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HomeMy WebLinkAbout03/12/04 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM March 12, 2004 TO: Honorable Mayor and City Council Tandy, City Manager FROM: Alan SUBJECT: General Information 1. We are cautiously optimistic about the draft decision rendered by the cPUC Administrative Law Judge this week, which would dismiss PG&E's application to sell the Kern Power Plant to NAPG. We now await the final decision from the full commission. We hope to move beyond this issue to see the focus placed on the dismantling of the plant and an appropriate future use of the site. 2. We were surprised to receive the ruling from the Court of Appeal which orders grading, construction, and operation to cease at both the Castle & Cooke and Panama Wal-Mart project sites. Today, the Court exempted from their decision the Kohl's at the Gosford location, so it will remain open. We are awaiting further clarification on the legal order. 3. The March 5th weekly publication from the League includes some talking points on how the ERAF shift proposed by the Governor would further damage local government. 4. Despite the public silence, I assure you that we are actively working away at the budget issues, trying to be creative and adaptable to future potential actions of the Legislature. The work is taking longer than hoped, but we want it to be accurate. Please call if you have questions. 5. There have been many Council calls regarding potholes and landscape median maintenance. For the winter, in an effort to cut costs and save jobs, we downsized the temporary employees. We knew, at the time, it could not last into the spring, as the workload simply will not allow it. We will be gearing up in both areas with some temporaries, which should help get our repair schedules back on track. The maintenance district fees will pay for the Parks employees who are hired to work on the medians. Some gas tax will be used for a portion of the street employee costs. 6. As a reminder, the Grand Opening for Fire Station #15 and the Westside Police Substation will be held on Monday, March 15th at Noon. Parking will be available in the vacant lot that is just south of the facility, at Deer Peak Drive and Buena Vista Road. Honorable Mayor and City Council March 12, 2004 Page 2 7. A memo from Jack Hardisty is enclosed regarding the process for extensions of vesting rights. 8. I will be out of the office next Thursday and Friday, March 18th and 19th. John Stinson will be in charge during my absence, and my staff will be able to contact me, if necessary. 9. A status report on the Panorama landfill closure project is enclosed. The CEQA environmental review is about to begin, and staff is making plans to visit the surrounding neighborhood to update them on the project. 10. A bulky waste item collection will be held on Saturday, April 3rd. The enclosed flyer lists the drop-off locations. 11. Congratulations to Public Works employee, Derrill Whitten. He recently received a Class 4 license to operate a wastewater treatment plant. The Class 4 license is a requirement for the Wastewater Manager position. Derrill has been acting in that capacity for the past 18 months, and will now be appointed to the position. 12. Congratulations also go to Recreation Supervisor Teri Elison, who has received the California Parks and Recreation Society District XV Professional Award for outstanding performance. At:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst F 0 C U S March 5, 2004 Issue ~F3-2004 GOVERNOR'S BOND MEASURE PASSES; NOW, ON TO THE BUDGET Hot Bills LOCAL BALLOT MEASURE.MOST VIABLE BUDGET STRATEGY! · ·, Act Now On Tuesday the voters went to the polls and, based largely on the strength · of the Governor's personality and extraordinary effort, passed Propositions 57 · · There are-no Hot and 58. These measures included up to $15 billion in bonds to finance a -= Bills at this time. portion of the state's'budget deficit; and, a balanced budget requirement. The · voters ovenNhelmingly supported both measures with Proposition 57 receiving · · over 60 percent-of the vote and Proposition 58 receiving -in excess of 70 · . percent voter approval. For more, see page 4. · · '- BIPARTISANSHIP LEADERSHIP'KEY TO -PROP. 57/58 WIN · · · Whoever said 'you can get a lot done when you don't worry about who gets · the credit" would have been proud of the'bipartisan leadership that.led to voter · approval of Propositions 57 and 58 by wide margins last Tuesday. While the result · · representS a dear.victory for Govemor Schwarzenegger and State Controller · · Steve Westly, it also was victory for many-legislators from both parties who · worked for passage of the measures. The victory strongly validates the · · Govemor's contention that the voters want their leaders to work together and that · voters will respond favorably when that happens. For more, see page 3. · ; "SUPER SIGNATURE SATURDAY": WE NEED YOU!!! · Plans are moving fo~vard for the big push on signature gathering .for the · Want more details on LOCAL initiative, set for Saturday, March 13. The League's regional represen- these and other bills? tatives are playing a .lead role in organizing the day's activities, working closely Log on to the League 'of with the League's LOCAL initiative .partners, the California State Association of California Cities Web site Counties and the California Special Districts Association. For more, see page at www. cacities, orgl 5. legtracking. Page 2 ARB PROPOSES CHANGES FOR DIESEL-FUELED GARBAGE TRUCK RETROFIT RULES LEAGUE JOINS 'CALIFORNIA COALITION FOR CLEAN WATER Page 3 INSTITUTE,PUBLISHES GUIDE ON USE OF PUBLIC RESOURCES 'Page S BUOGET TALKING POINTS Page 6 SIGNATURE STARS! Page 7 BILL SUMMARIES Page 8 SAVE THE :OATE!! .L.O.C.A.L. LEGISLATIVE ACTION DAYS.MAY 12TM & 13TM Page g TIPS ON HOW TO BECOME A "SIGNATURE STAR" ARB PROPOSES CHANGES FOR DIESEL.FUELED GARBAGE TRUCK RETROFITRULES The long awaited proposed revisions to the Air The League-is working with ARB staff, haulers Resources Board's proposed regulations requiring and other local govemment associations on diesel-fueled garbage trucks to be retrofitted to outreach and information strategies to inform local reduce particulate emissions are now available, officials and haulers about the regulations' require- The proposed "15-day changes" reflect the ments. Copies of the 15-day change packet are changes adopted by the ARB at its September available on the ARB's website, www. arb.ca.,qov. 2003 meeting. At the Board's direction, ARB staff Be sure to retrieve the two attachments listed near worked with members of.impacted industries and the end of the announcement. The deadline for groups, including the League, to.make additional public comment isMarch 12, 2004. clarifying changes. The revised rules are consistent with the ' ' ' ' ' ' ' ' ° ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' direction described in Pdodty Focus last fall after the September 25,ARB headng. As revised, the LEAGUE JOINS CALIFORNIA COALITION proposed rule removes local govemments com- pletely from the compliance role that was.included FORCLEAN WATER. in the previous version. Instead,. the proposed rule requires 'local governments that have contracts The League has joined the recently formed with solid waste haulers that include rate regula- California Coalition for Clean Water (CCCVV), a tion to include a requirement that the contractor be consensus-based alliance of local government in compliance with all Califomia laws in any,new associations, individual public agencies, labor, contract effective after December 31,2004 or agriculture, business, housing and development later. The municipality is also required to annually interests concemed about the current state of provide the ARB with contact information about the water quality regulation-in California. solid waste operators with rate-regulated con- tracts that do business in their'jurisdictions - The League plans to be an active member, information that already is readily available to cities along with our fellow local government associa- tions, the California Association of Sanitation and counties. Agencies, CSAC and the Regional Council of Finally, the resolution that accompanies the Rural Counties (RCRC). proposed revised rule includes an intent statement that "...the Board intends and expects municipali- The issues of concern to CCCW members ties and service providers to work together to are similar to issues raised ,by .the League's Water amend or renegotiate contracts as needed so that Quality Regulatory Task Fome in its Final Report, service fees reflect the service providers' costs foradopted last July. The mission of CCCW is to compliance with these 'regulations." It further "Assist California Regional Water Quality.Control directs ARB staff to prepare reports, beginning-in Boards and the State WaterResoumes Control 2005, about the effectiveness of the program, Board to adopt and implement sound a water including a "...survey of rate-regulated owners and quality program that reflects the letter, intent and operators of solid waste collection vehicles and spidt of state and federal clean water laws. The municipalities to determine the state of rate Coalition's recently completed White Paper that negotiations for the cost of implementing the outlines the extent of the.problem, including a mandated control measures." Since the proposed series of case studies to illustrate real wodd revisions are consistent with the changes-dis- problems, is an excellent summary of the issues cussed and adopted at the September 2003 ARB which stimulated formation of the Coalition and the meeting, the League remains in support of the League's involvement. retrofit rule. Information about the Califomia Coalition for Clean Water is available at www.cccwonline.com. PAGE 2/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org INSTITUTE PUBLISHES GUIDE ON*USE OF PROP. 57/58 from page.1 ...... · ...... PUBLIC RESOURCES League-Executive Director Chds McKenzie had this-to say about the voters' support: "It proved The Institute for Local Self Government just exactly what the Governor has been saying, that with released a new' publication designed to help local bipartisan effort the leaders of the state can help get officials understand the law and ethics relating toCalifornia back on its feet and humming again." the use of public resources by public officials. The Institute is the League~s nonprofit research arm. He added: '~Ve know that many people ~had reservations about Prop. 57, .but a~er weighing the Entitled Of Cookie Jars and Fishbowls: A pros and cons, the League board voted to support Public Official's Guide to Use of Public Re- the measure because it was a way to express sources, the guide covers such issues as ex- support.for this type of.bipartisan leadership and pense reimbursement, personal use of public because it was in the best interests of cries and the resources (for example, office equipment and staff state as a whole." time), gifts .of .public funds and other issues. The guide recommends that local agencies adopt a McKenzie also partidpated last weekend on the policy governing use of public resources and Prop. 57 and 58 bus tour for a day, at the invitation of provides a sample policy. The guide also includes the Prop 57/58 campaign. case studies (both hypothetical and actual) to illustrate its concepts. "It was energizing and.inspiring to see ~real bipartisanship at work," he reported. "1 was happy The goal of the guide is to provide an easy-to-that I was able to'support the outstanding leadership understand explanation of the relevant laws and exhibited by the Govemor and Controller Westly. ethical considerations that apply when a local official (elected officials and staff) makes deci- "It also provided me valuable time with some of sions regarding the use of public resources, my counterparts from other state associationswho were part of the historic bus tour. For example, I The guide is available without.charge in elec- spent many hours seated next to Ron Cottingham, tronic form from -the I nstitute's Local Official'sPresident of the Police Officers Research Associa- Ethics Resource Center, which offers a number of tion of California (PORAC). We had the chance to resources of .interest on the ethics issue get acquainted and discuss our common interests, (www.ils.q.or,q/trust). such as.passage of the Local Taxpayers and Public Safety Protection Action on the November 2004 Copies are also available for purchase from ballot... I was grateful for that and many other experi- the .League's CITYBOOKS service (order form is ences during the two day event." available at www.ilsc~.om/trust. Proceeds from the sale of the guide support the tnstitute's ,work in .the ethics area. The Institute thanks the many city, county and special-district officials that served as peer review- ers for this publication. Your.input made a material difference in the scope and utility of the ultimate guide. For more about the Institute's workin the ethics area, .please visit www.ils~.om/trust. Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE The .passage of~Proposition 57 lays a more initiative on the November ballot. This mea- secure foundation for the 2004-05 state budget sure will require a vote of the people .before any deliberations. Budget negotiators can now put more ~local government revenue can be shifted for that portion of the deficit financed with the "deficit state purposes. It also stops any damaging bonds" behind them, but producing a balanced budget action in the 2004-05 budget when the 2004-05 budget will still be a challenge, measure passes in November and requires any further local government takeaways to be ap- As a reminder, the Proposition '57 bonds are proved by the voters. financed through a ¼ cent reduction in the local Bradley~Bums sales, which is then reenacted at This explains why the LOCAL' initiative is so the state level and dedicated to retiring the critical to the future economic health of cities, bonds. The sales tax loss at the local level is counties and special districts. Remember, it's replaced on a dollar-for-dollar basis-by property about money, but it's also about RESPECT! We taxes shifted from schools to cities and counties, can lobby our legislators on the budget- and we plan to do so. We are again working closely with ourLOCAL partners (the California State Associa- Now, the Budget tion of Counties and the California Special Dis- With the election .behind us, city officials need tricts Association) on plans for a united Legislative to refocus on the Governor's budget proposals, Action Days in Sacramento, May 12 and 13. particuiady the proposal .to shift $1.3 billion in city, county, special district.and redevelopment But until we are successful in .strengthening agency .property taxes for state purposes. This the constitutional protections for local revenues, proposal is completely unacceptable and needs we know that legislators can and will take or to be Opposed at every opportunity. (See 'I/Vhy borrow local funds and shift new responsibilities to the .League Opposes the Governor's Pro- local government without paying for them. posed 'ERAF Shift" for talking points.) That's why we're urging all city officials to The 'politics of the 2004-05 budget process get involved NOW with this effort. To find out are going to be difficult for local governments, how, please contact your League regional repre- The Republican caucuses in both houses will .sentative. Sign up to give a few hours of your likely support.most, if.not all, of the :Governor's personal time to help collect signatures on Super approach to resolving the budget deficit. After all,Signature Saturday, March 13. (See related he is their Governor. There'will certainly be article.) enough Democrats-to vote for the budget be- cause as long as money .is being taken from Remember, city officials may not participate in local government this-will help to protect other ballot measure advocacy using public funds. To programs of higher priority to those two cau- find out more, please review the "Legal Do's and cuses. Don'ts for City Officials", posted on the Initiative page on the League's website (www.cacities.or.q/ Finally, and the most obvious, the Governor initiative). will-likely stick with most of:his proposals. This leaves few, if any, to defend local governments. Be'sure to visit the campaign website at www.protectlocalservices.com, for fact sheets, LOCAL Initiative the Best ,Budget Strategy news clips, press releases and other background materials. Our post-election message is very clear: The most effective budget strategy for the 2004- 05 budget is the passage of the LOCAL PAGE 4/PRIORITY*FOCUS Visit the League's Official Web Site-.www.cacities.org BUDGET TN:KING .POINTS: -WHY THELEAGUE OPPOSES THE GOVERNOR'S PROPOSED'ERAF SHIFT enue to cities and counties. If a state tax increase They're shifting :the state deficit to.local would be 'the final nail in California's economic coffin', government, as the Governor said in his state-of-the-state speech on Tuesday, why put pressure on local governments to · The proposal shifts $1.3 billion of the state's raise taxes? deficit to'local governments. This simply forces cutbacks in local services and possibly fee and tax Robbing local .governments is ~business ,as usual. increases at the local level. One of the Governor's-promises was to end busi- · It's 1.3 billion on top of $5.2 billion - the current ness as usual in the state capitol. He was supposed to year ERAF shift - about a 25% :increase. And it's be the Terminator of business as usual, not the Preda- ongoing, tor of-local services. It's a shell game. INITIATIVE UPDATE from page 1, · ..... · It's tricky and complicated but the bottom-line is The reps and their LOCAL partners are identify- simple: the state is taking money away from local lng at least four high traffic areas in their divisions, services to balance its own budget. It's simply wrong, and contacting city, county and special district officials, union .representatives, and others to · We appreciate the Governor recognizing that volunteer for two-heur shifts. Each volunteer will be the state.has a responsibility.to backfill cities and asked to-collect a minimum of 50 signatures. Local counties-for vehicle license .fees. But it's not much' news media outlets are being notified of the event as help if one hand is restoring funding while the other is well, raising the potential for news coverage of the picking our pockets, grassroots signature gathering effort. The .property tax shift is a rehash of failed With a number of petitions for different initiatives policies, in circulation, the cost of paid signature gathering could increase quickly. Achieving the LOCAL · The Governor's proposaHs a rehash.of failed campaign's goal of 300,000 volunteer signatures policies of the early 1990's - taking money from local can save the campaign hundreds of thousands of investment to plug holes in the state's budget, dollars that will 'be needed for advertising purposes asthe November election draws nearer. · California :has suffered the effects of this policy: housing shortages, increased fees for services, and 'The 'Super-Saturday' approach will be a fun, in many cases, significant cutbacks in services, easy and important way for local officials and staff California has been hurt by this approach. It was a members to get involved in the LOCAL campaign," ~ bad idea *in 1990. It's a .bad *idea now. said League Executive .Director Ron Loveridge. "Our League regional staff are working hard on the It's job, loss, job-loss, job-loss: a nail inthe initiative, but we must have all our members involved coffin for local economic development and the to achieve our goals. jobs it creates. "With our active involvement, I am confident we'll · The Governor said in his state of the state that be successful." · he wants to restore California's business climate. He said it's all about "jobs, jobs, jobs". But taking money For information on how to participate, please away from redevelopment activities strikes at the contact your League regional representative. Re- heart.of California's primary job creation engine. It member, promotion of ballot measures or participa- makes no sense, tion in ballot measure advocacy activities cannot occur on city time or using city facilities or equip- - The Governor's pledgefor "no new taxes" rings ment. For more information on legal do's and hollow if he's merely shifting the need for new rev- don'ts, see www.ca¢ities.om/initiative. Visit the League's Official Web Site.-www.cacities.org PRIORITY FOCUS/PAGE 5 SIGNATURE STARS! CITY OFFICIALS AND VOLUNTEER SIGNATURE GATHERERS :HIT THE STREETS As signed petitions for the Local Taxpayers and request a petition there,too. Public Safety Protection Act poUr in from across the '~/Vhen I shared that t was a volunteer working state, the.League has 'begun to identify its "Signature to-protect dties, counties and special districts and Stars," city offidals, coalition partners and other needed their signature to get this.ballot initiative volunteers who' have distinguished themselves and qualified for November, they were very-interested their dty or organization in the signature gathering and as they asked for more, usually had the pen'in effort. All-of the activities by city offidals occurred on. their.hand and were signing as I answered the their personal time, without:the use of public re- question. The majority...liked the empewerment of sources, the local vote needed before the state can take any more local money." Mayor'Pro Tem of Fontana Janice Rutherford leads the way in:the Inland Empire.Division, pro- In-the Sacramento .Valley Division Colfax Vice noundng, 'q'his :is the easiest ballot measure I've ever Mayor Sharon Gieras agrees that it's "not too .hard collected signatures for!" Observing .that "People to gather the signatures, most people understand oontinue to be frustrated with the legislature," Ruther- the idea rather quickly and say TII sign!'" Vice ford believes the ~oublic sees "our initiative as their Mayor Gieras has consistently exceeded her city's way to express that anger". As to how she manages weekly signature goals, simply by taking the peti- to meet and exceed her goals, Rutherford says: "1 just{ions along on her "daily rounds," to businesses, the keep the petitions in my car and take them with me grocery store and just '~Nalking down the street." wherever I go, collecting signatures.in elevators, parking lots, stores, sporting.events, the.hair salon, --In the Peninsula Division, Saratoga Mayor everywhere. And once '1 explain that we want the 'Ann Waltonsmith and her city manager, Dave legislature to stop stealing our-tax money, people askAnderson, work as a team to.promote the signa- me if they can take petitions and collect,signatures ture gathering effort. In addition to taking petitions themselves." wherever they go on their personal time during the week, the team sets up a card table in front of local Inland Empire Regional Representative grocery stores every Saturday, and has consistently Nancy'Cisneros .reports that Teamsters 911 .Legis- met and exceeded their goals. lative Liaison'Melissa Omelas is also a Signature Star. "She is submitting a good flow of signed peti- Also in the Peninsula Division, Los Gatos tions, and .she is working.with many of the League's Councilmember Sandy Decker has been dedi- So. Cal. reps. I have seen her mapping out her daily cated .to the cause since day one. She too has meetings and .business travel around where she teamed with her city manager Deb Figone, and needs to introduce the signing of the petition with .her together.they have given public presentations all · membership." over Los Gatos on their own time. Thursday night, Decker hosted a "pep" rally for several cities to get Reporting on her own experience, Nancy wrote, "1 them on board and charged up for Super Saturday. stood out in front of a retail store one afternoon by myself and reaped 300 signatures." Some "folks are And in the Sacramento Valley, Division skittish when approached this way, because there are President Mary Fahlen weighs in on the popular so many 'paid' .gatherers that they suspect when we response to the petition: "Most people that have approach that they are going to have to hear about 8 signed the petitions have very strong feelings about more petitions we are holding behind our back. keeping local control over local funds. They do not (People) .were very pleased as we provided the one like the fact that legislators appear to be unaware of. page information sheet and the campaign website the-local services being ~provided by cities and how address, (www;protectlocalservices.com) for them important those services are." Fahlen also added to confirm the effort's intent. I always share they could Continued on Page 9 PAGE 6/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org e g i s i a't i v e i !-I Action · 1411-1111'1111 · Ill lllll Ill l.lll · liB · lll'l Ill lil-l.l Ill l-lllll.ll l.l-II · · The following are summaries of just a few of thelegislative 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's new "Issues and Advocacy" page (www.cacities~or,q/ issuesandadvoc, ac¥) - a one-stop location to access information about legislation, policy issues and related .developments. You can track information on bills ~www.cacities.org/legtracking), ilocatelegislators and legislative committees, send letters to legislators.or the media through the online Advocacy Center, research League policy positions, access .useful related links, and 'much more. ENVIRONMENTAL Members about the importance of ACA 10. If your city is represented by a Republican Assembly Member, it is especially important that you re-enforce your city's ACA 10 '(Harman). Storm Water.Fees. proposition support. It.is important to remember.that ACA -10 2-18. Although ACA t0 has been on the Assembly inactive file since mid-2003, city officials should be simply would place the issue'before the voters. Staff: Yvonne Hunter; Status: Asm Inactive File; Position: prepared to see an effort to move it ahead in the Assembly within a few weeks. Support. ACA 10 would include fees for storm water manage- AB 2572 (Kehoe). Water Meters. Existing law ment programs to those exemptions already included requires all new non-agricultural development built in'Proposition 218. In doing so, it would make it easier after January 1, 1992 to include installation of-water meters. There-is no requirement that water service for cities to fund and comply with new and increasingly charge to these developments be based upon stringent storm water .quality permit requirements adopted by the-regional water quality control ,boards. volumetric usage, although numerous cities do · If passed by the Legislature, it would be placed before charge for water based upon the amount used. Last year AB 514 (Kehoe -- Chapter 680, Statutes'of the voters for approval. ACA 10 is sponsored by the 2003) was enacted that requires jurisdictions that Planning and Conservation League and supported by receive water from the federal Central Valley Project. numerous local governments, to charge their customers.based upon the actual volume of water used, as measured by a water-meter. Existing-law, established by approval of the voters of Proposition 218, re~luires local voter approval of AB 2572 (Kehoe) would apply to those cities and certain property related fees. Proposition 218 ex- special districts not already covered ~by either law or empts certain types of fees, such as those for water, sewer and garbage, from the voter approval require- practice. It would require .those water providers to install-.water meters on pre-1992 customers and to ment of Proposition 218. When the initiative that charge all customers based upon volumetric.usage. became Proposition 218.was originally drafted, the It would require water providers .to install water meters issue .of storm water permit compliance and :how to on pre-1992 service connections on or before fund such .programs was not as significant as it is January 1, 2025. Starting January 1, 2010, it would today, require water providers to begin charging all users based upon volume used. If water providers are not Numerous cities-have grappled with how to fund storm able .to meet the deadlines included, the bill sets out water programs in order to meet the requirements of criteria for various extensions of the deadlines. new NPDES permits issued by regional water quality control boards. Some cities are faced with using Cities that do not already meter water and charge scarce general fund monies to support these impor- tant water quality .programs in light of the restrictions based upon volume should review AB 2572 carefully and send their comments to the author and the placed upon them by Proposition 218. ACA 10 would League's Sacramento office. Staff: Yvonne Hunter; help. Status: AsWP&Wild (tentative); Position: Review and Comment, Cities should be sure they've alerted their Assembly Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 7 Dedicated to .Protecting Funding for POlice, Fire, Health end other Essential LOCAL Services SAVE 'T 'D AT E ! L.O.C.rA.,L. Legislative Action 'Days May 12th and 13*h, Sacramento, CA 3oin h.undreds of local elected officials, public safety, health care, labor and business groups from aro'und the .state and urge Legislators to .protect .our local services. ~J 'Learn 'more about the LOCAL*Coalition and what we are doing to protect local services; ~ Meet with Legislators in their Capitol Offices and tell them how,the budget affects *._your community; ~ -Attend a news conference to show our unity and advocate .for*key-LOCAL budget priorities; ~ Hear about the Local Taxpayers and.Public Safety Protection ACt - a November '04 ballot measure .being sponsored-by key members-of LOCAL that would require voter approval before,the state could take local government funds in the fUture; ~J AND MORE.,. PAGE 8/PRIORITY FOCUS Visit the League's Official Web Site--www,cacities.or9 SIGNATURE :STARS :FROM PAGE 6. · -.,.. that people she has spoken to '~Nant a voice in how our local dollars are beieg spent." Please contact your regional rep to find out how you can help.- W'~ your help, we CAN DO ITl Be sure the.check the ".Legal Do's and Don'.ts" of signature :gathering and-other ballot measure advo- cacy activities, posted on the.Initiative page of the League's website at www.cacities.org/initiative. TIPS'ON :HOW TO BECOME A "SIGNATURE STAR" Saratoga City Manager .Dave Anderson _~~,~ offers his suggestions ,for fine-tuning your signature-gathering "pitch": Navigating The "Hello, are you a registered voter?." Legislative Process '¥/e are trying -to keep the State from Deadlines, Procedures and taking local government revenues to 'balance Common Terms the 'State budget. Could you help us by signing a petition?" NEW: An .overview of the budget .process and special sessions Anderson observes that most would either sign right then, or if they hesitated he would add, "Did you know that the State took Plus: over $500,000 this year .from 'Saratoga that · A description of the legislative,process we could have used for law enforcement or · Tips on writing an effective letter and paving the streets? 'We'd like to keep them 'testifying before a legislative from doing this again." Including such spe- committee cific information about their city prompted · Suggestions on how to participate in almost all to sign. the League legislative program When asked if Anderson and his signa- · A glossary of commonly used legislative ture gathering partner, SaratogaMayor Ann and budget terms Waltonsmith, were .paid signature gatherers, · A legislative.calendar listing key state they identified themselves, and most people budget dates for city officials signed when -they realized that .their local government officials cared enough to .hit the This publication is available from the League for streets to collect signatures on a volunteer $5. There is a ten percent discount on orders of basis on their personal time. five or more. Other signature gatherers have found Questions? Contact League Publications at they.get a strong, positive response.when 916/658-8257 they lead with: "This measure lets'the Or order online at: www.cacities.org/store voters decide before :the state can take local funds." Visit the League's Official Web Site--www.cacities.org PRIORITY'FOCUS/PAGE 9 B A K E R S F I E L D M E M 0 R A N D U M RECEIVED MarchlO, 2004 MAR I I 2004 TO: Alan Tandy, City Manager ,,... ~ MANAGEh'S ~.. FROM: Jack Hardisty, Development Services SUBJECT: Extension of Vesting Rights / You may recall a discussion we had last year abob(t the protection from increased fees that is enjoyed by vesting maps. This is a state imposed statutory framework to temporarily shield subdivisions from changing regulations and exactions. That favored status can last for as long as a decade pending recording, of a final map and then for a year beyond recording. At its option, the city may grant an additional year of exemption from current standards and fees. Some years ago when the housing market was less vigorOus, developers proposed that the city simply grant a two year vesting status beyond recording. At that time the City Council considered the long period of time maps were shielded from new exactions, the ability to phase maps to avoid a premature recording so the one year clock would run on the unrecorded portions of a subdivision and the determination was made to retain the one year vesting with an option to extend it based on circumstances. There was an agreement that, given the circumstances of that time, staff would be less critical of requests for extension of vesting. Staff in compliance with that determination fell into a routine of recommending extensions of vesting rights. This was to preserve the city's options in case circumstances changed. Circumstances have changed. We have been involved in an ever intensifying housing boom for the past three years. The costs of public facilities to serve these developments have also escalated dramatically and the City Council has tried to adjust the fees needed to build them accordingly. The most notable fee increases were for parks and roads last year. The city's financial position has reversed (due to state mismanagement and predatory practices) so that we are no longer able to pick up the balance needed to fund development's support facilities. Alan Tandy March 10, 2004 Page 2 If is expected that the expiration rate of vesting will be about the same as last year's. If we continue to assume a liberal attitude about the granting of vesting extensions, then it is estimated that we would be giving up $3,245,136.00 that should be collected as fees to help pay for parks and transportation. In view of these circumstances, I have directed staff not to routinely recommend approval of requests to extend vesting status. Staff's recommendations on these requests are subject to approval by the Planning Commission and, upon appeal, by the City Council. JHl:djl P:\Memos\Extension of vesting.doc RECEIVED MAR - 9 r~. ~.-~.V '..., MANAGER'S B A K E R $ F ! E ~, g CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director DATE: March 4, 2004 SUBJECT: Landfill Closure Project Update The landfill closure project will soon enter the CEQA environmental review process, which will include circulation of a draft mitigated negative declaration. Ordinarily, the process includes notice of a public hearing to be mailed to property owners within 300 feet of the project. However, it may be desirable to exceed the required notification range and include more of the neighborhood. In addition, there are several apartment dwellings nearby, whose tenants may appreciate information on the project. Suggestions for additional information outreach efforts and/or persons to add to our contact list would be appreciated. Staff will soon visit the neighbors along Panorama to touch base and make them aware of the project's progress. LandfillClosu reProjectUpdateMarch42004.doc A Bulky Waste Collection Event is Being Held Satur~da~, ltpril 3, aO0,1 ) 8:.00' a.m. to 12:00 noon ONLY_!! Bring your unwanted Household Bulky Waste Items such as: · Refrigerators · Mattresses · Stoves · Water Heaters · Washers & Dryers · Other Large Items ) ~ ALL ITEZVZS AIgEPTED AT ~0 CltAI~E ~ Items NOT Accepted Trash, Greenwaste, Television & Computer Monitors, Construction or Remodeling Waste and Hazardous Waste DI~OF-OFF 'LOCATIONS i North High School Liberty High School i 300 Galaxy Avenue 925 Jewetta Avenue I I Corner of Planz Road I &Horne Street I Kern County Fatr' . I 1142 So. P Street Kern Medical Center I Belle Terrace Entrance ~ I This collection event is being organized by the Kern County Waste Management Department, City of Bakersfield and the Kern Refuse Haulers. Residents are encouraged to deliver items. THE SALVATION ARMY AND GOODWILL INDUSTRIES WILL BE AVAILABLE TO ACCEPT DONATIONS PRIORITY March 12, 2004 Issue #10-2004 FUNDRAISER$, "SIGNATURE SATURDAY".AID LOCAL INITIATIVE Hot Bills ,rs a big week for the LOCAL initiative: two highly successful fundraisers~ and a 'Super Signature Saturday" too! For moro, see page 4. ... Act Now ............................ · There are no Hot LEGISLATIVE ACTION~DAYS, MAY 12-13: SIGN UP NOW! ~- Bills at this time. · The on-line registration system for the LOCAL coalition-sponsored Legislative · Action Days in Sacramento is now up and running on the LOCAL web site · (www.calocal.org). Invitations and registration forms were sent out this week to all · LOCAL coalition partners. Hotel space is limited at.the Sheraton Grand Hotel, · where most meetings will be held, so early registration is strongly encouraged. For · , more, see page 7. '- PROPOSITION 57 TRIPLE FLIP. HOW WILL CITIES-BE IMPACTED?. · With the March 2 passage of Proposition 57, the $15 billion bond measure · designed to help the state refinance its debt, many people are wondering what · impact the measure will have on city revenues. The question arises'because · of one aspect of the bond measure that affects local sales tax ~ referred to · as the "triple-flip." For more, see page 8. Want more details on these and other bills? Lo~ on to the League of California Cities Web site Page 2 RECENT LEGAL ADVOCACY FILINGS at www. cacities, orgl LOCAL OFFICIALS ENCOURAGED TO CONTACT STATE LEGISLATORS AND ASK FOR legtracking. ENDORSEMENT OF LOCAL INITIATIVE Page 3 REGISTER :NOW FOR "YOUR CITY'S FAMILIES" CONFERENCE NEW COMPENDIUM OF PLANNING, ZONING AND DEVELOPMENT LAWS AVAILABLE Page 5 SIGNATURE STARS SHINE BRIGHTLY ACROSS THE STAT£! Page 6 SENATE LOCAL GOVERNMENT COMMITTEE SET TO LEAD DISCUSSIONS ON NOVEMBER LOCAL. GOVERNMEhq' BALLOT ML~$URE$ RECENT LEGAL ADVOCACY FILINGS The League would like to provide special thanks The name of the case is San Jose Ch#s#an to the individuals listed below, who wrote friend-of-the- Colleqe v. City of Moran Hill. F.3d , (gm Cir. court letters or briefs, for their efforts on behalf of theMar. 8, 2004). League. League action and a brief summary of the case appear below. Copies of the filings are available The Ninth Circuit Court of Appeals recently issued at: www.cacities.om/recentfilin~ls, an unpublished opinion overturning a trial court ruling and granting a city the right to intervene in a lawsuit The League filed a friend-of-the-court letter brief involving a mining project between the county and a urging ~the CaliforniaSupreme Court to'hear an mining corporation. The League thanks Michael unpublished case that would make it easier for Brodsky for writing the brief on-behalf of the League. appellate courts to overturn trial court decisions The city sought intervention arguing that CEQ^ involving severance damages in eminent domain provides -the city with a right to be consulted in land cases. The League thanks Andrea Saltzman and use projects that would impact its residents, and the Michael Nave with Meyers Nave Riback Silver & court of appeal agreed. Wilson for writing the letter brief on .behalf of the League. The opinion would leave ~local governments The name of the case is Cemex Inc. v. County of with less confidence in the decisions of trial courts, Los Angeles, unpublished opinion (9"~ Cir. Feb. 24, · potentially exposing them to significantly higher 2004). judgment amounts. The name of the case is CityofSan Jose v. Movassate, No. S122576 ~urrently unpublished (6~ LOCAL OFRCIALS ENCOURAGED TO Dist. Dec. 30, 2003). CONTACTSTATE LEGISLATORS AND ASK The League filed a friend-of:the-court brief with FOR ENDORSEMENTOF the court of appeal supporting a city's use of an Internet pin map system used to identify the general LOCAL INITIATIVE locations of the residences of serious sex offenders. The League thanks Jennifer Runte with the Califor- Several key legislators have signed on. in nia State Attorney General'soffice for writing the support of the Local Taxpayers and Public Safety brief on behalf of the League. The brief argues that Protection Act (LOCAL initiative) in the past few the use of the pin maps do not violate the sex-offend- weeks. The campaign coalition has sent a person- ers privacy rights, and are consistent with the public alized letter (see page 10) to each legislator asking policy behind California's Megan's Law as a matter of for their formal endorsement. public safe~. In the coming weeks, the campaign will formally The name of the case is Fredenburg v. City of recognize those state legislators that have come Fremont, No. A103685, (1" Dist.). out in support of the LOCAL initiative. . The Ninth Circuit Court of Appeals recently issued Local officials are encouraged to contact your an opinion upholding a city's denial of a religious state legislators and ask them to formally endorse college's application to rezone property for religious the initiative. As the .Legislature considers reforms educational use based on its zoning laws. The to the State-Local fiscal relationship, it .is important League thanks Amy Greyson and Peter Pierce with that they are briefed on the LOCAL measure and Richards Watson & Gershon for writing the brief on asked for their support. behalf of joining cities. The court concluded .that the city's zoning taw was constitutional because it was Please ask legislators to-fill out an endorsement generally applicable, neutral and did not substantially form (link to downloadable form on the campaign burden the school's free exercise of religion, website) or sign up online at the campaign website: www. Pr0teqtLocalServices.com PAGE 2/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org REGISTER NOW FOR "YOUR CITY'S NBA/COMPENDIUM OF PLANNING, FAMILIES" CONFERENCE ZONING AND DEVELOPMENT LAWS AVAILABLE The National League of Cities (NLC) is now registedn9 attendees for its "Your City's Families" The Governor's Office of Plannin9 and Re- conference, to be held in Portland, Oregon-from search has released its 2004 edition of the Plan- Apfil 28 - May 1, 2004. This is among NLC's most ning, Zoning and Development Laws, a compen- successful conferences, held biennially, and is dium of state laws related to land use planning expected to draw over 400 municipal officials, and development. The publication is an important community leaders, parents and .youth for three reference for land use professionals who must days of workshops, presentations, and meetings keep abreast of constantly changing statutes and of individual city teams, regulations The conference focuses on programs and The 2004 Planning, Zoning and Development policies that work .toward establishing and sUstain-'Laws provides the current text of land use-related ing successful children, youth, families, schools, statutes and identifies specific 2003 legislative and communities - including information about changes. Among the laws.included are-the State strategic efforts and the development of action Planning and Zoning Law, the Subdivision Map ACt, plans to implement them. and laws regulating common interest subdivi- sions, airport planning, school siting, family day This year's workshops will address topics care homes, outdoor advertising, disposal of sUch as: surplus land, and surface mining. · Leadership by local elected officials; The publication also contains a legislative · After school programming; summary and a summary of recent opinions by · Youth development; the Attorney General on topics of interest to · ,Eady childhood care and education; planning professionals. A new subject index · Collaboration between city hall and schools; allows easy reference to multiple statutes. · Funding strategies; · Support for working families; and The Planning, Zoning and Development Laws · Creating and maintaining community teams, is now available on the OPR website at http:fl www.opr, ca.,qov/publications/. NLC's Institute sponsors the conference for YOuth, Education, and Families (YEF Institute). in For a print copy of the .publication, contact collaboration with the City of Portland, the League Terry Roberts at 916.445.0613, or email of Oregon Cities, and the Coalition for Community terry.roberts@opr, ca.gov. Schools. The 2004.registration form and brochure - as well as a report of the most recent "Your .City's Families" conference -- are now avail- able in the "Your City's Families Conference" section of the YEF Institute website at www. nlc.or,q/iyef.. To receive a printed bro- Our Mission chure,,leave a message on the information line at [~estore andprotect local control f~or cities 202/626-3014 or e-mail a request to ro_~ers~nlc.om. Lower registration fees are in through education and advocacy to enhance the effect through March 26. quality ol' l it e t'or all Californians. Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAG The two fundraisers were held on Thursday, have done a phenomenal job organizing the event. March .11, in Los Angeles and in Monterey. The well- LOCAL volunteers have been recruited to Staff almost attended Los Angeles event took place at the 100 high pedestrian traffic locations around the state. California Club in downtown Los Angeles. Speakers included Los Angeles Supervisor Don Knabe, Los Press Coverage Generates Positive Aware- Angeles Mayor Jim Hahn, Los ness of the Initiative Angeles Council Member and League Second Vice President Press outreach has been an important part of the Alex Padilla, CSAC Executive preparations for Signature Saturday, and these efforts Director Steve Szalay and have been .paying off. Examples: League 'Executive Director Chris McKenzie. They spoke to In the Monterey Bay .Division,.League Regional a large, supportive crowd that Pep Deanna Sessums was interviewed by KRKC news included numerous other city and radio, which replayed Sessums' message throughout county officials, representatives the day, urging volunteers to come out Saturday and from various businesses and sign the initiative petition. Sessums did another radio other LOCAL supporters, interview at 6 a.m. the next morning, and spoke to the Santa Fe Springs Santa Cruz Sentinel in a piece promoting the effort. Council Member Betty Putnam was Singled out for special singled out for attention were West Covina In the South San Joaquin Valley Division a special recogni- Council Member and Friday press conference in front of the Kern County tion at the March League Board Member Ben Sheriffs' headquarters will kick-off weekend signature 11 Los Angeles Wong for his fundraising gathering efforts, led by Kern County Supervisor LOCAL fundraiser, for single- efforts; and "Signature Michael Rubio. .., handedly collect- Star" Betty Putnam, lng more than 700 Council. Member in Santa. The lead of a March 9 San Francisco .Examiner~ signatures to help Fe Springs, who has col- article read, "Tired of the state government expropriat- qualify the LOCAL lected more than 700 lng local money, cities and counties are fighting back. initiative, signatures on the LOCAL On March 13 -- dubbed 'Super Saturday' -- volun- petitions! teers countywide will gather signatures supporting the Local Taxpayers and Public Safety Protection Act, an The Monterey fundraiser was sponsored by the initiative that would stop the state from re-allocating California Redevelopment Association, 'and drew on local funds withoUt taxpayer consent." the involvement and support of CRA vendors, corporate and organizational partners. The San Mateo Daily Journal ran a feature entitled "City Officials Gear Up for Tax Battle." The Both events underscored the importance of the article focused on the initiative and how it would affect partnership arrangements the LOCAL has built up in the state-local fiscal relationship, and also noted 'city recent years in the effort to protect local services officials are using their own time to gather support for from state funding takeaways, the initiative. As public officials, they are not allowed to campaign on city time. [San Mateo City Manager Arne] These events will be followed by "Signature Croce's .been walking the neighborhoods to collect Saturday', the name for a statewide drive for volun- signatures during his lunch hour and after work." teers to collect a targeted 300,000 of the I million signatures the campaign plans to obtain to qualify On March 11 the Contra Costa Times ran a story the LOCAL initiative for the November 2004 ballot. A with the headline "City leaders hit streets to preserve list of locations is available at funding". Quoting Walnut Creek CounciIMember www.protectlocalservices.com KathyHicks the article reported, "We're all working ': together to protect our local government funding Working with city officials and their LOCAL sources. The state has been taking away local tax coalition partners, League regional representatives dollars and we rely on these moneys for essential city Continued on Page 5 PAGE 4/PRIORITY FOCUS Visit the League's Official Web Site-.www.cacities.org FUNDRAISERS from.pge 4........... SIGNATURE STARS SHINE BRIGHTLY. services that .benefit our local citizens." ACROSS THE STATE! Feature stories or Op-Ed's also appeared this With Signature Saturday approaching - the all- week in the Stockton Record and the Calaveres out push to gather signatures to qualify the LOCAL Enterprise. initiative for the November 2004 ballot- the need for "signature stars" in the volunteer signature Volunteers Are Still Needed to Make gathering effort'becomes more important than Signature Saturday a 'Successl ever. The League is still encouraging all city officials "Signature Star" of the week :is undoubtedly and anyone interested in protecting local services to participate in Signature Saturday. A number of otherSanta Fe'Springs Council Member Betty petitions are in circulation, and competition for signa- Putnam, who received special recognition this tures at some locations is stiff. Volunteer efforts*really week at the March 11 LOCAL fundraiser in Los matter. Please contact your Regional Representative Angeles for 'single-handedly collecting more than to learn more about locations for Saturday's signature 700 signatures. (See related article.) drives. VVanna be a star?. Below are testimonials from Please remember: all activities related to the other Star Signature'Gatherers as to how easy it is League ballot measure must'take place on your to "sell" the League initiative, and how they've own time, and not use any city resources, gone about meeting their signature goals: Check the ."Legal Do's and Don'ts" of signature gathering and other ballot measure advocacy activi- Just-How Hard is it to Gather Signatures? ties, posted on the-Initiative page of the League's "Seriously, it's like shooting fish in a barrel," website at www,c~dties,org/initiative, says Assistant City Manager Rick Dudley of the City of Vista..Dudley, who has been working together with his City Manager, Rita Geldert, observes that, "We describe how our initiative keeps the state from taking local mOney without a vote of the people, and doesn't raise taxes, and NEW CAMPAIGN TOOLKIT AVAILABLE they say 'where do'l sign?'" Not sure how you can help qualify and Mayor Earring Horn of Lafayette also pass the LOCAL initiative? stresses how easy it is to promote the League initiative, echoing Rick Dudley's assertion that A new "Campaign Toolkit" now available "just about everyone asks 'where do I sign?' after on the campaign website headng about our program." Horn recalls only (www.protectlocalservices,com) can help you "one or two" rejections out of well over 100 asks in get involved. The Toolkit features handouts the last week. Ultimately, Hom says of his involve- and voter education materials, and can be ment in the signature ddve, "It's kinda fun, we're easily downloaded in a number of formats, encountering people from a broad range, and it's The materials, like the website, are designed easy to get everyone excited about what we're to help with presentations, signature gathering doing." efforts and other activities to support the Local Taxpayers and Public Safety Protection Act. Where Do I Go to Gather Signatures? Please make use of this valuable resource as we move forward with the initiative. Andy Fox, Mayor of Thousand Oaks and a , .. member of the League Board, has taken petitions to a number of community events, including Continued on Page 9 Visit the League's Official .Web Site--www.cacities.org PRIORITY FOCUS/PAGE 5 SENATE LOCAL GOVERNMENT COMMFI-rEE SET TO LEAD :DISCUSSIONS ON NOVEMBER LOCAL GOVERNMENT BALLOT MEASURES In follow-up to a February public informational headng, the Senate Local Govemment Committee Proponents of the Hertzberg measure now under the chairmanship of Senator Tom Todakson plan to ask the Legislature approve the measure is set to lead a sustained discussion in a working for the November ballot, rather than collect the group setting ~on-two proposed ballot measures for voter signatures to qualify the measure. The November of this year that would each take a very deadline for legislative approval is later (mid- different approach toward the many problems summer) than the mid-April deadline for an facing local govemment finance. Other Senators initiative effort. ~ ' involved in the working group include Senators Johnson, Ducheny, McPherson and Ackerman. The While the Hertzberg effort seeks to chang~ League, CSAC and the Special Districts Associa- the basic structure of local government, the tion have been invited to participate ~in the discus- LOCAL initiative merely spells out that no legisla- sion. tive act may reduce or alter local funds (property and sales taxes or vehicle license fees) without Of pdmary concem to the League and its voter approval - thus establishing the conditions coalition members, CSAC and the Special Districts under which change or reform will take place. Association, is the Local Taxpayer and :Public Safety Protection Act (the "LOCAL Initiative") The League has reviewed each of the many sponsored by the three organizations, which enjoys drafts of the Hertzberg proposal. We have found a healthy and growing list of supporting organiza- the measure to be riddled with problems, and tions. It contains two essential components. First, itlanguage that contradicts the proposal's stated requires a vote of the electorate to approve any intent. For these reasons, the League has raised action 'by the legislature that would reduce or shift questions about the proposal and the cloistered local govemment sales, property or vehicle license atmosphere that surrounded its development. fee revenues to pay for state services. Second, the measure strengthens the state mandate laws to In a preliminary meeting with interested ensure the state lives .up to-its obligation to fund legislators to set the stage for the Senate Local state-imposed mandates on local government. Government 'Committee discussions, the League signaled its clear intent to oppose any legislative Petitions are now in circulation to gather the attempt to place what would be a competing signatures needed qualify the measure for the measure to -the LOCAL initiative on the November November ballot. The deadline for turning petitions 2004 ballot. The Hertzberg measure would into county elections offidals is around mid-April of cleady compete with the LOCAL measure and this year. The signature-gathering effort is on targetlikely confuse voters, raising concerns about and is expected to result in qualification by the either measure passing. The League also voiced deadline, its consent to .participate in the discussions as long as the goal was to place a reform measure Former Speaker of the Assembly Bob on a future ballot. Hertzberg is the sponsor of the second measure, which takes quite another approach to local govern- The League will keep you closely informed of ment finance. The heart of the proposal is a tax the progress or any meaningful developments in swap that shifts % cent of the local Bradley-Bums these.discussions. These discussions promise sales tax to the state along with the remainder of to be at least time consuming if not productive. vehicle license fee revenues. The loss to local government as a result of that shift is backfilled with an equal amount of property tax from the schools. Schools are then kept whole by the state general fund. PAGE 6/PRIORITY FOCUS Visit the League's Official Web Site-.www.cacities.?rg LOCAL LEG ACTION'DAYS from page I -" -'" -" -" · -" -" -'" -" -'" -' · The need for a strong local voice on the budget is clear - and especially during the two days preced- THIRD ANNUAL LOCAL lng the release of the May budget revise. The Governor's budget depends in part on a PERMA-' LEGISLATIVE ACTION'DAYS - NENT $1.3 billion, 25% increase in the ERAF prop- TENTATIVE SCHEDULE erty tax shift - on top of the $5.2 billion shift of property taxes that the state is draining from Califor- Wednesday,-May 12 nia communities. The Legislative Analyst has pro- posed "alternative" cuts to local government as a 7:30 a.m. - 5:00 p.m. Registration means of balancing the state.budget. 1:00 p.m. - 2:30 p.m. Opening Remarks, Remarks from Controller Steve Westly; None of these alternatives is acceptable! Local Discussion of Current Budget Issues and government did not create the state's deficit. Local Strategies services should .not be cut to pay for the state's 2:30 p.m. - 5:30 p.m. Visits with Legisla- inability to.manage its own funds, tors (LOCAL will arrange) 5:30 p.m. -7:30 p.m. Legislative Recep- Please plan on joining hundreds of local elected tion at the Sheraton officials, public safety, health, 'labor and business groups from around the state in an all-out effort to Thursday, May 13 urge Legislators to protect our local services. Help get. the public attention needed to preserve .local 8:00 a.m. - 9:30 a.m. Continental Break- services by being part of a giant press conference fast, Session, Key Note Speakers: Mem- on the steps of the Capitol and .one-on-One meetings hers of Administration and .Legislature with legislators in their Capitol offices. 10:00 a.m. - 11:00 a.m. Press Conference and Rally on the Capitol Steps You will also hear-an update on the LOCAL 11:30 a.m. Adjourn initiative - the Local Taxpayers and Public Safety Protection Act - a November '04 .ballot measure sponsored by the League and our LOCAL partners, the California State Association of Counties and the California Special Districts Association. The measure LATIN0 CAUCUSWELCOMES ALL would require voter approval before the state could CITY OFFICIAl5 TO take local government funds in the future. MAY WORKSHOPS There is :NO REGISTRATION FEE FOR THIS The League's Latino Caucus is planning PROGRAM, but PLEASEREGISTER IN ADVANCE several workshops at the Sheraton Grand in so we can help coordinate meetings with your Sacramento the morning of~May 12 prior to legislators, and prepare materials for you. Register the LOCAL Legislative Action Days program. on-line today at www.calocal.ora or use the The workshops are open to all interested city attached registration form. officials. Hotel 'Reservations Caucus registration opens at 8:00 a.m., A block of rooms has been reserved at the with the opening session starting at 8:30 Sheraton Grand Hotel in Sacramento at a discounted a..m. At 9 a.m. there will be a panel on "Mak- rate for LOCAL Legislative Action Days participants, lng Workers Compensation Work for You", Please book your room by contacting the hotel and at 10:30, a panel on "PERS: A Costly directly at (800) 325-3535 and identifying yourself as Investment". part of the LOCAL meeting, yQu must reserve your room by A_oril 9a to receive this dis- For registration information contact the counted-rete. Latino Caucus at CalLatinoCaucus@aol.com. or John Arriaga at 916-669-1340. Visit the League's Official Web Site--www. Cacities.org PRIORITY FOCUS/PAGE 7 The '~tdPle flip" suspends one-quarter of the January of the following year. Since the sales tax Bradley-Burns sales and use tax, replaces the lost compensation adjustment estimates are based on revenues on a dollar-for-dollar basis with funds setpdor year sales calculated in August of the current aside from the countywide property tax revenues year, the likelihood of differences is high. (primarily ERAF), and increases the State's sales and use tax by one-quarter percent with the State increase dedicated to repayment of the bond Cleanup Legislation Discussed measure. Are there any remedies? Since last August, the League has been working with California State Though a lawsuit has been filed challenging Association of Counties (CSAC), county auditors the reduction in the Bradley-Bums sales tax, the and municipal revenue consultants to understand tdPle flip is set to go into effect on July 1, 2004.the implications of the "tdple flip" and recommend solutions to easethe cash flow burden. The Implementing the Triple Flip working group has also discussed concerns with the State Board of Equalization, which also has What will be the impact to cities? Though -the some implementation issues, the-Department of "tdple flip" is set to start on July 1, 2004, the State Finance and legislative staff. Preliminary cleanup Board of Equalization will distribute the full pay- draft.legislation .has been discussed. The working ments of sales and use tax on the second calan- group Will continue to seek legislative remedies dar quarter of 2004 in July and August with the through discussions with legislative and adminis- final second quarter reconciliation amount paid in trative staff. Please contact Frances Medema September. Starting with September, monthly (medemaf~.cacities.om or 916/658-8218) with any distributions of third calendar year quarter 2004 questions. sales tax revenues will start at the lower amount. In September, the Department of Finance will LEI' THE .LEAGUE'S CALENDAR provide county auditors with the total amount of funds to set aside from the countywide Education RESOURCE HELP YOU PLAN YOUR Revenue Augmentation Fund (ERAF) property BUDGET FOR MEETINGS AND taxes to compensate the county and every city within the county for the reduced sales tax TRAINING IN 2004 amounts for the current June - July fiscal year. This amount will be based on .prior year sales and Visit the League's website use tax revenues. County auditors will make www.cacities..oro/ed for a complete payments from the property tax set asides for the reduced sales tax revenues in January and-May, schedule of upcoming meetings. View dates, locations and 'pricing information At the end of-the fiscal pedod, the Department up to a year in advance. Not only can you of Finance will provide the county auditors with the register online or view the current pro- actual amount of reduced sales tax revenues for the county and each city in the county after the gram or outline for these meetings, you end of the fiscal year. Any adjustments as a result can use this information to.help plan of the difference.between the amounts paid each your meeting schedule and budget ex- jurisdiction and the actual amounts will be settled in the next fiscal year. The significance for cities penses for the upcoming year. New 2004 is that there will be a cash flow delay as one- meeting information ,is currently avail- quarter of the sales and use tax revenues that are able and continuously updated. received monthly will not be paid in January and May and in some instances may be delayed into PAGE 8/P-RIORITY FOCUS Visit the League's Official Web Site--www.cacities.org SIGNATURE STARS from page 5 ------......-.- -- -. ...... · ........ --. · opening day ceremonies for softball and baseball think a lot of us are reluctant to hit the streets, last Saturday. With three children of his own, Fox that's why we've started out going to places where was still able to act as a guest speaker at the *we're known and won't feel as ill at ease." He and ceremonies and COordinate the petition drive at the his fellow city officials have since-begun to enlarge events. '1 :hope to have petitions circulated at their efforts, making them .true "Signature Stars". every game in the COming weeks, "said Fox. Please contact your regional rep to find out Council-Member John .Mathena of how you can help. With your help, we CAN DO Redding, who belongs to a number of local IT! organizations including the realty board, uses his COmmunity involvement .to entreat prospective Be sure the check the "Legal Do's and Don'ts" signatures. '1 try and mention it, if it's allowed [Ed. of signature gathering and other ballot measure - consistent with the legal requirement to collect advocacy activities, posted on the Initiative page of signatures USing only non-public funds], at every the League's website at www.cacities.org/initia- meeting I go to," says Mathena, "every meeting, five. The two .basic rules: Don't use public re- and beyond." Mathena praises .the movement sources (including city phones, faxes, emails, he's seen in his community, citing the involvement equipment, facilities); and you must be on per- of county officials and the local SEIU in the signa- sonal time when you engage in campaign activi- ture drive, ties. Jere Melo, Mayor of Fort Bragg and League Board*member, has taken another approach m pounding the pavementall over his COmmunity. Melo estimates he's gathered well over a *hundred signatures in front of the local hospital alone, and has also appeared with his signature gathering partner, Mayor Pro Tem Dan Gjerde in front of the post office, city buildings, supermarkets, and plans to solicit at the upcoming Mendicino Whale Festival. "It's-not just me;" Melo demurs, "it's a whole bunch of people m this is a community thing, and everyone's contributing." Gathering signatures need not be an arduous Enroll in the League's E-Campus task. :Many city officials ~have learned, as tong as they are on their personal time, just bringing Online Learning Program petitions along to regularly scheduled meetings can yield hundreds of critical signatures. As Rick The LeaguE-campus is currently offering several Dudley observes, "We've had a number of lunch and nighttime meetings that occur in the normal program courses designed specifically for city course of.operations, homeowners association or officials. Visit the LeaguE-Campus Website at Rotary meetings, and we just take the petitions wvvvv.cacities.or_(]/ed and view the current class anywhere we go in off hours." listing. Enrollment is open and a free demo for each class is available .to preview. LeaguE- These .simple acts can open doors to even Campus enables you to access quality programs more support for the initiative, by bringing more potential signature gatherers on board, and even anytime, anywhere.. dispelling some of the awkwardness for first-time signature gathering. Dudley also COmmented, "1 Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE LEGISLATOR'ENDORSEMENT LETTER Californians%v ProtectI Local Taxpayers: and publlcSafety www. ProtectLocalServices.com February 24, 2004 The Honorable California State State Capitol Building, Room Sacramento, CA 95814 Dear We urge you to formally endorse the Local Taxpayers and Public Safety Protection Act, a measure aimed -for the November 2004 Ballot. The measure .is supported 'by a broad .coalition of local govern- ·ment, public safety, business and community leaders (see attached coalition list). It would require a majority vote of the people before the State would be allowed to take and use the major soumes of local government revenues in the futUre. We are in the process of collecting signatures and are confident that we will gather the necessary valid signatures to put this before the voters in November. Moreover, we are confident that voters will ultimately approve this measure when given the chance. Strong majorities (70%) of voters 'surveyed support the underlying concepts behind this measure: protecting local government funding from being reduced by the state and giving voters the final say before the state can take funds now dedicated to cities, counties and special districts. Attached is more information about 'this measure. You can also download text of the initiative and other materials at www. ProtectLocalServices. com. This measure is very simple: · First, it would require a majodty vote of California voters .before the state government could take local government funds and use them for state purposes. This measure requires local voter approval before the state can reallocate local property taxes, or reduce funds local governments now receive from vehicle licensefees (or equivalent) and sales taxes. · Second, this measure strengthens existing law that says when the State mandates a program, service or added cost to local governments, the state must reimburse local governments in a timely manner for the cost of providing that program or service. These two simple - yet important - provisions will go a long way to protect funds for vital local services like police and fire, emergency medical and health care, parks, roads, and libraries. Continued on Page 11 PAGE lO/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org LEGISLATOR .ENDORSEMENT LETTER As you well know, in order to balance the state budget, for the past decade the State has been redirecting billions of dollars in local property taxes and other revenues each year from cities, counties and special districts. Ail manner of local services have been negatively impacted by the continual drain of local tax dollars. The Local Taxpayers and Public Safety Protection Act aims to restore fairness and balance to the system. It does not raise taxes; does not increase revenues to local governments; does not prevent more comprehensive reform of state and local government fiscal relationship; ,and doesnot take away funding for other state, programs and services-like schools or transportation. It simply protects existing local government funding and requires a vote of the .people if the state seeks to,reduce Or take these funds. Key principals in the coalition, including the League of Califomia Cities, Califomia State Association of Counties, California Special Districts Association, California professional Firefighters, California State Shedffs' Association, Peace Officers*Research Association of California, California Police & Fire Chiefs, and many more local government, public safety and community leaders have made passage of this measure a key pdodty. We hope you will join us in support. Please-fax the attached endorsement form to 916-442-3510 or you can sign up online at www. ProtectLocalServices.com. Please call 916.443.0872 with any questions or for additional materials. Sincerely, Ron Loveridge Mayor,. City of Riverside President, League of California Cities Paul Stein Calaveras County Supervisor President, California State Association of Counties Bill Miller General Manager, North of the River Municipal Water Distdct President, California Special Districts Association Paid for 'By Califomians to Protect Local Taxpayers and Public Safety, Sponsored by a coalition of local government organizations, Califomia State Association of Counties (non-public funds account), League of California Cities (non- public funds account) and the California Special Districts Association (non-public funds account)1121 L Street, Suite 803 · Sacramento, CA 95814 · Phone (800) 827-9086 · Fax (916) 442-3510 www. protectlocalservices.com Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 11