner with cities and counties to identify sites where these facilities could be built and
managed by the state. However, ABX2-4 stipulates that CDCR may also contract with a
local entity for the operation of a re-entry program.
According to CDCR, the purpose of the re-entry facilities is to break California's entrenched
cycle of parolee failure. The desired outcome is to reduce post-release criminal behavior of
high risk offenders by returning parolees to their county of last legal residence, and to scale
back the failure rate of at-risk parolees revoked with no new prison term.
• Increased Housing Capacity in Existing Prisons and Related Infrastructure
Renovations
In addition to providing authority to reactivate the closed Northern California Women's Facility
in Stockton to house male inmates, ABX2-2, authored by Assemblymember Todd Spitzer,
would provide almost $2.5 billion in revenue bonds for the construction of new housing units
and prison support buildings at existing prison facilities.
ABX2-2 would also authorize the appropriation of $238 million out of the state's General Fund
to renovate and expand infrastructure systems at existing prison facilities, and to convert
female inmate facilities to house male inmates.
• Establishment of a Female Offender Program
ABX2-1, authored by Assemblymember Sally Lieber, establishes a new community-based
Female Offender Program for non-serious, non-violent inmates. The program includes
community correctional centers to house inmates closer to their communities, halfway house
facilities to support the transition from prison to the community, and halfway back facilities
designed to address the needs of parole violators who need more restrictive sanctions.
Program facilities would initially be located in Alameda, Fresno, Los Angeles, Sacramento,
San Bernardino, and San Diego Counties, due to the significant number of female inmates
from these areas.
• Expedited Training for Correctional Officers and Establishing a Southern California
Training Facility
This proposal would authorize CDCR to perform psychological screening of correctional
officer applicants, which is aimed at increasing recruitment by reducing the amount of time
needed to completely evaluate an applicant.
5Outlined in ABX2-5 (Bermudez), the proposal would also authorize the issuance of $55
million in revenue bonds to establish and construct a Correctional Officer Training Academy
in Southern California.
• Undocumented Criminal Aliens in California's Corrections System
AB2X-3, authored by Assemblymember John Benoit, requires the Secretary of CDCR to
request that the United States Attorney General take any undocumented criminal alien
serving prison time in California in to federal custody for deportation. AB2X-3 would also
require CDCR to charge the federal government for the full cost of incarcerating a deportable
criminal, if custody of the deportable criminal is not assumed.
• Design-Build Construction Authority and Related Provisions for Expediting
Construction Projects
In addition to the legislative proposals listed above, this proposal would authorize CDCR to
utilize design-build contracting, and would also allow CDCR to expedite contracting
processes for architectural, engineering and construction management services.
Lastly, this proposal would exempt CDCR from some provisions of the California
Environmental Quality Act (CEQA). Specifically, an Environmental Impact Report (EIR)
prepared for construction projects authorized in the special session will not be required to
consider alternative sites for projects, or potential alternative uses for a project site. The EIR
would only be required to consider existing projects as part of a cumulative impact analysis.
At press time, legislative language was not available for this proposal.
'ALL POLITICS IS LOCAL' - LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE BEGINS SEPT. 6
The 107th League of California Cities' Annual Conference will begin on September 6 at the San
Diego Convention Center in San Diego and run through September 9. More than 2,000
attendees from over 400 California cities are expected to attend, bringing together elected and
appointed officials, city staff and all departments to serve the grassroots interests of local
municipalities.
Under this year's theme, "All Politics Is Local," - a statement that emphasizes the importance of
city officials working together toward our common goals - the annual conference is a special
combination of training, dialogue and networking events.
The key speakers at this year's general sessions are Kevin Carroll, author of Rules of the Red
Rubber Ball: Find and Sustain Your Life's Work, who will present the opening keynote address;
and John Avian, former speechwriter for Mayor Rudolph Giuliani who will deliver the keynote on
the conference's second day. The League has also invited California's gubernatorial candidates
to speak on the September 8 closing General Session.
For more information on the conference, and a preliminary schedule, visit www.cacities.org/ac .
Advance registration is closed, but registration will be available on-sitel Registration costs for city
officials are $435 for the full conference or $250 for one day. Please note that spouse/guest
registration is $100. All questions can be directed to (916) 658-8291.
6ON-CAMERA MEDIA TRAINING AVAILABLE FOR CITY OFFICIALS
AT THE ANNUAL CONFERENCE
Do you need training to deliver your city's message more effectively during media interviews?
Take advantage of this free opportunity for on-camera media training at the League's Annual
Conference on September 6-9, in San Diego.
Your 45-minute training session will include a short, on-camera interview, where instructors will
ask you questions about issues vital to your city, critique your "performance" and provide an
opportunity for a follow-up interview. A DVD copy of your session will be available to take home
for your own personal review.
The training session instructors are noted public information and media experts from cities
throughout California. After this brief introductory session, you'll feel more comfortable with
delivering your city's important messages in newspaper, radio and on-camera interviews.
Space is Limited! Register Today! The League expects a very high demand for these one-on-
one sessions, which are limited to just six sessions per day on Thursday and Friday,
September 7 and 8, and three sessions on Saturday, September 9, The training will be held
in the League Media Room at the San Diego Convention Center, which is convenient to all
conference sessions.
To take advantage of this outstanding opportunity, which can regularly cost thousands of dollars,
call League staff member Adrienne Sprenger at (916) 658-8278 to reserve a training
session.
Reservations will be accepted on a paid first-come, first-served basis. Please note that, while
there is no charge for the training, in an attempt to address the problem of "no-shows", 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."
Available On-Camera Interview Training Session Times
Thursday, September 7
2 p.m. — 2:45 p.m.
Friday, September 8
9 a.m. — 9:45 am.
10 a.m. — 10:45 a.m.
11 a.m. — 11:45 asri.
2 p.m. 2:45 p.m.
3 p.m. — 3:45 p.m.
Saturday, September 9
8 a.m. —8:45 a.m.
10 a.m. — 10:45 a.m.
*lf you get voicemail when making a reservation please:
1. Leave a message with your two preferred time slots.
2. Tell in some detail about an important issue facing your city so that we can prepare
interview questions that are tailored to your community.
3. Leave your complete contact info including cell phone.
7LEAGUE TELECOM PUBLICATION WINS
A 2006 COMMUNICATION GOLD CIRCLE AWARD
The League's Western City Magazine has won a 2006 Communication Gold Circle Award from
the American Society for Association Managers (ASAE), for the feature article "How the
Telecommunications Revolution Will Affect Your City."
The award was given in the category of "Writing for an Association Budget Greater Than $2
Million." The article was one of more than 250 total entries for the ASAE Gold Circle Awards from
over 160 organizations. "How the Telecommunications Revolution Will Affect Your City" was a
collaborative effort by League communications and legislative staff, with contributions by
numerous League members knowledgeable in the area of telecommunications. The goal of the
article was to educate city officials on the sweeping telecommunications reform legislation that
the League correctly anticipated would be introduced in 2006 at both the state and national
levels.
The awards will be presented at a special reception on Saturday, August 19, at the Boston
Convention & Exhibition Center in Boston, Mass.
To view the League's award-winning feature article, visit www.cacities.oro/telecom.
KEEPING UP: RANDY HAMILTON, LONG-TIME FIGURE IN LOCAL
GOVERNMENT AND ACADEMIC CIRCLES, PASSES AWAY
On Friday, August 4, Randy Hamilton passed away at his home in Oakland. Randy was a
member of the League of California Cities staff in the 1960s. After leaving the League, he went on
to a distinguished career in academia, founding the School of Public Administration at Golden
Gate University and then holding the position of visiting scholar for the past 15 years at the
University of California, Berkeley.
Randy continued to have close ties throughout his career with city managers, public
administrators and local elected officials in California and many other states. No memorial
service is planned. The League expresses its condolences to the Hamilton Family.
COMMUNITY MEDIA CONFERENCE SET FOR OCTOBER
The Alliance for Community Media (ACM) Western Region Board is hosting "Community Media:
This Way Forward" — a regional conference focused on community media and technology — on
October 27-28 in San Jose.
The conference will feature more than 25 workshops at the Hilton San Jose on a variety of
subjects including telecommunications legislation, emerging digital media tools, innovative
government and educational channels and much more. The event's luncheon keynote speaker
will be Norm Soloman, a renowned media critic and author. The Wave film festival awards will
also be held in conjunction with the conference on Friday, October 27, at the new San Jose City
Hall and Rotunda.
Early-bird registration cost is $135 for ACM members and $150 for non-members through
October 5. A conference hotel rate of $99 is also available through the early-bird registration
period. For more information on the conference, and to register, visit www.acmwest.orq.
8FIND A BILL, LEGISLATORS, LEG COMMITTEE - OR ASK LEG STAFF
Visit (and bookmark!) the League's Legislative Resources page (www.cacities.oro/leoresources).
You'll find a roster and contact information for the League's legislative staff; the online Bill Search
program, background materials on lobbying your legislators, and more.
LEGISLATIVE BILL SUMMARIES
ENVIRONMENTAL QUALITY
AB 802 (VVolk). Flood Control. General Plans. AB 802, supported by the League, would
require cities and counties to update their General Plans to better address flood safety issues.
Much of the language in AB 802 is consistent with what is currently included in the General Plan
Guidelines, which suggest optional criteria to include in general plans to address flooding. The
concept of AB 802 is to ensure that all general plans address basic flood related issues so that
cities and counties can plan accordingly.
AB 802 is now on the Senate Appropriations Committee Suspense File, but is anticipated to
move to the Senate Floor soon. At this point AB 802 has no known opposition. Staff: Yvonne
Hunter; Status: SenAppr Suspense File; Position: Support.
AB 1899 (Walk). Show Me the Flood Protection. AB 1899 is a work in progress and is now
residing on the Senate Appropriations Committee Suspense File. Limited to the Sacramento-San
Joaquin River valleys, the intent of AB 1899 is to ensure that new development in areas that
could flood to a depth of three feet or more have adequate flood protection. This includes "firm"
100 year protection, as well as plans to achieve 200 year protection.
Over the summer legislative recess, numerous meetings have been held among interested
stakeholders, the Administration and Assemblymember Wolk's office to consider alternative
concepts. At this time, legislative language is not yet available, but it is clear that the bill in its
current form will undergo fairly significant amendments.
The League has participated in those meetings. We have raised a number of significant issues
which the League will use to evaluate what position to ultimately take on the bill as it moves
forward. Those issues are listed on the League's June 20 and June 28 letters to the author. It is
likely that this will be an issue that is resolved — or not in the last days of the session. Stay
tuned! Staff: Yvonne Hunter; Status: SenAppr Suspense File; Position: Pending.
AB 1951 (Goldberg). Capital Facilities Fees. AB 2951 (Goldberg) would clarify that municipal
utilities may charge other public agencies capital facilities fees. Copies of the League's letters
supporting AB 2951 are available on the League's website. Cities with municipal electric, gas,
water, and sewer utilities should be sure they have sent letters of support to their senators and
assembly members. AB 2951 is scheduled to be heard in the Senate Appropriations Committee
next week. Staff: Yvonne Hunter; Status: SenAppr; Position: Support.
PUBLIC SAFETY
SB 412 (Figueroa). Massage Therapy. The League is now neutral on SB 412 (Figueroa). This
measure would propose a system to certify massage therapists who meet specific educational
and professional qualifications. It would prohibit local governments from regulating anyone who
is a certified massage therapist, but would permit local governments to regulate anyone who
wishes to operate as a massage therapist, but who is not certified.
The bill would also permit local governments to regulate the business where the certified
massage therapists operate, as long as the regulation is non-discriminatory (i.e., does not impose
stricter land use requirements than other professional businesses such as a physical therapists
businesses).
9As recently amended SB 412 clarifies that a local government may adopt an ordinance to
regulate anyone who is not a certified massage therapist. Local governments may also enforce
the requirements of the state certification and may shut down any massage therapy business in
which illegal activity occurs. The League's neutral position was adopted in late July by the
League's board of directors after a lengthy discussion. The California State Association of
Counties (CSAC) is also neutral on SB 412, which passed out of the Assembly Appropriations
Committee this week and is now pending on the Assembly Floor. Staff: Yvonne Hunter; Status:
Assembly Floor; Position: Neutral.
SB 1430. (Alquist). The Local Pandemic and Emergency Health Preparedness Act of 2006.
SB 1430 will ensure local government control in the case of an emergency health and public
safety crisis. SB 1430 further allows local resources to be used in an efficient and effective
manner in the case of an emergency.
Current law allows the Director of the State Department of Health Services, or the local health
officer, to declare a county health emergency in the event a release, spill, escape, or entry of
hazardous or medical waste. SB 1430 would extend current law to include a threat or spread of a
contagious, infectious, or communicable disease, chemical agent, non-communicable biological
agent, or radioactive agent, such as an avian flu outbreak or act of bioterrorism.
SB 1430 also grants local health officers the ability to issue a pre-event order to local first
responders to immediately issue an isolation of exposed individuals, which will aid in the
prevention of further spread of diseases and/or agents that pose a public health and safety crisis.
Staff: Liisa Lawson Stark; Status: AsmAppr; Position: Support.
SB 148 (Scott). Alcoholic Beverages. Licensing Restrictions. SB 148 would provide
additional bases from which the Department of Alcoholic Beverage Control (ABC) to revoke or
suspend alcoholic beverage licenses. Under current law, cities or counties can only enforce
zoning ordinances that were present when a licensee obtained a license for alcohol sales. It
does not, however, give cities the ability to change the law and enforce it. SB 148 would allow
ABC to suspend or revoke an alcoholic beverage license if the licensee fails to correct
objectionable conditions cited by a district attorney, city attorney or county counsel.
SB 148 would also assist cities and counties throughout California in addressing repeated public
safety problems often associated with nuisance liquor stores such as vandalism, littering,
loitering, graffiti, excessive loud noises, public drunkenness and lewd conduct. SB 148 will allow
cities to more effectively enforce their laws and also allow liquor storeowners a reasonable
amount of time to comply with any change in law. Staff: Liisa Lawson Stark; Status: AsmAppr,
8/16; Position: Support.
TRANSPORTATION
SB 1404 (Machado). Vehicles. Parking Violations. Street Cleaning. SB 1404 would add
Section 22507.6 to the Vehicle Code to specify that a person is not in violation of a local
ordinance if they park in an area with posted restrictions for street cleaning or sweeping, unless
street cleaning occurs during the posted time period. The League is opposed to this measure for
several reasons:
• SB 1404 is unnecessary and attempts to interfere with a city's authority to provide
services to residents. Cities in California do not believe that there is a problem with
current street cleaning programs that requires state intervention of a local service. Under
current law, cities have the right to provide and manage services within their jurisdictions,
and resolving any local issues should be left up to the entities responsible for providing
purely local services.
Residents and cities alike benefit from a predictable, posted schedule to allow local
jurisdictions the flexibility to provide services in addition to street cleaning during specific
times, including tree trimming, street repair, and utility fine maintenance.
10In addition, if a city resident believes that a parking ticket was issued undeservedly,
current law provides an appeals process that allows dismissal of a contested parking
ticket. In fact, Sections 40202 and 40215 of the Vehicle Code provide that a ticket may be
dismissed, at the request of review, within 21 days after the issuance of a parking
violation if the issuing officer or agency determines that, in the interest of justice, the
notice of parking violation should be cancelled.
• SB 1404 attempts to strip away authority to enforce local ordinances for services that a
city has the right to provide. Cities provide street sweeping and cleaning services in
accordance with local conditions and available resources. Statewide regulation of street
sweeping, as proposed in SB 1404, would be a one-size-fits-all approach that doesn't
reflect the uniqueness of each city, doesn't take into account the many varied street
sweeping programs that exist, and doesn't give authority to local governing bodies to
provide services as demanded by city residents.
• SB 1404 holds cities to specific maintenance times without taking into account other
issues that may interfere with street sweeping. Issues that may effect street sweeping
occurring on a designated and posted day and time include employee illness, equipment
breakdown, or a city-wide emergency such as flooding, that would require diversion of
personnel to meet urgent community needs. Additionally, a city may choose to use the
time the street is clear to provide other services besides street cleaning.
• SB 1404 has the potential to set a slippery slope and could create a tendency to
disregard other posted parking restrictions and laws. On the surface, it appears that this
legislation is a small issue because it applies only to street sweeping and cleaning.
However, one could use the logic outlined in this legislation to park in a red zone (fire
hydrant area), a loading area or a handicap space and contest the ticket if a fire
department didn't actually need to use the fire hydrant, a delivery wasn't actually made,
or a disabled person didn't need to park in the handicapped space. Additionally, one
could argue that they don't have to stop at a stop sign if no cross-traffic is present.
Almost 80 percent of Californians live within city boundaries and have an expectation of services
that must be provided to maintain a clean and healthy environment. Cities should have the
authority to continue providing the best services possible to residents of their communities based
on local needs. Staff: Liisa Lawson Stark; Status: AsmFlr; Position: Oppose.
Send a Letter in Support of a League Position! Here's Who to Contact:
For legislators' phone numbers, addresses and e-mail please see the Advocacy Center.
11August 18, 2006
Issue #33-2006
CITY OFFICIALS KEY TO DEFEATING PROP. 90
With the election a little over two months away, it's critical that League
members stay engaged and active in the campaign to defeat Proposition 90.
There are several ways for local officials to get involved:
For more, see Page 8.
TWO MORE WEEKS: WATCH FOR 'HOT BILLS'
"Hot August Nights" has a special meaning in Sacramento — referring both
to the weather and to the heated push at the State Capitol to kill or pass bills
before the August 31 final recess of the 2005-06 legislative session. This is
the time for anyone concerned with legislation to pay close attention.
For more, see Page 5.
UPDATE ON H.R. 5252 (SENATE FEDERAL TELECOM BILL):
TIME TO WRITE OUR SENATORS
With AB 2987 (Nunez/Levine) sailing through the Legislature without ad-
dressing community concerns, (see "Two More Weeks: Watch for 'Hot Bills-)
what happens to similar legislation pending in Congress becomes even more
important for California cities. While the League is strongly opposed to AB
2987, there are also serious concerns with H.R. 5252 — and as currently written,
the federal bill would pre-empt AB 2987.
For more, see Page
111:1=11._
Page 2
7th Annual Race Equality and Inclusive Communities Week
Homeland Security Funding for First Responders: Federal Commercial Equipment Direct
Assistance Program Now Accepting Applications
Find a Bill, Legislators, Leg Committee - Or Ask Leg Staff
Page 3
Governor Employs Enhanced Security Measures to Protect California
Governor Signs Renegotiated Gaming Compact
League Annual Conference — Has Your City Designated A Voting Delegate and Alternate?
Page 4
City Attorneys' Track at Annual Conference: Updates on Proposition 90, Proposition 218
and Utility Users Tax
How to Talk About Government: Last Chance to Sign Up for ILG Symposium Lunch at Annual
Conference!
Page 5
League of California Cities Annual Conference: All Politics is Local
Page 10
Legislative Bill Summaries
WANT MORE DETAILS
ON BILLS?
Visit the League of
California Cities
website at
wvvw.cacities.org/
billsearch.7TH ANNUAL RACE EQUALITY AND HOMELAND SECURITY FUNDING FOR FIRST
INCLUSIVE COMMUNITIES WEEK RESPONDERS: FEDERAL COMMERCIAL
The National League of Cities (NLC) has EQUIPMENT DIRECT ASSISTANCE PROGRAM
designated the week of September 25-29 as the NOW ACCEPTING APPLICATIONS
7th Annual Race Equality and Inclusive Commu-
nities Week. The U.S. Department of Homeland Security
The week will be used to showcase what
cities are doing nationwide to promote racial
and ethnic equality and inclusive communities.
NLC will highlight the roles and practices of
cities in Nation's Cities Weekly and online at
www.n1c.oro and encourages all cities and state
municipal leagues to take part.
In addition, NLC is also offering a free Race
Equality and Inclusive Communities Kit that will
provide information and ideas. Visit
www.nlc.oro to download the kit.
The Partnership for Working Toward
Inclusive Communities
By participating in Race Equality and Inclu-
sive Communities Week, cities and organiza-
tions will also be joining NLC's Partnership for
Working Toward Inclusive Communities, led
by NLC President James C. Hunt, council
member from Clarksburg, West Virginia. The
goal of the partnership is to connect cities work
on equality, fairness, and democratic gover-
nance. Cities that have already signed up for
the partnership are welcomed and encouraged
to participate in the week through activities in
their cities.
For more information, contact NLC at (202)
626-3172 or via e-mail at hoene@n1c.org .
(DHS) has announced that the application period
for the FY 2006 Commercial Equipment Direct
Assistance Program (CEDAP) is open and will run
through September 15.
CEDAP will deliver more than $32 million in
equipment to first responders in selected rural and
smaller communities who are typically not eligible
for funding through the department's Urban Areas
Security Initiative (UASI) grant program. CEDAP
provides technology and equipment, together with
training and technical assistance, to help enhance
first responder capabilities nationwide.
Eligible applicants include law enforcement
agencies, fire, and other emergency responders
who demonstrate in their application that the
equipment will be used to improve their ability and
capacity to respond to a major critical incident or
improve their ability to work with other first re-
sponder.
Once the application form is submitted, it
undergoes several steps, including approval by
the applicant's respective State Administrative
Agency (SAA), and a review board composed of
subject matter experts. For more information on
how to obtain and submit an application for a FY
2006 CEDAP award, call (202) 282-8010.
Legislative Resources page
tos.ter .On ti:cOntaoti nformati.dn.ifortti4:.
L .lagt ;:tP
i.Search .prbgram,.:::boCkgrouher:rnaterial .::.oR..
lobbying your legislators and more
PAGE 2 - PRIORITY FOCUS
Visit the League's Official Website--www.cacities.org
August 18, 2006 - Issue #33GOVERNOR EMPLOYS ENHANCED
SECURITY MEASURES TO
PROTECT CALIFORNIA
The League of California Cities has been
updated by the Governor's Office and other state
officials on pertinent homeland security issues
surrounding the recently thwarted plot to bomb
multiple overseas flights from Britain to the United
States.
The following are some of the measures that
have been taken to secure the safety of
California's citizens and the state's infrastructure:
• The Governor deployed California National
Guard members to the San Francisco (SFO),
Oakland, and Los Angeles (LAX) international
airports to assist local law enforcement in security.
National Guard members have also assisted the
Governor's Office of Emergency Services in
security measures as needed.
• The Governor's Office of Emergency
Services (OES) will continue to monitor the situa-
tion and to keep statewide local law enforcement
and fire officials informed on developments. Local
first responders have been informed of fire/rescue
mutual aid programs.
• The California Highway Patrol (CHP) will
continue to communicate with law enforcement
agencies, as well as offer assistance and re-
sources. CHP will also continue to monitor the
ports, truck inspections stations, bridges, high-
ways, and other infrastructure components.
For further information, visit
www.governorca.gov. The League will continue to
provide updates as developments occur.
GOVERNOR SIGNS RENEGOTIATED
GAMING COMPACT
On August 8, Gov. Arnold Schwarzenegger
signed a renegotiated gaming compact with the
Agua Caliente Band of Cahuilla Indians. In a win
for local governments, the compact requires the
tribe to reach intergovernmental agreements with
Riverside County and any impacted cities to
account for and mitigate the effect of gaming
facilities on law enforcement, fire protection, and
public services.
The compact also permits the tribe to operate
an additional 3,000 slot machines and the ability to
establish a third casino on their tribal lands if it
can demonstrate community support. The
amended compact must now be ratified by the
State Legislature.
The League will continue to monitor the
compact and its progress through the Legislature.
LEAGUE ANNUAL CONFERENCE - HAS
YOUR CITY DESIGNATED A VOTING
DELEGATE AND ALTERNATE?
Does your city want to vote on the resolutions
that will be considered at this year's Annual
Conference? If so, it must, by city council action,
designate a voting delegate (and alternate) in
order to participate. More than 300 cities have
made their designations. Has yours?
If not, you still have a chance. Although the
deadline to return the voting delegate forms has
passed, cities may still fax completed forms to the
League of California Cities office through Septem-
ber 1 and bring the original to the Voting Delegate
desk at the conference in San Diego. Forms are
available on the League website at
www.cacities.org/resolutions.
Questions about voting delegates should be
directed to Debbie Kinsey at (916) 658-8221 or
dkinsey@cacities.org .
Visit the League's Official Website--vvww.cacities.org
PRIORITY FOCUS - PAGE 3
August 18, 2006 - Issue #33CITY ATTORNEYS TRACK AT ANNUAL
CONFERENCE: UPDATES ON
PROPOSITION 90, PROPOSITION 218
AND UTILITY USERS TAX
The City Attorneys' Department Legal Track at
the Annual Conference will include presentations
on issues of particular interest to elected officials,
city managers, city clerks, finance directors, public
works directors, planners and others. On Friday,
September 8, the department will have a presenta-
tion at its 9:15 a.m. session on Proposition 90, the
so-called "Protect Our Homes Initiative." Ken
MacVey, with the law firm of Best Best & Krieger
will be presenting.
Also on Friday, as part of the 11 a.m. session,
the department will have presentations on utility
users taxes as well as a Proposition 218 update.
Betsy Strauss, special counsel to the League of
California Cities, will provide an update on the
latest legal developments affecting utility user
taxes (UUTs). At the same session, Michael
Colantuono of the law firm of Colantuono & Levin
will provide an update on Proposition 218 litigation,
including the recent Supreme Court case of
Bighorn-Desert View Water Agency v. Verfil.
The entire City Attorneys' Department Legal
Track program can be found by going to:
www.cacities.orgiattorneys and clicking on "Edu-
cation."
:*
•
• w
•|10 10|To check out ILG's latest activities,
•
please visit www.ca-ilg.orginewswire by
•
cli-kin^ on
t
his link or pasting th-
•
dress to your browser.
•
•
•
• * •• •••• oses•eame••••••
HOW TO TALK ABOUT GOVERNMENT:
LAST CHANCE TO SIGN UP
FOR ILG SYMPOSIUM LUNCH
AT ANNUAL CONFERENCE!
Want to hear cutting edge research on com-
munications strategies to encourage positive and
supportive reactions to public agencies? Join us
at the Institute for Local Government's luncheon
on Thursday, September 7 at the League's Annual
Conference in San Diego from 11:15 a.m. to
12:45 p.m. Tickets for the event are $40 per
person, which covers lunch.
Deadline for signing up is September 1 (when
we need to commit to a final lunch purchase—
sorry, no onsite registrations). For more informa-
tion and to sign-up, visit www.ca-lig.org/symno-
slum, download or print the "Last Minute Sign-up
Form" and fax it to (915) 444-7535 or e-mail it to
kjensen@ca-ilg.org with your payment informa-
tion. Don't miss this once-in-a-lifetime opportu-
nity!
Looking for California's Best
tD Fi; a Position
in Your City?
Western City magazine's job opportunity
section is the source for job seekers
looking for positions in local government.
According to our reader survey, the job
opportunity section is the best read
section of our magazine!
When you place an ad in Western City
magazine, it will be posted at no addi-
tional charge on our website, which
receives over 80,000 hits per month.
Call to place your
recruitment ad today!
We Have What You Need
(800) 262-1801 or visit our website at
www.westerncity.corn
PAGE 4 . PRIORITY FOCUS
Visit the League's Official Website--www.cacities.org
August 18, 2006 - Issue #33LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE: ALL POLITICS IS LOCAL
The 107th League of California Cities' Annual
Conference will take place in San Diego this year,
beginning on September 6 and running through
September 9, at the San Diego Convention Cen-
ter.
HOT BILLS from page 1.006090616, 6 0410
Bills that you thought had died in a committee
can suddenly be resurrected. Other innocuous bills that had been stagnating on the Senate or
Assembly floor could suddenly appear with all the
old language removed, replaced by new and very
alarming language (a "gut-and-amend").
Under this year's theme, "All Politics Is
Local," - a statement that emphasizes the impor-
tance of city officials working together toward our
common goals - the annual conference is a
special combination of training, dialogue and
networking events. More than 2,000 attendees are
expected at the conference, representing over 400
California cities.
San Diego Mayor Jerry Sanders, League
President Alex Padilla, Fort Bragg Council Member
Jere Melo, National League of Cities President
James Hunt and League Executive Director Chris
McKenzie are all scheduled to speak at the
conference's opening session. The keynote
speakers at this year's general sessions are
Kevin Carroll, author of Rules of the Red Rubber
Ball: Find and Sustain Your Life's Work, who will
present the opening keynote address; John Avian,
former speechwriter for Mayor Rudolph Giuliani
who will deliver the keynote on the conference's
second day.
California's gubernatorial candidates have also
been invited to speak at the conference's closing
general session on September 8.
For more information on the conference, and a
preliminary schedule, visit vvww.cacities.org/ac .
Advance registration is closed, but registration will
be available on-site! Registration costs for city
officials are $435 for the full conference or $250
for one day. Please note that spouse/guest
registration is $100. All questions can be directed
to (916) 658-8291.
With two weeks left in the legislative session,
the League has already spotted a few bills that
illustrate the creative nature of law-making during
this time of the year. In other cases, we are
closely monitoring to catch changes to bills that
could concern cities.
The following provides an update on some of
"hot" bills that cities should be aware of. Updated
information on all of these bills is available on the
Bill Search section of the League's website
(vvww.cacities.org/billsearch).
Hot Bills to Watch
TELECOMMUNICATIONS
AB 2987 (Nunez/Levine), as amended
August 7. Cable and video service. League
position: Oppose.
This bill passed off the Senate Appropriations
Committee Suspense File on August 17, with no
opposing votes. Amendments were taken in
committee to address only those issues that the
telephone companies sponsoring the bill agreed
could be taken up, and only in a manner accept-
able to them. The League and the many other
organizations with serious concerns about the bill
still do not have final amendments so that we can
report what amendments were taken. The bill
now moves to the Senate floor for vote, before
returning to the Assembly for vote to concur with
Senate amendments.
SB 1627 (Kehoe), as amended August 10.
Wireless communications facilities. New
League Position: Neutral.
This is NOT a gut-and-amend; recent amend-
ments are the result of extensive work by the
Continued on Page 6
Visit the League's Official Website--www.cacities.org
PRIORITY FOCUS - PAGE 5
August 4, 2006 . Issue #31HOT BILLS from page 5
League and others. The goal of the bill is to
streamline local approval processes to co-locate
antennas, towers and telecommunications
devices on existing structures. With August 10
amendments that allow a local agency to limit to
less than 10 years the term of a permit for public
safety reasons or substantial land use concerns,
the League has removed its opposition to the bill.
2704 0 000.60 fli 3 O43200 004000 601B4P000 00400
This bill continues to meddle with the standard
for "blight" in determining a redevelopment area by requiring findings that each blight factor is signifi-
cantly worse in the blighted area than the rest of
the city. Ironically, this will make blight findings
most difficult in large and less affluent communi-
ties.
EMPLOYEE RELATIONS
AB 3026 (Lieber), as amended August 16.
Workers Compensation: Peace Officers.
League position: Oppose.
This is another "gut-and-amend," which we
alerted cities to last week. This bill would sub-
stantively exempt local agency peace officer
employees from the managed medical care
provisions that were included in the 2004 workers'
compensation reforms contained in SB 899
(Poochigian). In addition, the bill contains provi-
sions that could significantly increase extended
leave benefits for local agency peace officer
employees. The bill would mandate huge costs
upon local agencies that we believe are claimable
as reimbursable state mandates.
We urge cities to write to their senator to
ask for a NO vote on this measure. Also,
write your assemblymember with the same
message and write the Governor to urge a
veto if the bill is passed by the Legislature.
This bill is on the Senate floor and could
be brought up at any time. (It may first be sent
to the Senate Labor and Industrial Relations
Committee for a quick hearing prior to being re-
sent to the Senate floor – but this would happen
quickly, perhaps all within one day.) Visit
www.cacities.orgibillsearch and look up AB 3026
to view both a joint League/local agency letter and
a sample letter.
AND USE AND HOUSING
SB 1206 (Kehoe), as amended August 8.
Redevelopment. League position: Oppose.
SB 1322 (Cedillo), as amended August 7.
Housing. League position: Oppose.
This bill would require agencies to identify by-
right zoning in the housing element for emergency
shelters and expand application of the anti-NIMBY
law to special needs facilities housing seven or
more people. There is no limit on the size. A
special needs facility includes social rehabilitation
facilities and adult day program facilities.
AB 2511 (Jones), as amended August 7.
Land use: Housing. League position: Op-
pose.
This bill would impose sanctions on local
governments who fail to file annually a yet-to-be-
completed form with the California Department of
Housing and Community Development describing
their compliance on their housing element.
PUBLIC SAFETY
AB 1405, (Evans)- as amended August 14.
Local Fire Department Staffing Standards.
League position: Oppose.
This is a classic example of "end-of-session
gut-and-amend." Until August 14, this bill dealt with
disaster relief, and was parked on the Senate floor,
without coming up for hearing.
But on August 14, it was amended to increase
the data reporting requirements of local fire agen-
cies, and requiring that the State Fire Marshall
compare that data to NFPA 1710— a voluntary
standard produced by the National Fire Protection
Association.
Continued on Page 7
PAGE 6 • PRIORITY FOCUS
Visit the League's Official Website--www.cacities.org
August 18, 2006 - Issue #33HOT BILLS from page 6 oemestfe,64140066490600,40464.46;600/60040060604$
This makes AB 1405 substantially similar to
two previous bills: AB 2406 (Bermudez) of 2004,
opposed by the League and subsequently vetoed
by Gov. Schwarzenegger; and AB 260 (Bermudez)
of 2005, which failed passage in the Assembly
Appropriations Committee due to significant state
mandated costs to local governments.
In his veto message on AB 2406 (Bermudez),
the Governor stated, "Fire protection service
standards are directly dependent on the local
decision-making process. Local agencies are in
the best position to evaluate their conditions to
match community needs with available re-
sources."
Additionally, the Governor vetoed AB 566
(Bermudez) last year, similar in scope to AB 1405,
AB 260 and AB 2406 for similar reasons as noted
above.
It is still unclear if this bill will move forward. It
is currently in the Senate Rules Committee, and
committee staff has indicated that because the bill
was introduced so late in the session, does not
contain an urgency clause, and would require
numerous legislative rule waivers to be heard in
the Legislature, it is not likely to go anywhere.
2005. The League is watching the bill, in part
because of reports that the bill could be leveraged by Republicans who are interested in expanding
tax credits for businesses in a way that could
potentially include both state and local taxes.
For example, an August 17 story published in
Capitol Weekly entitled "Runner Calls for Deal on
Runaway Productions," reported that "Senate
minority leader Dick Ackerman, R-Irvine, con-
firmed that Republicans have been negotiating
with the Speaker's office for six months and
expect to have a package ready before the end of
session. He said they were likely to roll in a
research and development tax credit and a sales
tax credit for manufacturer's (sic)."
The article goes on to quote Sen. George
Runner, R-Antelope Valley: "If we could do $70
million for Hollywood (the estimated cost of the AB
777 tax credits), it should be balanced out by $70
million for other kinds of incentives. If the speaker
would decide there is a dollar-for-dollar amount, a
deal could be done."
There are two other "dead" bills to watch as
potentially being folded into a tax credit package —
both sponsored by Democrats. They are:
However, we encourage you to track this
legislation closely. If the author is successful in
moving the bill forward, it could have significant
impacts on your city. Visit wvvw.cacities.org/
BillSearch to see details on the bill, and a copy of
the League's letter of opposition.
REVENUE AND TAXATION
AB 777 (NLifiez), as amended August 17,
2005. Taxes: credits: qualified motion picture
production. League position: Watch.
This bill would authorize film production com-
panies to take a credit against their personal
income and income taxes, as a means of reduc-
ing incentives to the companies to film outside of
California. The bill has been parked in the Senate
Revenue and Taxation Committee since August of
AB 2218 (Torrico), as amended May 17, 2006.
Sales and use taxes: exemption: manufacturing
equipment. League position: Watch.
AB 2033 (Lieu), as amended April 25, 2006.
Income and bank and corporation taxes: credit:
Joint Strike Fighter and Crew Exploration Vehicle.
League position: Watch.
The League will continue to monitor these bills
to identify any potential impacts on local revenues.
ENVIRONMENTAL QUALITY
AB 1899 (Wolk), as amended August 17 —
Flood Protection. League position: No Posi-
tion at This Time
Continued on Page 8
Visit the League's Official Website—www.cacities.org
PRIORITY FOCUS . PAGE 7
August 18, 2006 - Issue #33HOT BILLS from page 7 43 44 6476 000000600000*60000000440006 00004;000 0047 000
This "Show Me the Flood Protection" bill was
amended on Thursday, August 17, and passed out
of the Senate Appropriations Committee. While it
would normally go next to the Senate Floor, it has
been sent to the Senate Rules Committee, where
a plan may play out to combine AB 1899 with other
flood protection bills.
Candidates for possible inclusion in a mega-
bit! are: AB 802 (Wolk), AB 1899 (Wolk), AB 1665
(Laird), AB 3022 (Umberg), AB 2500 (Laird), AB
1528 (Jones) and SB 1796 (Florez). It is un-
known whether or not the issue of liability will
move forward as a stand alone bill or be part of
the mega-bill - or, not be included at all. The
League has expressed concern about using the
mega-bill approach, as have other interest groups.
We'll keep cities posted.
AB 1899 is limited to greenfield areas within
the Sacramento-San Joaquin River watershed
areas, primarily those that are behind project
levees and would flood to a depth of three feet
should a levee fail. The recently adopted amend-
ments respond to a number of the issues raised
by the League, including the following issues:
The bill now uses the Federal Emergency
Management Act (FEMA) definition of developed
area and primarily covers proposed development
outside of a "developed area." It also recognizes
areas that are designated A99, AE or AR zones
when requiring so-called "firm 100 year protection"
and provides additional time for an area to plan for
and achieve 200 year protection.
The League is studying the bill, with input from
its flood control working group. Because the bill is
now in Senate Rules Committee, the amended
version is not available in print. However, a
scanned version of the amendments adopted this
week are available on the League's website at
www.cacities.org/billsearch . Look up AB 1899 and
scroll down to attachments, where the amend-
ments are posted.
AB 2951 (Goldberg), as amended August
17. Capital Facilities Fees. League Position:
Support.
As amended, AB 2951 passed out of the
Senate Appropriations Committee this week with
only one no vote. This highly controversial bill
would clarify existing law regarding whether or not
municipal utilities (i.e., energy, water, waste water)
can charge other public agencies capital facilities
fees. The opposition to the bill is led by the
schools. However, the author, a major supporter
of education, has taken a strong leadership role in
moving ahead with AB 2951.
AB 2951 is now pending on the Senate Floor,
where it will still face considerable opposition. All
cities should be sure they contact their Sena-
tors and Assembly Members and urge them to
vote AYE on AB 2951. Copies of League letters
and technical information about the bill are avail-
able by looking up the bill on the League's website
at www.cacities.org/billsearch.
0000 0 04,0 00000 000 000 0000 0
PROP. 90 from page 1
City officials can participate using their per-
sonal time and without using any public re-
sources. (For details, see "Working on a Ballot
Measure Campaign: The Do's and Don'ts." This
article can be found on the League website at
www.cacities.org/ballotmeasure.
1. Help Fundraise. Fundraising is key and
we are working hard to raise the funds necessary
to have an aggressive TV advertising and direct
mail campaign closer to November and need your
help. Contact your regional representative to see
how you can become part of a local fundraising
team.
2. Be part of our chamber speakers
bureau. Our regional staff is busy lining up
presentations to local chambers to educate them
about the negative impacts Prop. 90 will have on
local economies and businesses. Volunteer to
make presentations to chambers in your commu-
nity.
3. Help with outreach to ethnic and com-
munity groups. Leaders from social justice
groups and low-income advocacy organizations
have told us that ethnic elected officials are key to
Continued on Page 9
PAGE 8 - PRIORITY FOCUS
Visit the League's Official Website-vvww.cacities.org
August 18, 2006 - Issue #33PROP. 90 from page 8 001166666066,66
reaching minority voters. Many of you are already
very engaged with your local advocacy groups and
we encourage you to speak to them about Prop.
90.
Coalition Against Prop. 90 Continues to Grow
The opposition to Prop. 90 continues to grow
as more groups learn about this deceptive and
costly measure. in the last week, the following
groups have pledged their opposition to Prop. 90
along with dozens of local elected officials:
• California State Sheriffs' Association
• Windsor Fire Protection District
• Ontario Chamber of Commerce
• California Tax Reform Association
• Ventura County Taxpayers Association
• San Diego Housing Federation
• Association of California School Adminis-
trators
• Western Center on Law & Poverty
• California Association of Sanitation Agen-
cies
For a coalition list, visit www.NoProo90.com .
Time is short, and the actions we take in the
next few weeks will literally shape California's
landscape for the next few decades.
Unless we all come together in the next few
weeks to raise the funds and run the campaign
that is needed, California residents and local
governments will live with the devastating conse-
quences of Prop. 90 for a long time to come.
Note: This story is produced using non-public
funds of the League of California Cities.Public
officials are urged to avoid using public funds and
equipment in supporting or opposing any ballot
measure, including Prop. 90. We urge you to send
your private email address to your League Re-
gional Representative for regular updates on the
"No on Prop. 90" campaign and information on
how you can help with your personal time and
resources.
H.R. 5252 from page 14,6***eeoeltoos
The League urges cities to write to California
Sens. Barbara Boxer and Dianne Feinstein to thank
them for their support for California cities' telecom-
munications reform priorities, but to ask them to
continue to oppose this measure. A sample letter is
available on the League's online Advocacy Center
(vvww.cacities.orgiadvocacycenter).
Background on the Federal Telecom Bills
Two versions of telephone company-sponsored
telecommunications legislation were introduced in
Congress this year, one bill in the House and one in
the Senate. The House bill, H.R. 5252, (Barton —
Texas), which is a national franchise, passed out of
the House in June in a form that is strongly op-
posed by the League, the National League of Cities
and other local government organizations.
The Senate bill began as S. 2686 (Stevens —
Alaska), but passed out of the Senate Commerce,
Science, and Transportation Committee in late June
renamed as H.R. 5252. As city officials compare
the three bills, one thing to note is that AB 2987 is a
state-issued franchise, while the Senate version of
H.R. 5252 is a national franchise that is locally
administered. Sen. Boxer, a member of the commit-
tee, worked with other senators to achieve some
improvements in the bill, serious problems remain.
These include the following:
• Access for All Consumers. The bill lacks
build-out requirements that will ensure that 21st
century telecommunications service will be available
to all consumers.
• Preserving Valuable City Services. We
concerned with the potentially significant impact of
the cell phone and tax moratorium amendments
added during markup of the legislation.
• Opt-outs for Bundled Services. The bill
allows video service providers who bundle their
service with satellite services to opt out of the
franchise negotiation process, thereby avoiding the
obligation to compensate communities for and safe
and responsible use of public rights of way.
The amended version of the bill finally became
available on August 4, and is available on the
Continued on Page 10
Visit the League's Official Website--wvomcacities.org
PRIORITY FOCUS - PAGE 9
August 18, 2006 - Issue #33H.R. 5252 from page 9
Telecom Page on the League's website
(www.cacities.ora/telecom).
6666606 6041**6 0066606660 60 69 6 .6 0 066616 6
requires 60 votes to overcome a filibuster, and it is
not clear that the measure could rally the 41 votes
necessary to end a filibuster as currently drafted.
Current Status. It is not clear that this bill will
come up in the full Senate for a vote this year. This
is because Sen. Ron Wyden (D-Ore.) has placed a
hold the Senate committee-approved bill based on
his concern with the bill's treatment of the issue of
net neutrality The hold signals the senator's intent
to filibuster the legislation if it should be brought to
the floor, until his concerns with the bill's net neu-
trality provisions are addressed. The Senate
Still, with the bill now available in its amended
form, it is time to get your letters in to our senators.
(For sample letter visit www.cacities.org/
advocacycenter.) Please send copies to League
Legislative Analyst Genevieve Morelos at
gmorelos@cacities.org .
Legislative Bill Action
The following are summaries of just a few of the legislative bills that are currently being acted upon
by the League of California Cities. For more information about these and other bills, please visit
the League website to access information about legislation, policy issues and related develop-
ments. You can track information on bills (www.cacities.orgibillsearch), locate legislators and
legislative committees, send letters to legislators or the media through the online Advocacy Center
(www.cacities.orgiadvocacycenter), research League policy positions, access useful related
links, and much more.
ENVIRONMENTAL
SB 1733 (Aanestad). Water Quality. Small
Cities. SB 1733 would clarify the definition of
small communities in the mandatory minimum
penalty (MMP) statute and confirm the
Legislature's intent that public agencies be af-
forded due process rights when they participate
as a party in a proceeding before the state or
regional boards. In its current form, SB 1733 now
includes the MMP provisions as well as some of
the provisions included in AB 362 (Aghazarian),
also supported by the League.
SB 1733 unanimously passed out of the
Assembly Appropriations Committee. It is jointly
supported by the League, CSAC, the Regional
Council of Rural Counties and the California
Association of Sanitation Agencies. Staff: Yvonne
Hunter; Status: Pending on AsmFlr; Position:
Support.
ADMINISTRATIVE SERVICES
SB 1179 (Morrow). Recreational activities:
skateboarding. Hey, dudes and dudettes - let's
get on down to the skateboard park and celebrate!
SB 1179 (Morrow) passed the Assembly on a vote
of 71-0 and is now awaiting action by the Gover-
nor.
SB 1179 would change the age threshold from
14 years old to 12 years old that provides limited
immunity to public agencies for injuries to skate-
boarders performing a trick, stunt or luge in a
skatepark. It would also extend the sunset date for
this limited liability by four years from 2008 to
2012.
Skateboarding is a part of California culture
and cities throughout the state have responded to
interest in their communities by building
skateparks. These parks provide a place where
PAGE 10 - PRIORITY FOCUS
Visit the League's Official Website-www.cacities.org
August 18, 2006 - Issue #33Stay Up-To-Date on Bills That
Become a regular user of the League's
online Legislative Tracking System. The
League's website is your gateway to all the
information you need: bills sorted by subject
areas, showing the bill history, current
status, committee analyses, votes, and
much more You can even view League
lotters of support or opposltion, and the League lobbyist working on the bill.
Legislative Bill Action
young and older skateboarders can demonstrate
their artistic skateboarding skills. For many youth,
the parks are a safe place to play or hang out.
Increasingly, the age level of skateboarders in
skateparks has become lower.
While cities are interested in providing a safe
place for the youth to play, the potential liability
cities face for injuries by skateboards performing in
public skateparks continues to be a concern.
Although cities require that helmets and pads be
worn, the liability issue has at times put a chill on
the ability and willingness of cities to expand
existing or build new skateparks.
Interested cities should write the Governor and
request that he sign SB 1179 and write Senator
Morrow for his willingness to stick with the issue
and move ahead with the bill. Staff: Yvonne Hunter.
Status: Governor's Desk. Position: Request
Signature.
TRANSPORTATION
SB 1404 (Machado). Vehicles. Parking
Violations. Street Cleaning. SB 1404 adds
Section 22507.6 to the Vehicle Code to specify that
a person is not in violation of a local ordinance if
they park in an area with posted restrictions for
street cleaning or sweeping, unless street cleaning
occurs during the posted time period. The League
is opposed to this measure for several reasons:
• SB 1404 is unnecessary and attempts to
interfere with a city's authority to provide
services to residents. Under current law, cities
have the right to provide and manage services
within their jurisdictions, and resolving any local
issues should be left up to the entities responsible
for providing purely local services.
• SB 1404 attempts to strip away authority
to enforce local ordinances for services that a
city has the right to provide. Regulation of
street sweeping, as proposed in SB 1404, would
be a one-size-fits-all approach that doesn't reflect
the uniqueness of each city, doesn't take into
account the many varied street sweeping pro-
grams that exist, and doesn't give authority to
local governing bodies to provide services as
demanded by city residents.
• SB 1404 holds cities to specific main-
tenance times without taking into account
other issues that may interfere with street
sweeping.
• SB 1404 has the potential to set a
slippery slope and could create a tendency to
disregard other posted parking restrictions
and laws.
SB 1404 passed off of the Assembly Floor on
August 17, 2006 and is headed to the Governor's
desk. We encourage cities to write the governor
and request his veto on a bill that imposes Sacra-
mento judgments on cities. Staff: Liisa Lawson
Stark; Status: To Governor; Position: Oppose.
Visit the League's Official Website--www.cacities.org
PRIORITY FOCUS - PAGE 11
August 18, 2006 - Issue #33