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AgdaPkt 2004-04-26
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AgdaPkt 2004-04-26
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7/16/2012 4:07:06 PM
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4/23/2004 8:27:29 AM
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CC Index
CC Index - Document Type
Agenda Packet
Date
4/26/2004
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q.l�-� <br /> Legislative Bill Action <br /> ............................................................... <br /> The following are summaries of just a few of the legisladve bills that are currently being acted upon <br /> by the League of Califomia Cities. For more infortnation ab��ut these and other bilis, ple�se visit <br /> the League website's new "Issues and Advocacy" page ;www.cacitles.ora/ <br /> issuesandadvocacvl — a one-stop Iocation to access infortnation about legislation, policy issues <br /> and related developments. You can track information on bilis (www.cacities.org/legtracking), <br /> locate legislators and legislative committees, send letters to legislators or the media through the <br /> online Advocacy Center, research League policy positions, access useful related links, and much <br /> more. <br /> ADMINISTRATNE SERVICES ENVIRONMENTAL QUAL�y <br /> NB 2713 (Pavley). Rublie Agency Attorneys. pg 1991 (Lowenthal). �¢ (Richman) <br /> AB 2713, by fortner Agoure Hilis Cily Council Member Petroleum Storage Facilities. Assembly Member <br /> Fran Pavley, is a reintroduction of AB 363 (Steinberg), Alan Lowenthal has decided not to proceed with g@ <br /> which was supported by the League but unfortunately ] 9,,�,]. This measure attempts to streamline the <br /> vetoed by then Govemor Davis in 2002. The lan- planning and approval process {or the expansion of <br /> guage in AB 2713 is identical to the final version of AB existing or construction of new petroleum inirastruc- <br /> 363, which included a number of important provisions ture {acilfies. It would use as a model the existing <br /> requested by the League. process for siting and approving power plants, in <br /> which the Califomia Energy Commission (CEC) is the <br /> AB 2713 addresses the issue of attomeyclient lead agency for any faciliry over 50 MW in capacity — <br /> privilege for public agency attemeys, such as those and thus in which the CEC has the authority to pre- <br /> who work for cities, counties and state govemment. empt local land use decisions. The League had <br /> The bill narrowly defines when it is proper and permis- notified the author's otfice verbally that if the bill <br /> sible for a pubiic agency attomey to breach confiden- proceeds in its current fortn, we would oppose it. <br /> tiality without being subject to sanctions by the <br /> Califomia State Bar. Because of the importance of The League has engaged in discussions with the <br /> attorney-client confidentiality, a subcommittee of the CEC since the beginning of the year about this issue <br /> League's city attomeys departrnent, working with their and jointly sponswed with the CEC two roundtable <br /> County Counsel colleagues, spent many hours and discussions with ciiy and county officials familiar with <br /> months several years ago working on issue, both at petroleum infrastructure planning in southern and <br /> the State Bar level and on AB 363. In participating in northem Califomia. These workshops provided a very <br /> the negotiations on AB 363, the city attomeys and the real worid perspective to the topic. <br /> League recognized the special role that public <br /> lawyers play in facilitating public agency integrity. Although AB 1991 is dropped by the author for <br /> Thus, they requested language in AB 363, which was this year, AB 2305 (Richman) remains a potential <br /> accepted by Assembly Member Steinberg and re- vehiGe with which to address this topic. At this time, it <br /> mains in AB 2713, that creates a balance beriveen the is unclear what direction the author intends to take the <br /> need for public disclosure when wrongdoing is bill, although preliminary discussions with the authors <br /> egregious and the criticai importance of presen,ng office indicate that land use preemption is not being <br /> the rights of public agencies to confidential and considered. We'll keep you posted. Staff: Yvonne <br /> candid legal advice. Hunter; Status: AB 1991 Dropped by Author, e@ <br /> The League is pleased that this issue is once ��h�NatRes, Hrg 4/19; Position on both bills: <br /> again before the legislature in the form ofA@ 2713. <br /> Cities and city attorneys should send support letters <br /> to both the author and the Committee. Staff: Yvonne <br /> Hunter; Status: AsJud, Hrg 5/4; Position: Support. <br /> PAGE 8/PRIORITY FOCUS Visit the League's Offcial Web Site--www.cacities.org <br />
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