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<br />9A <br />Page 18 <br /> <br />over the age of 60, and those who are permanently medically incapacitated, regardless of the <br />length of their sentence. <br /> <br />Changing Wobbler Crimes to Misdemeanors ($100 million savings and 4,300 prisoner <br />reduction). Would have changed three offenses, petty theft with a prior, check kiting, and <br />receiving stolen property, from wobblers to misdemeanors. Rather than being committed to state <br />prison, these offenders would be committed to county jail. Last December's proposal changed <br />dozens of wobblers to misdemeanors. <br /> <br />Grand Theft and Grand Theft Auto Thresholds Updated. Would have changed the threshold <br />of grand theft and grand theft auto to $2,500. <br /> <br />California Public Safety Commission (Cost of $2 million). Would have created an <br />independent commission to establish sentencing guidelines no later than July 1. 2012. The 13- <br />member commission would be comprised of stakeholders including law enforcement officials, <br />criminal justice academic experts, and representatives of the judiciary and defense counsel. The <br />members of the commission would be appointed by the Governor and subject to Senate <br />confirmation. <br /> <br />Any gUidelines would go into effect Jan. 1, 2013 unless they are rejected by a majority of the <br />Legislature and the Governor. Similar proposals have been introduced in the Legislature in prior <br />years, but have faced opposition by the Governor and Republican legislators. <br /> <br />Opposition Letters Needed on Bill to Limit Retention Proceeds <br />S8 802 Expected to Go to Governor Next Week <br /> <br />Local agencies must accept the lowest responsible bidder for construction projects, and often use <br />retention proceeds on progress payments to ensure that projects are timely and complete. Local <br />agencies commonly begin with a 10 percent retention rate. The reduction rate is typically reduced <br />to 5 percent If adequate progress Is being made on the project and the contractor is acting in <br />good faith. 58 802 however would require local agencies to limit retention to 5 percent over the <br />life of a project which protects potential bad actors and placing public interests and public funds at <br />risk. <br /> <br />The League has had many discussions in recent years regarding similar proposals to limit <br />retention proceeds to 5 percent (AB 1949: Conroy, 1996, vetoed; A8 940: Miller, 1997, vetoed; <br />A8 806: Keeley, 1999, vetoed; 58619: Migden, 2008, held). The League continues to be <br />concerned about these measures because there is no specific need to limit retention proceeds to <br />5 percent, but have instances where 5 percent retention is simply insufficient, particularly for <br />smaller agencies. This year, the League attempted to work with the sponsors to find middle <br />ground, but the sponsor ultimately rejected the draft amendments. <br /> <br />Although Gov. Arnold Schwarzenegger has expressed concern with similar legislation in the past, <br />cities cannot rely on a veto this year. Last year, the Legislature passed, and the Governor signed, <br />58 593 (Chapter 341, Statutes of 2008) which prohibited Caltrans from withholding retention <br />proceeds. Caltrans has reported no negative effects resulting from this legislation. As such, the <br />Governor's administration removed its opposition to legislation limiting retention proceeds. <br /> <br />Take Action <br /> <br />The Governor is expected to review 58 802 next week. City officials are urged to submit letters of <br />opposition immediately. Sample opposition letters are available on the League Web site. Please <br />go to www.cacities.ora/billsearch and type "58802" into the search box to access the letters. <br /> <br />American Recovery and Reinvestment Act: Updates and Additional Funding <br />Opportunities <br /> <br />American Recovery and Reinvestment Act (ARRA) Registration Required for Federal <br />Reporting. On Aug. 17, registration for funding recipients required to report under ARRA Section <br />5 <br />