HomeMy WebLinkAboutCity Council position on legislation, a regulation or budget Council/Agency Meeting Held:
Deferred/Continued to:
A roved ❑ Conditionally Approved ❑ Denied %Y City erk' S' nature
Council Meeting Date: 07/06/09 Department ID Number: AD 09-11
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jill Hardy, Council Member, Chair on behalf of Intergovernmental Relations
Committee Members Mayor Keith Bohr, and Council Member Don Hansen
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. SUPPORT HR 2371 —American Clean Energy & Security Act of 2009
2. SUPPORT AB 715 (Caballero) —City Ordinances — Posting and Publishing Requirements as
amended on June 8, 2009
3. SUPPORT SB 4 (Oropeza) — Public Resources: State Beaches & Parks: Smoking Ban as
amended on May 5, 2009
4. SUPPORT AB 676 (Jeffries)— Sales and Use taxes: Consumer Destination Management as
amended on May 21, 2009
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: 07/06/09 DEPARTMENT ID NUMBER: AD 09-11
Analysis:
1. SUPPORT HR 2371 —American Clean Energy & Security Act of 2009
On May 14 a letter was sent from the Mayor requesting this bill include funding for a second round of
the Energy Efficiency and Conservation Block Grant (EECBG). Through the initial funding of EECBG
many cities, counties, and states have begun to create strategic plans and implement projects that will
promote energy conservation, invest in renewable energy technology, and create alternative
transportation systems - - all of which will generate thousands of green jobs within our communities.
We are planning to invest our EECBG funds in energy efficiency programs for residential and
commercial buildings including energy audits, and to install LED lighting and solar panels.
By including funding commitments in the FY 2010 appropriations bill for the EECBG program, cities
will be able to continue their efforts to sustain and accelerate these types of community-based, energy
conservation initiatives that have both local and national benefits.
The Intergovernmental Relations Committee is recommending we support this legislation and send a
request from the full city council supporting additional funding for the EECBG.
2. SUPPORT AB715 (Caballero) —City Ordinances — Posting and Publishing Requirements as
amended on June 8, 2009
Under existing law the city clerk is required, within 15 days after the passage of an ordinance by the
city council, to publish the ordinance along with the names of those city council members voting for
and against the ordinance in a newspaper of general circulation in the city.
This bill would authorize the city clerk to either publish the ordinance in a newspaper of general
circulation or on the official Internet Web site of the city and to mail notice of passage of the ordinance
to those who have filed written requests for mailed notice, as specified.
The League of California Cities and the California Association of City Clerks support this change
because it would:
• Relieve a financial burden for residents who are cutting back on paid newspaper subscriptions.
These residents could choose to receive notices of ordinances either by U.S. mail and/or the
Internet.
• Relieve a financial burden for cities which are required to pay costly legal advertising rates to
publicize ordinances. AB 715 would allow the option of mailing notice to requestors and posting
on the city's Web site instead of paid legal advertising.
• Increase citizen participation for those who cannot afford paid newspaper subscriptions or who
do not have Internet access by providing a mailed notice service.
• Increase citizen participation for Internet users by making ordinances accessible online, 24/7 at
the public's convenience.
• Increase citizen participation by streamlining the notification process. Citizens would no longer
need to sort through multiple newspaper pages of paid legal advertising for information.
The Intergovernmental Relations Committee is recommending that the City Council support AB 715.
3. SUPPORT SB 4 (Oropeza) — Public Resources: State Beaches & Parks: Smokinq Ban as
amended on May 5, 2009
Existing law makes it an infraction for a person to smoke a cigarette, cigar, or other tobacco-related
product within 25 feet of a playground or tot lot sandbox area. This bill would make it an infraction for
-2- 6/15/2009 2:13 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 07/06/09 DEPARTMENT ID NUMBER: AD 09-11
a person to smoke, as defined, a pipe, cigar, or cigarette on a state coastal beach or in a unit of the
state park system, as defined.
This bill would permit the State Department of Parks and Recreation or another relevant state agency
to develop and post signs at a state coastal beach or a unit of the state park system to provide notice
of the smoking prohibition. It would require the smoking prohibition to be enforced only after signs
have been posted alerting the public of the prohibition.
The Intergovernmental Relations Committee is recommending that the City Council support SB 4 as
amended on May 5.
4. SUPPORT -AB 676 (Jeffries)— Sales and Use taxes: Consumer Destination Management
as amended on May 21
At the April 27 meeting of the Intergovernmental Relations Committee, the Committee voted to support
AB 676. Due to an error in the minutes an incorrect recommendation to oppose was forwarded to the
Council at their May 18 meeting. This action corrects that error.
Existing Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the
sale of tangib►e personal property sold at retail in this state, or on the storage, use, or other
consumption in this state of tangible personal property purchased from a retailer. That law, with
certain exceptions, defines a retailer as a seller who makes any retail sale of tangible personal
property and as a person who makes more than 2 retail sales of tangible personal property during any
12-month period, and defines a retail sale as a sale of tangible personal property for any purpose
other than resale in the regular course of business.
This bill would provide that a qualified Destination Management Companies (DMC) is a consumer, and
not a retailer, of tangible personal property it provides to its clients pursuant to a qualified contract for
destination management services, so that the sale of the tangible personal property to the DMC is the
retail sale subject to tax. This bill would state the intent of the Legislature that this act is declaratory of
existing law.
Over the past several years, the California Destination Management Companies (DMC) — and now
some DMCs in other states — have been under attack by the State Board of Equalization. They want
them to charge sales tax on several of their services, and they want sales tax in arrears in some cases
as far back as 10 years. In the over 40 years that DMCs have been operating in California, they have
never been asked to charge these types of sales taxes. Without AB 676, the Board of Equalization
actions would impact the tourism industry by making California one of the more expensive tourist
destinations. Their actions will inevitably affect hotel DMCs, and require them to become "resellers."
Without AB 676, actions by the Board of Equalization have the potential to impact other areas of
hospitality services as well.
The Intergovernmental Relations Committee recommendation was for the City Council to support AB
676 as introduced. The bill was amended on May 21. The amendments did not, however,
substantively change the intent of the bill so staff is recommending that the Council approve a position
of support for AB 676 as amended on May 21.
Strategic Goal: Maintain and enhance our financial reserves.
Environmental Status: NA
Attachment(s):
-3- 6/15/2009 3:22 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 07/06/09 DEPARTMENT ID NUMBER: AD 09-11
Attachment(s):
,jity Clerk's
. - . . Desidrio 0
1. HR 2371 —American Clean Energy & Security Act of 2009
2. 715 (Caballero) — City Ordinances — Posting and Publishing
Requirements
3. SB 4 (Oropeza) — Public Resources: State Beaches & Parks: Smoking
Ban
4. AB 676 (Jeffries) — Sales and Use taxes: Consumer Destination
Management
-4- 6/15/2009 2:13 PM
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Search Results - TRUMAS of Congress) Page ] cf2
111th CONGRESS
1st Session
use tradable greenhouse gas emission allowances under the American Clean Energy and Security Act of 2009 to providf-I
istance to residential and commercial consumers of home heating oil and propane in reducing the effective costs of suchli
Is through State programs to deliver cost-effective efficiency programs and other consumer assistance.
IN THE HOUSE OF REPRESENTATIVES
Mr. MURPHY of Connecticut (for himself, Mr. MARKEY of Massachusetts, and Mr. WELCH) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
�o use tradable greenhouse gas emission allowances under the American Clean Energy and Security Act of 2009 to provide I
iassistance to residential and commercial consumers of home heating oil and propane in reducing the effective costs of such'
Ifuels through State programs to deliver cost-effective efficiency programs and other consumer assistance.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemblddf]
FEEDBACK
ISECTION 1. HOME HEATING OIL AND PROPANE CONSUMERS.
(a) Definitions- For purposes of this section:
(1) CARBON CONTENT- The term 'carbon content' means the amount of carbon dioxide that will be emitted as a
result of the combustion of a fuel.
`° COST-EFFECTIVE-The .~.. 'cost-effective', .... respect ~ ... energy efficiency program or measure, _that the program or measure meets the Total Resource Cost Test, which requires that the net present value of
economic benefits over the life of the program or measure, including avoided supply and delivery costs and
deferred or avoided investments, is greater than the net present value of the economic costs over the life of the
program or measure, including program costs and incremental costs borne by the energy consumer.
(b) Allocation- Not later than September 30 of each of calendar years 2012 through 2030, the Administrator shall
distribute arnong the States, in accordance with this section, 1.5 percent of the emission allowances that the
Administrator has established for the year in which such distribution is made (adjusted as necessary to preserve
budget neutrality).
(c) Distribution Among States-The Administrator shall distribute allowances among the States under this section each
year ratably based on the ratio of--
(1) the carbon content of home heating oil and propane sold to consumers within each State in,the preceding
year for residential or commercial uses; to
(2) the carbon content of home heating oil and propane sold to consumers within the United States in the
preceding year for residential or commercial uses'.
(d) Sale of Allowances- Each State receiving emission allowances under this section shall sell such allowances within 1
year of receipt, either directly or through consignment to the Administrator for auction. Emission allowances
distributed under this section that are not sold within 1 year of receipt by a State shall be returned to the
Administrator, who shall distribute such allowances to the remaining States ratably in accordance with the formula in
subsection (c).
� (q Use of nvceou,'
(1) IN GENERAL- States shall use the proceeds from sales of emission allowances distributed under this section
exclusively for the benefit ofconsumers of home heating oil or propane for residential or commercial purposes.
Such proceeds shall be used exclusively fnr'
} (A) cost-effective energy efficiency programs for consumers that use home heating o|| or propane for |
' residential or commercial purposes; or )
http://thomas.loc.gov/,cgi-bin/query/C?c I I 1:. ]ll vjVyJt 6/I5/2009
Search Results - THOMAS (Library of Congress) Page 2 of 2
(B) rebates or other direct financial assistance programs for consumers of home heating oil or propane used
for residential or commercial purposes.
(2) ADMINISTRATION AND DELIVERY MECHANISMS- In administering programs funded under this section, States
shall--
(A) use no less than 50 percent of funds provided under this section for cost-effective efficiency programs to
reduce consumers' overall fuel costs;
(B) use no more than 5 percent of funds provided under this section for administrative expenses;
(C) to the extent practicable, deliver funding under this section through existing energy efficiency and
consumer energy assistance programs or delivery mechanisms, including, where appropriate, programs or
mechanisms administered by parties other than the State;
(D) seek to coordinate the administration and delivery of energy efficiency and consumer energy assistance
programs funded under this section, with one another and with existing programs for various fuel types, so
as to deliver comprehensive, fuel-blind, coordinated programs to consumers; and
(E) ensure that funding provided under this section does not displace or substitute for existing or alternative
sources of funding for energy efficiency and consumer energy assistance programs.
(f) Reporting- Each State receiving emission allowances under this section shall submit to the Administrator, within 12
months of each receipt of such allowances, a report, in accordance with such requirements as the Administrator may
prescribe, that--
(1) describes the State's use of proceeds of sales of emission allowances distributed under this section, including
a description of the energy efficiency and consumer assistance programs funded through such proceeds;
(2) demonstrates the cost-effectiveness of, and the energy savings achieved by, energy efficiency programs
funded through this section; and
(3) includes a report prepared by an independent third party, in accordance with such regulations as the
Administrator may promulgate, evaluating the performance of the energy efficiency and consumer assistance
programs funded under this section.
(g) Enforcement- If the Administrator determines that a State is not in compliance with this section, the Administrator
may withhold a portion of the allowances, the value of which is equal to up to twice the value of the allowances that
the State failed to use in accordance with the requirements of this section, that such State would otherwise be eligible
to receive under this section in later years. Allowances withheld pursuant to this subsection shall be distributed among
the remaining States ratably in accordance with the formula in subsection (c).
END
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http://thomas.loc.gov/cgi-bin/query/C?cI I 1:./temp/—c 111 vj VyJt 6/15/2009
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The Honorable Harry Reid The Honorable Nancy Pelosi
Senate Majority Leader Speaker of the House
The Honorable Mitch McConnell The Honorable John A. Boehner
Senate Minority Leader House Minority Leader
Dear Senate and House Leadership:
We, the nation's mayors, want to thank you for including the Energy Efficiency and Conservation Block
Grant(EECBG) in the American Reinvestment and Recovery Act and we strongly encourage you to
support full funding levels for the EECBG program in the FY 2010 Appropriations bill.
Through this initial funding of EECBG, cities, counties and states have begun to create strategic plans
and implement projects that will promote energy conservation, invest in renewable energy technology,
and create alternative transportation systems - - all of which will generate thousands of green jobs within
our communities. Specifically, we are planning to invest our EECBG funds to retrofit new and existing
municipal, residential, and commercial buildings; install solar panels, LEDs, and photovoltaic systems;
convert municipal fleets; and implement alternative transportation initiatives to name a few.
By including funding commitments in the FY 2010 Appropriations bill for the EECBG program, you
will enable cities to continue our efforts to sustain and accelerate these types of community-based,
energy conservation initiatives that have both local and national benefits.
More than 940 mayors have signed The U.S. Conference of Mayors Climate Protection Agreement,
pledging actions to reduce their greenhouse gas emissions by 7 percent below 1990 levels, a goal that
mirrors the Kyoto Protocol. To meet this goal, we need to continue our federal partnership to assist us
with our efforts to expedite our national response to meeting our goals of energy independence and
climate protection.
Manuel A. (Manny) Diaz
Mayor of Miami
President, The U.S. Conference of Mayors
cc: Members of the Senate
Members of the House
From: Carole Wilson [maiIto:cwiIson@innovativegovernment.net]
Sent: Tuesday, May 12, 2009 3:07 PM
To: Carole Wilson
Subject, Energy Efficiency and Conservation Block Grant Funding in Waxman Climate Change Bill
To: City Caucus
From: Kyra Ross
Please send this to your clients. Thanks.
On Thursday, May 1 9th, the full Congressional House Energy and Commerce
Committee, chaired by Rep. Henry Waxman (D-CA), will mark up The American Clean
Energy and Security Act of 2009, a comprehensive energy and climate change bill that
would establish a "cap and trade" system for reducing greenhouse gas emissions. The
legislation has the potential to raise significant revenue.
Unlike last year's Senate climate change bill that dedicated a portion of the revenue
generated toward the Energy Efficiency and Conservation Block Grant (EECGB), this
year's House bill does not.
Securing ongoing funding for the EECBG is a top legislative priority for NLC and
for the League of California Cities.
To ensure that the House cap and trade bill includes a dedicated source of funding for
the EECBG, we need your help immediately.
1. Please call the House Energy and Commerce Committee members from
your area and urge them to include in the climate change bill a dedicated
source of funding for the EECBG program.
2. If you do not have a House Energy and Commerce Committee member in
your area, call or send a letter to Representative Waxman.
A list of California Committee members is provided below. As well, a copy of the
League of California Cities letter to Representative Waxman and a Sample Letter are
attached to this email.
Key reasons to fund the EECBG:
? Cities and towns have been delivering innovative energy conservation and
environmental protection programs to their communities and the nation for years.
? The Energy Efficiency and Conservation Block Grant (EECBG) will help cities
strengthen and expand their efforts to conserve energy and water resources,
reduce greenhouse gas emissions, and protect the environment by implementing
3
increased energy efficiency and renewable energy development programs in our
communities.
? The EECBG is a key component to solving our nation's energy and
environmental challenges, creates jobs, and promotes healthy and vibrant
communities.
If you have already received this message and have made calls, thank you.
For more information, please contact Kyra Ross, kross cacities.org or 916-658-8252
J.S. douse Energy and Commerce Committee California Members
California
Doris O. Matsui, (CA-5)
Phone: 202-225-7163
Fax: 202-225-0566
Room 222, Cannon House Office Building
Jerry McNerney, (CA-11)
Phone: 202-225-1847
Fax: 202-225-4060
Room 312, Cannon House Office Building
Anna G. Eshoo, (CA-14)
Phone: 202-225-8104
Fax: 202-225-8890
Room 205, Cannon House Office Building
George Radanovich, (CA-19)
Phone: 202-225-4540
Fax: 202-225-3402
Room 2410, Rayburn House Office Building
Lois Capps, (CA-23)
Phone: 202-225-3601
Fax: 202-225-5632
Room 1110 Longworth House Office Building
Henry A. Waxman, (CA-30)
Phone: 202-225-3976
Fax: 202-225-4099
Room 2204, Rayburn House Office Building
4
Jane Harman, (CA-36)
Phone: 202-225-8220
Fax: 202-226-7290
Room 2400 Rayburn House Office Building
Mary Bono Mack, (CA-45)
Phone: 202-225-5330
Fax: 202-225-2961
Room: 104 Cannon House Office Building
5
LEAGUE
Cl1 C , 1400 K Street, Suite 400 o Sacramento, California 95814
OF �1 A.
,.... CITIESPhone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
May 6, 2009
The Honorable Henry Waxman
U.S. House of Representatives
2204 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Waxman:
In 2007, the Energy Independence and Security Act was signed into law, containing an
authorization for$10 billion for the newly created Energy Efficiency and Conservation
Block Grant (EECBG)program. The EECBG program, which was recently funded with
$3.2 billion in the American Recovery and Reinvestment Act of 2009, is providing much
needed help to local governments working to meet energy efficiency and climate
protection goals.
In California, our cities are able to use these funds for projects like solar panels on city
facilities, climate change plans, energy efficient street lighting and working in their
community to provide revolving loans for homeowners who wish to make significant
energy efficient improvements to their homes.
Local governments seeking to reduce greenhouse gas emissions through community
improvements need this funding to continue in the future. Last year Senate Environment
and Public Works Committee Chair Barbara Boxer included in her climate protection
legislation a$136 billion dedicated source of funding over the next forty years for
EECBG. As you work to organize climate protection legislation this year, California
cities urge you to consider including similar long-term funding for this critical program,
which will greatly assist California local governments achieve their long-term goals of
energy independence, stability and efficiency.
Thank you for your consideration of this request.
Sincerely,
i
Christopher McKenzie
Executive Director
I
I
SAMPLE LETTER
[Ins ertODate]
The Honorable [ our Representatie]
U.S. House of Representatives
[Insert Addrss]House Office Building
Washington, DC 20515
Dear [Name of Your Representative]:
In 2007, the Energy Independence and Security Act was signed into law, containing an
authorization for$10 billion for the newly created Energy Efficiency and Conservation Block
Grant (EECBG)program. The EECBG program, which was recently funded with$3.2
billion in the American Recovery and Reinvestment Act of 2009, is providing much needed
help to local governments working to meet energy efficiency and climate protection goals.
In California The-Crt o will be able to use these funds for ro'ects like
[ y, pro
[pf'ease describe types ofproject your city WON' using the block ant dollars for]. Without
these funds, it will be extremely difficult for cities in California and across the nation to fund
these programs.
As you work to organize climate protection legislation this year,the City of[Your)City]
urges you to include similar long-term funding for the EECBG program within the American
Clean Energy and Security Act of 2009, which will greatly assist us in achieving our long-
term goals of energy independence, stability and efficiency.
Thank you for your consideration of this request.
Sincerely,
[Insert your.plamej tle city]''
Cc: League of California Cities
COMMUNITIES
May 11, 2009
The Honorable Henry Waxman
Chairman, House Committee on Energy and Commerce
U.S. House of Representatives
The Honorable Ed Markey
Chairman, House Subcommittee on Energy and Environment
U.S. House of Representatives
Re: Allocating Carbon Market Resources to Local Government Energy Efficiency
Initiatives
Dear Chairman Waxman and Chairman Markey:
On behalf of our growing coalition of hundreds of local government officials across the country,
Climate Communities commends you for your leadership in developing the American Clean
Energy & Security Act of 2009 (ACES), which includes strong greenhouse gas emission
reduction mandates and establishes a clear framework for the nation's transformation to a clean
energy economy based on energy efficiency and renewable energy.
We write now to request that the ACES legislation recognize and support the essential role of
local governments in achieving the legislation's ambitious goals by investing at least three
percent of the carbon revenues created through the cap and trade system in the Energy
Efficiency and Conservation Block Grant (EECBG)program. Based on our understanding that
the initial cap and trade system will generate an estimated $60-70 billion a year in carbon
revenues, this request will maintain the current level of EECBG funding provided in the recently
enacted economic recovery legislation—which is $3.2 billion over 18 months or about $2 billion
a year. While our request is far short of what is truly needed at the local level to maximize our
energy conservation and emissions reduction potential, we understand that the Committee must
balance the needs and interests of a wide range of stakeholders.
Authorized in the Energy Independence and Security Act of 2007, the EECBG program provides
direct federal funding for local energy efficiency and clean energy programs and projects. As
mentioned above, the recent economic recovery legislation enacted by Congress included $3.2
billion for the EECBG program to empower local governments to create thousands of new green
jobs through local investments in building efficiency, community scale renewables, and other
................................................................................................................................................................................................................ Page 1 ................................................................................................................................................................................................................................
programs that conserve energy. It is critical that the EECBG program receive ongoing funding
from the cap and trade revenues if our nation is to reduce our dependence on foreign oil and
achieve the ambitious emissions reduction targets in ACES.
Local governments have been at the forefront of the national movement to promote clean energy
and address climate change in the United States. For years, local governments have served as
laboratories for innovation, developing new approaches to reduce energy use and greenhouse gas
emissions, including the design and construction of energy-efficient buildings, the installation of
renewable energy, the granting of zero interest loans for home energy retrofits, the conversion of
municipal fleets to hybrid vehicles, and the development of smart communities that reduce
vehicle miles traveled.
By providing an ongoing source of direct investment in the EECBG program, the ACES
legislation will ensure that local efforts to combat climate change and reduce energy
consumption continue. Local government budgets are extremely hard pressed in this
economically challenging time. Without ongoing federal support, local governments will not
have the financial resources required to invest in energy efficiency and renewable energy. The
draft legislation supports state energy programs, and these programs are important. Yet, local
governments play an equal if not more critical role in implementing efficiency and clean energy
programs on the ground, and therefore should be seen as an indispensable complement to the
funding provided for state energy programs.
Again, we urge you to support an allocation of allowances and/or auction proceeds from the
carbon market that would be created by the ACES legislation to maintain, on an ongoing basis,
no less than the current funding for the EECBG program. This investment will reap critical
dividends in new green jobs, carbon reductions, and a stronger clean energy economy.
Thank you for your consideration. Please contact Climate Communities Executive Director Ken
Brown at ken@climatecommunities.us or 202-261-3690 if you want additional information
concerning our request.
Sincerely,
Supervisor Roger Dickinson Councilmember Larry Phillips
Sacramento County, CA King County, WA
Climate Communities Co-Chair Climate Communities Co-Chair
Page 2
On behalf of the Climate Communities Executive Committee and key local government leaders:
Mayor Bill Baarsma Mayor Dan Malloy
Tacoma, WA Stamford, CT
Councilmember Roger Berliner Supervisor Andrea McGimsev,
Montgomery County, MD Loudoun County, VA
Supervisor Valerie Brown Supervisor John McGlennon
Sonoma County, CA James City County, VA
Mayor Roy Buol Mayor Ellen Moyer
Dubuque, IA Annapolis, MD
Supervisor James Burrell Mayor Pro Tern Pam O'Connor
New Kent County, VA Santa Monica, CA
Councilmember Dow Constantine Mayor Miguel Pulido
King County, WA Santa Ana, CA
Councilmember Mike Cooper Mayor Ron Rordam
Snohomish County, WA Blacksburg, VA
Alderman John D'Amico Commissioner Natacha Seijas
Monmouth County, NJ Miami-Dade County, FL
Vice Chairman Jay Fisette Supervisor Conan Smith
Arlington County, VA Washtenaw County, MI
Supervisor Jane Halliburton Councilmember Dave Somers
Story County, IA Snohomish County, WA
Supervisor Brett Hulsey Alderman Larry Stuber
Dane County., WI Savannah, GA
Mayor Bob Kiss County Executive Tom Suozzi
Burlington, VT Nassau County, NET
cc: Members of the Energy and Commerce Committee
- Page 3
T H EN , �2
TAc
AB 715 Assembly Bill - AMENDED Page 1 of 4
BILL NUMBER: AB 715 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 8, 2009
AMENDED IN ASSEMBLY APRIL 30, 2009
INTRODUCED BY Assembly Member Caballero
FEBRUARY 26, 2009
An act to amend Seet-�tnnr Sections 25124 and
36933 of the Government Code, relating to ordinances.
LEGISLATIVE COUNSEL'S DIGEST
AB 715, as amended, Caballero. eity County
and city ordinances: publishing and posting requirements.
(1) Existing law requires the county board of supervisors, within
15 days after the passage of an ordinance by the board, to cause the
ordinance to be published, with the names of those members voting for
and against the ordinance, in a newspaper of general circulation
published and circulated in the county, as specified.
This bill would authorize the county board of supervisors to
either publish the ordinance in a newspaper of general circulation or
on the official Internet Web site of the county and to mail notice
of passage of the ordinance to those who have filed written requests
for mailed notice, as specified.
(2) Existing law requires the
city clerk, within 15 days after the passage of an ordinance by the
city council, to cause the ordinance to be published, with the names
of those city council members voting for and against the ordinance,
in a newspaper of general circulation published and circulated in the
city, as specified.
This bill would authorize the city clerk to either publish the
ordinance in a newspaper of general circulation or on the official
Internet Web site of the city and to mail notice of passage of the
ordinance to those who have filed written requests for mailed notice,
as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25124 of the
Government Code is amended to read:
25124 . (a) Except as provided in subdivision (e)
(d) , before the expiration of 15 days after the
passage of an ordinance ,
the county board of supervisors shall do one of the
following:
(1) Publish the ordinance once,
with the names of the members voting for and against the ordinance,
in a newspaper published in the county if there is one, and if there
is no newspaper published in the county, the ordinance shall be
posted in a prominent location at the board of supervisors ' chambers
http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0701-0750/ab_715 bill_20090608_amended s... 6/9/2009
AB 715 Assembly Bill - AMENDED Page 2 of 4
within the 15-day period and remain posted thereafter for at least
one week.
(2) Post the ordinance, with the names
of those members of the board of supervisors voting for and against
the ordinance, on an official Internet Web site of the county, and
provide a copy of the notice of adoption of the ordinance upon
written request of any person in the manner described in Section
54954.1.
The
(b) The local agency, at its
option, may include in an ordinance reclassifying land either a brief
description accompanied by a map of the boundaries of the property,
as recited in the notice of hearing, or a complete metes and bounds
description accompanied by a map depicting the reclassified property
and adjacent properties. Except for maps, any exhibit attached to and
incorporated by reference in an ordinance need not be published in
its entirety if the publication lists all those exhibits by title or
description and includes a notation that a complete copy of each
exhibit is on file with the clerk of the board of supervisors and .is
available for public inspection and copying in that office in
accordance with the California Public Records Act, Chapter 3 .5
(commencing with Section 6250) of Division 7 of Title 1. A
certificate of the clerk of the board of supervisors or order entered
in the minutes of the board that the ordinance has been duly
published or posted is prima facie proof of the publication or
posting.
()
(c) The publication or posting of ordinances, as
required by subdivision (a) , may be satisfied by either of the
following actions :
(1) The county board of supervisors may publish a summary of a
proposed ordinance or proposed amendment to an existing ordinance.
The summary shall be prepared by an official designated by the board
of supervisors. A summary shall be published and a certified copy of
the full text of the proposed ordinance or proposed amendment shall
be posted in the office of the clerk of the board of supervisors at
least five days prior to the board of supervisors meeting at which
the proposed ordinance or amendment or alteration thereto is to be
adopted. Within 15 days after adoption of the ordinance or amendment,
the board of supervisors shall publish a summary of the ordinance or
amendment with the names of those supervisors voting for and against
the ordinance or amendment and the clerk shall post in the office of
the clerk of the board of supervisors a certified copy of the full
text of the adopted ordinance or amendment along with the names of
those supervisors voting for and against the ordinance or amendment.
(2) If the county official designated by the board of supervisors
determines that it is not feasible to prepare a fair and adequate
summary of the proposed or adopted ordinance or amendment, and if the
board of supervisors so orders, a display advertisement of at least
one-quarter of a page in a newspaper of general circulation in the
county shall be published at least five days prior to the board of
supervisors meeting at which the proposed ordinance or amendment or
alteration thereto is to be adopted. Within 15 days after adoption of
the ordinance or amendment, a display advertisement of at least
one-quarter of a page shall be published. The advertisement shall
indicate the general nature of, and provide information about, the
proposed or adopted ordinance or amendment, including information
sufficient to enable the public to obtain copies of the complete text
of such ordinance or amendment, and the names of those supervisors
voting for and against the ordinance or amendment.
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AB 715 Assembly Bill - AMENDED Page 3 of 4
()
(d) If the clerk of the board of supervisors fails to
publish an ordinance within 15 days after the date of adoption, the
ordinance shall not take effect until 30 days after the date of
publication.
—SEe,Fieif SEC. 2. Section 36933 of
the Government Code is amended to read:
36933 . (a) (1) Within 15 days after its passage, the city clerk
shall do either of the following:
(A) Cause each ordinance to be published at least once, with the
names of those city council members voting for and against the
ordinance, in a newspaper of general circulation published and
circulated in the city, or if there is none, he or she shall cause it
to be posted in at least three public places in the city or
published in a newspaper of general circulation printed and published
in the county and circulated in the city.
(B) Post the ordinance, with the names of those city council
members voting for and against the ordinance, on the city's official
Internet Web site and mail notice of passage of the ordinance to
those who have filed a written request for mailed notices. Any
written request for mailed notices shall be valid for one year from
the date on which it was filed unless a renewal request is filed.
Renewal requests for mailed notices shall be filed on or before April
1 of each year.
(2) In cities incorporated less than one year, the city council
may determine whether ordinances are to be published or posted.
Ordinances shall not be published in a newspaper if the charge
exceeds the customary rate charged by the newspaper for publication
of private legal notices, but these ordinances shall be posted in the
manner and at the time required by this section.
(b) Except as provided in Section 36937, an ordinance shall not
take effect or be valid unless it is published or posted in
substantially the manner and at the time required by this section.
(c) The publication or posting of ordinances, as required by
subdivision (a) , may be satisfied by either of the following actions :
(1) The city council may publish a summary of a proposed ordinance
or proposed amendment to an existing ordinance. The summary shall be
prepared by an official designated by the city council. A summary
shall be published and a certified copy of the full text of the
proposed ordinance or proposed amendment shall be posted in the
office of the city clerk at least five days prior to the city council
meeting at which the proposed ordinance or amendment or alteration
thereto is to be adopted. Within 15 days after adoption of the
ordinance or amendment, the city council shall publish a summary of
the ordinance or amendment with the names of those city council
members voting for and against the ordinance or amendment, and the
city clerk shall post in the office of the city clerk a certified
copy of the full text of the adopted ordinance or amendment along
with the names of those city council members voting for and against
the ordinance or amendment; or
(2) If the city official designated by the city council determines
that it is not feasible to prepare a fair and adequate summary of
the proposed or adopted ordinance or amendment, and if the city
council so orders, a display advertisement of at least one-quarter of
a page in a newspaper of general circulation in the city shall be
published at least five days prior to the city council meeting at
which the proposed ordinance or amendment or alteration thereto is to
be adopted. Within 15 days after adoption of the ordinance or
amendment, a display advertisement of at least one-quarter of a page
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AB 715 Assembly Bill - AMENDED Page 4 of 4
shall be published. The advertisement shall indicate the general
nature of, and provide information about, the proposed or adopted
ordinance or amendment, including information sufficient to enable
the public to obtain copies of the complete text of the ordinance or
amendment, and the names of those city council members voting for and
against the ordinance or amendment.
(d) (1) Any member of the public may file with the city clerk, or
any other person designated by the governing body to receive these
requests, a request for notice of specific proposed ordinances or
proposed amendments to ordinances.
(2) Notice pursuant to paragraph (1) shall be mailed or otherwise
transmitted at least five days before the council is scheduled to
take action on the proposed ordinances or proposed amendments to an
ordinance. Notice may be given by written notice properly mailed or
by e-mail if the requesting member of the public provides an e-mail
address. Notice may be in the form specified in either paragraph (1)
or (2) of subdivision (c) , as determined by the city council.
(3) As an alternative to providing notice as requested of specific
proposed ordinances or proposed amendments to ordinances, the city
clerk, or other person designated by the governing body, may place
the requesting member of the public on a general mailing list that
gives timely notice of all governing body public meetings at which
proposed ordinances or proposed amendments to ordinances may be
heard, as provided in Section 54954 . 1. If this alternative is
selected, the requesting member of the public shall be so advised.
(4) The city may charge a fee that is reasonably related to the
costs of providing notice pursuant to this subdivision. The city may
require each request to be annually renewed.
(5) Failure of the requesting person to receive the information
pursuant to this subdivision shall not constitute grounds for any
court to invalidate an otherwise properly adopted ordinance or
amendment to an ordinance.
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. . �:. :. , . . . . .
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SB 4 Senate Bill - AMENDED Page 1 of 2
BILL NUMBER: SB 4 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2009
INTRODUCED BY Senator Oropeza
DECEMBER 1, 2008
An act to add Section 5008. 9 to the Public Resources Code,
relating to public resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 4, as amended, Oropeza. Public resources: state beaches and
parks: smoking ban.
(1) Existing law makes it an infraction for a person to smoke a
cigarette, cigar, or other tobacco-related product within 25 feet of
a playground or tot lot sandbox area.
This bill would make it an infraction for a person to smoke, as
defined, a pipe, cigar, or cigarette on a state coastal beach or in a
unit of the state park system, as defined. The bill would establish
a state-mandated local program by creating a new crime.
This bill would permit the Department of Parks and Recreation or
another relevant state agency to develop and post signs at a state
coastal beach or a unit of the state park system to provide notice of
the smoking prohibition. The bill would require the smoking
prohibition to be enforced only after signs have been posted alerting
the public of the prohibition.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5008.9 is added to the Public Resources Code,
to read:
5008.9. (a) For purposes of this section, the following
definitions apply:
(1) "Cigar" has the same meaning as defined in Section 104550 of
the Health and Safety Code.
(2) "Cigarette" has the same meaning as defined in Section 104556
of the Health and Safety Code.
(3) "Smoke or smoking" means the carrying of a lighted pipe,
lighted cigar, or lighted cigarette, of any kind, or the lighting of
a pipe, cigar, or cigarette, of any kind, including, but not limited
to, tobacco or any other weed or plant.
(4) "State coastal beach" means a sand area that is owned,
operated, or under the jurisdiction of the state, an agency of the
state, or a department of the state and that adjoins the ocean, a
bay, or an estuary. "State coastal beach" does not include an
adjacent parking lot.
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SB 4 Senate Bill - AMENDED Page 2 of 2
(5) "Unit of the state park system" means an area specified in
Section 5002 . "Unit of the state park system" does not include an
adjacent parking lot.
(b) A person shall not smoke a cigar, cigarette, or other
tobacco-related product on a state coastal beach or in a unit of the
state park system.
(c) A person who violates this section is guilty of an infraction
and shall be punished by a fine of
($25e) one hundred dollars ($100) .
(d) The Department of Parks and Recreation or another relevant
state agency or department may develop and post signs at a state
coastal beach and a unit of the state park system to provide notice
of the smoking prohibition set forth in subdivision (b) . New signs
shall be posted only when existing signs are replaced by the state.
(e) This section shall only be enforced on state coastal beaches
or in a unit of the state park system once signs have been posted
alerting the public to the smoking prohibition in subdivision (b) .
SEC. 2 . No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
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TT;ACHMENT #4
AB 676 Assembly Bill - AMENDED Pagel of 3
BILL NUMBER: AB 676 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 21, 2009
INTRODUCED BY Assembly Member Jeffries
(Coauthor: Assembly Member Galgiani)
FEBRUARY 25, 2009
An act to add Seetson 66±8:-9--be) and repeal
Section 6018.9 of the Revenue and Taxation Code, relating to
taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 676, as amended, Jeffries. Sales and use taxes: consumer:
destination management company.
The Sales and Use Tax Law imposes a tax on retailers measured by
the gross receipts from the sale of tangible personal property sold
at retail in this state, or on the storage, use, or other consumption
in this state of tangible personal property purchased from a
retailer for storage, use, or other consumption in this state. That
law, with certain exceptions, defines a retailer as a seller who
makes any retail sale of tangible personal property and as a person
who makes more than 2 retail sales of tangible personal property
during any 12-month period, and defines a retail sale as a sale of
tangible personal property for any purpose other than resale in the
regular course of business.
This bill would provide , until January 1, 2015, that a
qualified destination management company as
defined, is a consumer, and not a retailer, of tangible
personal property it provides to its clients pursuant to a qualified
contract , as defined, for destination management
services, so that the sale of the tangible personal property to the
destination management company is the retail sale subject to tax.
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes
counties and cities to impose local sales and use taxes in conformity
with the Sales —airs— and Use Tax Law,
and the Transactions and Use Tax Law authorizes districts, as
specified, to impose transactions and use taxes in conformity with
the Sales and Use Tax Law. Exemptions from state sales and use taxes
are incorporated in these taxes. Section 2230 of the Revenue and
Taxation Code provides that the state will reimburse counties and
cities for revenue losses caused by the enactment of sales and use
tax exemptions.
This bill would provide that, notwithstanding Section 2230 of the
Revenue and Taxation Code, no appropriation is made and the state
shall not reimburse local agencies for sales and use tax revenues
lost by them pursuant to this bill.
This bill would take effect immediately as a tax levy, but its
operative date would depend on its effective date.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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AB 676 Assembly Bill - AMENDED Page 2 of 3
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6018.9 is added to the Revenue and Taxation
Code, to read:
6018.9. (a) A qualified destination management company is a
consumer of, and shall not be considered a retailer of, the tangible
personal property it provides to its client pursuant to a qualified
contract for destination management services.
(b) For the purposes of this section:
(1) "Destination management services" means the provision of four
or more of the following services:
(A) Transportation.
(B) Entertainment.
(C) Meals.
(D) Recreational activities.
(E) Tours.
(F) Registration.
(G) Staffing.
(2) "Qualified destination management company" means an
a corporation that meets all of the following:
(A) Is substantially engaged in the business of providing
destination management services. For purposes of this subparagraph,
"substantially" means that 80 percent or more of the gross sales are
derived from the business of providing destination management
services.
(B) Is not doing business as a caterer.
(C) Maintains a permanent nonresidential office in California
from which the destination management services are provided.
(D) Has three or more full-time employees.
(E) Expends ± t�nT at least 1
percent of its gross revenue annually to market California and local
destinations for tourism.
(F) Does not own any equipment used to provide destination
management services, including, but not limited to, dance floors,
decorative props, lighting, podiums, sound or video systems, stages,
or equipment for catered meals. This condition shall not apply to
office equipment used in the conduct of the destination management
company' s business.
(G) Does not provide services for weddings.
(3) "Qualified contract", means a contract between a qualified
destination management company and its client for destination
management services that meets all of the following conditions:
(A) The client is a corporation, partnership, limited liability
company, trade association, or other business entity principally
located outside of the county in which the destination management
services are provided. The client is not an individual, social club,
or fraternal organization.
(B) The client is responsible for paying the qualified destination
management company for all the destination management services
provided to the client.
(C) The qualified destination management company is responsible
for paying all the vendors that sell or lease tangible personal
property to the qualified destination management company for the
contract services, including vendors' charges for sales tax
reimbursement or collection of use tax.
(D) The destination management services occur , err
all, cf on two or more consecutive days.
(c) This section shall remain in effect only until January 1,
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AB 676 Assembly Bill - AMENDED Page 3 of 3
2015, and as of that date is repealed.
SEC. 2 . Notwithstanding Section 2230 of the Revenue and Taxation
Code, no appropriation is made by this act and the state shall not
reimburse any local agency for any sales and use tax revenues lost by
it under this act.
immediate—e• !F ect.
SEC. 3. This act provides for a tax levy within
the meaning of Article IV of the Constitution and shall go into
immediate effect. However, the provisions of this act shall become
operative on the first day of the first calendar quarter commencing
more than 90 days after the effective date of this act.
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Administration
SUBJECT: Intergovernmental Relations Recommendations
COUNCIL MEETING DATE: July 6, 2009
C/q ATTAC H M ENTS
v
STATUS"
Ordinance (w/exhibits & legislative draft if applicable) Attached
Applicable
❑
licable
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 Attorne ) 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 Applicable
Bonds (If applicable) Attached ❑
Not Ap licable
Staff Report (If applicable) Attached ❑
Not Ap licable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Ap licable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
E LA ._ATI F® ISSINO , TT, CHIV115NTS z; ,REVIEWED REl'URNED FOR DED
Administrative Staff )
Assistant City Administrator Initial
City Administrator Initial
City Clerk )
EXPLANATION FO''.R RETURN OF ITEM: _ _.,
Only)
RCA Author: Dapkus