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<br />9A <br />Page 15 <br /> <br />telecommunications services. Voters in Desert Hot Springs voted 74 percent yes to increase their <br />UUT from 5 percent to 7 percent and modernized it to include new telecommunications <br />technologies. A Rancho Cordova proposal to modernize the city's UUT to include cell phones and <br />other new communication devices failed. It needed a two-thirds approval to pass but only 55 <br />percent of voters approved it. <br /> <br />Voters in Palmdale repealed their local term limits law. Voters in Sacramento County extended <br />binding arbitration of labor contracts to additional classes of employees. <br /> <br />A full report of these measures as well as others in 2009 may be found at <br />htto:/Iwww.californiacitvfinance.com/#VOTES. <br /> <br />Please contact Michael Coleman for more information at (530) 758-3952 or <br />coleman@muni1.com. <br /> <br />Source: County elections offices. <br /> <br />Retention Proceeds Legislation Moving Swiftly <br />League Opposed to AB 396 and SB 802 <br /> <br />AB 396 (Fuentes) and SB 802 (Leno) both contain provisions which would require that contract <br />retention proceeds not exceed 5 percent of the payment of all contracts entered into after January <br />2010, between a public entity and an original contractor, between an original contractor and a <br />subcontractor, and between all subcontractors. This bill removes the authority of public entitles to <br />decide the appropriate amount of retention. <br /> <br />Local agencies must accept the lowest responsible bidder and the flexible retention rate helps to <br />ensure timely and budget-conscious project completion. Local agencies commonly reduce <br />retention to 5 percent at the half-way point of project completion, if adequate progress is being <br />made and the contractor is acting in good faith. However, AB 396 and SB 802 would require local <br />agencies to limit retention to 5 percent regardless of the progress or good faith of the contractor. <br />This will protect potential bad actors either unknown or even known to the public agency, placing <br />public interests and public funds at risk. <br /> <br />The League has had many discussions in recent years regarding similar proposals to limit <br />retention proceeds to 5 percent (AS 1949: Conroy, 1996, vetoed; AS 940: Miller, 1997, vetoed; <br />AB 806: Keeley, 1999J vetoed; S8 619: Migden, 200BJ held). The League however remains <br />concerned over these measures because we have yet to see a specific need to limit retention <br />proceeds to 5 percent, but have instances where 5 percent retention is simply insufficient, <br />particularly for smaller agencies. <br /> <br />AB 396 is currently on the suspense file in the Assembly Appropriations Committee. S8 802 has <br />passed out of the Senate, and is expected to next be heard in Assembly Judiciary. The bills have <br />received only one "no" vote in any committee. <br /> <br />Sample opposition letters are available on the League Web site. Visit www.cacities.oro/billsearch <br />and type "AB 396" and "SB 802" into the search box to access up the letters. <br /> <br />Federal Stimulus Funds Bolster 2009 Summer Youth Employment Programs <br /> <br />Local Workforce Investment Areas (LWIAs) throughout California will be able to offer expanded <br />job training programs to young people this summer, as a result of the federal stimulus legislation <br />enacted in February. <br /> <br />California is set to receive $415 million of a total $1.2 billion now available nationwide through <br />Title VII of the American Recovery and Reinvestment Act (ARRA) (Public Law 111-5). The <br />funding has been distributed as grants to states to supplement existing Workforce Investment Act <br />(WIA) youth activities, including summer employment. <br /> <br />5 <br />