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1 C I T Y O F L A T H R O P LINKS OF IN- TEREST: V O L U M E 1 4, I S S U E 5 M A Y Gladwell Government Services, Inc. President s Message GG-One Software com/ IntelliBridge Partners tners.com Lapkoff & Gobalet Demographic Research Inc. om INSIDE THIS ISSUE: President s Message 1 Legislative Director s Report 2 Newly Designated 3 Community Svcs 4 Policy Committee Central Nuts & 5 Bolts Housing, Community & Econ Dev 6 NCCCA Scholarship Update Educational 8 Opportunities Classifieds 9 CCAC Board 13 The 40 th Annual CCAC Conference has come and gone. I can now wipe the sweat off my brow and go on to the next thing. A huge thank you to the Conference Committee led by Nanci Lima. Everyone did such a wonderful job on everything. Our own Professional Development Director, Dawn Abrahamson, was not able to join us at the conference, but set up some great sessions and the food was excellent as usual. All the fundraising events raised over $7,000 to educate our Clerks throughout the state. Tom Killian did a great job scouting out Sgt. Peppers Dueling Pianos. We all had a great time, even me when I was asked to lead the Chicken Dance on stage. Hey if you can t laugh at yourself, what good is life? I also want to give a special thank you to Rex, Tom, and the guys who fulfill our A/V needs. We couldn t do it without any of you and we truly appreciate everything you do for us. Wednesday afternoon at lunch, we recognized Retired or Rewired Clerks in attendance. It is always a pleasure to greet old friends. We also recognized all those City Clerks who received their CMC and MMC designations. Congratulations one and all. Jamie Anderson, MMC CCAC President I started the Thursday night festivities with a huge surprise. I had no clue my husband and daughter were going to be there. Lee Price and my Daughter Julie conspired for weeks and I had no idea. Thank you so much Lee and Julie. That was the best surprise I could have ever had. But, enough about me, the banquet is where we honor our City Clerk of the Year and recipients of Awards of Distinction. Please join me in congratulating Sharie Apodoca, City Clerk of Irvine, for receiving the Award of Distinction for Voter Outreach; Molly McLaughlin, City Clerk Rancho Santa Margarita, for Public Relations; Geri Bryan, City Clerk Lancaster, for Organization, Administration and Communications; Rachelle Klassen, City Clerk Palm Desert, for Special Projects; and Caroline Soto, City Clerk Dublin, for Records Management. I received so many great nominations that the selection was very difficult. Last but not least, give a big shout out to Rebecca Burleson, Deputy City Clerk Signal Hill. Her nomination came from not only her City Manager, but also her elected City Clerk, City Attorney and the City Prosecutor in neighboring Long Beach. Congratulations Rebecca, you deserve it, and I (Continued on page 2)

2 PAGE 2 Legislative Director s Report Randi Johl, JD, MMC Legislative Director LEAGUE OF CALIFORNIA CITIES The League s Administrative Services Policy Committee met on April 5, 2013 and received a detailed presentation regarding the history, current status and future amendment of the Brown Act. The presenters were Michael Jenkins and Christie Hogin of Jenkins and Hogin, both recognized experts in Brown Act application. The presenters concluded that any significant amendments to the Brown Act over the next few years are highly unlikely absent an unprecedented event (i.e., Bell). The current goal on both sides is to maintain the balance between conducting the people s business in an open and transparent manner while not placing an undue burden on the already limited resources and staff of local government. The Committee also reviewed the list of pending legislation (approximately 100 bills) under the Committee s jurisdiction related to the Brown Act, Public Records Act, FPPC, and elections. The list of pending bills for the Administrative Services Committee, as well as the other seven committees, can be found at Advocacy/Bill-Search.aspx. The League Board of Directors met on April 25, 2013 in Sacramento. The Board received a presentation from League staff and CalPers Chief Executive Officer Anne Stausboll regarding CalPers revising its ac- tuarial smoothing and amortization policies. As you may be aware, on April17, 2013, the CalPers Board adopted new actuarial policies that will increase employer rates beginning FY The new policy frontloads employer contributions over a shorter, five-year period to ensure that payments are not deferred indefinitely. The old method was a 15- year smoothing over a 30-year rolling amortization period and the new method is a 5-year smoothing over a 30-year fixed amortization period. It is anticipated that the system will be fullyfunded absent any significant market conditions by Additional information about the CalPers changes can be found on the League s website at Governor Jerry Brown also attended the Board meeting and discussed his 2013 priorities including water, school finance and high-speed rail. He also expressed an interest in working on CEQA and other regulatory reforms and infrastructure. The Governor addressed various questions from Board members pertaining to subsidiary/local control, jobs and economic development and public safety realignment. He also anticipated a balanced budget this year. While the Governor stopped short of stating he will run (Continued on page 3) President s Message Cont. think you were genuinely surprised. Finally, there was so much I wanted to say at the end of the Conference, but my emotions got the better of me and I couldn t make the words come out. As many of you know, I will be retiring as of June 1 st of this year. I thought I could make it through saying goodbye but the tears started to flow the minute I opened my mouth. I have truly loved this profession and all the people I have had the pleasure to work with on the Board, at the Conferences and at CEPO. As far as I am concerned, City Clerks are the greatest. I love each and every one of you, and encourage you to run for an office, either in your Divisions, or on the State Board. Get involved in any way you can. Nomination period is opening now and you will never regret it. I won t say goodbye for now, just that I hope to see you soon. Maybe next year I will be able to attend the Retirees Luncheon. If not, I will have an open door in Florida just waiting for visitors. VOLUME 14, ISSUE 5

3 Newly Designated Congratulations to the following IIMC Members for achieving their designations! PAGE 3 Certified Municipal Clerk: ο Brenda Lopez, CMC, City of Adelanto ο Dina Volenski, CMC, Town of Paradise ο Andrea Carranza, CMC, City of Coachella Master Municipal Clerk: ο Sherry Morton-Ellis, MMC, City of Riverside Legislative Director s Report Cont. again for election, the tone and content of his message did not rule out that possibility. While there were no surprises in his commentary, the direct nature of his responses was refreshing. The Board took action to assess the viability of pursuing legislative options to lower the voter threshold for special taxes and bonds from 2/3 to a 51% or 55%. Considerations will include the pros and cons of changing the threshold, coalition building and costs associated with pursuing a legislative option. The Board also took an action to approve the results of the two bylaw amendments submitted to the members in March. The first amendment required a concurrence of five or more cities for resolution presentation to the General Assembly. The second amendment required a 2/3 vote of the Directors present to take a position on a statewide ballot measure. Both amendments passed overwhelmingly. It was a pleasure serving as Chair of the Counting Committee for the bylaw amendment mail ballot process. Finally, the Board approved the League s financial statements with the independent auditor s report for the period ending December 31, No significant issues or financial concerns were identified. FAIR POLITICAL PRACTICES COMMISSION At its April 25, 2013 meeting, the Commission amended Regulation by restructuring its existing conflict of interest analysis. The current steps one ( Am I a public official? ), two ( Am I participating in a governmental decision? ), and three ( What are my financial interests? ) from the existing eight-step analysis, were eliminated and moved into the definitional section of the regulation since those seeking advice already know the answers to these questions. The reasonably foreseeable step was moved up from the end of the analysis to the beginning and uniformity was brought to the use of the terms financial interest and economic interest in the conflicts regulations. The FPPC introduced a Gift Tracker application for Android this month. An IOS application is also in the works. The new app allows individuals to record and track gifts from multiple sources throughout the year and has an ability to export the data into a spreadsheet that can be attached to the Form 700. Another feature of the app provides the ability to search for a particular source and value of a gift. The data is stored on the user s phone only and is not collected electronically by the FPPC. The app is free and can be accessed through Google Play. LEGISLATION STATUS The Legislative Committee is actively engaged or monitoring various pieces of legislation including the bills listed below. The current status and full text of these bills can be found online at (Continued on page 4) VOLUME 14, ISSUE 5

4 PAGE 4 Vicki Kasad, MMC Assistant City Clerk City of Ontario Community Services Policy Committee The Community Services Policy Committee of the League held its second meeting of the year in Pasadena on April 4, The day started with a joint briefing to all of the Thursday Committees on the Governor s Budget, Post-RDA Economic Development/Infrastructure Bills, Proposition 39 Cap & Trade, Pension Reform Implementation and the Affordable Care Act, and Enterprise Zones. grams utilized by the City of Pasadena including economic incentives, the Mills Act, historic Development Standards, 20% rehabilitation tax credits, and façade easements. Council Member Mark Wheetley from the City of Arcata, gave a presentation highlighting preservation efforts underway in their historic Creamery District. The Committee also briefly discussed the Affordable Care Act, AB 1027 (Bonilla)/ AB465( Maienschein) regarding access to criminal background checks for those associated with youth sports, and legislation intended to raise flexibility by lowering voter approval for library funds. The next meeting will be held on June 13 th in Sacramento. Legislative Director s Report Cont. AB 45 (Dickinson) Political Reform Act - This bill would increase the monetary threshold of contributions or independent expenditures that qualify a person or combination of persons as a committee to $2,000. AB 141 (Gorell) Write In Candidates - This bill would require that a write-in candidate for a voter-nominated office receive votes at the direct primary election equal in number to at least 1% of all votes cast for the office at the last preceding general election at which the office was filled in order for his or her name to be placed on the general election ballot as a candidate for that office. AB 185 (Hernandez) Televised Meetings - The bill would provide that an audio or video recording of an open and public meeting made at the direction of a local agency may be erased or destroyed 2 years after the recording instead of 30 days. AB 193 (Logue) Ballot Measure Arguments - This bill would require the city elections official, for a measure placed on the ballot by The focus of our Committee for the day was a panel discussion on the issue of Historic Preservation Resources. Pasadena Mayor Bill Bogaard spoke to us about his City s original architecture and the focus on historic preservation that has helped them to maintain the historic charm of Pasadena. Kevin Johnson, City of Pasadena Historic Preservation Planner detailed the historic preservation prothe legislative body, to give preference and priority to the argument of a member or members of the legislative body authorized by that body only if the argument is consistent with the position taken by the legislative body on the measure. AB 194 (Campos) Public Criticism at Open Meetings - This bill would make it a misdemeanor for a member of a legislative body, while acting as the chairperson of a legislative body of a local agency, to prohibit public criticism protected under the act. This bill would authorize a district attorney or any interested person to commence an action for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of the protection for public criticism is null and void, as specified. AB 331 (Garcia) Consolidation of Elections - This bill would specify that whenever an election called by a district, city, or other political subdivision is consolidated with a (Continued on page 5) VOLUME 14, ISSUE 5

5 PAGE 5 Ladies and Gentlemen (Super Heroes One and All)! Registration is now open for CCAC s Central Nuts & Bolts Workshop which will be held in Manteca July 25 & 26, Attached on pages you will find the Workshop Flyer and Registration form! Share this information with other Super Heroes of the City Clerk s Office! Legislative Director s Report Cont. county or statewide election, the consolidated election shall be conducted in accordance with the applicable procedures and practices of the county in which the election is consolidated, as determined by the county elections official, provided that the procedures and practices are not inconsistent with the provisions of law regulating the statewide or county election. AB 642 (Rendon) Online Newspaper of General Circulation - This bill would provide that a newspaper that is available on an Internet Web site may also qualify as a newspaper of general circulation, provided that newspaper meets certain criteria. AB 792 (Mullin) Agenda/Notice Website Postings - This bill, if the local agency is unable to post the agenda or notice on its Internet Web site because of software or hardware impairment beyond the local agency's reasonable control, would require the local agency to post the agenda or notice immediately upon resolution of the technological problems. The bill would provide that the delay in posting, or the failure to post, the agenda or notice would not preclude a local agency from conducting the meeting or taking action on items of business, provided that the agency has complied with all other relevant requirements. AB 813 (Melendez) Election Results. This bill would require the certified statement of the results of the election and the certified statement of the vote to be posted on the Internet Web sites of each local elections official and the Secretary of State in a downloadable spreadsheet format, as specified. By imposing new duties on local elections officials, the bill would impose a state-mandated local program. AB 1090 (Fong) Conflicts of Interest in Contracts. This bill would make a person who violates the prohibition against being financially interested in a contract, or who causes another person to violate or who aids and abets another person in violating the prohibition, subject to administrative and civil fines, as specified. The bill would authorize the Commission to enforce these violations by bringing an administrative or civil action against a person who is subject to the prohibition, as specified. AB 1316 (Harkey) Election Ballots, Identical Names. Existing law requires the elections official to place a warning that there are candidates for the same office with identical names on the ballot, any sample ballot, ballot pamphlet, or other mailing sent by the (Continued on page 7) VOLUME 14, ISSUE 5

6 PAGE 6 Housing, Community & Econ Dev Committee Eva Buice Senior Records Specialist City of Ontario The Housing, Community & Economic Development Policy Committee met on Thursday, April 4, 2013 in Pasadena. After a general briefing and review of the state budget with the other policy committees, the Housing, Community & Economic Development (HCED) Committee met to discuss items on their agenda. These agenda items included a welcome and introductions; information regarding HCED Bills of Interest and an update from the January HCED Policy Committee 2013 meeting. The Committee took action on three Legislative items. Legislative Updates were presented on the following items: AB 5 (Ammiano) Homelessness. According to the author of this bill, municipalities have used mean-spirited and discriminatory laws to keep select people out of public spaces and the public consciousness. Cities have begun enacting a wave of laws, targeting people without homes. These laws criminalize sleeping, sitting and food sharing. AB 5 would protect people without homes from violations of their basic human rights. The bill would enact the Homeless Person s Bill of Rights and Fairness Act which would provide every person in the state, regardless of actual or perceived housing status, income level, mental illness or physical disability shall be free from specified forms of discrimination and entitles them to certain rights. The bill would provide that no person s rights, privileges, or access to public services may be denied because he or she is homeless and they shall be free from any type of discriminatory treatment. The bill also would establish that every person shall have the right to basic human rights including the right to move freely in public spaces; to rest in public places; to engage in life sustaining activities that must be carried out in public spaces because of homelessness, which includes but is not limited to congregating while eating, possessing and storing personal property, urinating, collecting or possessing goods for recycling without being subject to criminal or civil sanctions; the right to 24/7 access to clean, safe public restrooms; the right to restitution for loss of property if the belongings are unlawfully confiscated by law enforcement. There are a multitude of rights spelled out in this bill. The HCED Committee voted unanimously to oppose this bill. AB 745 (Levine) Housing Density. This bill would authorize a city or county to request the appropriate council of governments to adjust a density to be deemed appropriate if it is inconsistent with the city s or county s existing density. This bill gives jurisdictions one more option to meet density requirements with regards to their housing elements. The bill allows cities to request the council of governments adjust a default density, where the default density is inconsistent with the city s existing density. The HCED Committee voted unanimously to support and approve this bill. AB 823 (Eggman) Farmland Protection Act. This bill would enact the California Farmland Protection Act and require an applicant for a project that involves conversion of agricultural land to provide minimum mitigation requirements. The bill would impact land use and zoning requirements of cities as it relates to agricultural land. The bill would also impact lead agencies and their duties under CEQA so this bill was being introduced not only to the HCED Committee but also to the Environmental Quality Policy Committee (EQ). The bill would authorize jurisdictions to impose restrictions stricter than the statement requirements, but would also restrict lead agencies from imposing less stringent requirements or different requirements based upon the community or project. The HCED Committee voted unanimously to support and approve this bill. The next meeting will be held on Thursday, June 13, 2013 in Sacramento. VOLUME 14, ISSUE 5

7 Legislative Director s Report Cont. official. This bill would modify the text of the statement contained within the candidate's request for a distinguishing mark next to his or her name on the ballot. The bill would introduce revised numerical specifications and procedures for the assignment of the distinguishing mark. The bill would also require the elections official to conduct a drawing of the numbers assigned to the candidates in a similar manner as provided for by existing law to determine the order on the ballot for candidates with similar names. By imposing a new requirement on local officials, the bill would create a state-mandated local program.***ccac Sponsored Bill*** AB 1333 (Hernandez) Local Government Contracts. This bill would require the legislative body of a city, county, or district to review any contract with a private party with a total value of $250,000 or more, that contains an automatic renewal clause on or before the annual date by which the contract may be rescinded. SB 2 (Lieu) Political Reform Act Filings. The act requires elected officers, candidates, committees, and slate mailer organizations to file semiannual reports, preelection statements, and supplemental preelection statements. This bill would repeal these reporting requirements. This bill would establish quarterly statements, monthly statements, preelection statements, postelection statements, and cumulative statements for filing, as specified. SB 268 (Gaines) Political Reform Act Filings. The Political Reform Act of 1974 requires candidates and committees to file specified campaign finance reports, including semiannual statements, preelection statements, supplemental preelection statements, and late contribution reports, that include prescribed campaign finance information. This bill would repeal the requirements to file these reports and would, instead, require that a candidate or committee who makes or receives a contribution of $100 or more to report that contribution (Continued on page 8) PAGE 7 NCCCA Scholarship Update Recent Awards One $150 award for March 2013 NCCCA Meeting Carrie Willis, City of Rohnert Park Two $1000 awards for April 2013 Annual Conference Joelle Fockler, City of Walnut Creek Stephanie Williams, City of Santa Rosa Upcoming Opportunities Two $400 awards for Central Division Nuts & Bolts July 25 26, 2013, in Manteca Deadline to apply is June 14, 2013 Click here to download the application form from the CCAC website VOLUME 14, ISSUE 5

8 PAGE 8 Legislative Director s Report Cont. to specified filing officers within 24 hours of receiving the contribution. The bill would require a candidate or committee making the contribution to report his, her, or its full name and address, the full name and address of the recipient, the office sought by the candidate or the ballot measure, as appropriate, and the date and amount of the contribution. The bill would require the recipient of the contribution to report his, her, or its full name and address, the date and amount of the contribution, whether the contribution is in the form of a loan, and the full name of the contributor, and his or her street address, occupation, and employer or the name of the business, if self-employed. SB 311 (Padilla) Charter and Charter Proposals - This bill would eliminate the option of submitting a city or city and county charter, charter amendment, or charter proposal to the voters at a statewide primary or regularly scheduled municipal election, and would require the charter, charter amendment, or charter proposal to be submitted to the voters at a statewide general election, provide there are at least 95 or 88 days, as applicable, before the election. SB 338 (Hill) Teleconferencing - This bill would require, if the legislative body of a local agency elects to use teleconferencing and a teleconference location is located outside the boundaries of the local agency, that the agenda be posted at that location at least 24 hours in advance of the meeting rather than 72 hours. SB 401 (Rubio) Petition/Paper Signatures - This bill would delete the requirement that the voter be unable to personally affix his or her information in order to request that another person print the voter's name and place of residence on the petition or paper. This bill would also delete the requirement that a witness subscribe his or her name on the petition or paper and would instead require the person who assists the voter in completing the petition or paper to sign and date the petition or paper below the signature of the voter. SB 638 (Lara) Election Candidate Misrepresentation - This bill would make it a misdemeanor for an individual to become, or induce another individual to become, a candidate for a local or state elective office under a name that is identical to, or very similar to, another candidate for that same office, with the sole intent of deliberately misleading voters who desire to vote for that other candidate, and otherwise would vote for that other candidate, but for confusion caused by the similarity in names. The bill also would authorize a candidate for a local or state office election in which this conduct occurs to seek a writ of mandate or an injunction requiring the removal of the offending candidate from the ballot. The bill would make the authority to issue a peremptory writ of mandate or injunction contingent upon clear and convincing proof that the specified conduct has occurred Educational Opportunities The CCAC website has a listing of the 2013 educational opportunities available to the membership. Visit the Events Calendar page at to get updated information. Specific questions may be referred to Professional Development Director Dawn Abrahamson at dabrahamson@ci.vallejo.ca.us or (707) VOLUME 14, ISSUE 5

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13 2012/13 CCAC Board of Directors PAGE 13 Jamie Anderson, MMC, President, Yucca Valley, , Nanci Lima, MMC, First Vice-President, Chowchilla, , Rebekah Barr, MMC, Second Vice-President, American Canyon, , Cynthia VanWormer, CMC, Recording Secretary, Fort Bragg, , Randi Johl, JD, MMC, Legislative Director, Lodi, , Patrice Olds, MMC, Treasurer, San Mateo, , Mitzi Ortiz, MMC, Communications Director, Lathrop, , Dawn Abrahamson, MMC, Professional Development Director, Vallejo, , Shawna Freels, MMC, Northern Division Professional Development Representative, Gilroy, , Dana Davidson, MMC, Central Division Professional Development Representative, Merced, , Poonam Davis, MMC, Southern Division Professional Development Representative, Long Beach, , Margaret Roberts, MMC, Northern Division Trustee, Menlo Park, , Lori Martin, MMC, Central Division Trustee, Waterford, ext 109, Susan Ramos, MMC, Southern Division Trustee, Aliso Viejo, , Marian Handa, CMC, Northern Division Chair, San Leandro, , Jose Jasso, CMC, Central Division Chair, Manteca, , Peggy Johns, MMC, Southern Division Chair, Laguna Hills, , Shirley Concolino, MMC, Immediate Past President, Sacramento, , Colleen Nicol, MMC, IIMC Past President, Riverside, , Kristi Smithers, MMC, Region IX Director, Wasilla, AK , Joann Tilton, MMC, Region IX Director, Manteca, , League Representative: Lorraine Okabe, Asst. Director, Education & Conferences, , VOLUME 14, ISSUE 5