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HomeMy WebLinkAbout12/30/04 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM December 30, 2004 TO: Honorable Mayor and City Council FROM:. Alan Tandy, City Manager ~'7-~, r-/~-, SUBJECT: General Information 1. Castle & Cooke has offered to construct new landscaping improvements and modify some older ones in the southwest area that serve as the gateway to their newer developments. Staff met with their representatives earlier this month to coordinate the planning and construction of the projects. It is a very advantageous approach for both the City and Castle and Cooke, as it will enhance the overall appearance of the areas and will be cost effective for us. A list of the areas, with a description of the projects, is enclosed for your information. 2. Florn Core reports that we picked up some upper elevation snow from the storms this week, though not a significant amount. We may get more from another cold storm system forecasted for late next week. 3. The City of Morro Bay sent the attached information regarding proposed legislation that would modify the Americans with Disabilities Act to require notice prior to filing a lawsuit. 4. Recreation and Parks' activity report for November is enclosed. 5. Responses to Council requests are enclosed, as follows: Councilmember Benham · Code enforcement actions at Montgomery World Plaza; Councilmember Couch · EvalUation of cost benefit of the City's membership in the League of California Cities. Happy New Year' I AT:rs cc: Department Heads Pamela McCarthy, City Clerk B A K E R S F I E L D MEMORANDUM December 22, 2004 TO: Alan Tandy, City Manager FROM: Alan Christensen, Director of Recreation and Parks/~ SUBJECT: Castle & Cooke Streetscape and Median Projects in Southwest Castle and Cooke has offered to construct improvements to landscaped areas in the southwest that serve as the "gateway" to their newer developments. Below is a summary of projects they are proposing to work on. For the most part, the costs will be borne entirely by Castle and Cooke. 1. Tree Planting near Stockdale Hw¥ & Callowa¥ Drive C&C has offered to install trees and irrigation systems on both sides of the bike path from Calloway drive east for about ½ mile. The Kern Tree Foundation, Kern River Parkway Committee and the City will be the public entities assisting with the project. We are planning to use this project as our primary Arbor Day activity for 2005. 2. Seven Oaks Landscape Improvements C&C is not pleased with some of the landscape improvements they installed in the Seven Oaks area; therefore, they've asked to make changes. First, C&C would like the monument corners to have a consistent look that continues to be attractive over time. They propose to modify each corner with mostly turf and limited shrubbery. They would also fix irrigation systems at their cost. Second, C&C would like to "clean- up" streetscapes and medians. They realize that their initial designs were too dense, so they would like to remove some shrubbery and install turf in some spots for a simpler, cleaner look. City staff generally agrees that the proposed changes would be more attractive and provide easier maintenance for City crews. C&C is now working on designs that will be reviewed by City staff before modifications proceed. They wish to focus on "problem spots" in the area between Stockdale Hwy and White Lane, and Calloway west to Buena Vista. 3. Stockdale Highway Landscaping and Riverwalk Frontage,, Along with installation of their Riverwalk frontage landscaping, C&C is proposing to redesign landscaping on the south side of Stockdale Highway. Again, they are not pleased with the look and maturity of that landscaping. The new landscaping on the south would match in look and feel the median and streetscape on the north. C&C plans to do simple turf and trees in the median from Calloway to the Stockdale Hwy. bridge. They also propose that all the landscape improvements, including the median, be transferred to C&C for lifetime maintenance. C&C would pass along maintenance costs to tenants as part of their rent. Staff would like to pursue this proPosal and will be preparing legal documents to that end. C&C will also be doing monument work at all the corners along that stretch of Stockdale Highway. In addition to the corners that are their responsibility, they have also committed to construct, at their cost, the monuments at the 32-acre park and at the corner of the 40-acre park (yet to be constructed). 4. Jewetta & Stockdale Landscapin.q C&C proposes to install landscaping between the curb and sidewalk area in front of the 40-acre park near the corner of Stockdale Highway and Jewetta~ Avenue. C&C would maintain the improvements for a year or so, then dedicate them to the City. The advantage to C&C is that they spruce up the streetscape adjacent to their development across the street, and the City receives streetscape improvements for free that we would pay to install when the 40-acre park is developed in the future. For the most part, these proposed projects are a win-win for both parties, and staff recommends that we proceed with planning and construction. An "all hands" meeting with staff from the City and Castle and Cooke was held Friday, December 17th to coordinate these activities. We estimate that this entire list of items will begin to process immediately. We will keep you updated on the progress of the program. :.-: City of Morro Bay  :: MorroBay, CA 93442 · 805-772-6200 - DEC 2 3 CITY MANAGER'S OFFICE December 21, 2004 Alan E. Tandy Bakersfield City Manager ' 1501 Truxtun Avenue Bakersfield, CA 93301 · -Request-for suppor~t,for'legislation-that wout&amend~the-:A-merivans ..... -Re". .- ~ th~Dts~abthttes-A'ctT to require notice prior to filing a lawsuit. .. Dear City Manager: This correspondence is being sent to you at the direction of the City Council for the City of Morro Bay to solicit your support for legislation that would amend the Americans with Disabilities Act and California State Access laws to require notice prior to filing a lawsuit. As you may know, the City of Morro Bay is located on the Padific Coast of California about half way between San Francisco and Los Angeles near Hearst Castle and the Big SUr Coast. The City of Morro Bay is a working fishing village and the local fishing industry is one of the most important along the California Coast. The CitY is a pleasant tourist destination with shops, restaurants and hotels along the coastline and within several blocks of the primary streets. The Embarcadero, which runs along the waterfront, includes art galleries, tourist girl shops, surf and sport shops and dozens of restaurants. The City of Morro Bay has grown very little in the past 20 years, and as of 2000, there are 10,350 people residing in the City. There are absolutely no national chains in the City of Morro Bay except grocery stores and fast food chains. All of the · shops and restaurants are locally owned and operated and are considered "Mom & Pop" shops. In 2002, litigation was filed against the City for alleged violhfion~-'0~'th~- Ameficm~s--~ih Disabilities Act (ADA) and State Access laws. The City quickly settled a portion of the lawsuit by agreeing to spend $75,000 on ADA improvements over the next five years. The City was unable to settle the portion of the lawsuit dealing with attorneys' fees as plaintiff's attorneys demanded approximately $200,000. The Court recently reduced the amount of the attorneys' fees to $54,000; however, plaintiff's attorney is appealing the decision. In 2004, litigation was filed against 16 locally owned and operated restaurants in Morro Bay for alleged violations of ADA. All of the lawsuits are identical and have been filed by the same plaintiff and attorney. These lawsuits have had a tremendous impact on the Community. Two of ADMINISTRATION CITY ATTORNEY FINANCE DEPARTMENT FIRE DEPARTMENT 595 Harbor Street 955 Shasta Avenue 595 Harbor Street 715 Harbor Street HARBOR DEPARTMENT POLICE DEPARTMENT PUBLIC SERVICES RECREATION ~r PARKS 1275 Embarcadero Road 870 Morro Bay Boulevard 955 Shasta Avenue 1001 Kennedy Way Request for Support - ADA December 21, 2004 the restaurants have had to close their doors as they did not have the financial ability to fight the allegations. The 14-year-old.Americans with Disabilities Act is a good law. Unfortunately, the intent and spirit of the Americans with Disabilities Act of 1990 is being abused by a growing number of attorneys. Without giving small business owners an opportunity to remedy the alleged violations, these attorneys are filing lawsuits for minor technical access violations. Fearing the time, hassle and expense of lawsuits, small businesses are being forced into'cash settlements - most of which goes to the attorneys. By creating a multitude of cases, these attorneys are generating substantial amounts of income for themselves at the expense of small businesses. To help rectify this problem, Congressman Mark Foley (R-FL) introduced the ADA Notification -TFdt-~ ,)Twlii~h---a-m-~ffd s'-th-~-Am'---~fi~-an--g-With-Di-s~tlSilitieg-A Ct~ f ' 1'990 ~t~-d~-ffy jungdi~tit>~ ' to a court in a civil action for remedies unless the complainant has implemented specified notification procedures that include opportunity for correction of the alleged violation. At the State level, Assemblyman Tim Leslie (Tahoe City) has introduced similar legislation. AB 2594 Public accommodations: persons with disabilities would allow a person who hires an ADA specialist to review the design and construction of the person's premises to have a Certificate of ADA Compliance. Holders of such a certificate would be entitled to notice and the opportunity to correct future ADA violations before a civil lawsuit could be filed. . Congressman Foley's and Assemblyman Leslie's legislation would curtail the abusive practice of certain attorneys filing lawsuits for easily correctable ADA infractions and would enable small businesses to work with the disabled community to correct minor violations and improve accessibility for the disabled. In effect, passage of this legislation would tip the balance back to accessibility and back to the disabled and away from the lawyers. Recently our City Council passed the enclosed resolution and directed Staff to notify other .jurisdictions and solicit support in our endeavor to seek an amendment to .the Americans with Disabilities Act to require notice prior to filing a lawsuit. Thank you for your assistance. Sincerely, Robert Schultz City Attorney RESOLUTION NO. 68-04 RESOLUTION OF THE CITY COUNCIL OF THE ' ~ 'CITY OF MORRO BAY SUPPORTING LEGISLATION AMENDING THE AMERICANS WITH DISABILITIES ACT TO REQUIRE NOTICE PRIOR TO FILING LEGAL ACTION THE CITY COUNCIL City of Morro Bay, California WHEREAS' the Americans with Disabilities Act gives civil rights protection to individuals with disabilities similar to those provided to individuals On the basis of race, cOlor, sex, national origin, age, and religion; and WHEREAS, the Americans with 'Disabilities Act guarantees equal opportunity for individuals with disabilities in public acc. ommodations, employment, transportation, state and local government services,' and telecommunications; and .~. .... WZHEREASrthe4~'/ty-of--Morro -Bay-supp~rts~the~g~als-~f`this-~andmark~civi~:rights-~aw~a~th-e-6~gin-al~in~2e-~t~- of the Americans with Disabilities Act because it provides equal access oppommities for all Americans; and WHEREAS, since the enactment of the Americans with Disabilities Act, many abuses have been perpetrated against property owners by a few unscrupulous attorneys seeking to wage economic retribution upon property owners using the guise of a well-intentioned civil fights law. Unfortunately, it is not the goal of these few attorneys to improve accessibility for the disabled, but to exact financial punishment through lawguits; and WHEREAS, legislation has been introduced by Califomia State Assemblyman Tim Leslie (AB 2594) and by . U.S. Congressman Mark Foley (H.R. 728) that would amend the Americans with Disabilities Act to require, as a precondition to commencing a civil action with resPect to a place of public .accommodation or commercial facility, that an oppommity be provided to correct alleged violations. NOW, THEREFORE, BE IT' RESOLVED 'BY THE COUNCIL OF THE CITY OF MORRO BAY that this Council. supports the adoption of legislation that would require notice prior to filing legal action for violations of the American. s with Disabilities Act since it would curtail the abusive practice of certain attorneys by providing a due process provision for property owners so that they may be in full compliance with the Act. BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to the League 'of California Cities, Central Coast Cities, the Governor's Office, and to the California and Federal Legislative Delegation . PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on ' the 27ta day of September, 2004 on the following vote: AYES: Elliott, PeNce, Peters, Winholtz, Yates NOES: None .. ABSENT: None, ~ · . ATTEST: ATES, · BRIDGETT ~UER, City. Clerk RECEIVED DEC 2 8 2004 CiTY MANAGER'S OFFICE Department of Recreation and Parks Parks Division November 2004, Report CPRS DISTRICT 7&15 RODEO For the past many years, CPRS districts 7 and 15, FresnoNisalia and Bakersfield/Outlying areas respectively, combined efforts to present a Park and Recreation Rodeo. The event offers staff members an opportunity to speak with vendors representing small equipment, irrigation supplies and equipment, view horticultural plantings from local junior colleges plus other related product representatives. In addition, 'there are skill challenges including weed identification, programming of electronic time controllers, re-assembly of an irrigation valve and even and old fashioned 2-person buck saw competition. CITIZEN FORESTER CLASS Two Park members, Robert Garza and Israel Herrera recently completed four, 4- hour sessions of basic urban forestry training offered by the Tree Foundation of Kern. The program offered information on tree planting techniques, basic tree care, species identification and how lead community planting and tree maintenance techniques. Chevron-Texaco and The National Tree Trust provided a grant to fund the program. NEW FACILITY WORKERS Congratulations are in order for Pedro Mancia, Nick Cruz, Henry Murillo, Rudy Garcia, Jerry Pina, and Antonio Vasquez as they were selected as new and vacant Facility Worker positions. They began in their new positions effective November 1. All were Park Laborers except Henry who joined us from Solid Waste. Congratulations also to James Enriquez and Abel Torres, former Park employees, who at time of advancement transferred to General Services. MAINTENANCE DISTRICT WORK The onset of fall brings to end of our turf mowing season which allows additional efforts towards pruning. Certain mow crew personnel join maintenance area personnel and assist in pruning efforts. Other mow staff share specialized equipment to aerate and renovate turf, pick leaves and renovation clippings, and mow down ground cover to foster new growth next spring. Primary focus of our pruning efforts remain in the interest of safety. Such safety issues include pruning to enhance line of sight or clearance from sidewalk to minimize pedestrian hazard. CERTIFIED ARBORIST/MUNICIPAL SPECIALIST Congratulations are in order to Paul Graham, our Urban Forester, for successfully completing an educational program and testing to become one of the country's first Certified Arborist/Municipal Specialist. The certification program was conducted by the International Society of Arboricultural (ISA). Paul was already certified by ISA as an Arborist. ISA literature specifies, "...the purpose of the ISA Certification Program is to improve the level of knowledge and standard practice within the tree care profession. It is designed to assist the public in professionals in arboriculture who have demonstrated, through a professionally developed examination and education program, a thorough knowledge of tree care practices". GREENWASTE COLLECTION Solid Waste, Streets, and Parks divisions combined efforts to utilize a small, previously unused space west of the Corporation Yard for internal green waste collection. Green waste is comprised of leaves, turf clippings and pruning matter from landscape and turf areas. -- Streets paved the area while Solid Waste provided two 40 cubic yard roll off containers. Park staff may then deposit their last pick up of green waste at the Corp Yard. Park staff then use a front end loader to load the Green waste into the roll off bins. Solid Waste hauls the collected green waste to the Mt. Vernon processing facility. The process reduces the amount of green waste deposited at remote collection sites across the city which in turn must be gathered by use of our one and only loader. The Corp Yard site is expected to save on transportation and handling time of green waste. CHEMICAL APPLICATION TRAINING Joshue Hernandez was the last of 5 volunteers who participated in a 30 day chemical applicator training program. Previously, Israel Herrera, Gerardo Pina, Anthony Tallant and Frank Hinojosa completed a similar training session in September and October. Training consists of verifying proper chemical for situation, operational safety and compiling necessary documentation. Park supervisor Ed Lazareti headed the training program. Ed retains certification as both a Pest Control Advisor (PCA) and Qualified Applicator license. Without Ed's certification, we would be required to contract out or spray operations. By completing these chemical application operations in house, our estimates are we save tens of thousands of dollars annually. NEW ACREAGE Four parcels were accepted into our maintenance program in November. The combined acreage totaled approximately 1.45 acres. These areas included 106 trees, 742 shrubs plus turf. There were 2 parcels accepted into 365 day maintenance period. These locations total 1.45 acres and include 97 trees and 399 shrubs. Upon successful completion of the maintenance period, these areas will become responsibility of Parks Division to maintain. PARK RESERVATIONS Winters first chills lead to the anticipated seasonal reduction of park reservations. There were 38 reservations with an estimated 4,056 person in attendance for November reserved events. As typical, this does not include informal uses of are park system by thousands more without reserved sites. B A K E R S F I E L D DATE: December 1, 2004. TO: Alan Christensen, Assistant City Manager FROM: Holly Larson, Supervisor RE: November Monthly Report Aquatic Attendance: See attached statistics for aquatic attendance at McMurtrey. All other pool facilities are currently closed until the high school swim season begins in January. Saturday noon lap swim time was added this month in response to a high level of interest. Lap swim numbers were large over the Thanksgiving weekend thanks to lots of stuffing and pie consumption. Lifeguard trainer orientation was held November 12. The six trainers were in attendance. In addition to the attached statistics, numerous tours were given to groups exPressing an interest in the facility. Aquatic Staffing: Recruitment has begun for summer 2005 staff. Eight aquatic specialists have been referred so far. C:\DOCUME~l~sfbrsyth\LOCALS-l\Temp~nonthly report.docC:\DOCUME-l~sforsyth\LOCALS~l\Temp~nonthly report.doc 12/2/200410:33 September ~~ 0 0 0 0 0 9 6 O~ ~-~-~ ~------~----~ --~'~-~ 7 ~ o~ 29 100 0 7 ~ -----~~~ ~ ~~~ ~ 2~~ o o~ 20 100 0 ~~ ~ ~~ 3o~ o o~ 18 150 llll ~ 0 6 Cancelled · 0 0 16 6 0 ~~~~~~ 17 4 o~ ~~ 0 ~ ~~~ ~ 281 71 0 0 September ~o~:11 16521] October 2004 5 16 4 20 0 0 0 4 4 4 5 0 0 0 0 0 3 8 6 6 0 0 0 0 4 7 4 0 0 0 0 0 2 10 4 0 0 0 5 8 0 0 0 0 0 6 15 5 5 28 8 0 0 0 3 6 4 7 0 0 0 6 15 6 6 0 0 0 5 7 1 6 0 0 7 13 6 0 0 16 0 8 13 8 1 17 6 0 0 0 4 7 I 17 6 0 0 0 5 8 2 6 0 0 0 5 9 I 18 8 0 0 6 6 2 0 0 200 0 5 10 4 4 16 6 0 0 0 5 4 0 4 0 0 0 3 10 3 2 17 I 0 0 0 2 5 0 2 19 5 0 0 6 5 6 0 0 8 October Total:Il 102211 Novermber 2004 7 7 12 24 4 8 3 7 3 18 7 9 4 10 7 18 8 7 8 2 19 6 8 10 6 4 19 6 10 17 5 7 4 15 7 8 3 5 3 14 5 7 6 12 6 17 0 2 4 1 18 0 8 6 6 0 14 0 3 ].8 5 11 5 20 6 9 5 5 17 2 9 5 8 8 16 0 0 3 6 2 17 6 8 9 6 1 13 1 6 ! 2 6 3 17 3 9 6 9 6 18 5 9 6 15 I 15 3 0 14 11 0 6 9 3 19 6 8 5 6 18 6 8 November Total:[[ 951]] B A K E R S F I E L D Department of Recreation and Parks Monthly Report November 2004 Dr Martin Luther Kin.q Jr. Community Center After School Proqram We have added a new addition to our after school home work club. Highland High School tutoring program is providing students to help our youth with home work on Tuesday and Thursday from 3pm to 6pm, there focus will not only be home work help in math and writing but also social skills. Sports Flyers for our youth basketball program have been distributed to all elementary and middle schools in the area. The program will start January 8, boys and girls 1st through 8t~ grades will be evaluated and the league will start on January 15. Adult Sports We are planning a holiday adult basketball toumament on Dec 18 and 19; the first eight teams will be accepted the cost is $60 per team. KWANZZA Our youth have been working very hard this past month preparing for this event schedule for Dec 30, here at the center, twenty five youth have been learning to purpose of KWAN7_ZA and making decoration for the program. Dance Troupe Our troupe consists of 18 young ladies ages 6 to 12 who have been practicing for the Christmas parade; they also will perform for KWANZZA and Dr King birthday celebration in January. Dean Jones Page 1 12/3/2004 8:01 AM B A K E R S F I E L D Department of Recreation and Parks Date: December 1, 2004 To: Alan Christensen, Interim Director From: Terri Elison, Recreation Supervisor Subject: November 2004 Monthly Report Silver Creek After School Program ......................... 488 Attendance ......................... 31 Average Daily Attendance The After School Program celebrated our 2004 Election, Veteran's Day and Thanksgiving this month. Highlights of the program included learning about our election process and then voting, singing patriotic songs, hearing stories honoring our veterans, creating Thanksgiving crafts, learning a Pow-Wow dance, playing Tom-Tom percussions instruments, and playing outdoor games. Silver Creek Rentals ................................................... $323.00 (Figure doesnotincludedeposit,) The Silver Creek multi-purpose room and/or pavilion was rented one time during the month of November. The center was rented for a company party. Total attendance was approximately 125. Silver Creek Center The front area of the Silver Creek Center has been redesigned. The cement and bench area have been removed and is being replaced with roses and plants. This will not only beautify the front-of the center but help with the skateboard problems we have. Classes at Silver Creek: # Registered Total Attendance Ballet & Gym (6 -11 ) 18 90 Ballet & Gym (3-5) 12 60 Belly Dancing 13 37 Calligraphy Workshop 4 4 Chess(Beg. & Inter.) 9 27 Clogging 18 72 Creative Quilting no class no class Dance & Gym (4-5) no class no class 7:59 AM 12/3/2004 C:~X)CUME~l\sforsyth\LOCALS-l\Temp\TerriNovember2004Report.doc Created by Telison Dance & Gym (2-3) 12 48 Dog Obedience no class no class Guitar (Beg. & Inter.) 10 30 Holiday Ceramics no class no class Kardio Kick 10 80 Karate 36 252 Latin Dance (Beg. & Inter.) 20 20 Pilates 12 48 Tai Chi 13 69 Tennis (Child Beg. & Inter.) 8 64 Tennis (Adults) 1 8 Upholstery 5 10 Yoga 4 28 TOTAL 205 947 Classes at Other Facilities # Registered Total Attendance Siemon Park Tennis (Child) 8 64 Tennis (Adult) 2 16 All Star Dance Studio Dance & Gym (4 - 5) 2 6 American Academy of Gymnastics Gymnastics (3 - 5) no class no class Gymnastics (K - 6yrs) no class no class Creative Pursuits Knitting and Crocheting no class no class Bead Connection Jewelry Making-Beading no class no class Corp Yard Lunch Room Cartooning no class no class Helfrich's Jewelry Creations Jewelry Creations no class no class My Children's Fitness Center Mommy & Me (Tiny Tykes) no class no class Mommy & Me (Waddlers) 1 8 TOTAL 13 94 Attendance Silver Creek Center: Rentals ......................................... 125 Classes ........................................ 947 Registrations Taken: 97 After School Program ................488 # of Guests Served:. 184 Election Polling-Place ................ 1,500 (The # of Guests served does not include registration) TOTAL .................... 3,060 7:59 AM 12/3/2004 C:\DOCUMEMXsforsyth\LOCALS-l\Temp\TerriNovember2004Report.doc Created by Telison B A K E R S F I E L D Department of Recreation and Parks Date: November 2, 2004 To: Allen Abe, Assistant Director From: Linda McVicker, Recreation Supervisor Subject: Monthly Report for November ADULT SOFTBALL The Fall Softball League has 84 teams. There are 60 men's teams and 24 co- recreational teams. We have 29 more teams registered this year than we had last year. · During the fall season we play 42 games per week. With both players and spectators we have an average of 2,520 partiCipants per week. Over 50 games had to be rescheduled due to weather and field flooding. · The Fall League began on September 13 and will end on December 9. · We are ordering T-Shirts and trophies for the winners. UP-COMING PROGRAMS · We will begin a Pee Wee sports program in February and in March. One will be held at Silver Creek Park and the other will be held at Jastro Park. · I am working on an agreement with KGET. They would like to advertise in our brochure and they will give us some air time. · We are getting started on various aspects of the summer brochure including a new map, advertisement, and design. · A letter is being sent to all past participants regarding our new on line registration. They will also receive information on our upcoming activities. C:\DOC UME.~i \sforsyt h'~LOCALS ~ I \Temp\Nove~,~ber2004,doc LMC  RECEIVED___ B A K E R $ F I E L D DEC 30Zoo4 M EM O R A ND U M C~TY ~^~..'s Alan Tandy, City Manager TO: FROM: Jack HardistY, Development Serv DATE: December 29, 2004 / SUBJECT: Re: Montgomery World Plaza - 3201 F Street Referral # 1001 Councilmember Benham requested staff identify strategies to more effectively enforce commercial requirements at Montgomery World Plaza. Code Enforcement responded by sending a letter to the owners of Montgomery World Plaza. (see attachment). 'B.A K E R S F I E L D Building Department Jack Leonard o Building Director December 29, 2004 Montgomery Holding LP PO Box 811490 Los Angeles, CA 90081 Re: Montgomery World Plaza - 3201 F Street Dear Sir: It has come to our attention that violations exist on your property and events are being held without proper permits. The following illegal violations need to be removed or corrected. 1. Special events without permits a) Concerts' b) Car Shows 2. Illegal signs a) No sign permits b) Signs placed in the city right-of-way c) Non-permitted signs 3. Continuous noise violations Any further continuous noise violations will result in current sound permits being revoked and any future sound permits denied. A misdemeanor citation or fine will be imposed. Please contact Shane Denton 326-3194 to discuss any questions you may have concerning this matter. Code Enforcement Officer E-13 Code Enforcement City of Bakersfield · Development Services · 1715 Chester Avenue Bakersfield, California o 93301 (661) 326-3720 o Fax (661) 325-0266 B A K E R S F I E L D OFFICE OF THE CITY 'MANAGER MEMORANDUM December 27, 2004 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~ ~ SUBJECT: League of California Cities Membership (Council Referral #001013) Membership in the League of California Cities brings to the City benefits which include advocacy, information, networking, education and resources. There would be tremendous 'losses in each of these areas, in both breadth and depth, if the City of Bakersfield did not belong to the League. Simply put, the League of California. Cities provides information to cities which do not have the ability to spend tremendous amounts of time and money on 'finding it out for themselves or hiring lobbyists to do so on their behalves. The League provides legislative and legal insight which is not easily obtained from other sources. It provides cities (elected leaders and employees) with critical information in a timely manner so that they can act to protect themselves against threats to their community health and livelihood, take advantage of opportunities that may arise, and make informed decisions on issues of importance to their constituents. The League provides written, oral, and on-line information on topics on just about anything you can think of that relates to cities. The League Library has a wealth of information that has taken years to accumulate that would be unavailable to non-League members. The numerous "list services" that the League has for its members have saved the 'City hundreds of hours in staff research time simply because the City's employees can connect with other cities almost instantly on topics ranging all the way from wastewater to fire and police to redevelopment to planning. Other cities can respond quickly and easily to the City's surveys or questions (simple e-mail responses), which saves endless hours of City of Bakersfield employees' time writing or calling other cities and waiting for mail or verbal responses. The League serves as a broad based lobbying organization for cities on issues of importance to most cities. Although the League may not have the same stance as the City of Bakersfield or other cities on every issue, it provides much of the information that allows individual cities to Alan Tandy, City Manager League of California Cities Page 2 of 3 make informed judgments on issues of importance. It does not replace the City's judgment, bUt it does provide the City with information it needs to make its decisions informed ones. The League's Priority Focus weekly newsletter provides timely and current information on "hot" topics. However, even more important are contacts with League staff which provide invaluable information on topics which may not be on the radar screen for most cities but are for yours. Information provided by the League is especially important during times of budget crisis and fiscal downturns, but it is also important during "normal" times as well. The League provides statewide information on all cities, including the City of Bakersfield, which the City and others may not yet have or which may not be available to them at all. It also lets the City know where it stands in relation to other cities in the State and provides a statewide macrocosmic view rather than a local microcosmic one. In addition, the League commonly provides draft letters cities can send to Legislators to let them know how cities feel on different issues (so that-cities don't have to "reinvent the wheel" on each topic). It also provides a conduit to those who are on the "inside track" on various issues as League staff have access to those who will ultimately be determining the outcomes on issues of importance to cities. Education is an important aspect of the League's assistance to the City. The League provides professional training and is often in the best position to provide up to the minute information on legislative as well as legal issues and provides staff training for new laws and necessary certifications. The most visible seminars put on by the League are, of course, the Annual Conference and the Mayor and Council's Forum. Much less visible, but just as important, however, are those seminars, conferences, and classes put on by the League for City staff. League departments sponsor annual conferences for city managers, city attorneys, city clerks, police and fire, and public works on the latest issues in their areas of expertise. Some of these meetings earn certification credit for employees who need to keep their skills up to date or to advance to the next level in their chosen professions. Some simply provide information which can be taken back home for dissemination to others for action or information. The ability to tap in to this resource is very important in the smooth functioning of City departments and in keeping employees up to date on critical issues. Advocacy is an important aspect of League service to cities. Most cities do not have the ability to have their own lobbyists. Belonging to the League gives the City a say in which direction the League, and consequently other cities, needs to move. The League is a known player in State politics (as is the California State Association of Counties). It has a place at the table; something cities have fought long and hard to get. The League, working in conjunction with others, placed Proposition 65 on the ballot. And, however much the City may believe that the drive for Prop. 65 should not have been dropped in favor of Prop. lA, the fact is that the 'League was able to get it there in the first place. This is a major step forward for cities as the State has over the years continued to intrude into cities' abilities to provide service to their constituents. Participation in the League also provides networking opportunities not only for elected officials but also for city staff. Knowing how a project worked (or how it didn't) in another city can help Alan Tandy, City Manager League of California Cities Page 3 of 3 the new city know how best to move forward with its efforts without having to duplicate efforts previously done elsewhere. The League provides cities with helpful, competent and professional staff who~e goals are to provide assistance to cities in advocacy, in education, in networking, in information, and in resources. This year's League dues are in the area of $39,000. For that amount, the City has access to a team of professionals who have up-to-date knowledge on legislative and legal issues of major and minor importance to cities throughout California. It has access to on-line general and survey information from member cities throughout the State. It provides training for elected leaders and employees and serves as the advocacy arm for cities at the State level. It is an efficient and effective use of City funds to keep the City of Bakersfield informed on issues of importance not only at budget time but throughout the year. In today's climate, it is critical to stay abreast of latest developments within the State to ensure the City is not left unaware of both looming threats as well as opportunities to be found. City of Bakersfield staff members are well accustomed to rolling with the punches and if this very important resource were removed from the City's grasp, they would adapt. However, there would be costs and opportunities lost in finding new ways of keeping abreast of the latest issues, seeking other avenues for training and networking, and missing the opportunity to have a voice in the only statewide city organization that has a place at the State table. It should be noted that City officials and employees could still attend League conferences but at approximately $100 more per conference. Although the $39,000 "savings" from not paying the League dues might buy the services of a Sacramento lobbyist for a short period of time, the City would lose most of its other current connections, including its affiliation with the South San Joaquin Division of the League. Alternatives to the resources provided by the League would eventually be found but at a loss the City of Bakersfield can hardly afford at this point in both time and money. I strongly encourage the City of Bakersfield to retain its connection to the League of California Cities, both in renewing its dues and becoming even more closely associated through active participation on League committees, departments, and regional divisions. Written information provided by the League is attached~ P:\M0412701 -League Attachment *::':-'::: We believe: 4;~-~,';~' Our'st're..ngth !les in the ,:?..,;;/' In the' nvo vement of a stakeholders in'{ ?~..~.. ~.. In co~du, ctJng the business of . .;~'.; .~ . ........... ~ ,~.~=:..~ ~.~:.. .... .- ~' Cities are gital to the stmnCh ,.o.~ 1~ ~ . I! .3r~n~' ~n0n3 ~,. ..... .~: .-_' ... :: ,/.~i-,-.- ' *" 'Tho vitalit~ of cities-is d$~0ndefit.tip~fi, th~i;'fi~i ~i~il~ iind I~(~0n~y.~ "~'?:'~ · ' i The a~iYe participation of all c~ ~fficials incroa~0s tho League's e~ht~ness. '. ~ ~ .?~ } ~.. .... F~used'a~ ~d lobbying ~S'~t'e~v~ ~o~gh pa~emhip~ a~d Well-inbrmedci~ officials me~ responsive, ~sion~ leademhip, ~d efle~ve and '.' ..... .~ -'. *'"'~' ':.¢ ' *. " .- ,. * '-" '*?; _..? .':.'.' . . ' '-' ?:..-. '- -:2-.; * ' : * -.'" *'" . .-... :{~.:*.: '~:- :~'~ %'! '.,' ~: ' . .";;. :.... . -; ..' ..;".; .-. ..._,..; For more inf0rmation abou~ the'League, visit m. cacitle~.org o[ call (g10)6S8-8200. To order more copies of this publication,*~ll (gl0) 658-8257 or viiit ~.cacities.orCst0r62 ' :t'5~::~4~0' The League wishes to acknowledge P0ter Defiler, staff ~onsultant, 'senate Local Commi~ee, and Randy Pester, staff c0hsUitant~ Senaie E~vironme~tal~ Ouali~'~o~m(fi~';' ~h0 .~. reviewed an draft of this NG Deadlines, Procedures and Common Terms The Legislative Process in a Nutshell ............................................. 2 Gritical Steps in the Legislative Process ......................................... 8 What To Expect When Testifying ..................................................... 4 DOs and DON'Ts of Testifying 4 What City Officials Can Do To Help 5 Tips for Writing an Effective Letter .................................................. 6 Legislative Deadlines ...................................................................... 6 What an Effective Lo~bbying Letter Looks Like ................................ 7 The Importance .of Timing and Tracking Legislative Developments .......................................... ' 8 Special Sessions ............................................................................. 9 Understanding the State Budget Dance .......................................... 9 Talking the Talk: A Glossary .......................................................... 12 IndeX of Glossary Terms ................................................................ 17 N.avig ati. n,g t he Leg,.i s.l ati.ve P' rocess · This publication summarizes the legisla- T ~housands of bills are introduced in the California Legisla- tive process, key legislative terms and legislative deadlines to help city officials ture every year. Some pass, some are amended, some stall understand the terminology used in the League's Priority Focus and to prepare for and some are defeated, sOme are signed .into law by the governor, testifying in Sacramento. Key words and phrases are italicized and defined in "Talking the Talk: A Glossary" and others are vetoed bythe governor. While the legislative onpagel2. process remains someWhat of a mystery -- even to those who The Legislative Process In a Nutshell routinely work with the Legislature -- it is often a complete This year, cities willbepursuinganumber of opportunities in the Legislature. The ba- mystery to those who are rarely involved with the process. This is sic legislative processis simple -- in theory. In practice, however, it is complicated by subtleties and rituals not apparept to the compounded by jargon such as "two-year bill, .... reconsideration" casual observer. What follows is a short de- scription of the basic legislative process. and "Leg Counsel deadline." (See also "Critical Steps in the Legislative Process," opposite.) A bill is legislation that a state senator or Assembly member presents for consideration by the entire Legislature. If it is passed by both houses, the bill is sent to the governor. If the governor signs the bill, it becomes law.. The idea for a bill can come from a citi- zen, a city, an interest group or directly from the legislator. If the legislator does not origi- nate the idea, then the individual or group with the idea (known as the sponsor) searches for a legislator who agrees to be the author. The idea is drafted in legal, legislative bill form by the Legislative ("Leg") Counsel and ......... ~ introduced to the Legislature by the author. All ·bills are sent to legislative committees for review and analysis. The bill must be in ~ print for 30 days before it can be heard in / its first committee. It is put on the agenda t and heard, or discussed, in a policy com- mittee (for example, the Assembly Local Government Committee or Senate Natural Resources Committee) and, if it is afiscal continued on page 4 2 LEAGUE OF CALIFORNIA CITIES Legislator introduces Legislator gets bill and bill is given Bill heard in policy Bill heard in fiscal idea for bill and a number of committee of house committee of house Floor vote on bill in house of origin of origin of origin bill is drafted AB__.or SB House of origin · If second house concurs amends bill, it returns Bill heard in fiscal Bill heard in policy · ' to house of origin Floor vote on bill in for concurrence on second house committee of committee of second house second house House of origin .. those amendments doesn't concur Two-house - A conference committee I~1 Bill becomes . resolves differences law and both houses adopt Governor signs committee's report the bill or Takes no action Governor's veto can O be overturned if Legislature votes Vetoes to override by a the bill two-thirds vote within 60 days For a bill to pass a legislative commit- O If a bill does not have fiscal implica- O M°st bills need an "aye' v°te °f the tee, it must receive an "aye" vote from tions for state or local government, it majority of the membem of a house to a majority of the members of the full bypasses the fiscal committee and pass -- 41 Assembly members or 21 committee, not just those present and goes directly to the floor of the house senators. Urgency bills orbifis requiring · voting on the bill. for a vote. appropriatiousneed atwo-thirdsvote-- 54 Assembly members or 27 senators. O The fiscalcommittee is the Appropria- O Article 4, section 10 of the state Con- O After.the governor signs the bill, itgoes tions Committee of the Assembly or stitution generally gives the governor to the secretary of state, where it is the Senate. 30 days to act on a bill sent to him at given a chapter number (e.g., Chapter the end ofalegislative session, and 12 123, Statutes of 1987). Urgency bills days to act on bilis sent to him at any take effect immediately, others take other time. If he does not sign the bill, effect January 1 after signature. and does not veto the bill, it becomes law without signature. 3 NAVIGATING THE LEGISLATIVE PRocEss N The Legislative Process in a Nutshell, continued from page 2 '~ bill, in either the Assembly or Senate Ap- ~ bill on their cities or present technical propriations Committee. information. This is especially effective on A bin may be amended at almost any time Testifying before a legislative controversial bills if the city witnesses are during the legislative process, provided the committee can be intimidating from cities within the districts of members on the committee. City officials who testify appropriate procedures for amending abin are for anyone, city official or should be aware, however, of the basic guide- fo]lowed. During committee hearings, lobby- lobbyist, regardless of how ists representing groups who support or op- lines for testifying (see below). pose a bin testify before the committee mem- often he or she appears before Let's be honest. Testifying before a legisla- hers. Individual citizens may also testify, al- a committee, tive committee can be intimidating for though this happens infrequently. More likely, anyone, city official or lobbyist, regardless of lobbyists bring individuals from their interest ~t how often he or she appears before a corn- groups to testify. Legislative committees gan- mit-tee. What follows are some tips to assist erally hear testimony from a bill's author and If the bill is passed by both houses of the city officials when they come to Sacramento supporters first, and then from the opposition. Legislature, it is sent to the governor's desk. to testify, at the request of the League or on If the bin has not been killed in a commit- The governor can veto the bill or sign it. their own. tee, it is debated and voted upon on thefloor Once it is signed by the governor, the bill If you have come to testify, you should of the house of origin (either the Senate or becomes law. A bin can also become law go to the table at the front of the room to the Assembly). It then moves over to the sec- without the governor's signature (see 'chart sit with the side you represent. If you are ond house, where the process is repeated, on page 3). late to a hearing and have missed appear- If the bill is amended in the second house, lng with your colleagues to testify, wait it must return to the house of origin for a What To £xpect When Testih/inQ until all those present have testified. Then vote to ensure that the originating house City officials can be effective in testifying on simply state your name, position and your concurs with the amendments made in the behalf of the League because they can dis- wish to go on record in support of, or op- second house, cuss the "real world" impacts of a particular position to, the bill. Unless you have the DO: can just as easily dissuade a member as ~/ou Senator Smith, I disagree with your can persuade him or her. Legislators have ment. From my perspective, the issue in- - Expect to walt. It is nearly impossible to been known to react predictably to witnesses volves "It is also okay to argue points know exactly when your bill will be heard who insult them. Occasionally one hears a law (it helps if you are a lawyer) ¢ in committee. Remember, the commit- tee may have as few as five or as many member say, "You know, I was prepared to issues, if you have the expertise t° back up as 50 or 200 bills on its agenda. Be vote for this bill, But I am so offended by M~'. your position. flexible and don't cut the time too close if Smith's testimony that I am going to,,..vote · Besmart. lf there has been a long line ofwit-' you have a plane to catch, . ~ .... against it." .'..;~,.~ .C~ nesses who have covered all the · Coordinate with whoever is organiz- · If your assembly member or senator Is a had member of the committee, let him or her "My name is Fred Jones, ~r°m lng the testimony (League staff or otb- know that you are there. You can either make the interest of time, ers) to determine in which order you - to talk with him or her'j{~st speakers have said. I supP°rYoppos'e .AB., ~123.." an appointment ·willlntroduceteStify,yourself when you testify: before the hearing, drop by his Or her office in . · Be prepared to Just say your name and sit send your card to him or he~ ~ur- down. Occasionally, due to time i' . ' ' :"~ advance or "Madame chair and members, am Jane lng the hearing before your bill is presenied, committees are not able Doe, the mayor of the C!ty of AnYW.~r~._." ..... ' ' - Even if you are Only able to send up yo~ir.'~..'..rdl , all witnesses whO wish to speak. State position your at i-,'suppo~.[1 ~.the beginnlng:o~,,_~.!.~ ' let them know ~,ou are there, fdrwhich billan~ ' native hov;/~eVe~,'the~, do Permit am here. to speak ' ' ~: -~-'~,~ on the his or her office · Be brief and concise. State the reasons' an appointment ahead of time..; , spent all morning local examples. Be the sure you provide is accurate'. If, ' Be prepared .to answer ~X~.~lle'~t .. outs, a technical .. Serves ~' And ask that he ..... .~ -, you are LE^CUE O~ C~LI~OSN~ CITIES approval of the author or sponsor, do not committeepr/ortothehearing. A letter that The senator came Off the floor and dis- present lengthy testimony, arrives a week after the vote is ineffec- cussed the merits of the bill with the lob- Although the list of pointers below is not tive. Once your city has established a po- byist, who asked for an "aye' vote. The exhaustive, it provides some useful guide- sition on a bill, be sure to send letters as senator replied that she had not heard from lines for effective participation, the bill moves through the process. (Keep any of her cities on the bill and appeared track of the bill's progress in the League's disinclined to support the bill. Because the What City Officials Priority FOCUS.) By sending letters to each lobbyist had reviewed the League's file on Can Do To HeJp committee that will hear the bill, your city the bill, sl~e was able to inform the senator · will be listed in each committee's analy- which cities in her district supported the The importance of participation by cities sis of the bill. Don't forget to send copies . bill. When the call was lifted, the senator and city officials in the legislative process of your letters to the League's Sacramento voted for the bill. (This true story illustrates cannot be overemphasized. You can -- and office. (See "Tips For Writing an Effective the importance of writing letters:) do -- make a difference. Here's what you Letter" on page 6.) Make sure you are es- can do to participate in the legislative pro- pecially responsive to Action Alerts from ~ cess, help your city and help the League: the League, sent through e-mail or found on the League website. - The idea of sending a letter is to ' 1. Be sure your city estabUshes a process to review and respond to the League's 3. If your legislator sits on the specific let your legislator (and others) weekly Priority Focus, which is distrib- committee in whiCh an important bill know your city's .position. uted electronically to subscribers each is being heard, be sure your city has Friday when the Legislature is in session, sent a letter. Legislators do listen to their 2. Respond to requests in Priority Focus constituents. Several years ago, a League 4. Talk to your legislators when they are tO write "support" or "oppose" letters lobbyist was lobbying a bill that was on ca// in the district. Invite them to city hall, in a timely manner. Be sure the letters on the Senate floor. The lobbyist sent in a to attend a council meeting, or to a are received by the bill's author and the card to one senator who had not yet voted, continued · Take guidance from the League lobbyist · Check with the League lobbyist after the' · Argue unnecessarily or inapproprla~t~:~ .... . ', who is there. If the League has asked you to vote. If a bill is on call, you may be needed to While a give-and-take dialogue with a come and testify, you will be briefed priOr 4o assist in securing a member's vote. " bar is acceptable a shouting match the hearing. If you are at the Capitol on your · Remember that policy committees discuss Several yearn ago at a very tense hearing own, but need some information, feel free to the policy Implications and fiscal commit- on smoking and tobacco control, ask a League staff member any questions you tees discuss the fiscal Implications of a in the back of a packed hearing r°°~'~ have about the process, bill. In a fiscal committee, avoid discussing sponded oudly arid insultingly to a' ~l~l'~!i · Remember that, in some cases, it's best only the policy aspects of a bill, and include ment made by the committee chair. The'!~:;t to keep qulet. Several years ago at a Senate testimony from a fiscal perspective, lfyoustray chair was clearly upset to say the Local Government Committee hearing, sev- too far afield, a fiscal committee member may He asked wh(~ h~.d made the'remark<~, ~ emi city speakers were present for a bill the remind you,* "'l'his committee does not ca~'e' the person stood Up and iden;diie~l hi~ League was co-sponsoring. Halfway throt~gh about the policy implications. We are here to The lobbyist fo'r the sPor~sor of the hearing, it became clear that any waver- evaluate the fiscal impacts." cringed, because 20 minutes later th~s :~ lng committee members were finally con- · Enjoy yourself. Remember, you are partici- same person vinced of the bill's merits and would vote"aye.", pating in the democratic process. ., , ,. ;~. testify as a witness. : Unfortunately, one city speaker insisted 0n re. · Insist on glvlng lengthy teetimony sponding to comments from the opposi~i0hi' '..~' - DON'T: '-~-'¥--- -.~ ....,...:, ~-~ Is short. You'll onl~ when such action could 'haVe hurt th~'l~ill;~' ' * Read your testimony. Nothing turns off 'a · stray from the prepam~.S?pb Chances. Luckily, the commiffee'chai~r ~r~u~. ~'' '~-..'"~mmittee like a witness reading a lengt~; witnesses have a the hearing to a conclusion and 'a vote;t~'~f~.~~ ' ~ prePs, red speech. Notes ~.~e Okay, I~u'{"~l~)t' '-. content ..... any damage cou d be do~e :-.'. ' ~"*~"~.~?'~.; ' ' read ~ it can be deadly. If you have detailed,; ,-. :~;' change directi~ unies~ · Be thoughtfully assertive, but use y technk~,~l'i~0ir~{i~"t0"~are 'W, ith'the"~'~:~!:''' with il~e"0t~n'e[.s; i. · "Judgment. Theremayb~i~St~-~'s'Wl~6~ mittee, ;Get up and should ig'no'~'e th~ "do's '~ *and : a different's ...... -, · Be rude. It does~¥t he your cause NAVIGATING THE LEGISLATIVE PROCESS What City Officials Can Do To Help, continued briefing with city staff and other council Tips for Writing the 5,000-6,000 .bills introduced in any members. The League will be happY to An. Effective Letter given two-year session, significantly provide you with background information If Your city is taking the time to write a "sup- more than 1,000 have some sort of local you can use to prepare for such a meeting, port" or "oppose" letter on a bill, consider the government impact. Due to the local ~ov- 5. If you are coming to Sacramento to following tips to make your letter writing cam- ernment implications, the League tracks testify or attend a League event, take palgn as effective as possible. (Page 7 shows all of these bills, but does not take a po- the opportunity to make an appoint- a sample of an effective lobbying letter.) sition on each of them. However, the League identifies high-priority bills and merit to meet with your legislator~. 1. Always indicate the bill number and focuses active lobbying on key strategic Let them know youare interested in and the city's position at the top of the issues. A list of priority issues and "hot" aware of their positions on bills. Talk to letter. This can be placed just above the bills is available on the League website them about your city's -- and the salutation, or typed next to the at www. cacities.org. League's -- priority issues. Often, out of legislator's address: Never bury the: ref- respect for a fellow elected official, leg- erence to the bill number and the action 6. Be sure to send follow-up letters to islators will give priority to meeting with you want the legis!ator to take in the body the appropriate legislative commit- a city official, when they won't otherwise of the letter. A letter that doesn't include tees as a bill moves along. You can of- meet with League staff or other lobbyists, this information at the top will not have ten use .your original letter with some the intended effect and may be misinter- modifications. 6. If you are lobbying your legislator about a specific .bill, try to get a eom- preted. Therefore, you must make it easy 7. If your legislator sits on a committee mitment from him or her. If you do, for the recipient to immediately identify that will hear the bill, or is the author notify ~he Le~ague. We are always counting the bill number and your city's position, of the bill, it is especially important votes, and this information will help. 2. Limit your letter to only one bill. Leg- that your city go on record about the islators file letters according to the bill bill. Legislators do take their constituents' 7. Work in coalitions. Work with other cit- number. If you write a letter to inform views seriously. It is no exaggeration that, ies, your business community, schools him or her about your position on three in some offices, letters on bills received and citizens' groups -- anyone who you. think will be effective in convincing leg- bills, there is no telling in which file your from individuals, businesses or cities letter will actually be placed. Three sepa- within the legislator's district are placed islators of yOur position, rate letters g~arantee your positions will in the bill .file, while letters received from 8. Work with your League regional rep- be properly noted, sources outside the district are placed in resentative. The League's regional the circular file. representative program is designed to 3. Be brief and fartuaL State your city's help organize and mobilize cities at the position and then describe the impacts 8. Read the League's Priority Focus to grassroots 1.evel. Get to know your area's of the bill on your city. Cite "real world" make sure the bill hasn't been signifi- regional rep. Participate in the meetings, implications, especially as they relate to cantly amended. If the League indicates Capitol lobbying days and coalitions cost or finance issues. Legislators like to that the bill has been significantly know how specific bills affect cities in amended and requests review and com- organized by the League, your city lead- their districts, ment by cities, wait to send another "sup- ership and your regional rep. Information port" or "oppose" letter until your city has · about the regional representative pro- 4. If the mayor or a council member is conducted that internal review. Be sure gram and how to contact your regional signing the letter, and he or she knows to also notify the League about Y9ur city's rep is available on the League website at the legislator, consider adding a per- comments on the amendments by send- www. cacities.org, sonal note to the letter, lng them a copy of your letter. ~ 5. Don't worry about writing letters on too many bills. Some cities are con- Legislative Deadlines If the League indicates that cerned about taking too many positions, Each legislative session spans two years, the bill has been significantly because they want their legislators to beginning in an odd-numbered year and amended and requests review know when they are "really serious." ending in an even-numbered year. For ex- and comment .by cities, wait to While this concept may have some merit, ample in January 2002, the Legislature send another "support" or it is not possible to write too many let- began the second yea.r of its two-year ses- ters. Similarly, some city officials think sion, which ran from 2001-02. January "oppose" letter until your city the League should not take positions on 2003 marked the beginning of the session has cOnducted that. all bills that affect city government-- and that spans 2003-04. ' ' internal review, should instead reserve its involvement Each year includes many important legis- for only.the dozen or so "really big" bills, lative deadlines. It is critical for city officials ~ This simply is not possible, because of conti'nued on page 8 6 LEAGUE OF CALIFORNIA CITIES N City of Anywhere P.O. Box 123 Anywhere, CA 90000 April 2, 2003 Assembly Member Susan Jones California State Assembly State Capitol, Room 2344 Sacramento, 'CA 95814 RE: AB 1357 (Jones). Landfill Landscaping. NOTICE OF CITY OPPOSITION Dear Assembly Member Jones: I am writing on behalf of the City Council of the City of Anywhere to respectfully oppose AB 1357 (Jones). AB 1357 would require that landfills and solid waste transfer stations be landscaped so that they cannot be seen from the air at an altitude of 2,000 feet and that the landscaping be completed and the facility be in compliance within 120 days of the bill's enactment. The City of Anywhere opposes AB 1357 for several reasons. First, the landscaping requirement will be extremely costly, both to the city as the landfill operator and to the citizens served by the landfill. We estimate that the cost to landscape our existing landfill and the two transfer stations operated by Acme Disposal will be about $300,000. This does not include the 'mmual operating and maintenance costs associated with the requirement. Second, even if we were able to afford the cost, it would not be possible for the facilities to be in compliance within 120 days. Our Parks and Recreation Department pemonnel have been unable to identify any permanent vegetation that grows quickly enough to meet this deadline. Third, we believe that the landscaping requirement is unrealistic. The closest commercial airport to Anywhere is 150 miles away, and the closest general aviation airport is 70 miles away. We estimate that no more than three flights per day cross our air space and, because much of the year we are covered-by clouds, we question the ad- visability of the legislation. We believe that the decision of whether or not to landscape a landfill should be left to the local authorities and should be based upon local conditions. For example, in many instances it would be a wiser use of limited re- sources to landscape the facility with automobile, not air, traffic in mind. 'For these reasons, the City of Anywhere opposes AB 1357. Please feel free to call Joe Barnes, who follows legis- lative issues for the city, if you would like more details about Anywhere's position. His number is (000)123-4567. Sincerely, Janet Gotvotes Mayor, City of Anywhere cc: Members and Consultant, Assembly Natural Resources Committee Assembly Member Mary Smith League of California Cities Legislative Deadlines, continued fivm page to become familiar with these deadlines as eel so that the bill can be written in proper month afterthe Leg Counsel deadline. How- ' they work through the legislative process for legal and legislative form, and the date by ever, by the date of the Leg Counsel dead- a particular bill or bills. The passage or de- Which ~ bill must be introduced. Both of line, there are usually very few sponsors (in- feat of a bill may depend upon whether it these dates are interrelated, since without terest groups who wish to have a bill intro-· meets one or more deadlines, proper Leg Counsel language, a legislator duced) who have already secured the agree-' For example, if a bill does not pass afiscal cannot introduce a bill. ment of a legislator to be the author. There- committee by a specific date, it has stalled, fore, lobbyists who plan ahead will ask a If'this occurs in the first year of the session, ~ friendly legislative staff person to submit it becomes a two-year bill. In the first year, language to Leg Counsel prior to the dead- almost any bill becomes a two-year bill if it Generally.the same dates line so that they will have official language does not pass a specific deadline. However, apply to both the Senate and that later can be introduced by the deadline. When the author is secured, the Leg Coun- a two-year bill that misses the house of ori- Assembly. Occasionally, one , eel language is modified to include the g~n deadline is dead for the two-year sea- or both houses will extend a sion, as ~alled for in the California Consti- author's name. tution. With this exception, however, it is ' deadline (e.g., the policy The legislative calendar has key dates of important to remember that Senate and As- committee deadline) to importance to city officials. Generally the sembly procedural rules establis, hing these accommodate the large volume same dates apply to both the Senate and As- deadlines can be waived by the Rules Com- of bills that must be heard sembly. Occasionally, one or both houses mittee and/or the relevant house, and the will extend a deadline (e.g., thepolicy corn- previously stalled bill can regain life (see in the kegislature's mittee deadline) to accommodate the large "gut and amend" and "rule waiver" entries ' standing committees, volume of bills that must be heard in the in the glossary, pages 15 and 14). Legislature's standing committees. This is In addition, at the beginning of each year ~ never a certainty, however. Deadlines can of the session, certain deadlines must be be waived if the bill receives the appropri- met before a bill can introduced in the Leg- If you look at the legislative schedule in- ate rule waiver. islature. These include deadlines to sub- serted in this publication, you will see that mit language to Legislative ("Leg") Coun- the deadline to introduce bills is about one Understanding the legislative calendar is cluded as an insert in this publication. The ing valuable information On League a key element of every successful legist:' calendar is also posted in the Legislative' and events, and supporting cit~ lative effort. It's critical to take into account Advocacy area of the League website at vocacy efforts. Legislative t .m. ck)'ng the legislative deadlines for important dates www. cacities.org. - ~ f ~ . vocacy tools provide an online resource ,n each sees,on, such as: .... '~"~:"~'/;" About Priority Foc's' ':.' '." ??!:~'~:i!;:': where you can:" · The last day to introduce biils~ ".'~:;?iii~'~i?~. The League's weekly newsletter, P;i°~d~ ~- 'J · Review the text of a bili · The last day for policy committees to ... cue, is an important source of information '~ find out when it's scheduled hear, and pass to fiscal c'0m~i~t'e~''- on priority bills and issues of interest, to. the . and track your Jag fiscal bills ntroduced in the r hdu$~!?;.~..- cty off c a s, the media and 0theWs inter- · Identify priority bills that · ' '" ' ' ~":"~"~':: :' '" ' ' ': " .... is tracking;' ;.. i The last day for fiscal committees to :'~ ,.,:-. ested n fo Iow ng League act~wties. It ~s de- pass to the floor bills introduced in their' .j: livered to subscribers electronically ,every .: · See letters sent by th~ League house · ..... :.'. i-:':~';~.,'::;:~]~..,: 'Frid ~ty when the Legi~latur~ 'i~ 'iri' -~es~i~r~':.'-~:..: .... ' ..... a~ The last da~, for bills to and most Fridays during legislative breaks.';~ for .. -,., .house of origin; · view important · The last day for eai:h electronic subscription service is write and Sehd online lett~ ~ -bills ~ available on a · ,ie'w~6siie: :--Veto bill&:": ..,s~ · ..-.:-..-.,, ~-:,, ,Leag~ · . WhereTo Find ?.~A' LEAGUE OF CALIFORNIA CITIES Special Sessions The California Constitution gives the governor the sole authority to convene the Legislature for an extraordinary or special session to address specific topics. The Legislature may only act on those subjects specified in the proclamation issued by the governor when he calls the special session. Formally called an "extraordinary ~ession" but more commonly referred to as a "spe- cial session," special sessions historically have addressed such topics as the energy crisis, earthquake relief and response and, most recently, the budget crisis. The gov- ernor may also expand an existing special session by issuing a proclamation. Bills introduced in a special session do not need to meet ,the same deadlines as those introduced in the regular session. Capitol Park in Sacramento is popular with squirrels as well as legislators, lobbyists and locally elected officials. Bills introduced in a special session do not need to meet the same deadlines as the ninety-first day after the special seN- Understanding the those introduced in the regular session, sion has been adjourned by both houses State Budget Dance For example, a special session bill does of the Legislature. Local officials need to understand the not need to be in print for 30 days prior Special session bills are commonly re- being heard in a committee. Similarly, little ferred to as "AB 123X" for the first extraor- budget process so they can effectively ad- vocate for their city on fiscal issues. The public notice is required before a bill is dinary session (that is to say, "Assembly heard in committee, in contrast to the four- Bill One-Two-Three X"). In 2001, the gev- following provides a general overview of the day file notice required for regular session ernor actually called two special sessions, highlights of the 'budget process, which some call the "budget dance." bills. While the governor isthe individual which ran sequentially, to address the en- authorized to call a special session, both ergy crisis. In that situation, bills intro- ~t houses of the Legislature must vote to ad- duced in the second special session were journ a special session. Some special seN- referred to as "AB 123XX" or "Assembly The budget subcommittees sions last a very short time (a week or a Bill One-Two-Three double X." When the are required to act on every month), while others can last more than a first special session was adjourned, bills budget expenditure (even if year. However, the constitutional adjourn- introduced in that session no longer were no changes are proposed). ment deadline of November 30 of the valid. Some bills were reintroduced in the · second year of a legislative session also second special session and some were not. ~ applies to a special session. Thus, a spe- To make the situation even more interest- cial session cannot last beyond Nov. 30 of lng, some reintroduced bills kept the same California's Constitution requires the the second year of a session, numerical number in the second session Legislature to pass a budget by midnight on Special session urgency bills require a as the first (for'example, SB 123X became June 15 to cover state operations for the two-thirds vote for passage. If signed by AB 123XX), while other reintroduced bills next fiscal year. However, in recent years, the governor, such bills go into effect im- received completely different numbers the June 15 deadline has not been met. In mediately upon signature. Non-urgency (for example, AB 456X became AB 24XX). 2002, for example, the deadline extended 67 special session bills, which require a ma- Thus, keeping track of which bill was . days, the longest budget stalemate in Cali- jority vote for passage, go into effect on which presented a challenge, continued 9 NAVIGATING THE LEGISLATIVE PROCESS Understanding the Staie Budget Dance, continued fornia history. Nevertheless, the state's fi. sca] year starts July 1 and runs through June 30 of · " . ~ ' : · · ?' ;:~: '~'~ ':~' "~- ;:"~' :~z~ '" ' :'. ?' ' ,' ~z?'~i ~] the following year, regardless of whether or January 10: ' '/~ ~ , ~':J~ ~ ':. ~ '" j~¥?.~{? ;~' ~ ~-:':~ ~. ?~-~?~..?i~:~~i~ not a budget has been signed by the governor. Deadline for the governor to release proposed budget for next fiscal year:'~?}~: !;'~},~: ?'~ .... ~ ...... '~ ~ ~':: '~~{ Full Debate Begins in January ' ~-.:·'~.~: .~!~'~!! ~! The state Constitution requires the gover- February-March-April: ' ' "-~,~;:~i~~'~ nor to submit a budget for the following their issues are on the hearing agenda by working with subcommittee staff.' ' ': ~" ' :.?:~- ~ fiscal year by January 10. At that time, the :-~,~-~ governor releases four documents that help · ~27 individuals understand the budget recom- May ~4: . . . . .. , · : ~ .. ~.~ ~?~{:ii menda~ions and policy priorities. These in- Deadline for th~ governor to release his revisions :to the proposed budget (the "May ii{i~t clude the Governor's Budget, Governor's ~evise' which takes.into account changes in state revenue due to April ~5 receipt of -:,%~ Budget Summary, Governor's Budget High- personal raceme tax). · . ' ' ' ' '" 'g~:?~l lights, and the Budget Bill (see Glossary, page · · ./ .. ~: ~:~:~ 16, for full definitions). These documents can . ,' :' be.found on the state Department of Finance Budget Conference Committee convenes. Advocates impacted by trailer bill statutes should ::i'~-~ (DOF) website at www. dof. ca~gov. contact committee staff to address changes. . ?,~!:j June 15: ~. !'~i Although the budget process Constitutional deadline for the Legislature to pass the budget for the following fisCal year..~.~ ~Iis complex, it is absolutely clear ' 2~?: t that early and persistent July 1: '~ :i ?'I involvement of city officials in New fiscal year begins and runs through June 30 of the next calendar year. .... :-~~ the process is ·crucial to · ~ protect city interests. State Department of Finance (DOF) asks state departments and agencies to submit their budget requests in September for the next fiscal year. ' ¥~"~' '! Inmaedlately following the release of these · v '- ! documents, the Legislative Analyst's Office Mid-July through August: -¥~;' City officials Who want to influence the budget process should begin talking to the state ~..i. ~ (LAO), the independent research arm of the · · ~' Legislature, starts its formal analyses of the departments and agencies before the September submissions are completed. · ..'i i governor's entire proposal· The resulting documents are available on the LAO website September: ' "~'~ii:.i! atW~W, lao.ca, gov. DOF begins analyzing funding requests and making recommendations to the governor. '~.:~:!?~ ~ The Assembly and Senate Budget Sub- ' ~ ::ii~-~i committee bearings are the next ma~or September through mid-November: '· ~?i t step in the budget'process. The hearings City officials should continue their discussions with state departmental and DOE staff.to..!~..l are a key time when city officials and other ensure their city's needs are included in recommendations to the governor ..... ~'~:~ interested parties can have their views ? ':~!"~i heard. City officials should start by dis- Mid-November: · ......... · ~ ' ~:.:i~ cussing their issues with subcommittee DOF recommendations and d~c~s~on~ become .... :'~;~'~ staff. The budget subcommittees are re- m~re concrete. . .'.~ .: . }~{{' ~ quired to act on every budget expenditure- (even if ne changes are proposed), and the December: ' ' ' subcommittee staff prepares the agendas If midyear adjustments are needed to keep the current fiscal ~,ear budget in balance for the formal hearings. If you want to are typically proposed by the governor in December, and acted upon by the make sure there is a formal public debate that time or early in the following year. ~"!?!;'~: .!.::' ~:':~: ....... " ..... ~-' ~' .................. ~,~ -~ '~ .... on an issue, you must first ensure that it -,- -. -.-~:: -. - . - - ::~- '..-. ~. -~,¥¥ :,~-~ .: .... gets on the subcommittee agenda. . . .. · .... ~::: . ..~ ~.'~' ~,~ %.~ ~= ~: .~ During the budget subcommittee hear- ' ~ ~ :.' · ~ ~ ..... ~: -~-~ ...... ~':~'~"~':~" ~"-'~'~ -~ :'~"~'"'~' ', ~ ings, any member of the public is welcome ~ ·~ · ~ ~., ,~ ~..~ ..... ~.~:~{~. ~ .~... to offer testimony on the impacts of the bud- 10 LEAGUE OF CALIFORNIA CITIES get changes. The administration, repre- like other legislative committees, the Bud- What Goes on Informally sented by various state departments and get Conference Committee does not take A~n informal but very significant part of the agencies, including the DOF, is there to public testimony. A representative from the budget dance that has occurred in the recent make the case for the governor's proposals. LAO attends to provide information and past is the gathering of the "Big Five." This is Representatives from the LAO are also there recommendations, and a representative legislative jargon for the Senate and Assem- to add their perspective. The budget sub- from the DOF is there to present the bly leadership plus the govemor. TheBigFive committees providethe Legislature its first governor's positions, brings together the governor, the senate opportunity to introduce policy and/or president pro tempore, the speaker of the · expenditure changes to the governor's pro- ~ assembly and the minority leaders from both posals. The governor can also make policy houses in an attempt to resolve budget issues changes to the budget before April I by The best way to keep your ci~/'$ and gain concurrence for passage through the submitting changes through documents, interests (and those of the budget process. The gdvernor calls the meet- known as finance letters. League) before the Legislature ings Of the Big Five. Capitol observers and legislative participants differ on when the Round Two Begins in May during the process is to time is ripe and right for the Big Five to meet: May 14 is the deadline, set by statute, by continuously make your case before_ the budget committees have com- which the governor must provide his revi- with your local legislators, pleted their work; during the budget confer- sions to the state budge.t, also known as the ence committee; after the budget has failed "May Revise.' Because the initial budget ~] twice to receive a two-thirds vote; or at some proposals must be finalized by mid-Decem- other time. ber (in order to be printed by Jan. 10), the Under the best circumstances, the Bud- original proposals are based on very early get Conference Committee starts its review What's a City To Do? economic estimates. Because a majority of by June 1 and finishes by June 10 for the Although the budget process is. complex the state revenues are derived from personal final Budget Bill to be heard in the Senate and convoluted and often difficult to pen- income taxes, revenue estimates forthenext and Assembly by the June 15 deadline. How- etrate, it is absolutely clear that early and fiscal year can be projected more accurately ever, like so many other legislative proce- persistent involvement of city officials in the after the April 15 deadline, dupes, theory and reality do not always jibe. process is crucial to'protect city interests. Between April 15 and May 14, the DOF Concurrent with this process, legislative The best way to keep your city's interests provides the governor with revised revenue, staff begin writing the necessary "trailer bill (and those of the League) before the Legis- caseload and Proposition 98 projections language"'on any elements that will neces- lature during the process is to continuously (education spending), and additional recom- sitate a qhange in statute or require policy make your case with your local legislators. mendations as needed, to balance the pro- direction. The budget trailer bills provide the At times, strategic communication with bud- posed budget. The May Revise typically in- road maps to implementing the budget line get subconm~ittee or committee members is corporates revenue and funding changes, itemp. Following and influencing how trailer also important. not changes in policy, bills are written can be an important element Once the May Revise is released, the Sen- in the budget dance. Advocates impacted by ~;] ate and Assembly budget cominittees have the trailer bill statutes should contact com- a very limited time to complete their work. mittee staff to ensure that any concerns they The budget subcommittees meet first to pro- might have are addressed. vide their recommendations to the full Sen- The last part of the formal process is for ate and Assembly budget committees. Each the Senate and Assembly to approve the fi- house's full budget committee then debates nal budget bill and any trailer bills, and to and eventually adopts a version of th~ bud- send the final bills to the governor. Once get for the full house to review and approv6, these are received, the DOF prepares a re- The procedure for reconciling the differ- port for the governor identifying every legis- ences between the Senate and Assembly lative augmentation to the budget with a rec- versions of the budget is theoretically onimendation for action. The governor has simple. Once each house approves its ver- the choice on every budget line-item to ac- sion of.the budget, the bill (known as the cept it as is or veto it. Local officials should budget bill) is sent to the Other house for contact the DOF and the governor directly if non-concurrence. This triggers the forma- there are any items of concern. Once the de- tion of the Budget Conference Committee, cisions have been made, the governor typi- composed of members of both houses and cally signs the budget bill and associated both parties. It is their task to resolve the trailer bills, and concurrently releases a"veto differen6es between the two versions. Un- ~ message" detailing the items vetoed. 11 NAVIGATING THE LEGISLATIVE PROCESS Talking the Talk: A Glossary The terms included in this glossary are com- SpOt bill . reference the year ~n which it was enacted. monly used in the legislative process. To A legislative placeholder. Often, sponsom or AB 123 of 1998 is not the same bill as AB 123 locate a word orphruse, see the index onpage authors know they want to introduce a bill on of 1989. 17, where they are listed alphabetically, a specific topic, but don't have the exact lan- guage. Therefore, they will prepare and intro- Across the desk The physical act of handing .Leg Counsel lan- Bill-related Terms duce what is commonly referred to as a "spot Author bill" to sei~e as a placeholder. Spot bills gen- guage to a Senate or Assembly clerk at the desk in the front of the Senate or Assembly The legislator who is "carrying" the bill and emily are amended before the first commit- who is credited with creating the bill. Although tee hearing, but often the full-blown bill does chamber. This can be done only by a legisla- at times the author may also be the sponsor, it not emerge until much later in the process, tot or staff member. Amendments. are put is very important to distinguish between au- The classic spOt bill is one that amends "that" across the desk, as are newly introduced bills. When a bill is introduced it is immediately thor and sponsor because they play distincfl, y to "which" or adds a comma, although this different roles in a bill's development, practice is less common in recent years. How- given a number. Bill numbers run consecu- ever, a spot bill must make a more substan- tively through the two-year session and start Sponsor tive change to the law than simply changing again at "1" at the beginning of the next two- The organization or individual that requests "~hat' to "which," before it can be referred by year session.. alegislator to author abill. The League spon- the Rules Committee to a policy committee Good bill sors bills, as do other organizations and for a hearing, following its introduction. The A bill that the League likes. Reasons to like a individuals. While a bill also may have 'co- initial chang~ may not be what the author or bill include support for a measure that solves sponsors, the sponsor has the primary sponsor ultimately has in mind for the bill. a problem confronting cities (e.g., regulation responsibility for gathering support, seeing Spot bills are crucial for those sponsoring the of sexually oriented businesses), increases it through the legislativeprocess and mak- bill, but challenging for those tracking bills, city authority over provision of city services lng decisions on amendments. The author, since it is impossible to tell from a spot bill (e.g., regulation of hazardous materials), or however, always has the final say on strat- whether it will be a good bill or a bad bill. increases city revenues. Whether or not the egy, process and amendments. Unbacked bill". League likes a bill is determined by existing Legislative (Leg) Counsel A bill that has been drafted by Leg Counsel League policy and/or the League's policy de- The Legislative Counsel, also known as Leg but has no author identified. An unbacked bill velopment process. (pronounced "ledge") coUnSel, is the Legis- is one that is 'drafted as a placeholder while lature's attorney and his or her staff of attor- the sponsor searc~hes for an author. ~ neys who write bill language. While a lobbyist or legislative staff may prepare preliminary Backed bill- 'A billis never really dead. drafts of language, all proposed bills and Once the sPonsOr'ha~ s?cured an author for Some bills, like cats, have amendments must be written by Leg Counsel the unbaq~d bill, the. draft language is re~ · before they can be put across the desk and turned to Leg Counsel to have the author's niflelives. inserted into the bill. Only legislators or their name officially inc!Uded in the text of the bill. ~] staff may have contact with Leg Counsel. How- Bill number ever, legislative staff may "authorize' a lobby- Bills are given sequential numbers during Bad bill ist to work with Leg Counsel on a bill, espe- the two-year session when they are' intro- A bill that the League dislikes. Reasons to cially if the lobbyist represents the sponsor- dUced-and put'across the desk. When the dislike a bill include objections that the bill. lng organization. Work with Leg Counsel is Leg Counsel vemi0n of a bill is put across pre-empts local land use or regulatory author- protected by attorney-client privilege, the desk, a clerk St~waps a number on the ity, restricts local revenue raising authority or document, thereby/assigning it a bill num- interferes with local home rule authority. ~ ber. Occasionally some authors wai~ to in- Whether ornot the Leaguelikesabillisdeter- troduce a bill with a specific focus until a mined by existing League policy and/or the An urgency measure requires specific number is available. League's policy development process. passage by an affirmative vote Legislation passed in previous years often of two-thirds of both houses to is known by its bill number, rather than the Trailer bill official title or content of the bill. Examples A-bill, almost always used in the budget pro. pass, but needs only a majority are AB 939 (solid waste and recycling), AB 13 cess, which is written in a way that implements. vote to pass a committee. (smoking and ~obacco control), AB 1600 (de- the spending parameters or levels established veloper fees) and AB 2020 (beverage container in a funding bill. A trailer bill can also be used [] recycling). When inquiring about a bill, always for nonbudget issues. 12 LEAGUE OF CALIFORNIA CITIES Urgency measure/bill the author. Other times, however, tombstoning is not sure what will happen to it ("I'll keep A bill that goes into effect immediately upon is appropriate and an indication of the author's you in suspense until I decide"). the governor's signature, rather than on Jan. 1 expertise and longZterm interest in a subject. of the following year. An urgency measure. This type of tombstoning is often included at On call requires passage by an affirmative vote of two- the suggestion of the bill's sponsor as a genu- A waiting place for bills after they have been thirds of both houses to pass, but needs only ine tribute to the author. Tombstoning gener- voted upon in a committee or on the floor. a majority vote to pass a committee, ally is rare. Putting a bill on call is a routine procedure. Often, all membem may not be in a commit- Fiscal bill tee room when a vote is taken and therefore A bill that.has a fiscal impact on the state and Process TerlTl$ the bill is short of passage by one or two votes. must therefore be heard by the Senate and Gi-anted reconsideration At the request of the author, the bill is "placed Assembly fiscal committees. Leg Counsel de- A procedure by ~vhich a bill that has failed on call" while the committee considers other termines whether or not a bill is "keyed," (or passage (i.e., is defeated in committee or on business. Later in the hearing the"call is lifted" designated) fiscal. A bill is fiscalifit meets one the floor) may be granted reconsideration to and the vote is taken again. If there are not or more of three criteria: it approPriates beheardandvoteduponatasubsequenthear- enough votes, the bill can be placed on call money, it affects the operation of a state ~g. Often in a committee, bills that have been again (the call is "replaced"). Usually a call is agency or it creates a mandated local program, granted reconsideration are heard "for vote placed when there are not enough votes to Fiscal bills must meet the fiscal bill deadline, only," with no testimony permitted. Reconsid- pass a bill. Occasionally, a call is placed as a Nonfiscal bill eration may be granted only one time. way of slowing down or defeating a bill that has received enough votes for passage. A call A bill that is not a fiscal bill and is not heard must be placed before the vote is announced by a fiscal committee. ~ (see "announce the vote," belqw). While a bill Two-year bill Occasionally, a call is placed is on call, lobbyists, legislators and staff lobby A bill that is "dead," "stalled," "held" or simply legislators to secure missing votes Or at-fempt "not moved" by the.author in the first year of as a way of slowing down or to convince members to change a previously a two-year session and cannot be heard again defeating a bill that has cast vote. For lobbyists, who are not permit- until the second year of the session. Gener- _ received enough votes ted on the floor or beyond a certain point in ally a bill becomes a two-year bill when it fails committee hearing rooms, this type of lobby- to meet a legislative deadline, such as a fiscal for passage, lng is done by sending in cards. (See "Send in cards," Miscellaneous Terms of the Trade, committee or policy committee deadline. A bill cannot become a two-year bill'in the second ~ page 16.) year of the session, since there is no additional year to which the bill would be carried over. Concurrence Announce the vote A bill that has been amended in the second What the chair of the committee or presid- Chaptered bill house must return to the house of origin for a lng officer of the Senate or Assembly'does After a bill is signed by the governor, it is floor vote to concur with the amendments in- when the final vote has been taken. Once "chaptered" by the secretary of state. It is as- cluded by. the Senate and Assembly. Con- the vote has been announced, the bill has signed what is called a chapter number and versely, a bill that is not amended in the sec- either passed or failed. After the vote has maY be subsequently referred to, for example, ond house goes straight to the governor from been announced, votes cannot be changed as Chapter 3 Statutes of 1998. That is, it was the second house, if it passes, or added; however, in the Assembly, some- times votes may be added if the outcome the third bill signed by the governor for the Suspense file statutes enacted in 1998. Abill's chapternum- will not change. A bill must be placed on ber is useful to know if, for example, five years Bills that will cost the state more than a pre- call before the vote is announced, often re- after its enactment someone wants to read the viously established amount (generally quiring good to excellent reflexes. On the entirebill text. While onecan fmdthevarions $150,000 annually) are placed on the fiscal Senate or Assembly floor, the presiding sections of the bill included in the different committee's suspense file. At a subsequent officer generally states, "I am prepared to code books (e.g:, Government Code, Revenue meeting, bills may be removed from the sus- announce the vote,' as a way of alerting the and Taxation Code, Public Resources Code), pense file due to changes in cost estimates, author or other members to have the bill the entire bill text canbe foundinabookpub- amendments that remove the cost to the placed on call, or "to place a call." fished each legislative year that includes bills state, or political decisions. In recent years, by chapter number, moving a bill to the suspense file has been Pending handled equitably without regard to politi- A term used to refer to the fact that no hear- To tombstone a bill cal party or issue. While the suspense file is lng date has been set, but the bill is waiting to "Tombstoning' a bill means the author is a good management tool to evaluate fiscal be heard at some future date, in a legislative promLnentlyfistedinthe official statutory title issues and their impacts on the state bud- coramittee or on the floor. For example, abill of the bill. Common tombstoning language in- get, it also is a great place to see bad bills that has just passed the Assembly Appropria- cludes "This act may be known as the Assem- die and, unfortunately, to see good bills die tlons Committee can be referred to as now bly Member Jones'Good Government Act of because of fiscal impacts. The term "sus- "pending on the Assembly floor." 1999." Sometimes tombstoning is the ultimate pense' probably refers to the concept of exan~ple of ego, especially if it is inserted by holding a bill in limbo or a place where one continued 13 NAVIGATING THE LEGISLATIVE PROCESS · Talking the Talk: A Glossary, continued First reading ' where bills go for a brief respite prior to House of origin After a bill is placed across the desk and landing on the governor's desk.) The house of origin refers to the legislative has been numbered, the bill is read for the house (Assembly or Senate) in which a bill first time. Defeated bill is introduced. For example, the house of Abillisdefeatedifitisbroughtupforavote origin for AB 123 is the Assembly. The Second reading by the author and does not receive enough house of origin for SB 456 is the Senate. A A bill is "read" three times during its travels votes in committee or on the floor to pass. "house of origin deadline" is the date by through each house. This term is a holdover For example, a bill is defeated in a legisla- which an Assembly bill must pass the AS- from earlier times when not all legislators tive committee if the majority of members sembly, or the date by which a Senate bill could read or when printing multiple copies serving on a committee do not vote for the must pass the Senate. ofabfilwasnot feasible. Thns, the entire con- bill. This is in contrast to the majority of tent of the bill was actually read to all the leg-. those present and voting. A'defeated bill is Second house i slators. This does not happen today. When a different from a bill that is not moved for-' If a bill is introduced in the Assembly (its 5ill is in the second reading file, it has been ward by the author, or misses a deadline and house of origin), it is in the second house amended in either a legislative committee or becomes a two-year bill. when it reaches the Senate, and vice versa. on the floor. Once a bill is amended, it returns to second reading. A bill can be in the second Failed passage . Third house reading file numerous times during a session. A nice way of saying that a bill was killed or No, this is not an additional legislative defeated, chamber. The third house is used to refer to ~ Kill a bill the lobbyist corps. The act of defeating a bill. Lobbyists who de- On the floor Ail amendments must be. feat a bill they oppose have been observed to This refers to activities occurring in the passed by the majority of those jump up and exclaim, "We killed the bill!" (The Assembly or Senate chamber. Examples of adult, professional and polite way to do this how it is used are: "The bill is on the Assem- members present and voting, as is out of view of the sponsors and supporters bly floor," or "Send in your card and we'll opposed to a majority of the of the bill. However, under some circum- ask Senator Jones to come off the floor." members serving on a stances, taking such action in front of support- Floor vote committee, ers is accepted behavior.) When the Senate or Assembly votes on a bill. Dead bill For example, when a bill is on third read- '-/~] A bill is n,ever really dead. Some bills, like cats, ing, it is on the Senate/Assembly floor for a have nine lives. Because a bill is never dead, floor vote. Third reading lobbyists always say, "It's not over until it's When a bill is on the Assembly Or Senate floor, over.' (See "gut and amend," page 15.) Rule waiver it is on the third reading file. Only the bill num- · A process to suspend or ignore established bet and title are read. The presiding officer Votes to pass procedural rules in order to achieve a specific will say, "File item number 123; read the bill." A nonfiscal, non-urgency bill requires 21 goal. During each two-year session, both the The clerkwill say;"AB 456 by Senator Smith, votes to pass in the Senate and 41 votes to Assembly and Senate vote on and publish a bill dealing with taxation.' Following this pass in the Assembly. A fiscal or urgency bill, written procedural rules. At times, rules must statement, the testimony and debate begin, which requires a two-thirds vote, takes 27 be waived in order for both houses to conduct votes to pass in the Senate and 54 votes to business. Different rule waivers require differ- To enrollment pass in the Assembly. All bills require, a ma- ent procedures. Rules are commonly waived Few people actually understand what "to jority vote of those members serving on a for many different reasons, such as: enrollment" means. After a bill passes both committee to pass, even if one m~ember is * To hear a bill after a specific deadline has houses of the Legislature, it goes to the absent that day. Committee and floor amend- passed; governor for either signature or veto. In ments must be adopted by a majority of · To hear a bill on the floor in mock-up form, between, it pauses at a mysterious place those present and voting, as opposed to when it is in print; and called "enrollment." After a bill has passed · To hear a bill in a committee even if it has both houses, it is printed in enrolled form, Put over not been included in the daily file four days omitting symbols indicating amendments, When the author pulls a bill from the com- prior to the hearing. and compared by the Engrossing and En- mittee agenda or does not take it up on the rolling clerk of the house where it origi- Senate or Assembly floor file so that it will ' Committee- and hated, to make sure it is in the form ap- not be heard that day. Bills are generally put proved by the houses. The enrolled bill is over in order to.negotiate with the opposi- Floor-related Terms then signed by the secretary of the Senate tion or if the legislator thinks he or she does Policy committees and the chief clerk of the Assembly, and not have the votes to pass the bill. There is The standing conuuittees of the Senate and presented to the governor. "To enrollment" a limit to the number of times a bill can be Assembly that discuss the policy implications may take several days. (Some Capitol ob- put over and reset for hearing. Generally, if ora bill, such as the Senate Natural Resources servers honestly believe that enrollment a bill has been put over in committee, one . Committee or the Assembly Local Govern- actually is an obscure Polynesian island can conclude there may be a problem, ment Committee. 14 LEAGUE OF CALIFORNIA CITIES Fiscal committees existing law, what the bill does, and potential tion to existing law. Looking for italics or · The two policy committees within the Senate impacts or issues that might be considered by sU'ike0uts only in the latest version will not and Assembly (the Senate Appropriations the committee members. However, in the real identify the changes if the bill has been Committee and the Assembly Appropriations world, sometimes an analysis may have a po- amended five times since its introduction. Committee) that discuss the fiscal implica- litical slant. tious of a bill. It is common for lobbyists representing both Author's amendment A change to a bill made by the bill's author. supporters and opponents of a bill to talk with This can be done prior to a committee hear- Agenda the committee consultant Prior to the writing The schedule of events for a committee, com- of the analysis, so that the consultant is aware ing or during a hearing. An author can amend monly referred to as "the file" (see also "daily of the interest group's perspective. Often, a the bill while in committee, in response to file," below. The terms "agenda," "daily file, committee analysis will include a statement questions or issues raised during testimony. and "committee file" often are used inter- that refers to a supPorter's or opponent's po- When this is done, the chair will say, "We will changeably.) The agenda, or file, can include sition, such as "The League of California Cit- accept this as. an author's amendment.' as few as one or two bills or as many as 50- ies opposes AB 123 because. :.~ However, it Committee amendment 300. Although a committee hearing may be is common for both supporters and opponents Occasionally the author will not wish to have scheduled from 9:00 am. until noon, there is of bills to complain that their position was not the bill amended as an author's amendment, no certainty about when a particular bill will fairly covered. What is one person's great for various reasons, but will not object to an be heard. Some committees hear bills "in or- analysis is another person's hatchet job. Since amendment offered by someone on the com- der of file" (in order of their position on the most analyses also contain a Est of the sup- mittee. This differs from a hostile amendment. agenda) and some by "author sign in" (in or- porters and opponents of the bill, it is impor- der of when the author signs a Est in the com- tant that letters sent to the committee arrive Hostile amendment mittee hearing room). However, if a bill' was far enough in advance to be included on the An amendment that the bill's author does not authored by a committee member, it is heard analysis. (Of course, letters should also be sent want. Hostile amendments can be inserted last, regardless of its place on the agenda or to the author.) Committee analyses are avail- into a bill, over. the objections of the author, file. Only one thing is certain: if a witness or able prior to the hearing as well as on the by a vote of the majority of those present lobbyist has been waiting all morning for a bill Intemet. Committee analyses should not be and voting in a committee, or by a majority to "come up," it will be heard immediately af~ corffused with' analyses prepared by both the of those present and voting ~n the full Sen- ter the individual leaves the room for a quick Republican and Democratic caucus, es, which ate or Assembly. and desperate trip to the restroom, generally are not available to the public. . Floor amendments Daily file Amending a bill on the Senate or Assembly Both the Senate and Assembly publish daffy floor is different and more complicated than files. These contain the times, locations and Terms of Amendments amending a bill in committee. Amendments agendas for committee hearings as well as Amendment must be in written Legislative Counsel form Senate or Assembly floor sessions. An amendment is a change to a bill; there are and be at the desk prior to a member taking various types of amendments. A bill can be up the bill for amendment. Unless a rule File number amended either by the author, by a commit- waiver is given, a bill is amended one day and Each bill that is scheduled to be heard on the tee or by the full Senate or Assembly. How- voted on in its amended form another day. · Senate or Assembly floor has a file number, ever, since all bills are technically the posses- (In other words, it is put out to print and back Generally, bills are heard in numerical order, sion of the Senate or Assembly, only the Sen- on file.) Prior to taking up any amendment. based upon their file number, on both the Sen- ate or Assembly can acmaily amend the bill on the floor, an analysis of the proposed ate and Assembly floor. -- even though the amendment comes from amendment must be available to all mem- Special order the author or committee. The procedure for bers. Like the analysis of the bill itself, this Occasionally a committee or the full Senate amending a bill is slightly different, depend- analysis is prepared by legislative staff. It is or Assembly may schedule a specific bill to ing upon how and where it is amended. Any common to hear a legislator request that the be heard by "special order." When this hap- time a bill is amended, it is held briefly for a author wait to take up an amendment be- pens, the bill is scheduled and noticed in the second reading. All amendments must be cause the analysis is not yet available, in the daily file lo be heard at a specific time. Spe- passed by the majority of those members last few years, the Legislature has been more cial orders are usually reserved for bills present and voting, as opposed to a mgiority rigorous in applying the requirement that an about which there is considerable contro- of the members serving on a committee, analysis of an amendment be available prior versy, with large numbers of witnesses ex- H°w to read an amended bill to voting on the amendment. pected to testify. Additions are shown in italics, while deletions Gut and amend Committee analysis ' are shown in $'~k~out t~-~. However, these This is a technique in which the original lan- Committees in the Senate and Assembly have italics and strikeouts relate only to the previ- guage of a bill is entirely removed and new committee consultants who are required to ous version of the bill, not to existing law. language is inserted. That is to say, thebillhas provide substantive analyses of the bills heard Therefore, in order to understand how a bill been "gutted and amended." Usually this is in the domiuittee. The committee analysis gen- changes existing law, it is critically important done to revive a bill that has stalled or been erally 'contains an impartial explanation of to review all versions of the bill that amend a defeated. Often the newly amended bill is lo- specific code section, or add a new code sec- continued 15 NAVIGATING THE LEGISLATIVE PROCESS N Talking the Talk: A Glossary, continued ~ cared in the second house, ~vhlie the stalled Across the street bLll is located in the house of origin. Man3? At the state Capitol. ~ ": ~-. '~;2 ..... ~:..,~:;~. ~.~,~.__~.~ times a bill is "gutted and amended" because Send in cards · '" ":"~' ~'~'~'~' ' the author never intended to use the bill for Governor's Budget . .. :; .... ~,,:(~z:~ its introduced purpose (see "spot bill," page tors in committee or on the floor. Business This is a complete accountmg of exp~ 9). Occasionally a bill is gutted and amended ditures in thestate, and is typically thb:~ for less sinister reasons, such as to serve as a cards, with short notesl are given to the · directorY":lt pr0~,ide~ budget trailer bill vehicle or to provide tech- sergeant-at-arms to give to the .legislator. of a large telephone .,-,' ~,.~:~-~, [ Often, if one is lucky, the legislator will past-year-actual, Current:year-revis~d~!~ nical clarification to a bill already enacted (see come out to talk about the issue with the and budget-year-proposed appropriation~.~ "germane," below). and expenditures for every organiz~ti~$~ lobbyist. Unlike the Assembly, the Senate's ,,:,. ,~.:~:: rules do not permit notes to lobby a mem- by fund. ' '~!1 Germane ' ' "~.:~i-%: '"] Technically, the amendments to a bill must be ber on the floor, so cards submitted in the Governor'e Budget Summary :'~'i~] germane to the subject of the original bill. For Senate can only say, "The League sup- This is the policy narrative thai a¢c~{~ example, a bill dealing with solid waste tech- ports/opposes this bill." A card that nically cannot be amended ("gutted and breaches this protocol will be returned by panics the governor's budget. It highlight~'~t ..... ~;: amended") to delete those provisions and sub- the sergeant-at-arms or deposited in the the state of the economy as well as policy~.,,;.~ initiatives and major budget changes Pr~':~ij Sequently address public libraries, since the circular file. posed by the governor, two subjects fo.nd in erent gate ~i1 code sections (e.g., the Public Resources Code · ~ .... The side entrance of the Senate or Assem- Governor's Budget Highlights -~;, ~.~,~![;q and the Education Code). bly chamber where lobbyists swarm while This is a briefer review of the budget than~4 Ideally, when looking for a legislative ve- .,-.,:~e.~ the Legislature is in session. Because lob- the summary, and includes facts andflig-.~-] hicle in which to place a late-breaking . ...:~.:;:~, byists are not permitted on the floor, they utes summarizing the budget's most im~. 4~ amendment, one looks for a bill that is get- - . .~,~.~. must wait patiently at the gate. Lobbyists portent features. ~J'?;?~:,~ compose notes· on their cards at the gate ..~:~ mane -- one in the appropriate code sec- '~?:~':::~ tion. However, when bills are gutted and ,:ff~¢z:~ and give them to the sergeant-at-arms. IdenticaIBUdget Billbudget bills are introduced in **:th~ .... :~'~' amended, the question of "germaneness' When legislators come out to speak to the Senate and Assembly and aulhored"~ ~v iSraisedrOutinelYtheWaived.senate If theAssemblyqUestionfloor,iS, lobbyists, they do so at the gate. Today  on or there is only a door or passageway at the the respective budget commiflees.'~fii~ usually the presiding officer (either the · - :~v~ gate. In the past, there really was a gate a~ president pro tern of the Senate or the ' is the document that the Legislature offij~ cially takes action on. ' :. ~i~)i the back entrance to the Assembly. . .~,,~ speaker of the Assembly) will rule on the . Finance Letter . ~i~i question. However, the. ultimate arbiter of Sergeant-at-arms A letter from the Department of Finfi~ what is and is not germane is the full Sen- Sergeants-at-arms are the individuals who · . ' ~':¥~ ate or Assembly, although raising the is- guard the gate located at the side entrance to the chairpersons of the Senate and As~ sue to that level rarely occurs, of .the Senate or Assembly chamber to pre-. sembly Budget Committees and/or the ~' :.::-~,~ vent unauthorized individuals from entering Joint Legislative Budget Committee, re~:q Out to print and back on file . ..~.~ while legislators are on the floor. The ser- questing that the Legislature consider:ai!~!~ This phrase is used to describe the process · - ~i,:~.~ geant-at-arms delivers messages from lob- change in one or more budget terns con::~,~, that occurs after a bill has been amended. Lit- . .~.,~.~q byists who send in cards to legislators. Ser- rained in a current year budget or in' th6~ erally, the bill willbe amended, put outto print, ~: ~..~.%. geants-at-arms also have similar responsi- governor's budget proposal for the fii~.~J made available to the public (including legis- bilities in the committee hearing rooms. fiscal year· . . ..~?~?~ lators, lobbyists and staff) and returned to the ~ .~'~Z~ file for discussion at a later date. During this Veto message The Big Five ",.!;~.~! process, the bill briefly pauses in second read- The governor either signs or vetoes the bills During the state budget debates, one of T~:~ that reach his or her desk. If he signs it, it ten hears about meet ngs of "Th~¢~Bi$~ ing. Many times legislative committee men- it does not be- Five," which consists of the govern0i'~t~ bets are reluctant to vote on a bill that has becomes law. If he vetoes it, ~ ..,: ~ ,.~.. ~.::~.~ been heavily amended in committee without come law. (Note: If he does not veto the bill speaker of the Assembly, the m~norltv~ seeing the new version in print. Therefore, the but does not sign it, the bill is allowed to .] chair will direct that the bill "go out to print become law without his signature.) When and back on file.' The bill will be heard at the the governor vetoes a bill, he includes a veto of the Senate. ~'~" committee's next hearing in its newly message that states the reasons for the veto. amended .version. The veto message may indicate what revised May Revise ......7 ,'., :. version of a bill the governor would consider The gov6rrior's signing, if it is reintroduced the next year. state budgei'.,7.:~?~i i Miscellaneous Terms of the Trade Hurry up and wait .-.: :~: .: · ' What lobbyists do when waiting for their bills to come up in committee or on the floor. 16 LEAGUE OF CALIFORNIA CITIES Index of Glossary Terms Across the desk ..................... 12 Hostile amendment ................ 15 · Across the street .................... 16 House of origin ....................... 14 Agenda .................................. 15 How to read an amended bill .. 15 Amendment ........................... 15 Hurry up and wait ................... - 16 Announce the vote ................. 13 Kill a bill .................................. 14 · Author .................................... 12 Legislative (Leg) Counsel ....... 12 Author's amendment .............. 15 May Revise ............................ 16 Backed .bill .............................. 12 Nonfiscal bill ........................... 13 ' Bad bill ................................... 12 On call ' 13 Big Five ...................... r ........... 16 On the floor ............................ 14 Bill ~number ............................. 12 Out to print and back on file .... 16 Budget bill 16 Pending ........................ : ......... 13 Call (see "on call") .................. 13 Place a call (see "On call") ...... 13 Chaptered bill ......................... 13 Policy committees .................. 14 Committee amendment .......... 15 Put over ................................. 14 Committee analysis ................ 15 Rule waiver ............................ 14 Concurrence .......................... 13 · Second house ........................ 14 Daily file ................................. 15 Second reading .............. ........ 14 Dead bill ................................. 14 Send in cards ......................... 16 Defeated bill ........................... 14 Sergeant-at-arms ................... 16 Failed passage ....................... 14 Special order ..... ~ .................... 15 File number ............................ 15 Sponsor ................................. 12 Finance letter ......................... 16 Spot bill .................................. 12 First reading ........................... 14 Suspense file 13 Fiscal bill ................................ 13 . The Big Five ' 16 Fiscal committees .................. 15 The gate ................................ 16 Floor amendments ................. 15 Third house 14 Floor vote ............................... 14 Third reading .......................... 14 Gate ................. ...................... 16 To enrollment ......................... 14 Germane ............................... 16 To tombstone a bill ................. 13 Good bill ................................ 12 Trailer bill ................................ 12 Governor's Budget ................. 16 Two-year bill ........................... 13 Governor's Budget Highlights .. 16 Unbacked bill ......................... 12 Governor's Budget Summary .. 16 Urgency measure/bill ............. 13 Granted reconsideration ......... 13 Veto message ........................ 16 Gut and amend ...................... 15 Votes to pass ......................... 14 17 NAVIGATING THE LEGISLATIVE PROCESS A on CALIFORNIA CITY FINANCE by Mi&ad Coleman Eu've been elected to the city council. You already know that the question of money arises for ery local issue. So how does your city pay its bills? While every city is different ~ each with its own needs, local economy, expectations, protocols, responsibilities and finances ~ the essential ele- ments of city revenues and spending are the same throughout California. An Overview of City .,. Revenue Sources - · City officials mar ask, what money T'~PiCAL' CALI'FORNIA CITY REVENUES* does our city get and how is it spent? Revenue, the bread and butter of city budgets, comes from a variety of sources. '~~l UTILITY USER TAX 4% Some is restricted to certain uses by law. SERVICE CHARGES (WATER, SEWER, SALES TAX 10% Some revenue is payment for a specific REFUSE, ETC.) 41% service by customers. Other revenue re- quires voter approval for rate increases. PROPER'ri'TAX7% Still other revenue comes from state and federal agencies, and the city has no , Or,ERT~t~S 7% control over how much it receives. The ' DEBTSERVICE t% ~ OTHER3% California Constitution. and state law OTHER TAXES 3% J STATE SUPPORT 4% provide some specific distinctions · FEES 8% between municipal revenue sources. ' ' /. ~ ~SSESSMENTSl% / \ LICENSES & PERMITS, ETC, 2% STATE & FEDERAL 9% Taxes 5: , · A tax is a charge for public services and . · . . facilities that provide general benefits.. . ' There need not be a direct relation be- * Based on total c/ties statewide. Source: Coteman Advlson/ Services; state controller tween an individual taxpayer's relative ~:.: ...... :_:..' ......................... : ..................... ... _ ' ' Michael Coleman is principal of Coleman Advisory Services and fiscal consultant to the League. Computations presented in this article are provided by Coleman Advisory Services, based on data from state controller reports. More information on city finance can be found on Coleman's website at www.californiacityfinance.com. League of California Cities www.cacltles.org benefit and the tax paid. Cities may for specific projects, and reimbursements charged for specific services, and fee rev- impose any tax not otherwise prohi- for the costs of some state mandates, enue can fund only those services and bited by state law (Gov't. Code section Intergovernmental revenues provide related expenses. To comply with these 37100.5). However, the state has re- 13 percent of city revenues statewide, laws and standards, finance departments served a number of taxes for its osvn purposes, including taxes on cigarettes, alcohol and personal income. The California Constitution distinguish- In the early 1990s, the state experienced a recession es between a general tax and a special and budget deficit. To offset its fiscal shortfall, the tax. General tax revenues may be used for any purpose. A majority of voters state shifted property tax revenues from cities to must approve a new general tax or in- crease. Special tax revenues must be used local schools. This ERAF shift continues today. for a specific purpose, and two-thirds of voters must approve a new special tax or its .increase. Other City Revenues segregate revenues and expenditures into Fees, Charges and Assessments Other sources of revenue to cities in- separate accounts or funds. The three As distinguished from a tax, a fee is a dude rents, concessions and royalties; most important types of city funds are voluntary charge imposed on an indivi- investment earnings; revenue from the special revenue funds, enterprise funds dual for a service provided to that per- sale of property; proceeds from debt and the general fund. son. A fee may not exceed the estimated financing; revenues from licenses and Special revenue funds are used to reasonable cost of providing the particu- permits; and fines and penalties. Each account for activities paid for by taxes lar service or facility for which the fee is type of revenue has legal limitations on or other designated revenue sources that charged, plus overhead. Cities have the what may be charged and collected, as have specific limitations on use accord- general authority to impose fees (charges well as how the money may be spent, lng to law. For example, the state levies and 'rates) under the cities' police powers gas taxes and subvenes some of these granted by the state Constitution (Article Putting Money in Its Place funds to cities and counties. A local gov- XI, section 7; Proposition 218). There Many types of city revenues are restrict- ernment deposits gas tax revenue in a are specific procedures in state law for ed by law to certain uses. For example, special fund and spends the money for fee and rate adoption. Prop. 218 pro- a special tax is levied for a specific pro- streets and road-related programs, rides special rules for property-related gram. Some subventions are designated according to law. fees used to fund property-related ser- by law for specific activities. Fees are continued vices. Examples of city fees include water service, sewer service connection, build- lng permits, recreation classes and devel- opment impact fees. CITY RESPONSIBILITIES DIFFER Assessments are charges levied to pay for public improvements or services within Comparing revenues anti expendb tn about'three out of~o California a predetermined district or area, accord- lures 0f different cities can be diffi~ communities, a special district pro- lng to the benefit the parcel receives , .' cult, because cities vary according vides fire services with property tax from the improvement or services. The ' to the needs of their constituents revenue that would otherwise go to rules and procedures for assessments are and the nature of the local econom~ the cry. In six out of ~o cities, library provided by the California Constitution, as well as the service and financial services are provided and funded by Article XI, section 7 (Prop. 218). responsibilities of the city, Fewer another punic agency. than 25 percent of California c~ties On the revenue side~ these differ- Intergovernmental Revenue are full-service'cities, responslb}e for ences in financial responslbflity funding al[of th~ ma}or city generab Cities also receive a substantial amount 'ftind~'supp0~d ~erVices such as among cities are generally reflect- ed in the allocation of property of revenue from other government agen- police, fire, library, parks and recre- tax revenue. Other city tax rates cies, principally the state and federal atlon, and planning, and allacations are unrelated to governments. These revenues include :'" ~"'~ " service responsibltiW, general or categorical support monies called "subventions," as well as grants www.westerncity, com Western City, November 2002 2 A Primer on California City Finance, continued Major City Revenues Sales and Use Tax. The sales tax that an ~ SALES TAX: How Much GOES TO YouR CITY? individual pays on a purchase is collected by the state Board of Equalization and For each taxable dollar spent, sales tax is paid as follows: includes a state sales tax, the locally levied "Bradley Burns" sales tax and sev- eral other components. The sales tax is imposed on the total retail price of any tangible personal property. (State law TRANSIT/SPECIAL DISTRICT: provides a variety of exemptions to the V2C (VAmtS) sales and use tax, including resale, inter- state sales, intangibles, food for home PROP. 112: ~/2¢ consumption, candy, bottled water, nat- ural gas, electricity and water delivered CouN~"~lOZ through pipes, prescription medicines, T~NSPORTATION: ~/4¢ /':"' agricultural feeds, seeds, fertilizers and ~ sales to the federal government.) A use COUNI~ HEALT# &WELFARE:~I2¢ ,. J tax is imposed on the purchaser for transactions in which the sales tax is not collected. Sales and use tax revenue NOTES received by cities is general purpose ~.. California sales tax revenues are distributed based on the place ("situs") where.each sale revenue and is deposited into a city's occurs, general fund. Although cities vary wide- 2. Cities receive about 6 percent and counties get 94 percent of Prop. x72 funds. The funds ly, on average, sales and use tax revenue are restricted for public safety services, such as police, fire, district attorneys and jails, provides 30 percent of city general 3. The state sales tax rate is 5.5 percent, but 0.5 percent is sent directly to county health purpose revenue, and often as much and welfare programs, as 45 percent. 4. The city portion of sales tax goes to the county if the sale transaction occurs in an Property Tax. The property tax is an ad unincorporated area of the county, valorem (value-based) tax imposed on 5. Most counties and a few cities impose additional rates, most commonly for transportation, ranging from 0.25 percentto x.25 percent. These additional rates cause the total California real property and tangible personal prop- sales tax to vary from 7.25 percent to 8.5 percent, erty. (State law provides a variety of Source: California State Board of Equalization, Coleman Advisory Services exemptions to the property tax, includ- : lng most government-owned property; ...... nonprofit, educational, religious, hospi- tal, charitable and cemetery properties; .... the first $7,000 of an owner-occupied A majority of voters must approve a new general home; business inventories; household furnishings and personal effects; timber; tax or increase. Special tax revenues must be used motor vehicles, freight and passenger vessels; and crops and orchards for the for a specific purpose, and two-thirds of voters must first four years.)California Constitution approve a new special tax or its increase. ArticleXIIIA (Prop.13)limits the prop- erty tax to a maximum 1 percent of .... assessed value, not including voter-ap- proved rates to fund debt. The assess- Enterprisefitnds are used to account The general fund is used to account ed value of property is capped at the for self-supporting activities that pro- for money that is not required legally 1975-76 base year rate plus inflation vide services on a user-charge basis. For or by sound financial management to -- or 2 percent per year. Property that example, many cities provide water treat- be accounted for in another fund. Major declines in value may be reassessed at ment and distribution services to their sources of city general fund revenue the lower market value. Property is residents. Users of these services pay include sales and use tax, property tax, reassessed to current full value upon a utility fees, which the city deposits in a the vehicle license fee subvention from change in ownership (with certain exemp- water enterprise fund. Expenditures for the state, and local taxes, including lions). Property tax revenue is collected water services are charged to this fund. business license tax, hotel tax and utility by counties and allocated according to user taxes. w~rw. cacitles.org League of California Cities state law among cities, counties, school districts and special districts. THi ri' CTS m= PRo ,osrr oN The share of property tax revenue allo- '?~ ;~%':"?'.~3~ ' cated to a city varies depending on a Proposititin 1~:;iSr°duCed the following results: variety of factors, including: - · · Elderly and tow-income homeown- · The authority to allocate local prop- . The service responsibilities of the city ers' tax burden has decreased; erty tax shifted to the state; (for example, if fire services are funded * $i~ii~fly situated properties · Counties and schools (especially) and provided by a fire district, then are taxed different[y; rely more heavfly on the state gen- the district gets a portion that would ' ' eral fund and a commensurate otherwise go to the city); ~ · Local government property tax revenues were cut by 60 percent; shift in power; · The presence of a redevelopment · Cities rely more heavily on other · Personal income is higher as a agency, which retains a portion of result of reduced property taxes, general revenues, including locally revenue .growth; and Revenue windfalls from personal imposed taxes and the sales and · The historic (1980) tax rates of income tax produce $1 billion for use tax; and the city in relation to other local the state and $x.6 billion for the · lax rates/shares (from ~98o) taxing entities, fed eral government annually; are now out of sync with · Cities and counties raised user fees service demands. and local taxes; In the typical full-service city, two out of three of its discretionary PROPERTY Tax: How Much GoEs TO YOUR CITY? dollars are spent on police and fire services. The allocation of property taxes to government agencies varies among different areas, depending on historic (pre-Prop. ~3) property tax.levels and which services are provided .by agencies in your area. On average, a California city resident's property tax revenues are distributed Of course, local assessed property values as follows: also affect revenue levels. Property tax revenue accounts for 20 percent of gener- al revenue for the average full-service city. For cities that do not fund fire service, property tax revenue represents 15 per- cent of general revenue, on average. The Motor Vehicle License Fee (VLF). The VLF is a tax on the ownership of a registered vehicle in place of taxing vehi- cles as personal property. (Vehicles that $PgClAL DISTRICTS are exempt from VLF include govern- ment-owned, diplomatic, civil air patrol and farm vehicles; privately owned school buses; and vehicles owned by NOTES ' blind or amputee veterans. Various class- es of specialized vehicles are exempt but ~. This is the rate for the average city for properties not in a redevelopment area. Results vary depending on the extent of services provided by the city. Full-service cities ma.y are instead subject to the property tax. receive slightly more. Cities in which fire services are provided by a special district receive These include farm trailers, privately less, with the difference going to the. fire district. owned firefighting vehicles and forklifts.) 2. If a person resides in the unicorporated area of a county, the county receives both the city Since 1948, the VLF tax rate had been and county po[tions of the property tax. 2 percent. In 1998, the Legislature and Source: Cali[omla State Board ofEquaiization, Coleman Advlsory Services continued .......................... .............................. www. westerncity, com Western City, November 2002 4 A"Primer on Cali~brnia City Finance, continued governor began cutting the tax, backfill- ing the loss to local governments with a like amount of state general fund money. The effective rate is now 0.65 percent. The VLF is collected by the state De- partment of Motor Vehicles and allocat- ed to cities and counties according to STREElr'S ~Yo law (after retaining several hundred mil- Cn'~'COUNCIL& . lion dollars for the administrative costs MANAGEMENT8% of state agencies). Most of the allocation to cities is based on population and pro- oT.~,~:~% vides 16 percent of general revenues to LIBRARy the average city budget, and often as much as 24 percent. Of the $1.6 billion PARKS & that will go to cities in FY 2002-03, RECREATION 7°/° about one-third is from actual VLF paid by vehicle owners and two-thirds is from the state general fund backfill. PLAN N I NG'~/o Property tax revenue is collected by counties and allocated according to state law among cities, Based on statewide totals of city spending. The percentage expenditures of individual cities COunties, schools and vary. For example, more than 300 cities do not fund or provide library services, and more than x7o cities do not fund or provide fire service. Because this chart displays a statewide average, special districts. '- those Cities that do provide these services typically spend a larger percentage of their budget on library and fire services than shown here. Source: State controller ' Business License Tax (BLT). Most cities '-: ................... ~ ..........................' in California levy a business license tax. Tax rates are determined by each city, which collects the taxes. In all cases, cities have adopted their tax as a general tax. On average, the business license tax pro- THE EVVECTS ov ERAF P toP-..R:r¥ Tax vides about 3 percent of city general rev- - enue, and often as much as 6 percent. In the early I99os, the state experg Today, the ERAF shift continues to enced a recessio, n and budget deficit, dramaticalty affect city revenues and Transient Occupancy Tax (TOT). Like TO offset itt fiscal shortfall, the state the fiscal health of cities: the business license tax, TOT may be shifted property tax revenues from levied by a city under the police powers cities to local schools (a state action · In F~ 2002--o3 this ts, in effect, granted cities in the state constitution, that was enabled by a provislo, of a $~.9 billion shift of city, county More than 380 cities in California im- Proposition x3). The legislation that .and special district revenue to the state genera[ fund; pose TOT on people staying for no created this shift established the more than 30 days in a hotel, inn or Educational Revenue Augmentation - City property~tax shams are other lodging facility. Rates range from Fund (ERAS, and relieved some of reduced by an average of 24.per- 4 to 15 percent of the cost of the lodg- the state general fund,obligation for cent; and lng. In nearly all cases, cities have adopt- school funding, o Prop. ~72,and Citizens' Option ed these as general taxes, but some cities . '.. for Pub[k Safety (COPS) grants make a point of budgeting the funds For return onlyabout a8 percent of tourism or business-development-related the city re~er~ue lost due to ERAF. League of California Cities www. cacitles.org ~t~. the users of various utilities, depending TRESr>Sq~4 CALiFORNia) telephone, electric, gas, water and cable FoR.Mom!. INFORMATION ,.. television. For those that impose the ..... :':' '~ ..... UUT, it provides an average of 15 per- Further in. formation about city The follOwing list summarizes · cent of general revenue, and often as finance is available from these online sources: trends in California dtyfinance, much as 22 percent. ' ' Coti~orni~ Local GOvernment * Decline Of proPerty tax revenue Enterprise Service Charges and Fees. Finance Almanac due to Proposition x3 and ERAF. Service-fee-supported city utilities and www. califomiacityfinance.com In x976, property tax revenues enterprises constitute a substantial par- provided ~5 percent of total Primer on Cali[ornia' s Tax System city revenues; in :moo. they lion of most city budgets. These include Legislative Analyst's Office provided only 7' percent of total water, sewer, electric, solid waste, har- www. lao,ca,gov/:omltax_primer/ city revenues; bar/marina and airport services. In omt_taxprimer, pdf some cities, a public or private agency · Decline of state and federal aid other than the city provides and funds De Fiscal Condition o/:Cati~ornia to cities. State and federal money these services. Cities to California cities is down from 'institute for Local Self Government =z percent in 197t~-75 to~3 per- www. ilsg. org/doc.asp?intParent cent today; Most Discretionary Dollars Glo to iD--=?5 · Decline of sales tax base due to Public Safety tn addition, the following pubtica- a shift toward a service-oriented In most cities, roughly two-thirds of the fions are available from CityBooks. economy and increasing tnternet total city budget is either earmarked for To order, ca!t (9~6) 658-8257. and catalog retail sales; specific purposes (such as special taxes, Municipal Revenue Sources o State intrusion into local policy, restricted state grants and debt obliga- Handbook ~oo~ including unfunded mandates; tions like bonds) or is fee revenue used -League of California Cities to pay for services provided. Of the $:5; Item No. ~o3x. · Limitations on taxes and fees that cities can impose, driven remaining discretionary funds, in the Local Government Dollars by Prop. ~3, Prop. ~8 and other, typical full-service city, cwo out of ~,. & Sense by Len Wood state taws; three dollars are spent on police and · $30; Item No, ~o5. fire services. · State population growth is'higher in cities; · CRies must respond, to citizens~ demand for a greater arrayofser-:Each type of revenue vices that bring with them addi- ~tional costs and new challenges has legal limitations on . ONLINE LEARNING: (high tech, cable, transit, etc.); MUNICIPAL Fri,4.~NCE. · Pubiic safety spending is up; and what may be charged and .B sms · Infrastructure improvements and collected, as well as how maintenance are tagging, the money may be spent, mcted officials can now take Source: Computations by Coleman advantage of online 'teaming Advlsory Services wlth data [rom . opportunities'provided by the. state cantmllerrepotts ~ 'League, "Guardians of the Public Checkbook: The Basics of Muni- And There's More ... cipat Finance" is available at www.cacittes.org/ed. Based on City budgets can be bewildering. Myriad ,. the book Local Goverament programs. The TOT provides 7 percent laws and limitations make city funding a Dollars & Sense by ken Wood, tMs of a city's general revenues on average, very complicated subject. But it's critical 'course IS designed to provide a and often as much as 17 percent, for any city decision-maker to under- 5 basic understanding of municipal Utility User Tax (UUT). More than stand the essentials of city finance. What's finance, in~lt~ding various funds 150 cities, collectively representing a more, elected officials find that their job : ' and their uses, the different types majority of the state's population, tm- is made easier when they are able to ex- I ~ of budgets and~, how tO review ~ ,them, and'more, pose a utility user tax. UUT rates vary plain the basic elements of municipal i ' from 1 to 11 percent and are levied on finance to their constituents. ~1 ; www. westerncity, com Western City, November 2002 6 WHY SHOULD You JO N THE CAMPAIGN TO PROTECT LOCAL SERVICES AND REVENUES? "Fool me once, shame on you. Fool me twice, shame on me." As The outcome of the 2002-03 budget debate taught us that we the state faces its most brutal fiscal crisis in a decade, this old can succeed if we start early, work harder than others, and build saying underscores that there has never been a more critical time our LOCAL (Leave Our Community Assets Local) partnership with for you to get involved in the League's campaign to protect city county, special district, labor and business groups. The key to services and revenues from state raids. After all, the property tax winning this fight, however, is you. No one can do it but you, raid by the state started in_the early 199os, and the amount taken and in the long run, it may be your most important role as a from local units increases every year. We can't afford to let it hap- city official. pen again. If you get involved, it won't. Executive Director League of California Cities WHAT To Do N XT Learn More. Additional resources are Get tO Know Your City's Unique Become an Advocate. Your participa~ available through the League, including: Fiscal Environment. rion is critical as locai fiscal issues are ' MunicipalRevenue Sources '· Learn about your city's fiscal situation, debated hq the state Capitol. Handbook 2001; · Provide the League with real-life ° Help to educate your legislators on the · The Fiscal Condition of Callfornia stories of 'how your city is managing its fiscal situation of your city. Contact Cities 2001 (an ,updated version will fiscal resources. Contact the League's your local League regional representa- be a~laUe in ~/b~)i and ~enue and V~ao= ~W~a~ ~ ~,e to vo~ntee~ fo~ t~.~ and omer efforts. Find your regional rep's contact · Proposition 218:Implementation presentative Jean Flournoy Korinke; info at www. cacities.org. Guide. Ordering information.is phone: (916) 658-8245; e-mail: listed on the previous page under <jkorinke@cacittes.org>. · Take action on League alerts that you ~For More Information.' · Use information provided by the receive throughout the legislative ses- · Presentations, articles, and more 'League to develop your own fact sheets sion. By sending e-maiN and letters, through www. cacities, org and about how state-level fiscal decisions you can increase the strength of your www. calocal.org, affect services in your city. Explain the region's voice. state's actions in lo~al term~ · Attend the League's Legislative Action · "Guardians of the Public Checkbook Days in Sacramento and its Legislative The Basics of Municipal Finance" is · Educate your citizens about the set- Briefings. More information is avail- an online municipal finance education vices your city provides and how program available for city officials at they are paid for. able at www. cackles.org. www, cacities.org/ed: }ter~ No. 1358 OF CALl FOI~NIA' CITIES. League Staff Executive Chris McKenzie, Executive Director Mimi Sharpe, Executive Assistant/MSR (916) 658~8275; mckenzie~cacities.or.q Coordinator ~ (916) 658-8232; sharPemC, cacities.or.q Administrative Services Dan Harrison, Director of Administrative Erin Vernon, Reception/Database/Mailing Services Labels (916) 658-8267; dharrisonC, cacities.or.q (916) 658-8200; frontdsk~cacities.or.q Vicki Gorr, Building Services Coordinator Perry Stottlemeyer, Controller (916) 658-8217; backroomC, cacities.or.q (916) 658-8215; pstottlemeyer@cacities.orq Craig Matsumoto, Mail Room/Print Shop/ Kaye BreWer, Accounts Receivable Building Services (916) 658-8260; brewerk~,cacities.or.q (916) 658-8217; backroom~cacities.or.q Florence Nakai, Print Shop Coordinator Maurine Asghari, Accounts Payable (916) 658-8217; backroom~cacities.orq (916) 658-8241; asgharimC, cacities.orq Edre Dassler, Accounting Clerk John McEIligott, Information Technology (916) 658-8270; dassler@cacities.org Manager (916) 658-8235; mcelliqott~cacities.or( Norman Coppinger, Personnel Director Roger Espiritu,' Information Technology (916) 658-8277; coppinqer@cacities.org Analyst Karen Durham, Personnel Assistant (916) 658-8268; espiritu~cacities.orq (916) 658-8262; d,,urhamk@cacities.orq Sussan Nasirian, Reception/Database Updates (916) 658-8219; database~cacities.or( Communications Megan Taylor, Director of Communications Jude Hudson, Western City Editor (916) 658-8228; taylormC, cacities.orq (916) 658-8234; exlondon@mymail.net Erin Maurie, Communications/Marketing Sara Rounds, Western City Specialist Subscriptions/Classifieds (916) 658-8271; mauriee~cacities.orq (916) 658-8223; wctyinfo~cacities.or.q Robb Korinke, Marketing and Communications Pam Maxwell-Blodgett, Western City Advertising Assistant Manager (916) 658-8258; rkorinkeC, cacities.orq (916) 658-8256; maxwellpCb, cacities.orq .. Adrienne Schmeling, Communications Assistant. Patty Chazen, Western City Administrative (916) 658-8278; schmelinq~cacities.org Assistant (916) 658- 8283; pchazen@cacities.orq Updated 12/20/2004 Education & Conference ServiCes Terry Dugan, Director of Education Services,' Kerri Lofte; Conference Registrar Corporate Programs & Exhibit Services (916) 658-8291; klofte~cacities.or.q (916) 658-8265; du.qant@cacities.or.q Lodema Bee, Conference Logistics/Board 'Paul Flint, Conference Program Director Liaison (916) 658-8238; flintC, cacities.or.q (626) 305-0001; beelC, cacities.orq Kanat Tibet, Conference Program Director 'Pat Parker, Membership Services (916) 658-8261; ktibetC, cacities.orq Representative (916) 658-8248; Darkerp~cacities.°rq Rebecca Caporaso,'Exposition Manager (916) 658-8237; ~'caporasoC, cacitieS.orq Helen Marshall, CityBooks Manager/PUblications Sales Dayna Casper, Administrative Assistant. (916) 658-8257; marshalhC, cacities.orq (916) 658-8227; dcasperC, cacities.orq Lorraine Okabe, Inquiry Services Manager Liz Birmingham; Conference Logistics (916) 658-8236; okabe ¢,cacities.or.q Coordinator (916) 658-8251; birmin.qham@cacities.orq Mary McCullough, Library Assistant (916) 658-8247; mccullom~cacities.orq Legal JoAnne Speers, General Counsel Kristy Jensen; Administrative Assistant (916) 658-8233; speersi~.cacities.orq (916) 658-8276; iensenC, cacities.orq Stephen Traylor; Assistant General Counsel Magdalena Bush, Administrative Assistant (916)'658-8281; stra¥1orC, cacities.or.q (916) 658-8226; .mbush~cacities.orq Alisa Fong, Deputy General Counsel (916) 658-8266; fonqC, cacities.orq Institute for Local Self Government JoAnne Speers; Executive Director ! Mike Madrid; Director of Public Affairs (916) 658-8233; speersi~,cacities.orq (916) 658-8272; madrid@cacities.orq Bill Higgins; Program Director, Land.Use Sara Friedman, Policy Specialist (916) 658-8250; hiq.qinsb@cacities.orq (916) 658-8216; sfriedman@cacities.orq Charles Summerell; Project Director, Fiscal Cheryl Yerxa, Adminstrative Assistant (916) 658-8259; summerc~cacities.or.q (916) 658-8273; cyerxat~,,cacities.orq Public Affairs Le.qislation and Policy Development Dwight Stenbakken; Director of Policy Analysts Legislation/Policy DevelopmentJGrassroots Tony Cardenas, Policy Analyst (916) 658-8213; stenbakd~cacities.orq (916) 658-8243; tcardenas~cacities.org Liisa Lawson, Policy Analyst' (916) 658-8249; Iiawson~cacities.or.q Updated 12/20/2004 Jennifer Lewis, Policy Analyst Central Valley (916) 658-8226; ilewisC, cacities.orq Debbie Olson, Regional Representative Frances Medema, Policy Analyst (209) 365-1156; dolsonC, cacities.org (916).658-8218; medemafC, cacities.orq Channel Counties Genevieve Morelos, Policy Analyst David Mullinax, Regional Representative (916) 658-8254; gmorelosC, cacities.orq (805) 797-3530; dmullinax@cacities.org Support 'Staff Inland Empire, Riverside, Desert Mountain Tawni Escudero, Membership Services Representative Nancy Cisneros, Regional Representative (916) 658-8252; Escudero@Cacities.orq (909) 377-7110; ncisneros@cacities.org Yvette Harris, Membership Services David Wi!lmon, Regional Representative Representative ' (909) 788-4845; dwillmonC, cacities.orq (916) 658-8253; harriSyC, cacities.or,q Los Angeles County Linda Hicks, Membership Services Representative Patricia Alvarez-Sahagun, Regional (916) 658-8224; Ihicks~cacities.orq Representative (562) 572-7470; alvarezsahaqunCb, cacities.or.q Pamela Paul, Membership Services Representative, So. Cai. Jennifer Quan, Regional Representative; (626) 305-1315; ppaulC, cacities.orq Executive Director, Los Angeles Di~/ision (626) 786-5142; iquan~cacities.or.q Adrienne Schmeling, Administrative Assistant (916) 658-8278; schme nq~cacities.orq Ann Marie Wailace, Regional Representative · ' (562) 572-7468; amwallace~cacities.or.q Legislative Representatives North Bay, Redwood Empire Daniel Carrigg, Legislative Director (916) 658-8222; carriq.qd@cacities.orq vacant Yvonne Hunter, Legislative Representative Orange County (916) 65.8-8242; huntery@cac ties.orq Michael Gold, Regional RePresentative, Orange County Jean Korinke, Legislative Representative (714) 972-0077; m.qold@occities.orq (916) 658-8245; jkorinke@cacities.orq Sacramento Valley Amy O'Gorman, Legislative Representative (916) 658-8214; aogormanCb, cacities.or.q Bryan Barr, Regional Representative (916)768-8127; bbarr~cacities.orq Anthony Thomas, Legislative Representative (916) 658-8279; athomas@cacities.orq San Diego County, Imperial County REGIONAL REPRESENTATIVES Catherine Hill, Regional Representative (619) 295-8282; chill@cacities.orq Bay Area South San Joaquin Valley Rebecca Elliot, Regional Representative (408) 829-2946; relliotC, cacities.orq Catherine Bustamante, Regional Representative Deanna Sessums, Regional Representative (559) 351-2272; cmedinaC, cacities.orq (831) 429-6605; dsessumsCb, cacities.or.q Stacey Wells, Regional.Representative (510) 206-7253; swells@cacities.orq Updated 12/20/2004 For the first time in recent' memory, citiesand counties plaYed hardball Politics over the state .budget. Armed with an initiative, theY got their way in negotiations with the governor and the Legislature. But not · everyone believes the end result is good public policy. By Mary Lynne Vellinga- resno Mayor ,~,lan ,Xutry has an earthy way of describing the treatment local government officials traditionally receive dur- ing budget talks at the state Capitol. Until this year, he sc~id, any mayor heQdin9 to Sacra- mento "was sure to bring their proposal and their kneepads. More thQn likely, you were summarily d~smissed. And ~f you mQde a stink about it, they threatened to remove the few crumbs.left on your table." This year, however, local elected officials ~ried ~ new approach: hardball politics. Putting Qside their traditional differences, cities, counties and special districts bcmded together to protect their money from annual plundering by the state Legislature. Their main .weapon: on initiative (Proposition 65) that they qualified for this November's bc~tlot. The mec~sure b~rs the state from further raids on local coffers unless it obtains majoriW approval of votem st~tewide. Although mt~ny obse~ers predicted that voters would cel~:~t Proposition 65, the coalition used the threat of its pc~ssc~ge to bring Governor Arnold .Schw~rzeneoger to the :~'2. Calilornia .Joqrnat negotiating table. Sd(wa[zenegger together as never before, and legisla- would bar the Legislature from chang- agreed to support them if they would tors eventually agreed to a less iron- ing the amount of sales tax that local kick in $2.6 billion over the next two clad- but still unprecedented--deal governments collect or redistributing years to help dig the state out of its to protect local vehicle license fees~ it among.local entities without voter currer~t fiscal hole. The revised budget and property an~t sales taxes from approval he released in May contained lan- diversion to the state. The compromise itself still needs guage similar, to Proposition 65. That cc~mpromise requires a two-- voter approval. As such, it appears on But Schwarzenegger wasn't the thirds vote of the Legislature to sus- the November ballot as Proposition only player at the table. The-other pend the protections on property taxes, lA. SchWarzenegger agreed to cam- participant was the Democrat-con- If the Legislature voted to declare such paign for it, and potential opponents, trolled Legislature, which balked, an emergency, the local monies ap- such as unions representing 'teachers warning that putting local funds off- - propriated would be considered a loan and state workers, appear less Iikely to limits could result in cuts to social and would have to be paid back with fight it now .that its provisions have services, highways or colleges in times interest within three, years. Language been toned down. of fiscal'crisis. But local leaders hung added at the cities' insistence also Atthough local governments were The cowboy quarterback Fresno'Mayor Al. an Autry has played many roi. eS in I. ife: pro footbal.[ pl. ayer, actor, potitician..But Autry assumed his most ambitioUs rote this summer when he hel. ped I. ocal. government muscl, e in on the state's budget negotiations. ' By Jennifer M. Fitzenberger Fresno Mayor Alan Autry clc~ps his way through the halls of the state Capitol in a suit, a tie and a pair of worn cowboy boots. Autry, the burly 52-year-old former Hollywogd actor and professional football player who now runs California~s sixth-largest city, wears his boots just about every day, especially for important occasions like pitching the League of California Cities' local ' government funding plan to the state's top lawmakers. "My wife ii great at picking out suits, but she hasn't been able to get me out of my cowboy boots," Autry says in his characteristic southwestern twang. "It's a reminder to me of where I've come from and where I've been." Autry, the son of farm laborers, grew up in the dusty fields' of rural Central California. After more than two decades in film and television, he turned to politics, ~in- ning election as Fresno's mayor in 2000. In July the Repub- lican was picked by mayors of California's largest cities to lead a crusade against state poaching from local govern- ment coffers. It wasn't your typical, polished choice. Autry is loud. He's stubborn. And just a few months ago, he was the most vocal Republican critic of Governor Arnold $chwarzenegger. But mayors of California's big cities liked his tenacity, even if it sometimes rubbed people the wrong way. 24 California Journal ~i:d~y Over the results, their success "We're stronger than ever before be- part of the'state, and he has a close has created a thorny and somewhat cause [legislators] knowwemeanwhat relationship with Schwarzenegger. confusing competition between Propo- we say and we'll take action. We also "He has access to and is friends sition lA and the locals' own Proposi- have a governor on our team." with the governor," Fargo said. "He's tion 65. If both pass, the one with the The choice ofAutryand LosAnge- also on the League board, and most of highest number of votes kills the other, les Mayor James Hahn to represent the the other big city mayors are not.' Proposition65proponentsplant0clear cities is one 'indication of how the Besides Autry and Hahn, the up the confusi6n thusly: Their official - locais were mindful of politics this league was represented by ~its e×ecu- ballot argument in favor of Proposi- year. As mayor of the state's largest rive director, Chris McKenzie. tion 65 will urge voters to. vote against city, Hahn was an obvious choice. The California State Association it and fo/' Proposition lA. SacramentoMayorHeatherFargosaid of Counties (CSAC) sent executive dj- Lewis Carroll-like election strat- · she suggested Autry as the other lead rector Steve Szalay, along with Super- eg~) notwithstanding, local politicians negotiator for several reasons: He is visorValerie Brown of Sonoma Count, are pleased, one of onl~z a few Republican big-city a fo~merlegislator, andSupervis9rPaul "This is historic s.tuff," said Au?y,. mayors, he comes from the central Stein of Calaveras County. "He's not afraid to say what he needs to say,", says Long paigned against the measure, likening the state to a spend- Bea~:h Mayor Beverly O'Neill, one of several who nomi- lng addict who desperately needed a money fix. hated Autry to represent cities alongside Los Angeles Mayor Autry knew Schwarzenegger from his acting days -- .James K. Hahn. "Sometimes being outspoken and saying thetwometabout20yearsagoata LosAngelesgym-~.and 'exactly whatyou mean is a real positive, and he's able to do supported his friend's recall candidacy. But Autry became that." increasingly critical of Schwarzenegger's decisions after the Autry was born in Louisiana in 1952, but he spent most new governor took office. Autry slammed everything from of his childhood in.the tiny farming town of Riverdale in Schwarzenegger's proposed mid-year budget cuts to his southern Fresno County. His parents followed the crops, rolling back the car tax without immediately reimbursing picking cotton and fruit in the lush fields. The 6-foot 3-inch- cities for lost funds. The feud attracted national attention. tall Autry won a football scholarship to the University of The two made amends in April, and Autry has since praised Pacific i~ Stockton, and later spent three years as a quarter- Schwarzenegger for his appointments to key education back for the Green Bay Packers in the mid-1970s. He started boards and for standing up for local governments. five or six games for the Packers, but his arm quickly wore "This governor broke all the old roles, and thank God out. he did," Autry says. '1 had a great career going until they put me in," Autry Chris McKenzie, executive director of the League of says with a chuckle. California Cities, says Autry played a key role in the local Inspired by the movie "Rocky" about a struggling government budget deal that trades short-term pain for boxer trying to make it big time, Autry took up acting. He long-term financial stability: "He's been a strong advocate won roles in ari array of films and television shows, includ- for cities of all sizes." lng bit parts in "The Dukes of Hazzard," the "A-Team" and Others are more critical, saying Autry did little to sway "Cheers." His most memorable role was Captain Bubba Democratic minds and angered some with his in-your-face Skinner on the cop series "In the Heat of the Night." approach. Senate President pro Tempore John BUrton (D- Autry says he felt the need to give back to society, and San Francisco) met face-to-face with Autry during budget decided to run for mayor of Fresno. "I felt that things were talks. "1 don't think he's'a negotiator. I think he just takes a out of whack here in terms of education and quality of life position and sticks with it," says Burton, adding that Autry's between the haves and the have-nots," he says. "1 felt my lobbying didn't change the way he felt about city funding. life experience Would give me some tools that could be Political veterans in Sacramento weren't used to Autry, beneficial in tearing those walls down." with his seemingly endless supply of cheesy one-liners and After his election in 2000, Autry quickly built a reputa- the cowboy boots he wore with his suits, but few would tion for being strong-willed, clashing several times with argue that he left an impression. local leaders. But Fresnans stood by their mayor, and he "My personal goal was to not waver on our commit- easily won re-election in March with nearly three out of ment to ending the arbitrary state raiding of local treasur- every four votes cast. les," Autry says. '1 never lost focus of that."~ Celebration, though, was short-lived for Autry, who was reeling from the passage of Schwarzenegger's $15 JenniferM. Fitzenbergeris a CapitolreporterforThe Fresno billion debt recovery bond. Autry had feverishly cam- Bee. Send comments to comments@californiajournal.org S~.p~ember 2004 25 Legislative dissent lng or focusing on attracting high- association of counties -- say they But some legislative leaders be- paying jobs., could no longer wait for the Legisla- lieve the locals have crafted bad pub- Steinberg and other legislative lure to act. tic policy, leaders also thought they had a deal "It was more important for us to Assembly 'Budget Committee with the governor in early luly to pro- stay together and protect local gov- Chairman Darrell Steinberg (D-Sacra- tect aggregate taxes but leave the state eminent revenues," said Fargo, who mento) opposed Schwarzenegger's flexibility to shift sales taxes among s.upported AB 680. "We've been losing deal with local govern.ments on the local governments themselves. The money to the state for l2 years, andfor grounds that it would make it much proposal also would have allowed the a good part of that time the state had harder to reform a broke'n fiscal sys- Legislature to tap local property taxes' a budget surplus." tern in which cities and counties rely with a two-thirds vote. rather than Local offickfls still fume over the too heavily on sales taxes. Critlcshave providing the constitutional proteo fact that politicians in Sacramento long maintained that this dependence lion sought by local governments, never undid a 1992 shil:t of 53 billion drives cities and counties to approve Word of this deal touched off a in property tax revenues from local excessive amounts of retail develop- flurry of lobbying by local politicians government to schools. McKenzie said mentwhilenotbuildingenoughhous- over the Fourth of Iuly weekend, that shift has cost cities and counties Schwarzenegger called press confer- $44 billion in revenues. ences around the state to announce Given this reality, members of the ty t that he would stand firm with cities 106-year-old League of California cit- Clark C0un School Dis riot and counties. The two-thirds thresh: les decided to dramatica,>' change Las Vegas, Nevada. old eventually made it into the final their approach to lobbyin9 the Capi- deal, but cit{es and counties got their tol. That effort began three years ago 12 Ad way on other issues, including the. when the league increased its dues to K- ministrat0rs sales tax. hire political organizers charged with "You've got to give the cities buildingagrass-rootsnetworkoflocal credit," says Steinberg, himself a vet- politicians who could be available to Fhe Clark County School District, sixth larges eran of local government as a Sacra- work on campaigns. in the nation, is accepting applications for menlo city councilman in the 1990s. '"We've developed the abili ,ty to "T w hey ere very strategtc and they goi hold concurrent news conferences school administrators, K-12, the money together to put Proposition around the state," McKenzie said. Excellent careeradvancement' 65 on the ballot. That created the About the same time, the association leverage to be able to negotiate their of counties identified"strength through 0pp0dunities, competitive salaries and agreement. On ~che other hand, I think coalitions" as its top priority, Szalay geographical location continue to make the end result is vety bad public Policy." said. Reforming the taxation system His~torically, California cities and our scb001 district highly attractive has been one of Steinberg's pet issues, counties often have found their inter- f0i professional educators/administrators, He gained national attention with .AB ests at odds. But the two groups ioined 680, a bill that would have required forces. They brought in the special local governments in the Sacramento districts, and formed a coalition called To submit an application visit 0urwebsite at: re¢onto share some of their sales LOCAL, or "Leave our Community taxes. The measure died amid intense Assets Local." "?'"?:?" csd t/j b oppositionbysuburban, sales-tax-rich The coalition was born "out of the -,', ,'.?, www, c ,fie o s citiessuchas Roseville, Folsom and Elk very firm belief that if we didn't pull · ~ 'q..,.i' .:'. Grove. But even those local leaders together and protect each other, we'd ,;,.;;..,i.;.~;.g~3 who generally support Steinberg's bedividedbythestate,'McKenziesaid. ideas about reform -- including the In 2002, the groups crafted cz hal- 26 Ca ()rnia Journal lot initiative but decided not to pursue counties perform on behalf of it. They came back to the idea after the state--for which payments being targeted, yet again in the budget are often deferred in hard bud- this year. Local politicians gathered get times.' ballot signatures in front of grocery Szalay called Proposition lA an With one caveat'. Local govern- stores. Fargo said she carried her peti- "excellent" measure. It also stands a ments must convince the electorate to tion around in her purse everywhere, much better chance of passing than dele'at their own measure (Proposition asking people to si'gm did Proposition 6.5, said Ken Emanuels, 65) and pass one put on the ballot by The thi'eat of Proposition 65 may a lobbyist for Sacramento and other the Legislature (IA). Thatwill undoubt- have brought Schwarzenegger to the cities, edty be an effort worthy of "Alice in table, but he wa~ already' inclined to "We've got a very,' popular politi- Wonderland." .~,, come, said participants in the nego- clan supporting it for us." he said. tiations. As a political newcomer, "Withthegovernor'sendorsementand Ma~,Lynne!/ellingaisareporterfor Schwarzenegger may not understand his signature on the ballot arguments, The Sacramento Bee. Send comments to the intricacies of local government ' the chance for success is very high." comments@californiajournal.org finance, but he t~nderstands that cities arid counties "provide core services that people ~are about the most," said Chuck Dalldorf, Fargols chief of staff. WhilethemayorsofthelOlargest The Community College League titles took the lead in negotiations. they reported back daily to the league of California salutes the '81,000 board, comprised of representatives frommosttysma'lleriurisdictions. Par_ faculty, Staff and elected tic.ipants say there was li~le dissent ,n trustees that serve students at the league, an orgamzation known 'for fracturin9 alan99ebgraphic and the 109community cOlleges demographic lines. "Everybody hun9 together: it was across California. extraordinary," Dalldorf said.~ "Of the three g[oups involved in'~ · the.neg.otiations, the League of Cities was most aggressive in demanding protections. Cities are more depen- dent on sales taxes than counties, and the league would not accept any deal that didn't bar the state from reducing or reallocating the 1 percent sales tax collected by local jurisdictions. ~ - ~ The' counties won a significant victory with the inclusion of language that would allow them to suspend California Community Colleges programs created by the state if the - · ..... ' statedoesn'tpayforthem.$zalaysaid Keeping the doors open since 1910. thi,s language would apply to a "host of health and humun services" that A message from ~he Community College League of California. Sep[e 'nber 2004 27 LEAGUE OF CALl FOPd',IIA CITIES - . I.nfoS o.u r.c,e C 1',~TV Get the best resources on... Why InfoSource? Arch Lustberg Video_s .......................... California Studi~s ............................... 1 Tru.stO~ ~w,,ce,ac.e .Community Involvement ..................... 4 · Our resources provide you with both trusted information compiled by League'of Conflict Resolution ............................. 7 California cities professionals and volunteers as well as more than 500 titles Econo'mic Development ..................... 10 from major publishers. Finance ........................................... 12 General Business ............................. 13 ~y o~o~ ~t'~ Government .................................... 19 Since its founding more than 100 year ' 26 ago, the League of California Cities has Leadership ....................... ............... set the standard for providing city League Logo Merchandise ................. 30 officials in California with the advocacy, training and resources to maximize their Management ................................... 30 effectiveness in local government. Planning & Land Use ......................... 38 Technology .....................................~45 Focu~o~Pr~~ro~C/~ League & Affiliate Publications ........... 47 city officials look to the League of California Cities for practical, current · League of California Cities ........... 47 information on local government and · CAP~O ....................................... 49 professional development topics to · CCMA 49 achieve a stronger, more influential and more effective government system. · CCMF ........................................ 50 · CMTA ........................................ 50 · ILSG ......................................... 51 Order Form ................ Inside Back .Cover Fall 2.004. · ;.,.~...' · ~k is an ~ ~,? ~' ~::~'~ ~;~ mu mc!pal~ se~ce -- 3roduc~and~se~ces.: ~ No~reg~stmfionqsr~u~md:--,'- '~ :? OCU~en~ .~n.. -~ ...... ?:" '~""'~'"" ....... ;p~fe~ed but ~he League's~Sacra- ment or~emailed to ' '?:'' · ~ I'T I:'E S /:okabel~cac~bes. g.--,~. ''~ , ,,'. ,... ?,~,. ~ ~.. :- ' :. ~400 K ~t, Suite 400 'YouR'~Fi~G~R'TIP~ '~ .~ ~, .,.:~ ~,-~ ...... ' ~-r,'-- _ ~, ..' ',- ~...: Sa~amento, CA 95814' - - ~'~ r- n nQsug IOnS are' - "'" ~t~'' '~ ~' /~'~,},, ~l:: - L,, ,~ .~' L always W~l~m~:~ 9~5~240 ............. ,~,. ................. _:. ,. ?'- ~.~cities,org *-'~ke~'as muchinforma- ~ .~_ -~ The League Inqui~ ~ · Book - mpods, publications organized:by subjeCt:~;.By'using~.~>~!: · ~,.:. ~. ~. for loan to members from re.rd ~pe .~ordinan.~,~, ~: .... documents and links. ~ · Helen Putnam - summaries /::~" ~:~: and contacts for Past winners ac~ssed and currant appli~nts (2001- ~ bY inks: present). ?. Onhne municipal ~des at: · Ordinance - links to sample .~ ' -. · municiPal ordinances. ~;'~,~c~bes.org/mum~des ?; Onhne cha~em at: · Video~pe - videos from ~:~,~iti6~:o~g/cha~m cities and.others available for ers.' ~:? If you~:ci~:j~ot:![sted, please ;~ okabel~cities.org~ presen~tions made'at .':. - * League ~nferen~s and ..... meetings. Contacting the League of California Cities Main Number (916) 658-8200 Southern California Office (626) 305 - 1315 Orange County Division (714) 972-0077 Library Inquiries (916) 658-8236 CityBooks & Publications (916) 658-8257 Western City Magazine (916) 658-8223 The Annual Conference Exposition (916) 658-8237 MuniLink: www, cacities.o rg/mu nilin k Corporate Partners (916) 658-8248 League Web site: www. cacities,org · ;,: V~estern City Web site: www,westerncity,com '~ I~G Web site www ilsg org i phone (916) 658-8200  fax (916) 658-8240 Advocating for Cities City 0 ffi cia l s: · Administrative Services The core function of the League of California Cties s The Key to Effective Advocacy Housing, Community and Economic Development areas of service within city government, the · ' ' · · · Municipal Departments -- Reflecting the major advocating for cities. Our mission statement reflects this commitment to "restore and protect local Personal involvement is key to the success of the ' Community Services League sponsors and staffs II different municipal control for cities through education and advocacy to League and cities. City officials have a number ° Public Safety departments. City officials are provided a forum enhance the quality of life for all Californians." of ways to become involved with shaping and · Employee Relations to network with other professionals about supporting the League's mission, issues affecting their work. Through educational The key to effective advocacy is membership i · Revenue and Taxation programs, newsletters, and electronic Iistserves, city involvement in all advocacy efforts. The League has Board of Directors -- The League's board of ~ · Environmental Quality professionals are better informed about important issues, acquire enhanced leadership skills and several ways that staff and city officials advocate on directors is comprised of city officials from each of its I · Transportation, Communications facilitate cross training among cities. behalf of cities. 16 regional divisions and II municipal departments, as Legislative and Regulatory_ A full-time League well as at-large directors and officers to help balance and Public Works Municipal Departments: population, geographic and ethnic representation. Regional Divisions -- Divisions piay an important · City Attorneys lobbying staffworks with city officials to promote Board members set short- and long-range goals and role in the League's advocacy worl$ and are the best · City Clerks legislative and regulatory measures that protect and establishing League policy. enhance cities' ability to provide local services. The : possible opportunity to gain necessary input and League also advocates against measures that would Policy Corem ttees -- City officials from across the ~ counsel from city officials dispersed throughout a · City Managers undermine local control or reduce a city's ability to 'state are appointed annually to serve on the League's 'e' -'~- s · . . . r tives · Fire Chiefs manage its own resources. ~ large state. The Grassroots Reg onal Renresenta eight standing policy committees. These committees ~7~ ,. ~ taffthe d~ws~ons, working closely with division meet several times throughout the yeah They assist ~' ~officers to develop informational programs and carry ° Fiscal Officers Legal -- Working closely with city attorneys involved the board in its policy-setting responsibilities by ~out g~ras, sroots act~wt~es appropriate to support -- with the League's Legal Advocacy Committee, reviewing and recommending actions regarding 'D' "ipecmc ~egislative or regulatory goals. ° Mayors and Council Members - ' Personnel and Employee Relations the League's Legal Advocacy Program aggressively legislation, issues or proposed ballot measures. ~D"'~ ~' defends local control and fiscal stability through Appointees are selected from each of the League's -- ' Planning and Community Development friend-of-the-court filings in appellate cases. 16 regional divisions and II municipal departments as ~ Regional Divisions I Redwood Empire ' Police Chiefs Grassroots Network -- Utilizing its network of 16 well as by the League president. The Committees are: regional representatives in field offices around the 2. Sacramento Valley ° Public Works Officers state, the League organizes local advocacy activities 3. Centrat Valley ' ° Recreation and Community Service among city officials and coalition partners to support its organizationa goals The 4. South San Joaquin , Valley i Caucuses -- We believe that our organization Network uses grassroots activities to League of California Cities' 5 Desert Mountain t should reflect the same diversity as the cities we counter the growing influence of campaign Advocacy Tools 6. Inland Empire * serve. The League includes African-American and contributions, which the League and cities 7. Riverside County Latino Caucuses that help support and advance are prohibited by law from making. 8 Imperial County the League's mission within their respective Ballot Measures -- The League takes COmmunities. positions on ballot measures that set poticies or establish programs affecting California cities. Action for Better Cities (ABC), the League's 501(c)(4) organization, is the ~-eague's tool for actively supporting, opposing or possibly Sponsoring ballot 9. San Diego County measures (if the League should determine l0 Orange County that a ballot measure is needed to maintain i !. Los Angeles County or protect cities' ability to provide local services). 12. Channel Counties 13 Monterey Bay !4 Peninsula 15 East Bay 16 North Bay Contacting t}~e League of California Cities Main Number (916) 658-8200 Southern California Office (626) 305-1315 Orange County Division (714) 972-0077 Library Inquiries (916) 658-8236 CityBooks & Publications (916) 658-8257 Western City Magazine (9161 658-8223 .The Annual Conference Exposition (916} 658-8237 luniLink: www. cacities.org/munilink Partners (916) 658-8248 ~ Web site: www.westerncity.com 1400 K Street Sacramento, CA 95814 phone (916) 658-8200 fax (916) 658-8240 www.cacities.org · - Eie, c led Official h-aJrm~:~] m~d Educ,~tlon Seuslonx Municipal Dep;u-tmem J:'~-o~'_:r,uns Western Cily Ma~qazine and Priority Focus League Training The Mayors and Council Members Academy (MCA) The League sponsors and staffs Il departments that Western City (www.westerncity. com) -- Available in ~' ]~clucatiol~. Pl~ogTal~ls is a certification program for newly elected officials correspond with functioning departments that exist print and online, Western City Magazine is the state's Training programs guide new and continuing and those continuing in elected office that want a in most cities. Departments conduct educational premier publication on issues, trends, programs . greater understanding of municipal government and programs that update professionals on issues, and practical ideas of interest to cities. The monthly municipal officials in matters basic to city government, their own leadership responsibilities. Topics include enhance their leadership skills and allow for cross magazine reaches more than 10,000 readers and Examples include compliance with California's open basic city structure and governance, leadership skills, training among cities. Opportunities to learn from offers advertisers a unique opportunity, in print and meeting laws, revenue sources available to cities, laws relations with city Ynanagers and department officials, other municipal departments are another benefit, online, to reach readers interested in products and pertaining to cities' roles and responsibilities, and Brown Act provisions, ethics, municipal law, fiscal as participants often attend programs sponsored by services for cities. governance and leadership skills, management and land use. Sessions are offered at the other departments. Priority Focus -- The League's weekly online Education programs help city officials develop their elected official seminars, the annual conference and leadership abilities and stay abreast of policy issues, special programs, Some of these special programs The Leag~ue's Online Camaus, (www. caci~ies.org/ed) developmentsrep°rt updateSimportantreaders OntolegislatiOncaliforniaandcities.pOlicy Opportunities include running effective meetings, include: ~ ~ The League offers online professional development ~,~ , emerging issues and trends, programs developed by programs -- accessible to busy city officials anytime, Institute for Local Self Govemmen'~ Services other cities to address specific problems, and sessions · The Mayors & Council Members Institute is a anywhere! (www. ilsg.org) that explain the requirements of newly enacted laws. part of the MCA series. The Institute helps newly The Institute for Local Self Government is the elected officials understand the basic legal and ] 1'~ 1COl'lTl a tioll m~esources nonprofit research arm of the League dedicated to .An n u al E d u c a t i o n practical framework in which city officials operate, developing information that helps local officials serve Veteran officials sometimes use it as a refresher The League employs a range of tools to provide city their communities, Key priorities include preserving 8,: Tr a i n i n g O t~ p o r t u n i t i e s course. Training is offered annually about two officials with the information they need to serve their land use authority, promoting fiscal stability and months following Election Day in a majority of cities, cities effectively. ~ fostering public confidence in local government. Each year the League hosts a four-day conference · The Mayors & Council Members Executive Web Site (www.cacities,org) -- Our Web site is League Publications and CityBooks Bookstore to conduct the business of the organization, provide Forum is an advanced program held in July for a growing resource for our members, the press elected officials and staff interested in cutting-edge and individuals interested in city issues. Visitors ~ The League and the Institute for Local Self training and educational sessions for city officials, Government publish guides and handbooks that cover and offer extensive networking opportunities. City approaches to challenges facing cities, can search and track state legislation, monitor legal advocacy, research city ordinances, register for League ~ a?i~,~ range of municipal issues. Our CityBooks officials benefit from the exhibits of companies and · The Leadership Team Workshop is an intensive conferences and training programs, purchase League -~ "'~ ~ bookstore sells the publications at conferences and organizations that offer products and services to session for mayors, council members and city and other publications and follow League activities, online (www,caot~es.org/c~ybooks), along w t cities. The conference also showcases winpers of the managers that provides an opportunity to commercially published books on city government League's annual Helen Putnam Award for Excellence, assess and improve team building and working issues, leadership and management, which recognizes and promotes outstanding efforts relationships among city leadership. The workshop and innovative solutions by city governments, is offered twice a yeah Contacting the League of California Cities Main Number (916) 658-8200 Southern California Office (626) 305 - 1315 Orange County Division (714) 972-0077 Library Inquiries (916) 658-8236 CityBooks & Publications (916) 658-8257 Western City Magazine (916) 658-8223 The Annual Conference Exposition (916) 658 - 8237 MuniLink: www.cacities.orglmu nilink Corporate Partners (916) 658-8248 League Web site: www.cacities.org Western City Web site: www.westerncity.com ,~T,~_~tL,-SG Web site: www. ilsg.org Advocacy Education & Training city issues, the League's Web site (www.cacities.org) Networking Services allows visitors to search and track state legislation, The League advocates for cities in a number of ways. The Annual Conference is the League's biggest monitor legal advocacy, research city ordinances, League educational programs and conferences It employs a full-time lobbying staff to advocate for event, giving city representatives the opportunity to register for League conferences and training provide opportunities for valuable networking and legislative and regulatory measures that protect and guide the organization's governance and set policies programs, and stay informed of League activities, information sharing among city officials, A number enhance cities' ability to provide local services, and and priorities. Conferees also benefit from a broad of e-mail-based listservs provide communication against those that would undermine local control or range of educational and networking opportunities, The League also publishes Priority Focus, a weekly forums for members to ask questions, make reduce cities' abilities to manage their own resources, and from the extensive array of exhibitors'.displays online report providing updates about legislation and comments, share ideas and network on shared at the Annual Exposition. In addition, professional policy developments, and Western City Magazine, interests with other members statewide. Assisted by city attorneys with the Legal Advocacy conferences present opportunities for city officials the state's premier publication dealing with issues, Committee, the League conducts legal advocacy to network and learn with peers from around the trends and practical ideas of interest to cities. The The League's annual Helen Putnam Award for by actively seeking out appellate litigation with the state in an interdisciplinary environment that focuses magazine is published 12 times a year and reaches Excellence is designed to honor cities that have potential for statewide impact and coordinating the exclusively on education activities and policy issues, a broad audience exceeding I 0,000 readers. The developed outstanding solutions to community filing of "friend-of-the-court" briefs that protect the Western City Web site (www.westerncity. com) problems or developed programs to better serve the principles of Iocal control and fiscal stability, presents the magazine content and opportunities for needs of residents and businesses. Award-winning advertisers to reach readers interested in products programs are highlighted throughout the year at the It employs 17 regional representatives in field offices InlCormation Services and services for cities. League's Annual Conference and in Western City to mobilize city officials and coalition partners in a Magazine, so that other cities can benefit from these Grassroots Network. These grassroots activities The League provides information to support cities CityBooks, the League's bookstore, offers more than good ideas and innovations. augment and support the League's legislative lobbying in a variety of ways. The Institute for Local Self 300 titles of particular relevance to local officials, efforts in Sacramento and Washington, D.C. They Government (ILSG) is the League's nonprofit including the many League-produced publications Finally, the Corporate Partners program provides are intended to counter the growing influence of research arm, dedicated to providing information designed to help members lead and manage a unique opportunity for businesses to engage and legislative campaign contributions -- which the that helps local officials serve their com~nunities, their cities. All these publications are available at interact with city officials who can benefit from their League and cities are prohibited by taw from making Key priorities include preserving land use authority, conferences and online at www. cacities.org/citybooks, goods and services. -- in determining statewide policies that affect cities' promoting fiscal stability and fostering public abilities to deliver local services, confidence in local government. The League also takes positions on ballot measures, · Research experts are available to consult with city when those measures would establish programs and officials through the League Library, and to help policies that affect California cities. Action for Better cities share useful information with one another. Cities (ABC), the League's 501 (c)(4) organization, is Sample ordinances, conference papers, periodicals the League's tool for actively supporting, opposing, or and League publications on many topics affecting possibly sponsoring a ballot measure (if the League cities are also available through the library and the should determine that a ballot measure is needed League's Web site. A growing resource for members, to maintain or protect cities' ability to provide local the press and thousands of individuals interested in services).