LEGISLATIVE SUBCOMMITTEE
Staff Report
Meeting Date : Dec. 13, 2022
To: Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Dire~tor
Staff Contact: Jason Haber, [email protected]
Subject: Draft City of Carlsbad 2023 Legislative Platform District: All
Recommended Action
Discuss and determine proposed amendments to the City of Carlsbad Legislative Platform, including the proposed 2023 Legislative Priorities, to recommend to the City Council.
Discussion
The attached red line Draft City of Carlsbad 2023 Legislative Platform (Exhibit 1) presents proposed amendments recommended by city staff for the Subcommittee's consideration.
This item will provide an opportunity to discuss Subcommittee recommendations and to provide feedback to staff to prepare the document for City Council consideration.
The League of California Cities's Summary of Existing Policy and Guiding Principles - May 2022 (Exhibit 2) is included as a resource to the Subcommittee in developing its recommendation to the City Council.
Staff have proposed to identify the City Council's strategic goals as 2023 Legislative Prioritie s; however , in proposing its recommended priorities , the Subcommittee may also wish to consider the 2023 Advocacy Priorities that were recently adopted by the League of California Cities's Board of Directors, which are as follows:
1. Protect and expand investments to prevent and reduce homelessness. Secure sustainable state funding that bolsters cities' efforts to support individuals experiencing, or at risk of, homele ssness. While protecting existing resources, strengthen state and local partnerships to connect individual s with the care they need through coordinated care systems that provide access to wraparound services, including mental health and substance use treatment .
2. Increase the supply and affordability of housing while retaining local decision- making . Secure long-te rm, sustainable funding tools for cities to jumpstart the construction of housing at all income levels and ensure cities retain flexibility to achieve local and state housing goals.
Dec. 13, 2022 Item #3 Page 1 of 101
3. Improve public safety in California communities. Pursue strategies and resources to address crime and its underlying causes. Partner with all levels of government and diverse organizations to improve community safety through prevention and early intervention programming, workforce recruitment and retention, and improved re-entry services.
4. Safeguard essential local revenues and support fiscal sustainability. Protect, increase, and modernize revenue streams for local priorities . Oppose efforts that would reduce or eliminate funding for cities, including unfunded mandates .
Next Steps
A resolutiqn approving the City of Carlsbad 2023 Legislative Platform will be presented for City Council consideration on January 10, 2023.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
l. Redline Draft City of Carlsbad 2023 Legislative Platform
2. League of California Cities Summary of Existing Policy and Guiding Principles - May 2022 Dec. 13,2022 Item #3 Page 2 of 101
Exhibit 1
CITY OF CARLSBAD
2023a. LEGISLATIVE PLATFORM
The Legislative Platform provides a foundation for the City of Carlsbad's Intergovernmental Affairs Program and enables the city to efficiently and effectively address intergovernmental and legislative matters affecting the city and its communities. The purpose of this Legislative Platform is to clearly express the city's position on, and provide a basis for prioritizing and acting upon, a broad range of intergovernmental and legislative matters that may impact the city's ability to operate effectively.
The City Council has identified the Guiding Principles, Legislative Priorities and Position Statements comprising this Legislative Platform to guide the city's advocacy efforts. The city's legislative positions are organized under a framework modeled after the League of California Cities'~ Summary of Existing Policy and Guiding Principles. The Legislative Platform will be reviewed annually by the City Council Legislative Subcommittee and amended as needed by the City Council.
Contents
• Guiding Principles
• 2021~ Legislative Priorities
• 2021~ Legislative Platform: Position Statements
1. Community Services
Arts, Cultura l Resources, Historic Preservation
and Education
Child Care
Park Bond Funds
Public Parks/Recreational Facilities
Public Libraries
Seniors
Healthy Cities
2. Environmental Quality
Climate Change
California Environmen t al Quality Act {CEQA)
Hazardous Materia ls
Solid Waste, Recycling and Diversion
Uti lities
Coastal Issues
3. Water
General Principles
Water Conservat ion
Wat er Recycling
Water Quality
Water Storage & Conveyance Systems
New Technology
Financial Considerations
Dec. 13, 2022
4. Governance, Transparency and Labor Relations
Labor Relatio ns
Workers' Compensation
Governance and Ethics
Elected Officia ls
5. Housing, Community and Economic Development
Planning and Zoning
Housing
Subdivision Map Act
Economic Developme nt
6. Public Safety
Fire Services
Emergency Services and Preparedness
Law Enforcement
Drugs and Alcohol
Homelessness
Miscella neous
7. Revenue and Taxation
State Mandates
8. Transportation, Communication and Public Works
Transportation
Public Works
Contracts
Telecommunications
Item #3 Page 3 of 101
Guiding Principles
I. Preserve Local Control - The city supports the broadest authority for our citizens and the City Council to make decisions and provide public services locally. As citie s are voluntarily created by the residents of a community to provide local self-government and to make decisions at the local level to best meet the diverse needs of the community, the city opposes preemption of local control.
II. Maintain Fiscal Responsibility - The city supports legislative and budget measures that protect and enhance its existing funding sources, revenue base and control over local government budgeting. The city opposes efforts to shift local funds to the county, state or federal governments, diminish its revenue base or impose new mandates that are unfunded or inadequately funded.
Ill. Protect Quality of Life - The city supports state legislation and funding that preserve the safety, security, cultural resources and well -being of our residents, workers, businesses and visitors . The city opposes efforts that would negatively impact the infrastructure, public health and safety, community development, equitable community services, cultural integrity and environmental programs and other city efforts to maintain and enhance the quality of life in Carlsbad. 202~a Legislative Priorities
1. COVI[) 19 PandemiE EEOnomiE Relief and ReEO¥ery
2. eeonomiE Re-.«italization
3. l-lo1:1sing and l-lomelessness
4. Mosility
5. P1:101ie l=lealth and Safety
G. S1:1stainasility
1. Community Character
2. Quality of Life & Safety
3. Sustainability & the Natura l Environment
4. Economic Vita lity
5. Organizational Excellence & Fiscal Health
202~a Legislative Platform: Position Statements
1. Community Services
Arts, Cultural Resources, Historic Preservation and Education {a) Support funding and legislation that support local arts and cultur e, acknowledges the community's history and curr ent condit ions and recognizes the need for preservation and education .
Child Care
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(a) Support measures that reduce regulatory complexities and the burden of insurance costs for child care providers.
(b) Support funding for the construction, renovation and maintenance of child care facilities.
(c) Support the provision of reasonable tax incentives for employers who offer child care services.
(d) Support legislation that restores local control over child care services in areas such as licensure, staffing, education and training.
Park Bond Funds
(a) Support statewide park bond measures that include a component that provides per capita grants to cities and counties .
(b) Oppose statewide park bond measures that tie local eligibility for grant funds to non-park related issues, such as rent control or housing element status.
Public Parks/Recreational Facilities
(a) Support increased and sustainable funding for community park facilities, open space, and recreation programs.
(b)
(c)
(d)
Support legislation that preserves the ability to implement integrated pest management practices, a science-based, decision -making process that combines biological, physical and chemical tools in a way that achieves pest control objectives while minimizing economic, health, and environmental risk.
Support legislation requiring public pools to provide Automated l:xternal Oefibrillators (Al:Os) during pool operations.
Support legislation that allows lifoguards certified b'I the United States Lifesaving Association to perform lifeguard services at public pools .
Public Librarie s
(a) Support increased and sustainable funding for local public libraries and the State Library.
(b) Oppose Internet filtering laws that apply to publicly funded libraries. (c) Support legislation that preserves library patron privacy. (d) Support legislation that preserves net neutrality.
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Seniors
(a) Support legislation that fosters independence of older Californians. fat(b) Support legislation that advances the objectives of the Age Friendly Carlsbad Action Plan, including increased and sustainable funding for senior transportation services, social and civic engagement programs and senior housing.
Healthy Cities
{a) Support legislation that recognizes and prevents adverse impacts affecting public health and the welfare of all residents, visitors and workers, and especially the young.•
{b) Support initiatives that encourage cities to help parents make healthy family choices; create healthy schools; provide access to healthy and affordab le foods; and adopt city design and planning principles that promote physical activity.
{c) Support initiat ives that encourage cit ies to involve youth, especially middle and high school students, with city health-related programs, including those promoting mental and psychological well-being. {d) Support initiatives that encourage cities to address the needs of an aging population through local and statewide planning, education and programming.
{e) Support legislation that preserves the authority of local agencies to establish their own rules and regulations pertaining to community recreational activities.
{f) Support funding for local communities attempting to address the needs of migrant workers.
2. Environmental Quality
{a) Support legislation that complements the city's Environmental and Sustainability Guiding Principles.
(b) Support fu nding and legislation to improve and protect recreationa l water quality from contamination, support effective habitat management practices, and create and maintain public open space.
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(c) Support funding and legislation that facilitates and protects local control of habitat management planning, maintenance and administration.
Climate Change
(a) Support funding and legislation that promotes market penetration and infrastructure expansion for electric and alternative fuel vehicles. (b) Support funding and legislation that facilitates energy efficiency practices and actions to mitigate the sources of greenhouse gas emissions. (c) Support legislation that reduces the amount of ozone depleting compounds discharged into the atmosphere.
(d) Support funding and legislation that promotes the use and purchase of clean alternative energy through the development of renewable energy resources and waste-to-energy technologies .
California Environmental Quality Act (CEQA)
(a) Support legislation that either requires citizen initiatives to comply with CEQA before being placed on the ballot or exempting from this requi rement a City Council initiated ballot measure dealing with the same subject matter on the same ballot.
(b) Support legislation that streamline s federal and state environmental review processes and limits court reviews of environmental documentation.
Hazardous Materials
(a) Support efforts for the proper and cost-effective disposal of solid, hazardous and medical waste.
(b) Oppose legislation that makes local municipalities financially responsible for the removal, abatement or mitigation of hazardous materials. (c) Support funding and legislation that addresses concerns regarding the safe handling and storage of nuclear waste generated at the decommissioned San Onofre Nuclear Generating Station, particularly as it relates to the vulnerability to damage from seismic activity, landslides, tsunamis and sea level rise.
Solid Waste, Recycling and Diversion
(a) Support legislation that preserves the ability of local governments to regulate solid waste and recyclable materials.
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(b) Support measures that promote procurement and market development of recyclable and recycled materials.
(c) Support legislation that promotes source reduction, sustainability and re use measures.
(d) Oppose legislation regulating "flow control" of solid waste materials. (e) Support measures that promote the recycling and reclaiming of natural resources, including water, timber, oil, gas minerals and earth metals. (f) Support measures that would make low-interest loans and grants available to local agencies for programs that encourage the recycling and reclaiming of resources.
(g) Support measures that would reduce the use of single-use plastics and Styrofoam packaging and prevent these materials from entering the waste stream, including public education and community partnership initiatives .
(h) Support legislation that facilitates development of local and regional recycling and composting facilities .
Utilities
(a) Support legislation that establishes regulatory and market mechanism s to maximize the state's energy self-sufficiency and security. (b) Support legislation that establishes regulatory and market mechanisms that promote competition and reasonable, justifiable energy prices with programs to support low-income groups.
(c) Support legislation that aggressively pursues refunds to consumers for rates that have been determined to be unjust or unreasonable . (d) Support legislation that expedites the development of needed infrastructure (e.g., generation, transmission, and distribution) to create robust and functional markets.
(e) Support legislation that increases the diversity of the state's and region's energy resources, particularly increasing the use of higher-efficiency, clean distributed generation (e.g., combined heat and power) and renewable resources.
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(f) Support legislation that encourages and incentivizes the adoption of new and emerging technologies that provide real-time pricing to promote better price response by consumers.
(g) Support legislation that promotes municipal renewable energy development.
(h) Support legislation that preserves and protects net energy metering to continue incentivizing investments in rooftop solar energy systems. (i) Support legislation that provides funding to increase energy efficiency, improve reliability and reduce peak demand, including for renewable energy generation and storage projects and demand -side management programs.
(j) Support legislation that minimizes adverse environmental impacts of the state's and the region's energy use.
{k) Support funding and legislation that promotes the development of alternative energy sources.
{I) Support legislation that prohibits the California Energy Commission from issuing any license to operate a power plant unless and until it has received the report required by the California Coastal Commission under the Warren -Alquist Act.
(m) Support legislation that protects competitive neutrality, procurement autonomy, ratepayer affordability, reliability, decarbonization and social equity initiatives of community choice aggregation.
(n) Support legislation that establishes rules under which Public Safety Power Shutoff events can be undertaken.
Coastal Issues
(a) Support measures that provide funding for urban waterfront restoration and enhancement.
(b) Support legislation that would promote and provide funding for the restoration, preservation and enhancement of beaches, beachfront property and bluffs, including local and regional sand replenishment efforts, as well as coastal access, public infrastructure and parking. (c) Support measures that would preserve and extend the authority of cities over land use regulations concerning the placement of onshore facilities which service offshore oil drilling.
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(d} Support legislation that requires the double hulling of oil tankers. (e} Support legislation that promotes aquatic research, education and aquaculture.
(f) Oppose any new offshore oil and gas leasing, drilling and exploration in all State of California and U.S. waters in the Pacific Ocean. (g) Support decommissioning of existing offshore oil drilling and pipeline infrastructure in all State of California and U.S. waters off the California coast.
(h) Support legislation providing that if Coastal Commission staff has an opportunity to participate in local and or regional habitat management plans, there is a presumption of consistency with the Federal Coastal Management Act.
(i) Support legislation to allow cities to issue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan.
0) Support legislation that allocates state and federal funds for the construction of facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana.
(k} Support legislation that provides direction to the California Coastal Commission through changes to the Coastal Act that would allow for construction of seawalls or other shoreline protection devices for existing structures, as defined by a local jurisdiction's Local Coastal Program and up to the date of adoption of amendments to the Local Coastal Program. (I} Oppose legislation that would backdate the consideration date of existing structures to only those that existed prior to establishment of the Coastal Act (January 1, 1977}.
3. Water
General Principles
(a) Support measures that provide for the equitable allotment and distribution of preferential water rights.
(b} Support legislation that protects and improves the reliability, affordability, self-sufficiency, quality and security of local and imported water supplies.
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(c) Support legislation that ensures the San Diego County Water Authority and its member agencies receive the water supply benefits of their investment in local water supply sources.
(d) Support legislation that provides for the development of a comprehensive state water plan that balances California's water needs and results in a reliable and affordable supply of high-quality water for the San Diego Region.
(e) Support legislation that supports regional project s through Integrated Regional Water Management Planning.
(f) Support legislation that streamlines environmental review processes for water and wastewater infrastructu re projects and provide s exemptions for emergency activities when the continued delivery of safe and clean water is threatened.
Water Conservation
(a) Support measures that will encourage water conservation practices by all water consumers.
(b) Support measures that ensure conservation credit for municipal investments in water recycling systems and development of alternative sources.
(c) Support legislation that promotes water conservation and water use efficiency while preserving district and public water rights and the authority of local agencies.
(d) Support legislation that provides incentives, funding and other assistance to water agencies so that they can meet state water demand requirements.
(e) Oppose legislation that imposes water use efficiency criteria for conservation-based water rates, standards, budget allocations, and program s that do not recognize local differences, quality impacts, and existing programs, or that override the authority of local agencies to adopt management practices that are appropriate for the needs of their agency.
(f) Support legislation that provide s flexibility in complying with drought regulations and recognizes variations among communities with respect to their ability to withstand the impacts of drought.
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Water Recycling
(a) Support measures that promote the production and distribution of reclaimed water.
Water Quality
(a) Support legislation that protects the quality of drinking water and supports local agency efforts to meet state and federal water quality standards based upon sound scientific principles.
(b) Support legislation that incorporates sound scientific based water quality requirements for wastewater discharge into surface water and groundwater to safeguard public health and protect beneficial uses. (c) Support legislation that implements source contro l and protects reservoir s, lakes, and coastal waters .
(d} Support legislation that enables local agencies to regulate the discharge of contaminants into the sewer collection system based on discharge permit requirements, detrimental effects on infrastructure , and adverse effects on recycling and reuse.
(e) Support legislation that provides state and federal funds for monitoring, research and treatment of new and emerging contaminants.
Water Storage and Conveyance Systems
(a) Support a balanced water transportation and regional storage system that provides for the needs of San Diego County, while protecting the Delta and Central Valley regions with minimal impact on agricultur e and the environment.
(b) Support measures that increase water supply and storage facilities within the region and allow for economica lly feasible water transfers within the system.
New Technology
(a) Support legislation and regulations that encourage the use and development of alternative water sources.
(b) Support funding and legislation that promotes the development of engineering solutions and alternative uses to eliminate wastewater treatment ocean discharges.
(c) Support legislation that encourages and provide s state and federa l funding for the development of new techno logy in water use, reuse, quality monitoring, and treatment.
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Financial Considerations
(a) Support legislation to develop an ongoing funding source to implement the federally mandated Clean Water Act of 1987 and to ensure protection of local resources.
(b) Support legislation that would exempt stormwater and urban runoff management programs from Proposition 218 requirements.
(c) Support legislation that allows Water Districts to award contracts in conformity with the provisions of the local City Charter. (d) Support legislation that provides state and federal funds to local agencies for programs and projects that provide for the supply, storage, recycling, reclaiming, reuse and quality improvement of water resources. (e) Oppose any new tax or fee on water that does not benefit ratepayers.
4. Governance, Transparency, and Labor Relations
Labor Relations
(a) Support legislation that allows cities with civil service/personne l systems to contract out services to the private sector to save taxpayer dollars. (b) Support legislation that limits the ability of employees to receive workers' compensation benefits for occupational injuries/illnesses that result from stress, disciplinary action, or performance evaluations or consultations. (c) Support any measure that would reverse the imposition of compulsory and binding arbitration with respect to public employees. (d) Oppose any measure that would grant employee benefits that should be decided at the local bargaining table.
(e) Oppose any legislation that would reduce local authority to resolve public emp loyee disputes, and support legislation that would preserve court jurisdiction, and/or impose regulations of an outside agency (such as PERB).
(f) Oppose measures that propose a standard higher than the normal civil standards in disciplinary proceedings for peace officers . 11 Dec. 13, 2022 Item #3 Page 13 of 101
(g) Support legislation that clarifies existing labor laws concerning whether an individual is considered an employee rather than an independent contractor.
(h) Support measures that promote recruitment efforts and educational practices to advance and retain workplace diversity , equity and inclusion. (i) Oppose measures that would expand release time for union business. (j) Oppose measures that would establish confidentiality privileges for union representatives.
(k) Oppose measures that would require municipalities to pay erroneous retirement benefits.
""'(I._) __ Support funding and legislation that helps cities provide employee support programs, increased personal protective equipment (PPE) and other programs that promote employee overall wellness-particularly for underrepresented and frontline essential workers.
fl-}(m) Support fund ing and legislation that would enhance efforts to prevent third-party harassment and workp lace violence.
Workers' Compensation
(a) Oppose legislation that expands or extends any presumptions of occupational injury or illness and support legislation that repeals the presumption that the findings of a treating physician are correct. (b) Oppose legislation that increases workers' compensation benefits without providing for concurrent cost controls.
Governance and Ethics
(a) Oppose legislation or constitutional amendments that weaken or interfere with the powers of charter cit ies and diminish local autonomy or home rule authority.
(b) Support legislation that reduces and provides for recovery of costs, maintains privacy and eliminates attorney's fees for administering public records laws.
(c) Support legislation that improves access to, and reduces the cost of, healthcare for public employees, including part-time and seasonal workers .
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(d) Support measures that reform California's tort system to reduce and limit liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance.
(e) Support legislation that recognizes or broadens immunities for public agencies and oppose legislation that attempts to limit or restrict existing immunities.
(f) Support legislation that requires plaintiffs to make a good faith showing of liability prior to filing a lawsuit against a public entity. (g) Support legislation that would increase civic part icipation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions to participate virtually (post COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act.
(h) Support legislation that would permit a minority number of council members to virtually participate in meetings without having physical location posting requirements, so long as a physical in-person meeting quorum is present.
(i) Support state funding efforts to assist with enhanced public access for member s of the community .
(j) Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements.
Elected Officials
(a) Support legislation that prevents threats to the security of public official s in their homes by extending or providing protection to elected and appointed official s from the unauthorized publication of their home addresses or telephone numbers in newspapers or similar periodicals . (b) Support legislation requiring both elected local and state offici als to maintain their place of residence in the jurisdiction they were elected to represent .
5. Housing, Community and Economic Development
Planning and Zoning
(a) Support legislation to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, 13 Dec. 13, 2022 Item #3 Page 15 of 101
including, but not limited to, regulatory authority over zoning, subdivisions, annexations, and redevelopment areas.
{b) Support measures in local land use that are consistent with the doctrine of "home rule" and the local exercise of police powers in planning and zoning processes.
{c) Support legislation requiring environmental review of initiatives to amend a general plan or zoning ordinance before the initiative is placed on the ballot or enacted.
{d) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects.
{e) Support measures that allow local agencies to condition mobile home park conversions from rental to resident ownership pursuant to local land use regulations including a requirement to provide public improvements and infrastructure where necessary to promote the health, safety, and welfare of park residents.
{f) Support legislation that preserves the authority of local agencies to regulate short-term vacation rentals .
{g) Support legislation that enables local agencies to effectively address issues concerning public safety and proper management of group homes, including proposals to require the presence of on-site managers and/or security personnel at all times, while being mindful of group home residents' potential vulnerabilities.
{h) Oppose legislation that would diminish local control to set and assess development review and building inspection fees.
Housing
{a) Support efforts to develop federal and state participation, financial support and incentives (tax benefits, grants, loans) for programs which provide adequate, affordable housing (home ownership and/or rental opportunities) for all economic segments of the community including the elderly, persons with disabilities, and low-income persons. (b) Support expansion of tax credit and bond opportunities for affordable housing.
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(c) Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable units) to local agencies, private developers and non-profit groups in order to rehabilitate residential units and commercial properties.
(d) Support legislation that would provide additional funding for rental subsidy assistance programs (such as the Housing Choice Voucher Program, the federally funded rental subsidy program for low-income households) via more sustainable vouchers or certificates. (e) Support repeal of Article 34 (Public Housing Project Law) of the California Constitution, which requires local voter approval of housing projects that are intended for low-income people and that receive funding or assistance from the federal and/or state government.
(f) Support legislation that allows entitlement cities to use Community Development Block Grant (CDBG) funds for new construction of housing units.
(g) Support state legislation that strengthens local inclusionary housing programs for lower-income residents.
(h) Support the repeal or modification of the Davis-Bacon Wage Act, as it relates to charter cities, that set a prevailing wage scale for public projects, substantially increasing the cost of publicly assisted housing developments.
(i) Support legislation that will consolidate and stream line the administration and reporting requirements for the CDBG program. (j) Oppose legislation that would give the State financial administrative responsibilities for the CDBG program.
(k) Support legislation that requires availabil ity of adequate school facilities contemporaneously with occupancy of housing.
(I) Support measures that would establish a formula-based Regional Housing Needs Assessment allocation methodology that reflects the unique needs and practical capacity of local communities.
(m) Oppose measures that diminish local authority to implement growth management initiatives that ensure communities do not exceed carrying capacities and the provision of adequate public faciliti es. 15 Dec. 13,2022 Item #3 Page 17 of 101
(n) Support measures that would exempt affordable housing projects from complying with the California Environmental Quality Act while continuing to mitigate residents' potential exposure to health and safety hazards. (o) Oppose legislation that would expand the Coastal Commission's authority over state and local housing policy, which would result in administrative inefficiencies and policy conflicts.
(p) Support legislation that modifies existing housing laws to remove inconsistencies and improve clarity in application.
(q) Support housing legislation that would allow density increases to satisfy the state's "no net loss" requirements, when the increases occur concurrent with or prior to a density reduction.
(r) Support legislation that more equitably applies rent control laws to various types of rental housing, such as condominiums.
(s) Support legislation that prohibits property owners who are awarded tax credit financed projects from charging Section 8 Housing Choice Voucher clients a higher rent than the rent charged to non-Section 8 Housing Choice Voucher clients.
Subdivision Map Act
(a) Support legislation that would automatically extend approved or conditionally approved tentative, final and parcel maps under the Subdivision Map Act during and for a limited time period after a statewide financial or public health crisis, or other declared State of Emergency.
Economic Development
(a) Support legislation that facilitates economic development efforts and encourages local business investm ents, job creation and retention. (b) Support legislation that would establish new tax increment financing tools.
(c) Support legislation that helps businesses who have had business interruption insurance claims denied, or otherwise incur unrecov erable revenue losses resulting from a statewiele financial or publ ic health crisis, or other declared State of Emergency.
(d) Support legislation that protects small businesses from extraordinary health insurance premium increases being applied durin g and for a 16 Dec. 13,2022 Item #3 Page 18 of 101
(e)
limited time period after a state..♦.iide financial or public health crisis, or other declared State of Emergency.
Support legislation that would remove impediments to the automatic extension of local permits during and for a limited time period after a statewide financial or public health crisis, or other declared State of Emergency.
(f) Support legislation that provides statei.vide eviction protections and funding for rental assistance programs for residential and commercial tenants and property owners impacted by a financia l or public health crisis, or other declared State of EmergencyCOVID 19.
6. Public Safety
Fire Services
(a) Oppose legislation that would restrict or reduce the ability of local government to determine the extent or method of fire hazard mitigation necessary in or around wild land areas.
(b) Oppose legislation that would diminish local control to set and assess fire inspection fees.
(c) Support legislation that preserves local agencies' ministerial development review and approval rights, including applicability to accessory dwelling units .
(d) Oppose legislation that attempts to circumvent s building or fire code requirements by statute , including through the provision of a "deemed complete" or "deemed approved" status when local agencies exceed maximum application review timelines .
(e) Support legislation that would enhance statewide wildland fire safety infrastructure.
Emergency Services and Preparedness
(a) Support legislation granting immunity to or limiting liability of governmental entities and their employees who provide emergency medical instructions and/or treatment as a part of their public safety dispatch system.
(b) Oppose legislation that would restrict a local government from revising the delivery of emergency medical service to its citizens and support measures that broaden these powers .
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(c) Support legislation that would enhance cost recovery or provide funding for emergency medical services and pre-hospital care.
(d) Support legislation that would strengthen awareness of and access to resources concerning community and disaster preparedness, public health, safety, and resiliency.
(e) Support legislation that provides state and federal emergency funding and regulatory relief that allows cities to devote the necessary resources and meet the operational challenges of protecting the public health, safety and welfare in response to a declared State of Emergency. (f) Support legislation that clarifies the requirements for operating city owned ocean rescue watercraft.
Law Enforcement
(a) Support legislation that strengthens a diverse local law enforcement. (b) Support measures that would provide a greater share of seized assets to localities and increased discretion for local spending. (c) Support legislation that would allow for the destruction, confiscation, or extended safekeeping of firearms or other deadly weapons involved in domestic violence incidents.
(dl Support legislation that strengthens penalties for violent offenders L including sentencing enhancements for violent ly resisting or brandishing a weapon during the comm ission of a property -related crime. {G}(e) Support legislation that strengthens penalties for individuals who commit vio lent crimes as juveni les.
fe}ill_ Support legislation that would increase accountability and transparency among law enforcement agencies and personnel.
fB_(gl_ Support legislation that encourages or mandates police training to include mental health awareness, implicit and explicit bias and de escalation techniques.
(h)
Dec. 13, 2022
Support legislation and funding to continue the state Citizens' Option for Public Safety (COPS) Program and federal Community Oriented Police Services (COPS), and to provide funding for local agencies to recoup the costs of crime and increase community safety.
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fgt(i) Support legislation that strengthens penalties for participating in sideshows or any coordinated effort to disrupt the use of public roads and publicly accessible parking lots.
Drugs and Alcohol
(a) Support measures which strengthen present state or federal laws to increase penalties and give local governments the power to restrict or regulate the sale, manufacture, or use of dangerous drugs. (b) Support legislation that discourages, prevents, and penalizes driving under the influence of drugs or alcohol.
(c) Support legislation that enhanced local agencies ability to recover costs from guilty parties for damage to public property and services in accidents involving driving under the influence of drugs and/or alcohol. (d) Support legislation that would provide funding for addiction rehabilitation treatment.
(e) Support any measure that protects children and youth from exposure to tobacco, second hand smoke and tobacco- and nicotine-related products . (f) Support legislation that preserves local control over medical and adult use cannabis businesses, and enhances and protects maximum local regulatory, land use, and enforcement authority in relation to such businesses.
Homelessness
(a) Support funding and legislation that provides resources, including enriched referral services, and outreach and case managers to help ensure local governments have the capacity to address the needs of persons experiencing homelessness in their communities, including resources for regional collaborations.
(b) Support measures that provide resources to address the mental health needs of persons experiencing homelessness.
(c) Preserve local control by increasing funding opportunities for housing programs/projects that suggest, rather than require , compliance with the Housing First model.
(d) Support legislation that creates streamlined protocols and metrics to be used by homeless service providers and local agencies, providing more accurate statistics of individuals experiencing homelessness, including in-flow and out - 19 Dec. 13, 2022 Item #3 Page 21 of 101
flow information, cost-reporting of services rendered, and individuals successfully housed.
(e) Support measures that facilitate regional and city-driven solutions to address homelessness through crisis response, mental evaluation, and homeless outreach teams.
(f) Support the expansion of conservatorship laws allowing for increased guardianship control and health supervision of those suffering from mental illness and recognizing mental illness and addiction as contributors to chronic homelessness.
Miscellaneous
(a) Support legislation that would assist local safety agencies in regionalization of activities such as training, crime labs, specialty responses such as hazardous materials and technical rescue, and other appropriate functions.
(b) Support legislation that provides financial assistance to local agencies for Homeland Security.
(c) Support the enactment of legislation to prevent gun violence . (d) Support measures to expand and fund mental health and social emotional health services, including the provision of such services and safety educat ion in schools.
(e) Support measures to provide resources to develop school safety guidelines, conduct comprehensive school safety audits and maintain continued vigilance and monitoring of safety matters in schools. (f) Support legislation to eliminate restrictions on the collection and compiling of data related to violence perpetrated with firearms, including research into the causes and consequences of gun violence. (g) Support measures to provide funding to support 911 communication centers.
(hl
Dec. 13, 2022
Support measures to provide funding to support the San Diego Law Enforcement Coordinat ion Center, a collaborative partnership among federal, state and local law enforcement/pub lic safety agencies focused on enhancing coordination, information sharing, regional preparedness, training and investigative support/ana lysis for first responders and other public.and private partners in the region.
20 Item #3 Page 22 of 101
fAt(i) Support legislation that provides financial assistance to local law enforcement agencies for staff assigned to a regional anti-theft or human trafficking task force.
7. Revenue and Taxation
(a) Support legislation that assists cities to enforce and collect local taxes. (b) Support measures that protect the fiscal independence of cities and safeguard existing revenue sources from preemption by any other public agency
(c) Oppose any change in revenue allocations which would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, transient occupancy tax and other taxes and fees. (d) Support legislation that makes funds to support public facilities (i.e., buildings, roads, utilities, open space) more available to local municipalities.
(e) Oppose legislation that attempts to eliminate the "pay first and litigate later" provisions of law and oppose any bill that proposes to reduce or eliminate the obligation of any online travel agency to pay transient occupancy taxes under state or local law.
(f) Support measures which would strengthen cities' ability to reorganize and consolidate water districts, sewer districts, school districts, and other special districts that operate within or provide service to a city. (g) Oppose federal measures which remove the deduction of all state and local taxes for federal income tax purposes.
(h) Support measures that implement basic structural changes in state government that result in state budget expenditures being brought into balance with state revenues.
(i) Support measures which relieve taxpayers of the burden of paying for services which could be charged directly to the service user, and which simplify the process of establishing such fees.
21 Dec. 13,2022 Item #3 Page 23 of 101
(j} Support legislation that would provide greater accountability on the part of counties for the distribution of funds back to municipalities, including, but not limited to, fines and forfeitures.
(k) Support measures to reinstate flexibility in the administration of Article Xlll -8 (The Gann Initiative), which establishes an annual appropriations limit on the state and most local governments.
(I) Oppose any measure that restricts or limits a public entity's ability to use tax exempt debt for the purchase or construction of public purpose improvements.
(m) Oppose legislation that shifts state and county criminal justice costs to cities.
(n) Oppose the use of the federal gas tax for federal debt reduction. (o) Support legislation that streamlines permittin g processes without undermining the ability of local government to apply and be compensated for the enforcement of reasonable building, planning and fire protection standards.
(p) Oppose measures that propose significant economic changes wit hout the comp letion of a balanced, comprehensive economic analysis. (q) Support funding and legislation that provides direct financial support to cities to offset cost increases and lost revenues caused resulting from a financial or public health crisis. or other declared State of Emergency.by the COVID 19 pandemic .
"'"'(r...._) __ Support legislation that promotes regional collaboration on COVID 19 response efforts addressing the impacts of a financial or public health crisis, or other declared State of Emergency, including funding to support local businesses.
{ft( s) Support legislation that provides flexibility concerning the disposition of municipally owned real estate assets to promote economic development and other public purposes.
State Mandates
(a) Support legislation that would eliminat e unfunded state and federal mandates or would require timely reimb ursement to cities. 22 Dec. 13,2022 Item #3 Page 24 of 101
(b) Oppose measures that would impose mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities.
(c) Oppose legislation that creates surcharges for state oversight of state mandated programs.
8. Transportation, Communication and Public Works
Transportation
(a) Support measures that would increase the ability of local agencies to finance local and regional transportation facilities and improvements, including alternative modes of transportation and transportation demand management systems and transportation systems management initiatives.
(bl Support legislation that provides for safe, effective and efficient transportation alternatives.
fe-}(c) Support funding and legislation that provides direct support to cities to advance roadway safety through education, engineering and enforcement .
(c) Oppo se transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems.
(d) Encourage and support double tracking of the rail corridor within the City limits in a manner that:
1. Improves public safety access and response times.
2. Elimin ates or reduces existing at-grade rail crossings within the rail corridor.
3. Improves local, regional, and coasta l access for all travel modes (bike, pedestrian, vehicle, transit).
4. Minimizes impacts to neighborhoods.
5. Maximizes community and neighborhood connections .
6. Protects and/or improves the economic vibrancy of surrounding neighborhood s and the city .
7. Protects and/or enhances environmental resources.
(e) Oppose legislation that diminishes local control over the regulation and deployment of micro-mobility solutions.
23 Dec. 13,2022 Item #3 Page 25 of 101
(f) Oppose measures that would result in the consolidation of the North County Transit District and Metropolitan Transit System. (g) Support measures that protect residents, businesses and visitors from the adverse impacts of aircraft operating at McClellan-Palomar Airport. (h) Oppose changes in aviation policies that would allow McClellan -Palomar Airport to expand without authorization from the city.
(i) Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts associated with air traffic overflights. (j) Support measures that would increase local contro l over airports located within municipal boundaries.
Public Works
(a) Oppose legislation that would erode or purport to erode a charter city's ability to design, implement, determine wage rates or fund any and all public works projects within its jurisdiction.
(b) Support funding and legislation that supports utilities undergrounding.
Contracts
(a) Support legislation prohibiting firms from bidding on City projects if the firm is currently involv ed in legal proceedings against the City arising from prior projects.
(b) Oppose measure s that would eliminate state licensing requirements for professionals involved in designing public and private developments. (c) Support measures that would clarify the roles and responsibilities of public agency officers and emp loyees as related to the prohibition on entering into or participating in making contract s in which they have a financial interest.
Telecommunications
{a) Support legislation and regulations of telecommunications facilities and services that:
Dec. 13, 2022
1. Maintain local control over the pub lic right -of-way.
2. Provide just compensation for the use of right-of -way and overseeing public service standards .
3. Ensure public, education, and governmental access is available, equitable and affordable.
24 Item #3 Page 26 of 101
4. Provide free access for public information services and announcements.
5. Maintain local control, including but not limited to discretionary permits over wireless communications facilities.
6. Reinstates competition in the telecommunications industry.
7. Enhance access for all community members to fast, reliable, affordable and high-quality internet, which can spur innovation and help close the digital divide in California.
8. Support net neutrality to prevent internet service providers from blocking, throttling, degrading, or providing for paid prioritization of lawful content, applications, or services.
(b) Support legislation that requires cable television companies to assure that audio and video portions of adult entertainment channels are completely blocked 24 hours a day in the homes of non-subscribers. (c) Oppose any measure or legislation that prevents local franchising of cable television or video services, regardless of the technology used to deliver the cable television or video services to the subscriber. 25 Dec. 13,2022 Item #3 Page 27 of 101
LEAGUE OF
CALIFORNIA
CITIES
Exhibit 2
Summary of
Existing Policy and
Guiding Principles
MAY2022
Strengthening California Cities
through Advocacy and Education
Item #3 Page 28 of 101
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
LEAGUE OF
CALIFORNIA
CITIES
Mission Stat ement
To expand and protect loca l cont rol for cities
through education and advocacy to enhance the
quality of life for all Californians.
Vision
To be recognized and respected as the
leading advocate for the common interests of
California's cities.
We Believe
ii
■ Local self-governance is the corners tone of
democracy.
■ Our strength lies in t he unity of our diverse
communities of interest.
■ In the involvement of all stakeholders in
establishing goa ls and in solving prob lems.
■ In conducting the business of government
with transparency, openness, respect, and
civility.
■ The spiri t of honest public service is what
bui lds communities.
■ Open decision-making that is of the highest
ethical standards honors the public trust.
■ Cities are vital to the strength of the California
economy.
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■ The vita lity of cities is dependent upon their
fisca l stabi lity and loca l autonomy.
■ The active participation of all city officials
increases Cal Cities' effectiveness.
■ Partnerships and collaborations are essential
elements of focused advocacy and lobbying.
■ Ethica l and well-informed city officials are
essentia l for responsive, visionary leadership
and effective and eff icient city operat ions.
About Cal Citi es
Estab lished in 7898, the League of California
Cities is a member organization that represents
California's incorporated cities. Cal Cities str ives to protect the local author ity and autonomy of city
government and help California's cities effective ly
serve their residents.
In addition to advocating on cities' behalf at the
state capito l, Cal Cities provides its members
with p rofessional development programs and
informat ion resources, conducts educational
conferences and researc h, and pub lishes Western
City magazine.
To learn more about Cal Cit ies and how to be
involved, see inside back cover .
Ite m #3 Page 29 of 101
INTRODUCTION
Introduction
We are pleased to present the 2022 edition of the League of Californ ia Cities Summary of Existing Policy and Guid ing Principles. In a process that continues today, the document was fir st prepared in 1997 by researching and summarizing policy guideli nes and positions on legis lation adopted by Cal Cities, as wel l as Cal Cities Annua l Confe rence resoluti ons.
The 2022 edition was developed with the input of t he seven Cal Cit ies policy committees and Cal Cities Board of Directors to ens ure that the content accu rately reflect s existing Cal Cit ies policy. The content reflects policy changes adopted by Cal Cities thro ug h February 2022, fo llowing the review of Cal Cities positions on leg islation and annual confe rence resolutions. The docum ent is posted on Cal Cit ies webs ite in its ent irety, as well as relevant sect ions on individual policy committee pages.
The Summary of Existing Policy and Guid ing Princip les is intended to be a living reference, updated biennia lly, to reflect changes to Cal Cities policy. Cal Cities uses the pub lication as a reference too l w hen reviewing legislation that is introduced to determine how it relates to existing Cal Cities policy. We also encourage cities to use this publicat ion as a guide as they cons ider positions on legislation introduced at t he state and federa l levels that wou ld impact cit ies.
We hope you w ill find the publication usefu l in your city's invo lvement in the legi slative process and Cal Cities advocacy. Please do not hesitate to relay any comments you may have about this reference gu ide to me or Melanie Perron, Deputy Executive Director, Advocacy and Public Affairs, at mperron@calcities .org.
Your feedback is always welcome.
Carolyn M. Coleman
Executive Director and CEO
League of California Cities
Apri l 2022
Dec. 13,2022 ClM.rlI l#!ES . ~d(!k:o:f eW:i-g I iii
SUMMARY OF EXISTING POLICY AND CiUIDINCi PRINCIPLES
Contents
Community Services .................................................... 2 Streamlining ............................................................................................. 17 SCOPE OF RESPONSIBILITY .................................................. 2 Coastal lssues ........................................................................................... 17 Summary of Existing Policy and Miscellaneous ........................................................................................... 17 Guiding Principles .............................................................................. 2 Anima ls .......................................................................................................... 2 California Water Guidelines ............................... 19 Arts, Cultural Resources, Historic Preservation and INTRODUCTION .......................................................................... 20 Activities ................................................................................................. 2 APPENDIX A. ................................................................................. 30 Child Care ..................................................................................................... 2 APPENDIX B: GLOSSARY ....................................................... 32 Children ......................................................................................................... 2 Park Bond Funds .................................................................................... 3 Governance, Transparency, Pub lic Parks/Recreat ional Facilities ............................................ 3 and Labor Relations ................................................. 38 Pub lic Libraries ......................................................................................... 3 SCOPE OF RESPONSIBILITY ............................................... 38 Seniors ........................................................................................................... 3 Healthy Cities ............................................................................................. 3 Summary of Existing Policy and
Guiding Principles ........................................................................... 38 Labor Relations ..................................................................................... 38 Natural Disaster Preparation .......................................................... 3 Smoking and Tobacco Cont rol ....................................................... 3 Public Sector Pensions, Compensation
and Other Post-Employment Benefits (OPEBs) ....... 38
Environmental Quality ............................................... s CalPERS (California Public Employees'
Retirement System) ..................................................................... 40 SCOPE OF RESPONSIBILITY ................................................. 5 Work ers' Compensation ................................................................... 41 Summary of Existing Policy and Other Employer and Emp loyee Related Issues ................ 42 Guiding Principles .............................................................................. 5 Transparency ......................................................................................... 42 Air Quality .................................................................................................... 5 Open Meeting Law (Ralph M. Brown Act) Climate Change ....................................................................................... 5 and Open Access to Public Records Hazardous Materia ls .............................................................................. 7 (California Public Records Act) .............................................. 43 Solid Waste and Recycling ................................................................ 7 Politica l Reform Act ofl974 (PRA) ............................................. 43 Electronic Waste ...................................................................................... 9 Governance and Et hics .................................................................... 44 Househo ld Hazardous Waste .......................................................... 9 Elections .................................................................................................... 44 Extended Producer Responsibility (EPR) ................................. 9 Recall Elections ..................................................................................... 44 Single-Use Plastics ................................................................................. 9 Elected Officia ls .................................................................................... 44 Energy and Utilities ............................................................................. 10 Legal Issues ............................................................................................. 45 Community Choice Aggregatio n .................................................. 11 Data and Privacy Protection ......................................................... 45 Microgrids .................................................................................................... 11 Housing, Community, and Economic Electric Industry Restructuring ..................................................... 11 Development ..................................................................... 46 California Environmental Protection Act (CEQA) ............. 14 SCOPE OF RESPONSIBILITY ............................................... 46 PROCEDURES AND NOTICES .............................................. 14 Summ ary of Existing Policy and Definition of a Project ........................................................................ 16 Guiding Principles ........................................................................... 46 Significant Environm enta l Effect ............................................... 16 Planni ng and Zoning ......................................................................... 46 Alternatives ............................................................................................... 16 Housing Element ................................................................................. 47 Item #3 Page 31 of 101
Housing Finance ................................................................................. 47 Economic Development ................................................................. 47 Eminent Domai n .................................................................................. 48 Tenant Protections ............................................................................. 48 Subdivision Map Act .......................................................................... 48 Residentia l Care Facilities ............................................................... 48 Development Fees .............................................................................. 48 Annexation and Incorporation .................................................... 49 Developmen t Agreements ............................................................ 49 Building Standards ............................................................................. 49 Housing for Homeless ...................................................................... 49 Military Base Closure and Reuse ................................................ 50 Mobile Home Regulation ................................................................ 50 Sign Regulation .................................................................................... 50 Princip les for Smart Growth ......................................................... 50 Residentia l Insurance Policy ........................................................... 57 Public Safety ....................................................................... 52 SCOPE OF RESPONSIBILITY ................................................ 52 Summ ary of Existing Policy
and Guiding Principles ................................................................. 52 Fire Services .............................................................................................. 52 Emergency Services and Preparedness ................................. 52 Law Enforcement ................................................................................. 53 Mental Health/Substance Use Disorder ................................ 54 Police Use of Force .............................................................................. 54 Drones ......................................................................................................... 54 Fireworks .................................................................................................... 55 Wild land Urban Interface ............................................................... 55 Nuisance Abatement ......................................................................... 55 Violence ....................................................................................................... 55 Indian Gami ng ........................................................................................ 55 Gaming ....................................................................................................... .56 Alcohol ........................................................................................................ 56 Cannabis Regulation ......................................................................... .56 Graffiti .......................................................................................................... 57 Dec. 13,2022
TABLE OF CONTENTS
Sex Offender Management ............................................................ S7 Corrections ................................................................................................ 57 Firearms ...................................................................................................... 57 Miscellaneous .......................................................................................... 57 Revenue and Taxation ............................................. 58 SCOPE OF RESPONSIBILITY ............................................... 58 Summ ary of Existing Policy and Guiding Principles ..
58 Cities and Cal Cities ............................................................................ 58 Legislature or the Voters .................................................................. 59 State Mandates ...................................................................................... 59 Additiona l Revenue ............................................................................. 59 Reduce Competition ......................................................................... 60 Funding for Count ies ......................................................................... 60 Regional Revenues .............................................................................. 61 Revenue Modern ization ................................................................... 67 Federal Stream lined Sales and Use Tax Agreement
(SSUTA) .................................................................................................. 67 Federa l Legislation Requiring Use Tax Collection ............ 62 Transportation, Communications,
and Public Works .......................................................... 63 SCOPE OF RESPONSIBILITY ............................................... 63 Summ ary of Existing Policy
and Guiding Principl es ................................................................. 63 Transportation ........................................................................................ 63 Pub lic Works ............................................................................................ 65 Micromob ility ......................................................................................... 66 Vehicles ...................................................................................................... 66 Contracts ................................................................................................... 66 Telecommunications ......................................................................... 67 Plain Old Telephone System (POTS): ....................................... 68 Air Pollution ............................................................................................. 69 lt~<ltl lES · ~li lofi:001,rg I 1
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
SCOPE OF RESPONSIBILITY
The Committe e on Community Services reviews
issues related to childcare, parks and recreation,
libraries, cultural arts and community and human
services programs .
Summary of Existing Policy and
Guiding Principles
Animals
Cal Cit ies suppor ts legis lation to prevent a person
or anima l she lter from selling, giving, or otherwise
transferring living animals to research facilities or
anima l dealers.
Arts, Cultural Resources, Historic
Preservation and Activities
Cal Cities supports continued state funding that
recognizes the important role of local arts activities
and historic preservation in commun ity life and
how these cult ural act ivit ies affect the social health and economic vita lity of cities.
Child Care
Cal Citi es supports the creation of more affordab le,
innovativ e, and qua lity parks and recreation,
as well as chi ld care options for parents and
concurrent ly encourages adhere nce to strict
regu lations and guidelines.
Cal Cities supports fund ing and resources to
add ress the affordability and availabi lity of early
learning and care options.
2 I c:9(t4:j]#Es02i ww.ca lcities.o rg
Children
Cal Cities believes that the child ren of California
must be recognized as our state's most valuable
resou rce. Their development , education, and well
being are key to our state's future. Further, it is
essent ial that each child have the support needed
to become a productive cit izen in the wor ld of
t he 21st century. This involves supporting diverse
before- and after-sc hool program s and creating
stronger linkages between mun icipa l services and
school-based job training programs in order to
produce more job placeme nt opportu nit ies.
Cal Cities promotes t he development of a
coo perat ive program with the goa l to incr ease
enrollment of California's childr en in the Healthy
Families Program.
Cal Cities encourages cities to promote anti
bullying efforts across California as well as provide
education and awareness to the genera l public
about the imminent healt h and safety concerns
fo r bul lied childr en, espec ially t hose wit h special needs.
Cal Cities supports increasing opport unities
for Californ ia's yout h to part icipate in civi c
engagement activ it ies.
Item #3 Page 33 of 101
Park Bond Funds
Cal Cities believes that any statewide park bond
measure shou ld include a component that
provides per cap ita grants to cities and counties.
Cal Cities opposes tying local eligibi lity for grant
funds to non-park related issues, such as rent
control or housing element status.
Public Parks/Recreatio -'a l Facilities
W hile the State of California studies the use of
crumb rubber in synthetic turf and playground
surfaces, Cal Cities opposes legislat ion that
requires cities to undertake specific actions before
installation can occur.
Cal Cities supports requiring pub lic poo ls to
provide automated externa l defibri llators during
pool operations.
Public Libraries
Cal Cities supports fu ll funding of the Pub lic
Library Fund so that the State of California can
fully fund it s share of the program, understanding
how libraries play an integral role in bui lding
and sustaining our communities. (Additional
library-related policy is included in "Restructur ing
California's Public Library Services," the report
of a joint task force co-spo nsored by Cal Cities,
California State Association of Counties, California
Library Association, and t he California Association
of Library Trustees and Commissioners.)
Cal Cities opposes legis lation that requires public
libraries to insta ll and maintain computer software
for use on computers in the library that prohibits
access to obscene material to m inors and other
library patro ns. Cal Cities believes that this issue is more appropriately addressed at the local level, in
ways that meet local circumstances, and thus is an
issue of loca l contro l.
Seniors
Cal Cities encourages cities to recognize seniors
as a valuab le state resource and to develop and
improve interge nerationa l programs and activities.
Dec. 13, 2022
COMMUNITY SERVICES
Cal Cit ies supports legislation that would provide
funding for side-by-side day care faci lities fo r
California's youth, adults, and seniors.
Healthy Cities
Cal Cit ies encourages Californ ia cities to help
parents make healthy family cho ices; create
healthy schools; provide access to healthy and
affordable foods; and adopt city design and
planning principles that promo te physica l activity.
Cal Cities encourages cities to involve youth,
especial ly midd le and high school students, with
city health-related programs.
Cal Cities encourages cit ies to address the
needs of an aging popu lation thro ugh local and
statewide planning, education, and conference
programming.
Cal Cities encourages cities to estab lish their own
ru les and regu lat ions pertaining to community
recreationa l activities .
Natural Disaster Preparation
Cal Cities supports additional funding for loca l
agencies to reco up the costs associated with fire
safety in the community and timely mutua l aid
reimbursement for d isaster response services
in other jurisdict ions. Cal Cities also supports
additiona l funding for local agencies to preposition
"emergency response" personnel and equipment
as well as coordinate notification systems with
loca l and state agencies.
Cal Cities supports measures that provide
resources for loca l governments to coordinate
services to assist disp laced residents and
communities recover from wildfires, earthquakes,
and other natural disasters.
Smoking and Tobacco Control
Cal Cities supports legislation that establishes a
statewide smoking and tobacco control standard
that includes electronic cigarettes and vapor
products, as long as such legis lation does not
preempt the abi lity of cities and counties to enact
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
local laws that are stronger than the statewide
standa rd or to regulat e in areas not covered in the
statew ide standa rd. Cal Cit ies opposes legi slation
that wou ld restrict such loca l authority.
Cal Cities supports legis lation that limi ts the abi lity of min ors to obtai n tobacco and tobacco produ cts,
including electronic cigarettes and vapor produ cts.
Cal Cities supports and advocates that all 482
California citie s be eq uitab ly included in the
distribut ion of moneys that the state receives
from the Tobacco Settlement Mem orandum
of Understa nd ing; believes that t he moneys
received by countie s shou ld benefit all cit ies withi n the county; and that cities have in put into the
decis ion-mak ing process .
Cal Cities support s legis lation t hat require s
tobacco retailers to obtain a state-issued license
to sell tobacco produc ts, as long as the legislation
does not restri ct or preempt the ability of cities
to enact and enfo rce their own retail licensi ng
prog rams and to enforce the state-wide licens ing
program. Cal Cities also suppo rts legislat ion
designed to restri ct the sale of illega l, counterfeit tobacco products.
Note: Co/ Cities will review new legislation to determine how it relates to existing Col Cities policies and guiding principles. In addition, because this document is updated every two years to include policies and guiding principles adopted by Col Cities during the previous two years, there may be new. evolving policies under consideration or adopted by Col Cities that ore not reflected in the current version of this document. However, all policies adopted by Col Cities Boord of Directors or Col Cities General Assembly become Col Cities policy and ore binding on Col Cities, regardless of when they ore adopted and whether they appear in the current version of "Summary of Existing Policies and Guiding Princ iples."
4 Item #3 Page 35 of 101
ENVIRONMENTAL QUALITY
Environmental Quality
SCOPE OF RESPONSIBILITY
The Committee on Environmental Quality
reviews issues related to air, water and water
quality , climate change , CEQA, integrated waste
management, hazardous materials, coastal
issues, energy , and utilities.
Summary of Existing Policy and
Guiding Principles
Air Quality
Cal Cities supports inclusion of city officia ls on
the governing boards of air districts and opposes
efforts to delete such city representation.
Cal Cities believes cities shou ld have t he author ity to establish local air qua lity standards and
prog rams tha t are stricter t han state and fede ral
standards. Cal Cities opposes efforts to restrict
such authority.
Cal Cities opposes legis lation redirect ing the
funds author ized by Health and Safety Code
Section 44223, which are currently used by
local governments for loca lly based air quality
programs.
Cal Cities opposes air qua lity legis lation that
restricts t he land use authority of cities.
Cal Cities supports the requirement that both
public and private diese l garbage t rucks be
retrofitted to reduce the amount of particulate
matter pollution emitted from the truc ks. (See also
Integrated Waste Management Section below.)
Dec. 13, 2022
Climate Change
Cal Cities recognizes that climate change is both
immedia te and long -term, with the potential for
profound environmental, social, and econom ic
impacts to the planet and to California.
Through t he Globa l Warming Solutions Act of 2006
(AB 32 (Nunez), Chapter 488, Statutes of 2006)
California has embarked on a plan that requires
t he reduction of g reenhouse gas emissions to
1990 levels by 2020. Although uncertainty remains
about t he pace, distribution, and magnitude of
the effects of climate change, Cal Cities recognizes
the need for immediate actions to mitigate the
sources of greenhouse gas emissions and has
adopted the following princip les:
■ Action Plans for Mitigating Greenhouse Gas
Emissions. Encourage local governments to
comp lete an inventory of greenhouse gas
em issions, set appropria te reduction targets,
and create greenhouse gas emission reduction
action plans.
■ Smart Growth. Consistent with Cal Cities Smar t
Growth policies, encourage the adoption of
land use policies designed to reduce sprawl,
preserve open space, and create healthy,
vibra nt, and sustainab le communities.
~ES · ~.ailcifiil:€librg I 5
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
6 ■ Green Technology Investm ent Assistance .
Support tax credits, grants, loans, and other
incentives to assist the public, businesses, and
local age ncies that invest in energy effi cient
equipment and technology, and fue l eff icient,
low-emi ssion vehicles.
■ Energy and Water Conservation and
Efficiency. Encourage ener gy efficien cy, water
effi ciency, and sustainable building practices
in new and existi ng public, resident ial, and
commercial bui ldings and facilities. This may
includ e using the U.S. Green Bui lding Counc il's
LEED prog ram or similar systems.
■ Green Building Guidelines . Cal Citie s
encourages state agencies to provide
leadersh ip in developing voluntary, model
statew ide residential green building
guidel ines that wi ll provide information to
loca l jurisdictions on how to evaluate and use
different green building strateg ies. Add itiona lly,
Cal Cities encourag es cit ies to adopt voluntary
residential green bui lding guide lines as a
referen ce guide, to evaluate available green
buildi ng programs and adopt those best
suited for their communities, and to explore
incentives that encourage gree n building by
privat e develope rs of residentia l const ruction
projects.
■ Increase the Use of Clean Alternative Energy.
Promote the use and purchase of clean
alternative energy t hrough the developm ent of
renewab le energy resources, recovery of landfi ll
meth ane fo r energy product ion, and waste-to
energy techno logies.
■ Reduction of Vehicle Emissions in Public
Agency Fleets . Suppo rt t he reduction of
veh icle emissions through increased fue l
efficiency, use of appropriate alternative
fueled vehicles , and/or low-em ission veh icles
in public agency fl eets. Encourage the use of
appropriate alternat ive fueled vehicles, and/or
low-em ission vehicles in privat e fleets.
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■ Climate Change Impacts . Encourage all levels
of government to share informat ion to prepare
for climat e change impacts.
■ Coordinated Planning . State policy should
encourage and provide incent ive for citie s to
coord inate and share planning informa tion
w it h neighboring citi es, counties, and other
governmenta l ent ities so that t here are agreed
upon regiona l blueprints and strategie s for
dealing w ith greenhouse gas em issions.
■ Water Supply for New Development .
Encourage excha nge of water suppl y
information between state and local agencies,
including information on the impacts of
climate change on state and local water
supp lies.
■ Recycled Content and Green Purchasing
Policies. Encourage the adoption and
implemen t ation of recycled content and
green pro cureme nt poli cies, if fitness and
quality are equa l, includ ing the adoption of
an Environm enta l Manag ement System and
authorization of local agenc ies to cons ider
criter ia other tha n only cost in award ing
contracts for services.
■ Environmental Standards. Cal Cities suppo rts
flexibili ty for state and local governments to
enact environmenta l and other standards or
m anda tes that are stronger than the federa l
standa rds. However , Cal Cities reserves
the right to question or oppose stronger
standa rds on the merits. Cal Cities also opposes
legislation that proh ibits state and local
gove rnments from enacting stricter standa rds.
Cal Cities supports efforts to encou rage regional
climate adaptation planning to reduce climate
risk, foste r collaboration among local, reg ional , and state entities, and develop gu idance for potentia l
state, federa l, or private investme nt in regiona l
adaptation projects.
Item #3 Page 37 of 101
Hazardous Materials
Cal Cities supports the abi lity of loca l governments
to enact local standards or regu lations that are
stronger than those enacted at the st ate and
federa l level. To this end, where the city fire
department is the lead agency for regulating and
enfo rcing hazardous materials laws, Cal Cities
supports t he provisions of existing law that permit
a local fire department to adopt stronger local
requirements, as long as it complies with specified
procedures to enact such stronger local standa rds.
Cal Cities opposes legis lation or regu lations that
restrict such authority.
Cal Cities supports efforts to streamline and
coordinate hazardous mater ials regu lation among
various levels of government, including city fire
and county environmenta l health departments.
Cal Cities supports the ability of city fire
departments to be administrating agencies for
any of the major hazardous materia ls laws or to
be the lead agency (the Certified Unified Program
Agency) under the SB 7082 program and opposes
legis lation or regu lations to restrict such authority .
Cal Cities opposes any efforts to restrict the ability
of cities to issue building or other permits they
are now authorized to issue relative to hazardous
materials laws.
Cal Cities opposes any proposa ls that wou ld
preempt the ability of a city to deny a land use
permit or restrict its ability to issue a conditional
use permit for the siting of a hazardous waste
facility .
Cal Cities opposes legis lation that mandates that
cities post information on the Internet regarding
adoption, amendment, or repeal of hazardous
materials ordinances. However, Cal Cities does
not object to legislation t hat makes such posting
voluntary.
Dec. 13,2022
ENVIRONMENTAL QUA LITY
Cal Cities supports the following principles related
to Brownfie lds Revitalization:
■ Cal Cities supports state and federa l legislation
that would create additional fiscal resources
and options to restore and develop urban
and industria l brownfie lds contaminated by
hazardous materia ls. Cal Cities also supports
creative state and federa l efforts to encourage
revitalization and better use of abandoned
urban and industrial brownfie lds, as long as
local governments retain existing land use
authority.
• Cities shou ld have the ultimate say on whether
a proposed brownfield remediation project
is consistent with local land use policy. The
proposed use of a project (i.e., parking garage,
business park, residentia l deve lopment) should
be consistent with a city's general plan and
land use authority.
• The clean-up level of a project should be based
on its proposed use (i.e., parking garage, as
opposed to residential deve lopment).
• Mechanisms, such as restrictive covenants of
deed restrictions, need to be in place to ensure
that if a future use for a property is different
than that which was proposed when the site
was cleaned up, that the clean-up levels be
re-evaluated and additional remediation be
requ ired before the new use can be approved.
■ Local agencies do not have the desire or
generally the expertise to do the technical
evaluation for site assessment and remediatio n
plans. Appropriate state agencies should have
that responsibi lity.
■ If a property owner plans to develop the site,
then the owner shou ld be required to do the
necessary site assessment and clean up.
~ ES · Pag&.a81cifiiHlibrg I 7
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Solid Waste and Recycling
Cal Cities suppor ts continued efforts by local
age ncies to meet the 25% and 50% recycling
and diversion provisions of the Integrated
Waste Management Act ofl989 (AB 939) and
believes that decisions on how to achieve those
requirements are best determined at the loca l
level, rather than by state agencies. Cal Cities
believes that those jurisdictions that have made a
good faith effort to comp ly with the requirements
of AB 939 should not be subject to enforcement
pena lties. Cal Cities opposes the repea l of AB 939,
but supports continued efforts to streamline its
prov isions and to assist in compliance.
Cal Cities believes that green waste used as
alternative dai ly cover (ADC) shou ld be elig ible
for limited AB 939 credit, as long as the ADC
meets performance and health and safety criteria
establ ished by the California Integrated Waste
Management Board (CIWMB), now the California
Depa rtment of Resources Recovery and Recycling
(Cal Recycle).
Cal Cities continues to support legislation
to provide changes to AB 939 (the California
Integrated Waste Management Act) that w ill:
• Place more emphasis on the implementation
of waste diversion programs and less strict
mathematica l account ing;
• Require Cal Recycle to evaluate the level of
accuracy of the existing system the board uses
to measure jurisdict ions' achievement of the
waste diversion requirements of state law and
develop appropriate policies, in consu ltation
with local jurisdictions, to account for any
inaccuracies in the system;
• Encourage the development of non-burn
transformation technolog ies by providing ful l
diversion credit for the waste that jurisdictions
send to non-burn transformation facilities;
• Require the board to expand its market
development activities, including providing
8 I ~Cc fl-1Es02~ w.ca lcit ies.org
more funding for research and development of
markets for recyclable materia ls; and
• Require Cal Recycle to staff its existing
regiona l offices with personnel that can assist
jurisdictions in carrying out the requirements
of the act.
Cal Cities supports legislation and other efforts
to increase the markets for recycled materia ls,
including advance disposal fees, minimum
content laws, and recycl ing market deve lopment
zones. Cal Cities opposes legislation that requires
local governments to adopt refuse fees based
upon variab le can rates.
Cal Cities supports efforts to strengthen curbside
recycling programs and opposes efforts to weaken
such programs. Cal Cit ies supports legislation to
expand the container types included in the AB
2020-bott le bill program.
Cal Cities supports the right of cities under existing
law to be designated as Local Enforcement
Agencies for solid waste facility permitting,
inspection and enforcement, and opposes
legis lation to restrict this authority or transfer it to state agencies.
Cal Cities opposes legislation that would preempt
local land use authority over solid waste facil ities,
would restrict the ability of a city to issue a land
use permit for a solid waste facility or would
restr ict the ability of a city to condition such
faci lities through the conditional use permit
process.
Cal Cities does not oppose legis lation that assesses
fees on solid waste that is disposed of out of state,
as long as the fees reflect the pro-rata portion of
in-state costs.
Cal Cities opposes legis lation that wou ld authorize
the Director of Cal Recycle to consider landfill
capacity as a reason for denying concurrence
of a solid waste facility permit and also opposes
legis lation that would prohibit a public agency
from being certified as a Local Enforcement
Ite m #3 Page 39 of 101
Agency if t he public age ncy is also an operator of a
solid waste facility.
Cal Cities opposes legis lation that would
author ize t he Directo r of Cal Recycle to cons ider
envi ronmen t al j ustice as a basis for concu rring or deny ing a solid waste fac ility perm it. Cal Citi es has adopted the policy that issues of environ menta l
just ice are best addressed at t he local level
th rough the local land use and public hearing
process and th rough existing federal and state
policy.
W hile Cal Cities suppo rts the retrofi t of pu blic
and private d iesel-fueled garbage trucks to
reduce part icu late matter air polluti on (see Air
Qua lity section), Cal Cities opposes fund ing such
ret rofits in a way t hat would eit her interfere w it h the existing franc hise relat ionship betwee n loca l
governmen t s and hau lers or wou ld impose a
surcharge on landf ills.
Cal Cit ies supports leg islation and reg ulation
that aut horizes t he land app licat ion of biosolids
that meet specified statewi de healt h and safety
standa rds. Cal Cities supports leg islat ion t hat
perm its enactme nt of stronger loca l ordi nances
only if they are based upon protecting pu blic
health and safety and good science. Cal Cities
opposes leg islation t hat preempts outr ight
stronger loca l ordinances, regard less if t hey are
based on protect ing public health and safety and
good science.
Electronic Waste
Cal Cities suppor ts legislati on im plem entin g
the concept of ma nufact urer responsibility for
electronic waste (e-waste) . This includ es, but is not limited to, encouraging or providi ng incentives
fore-waste recycling, req uiri ng ma nufacturers of
com puter, cat hode-ray tu be (CRT), photovolta ic
modu les (solar panels), and othe r electronic
product s conside red universa l wastes, to operate
or fund compre hensive, extended produce r
responsibi lity programs. Such prog ram s shou ld
Dec. 13,202 2
ENVIRONMENTAL QUALl1Y
req uire prod ucts to be sustai nably designed and
labeled, offer fina ncial incentives to consu m ers to
properly dispose of e-wastes, enco urage recycling,
reuse and collect ion programs by man ufact ure rs,
incent ives to consumers to redeem or recycle
e-waste, and fund a conve nient collect ion
infrastruct ure.
Cal Cit ies supports statewide and m anu fact urer
educa tion prog ram s to educate consume rs about
e-waste and recycling effor ts.
Cal Cities supports an advance disposa l fee on
com puter and other electronic products in order
t o fund such manufac t urer respons ibi lity programs
and local collect ion and recycling programs.
Cal Cities supports national effor ts to address t he
e-waste problem.
Household Hazardous Waste
Cal Cit ies opposes legislation t hat requires loca l
ju risdict ions to collect house hold hazardous
waste in a specif ic collection manne r, includ ing
manda tory curbs ide collection.
Extended Producer Responsibility (EPR)
Cal Cities supports legislat ion imp lementing
producer respons ibility. This includes, but is not
limited to, ma ndati ng or provi di ng incen t ives
incl ud ing fund ing for com prehens ive produce r
respo nsibility progra m s for hazardous and
univers al wastes and products and packaging for
w hich disposal or recycl ing is problema t ic for local gove rnm ents.
Single-Use Plastics
Cal Cities supports reduc ing t he amount of
single-use plastic packagi ng and products that
enter t he waste stream th rough methods such as
sou rce reduction and increases to the recyclabi lity
and com posabi lity of these items. This incl udes
reducing t he waste gen erated fro m sing le-use
plastics, such as plastic st raws.
~#13 ES · ~ .cWccifiil€l~rg I 9
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Single-Use Carryout Bags: Cal Cities supports
in concept legislation that charges a fee for all
consumers for single-use carryout bags at the
point of sale; however, Cal Cities does not have
a position on the amount of the fee except that
it should be set to modify consumer behavior.
Cities should be eligible for moneys generated
from any fee placed upon single-use carryout
bags, provided those dollars are used by the city
to mitigate the effects of sing le-use carryout bags
on the stormwater, solid waste diversion, visitor
education and awareness, and water quality in
the city. Any application for funding prov ided to
cit ies by single-use carryout bag fees should be
stream lined, simple, and not overly burdensome.
Cal Cities supports CEQA exemptions for single
use carryout bag bans or a programmatic EIR.
Cal Cities opposes any bill that would preempt
local governments from individually ban ning
or placing a fee on single- use carryout bags
dist ributed within the city.
Energy and Utilities
Cal Cities supports the constitutiona l right
of municipal utilities to operate outs ide the
j urisdiction of the California Pub lic Utilities
Commission (PUC) and opposes any legis lat ion
that would erode the abi lity of municipa l utilities to operate or place them under PUC contro l.
Cal Cities suppo rts maintaining the standard of
inverse condemnation for investor -owned utilities
that require utilities to pay damages. Cal Cities
opposes reducing the inverse condemnation
standard for incidents caused by a uti lity, whether
retroactive or otherwise, and supports ensuring
local governments can recover applicab le
damages.
Cal Cities supports the prohibition of passing
through the costs of fines and pena lties incurred
by electrical and gas corporations to ratepayer s.
10 I ~~GitA~2 2www.calcities.o rg
Cal Cities opposes legislation that dictates the mix
of generating sources (i.e., hydro, coal, biomass,
wind, etc.) used by municipa l utilities.
Cal Cities opposes any legislation that interferes
with loca l uti lity rate-setting authority and opposes any legislation that restr icts the ability of a city to t ransfer revenue from a utility (or other enterprise
activity) to the city's general fund.
Cal Cities is neutra l on legislation requiring
municipa l electric utilities to include a "renewab le
portfolio standard" (RPS) in their mix of sources
of electr icity, as long as the requirement is the
same as that which applies to investor-owned
utilities. Cal Cities opposes leg islation that requ ires municipa l electric uti lities to meet an RPS t hat
is stronger than that applied to investor-owned
utilities.
The following principles will guide Cal Cities'
position regarding exit fees to avoid cost-shifting
for newly formed municipa l utilities or extensions
of exist ing municipal uti lities:
■ A mechanism or venue other than the PUC
should be used to determ ine and impose the
exit fees in order to prevent PUC jurisdict ion
over municipa l utilities . For example , exit fees
might be best evaluated and incorporated
by the courts as part of eminent domain and
the condemnation proceeding used when a
city wishes to take over the IOU's distribution
system.
■ Cal Cities does not object to fair exit fees to
avoid cost-shifting for customers that were
actua lly served by an investor-owned uti lity.
■ Exit fees should consist of payments of a fair
share of the DWR bond costs, a fair portion of
the IOU under collections, and a fair share of
the remaining amount of the CTC (competition
transition charge, leftover from AB 1890).
■ Exit fees shou ld not be charged to newly
annexed municipa l utility territory that
was never served by an IOU (so-called
"greenfie lds").
Item #3 Page 41 of 101
• In addition, Cal Cit ies believes photovo ltaic
systems sho uld be comp letely exempt f rom
any type of exit fee.
Cal Cities supports effo rts to reduce the numb er
and freque ncy of utility-initiated power shutoffs,
also called public safety power shutoffs, to
maintain city electr icity grid integr ity and city
operations.
Community Choice Aggregation
• Local Energy Autonomy: Cal Cities supports
programs that increase local control over t he
purchase and development of renewab le
energy resou rces, as an effective m eans of
increasing consumer access to renewable
energy at stab le, competitive rates, and
decreasing statewide g reenhouse gas
emissions.
Cal Cities supports cities' exercise of the right
to form or join existing Commu nity Cho ice
Aggregation (CCA) entiti es, as an effec tive method
of increasing local contro l over power supply.
Accordingly, Cal Cities suppor t s leg islation and
regu latory policies t hat support CCA autonomy in
policymak ing and decision -m aking and opposes
legis lation and reg ulatory policies that unfairly
disadvantage CCAs or CCA customers, or reduce
or undermine local decision -making auto nomy by
the CCA or its governing board.
Cal Cit ies supports cont inuing development of
local renewab le energy resources and supply,
including the protect ion of loca l autonomy to
administer ene rgy efficiency and insta ll and utili ze integrated distributed energy resources.
Consumer Protection: Cal Cities suppo rts comp lete
transparency of all energy procurement practices,
stranded costs, and depa rt ing load charges. Cal
Cities suppo rts fair compet ition in statewide
energy markets for CCAs and m uni cipal or other
publicly owned utilities. Cal Cities suppo rts
legislatio n and regu latory policies that protect
CCA custo m ers from improper cost allocation. Cal
Dec. 13,2022
ENVIRONMENTAL QUALITY
Cities opposes legislation that con flict s with or
diminishes CCA procurement autonomy.
• Energy Efficiency: Cal Citi es supports effect ive
leverag ing of energy efficiency programs
tailored to address local needs and concerns.
Microgrids
Cal Cities supports the use and deployment of
microgrids, especial ly as a too l to aid energy
resiliency and disaster preparedness.
Electric Industry Restructuring
Cal Cities supports the restructuring of the
elect ricity services industry, provided it meets the
following crite ria:
• Support the Concept. Cal Cities of California
Cities supports the concept of electric industry
restruct uring if it results in lower electricity
rates t hat cont inu e permane ntly into the
futur e. Cal Cit ies does not support or oppose
any specific form of restructur ing and believes
the program ultimately implemented must
satisfactor ily address the adop ted criteria listed
below. Any new industry restructure shou ld
be based on a thorough econo mic analysis
of the fu ll costs and potential benefits of the
alternatives under considerat ion.
• Equitable Benefits. Any restructuring program
shoul d result in all ratepayers direct ly sharing
in the benef its equitably.
• Municipal Utilities. Any restructur ing program
should maintai n the concept of municipal
uti lities. No restructu ring proposa l shou ld
abrid ge the existing autho rity of municipal
uti lit ies to ope rate or abridge the abi lity of
citi es to form municipa l utilities in the future.
• Franchise Authority. Cities shou ld cont inu e to
have the authority to issue franchises and any
prog ram shou ld be at least revenue neut ral
relative to revenue currently received from
franchises.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Aggregation . Under any restructuring program
agreed upon by the PUC or the Legislature,
cities shou ld have the opportun ity to become
aggregators for municipa l operations or the
community at large. As an aggregator, a city
would be able to combine the electric loads of
various users and negotiate the purchase of
electricity for those users.
■ Stranded Investments . The problem of
stranded investments should be resolved in
a way that keeps investors, ratepayers, and
generato rs financia lly whole. Any pol icy to
dea l with st randed investments for large
energy producers (i.e., nuclear power ) should
be appl icable to all other producers (i.e.,
independen t power producers).
■ Wheeling . Any program should faci litate the
wheeling of electricity between generators and
users.
■ Alternat ive Sources . Consistent with existing
Cal Cities policy that supports the deve lopment
of alternative energy sources, any restructuring
prog ram shou ld incorpo rate suppo rt for
alternative energy in order to enhance the
mix of energy sources availab le in California,
bot h for environmenta l and strategic energy
security reasons.
■ Biomass . The unique prob lems of the biomass
industry, as they relate to California's solid
waste infrastructure, shou ld be fair ly resolved
in any deregu lation program.
■ Social and Environmental Impacts. Consistent
with existing Cal Cities policy, California should
not abandon its energy programs that provide
social and environmenta l benefits.
In addition to those policy guide lines, Cal Cities
agrees that cities t hat are aggregators should
be required to follow the same consumer
protection st andards as other aggregators, that
participation in aggregation by an electricity user
should be voluntary, and that cities shou ld have
the opportunity to serve as aggregators for their
m u nicipa l operations or for those residential or
12 ~jiJ.-diii~2'2w ww.calci t ies.org
commerc ial customers who w ish to participate in
a city-sponsored agg regation program.
Finally, Cal Cities believes that any federal action
in the area of electricity restructuring must
not preempt legis lation and actions in states
t hat choose to restructure their uti lity industry
if such federa l action relates to state and local
governme nt home rule authority. This includes
autho rity related to the regu lation of rights-of
way, franchises, taxing uti lities and services, or to
aggregate.
In response to the energy crisis of 2001, Ca I Cities
adopted the fol lowing principles related to energy:
■ Land Use Control. Local contro l over land
use should be inviolate. Cal Cities w ill oppose
legislation that restricts local land use contro l
beyond tha t which is already in existing law.
■ Municipal Utilities. The autonomy of mun icipa l
utilit ies should not be eroded . Cal Cities wil l
oppose any legis lation that harms munici pal
uti lities.
■ Energy Prices and Rates. Cal Cit ies is
concerned about t he impacts of escalating
energy prices on the overall economic health
of our state, including city budgets. Although
at this time Cal Cities will not get involved in
individual bi lls dealing with tec hnica l aspects
of pricing, Cal Cities believes that any solution
to address the short- and long-term energy
price situation shou ld meet severa l key criteria.
» Cal Cities believes energy prices should
encourage conservation and reward those
who reduce energy use (i.e., tiered rates).
» Cal Cities is concerned about the impacts
of escalating ene rgy prices on low-income
residents and sma ll businesses. Cal Cities
su pports ene rgy pricing structures and
other mechanisms to soften the impacts on
this segment of our community .
» In design ing rates, the state shou ld be
aware of the operationa I constrai nts of
some businesses and thus their potential
Item #3 Page 43 of 101
inability to take advantage of conservation
pricing. Thus, the state shou ld provide
other incentives to conserve to businesses
t hat cannot take advantage of other
options.
■ Conservation in City Facilities . Support
legislation that provides direct funding for
conservation and demand reduction projects
in city facilities.
» Work to obtain the greatest level of funding
for loca l governments, and work with all
authors and the Administration in crafting
legis lation that will be most effective and
beneficial to local governments.
■ Siting Energy Facilities- Incentives to Local
Governments. Funding should be available to
cit ies to streamline the siting process at the
loca l level.
» Eligible projects to receive ince ntive
payments wou ld not only cover new
electricity generat ing facilities, but also
projects to expand existing generation
faci liti es, to rep lace them wit h more
efficient facilities, or to build renewable
projects, including photovo ltaics, fue l cells,
or cogeneration.
>> In order to stimulate the deve lopment
of these facilit ies, it wil l be necessary to
provide additiona l long-term community
benefits that the loca l government can
demonstrate to its citizens.
» Any city or county that approves siting of
a private ly deve loped generat ing faci lity
shou ld receive 100% of the property tax of
that facility. To stimu late the deve lopment
of projects such as cogeneration facilities,
the standby charges for the facility should
be waived.
» The state should provide additiona l
financia l assistance to cities and counties
for such projects, which could include the
cost of transmission line extension.
Dec. 13,2022
ENVIRONMENTAL QUALITY
» Cal Cities wil l work to ensure that there are
no negative impacts on municipal utili ties
from efforts to streaml ine energy facility
sit ing.
• Power Plant Siting - Other Issues. Support
legislation that increases the threshold at
whic h a city is the lead permitting agency
for an energy facility from SO to 100 MW (or
above). Oppose legis lation that decreases this
threshold.
» Take no position on proposals to stream line
the facility approval process, except to
suggest appropriate revisions to reflect
technical comments from city experts on
local government review and comment
related provisions.
» Explore exempting cit ies with municipal
utilities completely from the Energy
Commission review process for all power
plants proposed within their jurisdiction,
regardless of the size of the faci lity (i.e.,
the municipal utility city would have lead
agency author ity, regard less of the size of
the facility).
■ Environmental Regulation of Power Plants .
Cal Cities shou ld not get direct ly involved in
legis lative discussions and shou ld not take
a position on legislation to relax, suspend,
or elim inate environmenta l regu lation, with
several exceptions.
» If environmenta l standards are relaxed,
suspended, or eliminated, Cal Cities shou ld
seek legislation to ensure that cities do not
bear the bu rden of meeting the shortfall
in environmental protect ion. For example ,
suspended or reduced waste discharge
requirements for a power plant may result
in increased hot or salty coo ling water
discharged from a power plant into a bay
or stream. Pub licly owned treatment works
shou ld not be required to meet a higher
discharge level to offset the power plant
discharge or fined as an indirect resu lt of
oiert11#~s · ~ofe'l;OO: g 1 13
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
the increased water pollution that wou ld
result. Similar argumen ts can be made
for air pollution burdens. There shou ld be
some sunset included for environmenta l
waivers for re-powering of existin g facilities
and all new plants should be requir ed
to meet t he BACT (best available contro l
technology) standard.
■ Public Power Options. Support all bills that
enhance the public power options available to
cities and cou nt ies.
» Cond itio n suppo rt and/or sponso rship
upon the correct language being written.
Work with mu nicipa l utilities and others t o
ensure the prov isions are drafted proper ly.
» Cal Cit ies sho uld not suppor t legislati on
that would give up t he existing, lim ited
authori ty of cities to regu late cab le and
tel ecommunications companies as a trade
offto make it easier to form a m unicipal
electric ut ility.
■ Interruptible Rates. Cal Cities shou ld t ake no
position on legislat ion dealing w ith changes
to interruptib le rates but shou ld watch t he
subject careful ly.
)> Cal Cities should comment on legislat ion,
as approp riate, to exp ress concern that
resolution of the issue shou ld seek equity
in how it handl es classes of ratepayers and
communities. Legislat ion shou ld take into
consideration economic gains prev iously
made by customers on interrup ti ble rates
and shou ld provide assistance for those
caug ht in extreme situations.
■ Rotating Outages - Exemptions . Cal Cities
shou ld not get directly invo lved in bills dealing
w ith which type of customers are exempt
from rotating block outages and shou ld not
take a positio n on t hese bills. Howeve r, Cal
Cities shou ld work with police and fire chiefs
to ensure that police and fire faci lit ies are
appropriately protected either legislatively or
14 I ~!a.i-<hl-AiW2 2www.calcities.org
adminis trative ly, if proposals move ahead to
expand the range of exempted faci lities.
» Cal Cities should seek leg islative or
admini strative resolution givi ng advance
notif ication to those businesses , such as
some agricul t ural businesses, that use
hazardous materials that cou ld pose
a danger if the plant is not shut down
properly.
)> Cal Cities shou ld seek grant or loan fund ing
for essent ial services (i.e., police/fire , water/
wastewate r) to purchase new or replace
existing backup generators that are more
ene rgy-efficien t and less pollut ing.
■ Wholesale Regional Price Caps - Federal
Legislation. Cal Cities shou ld not take a
position on federa l legislatio n to give the
Secret ary of Energy aut hority to im pose
regiona l who lesale price caps on electricity .
This is a mixed bag and Cal Cities should stay
out of the issue.
■ Price Gouging by Electricity Suppliers. Cal
Cities shou ld send a letter to the Governor and
Attorney Genera l supporting thei r ongo ing
effor ts to determine w hether who lesale market
abuse occ urred and asking that appropriate
action be taken to remedy the problem if
illega l activi ty occurred.
California Environmenta l Protection Act
(CEQA)
Procedures and Noti ces
■ Fair Argument Test. Cal Cities strong ly opposes
the elimi natio n of the fair argument test as
the thresho ld for determi ni ng whet her to
prepare an Enviro nmenta l Impact Report (EIR).
There are a number of other reforms t hat wil l
reduce CEQA's complexity whi le preserving
the fair arg ument t est's role as a pla nning tool.
These include funding for Master El Rs and
elimi nating attorneys fees for petitioners.
Item #3 Page 45 of 101
■ Master EIR Fund ing. Cal Cities strongly
supports t he deve lopment of a fund ing ,
source for Master El Rs. Both of the proposa ls
con t ained in t he Little Hoover Comm ission
report would meet the needs of cities .
■ Exemption for Modified Project Renewals .
Cal Cities opposes exempting the renewa l
or reissuance of a perm it, lice nse, or other
entit leme nt w here t here is a change in t he
project.
■ Centralized Responsible Agency Notification.
Cal Cities opposes shift ing t he responsibil ity
to not ify responsib le agencies fro m t he lead
agency t o t he State Clearing House. Cal Cities
opposes m aking ident ifi cation of Respo nsible
Agenc ies at the Notice of Preparat ion stage
by other than the Lead Agency (e.g., th e Office
of Plannin g and Research) concl usive so t hat
age ncies not ident ifi ed wou ld be barred f rom
late r com menting on projects.
■ Responsible Agency Documentation. Cal Cit ies
supports requ iring t hat Respons ible Age ncy
com ments be supported by spec ifi c referenced
docu m entat ion.
■ Substitution of Environmental Impact
Statements . Cal Cit ies opposes allowing
an Environmenta l Im pact Stateme nt to be
subst ituted fo r an Environme nta l Impact
Report in any situa ti on ot her than m ilita ry base
clos ures because t he National Environme nta l
Policy Act does not conta in CEQA's duty to
mitiga te.
• Duty to Respond to Comments . Cal Cities
opposes shielding lead agenc ies from
respond ing to comments received more than
30 days after a Notice of Preparation (NOP) or
received verbally.
• Timelines for CEQA Contracts . Cal Cities
supports elim inati ng subdivision (b) of
Pub lic Resources Code Section 27157.5, which
mandates t he ti meline for ente ring into CEQA
contracts.
Dec. 13,2022
ENVIRONMENTAL QUALITY
• Arbitration of Disputes. Cal Cities supports
adding an arbitratio n opt ion to the
req uirement t hat each cou nty over 200,00 0
design at e a "CEQAjudge ." Among the issues
that w ill need furt her refine m ent are whether
an alternative d ispute resolutio n process
sho uld be a cond it ion precedent to litigat ion,
w hether t he alternative dispute resolution
process wou ld be binding on participants, and
how to lim it the alternative dispute resolution
process to CEQA adequacy issues rat her tha n
com m unity mitigat ion issues.
• Good Faith Settlements. Cal Cities suppo rts
discouraging lawsui t s t hat have litt le merit by
(l) eliminating t he applicatio n of a mu ltiplie r
analysis to the amo unt of atto rney's fees
awarde d in a laws uit that is subjec t to a
sett lem ent agreeme nt; and (2) by preclud ing
t he adopt ion of meas ures or projec t condi t ions
as part of a settl ement agreement that
do not mit igate a signi f icant effect on t he
environment.
• Recirculation Standards. Cal Cities suppo rts
raising the t hreshold fo r recirculatio n of El Rs
so t hat only new "sig nificant unavoidab le
impacts" wou ld necessitate recircu lation.
• Basis for Statements of Overriding
Considerations. Cal Cit ies supports clar ifying
t hat t he basis for Statements of Overr id ing
Consideratio ns is informa t ion cont ained in th e
record.
■ Compliance with Local Public Notice
Requirements . Cal Cit ies suppo rts leg islation
to requi re all project s propose d by state or
loca l public agencies, inclu ding un iversit ies,
community colleges, schoo ls, counties, cities,
and spec ial districts, to comp ly with the
ide nt ical local public notice requirements t hat
wou ld be applicab le to projects sponsored by
private develope rs in t he ju risdiction w here the
project is locate d.
ci.terti11r1:s · ~6::ofel;Qft g 1 1s
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Tolling Agreements. Cal Cities supports tolling
agreements, but acknow ledges and relies on
existing published case law that already allows
for the use of tolling agreements in CEQA
cases.
■ Concurrent Preparation of Administrative
Record. Cal Cities opposes legisla tion that
would require concurrent preparation of
the administrative record and the electronic
post ing of administrative record unless (7)
the full costs of concurrent preparation and
electronic posting as determined by the lead
agency are paid for by the app licant or other
member of the public w ho req uests these
processes; and (2) a lead agency that is unable
to comp ly with such a request because of
either a lack of personne l or techno logica l
capability is not required to provide these
processes .
■ Court Remedies. Cal Cities supports legislation
that wou ld clarify a court's ability to fashion
a remedy that is specific to the project and
limited to only those aspects of t he project
held inva lid under CEQA.
Definition of a Project
■ Effect on the Environment. Cal Cit ies supports
narrowing the defin ition of "project" to prevent
CEQA lawsuits on non-environmental matters.
■ School Operations Exempt ion. Cal Cities
supports exempting any school closure or
student transfers from CEQA.
■ Categor ical Exemption for Nonindustrial
Infill Projects . Cal Cities supports expanding
categorica l exempt ions to include
development projects in urbanized areas that
are consistent with general plans, zon ing and
cumulative impact projections ana lyzed in a
Master EIR. Such projects should be limited to
infi ll and nonindustria l.
Cal Citie s supports legis lation that exempts pub lic
works projects, within the existing right-of -way,
16 ~~l-&q~ e?!P:2 '2www.ca leities.org
from CEQA if approved by the city in which the
project takes place.
Significant Environmental Effect
■ Significance Thresholds. Cal Cities opposes t he
creation of a new mandate requiring each city
to develop boilerp late sign ificance thres holds.
Cal Cities also opposes a sing le statewide set of
standards for determining significance at the
local level. Instead, Cal Cities supports req uiring
that each EIR contain significance thresholds
formally adopted by the lead agency for the
project .
■ Safe Harbor. Cal Cities supports the concept
of "safe harbor," which means t hat if a
project comp lies with certain locally adopted
standards, t hen a project cou ld not be
chal lenged in court based upon those impac ts
on the environment.
• Aesthetics. Cal Cit ies opposes any effort to
lim it a local agency's ability to challenge the
aesthetic impact of a project under CEQA.
■ Consideration of Socio-Economic Factors .
Cal Cities opposes adding social, economic,
recreat ional, or other factors to be considered
when ana lyzing the significance of
environmental impacts.
• Indirect Effects . Cal Cities opposes amending
the definition of effects to eliminate
the analysis of indirect and cumulative
environmental effects.
■ Cumulative Effects . Cal Cities supports
the elimination of El Rs for projects with
solely cumu lative ly sig nif icant impacts
where the impact has been addressed by a
comp rehensive plan that identifies specific
mitigation measures. Cal Cities opposes
exempting project s that are subject to their
own subsequent environm ental review from
consideration as a reasonab ly foreseeab le
future proj ect when analyzing cumu lative
impacts.
Item #3 Page 47 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
■ Statement of Overriding Considerations. Cal
Cities supports t ransparency in CEQA decision
making but opposes a public comment period
for the notice of draft Statement of Overriding
Considerati ons.
Alternatives
■ Alternative Site Requirement. Cal Cities
supports elim inating the alternative site
requir ement for all private projects.
■ Level of Detail. Cal Cities supports requiring
that projects of statewide , regionwide, or area
wide significance desc rib e at least two feasible
project alternatives wit h a level of detail equal
to the proposed project.
■ No Project Alternative. Cal Cities opposes the
elimination of the "no project alternative."
■ Environmental Impact Report {EIR). Cal Cities
opposes t he elimination of the fair argument
test as t he thresho ld for determining
whethe r to prepare an Environmenta l Impact
Report (EIR). Cal Cities strong ly supports the
development of a funding source for Master
El Rs. Cal Cities suppo rts adding an arbitration
option to the requirement that each county
over 200,000 population designate a "CEQA
judge."
Streamlining
Cal Cities suppo rts expa nd ing the definition of
"eme rgen cy" under CEQA to include projects that
mitigate a high threat to life and property as a
result of a catastrop hic wildfire .
Coastal Issues
Cal Cities opposes leg islation that wou ld permit
the state to impose cond itions on Local Coastal
Plans developed by cities and counties.
Cal Cities supports efforts to curb frivolous appeals
to local coasta l decision s.
Cal Cities supports prohib iting the expa nsion of
offshore oi l and natural gas production along the
Californi a coast.
Dec. 13,2022
Cal Cities supports the Federa l Coasta l Protection
Act, which proh ibits addit iona l offshore
deve lopment throug h the year 2002. This position
was based, in part, on concern about the impacts
to onshore support facili ties and services by
offshore development activities .
Cal Cities opposes legis lat ion that grants authority
to the Coastal Commission that is incon sistent ,
dup licat ive, and overlapping w ith the authority of
other regu latory agencies, such as regiona l water
quality control boa rds or othe r agencies, or that
grants the Coastal Commission authority outside
the coastal zone.
Cal Cities affirms its commitment to local control
by requesting the Coasta l Commission to defer
to the elected officials of a city with respect to
choices in the implementat ion of a Local Coastal
Plan that complies with the requirement s of state
law and regulation .
Cal Cities supports additional resources and too ls
to help cities plan for and address sea level rise.
This includes efforts to better coord inate with
the California Coasta l Commission and Ocean
Protection Counci l to combat sea level rise.
Miscellaneous
Mitigation Monitoring Program. Cal Cities
supports efforts to ensure comp liance with
Mitigation Moni toring Program s but opposes
any effort to require local agencies to report on
com pliance or add other procedu res regarding
the implement ation of Mitigat ion Monitoring
Programs.
Cal Cities supports the right of cities to serve as
lead agencies for the purpo ses of t he Surface
Mining and Reclamation Act (SMARA).
Consistent with the po licy adopted by t he
National League of Citi es, Cal Cit ies believes the
appropriate venue for add ressin g the issue of
"regu latory takings" is within the evolving j udicial
interpretation s of the Fifth Amendmen t of the U.S.
Constitution.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Cal Cities opposes any federal or state
regu latio n, statute, or constitutiona l
amendment which wou ld place restr iction s
on federal, state, and loca l government actions
regulating private property or requiring
addit ional compensation beyond the
continua lly evolving jud icial interpretation of
the Fifth Amendment of the U.S. Constitution.
■ Cal Cit ies wil l oppose any legislat ion that
includes such a provision, regardless of what
else is included in the leg islation (i.e., legis lation that designates a listing of an endangered
species as a "regulatory taking").
Cal Cities supports the abi lity of local governments
to volu ntari ly develop and approve species habitat
plans for their communities , in conjunct ion
wit h willin g property owners. Cal Cities opposes
requiring local governments to amend their
general plans to include species habitat plans
developed by othe rs but not approved by the local
government.
18 ~Iii.~ .. @~e>4)12www.calc ities.org
Cal Cities suppo rts legislat ion that imposes
"Sinclair"-type fees on products in order to
fund the cost of prevention or m itigation of the
pollution or environmental and health impacts of
such products. Cal Cities opposes legislation that
would restrict the imposition of such fees at the
state or local levels.
Cal Cities supports partnering with t he Legislature
and the Governor to address the devastating
envi ronmenta l impacts of illega l marijuana
grows on both private and public lands and the
associated threats to public safety. Cal Cities
suppo rts the creation of responsive solutio ns w ith
adequate fund ing support and effective State and
federa l governm ent leadership to address this
widesp read prob lem.
Note: Ca/ Cities will review new legislation to determine how it relates to existing Cal Cities policies and guiding prin ciples. In addition, because this document is updated eve,y two years to include policies and guiding principles adopted by Cal Cities during the previous two years, there may be new, evolving policies under consideration or adopted by Cal Cities that are not reflected in the current version of this document. However, all policies adopted by Cal Cities Board of Directors or Cal Cities General Assembly become Cal Cities policy and are binding on Cal Cities, regardless of when they are adopted and whether they appear in the current version of "Summary of Existing Policies and Guiding Principles."
Item #3 Page 49 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
LEAGUE OF CALIFORNIA CITIES
California Water Guidelines
FEBRUARY 2010
TABLE OF CONTENTS
I. Califo rni a Water: Gene ral Principles .................................................................................... 20 II. Water Conservation ......................................................................................................................... 21 Ill. Wate r Recycling ................................................................................................................................ 22 IV. Water Quality ...................................................................................................................................... 22 V. Areas of Orig in ................................................................................................................................... 25 VI. Water Storage .................................................................................................................................... 25 VII. Conveyance Systems ..................................................................................................................... 25 VIII. Flood Management ....................................................................................................................... 27 IX. Grou ndwate r ....................................................................................................................................... 28 X. Fish And Wildlife .............................................................................................................................. 28 XI. Drainage ................................................................................................................................................ 29 XII. Recreation ............................................................................................................................................ 29 XIII. NewTechnology ............................................................................................................................... 29 XIV. Financial Considerat ion s ............................................................................................................ 30 XV. Appendix A: Water Qua lity Improvement Ini tiative (2008) ................................. 30 XVI. Appendix 8: Glossary ..................................................................................................................... 32 NOTE: The League of California Cities most recently updated and revised the California Water Guidelines in 2070. The effort began in 2008 with the formation of the Water Task Force. which was comprised of members from Col Cities 76 Regional Divisions and all interested city officials. After months of meetings and conference calls, the Water Task Force submitted the California Water Guidelines revisions to the Boord of Directors. Upon formal adoption by the Boord, the California Water Guidelines where incorporated in the Environmental Quality Policy Committee's scope of responsibility. For additional information. please see the California Water Guidelines introduction on the following page.
Dec. 13, 2022 c1te~1m s · vP-&-gec:SO:oful@>lg 1 19
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Introduction
The California Water Guidelines were first
adopted by the League of California Cities
(Cal Cities) in 1988. Cal Cities and the County
Supervisors Association of California (CSAC)
developed the guidelines. Together, at the time,
the two organizations represented 58 counties and
449 cities.
Much has changed in the realm of water policy
in the more than 20 years that have passed since
the Guidelines were first adopted. The number of
counties has remained at 58, but California has
gained an additiona l 31 cities and the popu lation
of the state has increased to more than 38 million
people, creating increased demands on water
supp ly. There is growi ng recognition that there are
better ways of managing t he flow of wate r withi n
California's many watershe ds and th rough the
Delta, to prevent harmfu l environmenta l impacts
while still ensuring a reliable supp ly of water to
its citizens . Climate change is seen as having an
increasing ly important impact on water supp ly
and water quality. Water shortages place renewed
emphasis on t he importance of water reclamation,
water recycling, and other means of nurturi ng and
protecting an essentia l resource.
In 2003, Cal Cities Board created Cal Cities Water
Quality Task Force to identify and evaluate
wastewater and stormwater regulatory issues of
concern to cities and to recommend steps that
Cal Cities shou ld take to address those concerns.
The Task Force drafted new Cal Cities policy on
water quality and the Cal Cities Board of Directors
adopted their report on July 18, 2003 .
In 2008, Cal Cities formed a new Water Task Force
to cons ider updates and revisions to the Water
Guidelines Cal Cities drafted and adop ted 20 years
earlier. Cal Cities 16 Regiona l Divisions designated
voting members; but membership on the Task
Force was open to all interested city officia ls, and
meetings were open to all interested parties.
20 I ~ i~1e§2-2 www.ca lcities.o rg
The Task Force first met in Sacrame nto in Apri l
2009 and organized three working groups (Water
Use, Water Supply, and Water Discharges).
Members of the working groups held numerous
meetings by conference call over the next two
months. Subsequent meetings of t he ful l Task
Force were held in June and September 2009
before the revised Guide lines were submitted to
Cal Cities policy committees in Janua ry 2010, for
review and approva l. The Guide lines were forma lly
approved by the Cal Cities Board of Directors in
February 2010.
The California Water Guide lines are desig ned to be
used by policymakers at all levels of government
in develop ing futu re water policy for the state of
California. Cal Cities encourages city, county, and
state officia ls, as well as representatives from other organizations, to review the guidel ines as water
policies and programs are deve loped.
I. CALIFORNIA WATER: GENERAL
PRINCIPLES
1. Water needs are projected to increase
significant ly in t he future. While water is
a renewable resource, it is also a fin ite one.
2. Cal Cities supports the development
of additional g roundwater and surface
water storage , includ ing proposed su rface
storage projects now under study if they
are determined to be feasible, including,
but not limited to, environmentally,
eco nomically, and geographically relating
to point of origin. Appropriate funding
sou rces could include, but are not limited
to, user fees, bonds, and federal funding.
3. Loca l, state, and federal agencies
shou ld prepare plans for short-term
water emerge nc ies as well as long -term
cooperative water management plans
and policies, such as the Integrated
Regional Water Management Plan
(I RWM P) process.
Item #3 Page 51 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
4. All water development projects must
be economically, environmental ly, and
scient ifical ly sound.
5. Critical California water issues cannot
be solved without the cooperation of
the stat e and federal governments.
Communication and cooperat ion among
policy groups w ith emphasis on finding
statewide consensus is supported.
6 . Adeq uate water quality requirements for
wastewater discharge into surface water
and groundwater to safeguard public
health and protect benefi cia l uses shou ld
be supported. Benef icial water quality is
fundamental to the health and welfare of
Californ ia and all of its citizens.
7. The long-term viability of rivers and
streams for inst ream uses such _ as fishery
habitat, recreat ion and aesthetics must be
protected.
8. Cal Cities encourages all cities to work
with counties, water agencies, and special
districts to fac ilitate water conservation,
recycling, and reuse efforts.
9. Cal Cities supports state water policy
that allows undertaking aggressive water
conse rvation and water use efficiency
while preserving, and not diminishing,
public and constitutional water rights.
10. Cal Cities suppo rts land use as an
important strategy for water supply and
water quality benef its.
II. WATER CONSERVATION
1. Statewide Goal. Cal Cities supports the
development of a statewide goal to
reduce water use by 20% by 2020 through
the implementation of fair and equitab le
measures consistent with these princ iples.
2. Statewide Effort. Accomplishing water
conse rvation and water use effic iency
goals wi ll require statewide action by
Dec. 13,2022
all water users, including resident ial,
commercial, industrial, and agricultural
water users, loca l and regional planning
agencies, state and federa l agencies,
chambers of commerce, and business,
comme rcial and industrial professional
and trade associations.
3. Comprehensive Solutions. Water
conservation and water use efficiency
must be part of a comprehensive solution
that includes local reso urce development
and infrastructure im provements ,
including storage and conveyance,
as part of a statewide system that
promotes economic and environmental
sustainability.
4. Monitoring, Reporting, and Accountab ility.
Cal Cities supports the implementation
of programs to assure prudent
measurement and mon ito ring of water
use to prov ide accountabi lity and
t ransparency toward the accomplishment
of water conservation and water use
efficiency goa ls.
5. Protect Water Rights. Implementation
of water conservation and water use
efficiency programs must be consiste nt
w ith existing state law in that the act
of conse rvation cannot be allowed to
undermine the water rights of the entities
implementing the water conservation or
water use efficiency program or interfere
w ith exist ing water conservation or water
use efficiency projects.
6. One Size Does Not Fit All. Water
conservation and water use efficiency
programs must have the flexibility
to adjust to widely varying loca l
circumstances recognizing tha t one size
does not fit all. Cal Cit ies encourag es
each city to develop its own ordinance
out lining its conservation plan .
~rtl l#fEs · ~ltofeioo: g 1 21
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
7. Urban Water Conservation and Water
Use Efficiency . In urban areas, Cal Cities
advocates for the implementation of
residentia l and commercia l retrofit
programs, innovative pricing strateg ies,
water-efficient landscaping, including
the implementation of urban Best
Management Practices (BMPs).
Cal Cities encourages cities to consider the
Ahwahnee Water Princip les for Resource
Efficient Land Use when making future land
use decisions. (http ://www.lgc .org/about/
ahwahnee/h2o -principles/)
8 . Agricultural Water Use Efficiency . In
agricu ltural areas, Cal Cities advocates for
incentive -based programs.
Ill. WATER RECYCLING
1. Wherever feasib le, water recycling
should be practiced in urban, industrial,
and agricultural sectors. This includes
increasing the use of recycled water over
2002 levels by at least one million acre
feet/year (afy) by 2020 and by at least two
million afy by 2030.
2. Potable water should include as much
use of reclaimed water and water
conservat ion by 2030 as possible.
3. Increased recycling, reuse, and other
refinem ents in water management
practices should be included in all water
supply programs.
IV. WATER QUALITY
1. General
a) Cal Cities supports the development
of objectives and standards to assure
high -quality water throughout
California. Surface and groundwater
should be protected from
contamination.
22 I ~ ~Ai1~§l22www.calcit ies.org
b) Cal Cities supports efforts to provide
safe and affordable drinking water
across the state. However, Cal Cities
opposes imposing a tax on water as a
fund ing mechanism.
c) Cal Cities supports the development
of economic protocols and guidelines
to assist local governments and water
boards in determining reasonab ly
achievable, cost-effect ive, and
environmenta lly sound regulations.
d) Cal Cities supports the ability of cities
to enact discharge and water quality
requirements or standa rds that are
stricter than state or federal standards
and opposes efforts to restrict such
authority .
e) When address ing contamination in
a water body, water boards should
place priority emphasis on clean-
up strategies targeting sources of
pollution, rather than in-stream or end
of-pipe treatment .
f) Cal Cities encou rages water boards
to address cross -media pollution of
water includ ing, but not limited to, the
problems of atmospheric deposition of
water pollutants.
g) Cal Cities encourages all state office s,
departments, and boards to comply
w ith state policy for water quality
contro l, including compliance with the
Basin Plans.
h) Cal Cities encourages Federal and
State Governments to ensure proper
fund ing to the U.S-Mexico Border
Water Infrastructure Prog ram to
address issues related to cross-border
pollution.
Item #3 Page 53 of 101
ENVIRONM ENTAL QUA LITY: CALIFORN IA WATER GUIDE LINES
2. Water Board Reforms
a) Cal Cities general ly supports the
concept of water board reform.
b) Any water board reforms should
recognize the inher ent differences
between cit ies and regions in
California.
c) Water board reform should recognize
the symbiotic relationship between
regional water quality control boards
and local governments.
d) Cal Cit ies supports the retention
of designated local government
representatives on the regional boards
and the inclusion of a designated local
government representative on the
State Water Board.
e) Cal Cities supports strea mlin ing the
board process, including delegating
permit authority to the executive
officers, with rights of appea l, and
giving greater authority to the State
Water Board over regional board
policies and decisions.
3. Basin Plan Updates
a) Cal Citi es supports the option of local
agenc ies deve loping funding for basin
plan updates.
b) Cal Citi es supports comprehensive
updates to the basin plans t hat
recognize the unique and varied
nature of stormwater. Basin plans
need to recognize the unique and
varied nature of stormwater, both wet
weather and dry weath er runoff.
c) Basin plan updates should comply
with the Porte r-Cologne requirements
to recognize economic impacts, local
drainage conditions, and scientifi c
consensus, including source control
and atmospheric deposition strategies.
Dec. 13,2022
4. National Pollutant Discharge
Elimination System (NPDES) Permits
a) Cal Cities supports reform of the State's
Water Boa rd's admin istration of the
federal NPDES program.
b) Cal Cities encourages the water boards
to issue permits that are reasonably
achievab le, based on the unique
conditions of a city or region.
c) Cal Cities supports regulations and
legis lation that promotes watershed
management, that app ropriate ly
spreads the responsibility for clean
water beyond the requirements that
apply to point-source dischargers,
municipal storm drain systems and
publicly-owned treatment works.
d) Cal Cit ies generally opposes legislation
that requi res the use of numeric limits
in waste discharge permits, especia lly
in stormwate r permits, because of the
d ifficult ies in meeting them, problems
with exceeding them, and the cost and
potential enforcement impacts .
e) Cal Cities supports the development
of a standard definition of "maximum
extent practicable."
5. Total Maximum Daily Load (TMDL)
a) Cal Cities supports the development of
reasonably achievable, environmentally
sound, and cost-effective TMDL's based
on monitoring and sound science and
addressing loca l water conditions.
b) Although Cal Cities is supportive of
local agency deve lopment ofTMDL
funding, greater emphasis needs to
be given to state and federal funding
of the TMDL program, including
p roviding increased funding to local
government for implementation.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
c) Cal Cities suppo rts the implementation
ofTMDLs through alternatives to the
NPDES permits, consistent with the
Clean Water Act and policy, such as
Memorandums of Agreement between
local governments and the water
boards.
6. Water Quality Recommended
Legislation/Policies
a) Ex-Parte Communication . Cal Cities
suppo rts public access to decis ion
makers, including during the time
that new proposed permits and
permit terms are being proposed.
Cal Cities also supports access to
pending permitees outside of the
administrative process.
b) Maximum Extent Practicable (MEP). Cal
Cities supports legislation to define
MEP.
e) Economic Analysis. Cal Cities su.pports
legislation to develop economic
protocols and guidelines to assist local
government and the water boards in
determining reasonably achievable ,
cost-effective, and environmentally
sound regulations, as out lined in
Porter -Cologne Sections 13000 and
13241.
f) Basin Plans. Cal Cities supports
leg islation allowing local agencies
to participate in funding basin plan
updates.
g) Water Softeners . Cal Cities supports the
right for cities to enact ord inances that
rest rict the use of water softeners.
h) Local Discharge Prohibitions. Cal Cities
supports legislation that would enable
cities to adopt ordinances that limit or
regu late industrial discharges into local
sewers and storm dra ins, based on
limits in municipal d ischarge permits.
c) Safe Harbor . Cal Cities supports
legislation that provides imm unity
from fines or third-party litigation for a
local government tha t is in compliance
with the maximum extent practicab le
iterative best management practices
7. General Water Quality Guidelines
d) Mandato ry Minimum Penalty (MMP) .
Cal Cities suppo rts legislation to
modify the MMP provision of the
existing law to make them fair and
equitable for loca l governments.
This wou ld include eliminat ing the
provisions relied upon to compound
penaltie s for single violations and
providing economi c hardship
exemption for small cities (50,000 in
population or less) where there have
been no signifi cant adverse impact s
on the publi c or the envi ronment from
the alleged violation .
24 I ~ ih1E§2.2 www.ca lcit ies.o rg
a) Protect ion and maintenance of
objectives and standards to assure
high-quality wate r throughout
California is essential. Benef icial uses
of surface and groundwater should be
protected from contamination , even
when treatment methods are availab le
to meet drinking water standards.
b) Local, state, and federal governments
and the private sector should prov ide
for the safe management of hazardous
materia ls, includ ing mining leachates,
to avoid pollution and degradation of
both surface water and groundwater.
c) Adequate research funding to
determine appropriate pub lic health
standards for water should be
supported.
Item #3 Page 55 of 101
ENVIRONMENTA L QUALITY: CALIFORNIA WATER GUIDELINES
d) Additional research and education in
the application and use of herbicides
and pesticides and alternatives to their
usage as wel l as research to reduce
industrial and household hazardous
wastes should be supported.
e) The importance of water quality of
bays, estuaries, groundwater, and
other bodies of water important to
munic ipalities, including the problem
of saltwater intrusion, should be
recognized.
V. AREAS OF ORIGIN
1. Ultimate reasonab le and beneficial
water needs of all areas of orig in should
be assured. State law shou ld continue
to provide that only water surplus to
the reasonab le and benefic ial needs of
the areas of origin may be exported. Cal
Cities supports preserving the princip le
of protecting the water rights of areas of
origin.
2. Areas of orig in protections should apply to
all water sources, including groundwater.
3. Reasonab le and beneficia l water needs
of the areas of origin should include
instream needs or uses, including
recreation and sediment flush ing.
4 . Areas of origin should be afforded
financia l assistance, such as the Davis
Grunsky type bonds, in deve loping new
water faci lities.
5. Projects that export water from areas of
origin should not increase the cost of new
local water development projects.
6. Those features of new projects that are
required by state and/or fede ral agencies
to enhance area of origin rec reation, fish,
wildlife, and water quality should be the
financial respons ibi lity of the state and/or
federal government.
Dec. 13,2 022
7. New policies and programs should not
undermine or alter the water rights of
the entities implementing the po licies or
programs.
VI. WATER STORAGE
1. Cal Cities believes that California needs
to develop additional water storage and
therefore believes that the construction
and retention of economically feasible
and environmentally sound flood control,
storage and mu lti-use projects that will
meet present and future needs should be
supported.
2. The development of additional surface
facilities and the use of groundwater
basins to store surface water that is
su rp lus to that needed to maintain State
Water Resource Control Board (SWRCB)
Bay-De lta estuary water quality standards
shou ld be supported.
3. Cal Cities encourages project deve lopers
to mitigate the negative impacts of water
storage projects on f ishery and wildlife
resources, adjacent lands, water quality,
and recreat ion.
VII. CONVEYANCE SYSTEMS
1. Statewide
a) Conveyance facilities including, but
not limited to, the Sacramento River,
whether man-made or natural, should
be constructed and/or operated
to minimize seepage and erosion
problems and, where practicab le, to
resto re or maintain river fun ctions and
to protect previously existing riparian
habitats. They should be constructed
to mitigate these problems and other
adverse impacts on adjacent lands.
b) The owner or purveyor of the water
conveyance system should be
responsible for correcting adverse
cAte~ll BS · ~Slfa iciM.6ilg I 25
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
impacts, i.e., erosion, seepage, and
sediment problems upon wate rways,
either anthropogenic or natural.
c) Envi ronmentally -sound methods of
erosion-control should be encou rag ed
along river banks to protect adjacent
lands from flood or other erosive flows
provided any adverse impacts on fish
and wildlife habitats are mitigated.
d) Local distribution systems should
be interconnected with regional
systems, whe re feasible, to assist in
maximizing the use of local ground
and surface waters during droughts
and eme rgenc ies.
e) Solving the water quality, levee
stabi lity, and fishery p roblems in the
Sacramento-San Joaquin Delta is a
primary step in developing any plan to
meet the state's water needs.
f) Cal Cities acknowledges that the use of
the Sacramento River as a conveyance
system presents problems of erosion
and seepage which must be addressed
in the operation of existing projects
and the design of future projects.
2. Delta
a) Conveyance of water across the Delta
should be through existing channels
wherever possible. Delta transfer
system improvements should be
constructed and operated so as to
minimize or, if possib le, eliminate
reverse flows in the lower San Joaquin
River.
b) Construction of Delta transfer
faci lities should not proceed until the
Department of Fish and Game and
the Department of Water Resources
have entered into an agreement to
implement measures to offset the
26 I ~ e~,~~2-2www.ca lcities .org
State Water Project's impacts on the
Delta fisheries and other eco logica l
concerns in the Bay-Delta estuary,
w hich are shown to be adversely
affected by the proposed transfer
facilities.
c) Implementation of an integrated
program of rehabilitation and
ma intenance of Delta levees involving
federal, state, local, and user interests
for the purposes of protecting the
islands , waterways and other features
including, but not limited to, highways,
railways, water conduits, natural gas
storage, etc., should be supported.
Costs and responsibilities should be
fair ly allocated among beneficiaries of
such a program.
d) Until an integrated Delta levee
program is initiated, the Delta levee
maintenance program, (by former
California Sen. Howard Way), Californ ia
Water Code Sections 12980 -12991,
shou ld be funded and implemented.
e) Any Delta governance and/or water
management structure should include
local government representation from
the Delta reg ion.
f) When assessing conveyance projects,
Cal Cities encourages cit ies to consider
the guidelines outlined in other areas
of this document.
g) Protect ion, as well as enhancement
where practicable, of Delta water
quality, while providing adequate
future supplies for all segments of the
state, should be requ ired.
h) Standards balancing the protection
of all beneficial uses of Bay-Delta
waters, including water flowing into
or exported from the Delta, must be
adopted by the SWRCB and enforced
Item #3 Page 57 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
to protect the environmental health of
the Bay-Delta system. Pollution from
point and non-point sou rces into the
Bay and Delta shall be controlled as
string ently as p racti cab le.
i) Programs and fac iliti es to assure safe
drinking wate r for importing region s
d ependent on the Delta shou ld be
supported.
j) The SWRCB sho uld assure continu ed
m o nitoring for contaminants in the
Delta.
VIII. FLOOD MANAGEMENT
1. Cal Cities believes that ou r cit izens have a
reasona ble expec tation that their federal,
sta t e, and local governments will work to
protect them from flooding.
2. Cal Cities believes that fl ood protect ion
and manag em ent is a statewide issue,
invo lving flood infra structur e issues
related to levees, urban/suburban/rural
creeks, strea m s and rivers, and alluvial
fans.
3. Cal Cities believes that it is import ant
to recognize that levee failures in the
Sacrame nto- San Joaquin River Delta have
wate r quality, water supp ly, and economic
impacts that may have statewide effects
beyond t he loca l or regional levee brea k
situa tio n.
4. Flood control issues require cooperative
planning, eva lu ation, and so lution s
that utili ze a reg iona l and statewide
perspective, such as the state IRWMP
process .
5. In assessing problems and propo sing
soluti ons, it is important to consid er t he
differences between infill deve lopment
and new, green field developme nt.
6. The publi c safety and health of California
citizens and the economic h ealth of
Dec. 13,2 022
California communities and our sta te
depen d upon good fl ood protect ion.
This includes the potentially devastating
impa cts of fl oods on homes and
businesses.
7. Cal Citi es supports effo rts to impro ve
communication, cooperation, and better
coordinated plannin g between d ifferent
government agencies involved in flood
manag ement . Cal Citi es believes that
there must be a genuine partn ersh ip
between sta te and loca l agen cies in
addressing f lood contro l issues.
8. Cal Cities believes cities must ask t he right
questi ons and have t he mean s to obta in
accurate informat ion prior to approving
d eve lopmen t in floodp lains. Th is involves
ed ucating elect ed off icials and staff
about whether their city is located in
a floodp lain, the loca l flood control
infrastru ctu re, the agenc ies that are
responsible for providing flood protection,
the stat us of levees and othe r stru ctures
t hat provide f lood protect ion, eme rg en cy
respon se, and evacuation prot ocols, and
how their city would be impacted by
flooding.
9. Cal Cities believes that city offic ials shou ld
understand that a 700-year flood zone
d oes not mean a low, once-in-700-years
risk of flooding. The d esignation actual ly
m eans that there is a 7% chan ce of
fl oodi ng in any given yea r. This tra nslat es
to a 26% cha nce of flood ing over the life of
a typical 30-year mortgage.
10.Cal Cities support s a 200-year flood
standard for cities in t he Sacramento-San
Joaq uin and Central Valleys.
11. Cal Cities generally endo rses the
recommendations of the state's Flood
Control Task Force, espec ially those
recommendations involved in updat ing
c~mt1 ss · ~Sl8 ioM.eil9 1 21
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
the CEQA Checklist and General Plan
Guidelines and building codes.
12.The state, Army Corps of Engineers
(ACOE), and Federa l Emergency
Management Agency (FEMA) sho uld
work col labo ratively with state and local
governments rega rdin g flood issues.
IX. GROUNDWATER
1. The SWRCB, t hroug h the regulatory
process of its regional boards, should
ensure the highest possib le quality and
safety of groundwater by preventing
contamination from point and non-point
sources, especial ly for usable water .
2. Loca l dril ling, seali ng and abandonment
ordinances for water suppl y and
monitoring wells fo r the protection of
groundwater and public health should be
supported.
3. The pri ncipl e that local entit ies within
groundwater basins (i.e., cities, counties,
specia l districts, and th e regiona l
water quality cont ro l boards) workin g
cooperat ively should be responsible
for and involved in developing and
implemen t ing basin-wide groundwater,
basin management plans should be
supported. The plans sho uld incl ude,
but not be limited to: a) protecting
groundwater quality; b) identifying
mean s to correct groundwater
ove rdraft; c) implement ing better
irrigation techniques; d) increasing
water reclamation and reuse; and e)
refining water conservation and other
management practices.
4 . An active state and federa l role in clean ing
up contam inated grou ndwate r basins
should be supported.
5. State and federa l involvement, if
requested, in developing groundwater
28 I ~ tPf1E§2..2www.calcities.org
management plans shou ld include
tec hn ical assistance for defining the
character istics of groundwater resources.
6 . Financia l assistance from state and
federal governments should be made
availabl e to requesting loca l agencies
to deve lop and implement their
groundwater mana gement plans.
7. Planned ,joint use of surface and
g roundwate r and the development
of incentives for such conjunctive use
fo r increased efficiency should be
enco uraged .
8 . Early development of a cost-s haring
formu la among all benefi ciaries to fund
groundwater rep lenishment projects
shou ld be supported.
9. The importation of addit iona l
supplementa l water, consistent with
Sectio n VI Conveyance Systems, as one
means of elimi natin g grou ndwater
overdraft in the criti cally overd rafted
basins should be suppo rted.
X. FISH AND WILDLIFE
1. Protection, maintenance, and resto ration
of fish and wild life habita t s, resources,
and thei r beneficia l uses, including
recreational and commercial uses,
should be supported. Whe re feasib le,
enhancem ent offish and wildlife habitats
should be provided.
2. Water projects shall mitigate adverse
impacts on fish and wild life resources.
Mitigation measur es sha ll be on-
site, if feasible; otherwise, as close
as practicable to the area of adverse
impact. Where practicable, such projects
should incorporate programs designed
to elimin ate unn ecessary ba rrie rs or
impediments to f ish migratio n, stabi lize
areas of streamba n k erosion, increas e
Item #3 Page 59 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINE S
spawn ing and rearing habitat for fish, and
maintain riparian vegetatio n for cover and
tempe rature contro l.
3. Protection and restoration of documented
fish habitats shou ld be supported.
XI. DRAINAGE
1. Agricultural Drainage
a) Finding long-t erm, economica lly
feasib le, and environm entall y
sustainable solutions to agricultural
drainage problems is essent ial and in
t he publ ic interest. Solution s must be
safe and environmental ly acceptable in
order to protect:
» Viabi lity of agricultural lands;
» Rivers, estua ries, and grou ndwater
from potential degradat ion from
agricult ural drainage; and
» Water quality for public
consump t ion . Drainage of
agricultural lands must be part
of current and fut ure agric ultural
water projec t planni ng and
implementa t ion.
b) Both state and federa l fu ndin g
should be prov ided to investigate: a)
furt her improvement in irri gation and
drainage management 'p ractices and
conservation; b) evaporat ion ponds; c)
deep-well injection; and d) desalination
and other treat m ent techno log ies.
An equitable cost-sharing formul a for
implementing soluti ons t o existing and
future d rainage problems shal l include
sta te and federa l governments and
irrig ation project beneficia ries.
3. Other (Run-Off)
a) Find ing safe and environ m entally
acceptable soluti ons to problems
caused by run -off from non- point
Dec. 13,2022
sources is essential and in the publ ic
interest.
b) Sim ilarly, finding safe and
environmen t ally accep tab le so lutions
to othe r drainage and run -off
prob lems, suc h as those caused by
mining, da irying, and forest practices,
is essential and in the public interest.
c) Equitab le cost-s haring among
appropriate public and private bodies
for implementing sol uti ons to urban
and ot her run -off problems shou ld
occ ur.
XII. RECREATION
1. Water development projects should
minimize adverse impacts to existing
recreational uses and prov id e new
recreational opport unities w here feasible.
2. Th e state and federal governments and
the recreational users sho uld bear the
rec reat ion al development costs of water
proj ects.
3. Operatio n and mainte nance costs
of recreat iona l facil ities developed in
conjunction w ith wat er projects shou ld be
provid ed from on-s ite user fees and other
appl icable sources. Other costs incurred
as a result of these recreational act ivities,
such as law enforcement and eme rgency
rescue, shou ld receive appropria te
assistance from state and federa l sou rces.
XIII. NEW TECHNOLOGY
Development of new techno logy in water use,
reuse, desa lination, detoxification, and so forth
is encou raged. This shou ld be primarily funded
by the federa l and state governments. Pub lic
private partnerships in this researc h also shou ld
be encou raged. A hig h priority sho uld be give n to
the protect ion of pub lic health. New techno logy
shoul d be evaluated based on sound science.
cAteantBs · ~400 ioM.6 flg I 29
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
XIV. FINANCIAL CONSIDERATIONS
1. It is recognized that:
a) The development and operation of
water supp ly, water conveyance, flood
control and stormwater management,
water storage, and wastewater
treatment facilities is frequent ly
beyond the capability of loca l areas to
finance;
b) Since most facilit ies have widesp read
benefits, it has become traditiona l for
federa l, state, and local governments to
share their costs; and
c) It is necessary that such sharing
be continued and that different
instit utional arrangements including
cost-sharing formulas among
all beneficiaries, pub lic-priva t e
partnerships, and user fees should be
explored.
d) The requiring agency (whether it be
state, federa l, or otherwise) should pay
for the features of projects or programs
that are required by that agency.
e) Cal Cities supports legislation t o
prov ide funding for stormwater ,
water, and wastewater programs,
including a constitutiona l amendment
or legis lation w hich would place
stormwater fees in the category
of wate r and wastewater fees for
the purposes of Proposition 218
compliance.
f) Any agency that regu lates water w ith
regard to local governments needs to
be involved in the appropriate city with
regard to how the city w ill pay for the
new regulatory burden imposed by the
agency.
30 I ~ ih1f§2.2 www.calcities.org
Appendix A
State Water Resources Control Board Water
Quality Improvement Init iative (2008)
1. Water Quality Improvement Initiative Item
#l (WQI l): Cal Cities supports applying the
10% rule "One Per Region Basis"
2. WQI 2: Cal Cities supports staggering the
regional water board terms
3. WQI 3: Cal Cities has no recommendation
on reducing the size of the regional water
board from nine members to seven, with
t he exception that at least one person
on the regional board should have local
government exper ience.
4 . WQ I 4: Cal Cities supports delegating
permitting authority to t he regional water
board execut ive officer and that the
exec utive officer shou ld take his or her
direct ion from the State Water Resources
Contro l Board {SWRCB).
5. WQI 5: Cal Cities is opposed to regional
water board's having full- t ime chairs.
6. WQI 6: Cal Cities is opposed to the
creation of a statew ide council of full
time regional water board cha irs. (Note:
Water Discharge Subcommittee members
believe that it may be helpful to combine
a number of reg iona l boards into larger
regional boards to address areas that
are simi lar (e.g., Los Ange les and Orange
County). A large regional board could
bring more consistency to basin plan
management. Any inconsistencies
between the reg ional boards should be
addressed by the st ate Board.)
7. WQI 7: Cal Cities supports the
imp lementat ion of biennial priority
sett ing based on the Strategic Plan, with
six-month updates by the regional water
boards.
Item #3 Page 61 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
8. WQI 8: Cal Cities is opposed to allowing the
SWRCB to make the TMD L environmental
process subject to NEPA instead of CEQA.
9. WQI 9: Cal Cities supports requiring a
TMDL to be affirmatively approved by the
State Water Board or upon petition.
10. WQI 10: Cal Cities supports requiring the
regional water board to cons ider costs of
TMDL compl iance.
11. WQI 11: Cal Cities supports authorizing
the SWRCB to make changes to TMDLs,
rather than remanding these decis ions
back to the regional water boards (Note:
Subcommittee members believe that this
pol icy should be tied into WQl#9).
12. WQI 12: Cal Cities has no position on
conf irmation of reg ional water board
conflict of interest rules with the Political
Reform Act - (Note: the Subcommittee
asked for a legal opinion. The question is:
"What are the current conflict of interest
rules pursuant to AB 1234?" Staff and
members believe that this provision is
similar to what already exists for other
state boards [example: Waste Board].)
13. WQI 13: Cal Cities has no pos ition on
the estab lishment of civi l penalties for
fraudulent information with regard to
reporting by permitees.
14. WQI 14: Cal Cities is genera lly opposed
to any removal of notice and hearing
requirements prior to the SWRCB referring
a case to the State Attorney General for
additional action.
15. WQI 15: Cal Cities has no recommendation
on the additional authorization of district
and city attorneys to pursue civil violations
(for cities over 750,000 in populat ion).
16. WQI 16: Cal Cities believes the state should
limit the number of mandatory minimum
penalties (M MP) to one violation, and the
Dec. 13, 2022
population limit to qualify under the MMP
law as a small , disadvantaged community
for a single missing report shou ld move
from 10,0000 to 50,000 (in accordance
with federal law).
17. WQI 17: Cal Cit ies has no recommendation
on early payment of MMP violations.
18. WQI 18: Cal Cities supports the enhanced
ability of the Regional Water Boards
to administratively enforce state
Underground Storage Tank (UST)
Requirements.
19. WQI 19: Cal Cities supports enhanced
oversight of UST testers.
20. WQI 20: Cal Cities supports moving the
SWRCB Enforcement Report deadline to
July l.
21. WQI 21: Cal Cities supports the SWRCB
developing and implementing
performance measures
22. WQI 22: Cal Cities supports improved data
management systems for the SWRCB.
23. WQI 23: Cal Cities generally has no
recommendation on the standardization
of NPDES permits and believes that this
issue should be worked out with the
individual regional water boards.
24. WQI 24: Cal Cities generally has no
recommendation regarding the update of
SWRCB Strategic Plan.
25. WQI 25: Cal Cities supports SWRCB
conducted training of reg ional water
boards, provided the SWRCB both
conducts the training and sets consistent
standards statew ide.
0te.1111ra: s · ~l\::ofeioo: g 1 31
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Appendix B
GLOSSARY
■ Affordable: A word used increasing ly to express
concern whethe r recipients of wate r wil l be
able to meet the cost. Whether peop le view
water as affordabl e will depend on many
factors.
■ Agricultural Drainage : Usually refers to
insta lled drains to permi t remova l of wate r
which accu mul ates withi n a plant root zone.
May be essential to maintain a favorab le
salt balance for plant growth. May conta in
selenium , salinity, pesticides, herb icides, etc.
■ Area and County of Origin Protections : Refers
to legislat ive provisions for protecting water
rights of these areas.
■ Area of Origin Law: App lies to a watershed
or area whe rein wate r originates, or an area
immediate ly adjacent t hereto w hich can be
convenie nt ly supp lied with wate r t herefrom.
Because this law was enacted as part of t he
Central Valley Project Act, it appli es to t he
Sacrame nto River watershed . The Burn s-Porter
Act subsequent ly defined the Sacramen to
San Joaquin Delta to be part of the wate rshed
of the Sacrament o River. Gives area of origin
preferentia l rights rega rding opera tion of
federa l Central Valley Project and to contract
fo r State Water Project wate r and to certain
rights to construct projects or make diversions,
provided use is reasonab le and beneficial.
(Californ ia Water Code Sections 11128, 11460-
11463).
■ County of Origin Law: Prohibits State Water
Resources Contro l Boa rd from t he assignment
of rights which will depr ive a cou nty in which
the wate r origi nates of suc h water necessary
for the deve lopment of the county. {California
Water Code Sectio n 70505).
32 I ~ ~?r,1i?§l2.2www.ca lcit ies.o rg
■ Delta Protection Act: Establishes that an
adeq uate supply of water in the Delta is
necessary to t he peace, health , safety, and
welfare of the peop le of the state, except that
delivery of such water is subj ect to County
of Origin and Area of Origin laws. (Californ ia
Water Code Sect ions 72200-72220).
■ California Wild and Scenic Rivers Act and
Federal Wild and Scenic Rivers Act: Estab lish
certain rivers or sect ions of rivers to be
preserved in t heir free-flowing condition. The
California law (Californi a Public Resou rces Code
Sections 5093.50-5093.65) allows domes t ic
water diversion for residents of count ies
through which the river flows, provided t here
is no adverse effec t upon t he free-flowing
characte r of the river. California law finds
that the f ree-flowi ng st ate of such rivers is
a reasonab le and beneficia l use w ithin the
meaning of t he state constit ut ion.
■ Atmospheric Deposition: The transfer of
pol lutants suspe nded in the air to t he eart h's
surface. Pollutants move directly from the
atmosphere into water bodies through
precipit ation, falling particles, or the abso rpt ion
of gases into water. They also may be deposited
over land and transpo rted to water bodies via
runoff. Atmosphe ric deposit ion is believed to
be a sig nificant source of various pollutants to
many water bod ies.
■ Basin Plan: The Regio nal Water Quality
Control Plan ado pted by a regiona l water
qua lity control board for that board's area of
responsibi lity in California. (See Cal. Water
Code Section 13240). The basin plan esta blishes
water quality standa rds, uses, and other criteria
for surface and grou nd waters.
■ Best Management Practices (BMPs): Methods,
measures, or practices designed and selecte d
to reduce or eliminate the discha rge of
pollutants to surface waters from point
and non point source discharges, includ ing
urban runoff. BMPs includ e structur al and
Item #3 Page 63 of 101
ENV IRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
nonstructural controls, and operation and
maintenance procedu res, which can be
app lied before, during, and/or after pollution
producing activities.
• California Toxics Rule (CTR): A federa l rule
adopted by the U.S. EPA on May 19, 2000, which
estab lished numeric criteria for various priority
pollutan t s for California. The rule can be fou nd
at 65 Federa l Register 31682-31719, and was
codified in the Code of Federa l Regu lations at
40 CFR 137.38.
• Characteristics of Groundwater Resource:
Include qua lity, quantity, rate of renewa l, and
yield.
• Clean Water Act (CWA): A comp rehensive
water qua lity statute (33 USC 1241 et seq.). The
CWA was fi rst adopted by Congress in 7972 and
later amended in 1987 to apply to stormwater/
urban runoff. The CWA was designed to restore
and maintain the chemical, physical, and
biological integrity of the nation's waters to
support "the protec t ion and propagation of
fish, she llfish, and wild life and recreation in and
on t he water."
• Coliform: A group of related bacteria that
are genera lly benign to humans. They are
natural and common inhabitants of the soil
and ambient waters (e.g., lakes, rivers, and
estuaries), as well as the gastrointestina l trac ts
of anima ls.
• Compensation: Full rep lacement for
unavoidab le fish and wildlife resource losses
in terms of habitat area and long-te rm
renewab ility of the qua lity and quan t ity of
such resources. In the interest of clarificat ion,
compensation does not mean monetary
payment as a substit ute for rep lacement of
resources losses.'
• Conjunctive Use of Surface and Groundwater:
Planned joint use of surface and g roundwa ter.
This usua lly invo lves maximiz ing the use of
surface water in wet years (with m inimum
Dec. 13, 2022
groundwate r pumping) and using any surp lus
surface water to recharge grou ndwater, and
in dry years augmenting surface supplies by
draw ing on the stored groundwater.
• Conservation: Fish and wild life resource loss
prevention, mitigation, and compensation.
• Conservation (of Water): Means efficient use
of water. Also means reduc ing water losses or
eliminating waste; storing water for water use;
preserving water qua lity.
• Contamination: An impairment of the quali ty
of the waters of the state by waste to a degree
t hat creates a hazard to t he public healt h
through poisoning or through the spread of
disease. (California Water Code Section 73050)
(See "Pollution").
• Contamination Sources:
» Point Discharge: Source is identifiab le, as
from a pipe or drain ditch.
» Non-Point Discharge: Sources are more
diff use and not easi ly identified with
well-defined out lets; includes runoff from
ag ricu ltural or forested land, gene ral
urban runoff, except whe re collected in
ident ifiab le drains.
» Cross-Media Pollution: The contribution
or "flux" of pollution from one
environmenta l medium to another. (For
instance, the transfer of pol lutants from
the atmosphere to water.)
• Davis-Grunskv Bond: This leg islation
estab lished a bond fund to faci litate the
f inancing of projects in counties with limited
f inancial resources.
• Demand/Need: "Demand" usua lly refers to a
statement of wate r requirements that may
be projecte d on the basis of past water use
prac t ices. In contrast, "need" is intended to
refer to water that is truly needed to satisfy a
purpose if water is efficient ly utilized.
c.1te,:rrnss · ~ 614ieiM.e ag I 33
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Delta: Refers to the Sacramento -San Joaquin
Delta. 700,000 acres of islands, waterways,
levees, and lands into which the natura l runoff
flows from the Sacramento, San Joaquin,
Mokelumne, and Consumnes river systems
before either being exported or entering the
San Francisco Bay and then, the Pacific Ocean.
■ Desalination: A process designed to treat
brackish or seawater to make it useful for
potable or non-potab le use.
■ Enhancement: Development or improvement
offish and wi ldlife resource values of the area
affected by a project beyond that wh ich wou ld
occur without t he project.
■ Enterococcus: A non-co liform bacter ia group
used as an indicator of the presence of fecal
material in d rinking and recreat iona l waters.
USEPA believes that enterococci have a
better corre lation w ith swimming-associa ted
gastrointest inal illness in both marine and
freshwaters than coliform organisms, and "die
off" more slowly in saltwater.
■ Environmentally Safe: Not a prec ise techn ical
term but used to mean actions that have litt le
or no adve rse impact.
• Economically Sound/Feasible: Not a prec ise
technical term, but one t hat refers to a balance
of costs and benefits. Former ly emphasis
was placed on calculating benefit-cost ratios.
Uncertainties and possib le abuses in such
calculat ions have raised q uestio ns concerning
the usefulness of such calculatio ns. Prob lems
include what types of benefits to involve, as
well as what costs to involve. Many, including
environme ntally-re lated benefits and costs,
cannot be adequate ly qua ntified.
■ Fish and Wildlife Issues: See Compensat ion,
Conservation, Enha ncement, Fish and Wildl ife
resources, lnstream uses, Loss prevent ion
measures, Mitigation, Preservation, Protection,
and Restoratio n.
34 I ~ C£Pf1f§22 www.calcit ies.org
■ Fish and Wildlife Resources: Birds, mamma ls,
fishes, amphibians, repti les, invertebrate
anima ls, endangered, threatened or rate native
plants, the ir habitat area, and all types of
aquatic and land vegetation and other factors
of the envi ronment upon which resources are
depe ndent. (See Fish and Game Code Sect ion
45 for the definit ion of fish).
■ Flood Irrigation: Used to describe what is
more appropriate ly called basin and border
irrigation in which land prepared as basins or
land bordered by sma ll levees is irriga ted with
relatively large streams of water.
• Groundwater Management: The process of
contro lling the extraction of groundwater and/
or planned recha rge to manage the supply
and/or quantity of groundwate r. Object ives
of groundwater management may incl ude
minimizing (or prevent ing) adverse effects
such as groundwater overdraft or quality
deg radation. (Also see conjunctive use and
wate r management pract ices).
■ Groundwater Overdraft: Where, over a period
of ti m e, groundwate r extractio n exceeds
natura l or artifi cial recharge.
■ Indicator Bacteria: Bacte ria that are used to
assess the microbiological quality of water
because, although not typica lly disease
causing t hemselves, they may ind icate the
presence of several waterborne disease
causing organisms. The concent ration of
indicator bacteria is used as a measure of water
safety for body contact and for consumption of
water.
■ In-stream Uses: Include fish, wild life,
recreation, aesthetics, hydropowe r production,
dilution of contamination, waste discharge,
and sediment transport.
■ Local Entities: Includes cities, counties, water
d istricts, joint powe rs, etc .
■ Loss Prevention Measures: Designing and
imp lementing measures to avoid immediate
Item #3 Page 65 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
and long-term impacts to fish and wildlife
resources.'
■ Maximum Extent Practicable (MEP): The
vague ly defined standard set forth in the CWA
to be included in Municipa l NPDES Permits
to be compl ied w ith by municipa l dischargers
in order to reduce the discharge of pollutants
from their municipa l separate storm sewer
systems. CWA Section 1342 (p)(3)(B)(iii) requ ires
that perm its for discharges from municipal
storm sewers "shall require cont rols to reduce
the discharge of pol lutants to the maximum
extent practicab le, including management
pract ices, control techniques and systems,
design and engineering methods, and such
other provisions as the Administrator or the
State determines appropriate for the control of
such pollutants.''
■ Mitigation: Measures to lessen or reduce
adverse effects on fish and wild life resou rces
throug h the use of structural and non
structural loss prevention measures in project
design and operations. (See CEQA Guidelines
Section 15370)1 NEPA regu lations have a
fun ctio nally similar definition. NEPA definition
include s restoration as a mitigation measure,
however.
■ National Pollutant Discharge Elimination
System (NPDES): The program for issuing,
modifying, revoking, and reissuing,
terminating, monitori ng, and enforcing
wastewater and stormwat er discharge permits,
and imposing and enforcing pretreatment
requirements under CWA.
■ Non-Point Source Discharge: Pollution caused
by rainfall or snowme lt moving over and
through the ground. As the water moves, it
picks up and conveys natural and human
made pollutants, depositing them into
water bodies and groundwater. Atmospheric
deposition and hydromodification are also
non point sources of pollution.
Dec. 13, 2022
■ Numeric Limits: Numeric or numerica lly
expressed narrat ive rest rictions on the
quantity, discharge rate, concentration, or
tox icity units of a pollutant or pollutants that
may be discharged from an NPDES permitted
location or outfa ll.
■ Pathogens: Disease-causi ng bact eria, viruses,
and protozoans that are transmitted to peop le
when they consu me contaminated water.
■ Pollution: An alteration of the quality of the
waters of the state by waste to a degree
which unreasonab ly affects: (1) such waters
for beneficial uses, or (2) faci liti es that serve
such benef icial uses. Pollution may include
contamination. (California Water Code Sect ion
13050: Please see "Contaminat ion").
■ Porter-Cologne Water Quality Control Act
(Porter-Cologne): The California equiva lent of
the federa l Clean Water Act. This legislat ion
esta blish ed that the State Water Resources
Contro l Board (State Water Board) has t he
ultimate authority over state water rig hts,
water quality policy , and the nine regiona l
wate r quality contro l boards (regiona l water
boards) which oversee water quality on a day
to- day basis in their geographic regions.
■ Preservation: Maintenan ce and protect ion of
fish and w ildl ife resources at levels that existed
prio r to the commencement of a (the current)
project. Preservation is achieved through
mitigat ion for avoidable resource losses and/or
compensation for unavoidab le resource losses
and/or compensation for unavoidable resource
losses. The term "preservation" is syno nymou s
with "conservation" as used in the U.S. Fish and
Wi ldlife Coordination Act. Preservation does
not assume that restoration will occur, but it
cou ld.
■ Project Beneficiaries: Those who gain value
in some fashion from any of the following:
water supply, flood contro l, power generat ion,
recreation, salinity repulsion, wild life.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
• Protection : Department of Fish and Game
appears to use this t erm when referri ng to legal
enfo rcemen t by wardens. (See Preservation
and Conservation).
• Real Water Savings: Simp ly mean s there is an
"actual" savings of water that could be put to
other use.
• Reasonable and Beneficial: Depe nds on the
facts and circumstances of each case. What
is a beneficia l use at one time may, because
of changed condi t ions, become a waste of
water at a later time. (Tulare Irrigation District
v. Lindsay-Strathmore Irrigati on District). The
courts have determined the law requires an
evaluation of the ascertai nabl e facts in view
of the increasing need for water conservation
within Californ ia.
• Benef icial uses include: storing water
underg rou nd if thereafter to be applied to
beneficia l purposes; use of water for recreat ion
and preservat ion and enha nceme nt offish and
wildlife resources.
■ Reclaimed Water: Wastewater that has
been cleaned so that it can be used for most
purposes except drinking.
• Recycled Water : Municipal and/or industria l
wastewater that has been t reate d to a
suffi cien tly high level that it can be reused
usually for non-p otab le purpo ses such as
irrigating landscape and refilling aquifers.
• Restoration : Means to return to "original"
cond iti ons. (Selection or "original " or base
conditio n is often source of deba te.)
• Reverse Flows: Where the direction offlow in a
cha nnel is reversed, as in the case of channels
in Sout h Delta which normal ly drain towa rds
San Francisco Bay, but where pumping for
export m ay cause flow reversal, drawing more
saline water further into the Delta.
• Sediment Transport: Sedim ent of various
particl e sizes may be carried by moving wate r.
36 I ~ ~~1~§2.2www.calcit ies.org
The size of particl es t ranspor ted by wate r
increases as velocity rises.
• Stormwater: Water that accumu lates on land
as a result of storms and can include runoff
from urban areas such as roads and roofs.
• Surplus Water : When used as a tec hnical
term in water cont racts, this is the water
that is available after entitlement water has
been delivered. The amount of surp lus water
varies from year to year, genera lly accord ing
to amount of runoff. Surplu s water ordinarily
is less expe nsive to the user than entit leme nt
wate r. Reference is also made to water w hich
is surplu s to reasona ble and beneficial uses of
area of origin and Bay/Delta.
• System Expansion: Extension of existing
infrast ructure exclusively to serve new
customers in present ly unserved areas and/
or increase in water supply exclus ively for the
same purp ose.
• Total Maximum Daily Load (TMDL): A
calculati on of t he maximum amount of a
pollutant t hat an impaired water body can
receive and still meet app licable water qua lity
standa rds. A TMDL is to include allocat ions
for the maximum load a part icul ar source of a
pollutant may discharg e to the subj ect water
body. TMD Ls are requir ed pursuant to Sect ion
7373(d) of the CWA for water bodies t hat have
first been listed as being impair ed for the
particu lar pollutant or pollutants at issue.
• Triennial Review: A review of water qua lity
standa rds in basin plans that is requi red at
least once every three years by Section 7373(c)
(7) of the CWA and periodically unde r Section
13240 of t he Porter-Cologne Water Qual ity
Cont rol Act.
• Ultimate : Im precise meaning. Depends on
time frame.
• Usable Groundwater : Refers to groundwater
that can be pumped within the cost and
Item #3 Page 67 of 101
ENVIRONMENTAL QUALITY : CALIFORNIA WATER GUIDELINES
technical constraint s appropriate to the
situation.
• Water Banking: Not a precise term. Generally
refer s to storing presen tly surp lus water in
groundwater basins or in surface storage
faci lities .
• Water Management Practices: Relate to t he
varied objec tives of irrigation, mun icipal and
indust rial use. These objec tives m ay not be
compat ible. In genera l, managem ent practi ces
are developed to m aximize economic returns
and/or to minimiz e (or prevent) adverse
environmenta l impa cts including wate r
quality degradation . Conservat ion of supply,
reuse, treatm ent for use and waste dispo sal,
and the plann ed conjunct ion use of surface
and ground wate r are all aspects of wate r
managem ent. (Also see Conjunctiv e use and
Groundwater management).
• Water Quality Standards and Objectives: The
reg iona l wate r quality board s set "objectives"
in t heir basin planni ng process which are
equivalent to what EPA calls "standards." The
"standards" include num erica l narrative criter ia
and plans to implement these criteria.
• Water Reclamation: Usually refers to removing
conta minants in water so that the water
can be discharged into a receiving water
witho ut creating problems fo r fish, wi ldlife,
and other aspects of environmen t. Also, refers
to water whic h has been treated to rem ove
conta min ants as requ ired to permit its reuse,
particularly for irrigation of landscaped or
ag ricultura l areas.
• Way Bill (Program): Delta Levee Maintenance
Program. Declares the Sacramento-San
Joaquin Delta, character ized by islands and
meandering waterways, as a un iqu e resou rce
of majo r statewide signific ance. Reasons are
stated. Declares t he system of levees is the
key to preserving t he phys ical cha racterist ics
of the Delt a. Find s there is an urgent need for
a higher degree of levee maintenan ce and
Dec. 13,2022
rehabilitation throughout the Delta and 'that
the state has an interest in providing techn ical
and f inancial assistance. Establishes that local
agencies maintaining non-project (private)
levees shall be eligibl e for reimbursement from
the General Fund. Reimbursement shall be at
50% of cost. (Californ ia Water Code Sectio ns
12980 -12991).
• 303(d) List of Impaired Waterbodies: The St ate
is required to prepare a list of water bod ies that
are pollut ed, under Section 303(d) of the CWA.
Inclusion of a water body on t he 303(d) list
general ly leads to the development of a total
m axim um daily load (TMDL) for the wate r body.
Prepared by Robert M. Hagan , Extension Water Specialist, Marcia Kreith, Program Representat ive, Unive rsity of California Cooperative Extensi on, July 7987 and Ken Farfsing, City Manager , City of Signal Hill, October 2009.
Sources:
Some of t he preceding definit ions were derived
from the followi ng sources:
» California Wetlands Information Syste m
Website: Porter-Cologne Act
» Los Angeles MS4 Permit: Basi n plan , best
m anagement pract ices, maximum extent
practicable, NPD ES permit
» RWA: Cross-media pol lution
» Southern Californi a Coasta l Waters
Research Project (SCCWRP) Website:
Atmospheric depos ition
>> State Wate r Boa rd Website: Numer ic
Limit s, Triennial Review,
» U.S. EPA Website: Californ ia Toxics Rule,
Clean Water Act, colifo rm, enterococcus,
TMDLs
» U.S. Geo logical Servi ce (USGS) Website:
Ind icator bacteria, pathogens
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
SCOPE OF RESPONSIBILITY
The Committee on Governance, Transparency,
and Labor Relations (GTLR) reviews state
legislation as it relates to transparency ,
technology (open data) , healthcare, elections ,
and political reform . Additionally, the committee
oversees pension and workers compensation
reform as well as other labor (employer/employee)
related issues.
Summary of Existing Policy and
Guiding Principles
Labor Relations
Cal Cities supports legis lation that specifica lly
exemp ts loca l public agencies from the
requiremen t to negotiate with any labo r or special
interest group about matters subm itted to the
vote rs ofthatjurisd iction as initiatives or Charter
amendments .
Cal Cities supports efforts to promote, init iate and
improve both public and private sector labor
management relations.
Cal Cities opposes any system of compu lsory
and binding interest arb itration, including
st ate manda tes and the imposition of bind ing
arbitration through the initiative process. No
arbitra tor boa rd or other private person shou ld
have any contro l, direct or indirect, over local
budgets, revenues, or approp riations.
Cal Cities opposes any legislative action t hat
requires the continuation of t he terms of any
Memorandum of Understand ing (MOU) between a
38 I ~ ii3v1i§2.2www.ca lcit ies.org
public agency and an em ployee organ ization until
a successor MOU is agreed upon.
Cal Cities opposes any extension of the State
Public Employment Relations Board jurisdiction
over loca l public agency labor relations disputes
and charges of unfair labor practices, and also
opposes any interference or intervention in local
collective bargain ing by all labor-management
relations counci ls or boards.
Cal Cities opposes state-mandated legislation
related to employer/emp loyee relat ions that are
not mutua lly agreed upon by the local public
agency and its employee organ izations, except as
provided by local law.
Public Sector Pensions, Compensation and
Other Post-Employment Benefits (OPEBs)
Pension Sustainability Principles
Publ ic compensation systems programs shou ld be
sustainab le, fair to taxpayers and employees, and
provide long-term financial stabi lity.
Cal Cities believes that solutions towards realizing
pensio n system sustainabi lity shou ld be the resu lt
of inclusive st akeho lder collaborat ion at both t he
Item #3 Page 69 of 101
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
loca l and state level (retirees, emp loyees, employers, Cal PERS).
Cal Cities supports lega l or legislat ive remedies that facilitate options to restore sustainab ility to Cal PERS benefit plans. As appropriate to each city, such
actions could include one or more of t he following:
■ A sing le benefit level for every employee.
■ Converting all current ly deemed "Classic"
employees to the same provisions (benefits and
employee contributions) curre ntly in place for
"PEPRA" employees for all future years of service.
■ Temporary modifi cat ions to ret iree Cost
of Living Adjustments (COLA) that are
automatica lly added to a retiree's pension
benefit payment regard less of compensation
level or CPI.
Cal Cities supports expa nded flexibi lity for cities
regarding their contract agreements with Cal PERS,
which cou ld include add it iona l mechanisms
for exiting Cal PERS and renegotiat ing UAL
amortization terms.
Cal Cities supports a cha nge in state law or judicia l precedent to allow employers to negot iate plan
changes with classic Cal PERS members.
Cal Cities supports legis lative solutions to address
increasing costs associated with Industria l Disab ility Retir ement (IDR).
General Pension Principles
Cal Cities supports balanced measures that ensure
sustainab le retirem ent and health care ben efits are
offered to public agency emp loyees whi le at the
same t ime ensuring that pub lic agencies have solid
retirement benefits to attract and reta in high ly
talented employees. Cal Cities supports locally
negotiated reti rement programs that are f iscally
respon sible, transparent, sustainab le, affordab le,
and equitab le for employees and for taxpayers in
the long-term.
Cal Cities supports reasonab le measures to
ensure that ret irement benefits are proper ly
funded allowing flexibi lity to loca l agencies to
Dec. 13,2 022
nego t iate equitab le cost-sharing with employees
and smoothing the employers' costs du ring
chal lenging economic times. Cal Cities supports
the long -term sustainab ility of retiree hea lth
benef its by includ ing their costs in employer/
employee costs shari ng formulas .
Cal Cities recognizes and supports the value of
a dependable, sustai nable, em ployer-provided
defined benefit plan for career employees;
supp lemented with other employee-only funded
retirement options, including persona l savings
such as a 457 Plan. Cal Cities supports further
exploration of defined contr ibution options as part
of futu re pens ion refo rm discussions.
Cal Cities supports pension portab ility across all
public agencies to sustain a competent cadre of
California public servants.
Cal Cities supports calculating benefits only on
core components ; specia l pays such as temporary
upgrade of out of class pay shou ld be eliminated
from fina l compensat ion calcu lations.
Cal Cities supports meeting any retirement needs
for part-time emp loyees with alternat ives to a
defined benefit plan.
Cal Cities supports emp loyee be nefits (including,
but not limited to, ret irement and disabi lity) and
des ires to ensure t hat income derived from such
sources is non-dup licative.
Cal Cities opposes preemption of charter city
authority over public pension systems.
Cal Cities supports reducing pu blic retirement
benef it fraud and increasing transparency of other
post-emp loyment benefits.
Cal Cities supports fu ll part icipation in the
PERS Coalition (PERS/PAC) and its purpose
of monitoring legislation, policies. and action
necessary to mainta in or further the interests of
con t racting agencies.
Cal Cities believes t hat cities wit h retirement
programs must retain the abi lity to opt out of
Social Security.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Cal Cities believes that the employee benefit
structure within local government shou ld be
developed locally through the local government
collective bargaining process and that process
should be strict ly honored by the state Legislature
and the Governor.
CalPERS (California Public Employees'
Retirement System)
Ca/PERS Divestm ents Policy
Divestment in industries that may run contrary
to environmenta l or other broad policy goals as
an investment strategy can present chal lenging
conflicts for Cal PERS in balancing cu rrent affairs
against its fiduciary duty to maximiz e retirem ent
investments . Cal Cities supports Cal PERS' priority
to its members as stated in the State Constitution
Article 16, Section 17, "[a] retirement board's duty
to its participants and their beneficia ries shall take precedence over any other duty."
Cal Cities supports responsible investme nt
st rategies that balance the sho rt- and long
term abi lity of Cal PERS to meet its financia l
commitments to its m em bers.
Any divestment policy must be well-vetted
and must include the opportunity to identify
alternative revenue sources consistent with the
intend ed impact of the divestment and Cal PERS'
fiduciary responsibilities outlined above.
Cal Cities supports Cal PERS proxy access efforts to
affect change from within businesses Cal PERS has
invested in to ensure they are well managed for
sustained, responsible , long-term success.
Cal Cities supports an exemption for retir ed
Cal PERS employees, allowing them to work for
Cal PERS agency under cont ract or appointment
by the local agency.
Cal Cities supports agencies having the maximum
amount of flexibility when employing and
compensating part-time, seasonal, and temporary
em ployees (i.e. lifeguards, seasonal maintenance
workers, recreation leaders, summer camp
40 I ~L £~1~22 www.c al citi es.org
leaders, and other temporary hires, etc.) to include
elim inating the ma ndate that Cal PERS retirement
benefits must be prov ided when the part-time,
seasona l, or temporary employee works 1,000
hours in a f iscal year given the costs associated
with the CalPERS retirement plan.
Further, Cal Cities supports providing Cal PERS
w ith information regarding enrolled members
whi le eliminat ing the requirement to provide
information regarding employees who are not
members of Cal PERS. Cal Cities also encou rages
agencies to support long-term part-time/seasonal
employees by prov iding proportiona l ret irement
benefits via appropr iate mechanisms.
Cal Cities supports having Cal PERS provide
a broader range of form ula choices classes
with maximum local contro l and flexibi lity in
negotiating all options.
Cal Cities supports having Cal PERS provide a
broader range of health plan choices with a
variety of benefit options for all types of m ember
classes with maximum local contro l and flexibi lity
in nego t iat ing all benefit options with active
employees and for retirees.
Cal Cities supports legislation t hat allows agencies
to offer a varie ty of different health care plans
to retired employees that provides adequate,
affordab le coverage.
Cal Cities supports legis lation permitting cities
to estab lish their contr ibu tions toward retiree
health premiums through the labor relati ons
negotia ti ng process, including: (a) multi-tiered
contr ibution levels; (b) vesting eligibi lity other
than PERS retirement eligibility; (c) prorated
con t rib uti on based on age and/or length of
service; and (d) different contributions for active
and retired employees.
When discussing pension policy, the total cost of
the pension benefit shou ld be consider ed. In cost
share arrangements, Cal Cities supports shared
emp loyee/emp loyer costs based on t he tota l cost
of the pens ion benefit.
Item #3 Page 71 of 101
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
Cal Cities supports providing loca l governments
with maximum flexibility and options. Local
agencies must be able to decide on issues such as
minimum retirement ages, pension caps, cost
sharing, formu las, and other option s to meet local
needs and promote ease of admi nistratio n.
Cal Cities suppo rts giving government agencies
through the collective bargaining process
the option to extend retirement ages for
miscellaneous emp loyees up to socia l security
retirement ages.
Cal Cities supports eliminating the requirement
that any negotiated changes in pension benefits
under the Public Employees' Retirement Law
(PERL) are voted on twice by the affec ted
employees.
Cal Cities supports a State Constitut ional
Amendment to allow employers to negotiate plan
changes with classic Cal PERS members.
Cal Cities supports restructuring the Cal PERS
Board of Administration to substant ially increase
in independent public members (preferably
w ith financia l expertise) to ensure greater
representation of taxpayer interests with rega rd to
public pension decisions.
Cal Cities supports setting uniform standa rds and
definitions for disability benefits and evaluating
the level of benefit that is considered as tax
exempt. The tax-exempt portion should either be
eliminated or allowed on a proportional basis to
the severity of the disabi lity.
If the above reforms prove unfeasib le or ineffective,
Cal Cities supports consider ing a standard public
employee pension system where one benefit level
is offered to every emp loyee as a further option to
restore sustainabi lity to Cal PERS.
Cal Cities supports develop ing a program with the
state to ensure that pension programs offered by
localities are ful ly transparent and that professiona l actuaria l evaluations of unfunded compon ents
Dec. 13,2022
of other post-retireme nt benefits (OPEBs) and
pension plans are comp leted.
Compensation Principles
Employee compensation shou ld be based on each
individual agency's overall phi losophy on emp loyee
compensation as well as the agency's abi lity to pay
and provide services to their community. Cal Cities
recognizes that sound compensation practices
are based on the complexity of the job and the
community , as well as the job requirements and
the know ledge, skil ls, and abilities needed to meet
those requirements.
Cal Cities believes that employee compensation
should be based on job requirements, the
complexity of both the makeup of the city
organizatio n and community, the leadership
needed, labor market conditions, ethica l
conside rations of what is just and fair, and the
organization's abi lity to pay.
Public compensation systems programs shou ld be
sustainab le, fair to taxpayers and employees, and
prov ide long-term financial stab ility.
Transparency of compensation and other benefits
ensures the public is informed about the f iscal
realities local agencies face as they relate to fisca l obligations.
Cal Cities opposes legislation that would requi re
emp loyers to pay more than the regula r pay for
work on family holidays.
Workers' Compensation
Cal Cities supports legislation and policy that
contro ls escalating workers compensation costs to
public agencies and taxpayers.
Cal Cities opposes legislation that wou ld permit
an employee to use more than one legal process
in rega rd to disabi lity claims (i.e., ADA, workers'
compensation, DFEH), or any other erosion of the
"exclusive remedy" princip le as it relates to disabi lity claims covered under workers' compensation.
ctte~ 111as · vP.sge::aR:il>fel~lg I 41
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Cal Cities supports reforming the worke rs
compensat ion process to incentivize employees
returning to work creating a pena lty for those
that do not return to available modified duty or
alternate positions.
Other Employer and Employee
Related Issues
Cal Cities supports efforts to conform the Californ ia
Fami ly Care Leave Laws to the federa l Family and
Medica l Leave Act (FMLA) laws.
Cal Cities supports the special protection of
elected offic ials, county public defenders, public
figures, and public employees acting in their
official capacity against threats of death or serious
bod ily injury.
Cal Cities opposes legislation making it a
misdemeanor to disclose peace officer personnel
records and citizen complaint records, as well as
prohibiting the use of documents or info rm ation
obta ined in violat ion of this procedure in any
administrative proceeding against a peace officer,
and any measure that makes it more difficult to
discipline the misconduct of police officers.
Cal Cities supports maintaining the confidentiality
of personnel matters and protecting public
safety personne l discipl ine records from public
disclosure.
Cal Cities opposes the mandated inclusio n of
governmenta l entities for Occupationa l Safety
and Health Agency (OSHA) violations without
appropriate compensation for the mandates.
Cal Cities supports legislation to protect the
authority of city employers to request that an
applicant disclose information or use for hiring
decisions information concerning a felony
conviction.
Cal Cities supports the establishment of a state
program similar to that of the federa l AmeriCorps
prog ram that would allow cities and other local
agencies to host service members.
42 I ~ ih,e§2..2www .calcitie s.org
Cal Cities opposes legislation that wou ld allow
employment applicants to bring action against the
agency for taking into consideration their status as
a current or former public employee.
Cal Cities supports contro llin g the overal l costs of healthcare through community-wide actions.
Cal Cities opposes requiring public agencies to
continue employer contributions for health care
coverage for employees who, during the duration
of a strike, fall below the minimum hours worked
to qua lify for employee health care coverage.
Cal Cities opposes legis lation that would interfere
with a city's ability to maintain a safe workplace.
Cal Cities is committed to ensuring employees
have access to, and are educated in, sexual
harassment prevention training and supports the
State of California's product ion of uniform training
materials to be used to educate emp loyees
on the prevention of sexual harassment in the
workp lace. As employees move from agency to
agency or between public and private employers,
it is important that they have a uniform training
standard related to sexual harassment prevention.
Transparency
Public trust and confidence in government are
essentia l to the vitality of a democratic system and
are the reason ethics laws hold public officials to
high standards.
Laws alone cannot foresee or prevent all
actions that might dimin ish the public's trust in
governmental institutions. Transparency laws
impose t he min imum standards of conduct; to
preserve public trust, public officials should aspire
to conduct that exceeds minimum standards.
State revisions to laws govern ing loca l agency
transpa rency and ethics should address material
and documented inadequacies in those laws and
have a reasonable relationship to resolving those
problems.
Item #3 Page 73 of 101
GOVERNANCE , TRANSPARENCY, AND LABOR RELATIONS
In order to enco urage and facilitate comp liance
with new transparency and ethics requi rem ents,
state laws should be interna lly consistent, avoid
redundancy and be mindfu l of the practical
cha llenges associated with implementatio n.
State officia ls and agencies should aspire to
conform to the same level of transparency and
ethical behavior as is imposed on local officia ls and
agencies.
Open Meeting Law (Ralph M. Brown
Act) and Open Access to Public Records
(California Public Records Act)
Cal Cities supports legislation that recognizes the
need to conduct the publ ic's business in public.
To thi s end, Cal Cities suppo rted and was a co
sponsor of the origina l Ralph M. Brown Act and
suppor ts legislation that confo rms to the intent
of the Act. Cal Cities also suppor ts the regu lation
of the state and othe r public agencies to ensure
conformance to the principles of the open
meetings provision in the Ralph M. Brown Act.
Cal Cities opposes legislation claiming to enhance
open and public meetings that in practice
unnecessarily comp licates the ability of a loca l
governing body to proper ly commu nicate with
the public and that discou rages commu nications
am ong governing body members t hrough
unproductive restrictions and inappr opriate
activities.
Cal Cities opposes legislation that wou ld impose
further unnecessary restrictions on t he acti on that
a governing body can take in closed sessions.
Cal Cities supports leg islation that recog nizes the
realities of other const raint s under which a local
governing body must ope rate that necessit ates
judicious use of closed sessions, including :
■ The privacy rights g ranted to ind ividua ls under
the U.S. and California constitu t ions.
■ The personnel issues that have a potential
impact on an indiv idua l's career and potentia l
Dec. 13,2022
earni ng capacity and that raise serious liab ility
q uestio ns for a local j urisd ictio n.
■ The protection of the taxpayer's interests over
property and ot her acquis itions by a public
agency.
■ The proper maintenance of the same atto rney-
client privilege enjoyed by the private sector.
Cal Cities suppo rts legis lation that includes less
than-a -quorum adviso ry committees w it hin the
definition of "legislative body" as defined in the
Ralph M. Brown Act, if the comm ittee is composed
solely of members of the legis lative body whose
subject matter juris d iction has cumu latively lasted
two years or less.
Cal Cit ies suppor ts alternative methods of meeting
public notice requirements and enhancing them
through the use of cost-effective, innovat ive, and
techno logy-friend ly methods of commun icat ion.
Political Reform Act of 1974 {PRA)
Cal Cities supports legis latio n and regulations that
estab lish sound practices and princip les related to
political campaigns. Regu lations and legislat ion
that restr ict or preempt loca l aut hority will be
opposed.
Cal Cities shou ld cont inue to exp lore opportun it ies to improve and stream line the Politica l Reform Act
and its impl ementatio n throug h regu lat ions.
Cal Cities supports an increase in the fee for the
reproduction of stateme nts required under the
Politica l Reform Act from ten cent s ($0.10) per
page to twenty-five cen ts ($0.25) per page.
Cal Cities opposes legislatio n that would prohib it
the use of public resou rces to commence an
action to enjoin the operation of any law or
const itu tiona l amendment that was proposed by
initiative petition and approved by the vote rs.
Cal Cities supports legis latio n providing the FPPC
w it h the authority to issue opi nions to gu ide local officia ls in und erstanding confl ict of interest laws, includin g Governme nt Code Section 1090.
c ..wea11#8S · ~e:a'l4 itiM.6tg I 43
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Governance and Ethics
Cal Cities suppo rts legis lation that strengthens the
ethics laws related to the Board of Administration
(Board) for the California Pub lic Emp loyees'
Retirement System (Cal PERS) inclu d ing banning
the ability for former Board members to do
business with Cal PERS.
Cal Cities believes that a statute of limitati ons
for bribe ry shou ld not begin until the act is
discovered. Cal Cities also believes t hat in cases
of conspiracy to commit a felony, the statute of
limitations should be the same as the statute of
limitations for t he under lying crime.
Elections
Cal Cities supports legislation that reduces any
unnecessary and costly procedures for conducting
a municipal election. Cal Cit ies opposes legislatio n
that mandates cost ly and unnecessary procedures
related to the election process.
Cal Cities opposes state-mandated conso lidated
elect ions as they lead to increased costs and move
local elections further down on the ballot even
though local outcomes have a direct impact on
voters themselves.
Cal Cities supports providing city counci ls more
flexibility to fill city counci l vacanc ies includi ng extend ing the appointment period to fi ll a vacancy.
Cal Cities supports mai l ballot elections.
Cal Cities supports the requirement t hat the intent
and text of a loca l ballot measure is to be fi led with the city clerk and published in a newspaper of
genera l circulation with a fi ling fee. With regard to any land use measure, Cal Cities supports allowing
the city counci l to refer it to the planning agency
for a report on the m easure's effects.
Cal Cities supports legislation that faci litates newly sworn citizen's voter registration .
Cal Cities supports permitt ing elect ions officials to admin ister voter information electron ically so long
as such a process remained voluntary to voters.
44 I ~ll:~1~22 www.calcit ies.org
Cal Cities opposes any legislation or regu lation
that wou ld prohibit legal action from being fi led
by any perso n(s) cha llenging the validity of the
initiative petition or ord inance after the date of the election.
California Voting Rights Act (CVRA)
Cal Cities supports a process that wou ld allow a
city presented with an allegation of a vio lation of
the California Voter Rights Act (CVRA) to address
the allegation before any person may file a lawsuit
related to the alleged vio lation.
Cal Cities supports authorizing cities to convert
from an at-large to a by-district election system
using·an ordinance process, thus avoiding possible
Californ ia Voting Rights (CVRA) lawsuits and costs
associated with gaining voter approval at the ballot.
Cal Cit ies supports modifying t he California Voting
Rights Act (CVRA) to provide cities more flexibi lity
to remedy a potentia l CVRA lawsuit by converting
to a rank-choice voti ng (RCV) method.
Recall Elections
Cal Cities supports legislation that maintains the
integr ity of the recall process.
Cal Cities supports legislation that reduces
the amount of recall abuse while improving,
streamlin ing, and ensuring that t he public has fu ll
knowledge of the issues.
Elected Officials
Cal Cities recognizes that elected and appo inted
officials receive threats and have become
the target of vio lence at their homes. The
unauthorized publication of home addresses
or telephone numbers in newspapers or simi lar
periodicals, like publications on the Internet, is
a threat to the secur ity of public officia ls in the ir homes . Cal Cities supports legislation to extend
or provide protection to elected and appointed
officia ls from the unauthorized publication of
their home addresses or telephone numbers in
newspapers or sim ilar periodica ls.
Item #3 Page 75 of 101
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
Cal Cities supports requiring both elected local and
state officials to maintain their place of residence in the jurisdiction they were elected to represent.
Candidate s running for elected office w ith young
children often face the pract ical reality of paying
for increased chi ldcare to campaign and network
when run ning for office . Cal Cities supports
increasing diversity of elected officia ls at all levels and supports the use of campaign funds to pay
for childcare expenses resulting from a candidate
or offic eholder engaging in campaign activities or
performing official duties.
Legal Issues
Attorney-Client Privilege
Cal Cities recognizes the special role of pub lic
agency attorneys in protecting the public interest,
whi le at the same t ime maintaining appropriate
and crit ical attorney-client confidentia lity. The
basis for this posit ion is the belief that it is the
public agency that is the public agency attorney's
client , not an individual public official. Thus, Cal
Cities supports leg islation that permits public
agency attorneys to breach attorney- client
conf identiality to disclose only very serious
wrongdoings where internal corrective measures
have failed or are futi le; the disclosure is made to
narrowly circumscribe regulatory agencies and the
public agen cy attorney follows specific procedures.
Government Liability and Tort Reform
Cal Cities support s legislat ion that limits the
exposure of local governments to lawsuits related
to liability, including, but not limited to such
areas as unimproved natura l conditions, design
immunity, hazardou s recreational activities, and
injuries due to wild anima ls in public places. Cal
Cities opposes legislation that wou ld undu ly
expose cities to increased liabi lity and cost.
Cal Cities support s modifications to the joint
liabil ity laws that requir e the responsible parties
in a civi l action to pay on ly their fair share of
judgm ent based on their relative responsibi lity.
Dec. 13,2 022
Private Sector Liability
Cal Cities will work closely with private sector
representatives to evaluate the potential for Cal
Cities' support of civil justice reform measur es
designed to improve the business climate in
California . These measures shou ld be evaluated
on a case-by-case basis through Cal Cities' policy
process.
Cal Cities supports legislation that enables cities
to better prosecute unfair compet ition cases
(Business and Professions Code 77200) in order
to protect consumers and their residents, and
that removes the 750,000 popu lation and District
Attorney approva l for city attorney action in this
area. Cal Cities opposes legislation that restricts
cit ies from pursuing unfair competition cases
beyond the restrictions in current law (2003).
Interest on Judgments
Cal Cities supports ensuring that pre-and post
judgment interest rates are fair to all parties,
including taxpaye rs, recogniz ing the impact on
public budget s.
Data and Privacy Protection
Cal Cities encourages cities to do everything in
their power to protect the privacy of employ ees
and const ituents. However, Cal Cities opposes
mandates that would require , in the event of a
security data breach , cities to provide identity theft prevention and mitigat ion services at no cost to
the impacted persons.
Note: Co/ Cities will review new legislatio n to determine how it rela tes to existing Col Cities polic ies and guiding principles. In addition, because this documen t is upda ted every two yea rs to incl ude policies and guiding principles adopted by Col Cities during the previous two years, there may be new, evolving policies under considerati on or adopted by Col Cities t hat ore not reflecte d in the current version of this d ocume nt. However, all policies adopted by Col Cities Boord of Directors or Col Cities Gene ral Assembly becom e Col Cities policy and are binding on Col Cities, rega rdless of when t hey ore adopted and whether they appea r in t he current version of"Su mmo ry of Existing Policies ond Guiding Principles ."
CM!effll#BS · ~~ii'1 6itiM.8iti I 45
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
SCOPE OF RESPONSIBILITY
The principle behind the policies reviewed by the
Committee on Housing, Community, and Economic
Development (HCED) is to foster local control of
community planning decisions as they relat e to
land use and economic development . The issues
within the purview of the HCED Committee include
general plans and zoning , housing affordability, rent control , subdivision map act, residential care facilities, other land use regulation , development fees including school fee adequacy, annexation and incorporation policy , development agreements , building standards including seismic safety standards, economic development policy including redevelopment and enterprise zones , military base closure and reuse , mobile home regulation, and sign regulation .
Summary of Existing Policy
and Guiding Principles
Planning And Zoning
General Plans
Cal Cities supports the use of the genera l plan as
a guide to meeting community planning needs.
A city's genera l plan shou ld gu ide the individual
city's land use planning and strategic decision
making. A city's general plan should not be subject
to mandatory review by regiona l or state agencies.
Gene ral plan requirements should be flexib le
and provide guidance to local comm unities
wit hout requiring inappropriate levels of detai l
or mandating new topics or elements. Cal Cities
suppo rts guidance by expert state agenc ies in
a consu ltat ion format but opposes grant ing
mandatory review, certification, or other approva l
authority to another level of government.
46 I ~ €-¥f1Eij22 www.ca lcities .org
Water Supply and Land Use Planning
Cal Cities supports having the best information
available on the reliability of water supplies when
land use decisions are made by loca l agencies
whi le protecting and reta ining local land use
decision-making authority.
Zoning
Cal Cities believes loca l zoning is a primary
function of cities and is an essentia l component
of home rule. The process of adoption,
impleme ntat ion, and enfo rcement of zoning
ordinances shou ld be open and fair to the
public and enhance the responsiveness of local
decision-makers. State policy shou ld leave loca l
siting and use decisions to the city and not
interfere wit h local prerogative beyond providing
a const itut ionally valid proced ure for adopti ng
loca l regu lations . State age ncy siting of faci lities, includi ng campuses and office bui ldings,
should be subject to local notice and hearing
requireme nts in order to meet concerns of the
Item #3 Page 77 of 101
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
local commun ity. Cal Cities opposes leg islatio n
that seeks to limit loca l authority over parking
requirements.
Housing Element
Housing issues should be addresse d in t he genera l
plan as other planning issues are. The housing
element shou ld be prepa red for the benefit of
loca l governments and shou ld have equal stat us
with the other elements of t he genera l plan.
The projections of reg iona l and local growth and
t he allocations of housing units shou ld account
for state and local planning factors and shou ld be
subject to a forma l hearing and appea l process
to ensure that they are realistic. Cities shou ld be
allowed to work together to allocate hou sing units
among themselves within a subregio n. Appea ls
shou ld be heard by political ly accou ntable officia ls at t he state and regio nal levels. Allocated housing
units are not a productio n requi rement as cities do
not construc t housing.
Cities shou ld focus the ir efforts on faci litating the production of below market -rate housing units.
Loca l government efforts shou ld be subject to
realistic performance sta ndards, not to arbitrary
state agency review of the housing element.
Local government housing efforts shoul d be
rewarded by incentives. These incentives shou ld
include strea mlining by not being subject to
the Department of Housing and Commun ity
Deve lopment review, priority ranking for
discretionary funds, and new discret ionary funds
available for genera l fund purposes.
Cal Cities supports and encourages l~g islation
that implements comp rehensive reform s to the
housing element process that:
■ Address conflicts between local growth
projectio ns and state regiona l housi ng need
numbers;
■ Resolve the prob lems associated with the
distribution of RH NA un its within a cou nci l of
governments;
Dec. 13, 2022
■ Achieve improvements to the hou sing eleme nt
review process;
■ Deve lop a neut ral dispute resolution process
and fair enfo rcement alternatives to deal with
disputes over questions of comp liance;
■ Requ ire state laws and policies which
affect housing and land use to be internally
consiste nt;
■ Estab lish additiona l legal protections for local
agencies that approve affo rdable housing
and that esta blish local pro -active affordable
hous ing policies; and
■ Authorize com mu nit ies that achieve
quantifiabl e affordab le housing production
levels to self-certify their hous ing elements
w ith out being subject to state review.
Housing Finance
Cal Cities supports legis lation and state and
fede ral programs that assist in providing
fin ancing for affordab le hous ing, includ ing the
deve lopmen t offiscal tools and in centives to assist
local governments in their effor ts to encourage
housing and finance the infrastructure to suppo rt
housing, as well as est ablishing an ongoing state
commitmen t for funding affordab le housing.
Cal Cities supports the re-establishment offedera l
tax incentives which were in effect prior to 7986
w hich encourage d private development and
owners hip of renta l housing.
Cal Cities suppo rts property tax assessment
policies t hat match loca l affordable housing
policies.
Economic Development
Job Creation, Retention, and Expansion
Cal Cities supports legislation that w ill provide
tangib le and productive tools and incentives to
support job creat ion and retent ion in housing
rich,jobs-poo r communities, such as the awarding
of direct grants to fund the deve lopment of
infras tru ctu re t hat results in the creat ion and
c..wem11tss · ~e:.j1 8itiea6ftl 1 47
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
retention of jobs; the eliminat ion of matching
dollar requirements for economic deve lopment
and infrastr uctu re state grants; the prov ision of
grant funding for infrastruc ture planning and
design and the creatio n of econom ic developmen t
stra tegies; and, allowing cities the maximum
flexibi lity in the use of state fun ds towa rd local
priori t ies that support job creation. Cal Cities
also encourages the state to adopt policies and
programs that estab lish a comp rehens ive solution
to the infrastructure and jobs/housjng needs of all
communities within the state.
Tax Increment Tools
Cal Cities sup ports the enactment and expans ion
of tax increment f inancing aut hority for economic
development, infrastructu re, and com munit y
revita lization, including the recent ly enac ted
Enhanced Infrast ructure Financing District Law
(EIFD), Community Revita lization and Investment
Authorities (CRIA), and Annexat ion Developm ent
Plans.
Cal Citi es supports the enac tment and expansion
of state tax incentives that assist city economic
deve lopment and commu nity revitalization effor ts.
Eminent Domain
Cal Cit ies supports the enact m ent of fair emine nt
domain refo rms that protect homeowners and
opposes proposa ls that wou ld crippl e the ability of
state and loca l agencies to m anage development.
Tenant Protections
Cal Cities sup ports prohibit ing landl ords from
discr iminating against tenants who use hous ing
assistance vouche rs issued under Sectio n 8 of the
United States Housing Act of1937 and other pub lic
assistance towards t heir rental payments.
Cal Cit ies also supports requir ing land lords that
seek to increase monthly rent greater than 10% to
provide tenants 90-day notice before the increase
takes effect.
48 I ~ l £~1~22 www.calciti es.org
Rent Control
Cal Cities opposes legislat ion that restricts the
abi lity of cit ies to enact rent contro l ordinances
for mob ile homes and stick-built housing
that are t ailored to meet local condit ions and
circumst ances.
Cal Cities opposes leg islation that would require
a city to adopt a mobile home rent cont rol
ord inance.
Subdivision Map Act
Cal Cities supports maximiz ing local contro l over
subd ivisions and pub lic improvement financing.
Discretion over t he condit ions and lengt h of
subd ivision and parce l maps shoul d be retained by
cities.
Residential Care Facilities
Cal Cities supports perm itting cities to exercise
review and land use regu lation of g roup home
fac ilities and residen t ial care faci liti es in residential neighbor hood s including the application of
zon ing, bu ilding, and safety standards. State and
county licensing agenci es shou ld be required
to confer with the city's planning agency in
determ ini ng whether to grant a license to a
communi ty care fac ility. Cal Cities recogn izes
that better review and regulation of residentia l
care faci lities wi ll protect both the commun ity
surround ing a facil ity and the resident s within
a facility from a poo rly managed faci lity or the
absence of state oversigh t.
Cal Cities supports state legis lation to requ ire a
minimum distance of 300 feet betwee n all new
and existi ng resident ial care facilities. Cal Cities
suppor ts notification of cities about cond iti ona l
release participants residing in group homes.
Development Fees
Cal Cities suppo rts provid ing local discretion
in the assessment, collection, and usage of
development fees. The state shou ld provide
infrastr uctu re fundi ng to help loca l commun iti es
Item #3 Page 79 of 101
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
meet California's growth demands and to increase
housing affo rdability. Cal Cities opposes limiting
the abi lity of cities to levy fees to provide for
infrastructure or services.
Cal Cities recognizes that school faci lities are a
component of a communi ty's infrastructure and
must be maintained to foster positive outcomes
for yout h and economic development. Cal Cities
supports maintaining city discretion over the
extent to which legis lative authority shou ld
be exercised to fu lly mitigate impacts from
development to the adequacy of school facilities.
Consistent w ith maintaining discretion, cities
should mainta in the abi lity to condition and deny
projects that the city determ ines inadequate ly
mitigate impacts to community schoo ls.
Cal Cities opposes the elimination of any
development fee or tax including excise taxes. Tax
shifts and init iative measures have severely limited
cities' abi lities to provide for community needs.
The state must ensure that cities have adequate
revenues for local infrastructure and services.
Annexation and Incorporation
Cal Cities supports strengthening city contro l over
urban boundaries. Sphere of Influence law shou ld
be modified to ban county deve lopment and to
allow cities to annex logica l growth. The Revenue
and Taxation Code should not allow counties to
block annexations in exchange for unreasonable
property tax sharing agreements. In addition,
cities sho uld have expanded authority over
adjacent lands outside of their sphere of influence
regardless of jurisdictiona l lines so long as the land is not within another city's sphere. Cities should
not be requ ired to incur costs for plann ing to meet
infrastructure needs of unincorporated areas or
leveraged to annex areas which would result in
unfunded costs.
Cal Cities supports faci litat ing the incorporation of cities that have met procedura l requi rements and
voter approva l. Cal Cities opposes efforts by the
Dec. 13,2 022
Legislature to disincorporate a city for any reason,
unless requested by the affected city.
Development Agreements
Cal Cities recognizes voluntary development
agreements as one too l for providing flex ibility in
development approva ls.
Building Standards
Cal Cities supports flexibility in the adoption and
implementation of health and safety standards
contained in the bui lding codes. Stat utes should
maximize loca l control over standards applying to
local conditions. Cal Cities opposes new standards
imposed by statute rather than regu lation.
Cal Cities opposes attempts to have multiple
state agencies develop specific or subject-re lated
bui lding standards. New bui lding standards should
be proposed through the California Standards
Comm ission.
Cal Cities supports authorizing cities to adop t
independent occupancy standards to prevent
overcrowd ing and associated health and safety
hazards, including fire-related fatalities.
Housing for Homeless
Housing and programs for home less and other
extreme ly low-income populations are necessary
to ensure quality of life and economic viabi lity for
all Californians .
Home lessness is a statew ide problem that
disproportionate ly impacts specific communities.
The st ate should make funding and ot her
resources, including enriched services and
outreach and case managers, available to help
assure that local governments have the capacity
to address the needs of the homeless in their
commun it ies, includ ing resources for regiona l
col laborations.
Home less housing is an issue that eludes
a statew ide, one-size-fits-all solution, and
collaboration between loca l jurisdictions shou ld be
encouraged .
C.4teffll#8S · ~~~6itiM.&:ti I 49
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
State and federal funding programs should be
designed to reflect responsibilities imposed by
state and fede ral law.
Military Base Closure and Reuse
Base Closures and Reuse
Cal Cities supports local decision-making over
mi litary base closure and reuse. The affected cities
independent ly or sub-regio nally shou ld work
together toward efficient reuse planning.
Economic Reuse
Cal Cities supports incentives for broad economic
reuse of closed military faci lities. Cities should
work on a regiona l and inters t ate basis to maintain
economic productivity. Economic reuse includes
both reuse of military facilities and t he retoo ling of related industries to continue to provide jobs for
residents of California's cities.
Mobile Home Regulation
Cal Cities supports initiatives that maintain cities
as the enforcemen t autho rity for mobile home
regu lation.
Cal Cities sup ports the preservation of existing
mobile home parks as an important source of
affordab le housing.
Sign Regulation
Cal Cities supports the authority of cities to
regu late bil lboards and ot her signage. Cal Cities
opposes mandato ry local abatement programs.
Principles for Smart Crowth
We/I-Planned New Growth
Recognize and preserve open space, watersheds,
environmental habitats, and agricu ltural land s,
whi le accommodating new growth in com pact
forms, in a manner that:
■ De-emphasizes automobile dependency;
■ Integrates the new growth into existing
communities;
so I ~ "=:~1e§2.2www.calcities.org
■ Creates a diversity of affordable housing near
employm ent cente rs; and
■ Provides job opportunities for people of all
ages and income levels.
Maximize Existing Infrastructure
Accommodate additiona l growth by first focusing
on the use and reuse of existing urbanized lands
supplied with infra structur e, with an emphasis on
reinvesting in the maintenance and rehabilitation
of existing infrastructure.
Support Vibrant City Centers
Give preference to the redevelopmen t and reuse of
city centers and existing transportation corridors
by supporting and encou raging:
■ Mixed-use development;
■ Housing opportunities for all income levels;
■ Safe, reliab le, and efficient multi-modal
transportation systems; and
■ Retaining existing businesses and promoting
new business opportunities that produce
qua lity local jobs.
Coordinated Planning for Regional Impacts
Coordinate planning with neighboring cit ies,
counties, and other governmental entities so that
there are agreed upo n regional strateg ies and
policies for dea ling with t he regional impacts of
growth on transportation, housing, schools, air,
water, wastewater, solid waste, natural resources,
agricultura l lands, and open space.
Support High-Quality Education and
School Facilities
Develop and maintain high-quality public
education and neighborhood-accessible schoo l
faci lities as a critical determinant in:
■ Making communities attractive to families;
■ Maintaining a desirable and livable community;
■ Promoting life-long learning opportunities;
• Enhancing economic development; and
Item #3 Page 81 of 101
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
■ Providing a workforce qualified to meet the
full range of job skills required in the future
economy.
Build Strong Communities
Support and embrace the development of
strong families and socia lly and ethnically diverse
communities, by:
■ Working to provide a balance of jobs and
housing within the community;
■ Avoiding the displacement of existing
residents;
■ Reducing commute times;
■ Promoting community involvement;
■ Enhancing public safety; and
■ Providing and supporting educational,
mentoring, and recreational oppo rtunities.
Emphasize Joint Use of Facilities
Emphasize the joint use of existing compatib le
public facilities operated by cities, schools,
cou nties, and state agencies, and take advantage
of opportun ities to form partne rships with private
businesse s and nonprofit agencies to maximize
the community ben efit of existing public and
private fac ilities.
Support Entrepreneurial/Creative Efforts
Support local economic development efforts and
endeavors to create new products, services, and
busines ses that will expand the wea lt h and job
opportunities for all social and economic levels.
Encourage Full Community Participation
Foster an open and inclus ive community dialogue
and promote alliances and partnerships to meet
community needs .
Establish a Secure Local Revenue Base
Support the estab lishment of a secure, balanced,
and discretionary loca l revenue base necessary
to provide the fu ll range of needed services and
quality land use decisions.
Dec. 13,2022
Residential Insurance Policy
Cal Cities believes homeowners should be insured
for the value of rebui lding a home to current
bui lding standards. Cal Cities supports measures
to increase transparency in insurance policies so
that homeowners can make informed decisions.
Cal Cities believes residents who have experienced
a wildfire or other nat ura l disaster are entitled
to fair residentia l prope rty insurance practices
that provide flexibi lity to rebui ld, including that
insured property owners shou ld not lose insurance
coverage during the rebuilding effort.
Cal Cities also believes residen tia l property
insurance policies should not be cance led based
on weather-related claims or immed iately
follow ing a disaster.
Note: Co/ Cities will review new legislation to determine how it relates to existing Cal Cities policies and guiding principles. In addition, because this document is updated every two years to include policies and guiding principles adopted by Cal Cities during the previous two years, there may be new, evolving policies under consideration or adopted by Cal Cities that are not reflected in the current version of this document. However, all policies adopted by Cal Cities Board of Directors or Cal Cities General Assembly become Cal Cities policy and are binding on Cal Cities, regardless of when they are adopted and whether they appear in the current version of "Summary of Existing Policies and Guiding Princip les."
~rt11111 s · ~kofeW:itg I s1
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
SCOPE OF RESPONSIBILITY
The Committee on Public Safety reviews federal
and state legislation and issues related to
law enforcement, fire and life safety policies,
emergency communications, emergency services,
disaster preparedness, Indian gaming, and
nuisance abatement .
Summary of Existing Policy and
Guiding Principles
Fire Services
Cal Cities supports the fire service miss ion of
saving lives and protecting property through fire
prevention, disaster preparedness, hazardous
materials mitigation, specia lized rescue, etc., as
well as cities' authority and discretion to provide all emergency services to their commun ities.
Cal Cities supports and strives to ensu re local
cont rol of emergency medica l services by
authorizing cities and fi re districts to prescribe and mon itor t he manner and scope of pre-hospital
emergency med ical services, including transport
through amb ulance services, all provided within
local boundar ies for the purpose of improving t he
level of pre-hosp ita l eme rgency med ical service.
Cal Cities support s legis lation to provide a
framework fo r a solution to the long-sta nd ing
confl ict between cities, cou nti es, the fi re service, and LEMSA's, parti cu larly by loca l advisory
commi ttees to review and approve the EMS plan
and to serve as an appea ls body. Confli cts over
EMS governa nce may be resolved if stakeholders
are able to part icipate in EMS system design and
evaluation and if comp laina nts are given a fair and
open hear ing.
52 I ~ ~Ai1g§l22 www.c alcities.org
Cal Cities supports stored pressure dry chemica l
fire extingu ishers to be serviced and recharged
every six years or afte r each use, w hichever occu rs
first. Add itionally, Cal Cities supports requir ing a
licensed technician to perform the annual externa l
mainte nance examinat ion of stored pressure d ry
chemica l fire extin guishe rs.
Cal Cities opposes leg islat ion, regu lations, and
standard s that impose minimum staff ing and
response tim e standa rds for city fire and EMS
services since such determinations shou ld reflect
the condit ions and priorities of ind ividual cit ies.
Cal Cities supports Emergency 911 systems to
ensure cities and coun ties are represented on
decisions affecting emergency response.
Cal Cities supports additio nal fund ing for local
agencies to recoup the costs associated with fire
safety in the communi ty and time ly mutua l aid
reimburseme nt for disaster response services in
other juri sdictions.
Cal Cities supports incentives for homeowners
who undertak e measures to "harde n t heir homes."
Emergency Services and Preparedness
Cal Cities suppor ts the 2-1-7 Californi a telephone
service as a non-emergency, human and
communit y services and disaster inform atio n
resource.
Item #3 Page 83 of 101
Cal Citi es supports "Good Samaritan" protections
that include both medica l and non-medical care
when applicab le to volunt eer emergency, law
enforcement, and disaster recovery personne l. Cal
Cities also suppo rts providing "Good Samar itan "
protections to businesses that voluntari ly place
automated externa l defibri llators (AEDs) on thei r
premises to reduce barriers to AED accessibility.
Emergency Communications Interoperability:
Cal Cities supports activ ities to deve lop and
impl ement statewide-integrated public
safety commu nication systems that faci litate
interoperability and other shared uses of the public
safety spect rum with local, state, and federal law
enforcement, fire, emergency medica l, and other
publ ic safety agencies.
Cal Cities supports a sing le, efficient, performance
based state department to be responsib le
for overseeing and coo rdinating emerge ncy
preparedness, response, recovery, and homeland
secu rity activities .
Cal Cities supports efforts to secure add itional
funding for local agencies to provide training
opportunit ies for appropr iate first responder
personnel to improve their ability to respond to
oil spil ls, fires, and other hazardous mater ials
accidents.
Cal Cities supports legis lation and add itiona l
state and federa l regu lation crafted to ensure
t hat f irst responders can perform their duties
during emergency response ope rations w ithout
interference from unmanned aerial syst ems, or
drones.
Cal Cities supports the aut horizat ion of cities to
approve and develop Commun ity Paramed icine or
Triage to Alternate Dest inati on programs for their
jurisdictions.
Cal Citi es opposes policies that lim it cities' abi lity to private ly contract for emergency medica l services.
Dec. 13, 2022
PUBLIC SAFETY
Law Enforcement
Cal Cities supports the prom otion of public safety
through:
■ Stiffer penalties for vio lent offenders, and
■ Protecting state Citizens' Option for Public
Safety (COPS) and federa l Commu nity Oriented
Police Services (COPS) funding and advocating
for addi tiona l funding for local agencies
to recoup t he costs of crime and increase
commun ity safety.
Cal Cities opposes booking fees and cont inues
to seek their repeal, while encouraging localities
to pursue resolution of the issues with their
respec tive counties.
Cal Cities supports a local government's ability to
double the fine for traff ic violations in school zones in an attempt to reduce the speed of drivers and
protect our youth.
Cal Cities supports reimbursement by the federal
government to local agencies, specifical ly cities, for the costs associated with incarcerating deportab le
crimina ls, including t he direct costs associated
w ith processing and book ing at the time of arrest.
Cal Cities supports policies t hat promote a victim's
right to seek restitution, create restrictions on the
early release of state inmates from incarceration
for the purpo se of alleviat ing overcrowding,
and limit parole hear ing oppor t unities for state
inmates serving a life sentence or paroled inmates
with a vio lation.
Cal Cities supports parolee search and seizure
terms, w hich aids local law enforcement's abi lity to
manage paroled offenders .
Cal Cities supports increased pena lties for met al
theft and recogn izes that statewide regu lation is
needed to discou rage "juri sdiction shopping." Cal
Cities also supports increased reco rd-keeping and
reporting requirements for junk dealers , including
the collect ion ofthumbpr ints from sellers.
cJte,.rrnBs · ~81t iCiM.eag I 53
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Cal Cities suppo rts acco untab ility on the part
of law enforcement agencies concern ing police
survei llance technology and policies, as well as
related oversight by loca l gove rning bodies, but
also strong ly supports limits on disclosu re of t he
fu ll capabilit ies of such techno logy to the ge neral public where such disclosure wou ld comprom ise
the effectiveness of the techno logy's law
enforcement applications.
Cal Cities suppo rts policies t hat require
state governmen t entit ies to notify local law
enforcement about known individua ls that are
prohibited from owning or possessing a f irearm .
Cal Cit ies suppo rts policies that authorize law
enforcement off icers to adm inister opioid
ant agon ist medications.
Cal Cities opposes policies that restrict law
enfo rcement age ncies from utilizing survei llance
techno logy tha t wou ld othe rwise enhance their
ability to prevent crimina l activi ty.
In addition to the mental health screen ing
provided by loca l hiring entit ies, Cal Citi es supports resou rces and educa ti on to support the menta l
health needs of local pub lic safety personnel.
Cal Cities recogn izes the need to establis h a peace
officer decert ification process t hrough POST.
Mental Health/Substance Use Disorder
Cal Cities suppor ts the promu lgation of poli cies
and the use of resources to increase collaborat ion
between fi rst responde rs and health agencies
for incide nts involving people living with menta l
illness or experie ncin g substance use d isorders.
Cal Cities supports resources for increased training
and education for first responders to serve
peop le living with menta l illness or experiencing
substance use diso rders, as well as increased
m ultidisciplinary collaboration.
Cal Cities supports transparency relating to
susta ined finding s of officer misconduct .
54 I ~ ~h1f§2.2 www.ca lcities.org
Cal Cities supports t ransparency and oversight
relating to crimina l investigations of officer
m iscond uct.
Cal Cities supports t he comp letion and disclosure
of findings relating t o officer misconduct desp ite
their voluntary separation from the employing
agency.
Police Use of Force
Cal Cit ies supports transparency on the part of law
enfo rceme nt agencies regarding agencies' pol icies
on the use of force.
Cal Cities supports the estab lishme nt of minimum
state sta ndards on use of force that must
be includ ed in all Califo rnia law enforcement
agencies' use of force policies.
Cal Cities supports basic training requirements
and guidelines for agenc ies and law enforcement
officers on use of force, including, but not limited
to train ing on the legal stan dards for use of force,
one's duty to intercede, implic it and explicit bias,
and alternatives to the use of dead ly force.
Cal Cities opposes m odifica tions t o the lega l
standard on use of force; to the extent, such
proposed changes elevate t he safety risk to law
enforcement officers. Specific proposa ls in this
area shou ld be careful ly reviewed so that the
impacts of any cha nges are fu lly understood.
Cal Cities opposes the limita tion of law
enforcemen t discretion to utilize less-letha l tools
for dispersing unruly or unlawfu l crowds.
Drones
Cal Cities supports polic ies that allow cities to
impose reasonable time , place, and manner
restrictions on the operat ion of drones in their
jurisdictio ns.
Cal Cities supports policies that aut horize loca l law enforce m ent to enforce state and loca l drone laws.
Cal Cities supports policies that promote the
availabi lity of infor m atio n on state and local
Item #3 Page 85 of 101
drone laws so that operators are aware of and
accoun t able to loca l rules.
Cal Cities supports local agencies' abi lity to enact
and enfo rce rules of genera l applicabi lity, such
as trespass, nuisance, or noise, in a manner that
addresses unsafe drone operations.
Cal Cities supports the promotion of t ransparency
to the public, and as tec hnology permits,
encourages loca l agencies to pursue the
development and use of real-time drone tracking
systems to ensure residents can look up the deta ils
of drones operating in a given area.
Cal Cities opposes state legislat ion or regu lati ons
that outright bans drones .
Cal Cities supports the est ablishment of
governmenta l immunity for loca l jurisdictions that
designa te drone recreational areas, which notify
the public that drones may be flying overhead, and
that persons enter these designated areas at t heir
own risk.
Fireworks
Cal Cities supports increased resources for loca l
enforcement of illega l fireworks and aggressive
interdiction efforts in col laboration with state
agencies.
Wildland-Urban Interface
Cal Cities supports activities to cooperate,
coordinate, and commun icate in the development
of better land use policies and wildl and fue l
management programs to decrease im pacts to
public health and safety resulting from wild land
urban interface fires.
Nuisance Abatement
Cal Cities supports enhanced local contro l over
public nuisances including , but not limi ted to:
• Adult entertainment faci lities;
• Problem alcohol establishments; and
• Properties where illegal drugs are sold.
Dec. 13,2022
PUBLIC SAFETY
Violence
Cal Cities supports the reduct ion of vio lence
thro ugh strategies that address gang violence,
domestic violence, youth access to too ls of
violence, including, but not limited to, firearms,
knives, etc., and those outlined in the California
Police Chiefs Policy Paper endorsed by Cal Cities
Board of Directors.
Cal Cities supports the use of loca l, state, and
federal collaborative prevention and intervention
methods to reduce youth and gang vio lence.
Indian Gaming
Cal Cities supports t he followi ng princ iples that are intende d to balance t ribal self-reliance with the
local government mandate to protect the public
health and safety.
• Require an Indian Tribe that plans to construct
or expand a casino or other related businesses
to seek review and approval of t he local
jurisdiction for such improvements consistent
with state law and local ordinances includ ing
the California Environmenta l Quality Act,
with the Triba l gove rn ment acting as the
lead agency and with judicia l review in the
Californ ia courts.
• Requi re mitiga t ion of off-rese rvation impacts
consisten t with environmenta l protection laws
that are at least as strin gent as those of the
surro und ing local community and CEQA.
• Requi re written agreements between tribes
and affected local agencies to ensure tribes
are subject to local authority related to t he
infrastructure needs and services out lined
above.
• Require adequate compensation from the
tribes to the local agency prov iding the
government services that are required by the
triba l casino or related businesses.
• Ensure compensation to loca l agencies
from the Special Distribution Fund fo r off-
c.N:E1?11tBs · ~816 ioH.e11g 1 55
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
reservation mitigat ion coup led wit h other
sources to ensure adequa te compe nsation.
■ Require a judicia lly enforceab le agreeme nt
between trib es and loca l jurisdiction s on all
of these issues before a new compact or an
exte nded compact may become effective.
■ Estab lish appropriate criteria and gu idelines to
address future compact negot iations.
■ The Governor should est ablish and follow
appropriate criteria to guide the discretion
of the Governor and the Legislature when
considering whether to consent to triba l
gaming on land s acquired in trust afte r
Octobe r 17, 1988 and governed by the Indian
Gaming Regulatory Act (25 U.S.C. § 2719).
Gaming
Cal Cities supports measures expand ing local
contro l over local gaming operations, including,
but not limited to, management of the hours
of operatio n and number of tab les in an
estab lishme nt, as an effective tool to en han ce
related loca l revenue streams. Cal Citi es opposes
a restriction on t hose same revenu e streams
measures that wou ld fu rther restrict such local
contro l, including, but not limited to, the extensio n of existing statewide gami ng moratoriums.
Alcohol
Cal Cities supports policies that limit t he ability
of min ors to engage in alcoho l consu mpt ion, and
limit youth access to alcoho lic beverages, so long
as related state-mandated programs or services
provide for full reimb urseme nt to all local agencies .
Cal Cities supports loca l policies that hold socia l
host s responsible for underage drinking tha t
occurs on property under their possession, contro l,
or authority.
Cal Cities supports additio nal penalties for repeat
driving under the infl uence (DUI) offenders
that include, but are not limited to, permanent
revocation of an indiv idual's driver's license.
56 I ~ ~~1e§2-2www.ca lcities.org
Cal Cit ies supports legislation and other
regu latio ns intended to improve local
governments' enforcement capabi lity against
alcoho l licensees t hat are in violation of state law
and local ord inances.
Cal Cities supports the ability of bars and
restaurants to operate expanded outdoor prem ises
with local and state approval.
Cal Cities supports t he sale of alcoho lic beverages
for off-sale consumption if the beverages are in
m anufacturer prepackaged conta iners with local
and state approva l.
Cannabis Regulation
Cal Cities rega rds as a vital interest t he
maint enance of loca l cont rol over medica l and
adult-use cannabis businesses and supports
mea sures that enhance and protect maximum
local reg ulatory, land use, and enforce m ent
authority in relation to such businesses.
Reaffirming that local control is paramount, Cal
Cities holds that cities must reta in the authority
to regulate all m edical and adult-use cannabis
businesses if the regulation relates to location,
operat ion, or estab lishme nt to best suit the needs
of the commun ity.
Cal Cities affir m s that revenue or other financial
benefits from creatin g a statewide tax structure on
m edica l canna bis sho uld be conside red only after
the public safety and health ramifications are ful ly
evaluated and add ressed.
While the value of cannabis as a physical or mental
health treatment option is uncertain, Cal Cities
recogn izes the need for proactive steps to m it igate
the pro liferat ion of un lawful medica l cannabis
businesses and other access points acti ng outside
state or local regu lation.
Cal Cities supports cannabis regu latio n only to
the deg ree that any such regu latory struct ure
preserves and upho lds loca l cont rol and the police
power of local governments pursuan t to Article XI,
Section 7 of t he California Constitut ion.
Item #3 Page 87 of 101
Cal Cities opposes policies tha t prohibit local
law enforcement from cooperating w ith federa l
authorities on investigations into matters invo lving
violations or other crimina l activity by cannab is
licensees, includ ing, but not lim ited to, money
launder ing, sales to minors, and diversion.
Graffiti
Cal Cities endo rses the "Tag You Lose" anti
graff it i campa ign and encourages other cities to
implement this program into the ir existing anti
graff it i program s.
Cal Cities supports increased autho rity and
resources devoted to cities for abatement of
graff it i and other acts of public vandalism.
Sex Offender Management
Cal Cities supports policies that wi ll assist loca l
law enforcement wit h the comprehensive and
collaborative management of sex offende rs,
including tools for tracki ng the locat ion of sex
offende rs with in loca l j urisd ict ions, so long
as state-mandated prog rams provide for fu ll
reimbur sement to all loca l agenc ies.
Corrections
Cal Cities supports constit utional protections for
state-funded corrections realignment programs,
so long as it includes fun ding for local police
departme nt needs. Cal Cities also supports
increasing city representation and participation in
the Communi ty Correctio ns Partne rships, which
are charged with deve loping local correct ions
plans.
Firearms
Cal Cities recogn izes that menta l illness and
firearm s form a dangerous combination that
threatens public safety. Consequent ly, Cal Cities
supports policies t hat restrict persons with menta l
health disorders from possessing or owning a
firearm. Cal Cities supports policies that ultimat ely
allow such persons to petition for retrieval of thei r
f irearm s.
Dec. 13,2022
PUBLIC SAFETY
Cal Cities supports local law enfo rcement agencies
retaining t he discretion to issue a concea led car ry
weapon permit, and thereby opposes policies that
mandate the issuance of such permits.
Cal Cities supports the honoring of Gun Violence
Restrain ing Orders (GVROs) that are issued by
other states .
Miscellaneous
Cal Cities opposes reductions to city author ity
to regu late need le and syringe accessibility and
exchange programs.
Cal Cities asks any company manufacturing or
marketing or plan ning t o manufacture or market
colored-tread tires in California to volu ntari ly
abandon such a product line and t hereby prevent
the public safety, environmenta l and social
prob lems t hese tires can potent ially cause.
Cal Cities warns those individua ls who advocate
or perpetuate hate, not to test the cities' resolve
to oppose them, as each city is encouraged to
vigorous ly pursue a course of an investigation,
apprehens ion, prosecution , conviction, and
incarceration of all those who partic ipate in hate
crimes.
Note : Ca/ Cities will review new legislation to determine how it relates to existing Cal Cities policies and guiding principles. In addition, because this document is updated every two years to include policies and guiding principles adopted by Cal Cities during the previous two years, there may be new, evolving policies under consideration or adopted by Cal Cities that are not reflected in the current version of this document. However, all policies adopted by Col Cities Board of Directors or Cal Cities General Assembly become Col Cities policy and are binding on Col Cities, regardless of when they ore adopted and whether they appear in the current version of "Summary of Existing Policies and Guiding Principles."
c~mllB s · ~818 ioM.6ilg I 57
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Revenue and Taxation
SCOPE OF RESPONSIBILITY
The Committ ee on Revenue and Taxation reviews
issues related to finance administration, taxation
reform , revenue needs, and revenue sources at
the federal, state, and local levels.
Summary of Existing Policy and
Guiding Principles
Cities and Cal Cities
Preamble
Inherent in these recommendat ions is t he
underlying principle that meaningful fisca l
refo rm shou ld allow each level of government to
adequately finance its service responsibi lities, with
each being accountable to taxpayers for its own
programs.
Efficiency
Cities and Cal Cities should con tinue to emphasize
efficiency and effectiveness, encourag ing, and
assisting cities to achieve the best possible use of
city resources.
Authority and Accountability
Cities must loca lly achieve political authority
and accountab ility for revenues raised and
services prov ided. For accountability, revenues
should be logical ly linked to traditional and
emerging responsibi lities. Cities must effective ly
communicate the good news about city programs
and operations, as well as information concerning
financial conditions and city responsibi lities.
58 I ~ i;PV1e§2.2 www.ca lcities.org
, Jo J1
Alliances
Cities should seek alliances with counties,
schoo ls, ot her cities, employee organizations,
other local agencies, business, and professiona l
organ izations, and nonprof it organ izations to
support cooperation, sound financia l policies, and
joint act ion.
Initiative
Cities and Cal Cities are prepared to use the
statewide initiative process, if necessary, to
secure fisca l independence and a sound
intergovernmenta l financia l structure. Initiative
efforts shou ld, to the extent feasible, incorporate
and, in no case violate, the principles deve loped by
the Fiscal Reform Task Force as follows:
■ Cities require a greater share of the property
tax and other reliable, discretionary revenues in
order to finance local services to property.
■ Cities require constitutional protection of their
revenue sources in orde r to provide insurance
against diversio n by the state of these revenues
in the future for non-municipal purposes.
■ Major reforms in the unfunded mandate
reimbursement process shou ld be enacted to
make it more workable and meaningfu l.
Item #3 Page 89 of 101
Legislature or the Voters
Local Authority and Accountability
To preserve loca l authority and acco unta bility for
cities, state policies must:
■ Ensure the integrity of existing city revenue
sources for all cities, including the city share
and situs allocation, where applicab le, of
property tax, sales tax, vehicle license fees, etc.
• Ensure the integrity of city revenue sources by
providing fraud deterrence and enforcement
too ls that improve the col lection of public
funds.
■ Protect t he authority of local governments to
collect revenues from telecommun ications
providers and ensure that any futu re changes
are revenue neutra l for local governments.
■ Oppose any state or federal legis lation that
would pre-empt or threaten local taxation
autho rity includ ing, but not limited to, Utility
User's Taxes.
■ Allow every level of government to enjoy
budgetary indepe ndence from programs and
costs imposed by other levels of government.
■ Authorize a simple majority of the voters in
a city or county to estab lish local priorities,
including the right to increase taxes or issue
general obligation bonds.
■ Offer incentives to reward cities achieving
program goals, rather than withho ld or reduce
revenues to accomp lish targets.
State Legislative and Budget Reforms.
To stabilize state funding and programs and
reverse the trend of the state's reliance on loca l
revenues to solve the state's fiscal crises, the state
should implement fisca l and legis lative reforms
which may include for consideration the following:
■ A two-year spend ing plan with the first session
focused on expenditures over the period.
■ Oversight hearings that review programs for
savings, duplication, or gaps in services.
Dec. 13, 2022
REVENUE AND TAXATION
■ Lim its on the number of bills that legi slators
may introduce.
■ A prudent reserve fund.
■ Officia l records kept of all Assemb ly and Senate
official meetings.
■ A balanced deficit reduction approach, which
could include temporary revenue increases
dedicated solely to retiring short-term debt,
spending cuts, short-term borrowing, and
multi-year spending limitations.
■ Long-term restructuring measures, including
increased local government property tax
shares to create balanced growth and separate
budget detail of all state expenditures at the
local level.
State Mandates
The state must provide full and prompt .
reimbursement to all local agencies for all state
mandated programs and/or infractions and losses
associated with local revenue shifts.
Local agencies must be authorized to petition
the Commission on State Mandates immediately
after legislation is chap tered for determ ination of
elig ibility for reimbursement and reserve the right
to direct ly pursue court intervention without an
administrative appea ls process.
Reforms are needed in the mandate approval and
reimbursement process.
The state shou ld be prohibited from deferri ng
mandate payments.
Unless specifica lly requested by a city, no new
duties, responsibi lities, or obligations shou ld be
assigned to a city or cities under state realignment.
Additional Revenue
Addit iona l revenue is required in the state/loca l
revenue structure . There is not enough money
generated by the current system or allocated
to the local level by the current system to meet
the requi rements of a growing popu lation and
deteriorating services and facil ities.
c.«Je1?11tss · ~S1e ioes.e11g I s9
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
When disasters or emergencies occur statewide
or in vario us areas of the state, state government
has traditional ly stepped in to assist with recovery
efforts through various means, including the
passage of legislation to provide income and
property tax relief to affected individua ls and
businesses, and reimbursing local governments for
their losses. Cal Cities supports disaster recovery
legis lation that includes mitigation for losses
experienced by local governments. Cal Cities
supports this aid being allocated to cities through
a process that objective ly accounts for the impacts
that a disaste r or emergency has had on a city's
residents, infrastructure, economy, and revenues .
In the event that aid is provided solely on a per
capita basis, Cal Cities support that it be done
equa lly per resident.
Cal Cities also supports estab lishing a federal
debt guarantee program that supports state
catastrophe insurance prog rams fo r post
event debt that they incur as a result of paying
for insured losses caused by major natural
catastrophes.
Cal Cities supports legislation that wou ld make
adjustments to the vehicle license fee-prope rty
tax swap of 2004 to ensure that the formula
appropriately accounts for city incorporations and
annexations of inh abited territory.
Cal Cities supports legislation that wou ld bolster
existing loca l efforts to enforce local ordinances
and revenue collection associated with short-term
renta ls. Legislation must protect loca l transient
occupancy tax collection authority, tax rates, and
enforcement authority associated with short -term
rentals.
Reduce Competition
Revenue from new regiona l or state taxes or from
increased sales tax rates shou ld be distr ibuted in
a way t hat reduces competition for situs-based
revenue. (Revenue from the existing sales tax rate
60 I ~ ih1fij22 www.calcities.org
and base, including future growth from increased
sales or the opening of new retail centers, shou ld
continue to be returned to the point of sale.)
The existing situs-based sales tax under the
Brad ley Burns 7% baseline should be preserved
and protected.
Tax proceeds collected from internet sales shou ld
be allocated to the location where the product is
received by the purchaser.
Restrictions should be imp lemented and enforced
to prohib it the enactment of agreements designed
to circumvent the principle of situs-based sales
and redirect or divert sales tax revenues from
other communities when the physica l locat ion of
the affected businesses does not change .
Sales tax rebate agreements involv ing on line
retailers are inappropriate because they have the
effect of encouraging revenue to be shifted away
from numerous communities and concentrated
to the benefit of one. Any type of agreement
that seeks to lure a retai ler from one community
to another wit hin a market area should also be
proh ibited going forward.
Funding for Counties
Counties require add itiona l funding if they are to
fu lfill their state-mandated and trad itional roles.
As legal agents of the state, county expenditures in
that capacity shou ld be funded by the state. Their
local programs shou ld be financed locally.
The concept of "self-help" for counties should be
expanded. An example might be that counties
cou ld receive certain state funding if they raise a
specified level of revenue loca lly.
To alleviate competition among cities
and counti es, fun ding for counties shou ld
be accompanied by agreements on new
development in undeve loped areas within the
cit ies' sphere of influence.
Item #3 Page 91 of 101
Regional Revenues
Local government issues, programs, and services
do not always recognize local government
jurisdictiona l boundaries. In cases where regiona l
issues, programs, and services are ident if ied, multi jurisdictiona l revenues shou ld then be identified
and implemented. As an examp le, the sales tax has
been conside red and used by many countywide
areas to address mu lti-jurisdictiona l transportation
issues.
Support reg ional cooperation on common
interests and goals by providing access to share
incrementa l growth in ERAF property tax.
Revenue Modernization
Property Tax
Cal Cities supports legis lation which wou ld
clarify and improve the definition of "change
of ownership" for property tax reassessment
purposes to include when more than 90% of
direct or indirect ownership interests in a legal
entity are cumulative ly transferred in one or
more transactions. Such changes wou ld reduce
the use of complicated strategies employed to
evade reassessment of property upon changes of
ownership.
Sales Tax
■ Sales and Use Tax Base: Cal Cities supports
modernization to the sales tax through
measures that would either broaden the tax
base on goods, which includes reviewing
existing exempt ions on certain goods and
expanding to digital forms of goods that are
otherwise taxed, and expandi ng the sales tax
base to services, such as those commonly
taxed in other states. Specific proposa ls in
these areas should be carefully reviewed so
that the impacts of any changes are fully
understood.
Dec. 13,2 022
REVENUE AND TAXATION
■ Sales Tax Sourcing Rules: Support as Cal
Cities policy that point of sale (situs) is where
the customer receives the product. Spec ific
proposa ls in this area should be carefu lly
reviewed so that the impacts of any changes
are fully understood.
Cal Cities supports as policy allowing more
direct reporting of use taxes related to
construction projects to the jurisdiction where
the construction activity is located by reducing
the existing regulatory thresho ld from $5
million to $100,000.
■ County Pool Use Tax Allocations: Support
Cal Cities working with the state Californ ia
Department of Tax and Fee Administrat ion
to update the county pool allocation process
to ensure that more revenues are allocated
to the jurisdiction where the purchase or first
use of a product occurs (usua lly where t he
product is del ivered). Use Tax collections from
on line sales, including from the South Dakota
v Wayfair Decision, should be shifted out of
county pools, and allocated to the destination
jurisdiction whose Brad ley Burns tax app lies
and not throughout the entire county.
■ State Sales Tax Exemptions: Cal Cities opposes
state legislation that proposes to grant
exemptions for specific products that fail to
protect those portions of the sales tax that are
dedicated to local government.
■ Data Collection: Cal Cities supports efforts to
modernize statew ide sales tax data collection
to improve unde rstanding of out-of-state and
in-state remote sales.
Federal Streamlined Sales and Use Tax
Agreement (SSUTA)
There are more quest ions than answers for
California cities about potential state participation
in the SSUTA. The SSUTA offers many more risks
for California cit ies than benef its. Thus, Cal Cities should:
c~elfl1#8:s · v9.Hgec91!:ofel~lg I 61
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Continue to monitor developments of the
SSUTA and related federa l legislations, but
not support any additiona l efforts that would
lead to Californ ia joining the agreement. This
position can always be revisited at a future
point if events cha nge.
■ Strong ly oppose any federa l effo rt that
attempts to force Californ ia to conform to
the Agreement , or amendments to federal
legislation that wou ld di rectly und ermine
California's utility user tax structure.
■ Work w ith the California Department of Tax
and Fee Admin istration and other part ies on
alternative effor ts to increase the collection
of use taxes within California. Share Cal Cities
analysis of the SSUTA with interested parties,
exchange information on use tax collect ion
issues wit h municipa l Leagues in other states,
includ ing t hose st ates w it h tax struc tures
simi lar to Californ ia.
Federal Legislation Requiring Use Tax
Collection
Cal Cities suppo rts federa l legislation t hat wou ld
require the collection of use tax from internet or
"remo te sales" that meets the following conditions:
■ Is lim ited to t he collect ion of sales and use
taxes.
■ Does not requ ire states to participa te in the
SSUTA.
■ Requir es remote sellers to collect the fu ll
destinat ion rate (combination of state and loca l
rates at locat ion the product will be delivered).
■ Exempts intrastate (non- remote sales within
California) from the destinat ion rule.
■ Provides suff icient fl exibility to acco m modate
California's tax structure. (There are instances
where the state, for policy reasons, has opted
not to collect the state's share of sales taxes on
an item, but the local rates on t hose items are
sti ll collected) .
62 I ~ i~1~Hj2.2www.calcities.org
State reg ulatory actions and possib le legislation
may be needed to address issues raised by the
collection of new revenue from remote sales.
Im plementa tion by the California Department
of Tax and Fee Adm inistrat ion would likely
req uire appropr iate software for remote sellers to
impl eme nt the new system.
Note: Cal Cities will review new legislation to determine how it relates to existing Cal Cities policies and guiding principles. In addition, because this documen t is updated every two years to include policies and guiding principles adopted by Col Cities during the previous two years, there may be new, evolving policies under consideration or adopted by Cal Cities that are not reflected in the current version of this document. However, oil policies adopted by Col Cities Board of Directors or Cal Cities General Assembly become Cal Cities policy ond are binding on Cal Cities, regardless of when they are adopted and whether they appear in the current version of "Summary of Existing Policies and Guiding Principles."
Item #3 Page 93 of 101
TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
SCOPE OF RESPONSIBILITY
The Committee on Transportation,
Communicat ions, and Public Works reviews both
state and federal legislation as it relates to issues of transportation funding, construction, public works,
telecommunicat ions, and other related areas.
Summary of Existing Policy and
Guiding Principles
Transportation
Cal Cities supports const itutiona l protections
for tra nsportation funding to be ded icated for
transportation purposes on ly and opposes any
efforts to red uce or elim inate transportat ion
fund ing for loca l government.
Cal Cities supports protect ing the add itional
funding for loca l trans portation and other
critical unmet infrastructure needs. One of Cal
Cities' priorities is to protect the cons istent and
continuous appropr iation of new monies from
various sources direct ly to cities and counti es for
the preservat ion, main tenance, and rehabi litatio n
of the local street and road system. New and
additiona l revenues shou ld cont inue to meet t he
following policies:
■ System Preservation and Maintenance .
Given the substantia l needs for all modes of
tra nsporta tion, a significa nt portion of new
revenues should continue to focus on system
preservation. Once the syster:n has been
brought to a state of good repair, revenues for
Dec. 13,2022
maintenance of t he system wou ld be reduced
to a level that enab les sufficient recur ring
m a i ntena nee.
■ Commitment to Efficiency. Priority shoul d
con tinu e to be used to improve current
systems. Recipien t s of revenues shou ld
incorporate operational improvements and
new techno logy in projects.
■ All Users Based System. New revenues shou ld
continu e to be borne by all users of the system
from the traditiona l persona l vehicle that
relies solely on gaso line, hybrid, or electric
techno logy, to commercia l vehicles moving
goods in the state, and even transit, bicyclists,
and pedestrians w ho also benefit f rom the use
of an integrated transportation network.
■ Alternative Funding Mechanisms. Given that
new techno logies continue to improve the
efficiency of many types of transporta tion
methods, transpo rtation stake holders must be
open to new alternative fund ing mechanisms.
Furt her, the goal of reduci ng greenhouse gases
is also expected to affect vehicle miles trave led,
thus further reduce gasoline consumption and
revenue from the existing gas tax. The existi ng
c..tt1e1:t11tss · ~6l4 ioeieil9 1 63
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
user-based fee, such as the base $0.30 cent gas
tax is a declining revenue source. Collectively,
we must have the politica l will to push for
sustainable transportation revenues.
Unified Statewide Solution. For statew ide
revenues, all transportation stakeho lders must
stand united in the protection of new revenues.
Any new statewide revenues shou ld address
the needs of the entire statewide transportat ion
network, focused in areas whe re there is defensible
and documented need.
Equity. New revenues shou ld continue to be
distributed in an equitable manner, benefiting
both the north and south and urban, sub urban,
and rural areas, as well as being equa lly split
between state and local projects.
Flexibility . Needs vary from region to region and
city to city. New revenues and revenue authority
shou ld cont inue to provide the flexibility for the
appropriate level of government to meet the goa ls
of the constituents.
Accountability. All tax dollars must be spent
properly, and recipients of new revenues must be
held accountab le to the taxpayers, whethe r at the
state or loca l level.
Education . Through the City and County
Pavement Improvement Center (CCPIC),
educationa l opportunities to provide addit iona l
research and development, g uidance,
specifications, tools, and training in pavement
manag em ent and enginee ring must be made
available to local governments to help ensu re local
streets and roads last longer, cost less, and are
more sustainab le.
Cal Cities supports a permanent shift of the sales
tax on gaso line for t ransportation purposes and an
allocation form ula equiva lent to 40/40/20 split of
40% to cities and count ies, 40% to STIP, and 20% to
transit.
Cal Cities supports enhanced autonomy for loca l
transportation decision-making and pursues
64 I ~ N-rie~22 www.calcit ies.org
transportation policy changes that move more
dollars and decis ions to local policy leaders. Cal
Cities suppo rts spending transportation moneys
for transportat ion purposes. Cal Cities will seek
t he maximum share of availab le fu ndin g for loca l
transpo rtation programs. Cal Cities supports the
implementation offederal transportatio n funding
re-authorization legislation in a manner that
supports these princip les.
Cal Cities supports the preservat ion and expansion
of transportation grant fund ing opportun it ies to
help incorporate new transportation techno logies
and practices into loca l transportation networks,
such as active transportation grant fund ing and
transportation innovation grant funding.
Cal Cities opposes the state pursuing any
t ransportat ion policy change that would result
in a reduc tion of revenue from the Highway
Users Tax Account and/or the Road Maintenance
and Rehabilitation Program. Cal Cities supports
a requirement for the state to consult with Cal
Cities of any transportation policy changes to
help ensure such strategies include funding equal
to or greater than what cities already receive to
maintain, operate, and rehabi litate their existing
streets and roads netwo rk.
Cal Cities supports the ongoing study of the Road
User Charge, which aims to identify an alternative
to the gas tax as a way to fund t ransportation
infrastructure.
Cal Cities supports efforts that stream line
fu nding between the state, federa l, and loca l
governments that help reduce the amount of
time and resources it takes to fund and comp lete
transportat ion projects, such as NEPA delegation
and the Match-Exchange Program .
Cal Cities opposes conditioning a city's share of
transpo rtat ion funding on housing-re lated goa ls,
such as planning and product ion, instead favoring
comprehensive housing solutions for housing
problems.
Item #3 Page 95 of 101
TRANSPORTATION, COMMUNICATIONS , AND PUBLIC WORKS
Cal Cities supports bicycle and pedestrian access
with maximum local flexibi lity to prioritize this
transportation need, as long as funding is available
directly for it and other transportation priorities
do not negatively affect transportation funding.
Cal Cities opposes any mandatory set-asides or
prioritization for bicycle and pedestrian access
on the state or local system using state or local
maintenanc e and/or rehabi litation funding .
Cal Cities opposes requiring a city or parking
process ing agency to automatically cancel
notices of parking violations, prior to a request
from a vehicle owner, if the violation does
not substantial ly match the corresponding
informat ion on the vehicle registration.
Cal Cities opposes efforts that limit the abi lity
for cities to remove or immobi lize vehicles
that chronically ignore moving and/or parking
violations and/or are operating unlawfully on
public roads.
Cal Cities supports the visionary effort of the High
Speed Rail project and supports the involvement
of local officia ls in the project planning and
imp lementation. However, Cal Cities opposes
efforts to exempt the High-Speed Rail project from
the California Environmenta l Qua lity Act (CEQA)
and other processes that prov ide an opportunity
for local input. Cal Cities also supports efforts to
reaffirm voter support of the project, including
voter recons iderat ion for the bond.
Cal Cit ies supports the deve lopment of best
practices and funding to support all modes of
goods movement includ ing ports, roadways,
storage/distribution centers, rail, and air. A focus
should be kept on job creation and retention,
economic development, and safety. Cal Cities
encourages cities to active ly engage their region
and the state in making goods movement
deci sions.
Cal Cities supports efforts to improve the California
Public Uti lities Commission's ability to respond
to and investigate significant transpo rtatio n
Dec. 13,2022
accidents in a public and timely manner to
improve rail shipment, railroad, aviation, mari ne,
highway, and pipeline safety.
Cal Cities supports efforts to expand the Caltrans
Business Logo Program, including the accu rate
deployment of EV charging signage .
Cal Cities supports having a balanced regu latory
framework over both the tax i and TNC industries;
encourages the PUC to include biometric
identification data from TNC drivers and to have
TNC companies conduct vehicle safety inspect ions;
a policy where both industries are regulated by
the state's PUC, while giving cities the abi lity to
regulate both industries when any given city
finds that state regulation is insufficient for their
community.
Cal Cities supports the Full Funding Grant
Agreement (FFGA) process for the Federa l Transit
Administration 's (FTA) Capita l Investment Grant
(CIG) program.
Public Works
Cal Cities supports retaining maximum flexibi lity
for time ly and cost-effective comp letion of pub lic
works projects. Cal Cities supports innovative
strategies, including public-private partne rships at
the state and local levels to enhance public works
funding.
Cal Cities supports efforts to divert products that
contr ibute to decreased capacity and increased
maintenance costs at wastewater t reatment
facilities .
Cal Cities encourages the state to adopt maximum
response time for all necessary state report s,
including Project Study Reports, to allow for a
timely and cost -effective completion of public
works projects. Cal Citi es supports the certification
of private fi rms to comp lete reports when state
staff is unavailable.
Cal Cities supports expedited permitting when the
work is necessary to ensure the integrity of gas
C..Nler?lltBS · ~Sl6 itiM.6it;i I 65
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
pipelines, provided that loca l permitting and plan
review requirements are met.
Cal Cit ies opposes efforts to alter the way
that Calt rans prioritizes its litter cleanu p and
abatement program to just t he segments of
highway that receive the highest numbe r of
comp laints.
Cal Cities supports improving the state's seismic
readi ness and resiliency, including tax cred its for
retrofitting seismica lly vulnerab le build ings and
the state conducting its own survey of buildings
that are potentia lly vulnerab le in seismic-prone
reg ions of the state. Cal Cities opposes any efforts
to impose such a mandate on local governments.
Cal Cities suppo rts the inclusion of wi ldfire
m itigation as an eligible project to receive the
California Public Utilities Commission's Rule 20
funds and efforts to expand funding for Rule 20.
Micromobility
Cal Cities supports efforts that reassert local
authority to regu late emerging transportation
techno logies, such as e-scooters and e-b icycles,
and opposes effo rts to limit this authority and the
city's access to meaningfu l data from companies
operating within their ju risdiction.
Vehicles
Cal Cities supports a requ irement for trans it
operators to provide at least one staff person
in each of its ful ly automated transit vehicles in
the early stages of autonomous transit vehicle
dep loyment.
Cal Cities opposes all efforts that allow vehicles
and vehicle operators on t he road tha t w ill
jeopardize the integrity of the public infrastructure
or the hea Ith and safety of the motoring public.
Cal Cities supports all efforts to retain maximum
control of the loca l street and road system. Cal
Citi es supports traffic safety enhance m ents such
as m otorcycle helmets, child restraints, seat belts,
and speed lim it laws.
66 ~ H,,e§2.2www.calciti es.org
Cal Cities opposes any efforts to increase t ruck
size or weight. The size and weight of trucks are
important because they affect the stabi lity and
contro l of the truck , the way it interacts with
other traff ic, and the impact it has when colliding
with othe r veh icles. Truck safety is particular ly
important because t hese vehicles share city streets
and cou nty roads with users- suc h as motorists '
pedest rians, cyclists, motorcyclists, and bus riders.
Cal Cities encou rages cities to promote safe driving
across California and the education of t he genera l
public abou t the dangers oftexting whi le driving.
Cal Cities supports a requirement that all state
ru lemaking bodies consider the follow ing facto rs
for any proposed ru le impacting vehicles: the
weight added to any vehicle; the effect any added
weight wou ld have on pavement wear; and the
result ing costs to state and local governments.
Cal Cities supports efforts to protect consumers
from unscrupu lous tow trucker companies and
ope rators.
Cal Cities holds that increasing vehicle fi nes do
not improve safety around schoo l zones and
enco urages other efforts, suc h as inc reased police
presence and additiona l crossing guards, as better
solutions to safety issues in schoo l zones.
Cal Cities supports legislation that authorizes
the test ing or conducting of pilot projects for
autonomo us vehicles.
Contracts
Cal Cities supports maintaining maximum local
flexibi lity in the area of contracting and contract
negotiatio ns. Cal Cities supports cha nges t o the
law that allow cities optio ns to use design-build
contracting and other innovations designed
to bring efficiency to public contracting . Cal
Cities also supports contracting out with private
entities to increase proj ect delivery efficiency and
affordab ility.
Item #3 Page 97 of 101
TRANSPORTATION , COMMUNICATIONS, AND PUBLIC WORKS
Cal Cities opposes effo rts to shift add it ion al lega l costs and liability away f rom design professionals
and contractors to local governments.
Telecommunications
Cal Cities supports a state tax levied on direct
broadcast satellite television service providers if the proceeds are distributed to support local public
safety programs consistent with a geographic
distribution m etho dology that reflects househo lds
using this service and provided that the tax is
repealed sho uld t he revenues be diverted by the
state for anothe r purpose.
Traditional franchising at t he local level has
served the valuab le purpose of tailor ing service to
unique loca l condi tions and needs and assuring
responsiveness of prov iders to consu m ers. The
cont inued invo lveme nt of local government in any
new state or federal regu latory scheme by way
of locally negotiated agreeme nts is an essentia l
component of telecom muni cat ions regulations;
best serves the needs of consume rs and is
consisten t with the goa l of providing consumers
greater choice in telecommu nications options.
Any new state or federa l standards must conform
to the following princip les:
Net Neutrality
• Access to fast, reliable, and high-qual ity
internet is essentia l for the success of our
collective communit ies.
• Reliable comm unicatio ns and data networks
for essentia l services, suc h as police and fire,
are necessary, especia lly during t imes of
emergency.
• Communications and data networks are
increasingly important for t he relat ionship
between loca l government and its residents
and businesses.
• Net neutra lity prevents internet service
providers from blocking, thrott ling, deg rading,
or providing for paid prioritizatio n of lawfu l
content , applications, or services.
Dec. 13,2022
• Free and open internet can spur in novation
and help close the digit al divide in California.
Revenue Protection
• Protec t t he authority of local governments to
collect revenues from telecommun ications
providers and ensure that any future cha nges
are revenue neutral for local governments.
• Regu latory fees and/or taxes sho uld apply
equ itab ly to all telecommunications service
providers.
• A guarantee that all existin g and any new
fees/taxes remain w it h loca l governments to
support loca l public services and mitigate
impacts on local rights-of-way.
• Oppose any state or federal legislation that
wou ld pre-empt or threaten local taxat ion
authority
Rights-of-Way
• To protect the public's investment, the contro l
of publi c rights-of-way m ust remain loca l.
• Local gove rnment must reta in full contro l
over the time, place, and manner for the
use of the publ ic right-of-way in prov iding
telecommunications services, including the
appearance and aest hetics of equipmen t
placed within it.
Access
• All local com muni ty residents should
be provided access to all available
telecommunications serv ices. Cal Cities
supports funding and resources to
provide access to high-speed broadband
infrastructure, includ ing mu nicipal broadband,
for all Californ ia commun ities to close t he
digital divide, especia lly in unserved and
underse rved commun ities .
• Telecommunicat ions providers shou ld be
requ ired to specify a reasonab le timeframe
for the deployment of telecommunications
services t hat include a clea r plan for t he
c..wearrnes · ~al8 itiM.6itl I 67
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
sequencing of the bui ld-out of these facilit ies
within the entire franchise area.
Public Education and Government {PEG)
Support
■ The resources required of new entrants shou ld
be used to meet PEG support requirements
in a balanced manner in partnership with
incumbent providers.
■ For cities cur rently without PEG support
revenues a minimum percentage of required
support needs to be determined.
Institutional or Fiber Network {/NET)
■ The authority for interested communities
to estab lish INET services and support for
educational and local government facilities
should remain at the local level.
Public Safety Services
■ The authority for E-911 and 911 services shou ld
remain with loca l government , including any
compensation for the use of the right-of-
way. All E-911 and 911 calls made by voice over
internet protoco l shall be routed to local pub lic
safety answering points (PSAPs); i.e., local
dispatch centers.
■ All video providers must provide local
emergency notification services.
Customer Service Prote ction
• State consumer protection laws shou ld
continue to apply as a minimum standard and
shou ld be enforced at the local level. Local
governments shou ld retain the authority to
assess penalties to improve customer service .
Wireless Infrastructure
■ Existing telecommunications prov iders and
new entrants shall adhere to loca l city policies
on public uti lity undergrounding.
■ Cal Cities supports the authority of cit ies
to zone and plan for the dep loyment of
telecommunications infrastructure. Cal Cities
supports the abi lity of cities to ma intain and
68 I ~ ih1f§2.2 www.c alcit ies.org
manage the public right-of-way and receive
compensation for its use. Cal Cities suppo rts
the in novation and economic development
potent ial of the "information superhig hway"
and the many possible benefits in the areas of
telecommuting and productivity it promises.
Cal Cities wil l work w ith the Californ ia Public
Utilities Commission, the various telephone
companies, and federal regulatory agencies
to improve telephone area code planning in
California.
■ Cal Cities supports mode l agreements
between cities and wireless communicat ions
providers for the deployment of wireless
infrastructure, including smal l cells and macro
cell towers, with in their jurisdict ion.
■ Cal Cities supports a requirement of
telecommunications providers to notify
the California Office of Emergency Services
(CalOES) of 911 service or emergency warning
outages to help ensure the most efficient
deployment of emergency services in affected
areas.
Plain Old Telephone System (POTS):
Cal Cities believes the following princip les in order
to ensu re minimum standards are met before
service w ithdrawa ls of plain old telephone systems
are made:
■ Require that reliable communications systems
are in place prior to any techno logy transition
to ensure vita l government services and public
safety operations are available to communicate
with citizens during emergencies.
■ Telecommunications service shou ld be
techno logy-neutral to include sim ilar
regu latory protections and obligations, such
as maintenance of infrastructure, access to
faci lities, and provision of basic voice and
broadband service.
■ Ensure a t ransparent process for the phase
out of POTS, avoiding self-certification
Item #3 Page 99 of 101
TRANSPORTATION, COMMUN ICATIONS, AND PUBLIC WORKS
and arbitrary tim elines for CPUC review of
withdrawa l requests .
■ Require carr iers to assist local governments in a
propo sed service withdrawa l area to determine
which public services are dependen t on them.
■ Require the CPUC to consu lt with state
and loca l agencies to verify alternative
comm unication s services that meet or
exceed POTS qua lity, accessibil ity, reliabil ity,
and affordabi lity and determin e adequate
tran sition t imes, especia lly to ensure the
fun ctiona lity of the 911 system.
■ For wi reless techno logy alternat ives, local
governments must have guaranteed priority
access to the 911 system.
■ Ensure state enforcement and accountabi lity
over any pro posed service withdrawa ls.
■ Require that the tra nsition to an alterna t ive
service is cost-neutral for consumers, with
additiona l costs borne by the car riers,
including anci llary costs such as softwa re and
equipm ent, for insta nce.
■ Require the CPUC to notify and wor k with
cities and other local governments of proposed
service withd rawals to ensure appropr iate
transitions.
■ Carrier cost saving s from any such tran siti on
shou ld be shared wit h customers, includ ing
local governme nts through a state-developed
and admini stered financial assistance program.
■ Require t hat "Life line" rates for customers with
specia l needs are cost and techno logy-neutra l,
in t he short- and long-term.
■ Requ ire t hat telecomm unicatio ns companies
that withdraw plain old telephone service
wit hin any given area cont inue to maintain
the infr astructure and if no longe r in use, be
respo nsible and pay for the rem ova I of the
infr astr ucture.
Dec. 13, 2022
Cal Cities oppose s a deregu lated frame work for
Voice over Internet Protoc ol (VoIP) techno logy
given that VoIP is often a "communication of last
resort," as the state's popu lace rapidly moves away
from plain old telephone service and onto VoIP or
wire less commu nications.
Air Pollution
Cal Cit ies will monitor devel opme nts and t he
ramific ations of effo rts to regu late air qua lity and related congestion strategies as it is related to
transpo rtation.
Note: Col Cities will review new legislation to determine how it relates to existing Col Cities policies and guiding principles. In addition, because this document is updated every two years to include policies and guidi ng principles adopted by Col Cities during the previous two years, there may be new, evolving policies under consideration or adopted by Col Cities that ore not reflected in the current version of this document. However, all policies adopted by Col Cities Boord of Directors or Col Cities General Assembly become Col Cities policy and ore binding on Col Cities, regardless of when they ore adopted and whe ther they appear in the current version of "Summary of Existing Policies and Guiding Principles.·
<tttime#l3Es · ~ .a.ooioes.e~ 1 69
LEAGUE OF
CALIFORNIA
CITIES
1400 K Street, Suite 400, Sacramento, CA 95814
Phone: (916) 658-8200 I Fax: (916) 658-8240
www.calcities.org