1. ARRA UPDATE
2. ACTION ALERT SB 802
        The Bill
        Background
3. HUTA UPDATE
4. PROP1A UPDATE
5. LEGISLATIVE WATER PACKAGE
         SB 3-Delta Conservancy  and  Delta  Protection  Commission (Wolk) 
        SB 1-
Delta Governance (Simitian) 
        AB 1-
The Delta Plan (Huffman) 
      SB 2 -
Water Use Reporting (Pavley) 
      AB 2 -
Water Conservation and Sustainable Management (Feuer/Huffman)
6. NEXT DIVISION MEETING
7. 2ND VICE PRESIDENT VACANCY
8. ILG SYMPOSIUM ANNOUNCEMENT
9. 3RD ANNUAL MAYORS CUP GOLF TOURNAMENT
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ARRA updates-'width' is a duplicate attribute name. Line 1, position 37.
Although ARRA hasn't been top news lately the League has been dilligently updating it's City Funding Book as new informaiton is made available. The latest version can be found here: http://www.cacities.org/federalstimulus
Please provide feedback to Meghan Taylor mtaylor@cacities.org on ARRA's impact to your workload (filing and reporting requirements) Also please provide feedback on the City Funding Book.
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Action Alert SB 802
The Bill: SB 802 by Senator Mark Leno would require local agencies to limit retention to 5% over the life of a project, thus protecting potential bad actors and placing public interests and public funds at risk. (SAMPLE LTR)

Background: Local agencies must accept the lowest responsible bidder for construction projects, and often use retention proceeds on progress payments to ensure that projects are timely and complete. Local agencies commonly begin with a 10% retention rate, and reduce retention to 5% at the half-way point of project completion if adequate progress is being made and the contractor is acting in good faith.

The League has had many discussions in recent years regarding similar proposals to limit retention proceeds to 5% (AB 1949: Conroy, 1996, vetoed; AB 940: Miller, 1997, vetoed; AB 806: Keeley, 1999, vetoed; SB 619: Migden, 2008, held). We continue to express concern over these measures because we have yet to see a specific need to limit retention proceeds to 5%, but have instances where 5% retention is simply insufficient, particularly for smaller agencies. This year, the League attempted to work with the sponsors to find middle ground, but the sponsor ultimately rejected the draft amendments.

Although Governor Schwarzenegger has expressed concern with similar legislation in the past, cities cannot rely on a veto this year. Last year, the Legislature passed, and the Governor signed, SB 593 (Chapter 341, Statutes of 2008) which prohibited CalTrans from withholding retention proceeds. CalTrans has reported no negative effects resulting from this legislation. As such, the Governor’s Administration has removed their opposition to legislation limiting retention proceeds. Take Action: SB 802 is nearly at the Governor’s desk, and cities should start submitting their letters of opposition now. A sample opposition letter is attached and is also available on the League website. Visit www.cacities.org/billsearch and type "SB 802" into the search box to access the letters.

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HUTA Deferral

As you know, the recently adopted budget contained language that deferred the receipt of local HUTA revenues for a six-month window period from July-December of 2009. This language was also vague on the repayment stating that repayment would be made "after January 1, 2010."

The language (See Section 2) to be included in a cash flow budget clean up bill (No Bill Number Yet) does the following:

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Prop 1A Update
Click the link to download the most recent Prop 1A borrowing language made available today.

Legislative Water Package Details'width' is a duplicate attribute name. Line 1, position 37.

With the release last week of a package of bills by Senate and Assembly Democrats intended to deal with Delta restoration, water conservation and water use, water issues will be dominating the end of the legislative session. The bills, in pre-print form, would require development of a Delta Plan, create a new Delta governance structure, require a 20 percent reduction in statewide urban per capita water use by 2020 and establish new water use reporting requirements. The measures also include provisions related to funding, implementation of the Bay-Delta Conservation Plan and in-stream flows.

The first of several legislative hearings on the bill package was held on Tuesday, Aug. 17. Numerous legislators, water interests, agricultural, environmental and local government leaders spoke about their thoughts on the state of the Delta and the legislative package. The next hearing could be scheduled as early as next week.

Assembly Member Jared Huffman (D-San Rafael), Assembly, Water, Parks and Wildlife Committee chair, briefed the committee and audience during Tuesday's hearing on a letter from Gov. Arnold Schwarzenegger that outlines his interest in a comprehensive bill package that would include a water bond to fund above-ground storage.

The Governor has stated that he will not sign the package of water bills if it does not include the items outlined in his letter. A copy of this letter has been posted on the California Association of Water Agencies Web site.

The State Assembly Water Parks and Wildlife Web site has posted a copy of each of the water bills.

Below is a brief summary of each of the bills.

SB 3- Delta Conservancy and Delta Protection Commission (Wolk) 'width' is a duplicate attribute name. Line 1, position 37.

• Delta Conservancy - creation and authority
• Delta Protection Commission - modifications
• Similar to SB 458 (Wolk)

This legislation makes modifications to the existing Delta Protection Commission (Commission), reducing its membership from 23 to 18 members, while retaining three city members. The Commission will function as a planning commission for the Delta.

The bill requires the Commission to adopt a resource management plan no later than 2011. It also requires cities and counties within the "primary zone" of the Delta to submit general plan amendments to the Commission to make sure they are consistent with the resource management plan. Cities designated to be in the "primary zone" of the Delta are Sacramento, Stockton, Tracy, Antioch, Pittsburg, Isleton, Lathrop, Brentwood, West Sacramento, and Oakley. Any other cities that may be incorporated in the future in the primary zone will be included as well.

SB 1- Delta Governance (Simitian) 'width' is a duplicate attribute name. Line 1, position 37.

• General Provisions - policies and definitions (Div. 35, Part 1)
• Early Actions - before adoption of Delta Plan (Div. 35, Part 2)
• Delta Stewardship Council - creation & authority (Div. 35, Part 3)
• Delta Water Master - creation and authority
• Delta Independent Science Board - creation and authority
• Delta Finance (Div. 35, Part 5)
• Similar to SB 12 (Simitian)

As introduced, the legislation would create the Delta Stewardship Council. This council would have the authority to pursue delta restoration work and a water conveyance facility. Four of the council's seven members would be appointed by the governor and two by the Legislature. The seventh would be the chair of the Delta Protection Commission. None of the council's seven members have specific appointment requirements (i.e., no specific city seats or county seats). The Council has no oversight by the Legislature or other state agency. The legislation also creates a new "Independent Science Board" and a "Delta Water Master" that has new authority to enforce environmental regulations.

AB 1- The Delta Plan (Huffman) 'width' is a duplicate attribute name. Line 1, position 37.

• General Provisions - policies and definitions (Div. 35, Part 1)
• Early Actions - before adoption of Delta Plan (Div. 35, Part 2)
• Delta Plan Development - completed by 2011 (Div. 35, Part 4)
• Bay Delta Conservation Plan Requirements
• Similar to AB 39 (Huffman)

SB 2 - Water Use Reporting (Pavley) 'width' is a duplicate attribute name. Line 1, position 37.

• Water Diversion and Use Reporting - requirements and enforcement
• Civil Liability for Water Trespass - modifications
• Groundwater Elevation Monitoring
• Similar to SB 229 (Pavley)

AB 2 - Water Conservation and Sustainable Management (Feuer/Huffman) 'width' is a duplicate attribute name. Line 1, position 37.

• Urban Water Conservation - 20 percent by 2020
• Agricultural Water Management Plans
• Sustainable Regional Water Resource Management
• Similar to AB 49 (Feuer)

This legislation requires the state and urban retail water suppliers to meet 20 percent water conservation by 2020. Urban retail water suppliers (defined as supplying water to more than 3000 municipal customers) have several options for calculating their reduction targets and baseline numbers in the bill.

For more information about the Legislative Water Package, contact Kyra Ross, League legislative representative, at (916) 658-8200.

Next Division meeting-Must RSVP for free breakfast buffet.
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Our next division meeting takes place on Friday September 18, 2009 at the League annual conference in San Jose,from 7:30-8:45 a.m.. The buffet breakfast remains free this year but you must RSVP otherwise the cost is $40.00/person at the door.

Elections'width' is a duplicate attribute name. Line 1, position 37.

1st Vice President Jim Gray has declined to be nomination to become President for the 2009-2010 term. The nomination therefore has gone to 2nd Vice President Cecilia Aguiar-Curry. This succession will create a new 2nd Vice President Vacancy as a result of incoming 2nd Vice President Bill Marble's succeeding to become 1st Vice President. The election of 2nd Vice President will take place at the September 18, divison breakfast. Persons interested in the 2nd Vice President vacancy should fill out the nomination form and submit it to Charles Anderson.

ILG Symposium Announcement'width' is a duplicate attribute name. Line 1, position 37.

Register Now for the Institute’s 5^th Annual

Luncheon Symposium on Thursday September 17^th  “Local Leaders Creating Healthy Neighborhoods for All”

3rd Annual Mayor's Cup Golf Tournament Reminder'width' is a duplicate attribute name. Line 1, position 37.
Reminder 3rd Annual Mayor's Cup Golf Tournament is on Thursday October 22, 2009 Lincoln Hills Golf Club. Players, Teams needed. Contact Charles Anderson 916-798-2231 for more information.