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Council Meeting Date: 02/16/2010 Department ID Number: AD 10-005
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Mayor Pro Tem Jill Hardy, Chair on behalf of Intergovernmental Relatio
Committee Members, Council Members Joe Carchio and Devin Dwyer
PREPARED BY: Patricia Dapkus, Department Analyst, Senior
SUBJECT: APPROVAL OF A CITY COUNCIL POSITION ON LEGISLATION, A
REGULATION, OR BUDGET ISSUES PENDING BEFORE A FEDERAL,
STATE, OR REGIONAL GOVERNMENT AS RECOMMENDED BY THE
CITY COUNCIL INTERGOVERNMENTAL RELATIONS COMMITTEE (IRC)._
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis,
Environmental Status, Attachment(s)
Statement of Issue: Approval of a City Council position on legislation, a regulation, or budget
issues pending before a federal, state, or regional government as recommended by the City Council
Intergovernmental Relations Committee (IRC).
Funding Source: N/A
Recommended Action: Motion to:
1. APPROVE the 2011 Federal Funding Agenda establishing those items on which our
Washington lobbyist will focus attention during the current Congressional session.
2. APPROVE Resolution 2010-16 , a Resolution of the City of Huntington Beach in support of
the Local Taxpayer, Public Safety, and Transportation Protection Act initiative.
3. AUTHORIZE the Mayor to send a letter of support for implementation of SB 827 to the
California Environmental Protection Agency.
Alternative Action(s):
Do not take the recommended action on one or all of the above and provide direction to staff on a
possible city position.
REQUEST FOR COUNCIL ACTION
MEETING DATE: 02/16/2010 DEPARTMENT ID NUMBER: AD 10-005
Analysis:
1. APPROVE the 2011 Federal Funding Agenda establishing those items on which our
Washington lobbyist will focus attention during the current Congressional session.
Each year city departments are asked to provide a list of those projects for which they would like to
seek federal funding. Based on those submittals, meetings are scheduled with our lobbyist in
Washington, Charmayne Macon of the Ferguson Group. From these meetings Charmayne
determines which requests are most likely to get funded. She makes this determination based on her
knowledge of which appropriation bills will be moving forward during the year and an understanding of
those projects our legislators are most likely to support.
This year the list she is recommending includes:
• Water Infrastructure Improvement Projects
• Hazard Mitigation Improvements to the Murdy Fire Station
• Lead clean-up funding for the old gun range site
• City-wide Energy Efficiency Projects
• Local Roadway Projects under the SAFETEA-LU reauthorization
More detailed information on these funding requests is attached under Attachment 1. It is important
to note that economic uncertainties and uncertainties about the direction of the federal budget may
impact these requests in terms of the amounts requested or the agency under which they will be
requested.
2. APPROVE Resolution 2010-16 , a Resolution of the City of Huntington Beach in support
of the Local Taxpayer, Public Safety, and Transportation Protection Act initiative.
A coalition of local government, transportation and transit advocates recently filed a constitutional
amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and
Transportation Protection Act of 2010, for potential placement on California's November 2010
statewide ballot. The initiative responds to the fact that despite repeated voter supported ballot
measures to stop State raids of local government funds, the State Legislature has seized and
borrowed billions of dollars in local government and transportation funds in the past few years.
This year's borrowing and raids of local government, redevelopment and transit funds, as well as
previous ongoing raids of local government and transportation funds have lead to severe
consequences including causing many cities to layoff police, fire and paramedic first responders, close
fire stations, delay road safety improvements, and stall economic development. Nearly $5.4 million
was taken by the state from the City of Huntington Beach Redevelopment Agency. This has impacted
the Agency's ability to provide affordable housing, first time home-buyers assistance, economic
development and infrastructure improvements.
Sacramento lawmakers have continued to ignore the will of the voters, and current law provides no
penalties when they take or borrow these locally-dedicated funds. Approval of this ballot initiative
would close loopholes and change the constitution to further prevent State politicians in Sacramento
from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering
with tax revenues dedicated to funding local government services, including redevelopment and
transportation improvement projects. Information on the ballot initiative is attached as Attachment 3.
The Intergovernmental Relations Committee is recommending that the City Council approve the
attached Resolution in support of the Local Taxpayer, Public Safety, and Transportation Protection Act
initiative.
-2- 2/9/2010 9:32 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 02/16/2010 DEPARTMENT ID NUMBER: AD 10-005
3. AUTHORIZE the Mayor to send a letter to the California Environmental Protection Agency
(CAL EPA) in support of implementation of SB 827.
In May of last year, the City Council took a position in support of SB 696. The language from SB 696
was approved and signed into law by the Governor under SB 827.
This legislation overturned in part a November 2008 state court decision which curtailed the ability of
the South Coast Air Quality Management District (SCAQMD) to issue permits to facilities that rely on
the District's internal bank of emission credits to offset their emissions as required by the Clean Air
Act. Facilities affected by this decision include essential public services, such as sewage treatment
plants, hospitals, schools, and landfill gas renewable energy which would generate about 150
megawatts. In addition, affected facilities include those that are exempt from the requirement to
provide private ERCs, where the District's internal bank provides the needed offsets. There will likely
be over a thousand permits that will not be able to be issued, or may not even be submitted to the
District, if the District has to wait another year before issuing any permits.
As approved, SB 827 provides an exemption to the moratorium as long as discretionary projects using
the credits are subject to CEQA, or covered by an existing exemption. It also requires the SCAQMD
provide stringent requirements to limit emissions and toxic air pollutants, to account for the use of
these credits in its air quality plan, and demonstrate that such use will not interfere with attainment of
the air quality standards.
At the present time implementation of SB 827 is being delayed by an eleventh hour petition to CAL
EPA by the Natural Resources Defense Council (NRDC). If the NRDC petition is granted it would
block more than 1,200 SCAQMD permits for small manufacturing businesses. This could delay as
much as $10 billion of investment in new projects in Southern California, already one of the hardest hit
areas during the economic recession. With unemployment hovering at 12.2% in California, and two of
the four counties in the SCAQMD area exceeding 13.8% unemployment, the loss of thousands more
jobs would be devastating.
The South Coast Air Quality District is requesting that cities within the District send a letter to CAL
EPA requesting they deny NRDC petition and allow the SCAQMD to move forward with issuance of
permits. Denying the NRDC petition should actually benefit the environment because it will allow
upgrades at aging facilities to proceed. These facilities will be able to replace older, higher-emitting
equipment with cleaner, more energy efficient equipment and modern pollution control technologies.
The Intergovernmental Relations Committee is recommending the City Council authorize the Mayor to
send a letter to CAL EPA in support of implementation of SB 827. A sample letter is attached as
Attachment 4.
Strategic Goal: The above actions meet the following strategic goals:
® Maintain, improve and obtain funding for public improvements
® Maintain and enhance public safety
Environmental Status: NA
-3- 2/3/2010 12:46 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 02/16/2010 DEPARTMENT ID NUMBER: AD 10-005
Attachment(s):
Page Number No.City Clerki's
1. Draft 2011 Federal Funding Agenda
2. Resolution in Support of the Local Taxpayer, Public Safety, and
Trans ortation Protection Act initiative
3. Support information on the Local Taxpayer, Public Safety, and
Trans ortation Protection Act initiative
4. Sample Letter and back-up information on the request from the South
Coast Air Management District
-4- 2/3/2010 12:46 PM
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Huntington Beach, CA
FY 2011 Federal Agenda
PROJECT REQUEST FEDERAL NOTES
SOURCE
Water $1.95 M Army Corps of Authorization under WRDA
infrastructure Engineers- 2007 (P.L. 110-114, Section
improvement Construction and 5006)
projects EPA-STAG
Gun Range lead $2 M EPA -Brownfields
clean-up 01-
and HUD-EDIT
Murdy Fire Facility $500,000 FEMA- AK
�
Stabilization Predisaster R
Project (flood Mitigation Granter ON -
mitigation and ;�� Qp
s
seismic
improvements) r`
T
City-wide energy The City supports DOE - Energy City EECBG projects to date
efficiency projects the continuation Efficiency and include:
and increased Conservation ➢ LED streetlights for beach
funding in FY 2011 Block Grant parking lots and downtown
for the EECBG (EECBG) with public safety features
formula grant and energy savings.
program. ➢ Large scale municipal
solar projects.
➢ Energy saving
performance contracting
that saves energy,
updates city facilities and
reduces environmental
impacts.
➢ Streetlight audit of
Southern California
Edison's bills.
OCTA's - 405 The City supports SAFETEA-LU
Freeway Widening the request being Reauthorization
Project made by OCTA.
WR®A Projects
Storm Drainage Protects
Slater Pump Station
Need: Rebuild Slater Pump Station to upgrade capacity from current 735 cfs to
the estimated 100-year peak discharge of 1,310 cfs.
Special Considerations: Pump Station would be built in phases due to site
restrictions
Notes: USACE completed a Section 205 Preliminary Design Report in
September 2003
Cost: $8,000,000 (2003 Corps Estimate)
$11,200,000 (Adjusted by 40%) (Construction Only)
Heil Pump Station
Need: Rebuild Heil Pump Station to upgrade capacity from current 61 cfs to the
estimated 100-year peak discharge of 142 cfs.
Special Considerations: Property being purchased (local funding) for pump
station. Negotiations underway.
Notes: Construction documents underway with scheduled completion for
Winter, 2009
Cost: $3,000,000 (Construction Only)
Newland Pump Station
Need: Rebuild Newland Pump Station to upgrade capacity from current 473 cfs
to the estimated 100-year peak discharge of 1,161 cfs.
Special Considerations: Adjacent property is SCE easement with temporary
storage units.
Notes: Project would include RM, Design and Construction
Cost: $9,000,000
G:\Dapkus\INTERGOVERNMENTAL\Funding Files\2010 Funding Files\WRDA Projects 2009.doc
S-6-SC-1 Channel Improvements
Need: Flood Control channel improvements at strategic locations to reduce
head loss to increase capacity.
Special Considerations: Existing low lying area adjacent to channel. Phase 1
recently completed.
Notes: Hydrology Report completed in 2002. Project would include
Design and Construction
Cost: $5,000,000
Natural Treatment System - East Garden Grove Wintersburg Channel Urban
Runoff Diversion Phase I
Need: Divert an estimated 1 million gallons per day (mgd) of dry weather urban
runoff from the regional East Garden.Grove Wintersburg Channel
(EGGWC) into a newly constructed treatment wetland system for water
quality improvement purposes.
Special Considerations: Project was awarded a Proposition 13 grant in the
amount of $2,326,000 and in December 2008, the
grant was frozen. The project was also awarded an
EPA grant in the amount of $288,000.
Notes: CEQA review completed and design is approximately 75%
complete. Project would include Construction
Cost: $6,810,000
HUNTINGTON BEACH FIRE DEPARTMENT
MURDY FIRE STATION SUMMARY AND FACILITY NEEDS
Facility Summary
Fire Station 2-Murdy is one of eight paramedic stations in the City of Huntington Beach.
It is located at 16221 Gothard Street and is considered an essential service facility for the
city's population of 201,993 and 28 square miles. It provides fire, urban search and
rescue, paramedic, and emergency transport service to a high density residential area,
commercial establishments, industrial area, an interstate highway, a community college,
and the largest shopping center in the city. It is a single story facility of approximately
6,800 square feet, housing the following emergency response apparatus:
® 1 Aerial Rescue Fire Truck
® 1 Paramedic Fire Engine
® I Emergency Transport Ambulance
® 1 Urban Search and Rescue/Light Air Unit
There are a total of two aerial rescue fire trucks in the city. Accordingly, the one located
at Fire Station 2-Murdy Fire Station has a primary response area that includes 50% of the
city (37,000 households). As one of four emergency ambulances in the city, the unit at
this location has a primary response area of 25% of the city. As one of eight paramedic
fire engines in the city, the paramedic engine at this location has a primary response area
of 13% of the city but, as with the fire truck and emergency transport ambulance,the
secondary response area includes the entire city. On a 24-hour/7 days per week basis
these units provide emergency medical and fire responses outside of their primary areas,
both within the city and to neighboring cities via automatic aid agreements. The location
of these responses depends upon the availability of other emergency fire apparatus. Fire
Department standards and the City's general plan provide for the station's fire apparatus
to be at the scene of an emergency within five (5) minutes 80% of the time.
The City of Huntington Beach Fire Department is part of the state-wide master mutual
aid system which is administered by the State Office of Emergency Services. As such,
fire emergency response units, including those located at Fire Station 2-Murdy, can be
required to respond to any type of regional or state-wide emergency. These include
wildland fires, civil disturbances, terrorist/weapons of mass destruction incidents,
earthquakes, and other disasters. The Paramedic Fire Engine located at Fire Station 2-
Murdy is a predetermined strike team assigned engine company for state-wide master
mutual aid requests. The aerial rescue truck is qualified as a Type III response unit for
urban search and rescue, and will be inspected for Type II response in 2009.
Partnerships with surrounding communities include a closest unit system with the cities
of Fountain Valley, Costa Mesa,Newport Beach, Santa Ana, and the County of Orange.
Huntington Beach Fire Department is also a member of the Central Net Operations Joint
Powers Authority for training with the two other cities and the Metro Net
Communications Joint Powers Authority for fire dispatch services with six other cities.
M[urdy Fire Station Summary and Facility Needs Page 2
Facility Needs
This fire station was constructed in 1971. The land the station was built on is a former
peat bog. Due to high organic soil content, this station has experienced settling problems
that have created a continuing need for structural stabilization; mold, mildew and
moisture control; and plumbing and sewer repair. There have been a number of slab
settlement issues during recent years, including:
o Roof leaks
® Sewer leaks
e Broken roof tiles
® Bowing walls and doors
® Sinking floors in living areas
® Cracked and sinking apparatus bay floor
® Moisture intrusion with mold and mildew in the living and sleeping areas
The proposed method of addressing the settlement, moisture, mildew and stabilization
needs would consist of engineered and constructed sub slab trenches. Each trench would
contain an eight (8) inch French drain pipe connected to a property sump system directed
to the city flood control channel. Preventative subsurface moisture control measures
would also include station landscaping being replaced with artificial turf.
These remediation measures would be an effective alternative to removing and replacing
the entire existing foundation slab at an estimated cost of$3.2 million. They would also
provide compliance with current employment standards and practices, building and
environmental standards, and existing law. Mold was recently removed from the station
and the proposed drainage system will reduce the potential for reoccurrence.
The total estimated cost of the project is $500,000, including $50,000 for design,
$400,000 for construction and $50,000 for project management.
Fiscal Year (FY) 2011 APPROPRIATIONS
City of Huntington Beach, CA
Gun Range Clean-up
Fundinq Request: $2 million from the Environmental Protection Agency's Brownfields
Program in the FY 2010 Interior Appropriations bill for the clean-up of an old gun range
to address environmental risks in order for the City to go ahead with plans to turn site
into a park.
Background: The Gun Range site was originally part of Huntington Beach Landfill
(Landfill), which was owned and operated by the County of Orange (County). The
Landfill was divided into two distinct areas: 33.2-acres of mixed municipal refuse and
18.3 acres of construction demolition material. The gun range site was reportedly part of
the mixed municipal refuse portion of the Landfill. The County operated the Landfill as a
burning dump from September 1947 through September 1956. After that date, the
Landfill operated as a cut and cover operation. County records indicate that about 1.1
million cubic yards of refuse were deposited into the Landfill before its closure in 1962.
When the Landfill closed, the County deeded the property to the City for public park and
recreation purposes.
The Huntington Beach Police Officers Association (HBPOA) constructed the current gun
range improvements with a public and private training facility and operated the facility
under a 20-year lease from the City. In 1988, the long-term lease expired, and the gun
range lease was continued on a year-to-year basis. In the early 1990s, it became
evident that the range needed rebuilding. Unstable soil conditions caused by the
decomposing landfill materials were impacting the facility, and the public side of the
facility was closed and partially demolished because of structural stability concerns. In
1993, the City began discussions with the HBPOA regarding rebuilding the Site. In
1997, the City terminated the lease due to
safety concerns, and the gun range was closed.
Cost: The estimated total cost of the project is $2.1 million ($2 million Federal;
$100,000 Local).
Pagel of 1
IN Iff4
_ _=
RESOLUTION NO. 2010-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH IN SUPPORT OF THE LOCAL TAXPAYER,
PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010
WHEREAS, California voters have repeatedly and overwhelmingly passed separate
ballot measures to stop State raids of local government funds, and to dedicate the taxes on
gasoline to fund local and State transportation improvement projects; and
These local government funds are critical to provide the police and fire, emergency
response, parks, libraries, and other vital local services that residents rely upon every day, and
gas tax funds are vital to maintain and improve local streets and roads, to make road safety
improvements, relieve traffic congestion, and provide mass transit; and
Despite the fact that voters have repeatedly passed measures to prevent the State from
taking these revenues dedicated to funding local government services and transportation
improvement projects, the State Legislature has seized and borrowed billions of dollars in local
government and transportation funds in the past few years; and
This year's borrowing and raids of local government, redevelopment and transit funds, as
well as previous, ongoing raids of local government and transportation funds have lead to severe
consequences, such as layoffs of police, fire and paramedic first responders, fire station closures,
stalled economic development, healthcare cutbacks, delays in road safety improvements, public
transit fare increases and cutbacks in public transit services; and
State politicians in Sacramento have continued to ignore the will of the voters, and
current law provides no penalties when State politicians take or borrow.these locally-dedicated
funds; and
A coalition of local government, transportation and transit advocates recently filed a
constitutional amendment with the California Attorney General called the Local Taxpayer,
Public Safety, and Transportation Protection Act of 2010, for potential placement on California's
November 2010 Statewide ballot; and
Approval of this ballot initiative would close loopholes and change the constitution to. further
prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring,
suspending or otherwise taking or interfering with tax revenues dedicated to funding local
government services, including redevelopment, or dedicated to transportation improvement
projects and mass transit.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
10-2416/43515 1
Resolution No. 2010-16
That the City of Huntington Beach formally endorses the Local Taxpayer, Public Safety
and Transportation Protection Act of 2010, a proposed constitutional amendment.
BE IT FURTHER RESOLVED that we hereby authorize the listing of the City of
Huntington Beach in support of the Local Taxpayer, Public Safety and Transportation Protection
Act of 2010 and instruct staff to fax a copy of this resolution to campaign offices at 916 442-
3510.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of February .20 10 .
*TAdmii
WED AND APPROVED:
APPROVED AS TO FORM:
y Attorn y
10-2416/43515 2
Res. No. 2010-16
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City
of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing resolution was passed and
adopted by the affirmative vote of at least a majority of all the members of said
City Council at an regular meeting thereof held on February 16, 2010 by the
following vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
CitV,lerk and ex-officio erk of the
City Council of the City of
Huntington Beach, California
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LEAGUE Phone: 916.658.8200 Fax: 916.658.8240
OF CALIFORNIA. www.cacities.org
CITIES
TO: City Officials
FROM: Chris McKenzie, Executive Director
DATE: November 9, 2009
RE: Update on League-Supported Revenue Protection Measure; Other "Reform"
Measures Emerge
EXECUTIVE SUMMARY: Now that the Secretary of State's recommended deadline has come
and gone for the filing of initiative ballot measures for the November 2010 ballot, the work of
two other groups, California Forward and Repair California, may get confused with the League-
supported initiative. The purpose of this memo is to provide you with some basic background on
the measures. Since it has already been unanimously supported by the League General
Assembly at the League's Annual Conference in September, city officials may want to pass
resolutions of support for the League-sponsored measure (see below) when you are ready. Your
Regional Public Affairs Manager can give you a copy of a sample resolution. However, we urge
your city not to take a formal position on any of the other measures until they have been
reviewed and acted on early next year by the relevant League policy committees and the League
board of directors.
League-Supported Ballot Measure
The League, the California Alliance for Jobs, and the California Transit Association filed two
similar versions of the Local Taxpayer, Public Safety, and Transportation Protection Act of
2010 with the Attorney General on Tuesday, October 20, 2009. In early December, after receipt
of the Attorney General's Title and Summary for the measure, the campaign may proceed with
collecting the more than one million signatures necessary to qualify a constitutional amendment
for the statewide ballot. During the period leading up to mid-December League staff and city
officials are working with our coalition partners to lay the groundwork for a successful signature
gathering and fundraising effort. The board will be asking the membership for input before
beginning the next stage of the campaign. Here is what the measure covers:
Key Provisions Local Taxpayer,Public Safety and Transportation Protection Act of 2010
Protects Locally Imposed Yes.Legislature may not take or borrow or direct how local taxes may be spent.
Taxes(e.g.,parcel UUT, Property tax treated under Art.XIII,Sec.25.5.
TOT,sales,etc?
Prohibits Property Tax Yes.Repeals state authority to borrow under Art.XIII, Sec.25.5 after 2009-10.
Borrowing?
Prohibits Reallocation of Yes.
Prop.Tax or VLF to Pay
for State Mandates
Prohibits Borrowing or Yes,and provides same protections to any replacement revenues and requires
Stealing of the HUTA hearings and study before state and local shares changed.
Gas Tax?
Key Provisions Local Taxpayer,Public Safety and Transportation Protection Act of 2010
Prohibits Borrowing or Yes,and provides same protections to any replacement revenues and requires
Stealing of Prop.42 Gas hearings and study before state and local shares changed.
Tax?
Prohibits Borrowing or Yes.Also restricts use of PTA revenues for transportation planning and mass
Stealing of Public Transit transportation purposes only and requires"Spillover"sales tax to be deposited into
Account PTA funds? the PTA ands lit evenly between State and local transportation agencies.
Prohibits Taking, Yes.Prohibits state from requiring RDAs to pay tax increment to a state or another
Borrowing or Directing local agency or require an agency to use its tax increment for any State purpose,
Spending of RDA Funds? except affordable housing and pass-through payments.
Remedy if State Violates Yes. If court finds state has taken funds illegally,repayment is continuously
Constitution and appropriated to repay amount taken illegally.
Repayment Due?
Repeal of Conflicting Yes.Any conflicting statute enacted between Oct.21,2009 and November 2,2010
Statutes? is automatically repealed.
California Forward
California Forward is a government reform organization now headed by former Assembly
Speaker Bob Hertzberg. It recently filed two initiative ballot measures:
(1) State Budget Reform. The first measure includes state fiscal reforms, such as lowering the
vote threshold to a simple majority to approve a state budget, performance based budgeting
and restrictions on use of one-time spikes in revenues; and
(2) New Countywide Sales Tax and Limited Local Government Revenue Protections. The
second measure would:
a. Additional Local Sales Tax; Redistribution of Local Government Revenues. Authorize
a new one-cent sales tax at the county level—approved by a simple majority vote of
the local electorate—to support schools, cities, counties and special districts to
implement a new countywide strategic plan. If the tax is approved, cities and counties
would be required to transfer to schools the equivalent of 50% of the new sales tax
they receive from their existing property tax, sales tax, etc. in accordance with a plan
adopted by the county.
b. Local Revenue Protections. League attorneys are still studying the CA Forward
measure to determine the scope of the local revenue protections it would provide. But
upon initial review it's clear the measure provides no protections against state
borrowing of the HUTA gas tax and public transit funding, and it also appears to
allow continued borrowing of city property taxes. (In contrast, the League-supported
measure explicitly prohibits State borrowing of local property taxes, HUTA and
public transit funds and repeals the existing constitutional provisions allowing it).
Unlike the League-supported measure, CA Forward measure does not contain
language that would repeal any new legislation --passed between now and November
2010 --that would take the revenues protected by the measure.
2
Repair California
Repair California, the group advocating for calling a Constitutional Convention, led by the Bay
Area Council, recently filed two initiative ballot measures as follows:
(1) Voter-Called Constitutional Conventions. The first measure amends the constitution to allow
the voters to call a constitutional convention every 10 years by initiative and to limit the
issues the convention can discuss; and
(2) Call for Convention. The second is a statutory measure that calls the convention and limits
the subjects of discussion and action to: (a) Government Effectiveness, (b) Elections and
Reduction of Special Interest Influence, (c) Spending and Budgeting, and Governance.
a. How Delegates Will Be Chosen. Approximately half would be chosen at the county
level by committees made up of county supervisors (2), city officials in counties with
cities (mayors who are chair and vice chair of city selection committee), and school
districts (1). The other half would consist of three delegates elected from each
Assembly district from a group of 50 potential delegates in each Assembly district
that was randomly chosen by the State Auditor from a pool of 400 possible delegates
randomly chosen by the State Auditor in each Assembly district. Delegates are not
required to be registered voters.
b. Role of the FPPC. The appointed Fair Political Practices Commission (FPPC) that
currently enforces the Political Reform Act would serve as the Constitutional
Convention Commission, an influential steering committee responsible for deciding
all matters concerning delegate qualifications, hiring the Clerk of the Commission,
determining the place and date of the meeting of the Convention, training the
delegates, and overseeing all other matters.
The next few months will tell whether these measures go into circulation for signatures.
What's Next?
We invite you to help us in our pre-signature gathering effort for the Local Taxpayer, Public
Safety, and Transportation Protection Act of 2010. When your Regional Representative calls
you, please respond and lend a hand. Our success depends on your leadership. Using your
personal computer, you can find additional information at http://savelocalservices.com/.
What About Passing City Resolutions?
Since it has already been unanimously supported by the League General Assembly at the
September Annual Conference, city officials are encouraged to pass resolutions of support for
the League-supported measure when you are ready. Your Regional Public Affairs Manager can
give you a copy. Since the ballot measures proposed by California Forward and Repair
California have not been analyzed or acted upon by the League policy committees or board of
directors, we recommend that you delay any action on the other measures until they have been
reviewed and acted on early next year by the relevant League policy committees and the League
board of directors.
3
® Callifornians to
pG�30o�C C�� M' YES t® Protect Local Taxpayers and Funding
[OCQC 0 for Public Safety, Transportati®n & Other Vital
Taxpayers&Ral Services Local Services from State Raids
www,savelocalservices.com
THE PROBLEM: STATE RAIDS AND BORROWING ARE JEOPARDIZING PUBLIC SAFETY,
EMERGENCY RESPONSE, TRANSPORTATION, TRANSIT AND OTHER VITAL LOCAL SERVICES,
California voters have overwhelmingly passed separate ballot measures to dedicate local funding sources to essential
local services and to prevent the State from shifting or raiding local government, transit and transportation funds.
Despite this,the State recently passed a budget that borrows and takes approximately$5 billion in city,county,transit,
redevelopment and special district funds this year. This year's raids and previous,ongoing state raids and borrowing are
jeopardizing the services Californians need most:
X Police,Are and emergency 911 services have been cut.
X Healthcare services for children,seniors and the disabled are being slashed.
X Road repair and maintenance, congestion relief and safety improvements are constantly at risk.
X Public transit like buses,commuter rail and shuttles are being slashed and fares are being raised.
X Parks and libraries are closing,and other local government services critical to protect our
neighborhoods and improve our quality of life are shutting down.
X Vital community economic development andjob creation projects are being shut down.
State raids of local funds are fiscally irresponsible. The fiscally irresponsible practice of borrowing local taxpayer and
transportation funds makes our budget problems worse down the line because local government and transportation
funds have to be repaid,with interest.Additionally, many of the outright raids are ultimately rejected by the courts,
creating even larger state budget deficits down the line.
THE SOLUT0W: PROHIBIT THE STATE FROM RAIDING LOCAL GOVERNMENT, TRANSIT AND
TRANSPORTATION FUNDS.
The Local Taxpayer, Public Safety and Transportation Protection Act,scheduled for the November 2010 statewide ballot,would:
✓ Prohibit the State from taking, borrowing or redirecting local taxpayer funds dedicated to public safety,
emergency response and other vital local government services.The measure would close loopholes to prevent
the taking of local taxpayer funds currently dedicated to cities,counties,special districts and redevelopment
agencies. It would also revoke the State's authority to borrow local government property tax funds.
✓ Protect vital,dedicated transportation and public transit funds from state raids. The measure would prevent
State borrowing, taking or redirecting of the state sales tax on gasoline(Prop 42 funds) and Highway User Tax on
gasoline(HUTA)funds that are dedicated to transportation maintenance and improvements. It would also prevent
the State from redirecting or taking public transit funds.
✓ Protect local taxpayers by keeping more of our local tax dollars local where there's more accountability to voters,
and by ensuring once and for all that our gas taxes go to fund road improvements. The measure also reduces
pressure for local tax and fee increases that become necessary when the State redirects local funds.
✓ Reform state government and enhance fiscal accountabilitx.This measure is a key step in reforming California's
broken budget system by restoring more local control and accountability. It also stops the irresponsible practice of
the State borrowing special funds that have to be repaid with interest,which only puts our State further in debt.
Paid for by Californians to Protect Local Taxpayers and vital Services,a coalition of taxpayers,public safety,local government,transportation,
business and labor,with major funding from the League of Caldomia Cities(non-public funds) 1121 L Street,#803—Sacramento,CA 95814
Date: December 16, 2009
Initiative 09-0063 (Arndt. #1-NS.)
The Attorney General of California has prepared the following title and summary of the chief
purpose and points of the proposed measure:
PROHIBITS THE STATE FROM TAKING FUNDS USED FOR TRANSPORTATION
OR LOCAL GOVERNMENT PROJECTS AND SERVICES. INITIATIVE
CONSTITUTIONAL AMENDMENT. Prohibits the State from shifting, taking, borrowing, or
restricting the use of tax revenues dedicated by law to fund local government services,
community redevelopment projects, or transportation projects and services. Prohibits the State
from delaying the distribution of tax revenues for these purposes even when the Governor deems
it necessary due to a severe state fiscal hardship. Summary of estimate by Legislative Analyst
and Director of Finance of fiscal impact on state and local government: Significant constraints
on state authority over city, county, special district, and redevelopment agency funds. As a
result, higher and more stable local resources,potentially affecting billions of dollars in some
years. Commensurate reductions in state resources, resulting in major decreases in state
spending and/or increases in state revenues. (09-0063.)
eZ
Tl ,T
li .rr'
EPA LETTER TEMPLATE
[Date]
Lisa Jackson, Administrator
United States Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue,N.W.
Mail Code: 1101A
Washington, D.C. 20460
Re: Petition by Natural Resources Defenses Council to Delay Permits by the South
Coast Air Quality Management District
Dear Administrator Jackson:
On behalf of residents and small business owners in the City of[Name of City], I am writing to urge
you to deny an eleventh hour petition by the Natural Resources Defense Council (NRDC) (NRDC, et.
al., Petition to Require California to Amend its SIP Before Issuing Permits, dated December 10,
2009)to block implementation of recently enacted state legislation (SB 827)which was signed into
law by Governor Arnold Schwarzenegger in October 2009 and went into effect on January 1, 2010.
If the NRDC petition is granted it would block more than 1,200 South Coast Air Quality
Management District permits for small manufacturing businesses. This would delay or end up to $10
billion of investment in new projects in Southern California, already one of the hardest hit areas
during the economic recession. With unemployment hovering at 12.2% in California, and two of the
four counties in the SCAQMD area exceeding 13.8%unemployment,the loss of thousands more jobs
would be devastating.
Affected businesses include essential public services, such as hospitals, schools, fire and police
stations, sewage treatment plants, and landfill gas to energy projects, gas stations, dry cleaners, auto
body shops, printers, and food manufacturers.
Ironically,the permit moratorium has resulted in a slower clean-up of the environment and has set
back efforts to reduce greenhouse gas emissions since many of the projects awaiting permits included
the installation of modern, cleaner equipment that reduces harmful emissions. Denying the Petition
would actually benefit the environment because it will allow upgrades at aging facilities to proceed.
These facilities will be able to replace older, higher-emitting equipment with cleaner, more energy
efficient equipment and modern pollution control technologies.
We respectfully ask that you deny the NRDC petition.
Thank you for your attention to this matter.
Sincerely,
[Name]
[Title]
n
The Problem i
Several environmental organizations have petitioned the United States Environmental Protection Agency(EPA)to prevent the South Coast Air Quality Management District
(SCAQMD)from lifting a permit moratorium that has blocked SCAQMD from issuing
permits to businesses and public agencies in Southern California.' The petition asks
EPA to issue a"statement"that California must amend its State Implementation Plan
before SCAQMD can implement key portions of SB 827 (Wright,2009) or AB 1318
(M.Perez,2009). The two bills were recently passed by the California Legislature and
� s
signed into law by Governor Schwarzenegger.
o� L
i
Background p,
• Due to a 2008 state court CEQA decision,SCAQMD has been forced to stop issuing
permits relying on the District's internal offsets accounts.
• Without the use of AQMD's internal offset account,government and businesses _
could be forced to spend more than $4 billion for buying pollution credits—if they
are available at all. Credits on the open market are often unaffordable,with esti-
mated costs of$234,000 for a gas station, $1.6 million for a hospital boiler or a tortilla
fryer and oven,and $115 million for a landfill gas to energy project. _
• Lack of SCAQMD permits means lost jobs and delays in building needed projects,
including projects that would be eligible for'Stimulus Funding'from the federal gov-
ernment that cannot be built without SCAQMD permits.
• In 2009,legislation was introduced to overcome the state law impasse. After
months of debate and multiple hearings,a compromise was forged clearing the way 1r
for small businesses,essential public services and exempt facilities(SCAQMD Rule
1304)to obtain the necessary permits under SB 827 (Wright).As part of this com-
promise,each and every project is still subject to full environmental review under
existing law.
® Separately,the Legislature passed AB 1318 (M.Perez, 2009)to allow the Sentinel „.
power plant in the Coachella Valle access to the SCAQMD's internal offsets. This )
P p Y
power plant has a contract to supply electricity to Southern California Edison that -
has been approved by the California Public Utilities Commission. However,this pow-
er plant will have to pay a mitigation fee to obtain offsets which the SCAQMD will x
invest in emission reduction projects in the impacted areas near the power plant.
The petitioning environmental organizations are California Communities Against ioxics,Coalition for a Safe J3 - '
Environment,Communities for a Better Environment,Natural Resources Defense Council,and Desert Citizens
Against Pollution.,
hl`'I
� I
Impacts "
• At stake are as many as 1,200 permits that have been on hold,delaying up to $10
billion of investment in new projects in Southern California.
• Tens of thousands of jobs have been lost or new hiring delayed at a time when the
region is experiencing the worst economic conditions of the past 50 years.
• Affected businesses include essential public services,such as hospitals,schools,fire
and police stations,sewage treatment plants,and landfill gas to energy projects,gas .
stations,dry cleaners,auto body shops,printers,and food manufacturers.
• The permit moratorium has resulted in a slower clean-up of the environrnent and
even setting back efforts to reduce greenhouse gas emissions since many of these
projects were unable to obtain permits for the installation of modern,cleaner equip- f�
ment that reduces harmful emissions.
Status of Permits on Hold
• The Governor and State Legislature have acted to allow the permit moratorium to be
lifted as of January 1,2010. a,
m SCAQMD is working to ensure that after January 1,2010 all permits on hold will be
issued as quickly as possible. ,
• Once again SCAQMD will supply needed emissions offsets at no charge to public
agencies, small businesses,and other environmentally desirable projects.
II tire, ri
Petitioners'I consistent Position t I
* Throughout the state legislative process,many of the same petitioners consistently
testified that it was not their intent to hurt the economy or p hold a permits for small
p
businesses,essential services or exempt facilities.
* Having lost in federal court and before the State Legislature,the petitioners area now
asking the EPA to delay permits for small businesses,essential services and exempt "
facilities thereby attempting to undo the Legislature's efforts to resolve the crisis and i
restart the Southland economy. 1 l
Ir�
Solution
EPA should reject Petitioner's invalid request to act to block the implementation of
SB 827 and AB 1318,and allow permits to be issued consistent with stage law.
11 'slilV�l�' `�
South Coast Air Quality Management District
t l w 21865 Copley Drive,Diamond Bar,CA 91765
� y t
www.agmd.gov
I' Cleaning the air that we breathe..T"
12/29/09GM/AG
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administration
SUBJECT: Intergovernmental Relations Recommendations
COUNCIL MEETING DATE: February 16, 2010
RCS ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Ap licable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorne ) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not A plicable
Bonds (If applicable) Attached ❑
Not Ap licable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSINGATTACHMENT$
REVIEWED ' - RETURNED",, FOR' A DED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM.
Only)_(Pelow Space For City Clerks� Use
RCA Author: Dapkus