LEAGUE ADOPTS POSITIONS ON by wanghonghx

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									                                                                               April 26, 2002
                                                                             Issue #17-2002




HOT BILLS
AB 2333 (Nakano). Transportation Funding.
SB 1262 (Torlakson). Streets and Highways. Local Transportation Capital Improvement
Projects.
SB 1506 (Romero). Meyers-Milias-Brown Act. Agency Shop Agreements. Impasse.
Retention of Vehicle License Fee Offset Payments.
AB 2908 (Goldberg). Local Public Employee Organizations.

SCA 7 (Burton). Access to Government Information.


FOURTH DISTRICT COURT OF APPEAL FINDS SB 402
UNCONSTITUTIONAL

    An appellate court found on April 22 that SB 402 (imposing binding interest
arbitration on local agencies for public safety salary disputes) unconstitutional. The
court of appeal’s decision explained that SB 402 violates two sections of the California
Constitution.

    The two sections found to be violated are:

   •    Section 11(a) of article XI of the California Constitution. That provision was
added to the Constitution to prohibit the Legislature from delegating authority to private
persons over city and county budgetary decisions and other local functions.

   •    Section 1(b) of article XI of the California Constitution. That provision was also
added to the constitution to increase local control and accountability by specifying that
employee compensation issues be determined by county boards of supervisors.

   The constitutional issues arose in the context of Riverside County’s negotiations with
one of its public safety unions.

    The court rejected union arguments that “statewide concerns” about public safety
issues should override these constitutional provisions. Among other things, the court
observed that the state’s conclusions about the need for binding arbitration to protect the
state’s concern about public safety are undermined by the exclusion of its own public
safety personnel from binding interest arbitration. The full text of the court’s opinion is
available on the League’s special SB 402 website (www.cacities.org/SB402).




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   The Riverside union’s attorney previously has indicated the union will seek California
Supreme Court review of any adverse decision.

    Also coming up is oral argument on the Ventura County public safety union’s appeal
of the trial court decision finding SB 402 unconstitutional. That argument will occur on
May 8th before the Second District Court of Appeal.

   League special counsel Steve Mayer of Howard, Rice, Nemerovski, Canady, Falk
and Rabkin, argued the Riverside County case and will be arguing the Ventura County
case.
Housing Bond Bill Signed by the Governor; $100 Million Allotted for
the Jobs-Housing Balance Program

    Governor Gray Davis signed legislation April 22nd to put a $2.1 billion housing bond
on the November 2002 ballot and announced other initiatives designed to reduce
homelessness. If approved by the voters, the housing bond will provide $195 million for
the Emergency Housing Assistance Program and invest another $195 million into
supportive housing for families who are moving from emergency shelters or who are at
risk for homelessness.

    SB 1227 by Senate President pro Tempore John Burton (D-San Francisco)
authorizes the $2.1 billion general obligation bond to be placed on the November 2002
ballot. The measure also includes:

•   $910 million for the Multifamily Housing Program;
•   $200 million for the Joe Serna, Jr. Farmworker Housing Grant Program;
•   $205 million for the CalHome Program;
•   $5 million for code enforcement programs administered by the Department of
    Housing and Community Development;
•   $100 million for the Jobs Housing Balance Program; and
•   $290 million allocated to the California Housing Finance Agency’s California
    Homebuyer Down payment Assistance Program.

    Cities interested in the $100 million that would be allocated to the Jobs Housing
Balance Program should pay special attention to SB 423 (Torlakson). Although it is
currently a property tax bill, SB 423 will most likely become the vehicle for regulating the
allocation of the $100 for the Jobs Housing Balance Program.

PG&E Bankruptcy Motion on Franchise Fees

    PG&E has filed 2 motions seeking authority to spend about $4 million to hire outside
consultants to prepare for the transfer of lands to spin-off entities and for the applications
for new permits and franchises to be obtained by the spin-offs under its proposed plan of
reorganization. PG&E states that the lead-time for permits and franchises could be up to
12 months because, in some instances, new franchises must be voter approved. PG&E
also cites the burden on cities and counties that may receive multiple applications as a
reason to commence the work now.




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    Both hearings are scheduled for May 9, 2002, at 1:30 p.m. Objections must be filed
and served 5 days before the hearing (May 3 because of the weekend). If your city has
a franchise agreement with PG&E, you may wish to have your city attorney review the
motion. The motions are available on and may be downloaded from the Court’s PG&E
web page (www.canb.uscourts.gov ) Docket Nos. 5985 and 6048. League contacts on
this issue are Frances Medema (medemaf@cacities.org) and Alisa Fong
(fonga@cacities.org).




                                     Page 3 of 16
Battery Backup System for Traffic Signals Grant Program

    SB 84XX (Burton), which the League supported, was signed into law last year,
thereby directing the California Energy Commission to provide matching grants for
Battery Backup Systems (BBS) for intersections with light emitting diode (LED) traffic
signals. All cities, counties, and cities & counties that have retrofitted traffic control signal
intersections with LED are eligible to apply.

     For BBS installations that occurred between January 1, 2001 and September 28,
2001, $1.5 million is available. In addition, up to $8.5 million is available for new
installations that will occur after the Commission approves grant applications. The
Commission will fund 70% of the battery backup system while the local government is
responsible for funding 30% of the cost. The BBS must control LEDs, intersections must
at least have a red LED traffic module, and the BBS and cabinet must meet the Energy
Commission specifications indicated in the grant loan application.

Applications are due June 21, 2002. For more information, contact David Rubens, 916-
651-9857, or visit the California Energy Commission web site at:
http://www.energy.ca.gov.

SUMMARY OF LEAGUE BOARD ACTIONS--April 18-19

    At its regular meeting in Sacramento April 18-19, 2002 the League Board of
Directors received briefings or took action on the following items:

    Appointment of Nominating Committee. Concurred in the President’s appointment
of a nine-member nominating committee, chaired by Marland Townsend, Council
Member, Foster City and Peninsula Division Director, to nominate a slate of officers and
at-large board members to serve on the 2002-2003 board of directors. Other members
include directors from eight regional divisions—i.e., Central Valley, Imperial County,
Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley, and
San Diego County. Under the recently approved bylaws next year the remaining eight
divisions will be represented on the nominating committee. Notice of the opportunity to
serve on the board will be mailed to city officials in the near future.

    2001 Membership Survey. Received the report of APCO Associates, Inc. that was
retained to conduct a benchmark survey of League member city officials’ opinions about
the effectiveness of the League. The survey indicated the League is well regarded
among its members, with three-quarters rating the League positively. Awareness and
opinion on the new Grassroots Network is high, and members want it to focus primarily
on protecting existing city revenues.

    Fiscal Reform/LOCAL Campaign Update. Received a report on the decision by the
League to delay a ballot measure on revenue protection until 2004 and the formation of
a statewide coalition to protect the interests of cities in the state budget process known
as LOCAL (Leave Our Community Assets Local). Partners include the counties (CSAC),
special districts (CSDA), and various other state and local organizations.




                                          Page 4 of 16
    Legislative Issues. Approved, or approved as amended, the recommendations of
various policy committees on a range of bills, including SCA 7, concerning open
government.

   Water Quality Task Force. Approved the recommendation of the City Managers
Department to form a new League task force on Water Quality Regulation to study the
challenges facing cities as state and regional water quality standards are increased
across the state in connection with wastewater and storm water permits.

    Regional Governance Trends Task Force. Received and approved a
recommendation of the City Managers Department that the League and CSAC form a
joint task force to study the possible implementation of the recommendations of the
Speaker’s Commission on Regionalism.

    Legal Advocacy. Approved the coordination of friend of the court briefs in a number
of cases affecting cities. Received an update on SB 402 (binding arbitration cases).

    Strategic Plan Report. Received a report from the First Vice President on the status
of implementation of the League’s strategic plan and expressed appreciation for the
strategic planning status reports from the various League sub-units. All by one sub-unit
submitted a report.

   Institute for Local Self-Government. Received and complimented the report from
two officers of the Institute for Local Self-Government (ILSG), including the recent
publication of ILSG’s reports on ethics, fiscal condition of cities, and development
agreements.

    Annual Conference. Received and approved the report of the Program Committee
on the Annual Conference in Long Beach, October 3-5, 2002.

    Bylaws. Received an interim report from the Board bylaws committee on its
deliberations, including the possible addition of eight at-large positions on the board of
directors.

   Miscellaneous Items. Received the unqualified opinion of the League’s
Independent Auditor, Macias, Gini & Co., on the League’s financial statements for the
years ending December 31, 2001 and 2000. Also received the League’s investment
report and an oral report on NLC activities from board member Joe Hilson, Council
Member, Hayward.

New Tool for Revenue Enhancements

    The recent Memorandum of Understanding (MOU) between the League, CSAC and
the State Board of Equalization (SBOE) concludes a two-year effort to implement the
League-sponsored AB 990 legislation, which creates a program to enhance
administration of several local tax revenues. The MOU details the new opportunities to
improve compliance, increase revenue and reduce costs in sales, use and business
taxes for cities and counties. The MOU also establishes a significantly different
relationship between the SBOE and participating cities, shifting control of the process to




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the cities by creating new tools that enhance data sharing and interface with SBOE local
district offices.

     Highlights of the program include:

•    Partnership of cities and the SBOE to identify, report and remedy unregistered and
     misallocating sellers thus creating additional revenue for cities, counties and the
     state.

•    Formalized e-mail system that provides city enforcement staff an efficient means of
     communicating with SBOE and tracking the effectiveness of compliance efforts.

•    Specified response time periods required by SBOE to respond to all city submittals,
     providing full and timely accountability and control of SBOE compliance activities on
     city provided seller information.
•    District Office level interface between cities and SBOE with specifically assigned
     personnel.

•    Statewide registration data file provide participants, for the first time, a
     comprehensive city controlled business inventory and management system.

•    New and enhanced compliance tool capitalizes on the significant relationship
     between Business License Tax and Sales Tax information.

     Success stories reported:

•    Anaheim submitted 537 suspected sales tax errors to SSBOE in 7 months and
     cleared 250.

•    San Jose reported $581,109 in new sales and business license tax revenues.

•    Santa Ana claimed $54,000 in new business tax and certificate of occupancy
     permits.

•    Newport Beach generated $635,000 in new business license and sales tax
     revenues.

    To register for the AB 990 program contact local SBOE office. To obtain a copy of
the MOU or for more information about AB 990, contact League staff Frances Medema
at medemaf@cacities.org or (916) 658-8218.


                           FREE REGISTRATION!
                             Legislative Action Days
    Sponsored by L.O.C.A.L. (Leave Our Community Assets Local) Coalition, a partnership of the
             League of California Cities, the California State Association of Counties
                         and the California Special Districts Association

              May 15-16, 2002 -- Sacramento, California -- Sheraton Grand Hotel




                                          Page 6 of 16
          See the registration form containing dates, times and hotel information.



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. The League encourages you to review the bills and
contact the appropriate committees to demonstrate your support or opposition of issues that are
important to your community. Your assistance is appreciated.

TRANSPORTATION, COMMUNICATIONS & PUBLIC WORKS
    AB 1800 (Kehoe). Motor Vehicles. Persons with Disabilities. AB 1800 authorizes,
until January 1, 2006, a disabled person or disabled veteran, displaying special disabled
person license plates or a placard, to park in restricted zones designated for street sweeping,
without being issued a parking violation. AB 1800 runs counter to the requirements being put
in place by the State and Regional Water Quality Control Boards relative to NPDES and
TMDL permits. Allowing an exemption from parking restrictions for street sweeping would
result in cities not being able to meet the conditions of their NPDES permits, which require
that debris be removed from gutters so that it does not enter the storm drain system and
creeks. AB 1800 states Legislative intent that the provisions of this bill not be construed to
create a violation of any municipal storm water National Pollutant Discharge Elimination
System permit. Staff: Natasha Fooman, Status: AsmFlr, Position: Oppose.

     AB 2031 (Canciamilla). Vehicles: Funeral Processions. AB 2031 requires that local
authorities, whenever the regulation of traffic is authorized for a funeral procession, to
regulate formal training of, and issue to each funeral escort an identification card and an
official insignia patch indicating the funeral escort is authorized to direct traffic in accordance
with the movement of the funeral procession. Amendments were taken in Assembly
Transportation on April 22nd that apply this only to Los Angeles, thereby extending an
existing pilot program until January 2005. Staff: Natasha Fooman, Status: AsApps,
Position: Neutral.

    AB 2037 (Diaz). Public Contracts. Claims. AB 2037 requires a public entity to include
provisions in the contract for timely notification of the contractor of the claim and for recovery
of reasonable costs incurred by the public entity. This bill is a compromise with the
engineering contractors, and allows cities to charge a reasonable fee for the notice, to cover
our costs. Staff: Natasha Fooman, Status: AsApps, Position: Watch.

     AB 2087 (Oropeza). Outdoor Advertising. AB 2087 revises several provisions of the
Outdoor Advertising Act relating to billboards. AB 2087 expands existing redevelopment
area advertising display exemptions from the Outdoor advertising Act to apply to any
redevelopment agency and expands the exemption period from 10 to 20 years. Additionally,
this bill allows local governments the ability to authorize a display if it would not result in a
concentration of displays that will have a negative impact on the safety or aesthetic quality.
AB 2087 provides local governments with additional revenue and more flexibility is
addressing billboard concerns within their jurisdictions. The League supports this measure
based upon our existing policy to support the authority of cities to regulate billboards and
other signage. Staff: Natasha Fooman, Status: AsApps, Position: Support.

   AB 2333 (Nakano). Transportation Funding. AB 2333 requires the Department of
Transportation to give preference to projects that facilitate airport development and access
when allocating interregional funds to Los Angeles, Orange, San Bernardino and Riverside


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Counties within the Southern California Association of Government’s jurisdiction, if that
county is consistent with the regional transportation plan developed by the association.
Additionally, AB 2333 authorizes the Southern California Regional Airport Authority to review
the master plans and airport layout plans of each commercial airport or proposed airport in
these counties in order to determine whether the airport is in compliance or is taking the
necessary steps to achieve compliance with the Regional Transportation Plan. Even with
the amendments, AB 2333 continues to assert that communities should conform to a
document designed to be used for planning purposes only. AB 2333 takes away local
control and penalizes cities and counties for not conforming to something that is meant to
guide long-range regional planning. Regional Transportation Plans are designed to guide
transportation improvements and to help cities, counties and others plan for the future, they
are not supposed to be used to force cities and counties to build or not build what is
contained within them. AB 2333 sets a bad precedent and erodes the ability for local
governments to effectively plan for the future. Staff: Natasha Fooman, Status: AsApps,
Position: Oppose.

      AB 2511 (Dutra). Public Utilities. Relocation. AB 2511 provides that a relocation
agreement may be entered into and that the agreement must include the following elements:
location of work to be completed, cost arrangements between the parties for the work to be
conducted, schedule for the work to be completed, remedies for contract impairment,
definition of default on the part of either party, remedies for default by either party and what
constitutes abandonment of utility relocation work, and remedies for addressing any
abandonment. Additionally, AB 2511 provides that if a utility abandons relocation work under
a relocation agreement with a public entity, the local government may assume from the utility
the work of relocating utilities. We support this bill, because it allows local governments to
prevent utilities from halting relocation projects during times of financial difficulty, which
occurred during the energy crisis in 2001. AB 2511 provides the option to local governments
to take over these projects if a utility neglects to finish the relocation, and has a relocation
agreement with a local government, which would help to ensure that these projects are
completed in a timely manner. Currently utilities are responsible for 100% of these relocation
costs because some local governments have rights-of-way, which predate easements to
utilities. Therefore, it is critical that the language in the bill that allows local governments to
enter into a relocation contract with a utility remain permissive. Staff: Natasha Fooman,
Status: AsApps, Position: Support.

    AB 2590 (Cogdill). Prevailing Wages. AB 2590 requires the Director of Industrial
Relations to determine a basic trades general prevailing wage for the central valley region.
The prevailing wage is supposed to be the rate that is most typically paid to a worker
performing work of a particular classification in the area where the construction takes place,
hence the “prevailing” rate. The wage rate that historically has been established as the
prevailing rate is the wage rate that appears in the collective bargaining agreement of the
construction union that performs that particular type of work. However, because of the way
in which the prevailing wage is calculated, in some regions and for some trades, the wage is
not “prevailing” in that area. For example, cement masons are paid the same rather
throughout Northern California (the same in san Francisco, Redding, Oakland and Madera)
even though the cost of living and actual wages differ immensely in those regions. Assembly
Member Cogdill has introduced AB 2590 to make the prevailing wage better reflect each
locality wherein the public work is conducted. Staff: Natasha Fooman, Status:
AsLab&Emp;Hrg-4/24, Position: Review and Comment.

    AB 2610 (Mountjoy). Public Contracts. Lowest Responsible Bidder. AB 2610
provides that the term “lowest responsible bidder,” “lowest regular responsible bidder,”
“lowest and best responsible bidder,” “lowest qualified bidder,” “lowest and best bidder,” or



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words of similar import, as used in that code, means the responsible bidder who submitted
the lowest responsive bid. We have some concerns with this bill. The use of the phrase “or
words of similar import” may be problematical. For example, PCC 20175 allows the cities of
Davis and West Sacramento to use design-build for public projects, and states that the
contract shall be awarded to “the lowest responsible bidder meeting the design, aesthetic
and quality standards of the city council.” We are concerned that this statement may
constitute words of “similar import” under AB 2610. If so, AB 2610 guts the alternative
procedures in PCC 20175. Staff: Natasha Fooman, Status: AsBus&Prof;Hrg-5/7, Position:
Review and Comment.

     AB 2624 (J. Campbell). Low-Speed Vehicles. AB 2624 prohibits, subject to exception,
the operation of a low-speed vehicle on any roadway with a speed limit in excess of 25 miles
per hour. It requires the California Highway Patrol, to analyze on an on-going basis the
patterns if registration, operation and safety of low-speed vehicles, and to prepare and
submit a report to the Legislature evaluating the safety of low-speed vehicle operations by
December 31, 2003. Additionally, AB 2624 authorizes local governments to adopt a low-
speed vehicle community access plan to permit operation of low-speed vehicles within their
jurisdictions. Staff: Natasha Fooman, Status: AsmFlr, Position: Review and Comment.

     AB 2666 (Mountjoy). Public Contracts. Contract Specifications. AB 2666
authorizes a bid specification for a certain product if the awarding authority makes a finding
that a particular material or services is designated by a brand name in order to serve a
specified public interest. This bill gives local governments the ability to list a single product
“in order to serve a specified public interest.” We have been told by some of our members
that often there are good architectural or engineering reasons to specify a particular product
but which do not involve a “field test” or “matching” other products in use on that particular
improvement. Staff: Natasha Fooman, Status: AsBus&Prof,Hrg-5/4, Position: Review and
Comment.

    AB 2836 (Wiggins). State Public Works Board. Construction, Local Fire Protection
Agencies. AB 2836 exempts a public building constructed by, or on behalf of, the board for
lease-purchase by the board to or in connection with a contract between the board and, the
Office of Emergency Services on behalf of any city, county, city and county, or special district
that provides fire protection, from the State Contract Act, if the building is constructed under
the Local Agency Public Construction Act. It authorizes any city, county, city and county, or
special district that provides fire protection, for the purposes of fire protection, to buy or lease
public buildings, equipment, or property, or combination thereof, from the board and in
connection therewith, to sell or lease public buildings, equipment, or property, or combination
thereof, to the board, for the purpose of securing the financing of the public buildings,
equipment, or property, or combination thereof, for the purpose of fire protection, through the
issuance of revenue bonds, notes, or certificates by the board, subject to specified criteria.
Includes any public building, equipment, or property used pursuant to these provisions, or
any public building constructed for lease-purchase to, any city, county, city and county, or
special district that provides fire protection, pursuant to the act, within the exceptions to the
provisions requiring jurisdiction and operation and maintenance by the Department of
General Services. Additionally, AB 2836 specifies that when the revenues, rentals, or
receipts from the operation of any public facility or public building under these provisions are
no longer required or pledged for the payment of principal or interest on the certificates or
revenue bonds of the board, title to the public building shall vest in the city, county, city and
county, or special district that provides fire protection. Staff: Natasha Fooman, Status:
AsLG;Hrg-4/24, Position: Review and Comment.




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    SB 1243 (Torlakson). Metropolitan Transportation Commission. ABAG. SB 1243
requires the MTC be renamed the Bay Area Land Use and Transportation Commission and
combine it’s duties with the land use functions of ABAG on or before January 1, 2004.
Additionally, SB 1243 requires the new commission complete and begin implementation of a
regional plan by January 2005. While the League does not normally get involved in regional
legislation, we would like to hear from cities on this bill. Staff: Natasha Fooman, Status:
SenLG;Hrg-4/24, Position: Review and Comment.

     SB 1262 (Torlakson). Streets and Highways. Local Transportation Capital
Improvement Projects. SB 1262 provides that, until December 31, 2009, for a county with
more than 200,000 residents, that not less than 10% of the funds available for regional
improvements shall be used for county transportation incentive programs that reward local
jurisdictions that promote new development programs that reduce traffic congestion, provide
a better balance of housing located near area employers, and promote new housing and
other developments that are within walking distance of local schools, shops and businesses.
Requires each county transportation program to base its awards on certain criteria. Staff:
Natasha Fooman, Status: SenApps;Hrg-4/29, Position: Watch.

     SB 1466 (Alarcon). Contracts for Labor or Services. SB 1466 Provides that any
entity that enters into a labor contract for construction or janitorial services, when the entity
knows, or should know, that the contract does not provide funds sufficient to allow the
contractor to comply with all labor laws and regulations, is guilty of a misdemeanor and
subject to civil penalties. Additionally, SB 1466 establishes a rebuttable presumption that the
entity entering into a contract for labor or services does not violates the provisions of this bill
if the contract contains comprehensive information about the contractor and it’s workforce.
We oppose SB 1466 for two reasons. The first is that the rebuttable presumption would be
extremely difficult for a public agency to successfully argue. Secondly, SB 1446 exposes
public agencies to civil and criminal penalties and undermines an agency’s confidence in
determining the lowers responsible bidder. Staff: Natasha Fooman, Status:
SenLbr&IndRel;Hrg-5/8, Position: Oppose.

    SB 1555 (Torlakson). Pedestrian and Bicyclist Safety. SB 1555 levies an
assessment of $4 on any person convicted of violating the safe operation of a motor vehicle
or bicycle, or any pedestrian who is convicted of violating provisions involving the safety of
the pedestrian while crossing a road or highway. This fee would be deposited into the
Pedestrian and Bicyclist Mobility and Safety Fund, to be used for the operation or funding of
programs relating to pedestrian and bicyclist safety and mobility. Staff: Natasha Fooman,
Status: SenPubSfty;Hrg-4/30, Position: Review and Comment.

     SB 1759 (Johannessen). Public Works, Local Agencies. SB 1759 authorizes, until
January 1, 2006 the cities of Brentwood, Vacaville and Woodland to enter into design-build
contracts with a cost of at least $5,000,000, according to specific bidding and contracting
procedures. Each contract must prohibit construction or alteration of any project without
prior written approval of plans by the city. Requires the Legislative Analyst to report to the
Legislature on the use of design-build contracting. We are concerned about SB 1759 for four
reasons: 1) a specific listing of “mechanical subcontractors” in the pre-qualification part of the
process is required, which is cumbersome and inappropriate. This takes the trade and
subcontractor out of the bidding process in the early pre-qualification stage, which may not
result in lower bid prices for the work; 2) SB 1759 excludes disclosure of “alleged violations
of federal or state law...” We should be able to ask for this information; 3) This bill forces a
city to fully evaluate and rank the top three contractors and publicly disclose the basis for the
rankings. This sets the city up for a legal challenge by the other contractors, and takes
added time to complete. In addition, it would require the disclosure of confidential



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information from contractors which is important to the selection process, and may violate
confidentiality clauses incorporated in the selection process; and 4) Our final concern with
SB 1759 is that the retention is reduced from the standard 10% to 5%. In the past we have
not supported legislation that reduces the retention standard below 10%. Staff: Natasha
Fooman, Status: SenLG, Position: Review and Comment.

      SB 1918 (Torlakson). Vehicles. Electric Personal Assistive Mobility Devices
(EPAMDs). SB 1918 defines an EPAMD as a self-balancing, non-tandem, two-wheeled
device that can turn in place, and carry one person at a speed less than 20 mph. SB 1918
establishes the definition of and regulations for EPAMDs, including that they be equipped
with front, rear and side reflectors, a system to bring the device to a controlled stop, and
lamps for nighttime visibility. It specifies that an EPAMD falls within the definition of a
“pedestrian” in the vehicle code, and authorizes local authorities to adopt ordinances with
respect to the time, place and manner of operation of EPAMDs. We have two primary
concerns with SB 1918, the first being the safety of pedestrians, bicyclists and EPAMD
users. SB 1918 poses a safety risk for all parties because it classifies an EPAMD (which can
go up to 20 mph) as a pedestrian for the purposes of the vehicle code. This would present
safety issues for pedestrians who have to share a limited space on the sidewalk with
vehicles moving five times their speed. Whenever you have different transportation
devices/methods/modes sharing a traveled way there is always an increased potential for the
faster larger method conflicting dangerously with the slower smaller method. This would also
present safety concerns for bicyclists and EPAMD users. The other issue we have is the
liability of cities. If we tell EPAMD users they can operate on a sidewalk or within a bike
lane, local governments could then be liable if something went wrong. While we commend
the author and sponsor for allowing local governments to regulate where and when a
Segway can be operated, until each jurisdiction can pass an ordinance regulating Segways
they could be held liable for any accidents that occurred. Finally, the problem with SB 1918
is it is trying to address the impact of new technology without any history to judge what the
impacts are. A new set of regulations may have to be developed and adjusted as time goes
on and more experience is gained with these devices. What might help is a sunset clause of
three years, which would allow sufficient time for local jurisdictions to work with the new
device and discover what works best. Staff: Natasha Fooman, Status: SenTrans,Hrg-4/25,
Position: Oppose Unless Amended.

    SCA 11 (Murray). Loans of Transportation Revenues and Funds. SCA 11 requires
any loan of motor vehicle fuel and vehicle-related revenues or trust funds not repaid within
the same fiscal year in which the loan was made, or by a date not more than 30 days after
the enactment of the budget bill for the subsequent fiscal year, be repaid with interest (at the
rate paid on money in the Pooled Money Investment Account). It provides that a loan of
these funds may be made to other state funds or accounts under the conditions applicable to
loans to the General Fund. Staff: Natasha Fooman, Status: SenTrans;Hrg-4/25, Position:
Review and Comment.

     SCA 13 (Alarcon). Local Government. Special Taxes & GO Bonds. Local
Development. This bill authorizes a local government, with the approval of a majority of its
voters voting on the proposition, to impose a special tax to exclusively fund projects related
to transportation and other local development, as provided and to enacts a resolution with
specified provisions. Authorizes a local government with the approval of a majority of its
voters voting on the proposition, to incur indebtedness in the form of general obligation
bonds to fund, the construction of affordable housing for low and moderate income persons
and projects that facilitate transportation between employment sites and affordable housing.
Staff: Natasha Fooman/Jean Flournoy Korinke, Status: SenNatRes&Wild, Position:
Support.



                                         Page 11 of 16
HOUSING AND LAND USE
     AB 787 (Hertzberg). Regional Planning. General Plans. AB 787 is a spot bill that
states legislative intent concerning the conclusions of the Speaker’s Commission on
Regionalism (Commission), and states the Legislature’s intent to enact legislation reflecting
the final recommendations of the Commission. The final report of the Commission was
finished in January and is available for review on the Commission’s website. The direct link
is: www.regionalism.org/pdf/scorfinalreportsummit02feb02.pdf. Cities should continue to
monitor this bill, as future amendments will be made based on the Commission’s
recommendations. Staff: Dan Carrigg, Status: SenLG, Position: Watch.

     AB 2370 (Thomson). Local Agency Formation: Prohibitions on City Annexation.
AB 2370 prohibits a local agency formation commission from approving or conditionally
approving a change of organization or reorganization or a change in a sphere of influence of
a local government agency that would result in the annexation to a city or special district
territory that is dedicated or restricted to agricultural, open space, or conservation uses, if the
city or special district provides or would provide facilities or services related to sewers,
nonagricultural water, or streets and roads, unless the facilities or services benefit land uses
that are allowed under the contract or easement and the landowner consents to the change
of organization or reorganization.

   AB 2370 defines “territory that is dedicated or restricted to agricultural, open space, or
conservation uses” to mean territory that is subject to any of the following:

·   An open-space easement entered into pursuant to the Open-Space Easement Act of
    1974.
·   A contract entered into pursuant to the California Land Conservation Act of 1965
    (Williamson Act).
·   A farmland security zone contract created pursuant to the Williamson Act.
·   A conservation easement entered into pursuant to Conservation Easement law.
·   An agricultural conservation easement entered into pursuant to Agricultural Easement
    law.

    The League has taken an oppose position on AB 2370 because the bill undermines the
existing role of LAFCOs to make decisions on local boundary issues and serves to stop
growth even when the state, through the Department of Housing and Community
Development, is enforcing housing element laws designed to force communities to zone for
an additional 220,000 housing units per year. The League’s letter of opposition is available
on the Legislative Tracking section of www.cacities.org. Staff: Dan Carrigg, Status: AsmFlr,
Position: Oppose.

ENVIRONMENTAL
    AB 2479 (Jackson). Hazardous Materials Security. Terrorism. AB 2479 establishes
the California Chemical Security and Community Protection Act to improve the tracking of
hazardous materials and initiate a review of the handling and transportation of substances
recognized for their inhalation hazard, commonly known as “substances of concern.”
According to the author’s office, AB 2479 is intended to provide greater protections to
property, public health and the environment following the events of September 11. This
would be done through more careful review of opportunities for reducing potential hazards at
their source, among other actions.




                                          Page 12 of 16
    The League is working with the California Fire Chiefs Association to evaluate the impacts
of AB 2479 and to better understand how it relates to existing state and local hazardous
materials programs. Cities should request that their fire chiefs and/or hazardous materials
experts carefully review AB 2479 and send their comments to the League and California Fire
Chiefs Association. In particular, please focus on how the bill conflicts, overlaps or enhances
existing hazardous materials programs, including recent programs established by the
Governor’s office after September 11. Staff: Yvonne Hunter, Status: AsEnvSafe&ToxMat,
Position: Watch.

HUMAN RESOURCES
    Public Safety Officers Procedural Bill of Rights (POBR) Act Budget Item. The
Legislative Analysts Office has recommended to the state Legislature that they withhold
POBR reimbursements to local governments, which total $26 million per year. Without
POBR reimbursements from the state, local governments will be forced to absorb those
costs from their general funds and find other alternatives for offsetting their deficits, such as
decreased police forces, training, and equipment. Staff: Amy Brown, Status: Asm and
SenBudgetSubcommittee #4, Position: Oppose.

    SB 1506 (Romero). Meyers-Milias-Brown Act. Agency Shop Agreements.
Impasse. Retention of Vehicle License Fee Offset Payments. SB 1506 sets a
dangerous precedent for cities and counties. It would require that the State withhold the
Vehicle License Fee funds from Los Angeles County if they are at an impasse with their
bargaining units for more than 30 days. There will be a special hearing in Los Angeles in a
few weeks. Staff: Amy Brown, Status: SenLG, Position: Oppose.

    AB 2908 (Goldberg). Local Public Employee Organizations. AB 2908 would amend
the local agency collective bargaining law, known as the Meyers-Milias-Brown Act (MMBA),
pertaining to unfair labor practices. This section of law was added to MMBA by SB 739
(Solis, Chapter 901, Statutes of 2000) over extensive opposition by local government
representatives. It provides for, in Government Code Section 3509, authority for the Public
Employment Relations Board (PERB) to consider unfair labor practice complaints regarding
disputes arising out of MMBA. During the legislative debate, labor representatives made it
clear that SB 739 would not undermine the traditional autonomy local agencies had under
MMBA to develop their own rules to implement MMBA. SB 739 did not take away from
courts and grant PERB the authority to determine whether the rules adopted by local
agencies are consistent with MMBA. Management representatives have argued that the
authority granted PERB under SB 739 is merely that of determination regarding whether
actions by local agencies are consistent with their own rules and agreements.
Notwithstanding that, administrative regulations subsequently adopted by PERB have raised
the potential for PERB determinations of consistency by local agency rules with MMBA.
These regulations are too new to have yet been tested in litigation.

     AB 2908 would provide that no employee organization shall be deemed to have
committed an unfair practice on the basis of violating a rule adopted by a public agency that
is in violation of MMBA. This amendment would clearly authorize PERB to determine the
legality of local agency rules, and potentially to establish standardized MMBA procedures for
local agencies. This is a huge issue because expanded PERB authority in this area could
lead to standardized rules that would reverse over 30 years of local agency practices in over
5,000 local agencies covered by MMBA. It could affect any rule adopted by a local agency
to comply with the MMBA including unit determinations, representation, recognition,
elections, agency fee arrangements, individual representation, scope of representation,
meeting and conferring in good faith, memorandum of understanding, designation of



                                          Page 13 of 16
management and confidential employees determination of law enforcement and professional
employees, and a variety of other issues related to MMBA.

    AB 2908 would amend a hugely significant and controversial bill that was implemented in
July of 2001. We do not yet have enough experience with this law to justify yet another
major revision as is contemplated in AB 2908. The PERB staff has not yet adjusted to, nor
has been adequately staffed to implement its current duties, much less adjust to the
additional major responsibility of establishing standardized local agency rules. Local
agencies are likewise not prepared to attempt to implement additional collective bargaining
changes before they have fully implemented the major changes mandated upon them just
months earlier. Staff: Amy Brown, Status: AsPubEmpRet&SS;Hrg-5/1, Position: Oppose.

ELECTIONS, PUBLIC RECORDS, AND FPPC
    AB 2941 (Wiggins). Public Records. The California Public Records Act provides for
state and local departments to provide its own procedures for the dissemination of personal
information used to conduct business. California Government Code section 6253 (a) states
that “Public records are open to inspection at all times during the office hours of the state or
local agency and every person has a right to inspect any public record, except as hereafter
provided. Every agency may adopt regulations stating the procedures to be followed when
making its records available in accordance with this section.”

    Currently, there are many guidelines that a state or local agency may use to determine
how much public access to personal information on a person can be given to the public. AB
2941 adds to the current code section guidelines for which state agencies must follow to
obtain personal identifying information. Staff: Amy Brown, Status: AsGO;Hrg-5/6, Position:
Watch.

     SCA 7 (Burton). Access to Government Information. SCA 7 provides full and
complete disclosure of public documents and could potentially reverse the balancing test and
nullify all current disclosure exemptions protected under Government Code section 6265.
SCA 7 also nullifies those closed sessions relating toe litigation that do not involve
“preserving public funds and resources,” “protecting public safety,” “ensuring the fair and
effective administration of justice” or “protecting private property.”

    The League supports the unmasking of political corruption that sometimes exists behind
the veil of current access exemptions. However, we believe that the provisions set forth in
SCA 7 would jeopardize cities’ ability to make sound determinations about disclosure in light
of public protection.

    SCA 7 was recently pulled from the Senate Governmental Organization Committee
calendar and is pending a policy committee hearing. League staff is attempting to work with
the author to amend this bill. Staff: Amy Brown, Status: SenGO, Position: Oppose Unless
Amended.

   AB 1797 (Harman). Conflict of Interest. AB 1797 requires local public officials who
may have a financial interest or other conflict to publicly disclose the nature of the conflict
and remove themselves from the room and the debate. The author, Assembly Member
Harman, is to be commended for his leadership in this area, and his willingness to accept
amendments proposed by the League. Staff: Amy Brown, Status: AsmFlr, Position:
Support.




                                          Page 14 of 16
Want to Send a Letter in Support of a League Position? Here’s Who
to Contact:

    ASSEMBLY APPROPRIATIONS COMMITTEE (AsApps): Steinberg (D)(Chair),
Bates (R)(Vice Chair), Alquist (D), Aroner (D), Ashburn (R), Cohn (D), Corbett (D),
Correa (D), Daucher (R), Diaz (D), Firebaugh (D), Goldberg (D), Maldonado (R),
Negrete McLeod (D), Robert Pacheco (R), Papan (D), Pavley (D), Runner (R), Shelley
(D), Simitian (D), Washington (D), Wiggins (D), Wright (D), and Zettel (R).

   ASSEMBLY BUSINESS AND PROFESSIONS (AsBus&Prof): Correa (D)(Chair),
Wyman (R)(Vice Chair), Bogh (R), Cedillo (D), Corbett (D), Firebaugh (D), Kelley (R),
Koretz (D), Leach (R), Nation (D), and Thomson (D).

   ASSEMBLY ENVIRONMENTAL SAFETY AND TOXIC MATERIALS COMMITTEE
(AsEnvSafe&ToxMat): Jackson (D)(Chair), Briggs (R)(Vice Chair), Chu (D), Florez (D),
Lowenthal (D), Maddox (R), Pavley (D), Pescetti (R), and Strom-Martin (D).

    ASSEMBLY GOVERNMENTAL ORGANIZATION COMMITTEE (AsGO): Horton
(D)(Chair), Strickland (R)(Vice Chair), Briggs (R), Calderon (D), Canciamilla (D),
Cardoza (D), Chan (D), Corbett (D), Chavez (D), Dickerson (R), Firebaugh (D), Harman
(R), La Suer (R), Liu (D), Longville (D), Maddox (R), Nation (D), Oropeza (D), Reyes (D),
Wiggins (D), Wright (D), and Wyland (R).

    ASSEMBLY LABOR AND EMPLOYMENT COMMITTEE (AsLab&Emp): Koretz
(D)(Chair), Negrete McCleod (D)(Vice Chair), Chu (D), Havice (D), Maldonado (R),
Migden (D), Pescetti (R), and Shelley (D).

    ASSEMBLY LOCAL GOVERNMENT COMMITTEE (AsLG): Wiggins (D)(Chair),
Salinas (D)(Vice Chair), Cogdill (R), Correa (D), Daucher (R), Harman (R), La Suer (R),
Lowenthal (D), Steinberg (D), Thomson (D), and Vargas (D).

    ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY
COMMITTEE (AsPubEmpRet&SS): Havice (D)(Chair), Briggs (R), Keeley (D), Migden
(D), Negrete McLeod (D), Pescetti (R), and Strom-Martin (D).
    SENATE APPROPRIATIONS COMMITTEE (SenApps): Alpert (D)(Chair), Battin
(R)(Vice Chair), Bowen (D), Burton (D), Escutia (D), Johannessen (R), Johnson (R),
Karnette (D), McPherson (R), Murray (D), Perata (D), Poochigian (R), and Speier (D).

    SENATE GOVERNMENTAL ORGANIZATION COMMITTEE (SenGO): Vincent
(D)(Chair), Johnson (R)(Vice Chair), Brulte (R), Chesbro (D), Dunn (D), Johannessen
(R), Karnette (D), Knight (R), Machado (D), Morrow (R), O’Connell (D), Perata (D), and
Soto (D).

    SENATE LABOR AND INDUSTRIAL RELATIONS COMMITTEE (SenLbr&IndRel):
Alarcon (D)(Chair), Oller (R)(Vice Chair), Figueroa (D), Kuehl (D), Margett (R),
McClintock (R), Polanco (D) and Romero (D).

   SENATE LOCAL GOVERNMENT COMMITTEE (SenLG): Torlakson (D)(Chair),
Margett (R)(Vice Chair), Ackerman (R), Machado (D), Perata (D) and Soto (D).




                                      Page 15 of 16
   SENATE NATURAL RESOURCES AND WILDLIFE COMMITTEE
(SenNatRes&Wild): Kuehl (D)(Chair), Oller (R)(Vice Chair), Alpert (D), Bowen (D),
Johannessen (R), Monteith (R), Ortiz (D), Sher (D), and Torlakson (D).

   SENATE PUBLIC EMPLOYMENT AND RETIREMENT COMMITTEE
(SenPE&Ret): Soto (D)(Chair), Haynes (R)(Vice Chair), Karnette (D), Oller (R), and
Romero (D).

   SENATE PUBLIC SAFETY COMMITTEE (SenPubSfty): McPherson (R)(Chair),
Vasconcellos (D)(Vice Chair), Burton (D), Margett (R), Polanco (D), and Ortiz (D).

   SENATE BUDGET SUBCOMMITTEE #4: Polanco (D)(Chair), Ackerman (R), and
Dunn (D).

For legislators’ phone numbers, addresses and email please see the League’s Web site
(www.cacities.org/legtracking). Legislators and legislative committees are listed under
“Resources.”




                                         Page 16 of 16

								
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