LEGISLATIVE SUBCOMMITTEE
Staff Report
Meeting Date: Nov. 14, 2023
To: Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Staff Contact: Jason Haber, jason.haber@carlsbadca .gov Subject: Draft City of Carlsbad 2024 Legislative Platform District: All
Recommended Action
Discuss and determine proposed amendments to the City of Carlsbad Legislative Platform, including the proposed 2024 Legislative Priorities, to recommend to the City Council.
Discussion
The attached redline Draft City of Carlsbad 2024 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 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.
Next Steps
A resolution approving the City of Carlsbad 2024 Legislative Platform is planned to be presented for City Council consideration on December 12, 2023.
Exhibits
1. Redline Draft City of Carlsbad 2024 Legislative Platform
2. League of California Cities Summary of Existing Policy and Guiding Principles - May 2022 Nov. 14, 2023 Item #3 Page 1 of 102
Exhibit 1
CITY OF CARLSBAD
2024¼ LEGISLATIVE PLATFORM
The Legislative Platform provides a foundation for the City of Carlsbad's Intergovernmental Affairs Program and enables the city to efficiently and effective ly 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 actin g 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 Californi a 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
• 202~ Legislative Platform: Position Statements
1. Community Services
Arts, Cultural 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 Environmental Quality Act (CEQA)
Hazardous Materials
Solid Waste, Recycling and Diversion
Utilities
Coastal Issues
3. Water
General Principles
Water Conservation
Water Recycling
Water Quality
Water Storage & Conveyance Systems
New Technology
Financial Considerations
Nov. 14,2023
4. Governance, Transparency and Labor Relations
Labor Relations
Workers' Compensation
Governance and Ethics
Elected Officia ls
S. Housing, Community and Economic Development
Planning and Zoning
Housing
Subdivision Map Act
Economic Development
6. Public Safety
Fire Services
Emergency Services and Preparedness
Law Enforcement
Drugs and Alcohol
Homelessness
Miscellaneous
7. Revenue and Taxation
State Mandates
8. Transportation, Communication and Public Works
Transportation
Public Works
Contracts
Telecommunications
Item #3 Page 2 of 102
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 cities 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 inadequate ly fund ed.
Ill. Protect Quality of Life - The city supports state legislation and funding that preserve the safety, security, cultural resources and wel l-being of our residents, workers, businesses and visitors. The city opposes efforts that would negatively impact the infrastructure, public health and safety, community development , equitab le community services, cultura l integrity and environmental programs and other city efforts to maintain and enhance the quality of life in Carlsbad. 2024.l Legislative Priorities
The city's advocacy efforts will focus primarily on advancing the strategic goals adopte d by the City Council, including:
1. Community Character
2. Quality of Life & Safety
3. Sustainability & the Natural Environment
4. Economic Vitality
5. Organizational Excellence & Fiscal Health
20246 Legislative Platform: Position Statements
1. Community Services
Arts, Cultural Resources, Historic Preservation and Education (a) Support funding and legislation that support local arts and culture, acknowledges the commu nity's history and current conditions and recognizes the need for preservation and education.
Child Care
(a) Support measures that reduce regulatory complexities and the burden of insurance costs for child care providers.
2 Nov. 14, 2023 Item #3 Page 3 of 102
(b) Support funding for the construction, renovation and maintenance of child care facilitie s.
(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, staff ing, 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 eligibil ity for grant funds to non-park related issues, such as rent contro l or housing element status.
Public Parks/Recreational Facilities
(a) Support increased and sustainable funding for community park facilities, open space, and recreation programs.
(b) Support legislation that preserves the ability to implement integrate d 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 environmenta l risk.
Public Libraries
(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.
Seniors
(a) Support legislation that fosters independence of older Californians. (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.
3 Nov. 14,2023 Item #3 Page 4 of 102
Healthy Cities
(a) Support legislation that recognizes and prevents adverse impacts affecting public health and the welfare of all residents, visitor s 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 affordable foods; and adopt city design and planning principles that promote physical activity.
(c) Support initiative s that encourage cities 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 regulation s pertaining to community recreational activities.
(f) Support funding for local communities attempting to address the needs of migrant workers.
2. Environmental Quality
(a)
(b)
(c}
( d)
Support legislation that complements the city's Environmental and Sustainability Guiding Principles.
Support funding and legislation to improve and protect recreational water quality from contamination, s upport effective habitat management practices, and create and maintain public open space.
Support funding and legislation that facilitates and protect s local control of habitat management planning, maintenance and administration .
Support legislation that ident ifies the use of restrictive covenants as an acceptable instrument for documenting open space dedications. including for mitigation purposes.
{€-}(e} Support funding and legislation that supports climate change adaptation effort s.
4 Nov. 14,2023 Item #3 Page 5 of 102
Climate Change
(a) Support funding and legislation that promotes market penetration and infrastructure expansion for zero emission electric and alternative fuel vehicles and off road equipment .
(b)
(cl
Support funding and legislation that facilitat es energy efficiency and decarbonization practices and actions to mitigate the sources of greenhouse gas emissions in buildings.
Support funding and legislation that promotes greenhouse gas emissions reductions and/or the capture, removal. and secure storage of carbon dioxide from the atmosphere.
fet.(QL Support legislation that reduces the amount of ozone depleting compounds discharged into the atmosphere.
fa-H.tl_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 Environme ntal 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 requirement a City Council initiated ballot measure dealing with the same subject matter on the same ballot.
(b) Support legislation that stream lines federal and state environmenta l reviewreview ,-aoo eliminates procedural redundancies, ~recesses 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
5 Nov. 14,2023 Item #3 Page 6 of 102
(a) Support legislation that preserves the ability of local governments to regulate solid waste and recyclable materials.
(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 educatio n and commun ity partnership initiatives.
(h) Support legislation that facilitates development of local and regional recycling and composting facilities.
Utilit ies
(a) Support legislation that establishes regulatory and market mechanisms to maximize the state's energy self-sufficie ncy and security. (b) Support legislation that establishes regulatory and market mechanisms that promote competition and reasonable, justifiab le 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 diver sity 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.
6 Nov. 14,2023 Item #3 Page 7 of 102
(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 demand-side management programs.
U) Support legislation that provides funding for renewable energy generation and energy storage projects.
(k) Support legislation that minimizes adverse environmental impacts of the state's and the region's energy use.
(I) Support funding and legislation that promotes the development of alternative energy sources.
(m) 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.
(n) Support legislation that protects competitive neutrality, procurement autonomy , ratepayer affordab ility , reliab ility, decarbonization and social equity initiatives of community choice aggregation.
(o) 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 wou ld promote and provide funding for the restoration, preservation and enhancement of beaches, beachfront property and bluffs, including climate change adaptation efforts, local and regional sand replen ishment efforts, as well as coastal access, public infrastructure and parking.
7 Nov. 14,2023 Item #3 Page 8 of 102
(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.
(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 Californi a 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 with in their jurisdiction consistent with a previously certified coastal plan.
U) 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 wou ld 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.
8 Nov. 14, 2023 Item #3 Page 9 of 102
(b) Support legislation that protects and improves the reliability, affordability, self-sufficie ncy, quality and security of local and imported water supplies.
(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 wate r needs and results in a reliable and affordable supply of high-quality water for the San Diego Region.
(e) Support legislation that supports regional projects through Integrated Regional Water Management Planning.
(f) Support legislation that streamlines environmental review processes for water and wastewater infrastructure projects and provides exemptions for emergency activities when the continued delivery of safe and clean water is threatened.
f4(g) Support legislation that establishes a more equitable voting structure at the San Diego County Water Authority , such as provid ing that Board decisions be approved by both a tally vote majority and a weighted vote majority of the member agencies.
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 author ity 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 9 Nov. 14, 2023 Item #3 Page 10 of 102
programs 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 provi des flexibility in complying with drought regulations and recognizes variations among communities with respect to their ability to withstand the impacts of drought.
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 control and protects reservoirs, 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, detr imental effects on infrastructure, and adverse effects on recycling and reuse.
(e) Support legislation that provides state and federal funds for monitoring, researchL-aREl-_treatment, and infrastr ucture investme nts needed to address-et new and emerging and other regulated 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 agriculture and the environment.
(b) Support measures that increase water supply and storage facilities within the region and allow for economical ly feasible water transfers within the system.
10 Nov. 14,2023 Item #3 Page 11 of 102
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 provides state and federal funding for the development of new technology in water use, reuse, quality monitoring, and treatment.
Financial Considerations
(a) Support legislation to develop an ongoing funding source to implement the federa lly 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 citie s with civil service/personne l system s to contract out services to the private sector to save taxpayer dollars. (b) Support legislation that limits the ability of employees to receive workers' compensat ion 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. 11 Nov. 14, 2023 Item #3 Page 12 of 102
(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 employee 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. (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 benefit s.
(I) Support funding and legislation that helps cities provide employee support programs, increased personal protective equipment (PPE) and other program s that promote employee overall wellness-particularly for underrepresented and frontline essential workers.
(m) Support funding and legislation that would enhance efforts to prevent third -party harassment and workplace violence.
Workers' Compensation
(a) Oppose legislation that expands or extends any presumption s 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 prov iding for concurrent cost controls.
Governance and Ethics
12 Nov. 14,2023 Item #3 Page 13 of 102
(a)
(bl
Oppose legislation or constitutional amendments that weaken or interfere with the powers of charter cities and diminish local autonomy or home rule authority.
Support legislation that reduces and provides for recovery of costs, maintains privacy and eliminates attorney's fees for administering public records laws.
tet(c) Oppose legislation that broaden s the scope of the Public Records Act without providing adequate funding for compliance .
fet{QL_Support legislation that improves access to, and reduces the cost of, healthcare for public employees, including part-time and seasonal workers.
fe-tk)___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.
fe-}ill._ Support legislation that recognizes or broadens immun iti es for public agencies and oppose legislation that attempts to limit or restrict existing immunities.
ffH&_ Support legislation that requires plaintiffs to make a good faith showing of liability prior to filing a lawsuit against a public entity. (h) Support legislation that would increase civic participation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions, local and regional, to participate virtually (post COVID 19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act. fg,(i) Support amendment s to the Ralph M. Brown Act that allow for the use of alternative and cost-effective methods of meeting posting requirements, including the use of electronic and digita l media.
{-R-}fiL 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.
f+till_ Support state funding efforts to assist with enhanced public access for members of the community.
13 Nov. 14,2023 Item #3 Page 14 of 102
Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements.
(I)
u.(jl-) --Support legislation that wou ld allow cities to conduct closed sessions on matters posing a threat to cybersecurity .
(ml Support funding and legislation to assist local agency cybersecurity enhancement efforts.
Elected Officials
(a) Support legislation that prevents threats to the security of public officials in their homes by extending or providing protection to elected and appointed officials 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 officials 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, including, but not limited to, regulatory authority over zoning, subdivisions, annexations, and tax increment financing areas. redevelepment 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 measures that authorize local land use planning and zoning law to override conflicting state law.
(d) Support measures that ensure local land use planning or zoning initiatives approved by voters shall not be nullified or superseded by the actions of any local or state legislative body.
14 Nov. 14,2023 Item #3 Page 15 of 102
(e) Support legislation requiring environmental review of initiati ves to amend a general plan or zoning ordina nce before the initiative is placed on the ballot or enacted.
(f) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects.
(g)
{h)
(i)
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.
Support legislation that preserves the authority of local agencies to regulate short -term vacation rentals.
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 .
..... (jL..) __ 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 commun ity including the elderly, persons with disabilities, and low-income persons. (b) Support expansion of tax credit and bond opportunities for affordable housing.
(c) Support legislation that provides incentives (tax benefits, grants, loans, credits for affordab le 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 15 Nov. 14,2023 Item #3 Page 16 of 102
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, substantia lly increasing the cost of publicly assisted housing developments.
(i) Support legislation that wil l consolidate and streamli ne 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 recognizes the impediments to infill housing development due to inadequate and/or deteriorated infrastructure, and provides funding and/or cost recovery mechanisms for local agencies to complete the necessary upgrades.Support legislation that requires aYailability of adequate sehool faeilities eontemporaneously with oernpaney 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 initi atives that ensure communities do not exceed carrying capacities and the provision of adequate public facilities. (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. 16 Nov. 14, 2023 Item #3 Page 17 of 102
{o) Oppose legislation that would expand the Coastal Commission's authority over state and local housing policy, whic h would result in administ rative inefficiencies and policy conflicts.
{p) Support legislation that modifi es existing housing laws to remove inconsistencies and improve clarity in applicati on.
(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)
(s)
(t)
(u)
(v)
(w)
(x)
Support legislation that more equitably applies rent contro l laws to various types of rental housing, such as condominiums .
Support legislation that prohibit s property owners who are awarde d 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.
Support legislation clarify ing that replacement housing required of a density bonus project that demolishes existing low or moderate units on the parcel is in addition to the affordab le units required under density bonus law.
Support legislation that ensures that units created under density bonus law are not used for vacation rentals.
Support legislation that clarifies the relationship between state density bonus law and local inclusionary housing requirements .
Support legislation that maintains local decision-making regarding the development of Accessory Dwelling Units.
Support legislation that allows for local decision-making regarding parking requirements.
Subdivision Map Act
(a) Support legislation that would autom atically extend approved or conditi onally 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
17 Nov. 14,2023 Item #3 Page 18 of 102
(a) Support legislation that facilit ates econom ic development efforts and encourages local business investments, job creation and retention. (b) Support legislation that wou ld establish new tax increment financing tools.
(c) Support legislation that helps businesses who have had business interruption insurance claims denied, or otherwise incur unrecoverable revenue losses resulting from a financial or public health crisis, or other declared State of Emergency.
(d) Support legislation that protects small businesses from extraordinary health insurance premium increases being applied during and for a limited time period after a financial or public health crisis, or other declared State of Emergency.
(e) Support legislation that would remove impediments to the automatic extension of local permits during and for a limited time period after a financial or public health crisis, or other declared State of Emergency. (f) Support legislation that provides eviction protections and funding for rental assistance programs for residential and commercia l tenants and property owners impacted by a financial or public health crisis, or other declared State of Emergency.
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 wildland areas.
(b) Oppose legislation that would diminish local control to set and assess fire inspection fees.
(c) Support legislation that preserves local agencies' ministerial rile·.«elopment reYie·..., and appro,.ial rights, including applicaeility to accessory dwelling ~
ftiji.f.L_ Oppose legislation that circumvents 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 time lines.
18 Nov. 14, 2023 Item #3 Page 19 of 102
(dl
{e)
Support legislation that would enhance statewide wildland fire safety infrastructure.
Support legislation and fund ing for firefighter wellness programs.
Emergency Services and Preparedness
(a) Support legislation granting immunity to or limiting liability of governmenta l entiti es and their employees who provide emergency medical instructions and/o r treatment as a part of their public safety dispatch system.
(b) Oppose legislation that wo uld restrict a local government from revising the delivery of emergency medical service to its citizens and support measures that broaden these powers.
(c) Support legislation that would enhance cost recovery or provide funding for emergency medical services and pre-hospital care.
(d) Support legislation that would strengthe n awareness of and access to resources concerning community and disaster preparedness, public health, safety, and resiliency.
{e) Support legislation that provid es state and federal emergency funding and regulatory relief that allows cities to devote the necessary resources and meet the operational challenges of prot ecting 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 stre ngthens a diverse local law enforcement. (b) Support measures that would provide a greater share of seized assets to localiti es 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.
{d) Support legislation that strengthens penalties for violent offenders, including sentencing enhancements for violently resisting or brandishing a weapon during the commission of a property -related crime. 19 Nov. 14,2023 Item #3 Page 20 of 102
(e) Support legislation that strengthens penalties for violent crimes committed by juveniles .
(f) Support legislation that would increase accountability and transparency among law enforcement agencies and personnel.
(g) Support legislation that encourages or mandates police training to include mental health awareness, implicit and explicit bias and de escalation techniques.
(h) 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 .
• Ii.,_) __ Support legislation that strengthens penaltie s for part icipating in any coordinated effort to disrupt the use of public roads and publicly accessible parking lots (e.g. as part of a street takeover, sideshow, or racing exhibition).
(j) Support legislation and funding for police officer wellness programs. (kl Support legislation that provides for the proper and timely intake, without unnecessary delay, of arrestees.
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 rehabi litation treatment.
(e) Support any measure that protects children and youth from exposure to tobacco, second handsecondhand smoke and tobacco- and nicotine related products.
20 Nov. 14, 2023 Item #3 Page 21 of 102
"'"'(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.
{#(g) Support legislation that prevents or reduces the adverse effects of drug addiction.
Homelessness
(a) Support funding and legislation that provides resources, including enriched referra l 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 contro l 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 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.
ill_ 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 homel essness.
{#(g) Support continued funding for housing, outpatient beds and treatment to further Community Assistance, Recovery and Empowerment (CARE) Court.
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 technica l rescue, and other appropriate functions.
21 Nov. 14,2023 Item #3 Page 22 of 102
(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 education 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.
(h) Support measures to provide funding to support the San Diego Law Enforcement Coordination Center, a collaborative partnership among federal, state and local law enforcement/public 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.
(i) Support legislation that provides financial assistance to local law enforcement agencies for staff assigned to a regional 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 redistribut ion of sales tax, property tax, transient occupancy tax and other taxes and fees. 22 Nov. 14, 2023 Item #3 Page 23 of 102
(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 elim inate the "pay first and litigate later" provisions of law and oppose any bill that proposes to reduce or elimi nate the obligation of any on line 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.
(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 adm inistration of Article XIII-B (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 permitting processes without undermining the ability of local government to apply and be compensated for the enforcement of reasonable building, planning and fire protection standards.
23 Nov. 14, 2023 Item #3 Page 24 of 102
(p) Oppose measures that propose significant economic changes without the completion of a balanced, comprehensive econom ic analysis. (q) Support funding and legislation that provides direct financial support to cities to offset cost increases and lost revenues resulting from a financial or public health crisis, or other declared State of Emergency. (r) Support legislation that promotes regional collaboration on response efforts addressing the impacts of a financial or public health crisis, or other declared State of Emergency, including funding to support local businesses.
(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 eliminate unfunded state and federa l mandates or would require timely reimbursement to cities. (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.
(b) Support legislation that provides for safe, effective and efficient transportation alternatives for all travel modes.
24 Nov. 14,2023 Item #3 Page 25 of 102
(cl Support funding and legislation that provides direct support to cities to advance roadway safety through education, engineering and enforcement.
fe-t(d) Support legislation that establishes requirements for E-bike rider safety training and licensing.
(g€} Oppose transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems.
(fa) 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. Eliminates or reduces existing at-grade rail crossings within the rail corridor.
3. Improves local, regional, and coastal access for all travel modes (bicycle, pedestrian, vehicle, transit).
4. Minimizes impacts to neighborhoods.
5. Maximizes community and neighborhood connections.
6. Protects and/or improves the economic vibrancy of surrounding neighborhoods and the city.
7. Protects and/or enhances environmental resources.
(f) Oppose legislation that dimin ishes local control over the regulation and deployment of micro-mobility solutions.
(g} Oppose measures that wou ld result in the consolidation of the North County Transit District and Metropolitan Transit System. (h} Support measures that protect residents, businesses and visitors from the adverse impacts of aircraft operating at McClellan-Palomar Airport. (i} Oppose changes in aviation policies that would allow McClellan-Palomar Airport to expand without authorization from the city.
(j} Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts associated with air traffic overflights. (k} Support measures that would increase local contro l over airports located within mun icipal boundaries.
Public Works
25 Nov. 14, 2023 Item #3 Page 26 of 102
(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 current ly involved in legal proceedings against the City arising from prior projects.
(b)
{cl
Oppose measures that wou ld eliminate state licensing requirements for professionals involved in designing public and private developments.
Support measures that would clarify the roles and responsibilities of public agency officers and employees as related to the prohibition on enter ing into or participating in making contracts in which they have a financial interest.
{€-}(d) Support legislation that clarifies when the award of a contract would constitute a conflict of interest relative to Government Code Section 1090.
Telecommunications
(a) Support legislation and regulations of telecommunications facilities and services that:
Nov. 14,2023
l. Maintain local control over the public 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 affordab le.
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.
26 Item #3 Page 27 of 102
(b) Support legislation that requires cable tel evision companies to assure that audio and video portions of adult entertainm ent 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 . 27 Nov. 14, 2023 Item #3 Page 28 of 102
LEAGUE OF
CALIFORNIA
CITIES
Exhibit 2
Summary of
Existing Policy and
Guiding Principles
MAY 2022
Strengthening California Cities
through Advocacy and Education
Item #3 Page 29 of 102
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
LEAGUE OF
CALIFORNIA
CITIES
Mission Stat em ent
To expand and protect local control for cities
through education and advocacy to enhance the
quality of life for all Californians.
Vision
To be recognized and respected as the
lead ing advocate for the common interests of
California's cities.
We Believe
ii
■ Local self-governance is the corne rstone of
democracy.
• Our strength lies in the unity of our d iverse
commun ities of interest.
• In the involvem ent of all stakeholders in
establishing goa ls and in solving problems.
■ In conducting the business of government
with transparency, openness, respect, and
civility.
• The spirit of honest public service is what
builds comm unities.
• Open decision-making that is of the hig hest
ethica l standa rds honors the public trust.
■ Cities are vita l to the strengt h of the Californ ia economy.
~Vc::~g02 ~ .calciti es.org
■ The vitality of cities is dependent upon their
fiscal stabi lity and local autonomy.
■ The active participat ion of all city officials
increases Cal Cities' effectiveness.
■ Partnerships and collaborations are essentia l
elements of focused advocacy and lobbying.
■ Ethica l and well-info rmed city officia ls are
essentia l for responsive, visionary leadership
and effective and efficient city operations.
About Cal Cities
Established in 1898, t he League of California
Cities is a member organization that represent s
California's inco rporated cit ies. Cal Cities strives to protect the local authority and autonomy of city
government and help California's cities effectively
serve their residents.
In addition to advocating on cities' behalf at the
state capito l, Cal Cities provides its member s
with professiona l deve lopment programs and
information resources, conducts educational
conferences and research, and pub lishes Western
City magazine.
To learn more about Cal Cities and how to be
involv ed, see inside back cover.
Item #3 Page 30 of 102
INTRODUCTION
Introduction
We are pleased to present the 2022 editio n of the League of California Cities Summary of Existing Policy and Guiding Principles. In a process that continues today, the document was first prepared in 1997 by researching and summarizing policy guidelines and positions on legislation adopted by Cal Cities, as well as Cal Cities Annual Conference resolutions.
The 2022 edition was developed with the input of the seven Cal Cities policy committees and Cal Cities Board of Directors to ensure that the content accurate ly reflects existing Cal Cities policy. The content reflects policy chang es adopted by Cal Cities through February 2022, following the review of Cal Cities positions on legislation and annual conference resolutions. The document is posted on Cal Cities website in its entirety, as well as relevant sections on individual policy committee pages.
The Summary of Existing Policy and Guidi ng Princip les is intended to be a living reference, updated biennially, to reflect changes to Cal Cities policy. Cal Cities uses the publication as a reference tool when reviewing legislation that is introduced to determine how it relates to exist ing Cal Cities policy. We also encourage cities to use this publication as a guide as they consider positions on legislation int roduced at the state and federal levels that would impact cities.
We hope you wil l find the pub lication useful in your city's invo lvement in the legislative process and Cal Cities advocacy. Please do not hesitate to relay any comments you may have about this reference guide to me or Melanie Perron, Deputy Executive Director, Advocacy and Public Affairs, at [email protected] .
Your feedback is always welcome.
Carolyn M. Coleman
Executive Director and CEO
League of California Cities
April 2022
Nov. 14, 2023 d.M.J1Il#B:S • ~dllcttfeW5t g I iii
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Contents
Community Services .................................................... 2 SCOPE OF RESPONSIBILITY .................................................. 2 Summary of Existing Policy and
Guiding Principles .............................................................................. 2 Animals .......................................................................................................... 2 Arts, Cultural Resources, Historic Preservation and
Activities ................................................................................................. 2 Child Care ..................................................................................................... 2 Children ......................................................................................................... 2 Park Bond Funds .................................................................................... 3 Public Parks/Recreational Facilities ............................................ 3 Public Libraries ......................................................................................... 3 Seniors ........................................................................................................... 3 Healthy Cities ............................................................................................. 3 Natural Disaster Preparation .......................................................... 3 Smoking and Tobacco Control. ...................................................... 3 Environmental Quality ............................................... s SCOPE OF RESPONSIBILITY ................................................. 5 Summary of Existing Policy and
Guiding Principles .............................................................................. 5 Air Quality .................................................................................................... 5 Climate Change ....................................................................................... 5 Hazardous Materials .............................................................................. 7 Solid Waste and Recycling ................................................................ 7 Electronic Waste ...................................................................................... 9 Household Hazardous Waste .......................................................... 9 Extended Producer Responsibility (EPR) ................................. 9 Single-Use Plastics ................................................................................. 9 Energy and Utilities ............................................................................. 10 Community Choice Aggregat ion .................................................. 11 Microgrids .................................................................................................... 11 Electric Industry Restructuring ..................................................... 11 California Environmenta l Protection Act (CEQA) ............. 14 PROCEDURES AND NOTICES .............................................. 14 Definition of a Project... ..................................................................... 16 Significant Environmenta l Effect ............................................... 16 Alter natives ............................................................................................... 16 iv I tl~d~2 ~.ca lcit ies.org
Streamlining ............................................................................................. 17 Coastal lssues ........................................................................................... 17 Miscellaneous ........................................................................................... 17 California Water Guidelines ............................... 19 INTRODUCTION .......................................................................... 20 APPENDIX A .................................................................................. 30 APPENDIX B: GLOSSARY ....................................................... 32 Governance, Transparency,
and Labor Relations ................................................. 38 SCOPE OF RESPONSIBILITY ............................................... 38 Summary of Existing Policy and
Guiding Principles ........................................................................... 38 Labor Relations ..................................................................................... 38 Public Sector Pensions, Compensation
and Other Post-Employment Benefits (OPEBs) ....... 38
CalPERS (California Public Employees'
Retirement System) ..................................................................... 40 Workers' Compensation ................................................................... 41 Other Emp loyer and Employee Related Issues ................ 42 Transparency ......................................................................................... 42 Open Meeting Law (Ralph M. Brown Act)
and Open Access to Public Records
(California Public Records Act) .............................................. 43 Political Reform Act of 1974 (PRA) ............................................. 43 Governance and Ethics .................................................................... 44 Elections .................................................................................................... 44 Recall Elections ..................................................................................... 44 Elected Officials .................................................................................... 44 Legal Issues ............................................................................................. 45 Data and Privacy Protection ......................................................... 45 Housing, Community, and Economic
Development ..................................................................... 46 SCOPE OF RESPONSIBILITY ............................................... 46 Summ ary of Existing Policy and
Guiding Principles ........................................................................... 46 Planning and Zoning ......................................................................... 46 Housing Element ................................................................................. 47 Item #3 Page 32 of 102
Housing Finance ................................................................................. 47 Economic Development ................................................................. 47 Eminent Domain .................................................................................. 48 Tenant Protections ............................................................................. 48 Subdivision Map Act .......................................................................... 48 Residential Care Facilities ............................................................... 48 Development Fees .............................................................................. 48 Annexation and Incorpo ration .................................................... 49 Development 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 Residential Insurance Policy ........................................................... 51 Public Safety ....................................................................... 52 SCOPE OF RESPONSIBILITY ............................................... .52 Summary of Existing Policy
and Guid ing Principle s ................................................................. 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 Wildland Urban Interface ............................................................... 55 Nuisance Abatement ......................................................................... 55 Violence ....................................................................................................... 55 Indian Gaming ........................................................................................ 55 Gaming ....................................................................................................... .56 Alcohol ....................................................................................................... .56 Cannabis Regulation ......................................................................... .56 Graffiti .......................................................................................................... 57 Nov. 14, 2023
TABLE OF CO NTENTS
Sex Offender Management ............................................................ 57 Corrections ................................................................................................ 57 Firearms ...................................................................................................... 57 Miscellaneous .......................................................................................... 57 Revenue and Taxation ............................................. 58 SCOPE OF RESPONSIBILITY ............................................... 58 Summary of Existing Policy and Guiding Principles ..
58 Cities and Cal Cities ............................................................................ 58 Legislature or the Voters .................................................................. 59 State Mandates ...................................................................................... 59 Additio nal Revenue ............................................................................ .59 Reduce Competi tion ......................................................................... 60 Funding for Counties ......................................................................... 60 Regional Revenues .............................................................................. 61 Revenue Modernization ................................................................... 61 Federal Streamlined Sales and Use Tax Agreeme nt
(SSUTA) .................................................................................................. 61 Federal Legislatio n Requiring Use Tax Collection ............ 62 Transportation, Communications,
and Public Works .......................................................... 63 SCOPE OF RESPONSIBILITY ............................................... 63 Summary of Existing Policy
and Guiding Prin ciples ................................................................. 63 Transportation ........................................................................................ 63 Public Works ............................................................................................ 65 Micromobility ......................................................................................... 66 Vehicles ...................................................................................................... 66 Cont racts ................................................................................................... 66 Telecommunications ......................................................................... 67 Plain Old Telepho ne System (POTS): ....................................... 68 Air Pollution ............................................................................................. 69 llstnO#llES • ~Dloft!W2>rg I 1
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
SCOPE OF RESPONSIBILITY
The Committee 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 Cities supports legislatio n to prevent a person
or animal shelter from selling, giving, or otherw ise
transferring living animal s to research facilities or
anima l dea lers.
Arts, Cultural Resources, Historic
Preservation and Activities
Cal Cities suppor ts cont inued state funding that
recognizes the important role of local arts activ it ies and historic preservation in commun ity life and
how these cu ltura l activities affect the social health and economic vitality of cit ies.
Child Care
Cal Cities supports the creatio n of more affordable ,
innovative, and qua lity parks and recreation,
as well as chi ld care optio ns for parents and
concurrent ly encourages adhe rence to st rict
regu lations and g uide lines.
Cal Cities supports fund ing and resources to
address t he affordabi lity and availabi lity of early
learning and care options.
Children
Cal Cities believes tha t the children of California
must be recognized as ou r state 's most valuable
resource. Their development, educat ion, and well
being are key to our state's future. Further , it is
essentia l that each child have the support needed
to become a prod uctive cit izen in the wor ld of
t he 21st century. This involves suppor tin g diverse
before- and afte r-school programs and creating
stronge r linkages between municipal services and
schoo l-based job tra ining programs in order to
produce more job placement oppo rtunities.
Cal Cities prom otes the development of a
cooperative program wit h the goa l to increase
enrol lment of California's chil d ren in t he Healthy
Families Program.
Cal Cities encou rages cities to promote anti
bu llying efforts across California as well as provide
education and awareness to the general public
about the immi nent health and safety concerns
for bu llied childr en, especia lly those with special
needs.
Cal Cities suppo rts increasi ng opportunit ies
for California's yout h to part icipate in civic
engag ement activities .
Item #3 Page 34 of 102
Park Bond Funds
Cal Cities believes that any statewide park bond
measure shou ld include a componen t that
provides per capita grants to cit ies and counties.
Cal Cities opposes tying local eligib ility for grant
fun ds to non-pa rk related issues, such as rent
cont rol or housi ng eleme nt status.
Public Parks/Recreational Facilities
W hile the State of California stud ies the use of
crumb rubber in synthet ic turf and playground
surfaces, Cal Cities opposes legis lation t hat
requires cit ies to undertake specific actions before
insta llatio n can occur .
Cal Cities supports requiring public poo ls to
provide automated exte rnal defib rillators during
poo l operations.
Public Libraries
Cal Cities supports fu ll funding of the Pub lic
Library Fund so that the State of California can
full y fund its share of the program, understanding
how libraries play an integra l role in building
and susta ining our commu nities. (Additional
library-re lated policy is incl uded in "Restruct uring California's Public Library Services," the report
of a joint task force co-sponsored by Cal Cities,
California State Association of Counties, Californ ia
Library Associat ion, and the Californ ia Associat ion
of Library Trustees and Comm issioners.)
Cal Cities opposes legislatio n that requires publi c
libraries to install and maintain comp uter software
for use on computers in the libra ry t hat prohibits
access to obscene material to minors and other
library patrons. Cal Cit ies believes that this issue is more approp riately add ressed at the local level, in
ways that meet local circumstances, and thu s is an
issue of local contro l.
Seniors
Cal Cities encourages cities to recog nize seniors
as a valuab le state resource and to develop and
imp rove interge nerationa l programs and activ it ies.
Nov. 14, 2023
COMMUNITY SERVICES
Cal Cities suppo rts legis lation that would provide
fund ing for side-by-s ide day care faci lities for
California's youth, adults, and seniors.
Healthy Cities
Cal Cities encourages Californ ia cities to help
parents make healthy fam ily cho ices; create
healthy schoo ls; provide access to healthy and
affordable foods; and adopt city design and
planning principles t hat promote physica l activity.
Cal Cities encourages citi es to involve youth,
especia lly midd le and hig h schoo l stude nts, with
city health-related programs.
Cal Cities encou rages cities to address t he
needs of an aging popu lation t hrough local and
st atewi de planning, education, and conference
programming.
Cal Cities encou rages cit ies to establ ish the ir own rules and regu latio ns pertain ing to community
recreational activities.
Natural Disaster Preparation
Cal Cities support s additiona l fund ing for local
agenc ies to recoup the costs associated with fire
safety in the comm uni ty and timely mutua l aid
reimbur sement for disaster response services
in other jurisdictions. Cal Cities also supports
additio nal funding for local agencies t o prepos iti on "eme rge ncy response" personne l and equipment
as we ll as coord inate notif icat ion systems w it h
local and state agencies.
Cal Cities supports measures that provide
resou rces for local governments to coordina te
services to assist disp laced residents and
commu niti es recover from w ildfir es, earthquakes ,
and other natural disasters.
Smoking and Tobacco Control
Cal Cities sup ports legislation that estab lishes a
statew ide smoking and tobacco contro l sta ndard
that includes elect ronic cigarettes and vapor
products, as long as such legisl ation does not
preempt the abi lity of cit ies and cou nties to enact
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
local laws that are stronger than the statew ide
standard or to regulate in areas not covered in the
statew ide standa rd. Cal Cities opposes legis latio n
that wou ld restrict such local authority.
Cal Cities suppor t s legis lation that limits the abil ity of minors to obta in tobacco and tobacco products,
incl uding electronic cigarettes and vapo r products.
Cal Cities suppor t s and advocates that all 482
California cities be equitab ly incl uded in the
dist ribution of moneys that the state receives
from the Tobacco Sett lement Memorandum
of Understandi ng; believes that the moneys
received by counties shou ld benefit all cities within
the county; and that cities have input into the
decision-mak ing process.
Cal Cities supports legislation that req uires
tobacco retailers to obta in a state-issue d license
to sell tobacco products, as long as the legislation
does not restrict or preempt the abi lity of cities
to enact and enfo rce their own reta il licensing
programs and to enforce the state -wide licensing
prog ram. Cal Cities also supports legis lation
designed to restrict the sale of illega l, coun terfeit tobacco products.
Note: Cal 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 Co l Cities that ore not reflected in the current version of this document. However, all policies adopted by Cal 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 Principles."
4 ~Ye ili4Ego2i ww.ca I cit ies.org Item #3 Page 36 of 102
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 incl usion of city officia ls on
the governing board s of air districts and opposes
efforts to delete such ci ty representat ion.
Cal Cities believes cities should have the authority
to estab lish local air quality standar ds and
programs that are stricter than state and federa l
st andards. Cal Cities opposes effo rts to restri ct
such author ity.
Cal Cities opposes legis lation redirecting the
funds authorized by Health and Safety Code
Sectio n 44223, which are currently used by
local governments for locally based air quality
programs.
Cal Cities opposes air qua lity legislatio n that
restricts the land use author ity of cities.
Cal Cities suppo rts the requirement that both
pub lic and private diesel garbage trucks be
retrofi tted to reduce the amo unt of particulate
matter polluti on emitted from the trucks. (See also
Integ rated Waste Management Section below.)
Nov. 14,2023
Climate Change
Cal Cities recognizes that climate change is both
immediate and long-term , with t he potential for
profound environmental, social, and economic
impacts to the planet and to California.
Th rough the Global Warming Solutions Act of 2006
(AB 32 (Nunez). Chap ter 488, Statut es of2006)
California has emba rked on a plan that requires
the reduction of greenhouse gas emissions to
1990 levels by 2020. Although uncertainty remai ns
about the pace, distribution, and magnitude of
the effect s of climate change, Cal Cities recognizes
the need for immediate actions to mitigate the
sources of green house gas em issions and h as
adopted the followi ng princip les:
■ Action Plans for Mitigating Greenhouse Gas
Emissions. Encou rage local governments to
compl ete an inventory of greenhouse gas
emissions, set appropr iate reduc t ion t argets,
and create g reenhouse gas emission reduction
act ion plans.
■ Smart Growth. Consistent with Cal Cities Smart
Growth policies, encourage the adoption of
land use policies designed t o reduce spraw l,
preserve open space, and create healthy,
vibran t, and sustai nabl e communities.
~trat8 ES • ~ -3~cifiiG0rg I 5
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
6 ■ Green Technology Investment Assistance.
Support tax credits, grants, loans, and other
incentives to assist the public, businesses, and
local agencies that invest in energy efficient
equi pment and technology, and fue l efficien t ,
low-emission vehicles.
■ Energy and Water Conservation and
Efficiency . Encourage energy eff iciency, wate r
efficiency, and sustainable bui lding practices
in new and existing public, residentia l, and
commercia l bu ildings and facilities. This may
include using the U.S. Green Building Counci l's
LEED program or simi lar systems.
■ Green Building Guidelines . Cal Cit ies
encourages state agenc ies to provide
leadership in deve lopi ng voluntary, model
statewide residential green bui lding
guide lines that wi ll provide informa tion to
local jurisdictions on how to evaluate and use
different green bu ilding strategies. Additionally,
Cal Cit ies encou rages cities to adopt voluntary
residentia l green bui lding guidelines as a
reference guide, to evaluate available green
bui lding programs and adopt those best
suited for t heir communities, and to explore
incentives that encourage green bui lding by
private developers of residentia l constr uction
projects.
■ Increase the Use of Clean Alternative Energy.
Promote the use and purchase of clean
alternative energy through the deve lopment of
renewab le energy resources, recovery of landfi ll
methane for energy production, and waste-to
energy tech no log ies.
■ Reduction of Vehicle Emissions in Public
Agency Fleets. Support the reduct ion of
vehicle emissions through increased fue l
efficiency, use of approp riate alternative
fue led vehicles, and/o r low-emissio n vehicles
in public agency fleets. Encourage the use of
appropr iate alternative fue led veh icles, and/o r
low-emiss ion vehicles in private fleets.
~..Ve::i!r'ks-02~ww.calcities.org
■ Climate Change Impacts. Encourage all levels
of government to share information to prepare
for climate cha nge impacts.
■ Coordinated Plann ing. State policy should
encourage and provide incentive for cities to
coord inate and share planning information
with neighboring cities, count ies, and other
gove rnm enta l entities so that there are agreed
upon regional blueprints and strategies for
dea ling with greenhouse gas emissions.
■ Water Supply for New Development .
Encourage excha nge of wate r supp ly
information between state and local agencies,
including informat ion on the impacts of
climate change on state and local water
supplies .
■ Recycled Content and Green Purchasing
Policies. Encourage t he adoptio n and
implementation of recycled content and
green procurement policies, if fitness and
quality are equa l, including the adoption of
an Environmental Manag ement System and
authorizat ion of local agencies to consi der
criteria other than only cost in award ing
contrac ts for services.
■ Environmental Standards. Cal Cities suppo rts
flexib ility for state and local governments to
enact environmental and other st andards or
mandates that are stronger than the federal
standa rds. However, Cal Cities reserves
the right to question or oppose stronger
standards on the merits. Cal Cities also opposes
legislation that proh ibits state and local
governments from enacting stricte r standards.
Cal Cities supports efforts to encourage reg ional
clima te adaptation plann ing to reduce climate
risk, fost er collaboration among local, regiona l, and state entit ies, and deve lop guidance for potent ial
state, federa l, or private investme nt in regional
adaptatio n projects.
Item #3 Page 38 of 102
Hazardous Materials
Cal Cities supports the ability of local governments
to enact local standards or regulations that are
stronger than those enacted at the state and
federal level. To this end, where the city fire
department is the lead agency for regulating and
enforcing hazardous materia ls laws, Cal Cities
supports the provisions of existing law that permit
a local fire department to adopt stronger local
requirements, as long as it complies with specif ied
procedures to enact such stronger local standards.
Cal Cities opposes legis lation or regu lations that
restrict such authority.
Cal Cities supports efforts to streamline and
coordinate hazardous materials regu lation among
various levels of government, includ ing city fire
and county environmenta l health departments.
Cal Cit ies supports the abi lity of city fire
departments to be adm inistrating agencies for
any of the major hazardous materials laws or to
be the lead agency (the Certified Unified Program
Agency) under the SB 7082 program and opposes
legislation or regulations 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 proposals 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 legisl ation 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 that makes such posting
voluntary.
Nov. 14,2023
ENVIRONMENTAL QUALITY
Cal Cities supports the following principles related
to Brownfields Revitalization:
■ Cal Cities supports state and federa l legislation
that would create additional fisca l resources
and options to restore and deve lop urban
and industria l brownfields contaminated by
hazardous materials. Cal Cities also supports
creat ive state and federa l efforts to encourage
revita lization and better use of abandoned
urban and industria l brownfields, as long as
local governments retain existing land use
authority.
■ Cities should have the ultimate say on whether
a proposed brownfie ld remediation project
is consistent with local land use pol icy. The
proposed use of a project (i.e., parking garage ,
business park, residential deve lopment) should
be consistent with a city's genera l 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 development).
■ 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 additiona l remediat ion be
required before the new use can be approved.
■ Local agencies do not have the desire or
general ly the expertise to do the technica l
evaluation for site assessment and remediation
plans. Appropriate state agencies should have
that responsibi lity.
■ If a property owner plans to develop the site,
then the owner should be required to do t he
necessary site assessment and clean up.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Solid Waste and Recycling
Cal Cities supports 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
requ ireme nts are best determined at the local
level, rathe r than by state agenc ies. Cal Cit ies
believes that those jurisd ictions tha t have made a
good faith effo rt to comp ly with t he requirements
of AB 939 shou ld not be subject to enfo rcement
penalties. Cal Cities opposes the repea l of AB 939,
but supports contin ued efforts to streamline its
provisions and to assist in comp liance.
Cal Cities believes that green waste used as
alternative daily cover (ADC) shou ld be eligib le
for limi ted AB 939 credit, as long as the ADC
meets performance and health and safety criteria
estab lished by the California Integrated Waste
Management Board (CIW MB), now the California
Department of Resources Recovery and Recycling
(Cal Recycle).
Cal Cities continues to support legis lation
to provide changes to AB 939 (the Califo rnia
Integrated Waste Manage ment Act) that will:
■ Place more emphas is on the imp lementatio n
of waste diversion programs and less strict
mathemat ical accounting;
■ Require Cal Recycle to evaluate the level of
accuracy of the existing system the board uses
to measure jurisdictions' achievement of the
waste divers ion requi rements of state law and
develop approp riate policies, in consu ltation
with local juri sdictions, to account for any
inaccuracies in the system ;
■ Encourage the deve lopment of non-burn
transforma tion techno logies by providin g fu ll
diversion credit for the waste thatj urisdictions
send to non-burn transformation faciliti es;
■ Require the board to expand its market
developme nt activities, including providing
8 I ~v<i:iJrh:~02J.rww.calcities.org
more funding for research and development of
markets for recyclable mater ials; and
■ Require Cal Recycle to staff it s exist ing
reg ional offices with personne l t hat can assist
jurisd ict ions in carry ing out the requirements
of the act.
Cal Cities suppo rts legis lation and ot her efforts
to increase t he markets for recycled materials,
including advance disposal fees, minimum
content laws, and recycling market development
zones. Cal Cities opposes legis latio n that requires
local gove rnm ents to adopt refuse fees based
upon variable can rates.
Cal Cities supports effo rts to strengthen curbs ide
recycling progra m s and opposes efforts to weaken
such programs. Cal Cities supports legis lation to
expand the container types included in the AB
2020-bottl e bill progra m.
Cal Cities supports the right of cities unde r existin g law to be designated as Local Enforcement
Agencies for solid waste facility permitting,
inspection and enforcement, and opposes
legis lation to restrict thi s authority or transfer it to state agenc ies.
Cal Cities opposes legislation that wou ld preempt
local land use authority over solid waste faci lit ies, wou ld restrict the ability of a city to issue a land
use perm it for a solid waste faci lity or wou ld
restrict the ability of a city to condi t ion such
fac ilities throu gh the conditi onal use permit
process.
Cal Cities does not oppose leg islat ion that assesses
fees on solid waste that is disposed of out of state,
as long as the fees reflect t he pro-rata portion of
in-state costs.
Cal Cities opposes leg islation that wou ld authorize
the Director of Cal Recycle t o conside r landfill
capacity as a reason for denying concur rence
of a solid waste facility permit and also opposes
legislation that would prohibit a pub lic agency
from being certified as a Local Enforcement
Item #3 Page 40 of 102
Agency if the public agency is also an operator of a
solid waste faci lity.
Cal Cities opposes legislation that wou ld
authorize the Directo r of Cal Recycle to consider
environmenta l justice as a basis for concu rring or
denying a solid waste faci lity permit. Cal Cities has
adopted the policy that issues of environmenta l
j ustice are best addressed at the local level
through the local land use and public hearing
process and through existing federa l and state
policy.
While Cal Cit ies suppor ts the retrofit of public
and private diesel-fue led garbage trucks to
reduce particu late matter air pollution (see Air
Quality section ), Cal Cities opposes funding such
retrofits in a way that wou ld either inte rfere with
t he existi ng franchise relationship between local
governments and hau lers or wou ld impose a
surcharge on landfi lls.
Cal Cities suppor t s legisl ation and regulat ion
that authorizes the land app licat ion of biosolids
that meet specified statew ide health and safety
standards. Cal Cities suppo rts legisl ation that
permits enactment of stronger local ordinances
only if they are based upon protecting public
health and safety and good science. Cal Cities
opposes legislation t hat preempts out right
stronger local ordinances, regard less if they are
based on protecti ng public health and safety and
good science.
Electronic Waste
Cal Cities supports legis lation implementing
the concept of manufacturer responsibi lity for
electronic waste (e-waste). This includes, but is not
limited to, encouraging or providing incentives
fore-waste recycling, requiring manufacturers of
computer, cathode-ray tube (CRT), photovoltaic
modu les (solar panels), and other electronic
products considered un iversal wastes, to operate
or fund comprehensive, exte nded prod ucer
responsibi lity programs . Such programs should
Nov. 14, 2023
ENVIRONMENTAL QUALITY
require products to be sustainably designed and
labe led, offer financ ial incentives to consume rs to
proper ly dispose of e-wastes, encou rage recycling,
reuse and collection programs by manufacturers,
incentives to consumers to redeem or recycle
e-waste, and fund a convenient collection
infrast ructure.
Cal Cities supports statewide and manufacturer
educatio n programs to educate consumers about
e-waste and recycling efforts.
Cal Cities suppo rts an advance disposal fee on
comp uter and other electronic products in o rder
to fund such manufacturer respons ibi lity programs
and local collection and recycling programs.
Cal Cities supports nationa l efforts to address the
e-waste problem .
Household Hazardous Waste
Cal Cities opposes legislation tha t requ ires local
jurisdictions to collect househo ld hazardous
waste in a specific col lection manner, including
mandatory curbsi de collect ion.
Extended Producer Responsibility {EPR)
Cal Cities supports legislation implementing
producer responsibility. This includes, but is not
lim ited to, manda t ing or providing incentives
including funding for compre hensive producer
responsibi lity programs for hazardous and
universal wastes and prod ucts and packaging for
whic h disposal or recycling is prob lemat ic for local governme nts.
Single-Use Plastics
Cal Cities supports reducing the amount of
sing le-use plast ic packaging and products that
ente r the waste stream through methods such as
source reduction and increases to the recyclab ility
and composab ility of these items. This includes
reduc ing the waste generated from sing le-use
plastics, such as plastic straws.
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 sing le-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 eligib le for moneys generated
from any fee placed upon sing le-use carryout
bags, provided those dollars are used by the city
to mitigate the effects of single-use carryout bags
on the stormwater, solid waste diversion, visitor
education and awareness, and water quality in
the city. Any application fo r funding provided to
cities by sing le-use carryout bag fees should be
stream lined, simple, and not overly burdensome.
Cal Cities supports CEQA exemptions for sing le
use carryout bag bans or a programmatic EIR.
Cal Cities opposes any bill that would preempt
local governments from individua lly banning
or placing a fee on sing le-use carryout bags
distributed within the city.
Energy and Utilities
Cal Cities supports the constitutional right
of municipa l ut ilities to operate outside the
jurisdiction of the California Public Utilities
Commission (PUC) and opposes any legislation
that would erode the abi lity of municipa l utilities to operate or place them unde r PUC control.
Cal Cities supports maintaining the standard of
inverse condemnation for investor -owned utilities
that require utilities to pay damages. Cal Cities
opposes reduci ng the inverse condemnation
standard for incident s caused by a utility, whether
retroactive or otherwise, and supports ensuring
local governments can recover app licab le
damages.
Cal Cities supports the prohibition of passing
through the costs of fines and penalties incurred
by electr ical and gas corporations to ratepayers.
10 I ~!a.Y.-d!fieW23.vww.calcitie s.org
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 local utility rate-sett ing authority and opposes
any leg islation that restricts the ability of a city to transfer revenue from a utility (or other enterpr ise
activity) to the city's genera l fund.
Cal Cities is neutra l on legislation requiring
municipa l electric utilities to include a "renewab le
portfo lio standard" (RPS) in their mix of sources
of electr icity, as long as the requirement is the
same as tha t which applies to investor-owned
uti lities. Cal Cities opposes legis lation that requires municipa l electric uti lities to meet an RPS that
is stronger than that applied to investor-owned
uti lities.
The following princip les wil l guide Cal Cities'
position regarding exit fees to avoid cost-shifting
for newly formed mu nicipal uti lities or extensions
of existing mu nicipal uti lities:
■ A mechan ism or venue other than the PUC
shou ld be used to determine and impose the
exit fees in order to prevent PUC jurisdiction
over municipal uti lities. For examp le, exit fees
might be best evaluated and incorporated
by the courts as part of eminent doma in 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-shift ing for custom ers that were
actual ly served by an investor-owned utility.
■ Exit fees should consist of payme nts of a fair
share of the DWR bond costs, a fair portion of
the IOU under collect ions, and a fair share of
the remaining amount of the CTC (competition
trans ition charge, leftover from AB 1890).
■ Exit fees should not be charged to newly
annexed municipa l uti lity ter ritory that
was never served by an IOU (so-called
"greenfie lds").
Item #3 Page 42 of 102
■ In addition, Cal Cities believes photovoltaic
systems shou ld be complete ly exempt from
any type of exit fee.
Cal Cities supports efforts to reduce the number
and frequency of utility-initiated power shutoffs,
also called public safety powe r shutoffs, to
maintain city electr icity grid integrity and city
operations.
Community Choice Aggregation
■ Local Energy Autonomy: Cal Cities supports
programs that increase local contro l over the
purchase and deve lopment of renewab le
energy resources, as an effective means of
increasing consumer access to renewable
ene rgy at stab le, competitive rates, and
decreasing statewide greenhouse gas
emissions.
Cal Cities supports cities' exercise of the right
to form or j oin existing Community Choice
Aggregat ion (CCA) entities, as an effective method
of increasing local contro l over powe r supp ly.
According ly, Cal Cities supports legislat ion and
regulatory policies that support CCA autonomy in
policymaking and decision -making and opposes
legislation and regulatory policies that unfairly
disadvantage CCAs or CCA customers, or reduce
or undermine local decision-making autonomy by
the CCA or its governi ng board.
Cal Cities supports continu ing deve lopmen t of
local renewable energy resources and supp ly,
including the protection of local autonomy to
administer energy efficiency and insta ll and uti lize
integrated distr ibuted energy resources.
Consumer Protection: Cal Cities suppo rts complete
transparency of all energy procu rement practices ,
stranded costs, and departing load charges. Cal
Cities supports fair competit ion in statewide
energy markets for CCAs and municipa l or other
publicly owned uti lities. Cal Cities supports
legis lation and regulatory policies that protect
CCA customers from improper cost allocation. Cal
Nov. 14,2023
ENVIRONMENTAL QUALITY
Cities opposes legislation that confl icts with or
dimin ishes CCA procurement autonomy.
■ Energy Efficiency: Cal Cities supports effective
leveraging 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 tool to aid energy
resiliency and disaster preparedness.
Electric Industry Restructuring
Cal Cities supports the restructuring of the
elect ricity services ind ustry, provide d it meets the fo llowi ng criteria:
■ Support the Concept. Cal Cities of California
Cities supports the concept of electric ind ustry
restructuring if it results in lower electr icity
rates that continue permanently into the
fut ure. Cal Cities does not support or oppose
any specific form of restructuring and b elieves
the program ultima tely implemented must
satisfactorily address the adopted crite ria listed
below. Any new industry restructure shou ld
be based on a thorough economic analysis
of the full costs and potent ial benefits of the
alternatives under consideration.
■ Equitable Benefits . Any restructuring program
should result in all ratepayers directly sharing
in the benef its equ itab ly.
■ Municipal Utilities . Any restr ucturing program
shou ld maintain the concept of mun icipal
utilities. No restructuring proposa l shou ld
abridge the existing authority of municipal
uti lities to operate or abridge the abi lity of
cities to form municipa l uti lities in the future.
■ Franchise Authority . Cities should continue to
have the authori ty to issue franc hises and any
prog ram shoul d be at least revenue neutra l
relative to revenue cur rently received from
franchises.
are.m:nJEs • ~ .<4:i3cx,fieilirg 1 11
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 opportunity to become
aggregators for municipal operations or the
community at large. As an aggregator, a city
would be able to combine the electr ic 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
generators financially who le. Any policy to
deal with stranded investme nts for large
energy producers (i.e., nuclear power) should
be applicab le to all other producers (i.e.,
independent power producers).
■ Wheeling. Any program should facilitate the
wheeling of electricity between gene rator s and
users.
■ Alternative Sources. Consistent w ith existin g
Cal Cities policy that supports the deve lopment
of alternative energy sources, any rest ructuring
program should incorporate suppo rt for
alternative energy in order to enhance the
mix of energy sources available in California,
both for environmenta l and strateg ic energy
security reasons.
■ Biomass . The unique problems of the biomass
industry, as they relate to Californ ia's solid
waste infrastructure, should be fair ly resolved
in any deregu lation program.
■ Social and Environmental Impacts. Consistent
with existing Cal Cit ies policy, California shou ld
not abando n its energy prog rams that provide
social and environme ntal benefits.
In addi t ion to those policy guidelines, Cal Cities
agrees that cities that are aggregators should
be required to follow the same consumer
protection standards as other aggregators, that
participation in aggregation by an electricity user
should be volun tary, and that cities shou ld have
the opportunity to serve as aggregators for their
municipal operat ions or for those reside ntia l or
12 I ~.tiU{d~~2~ ww.calcities.org
commerc ial customers who wish to participate in
a city-spo nsored aggregat ion program.
Finally, Cal Cities believes that any federal actio n
in the area of elect ricity restructuring must
not preempt legislation and actions in states
that choose to restructure the ir utility industry
if such federa l action relates to state and local
government home rule authority. This includes
authority related to the regu lation of rights-of
way, franchises, taxing utilities and services, or to
aggregate.
In respo nse to the energy crisis of 2001, Cal Cities
adopted the followi ng principles related to energy:
■ Land Use Control. Local contro l over land
use should be invio late. Cal Cities will oppose
leg islation that restricts local land use contro l
beyond that which is already in exist ing law.
■ Municipal Utilities. The autonomy of municipal
utilities should not be eroded. Cal Cities wil l
oppose any legislation that harms municipa l
utilities.
■ Energy Prices and Rates. Cal Cities is
concerned about the impacts of escalating
energy prices on the overall economic health
of our state, including city budgets. Although
at this time Cal Cities wi ll not get involved in
individual bills dea ling with technical aspects
of pricing, Cal Cities believes that any solution
to address the short- and long-term ene rgy
price situation should meet several key crite ria.
» Cal Cities believes energy prices shou ld
encourage conservat ion and reward those
w ho reduce energy use (i.e., tiered rates).
» Cal Cities is concerned about the impacts
of escalati ng energy prices on low-income
residents and smal l businesses. Cal Cities
supports energy pricing structures and
other mechanisms to soften the im pacts on
this segment of our community.
» In design ing rates, the state shou ld be
aware of the opera tiona l constraints of
some businesses and th us their potential
Item #3 Page 44 of 102
inabi lity to take advantage of conservation
pricing . Thus, the state shou ld provide
other incentives to conserve to businesses
that can not take advantage of other
options.
■ Conservation in City Facilities. Support
legislation that prov ides direct funding for
conservat ion and demand reduction projects
in city facilities.
» Work to obtain the greatest level of funding
for local governments, and work with all
authors and the Administration in crafting
legislation that will be most effective and
beneficial to local governments.
■ Siting Energy Facilities- Incentives to Local
Governments . Funding shou ld be available to
cities to streamline t he siting process at the
local level.
» Eligible projects to receive incent ive
payments wou ld not only cover new
electricity generat ing facilities, but also
projects to expand existing generation
faci liti es, to replace them with more
efficient facilities, or to build renewable
projects, includ ing photovo ltaics, fuel cells,
or cogenerat ion.
» In order to stimu late the development
of t hese facilities, it wi ll be necessary to
provide additional long-term community
benefits that the local government can
demonstrate to its citizens.
» Any city or coun ty that approves siting of
a private ly developed generating facility
shou ld receive 100% of the property tax of
that facility. To stimulate the development
of projects such as cogeneration facilities,
the sta ndby char ges for the facility should
be waived.
» The state shou ld provide additional
financ ial assist ance to cities and counties
for such projects, which could includ e the
cost of transmission line extension.
Nov. 14,2023
ENVIRONMENTAL QUALITY
» Cal Cities wi ll work to ensure that there are
no negative impacts on munic ipal utilit ies
from efforts to streamline energy facility
siting.
■ Power Plant Siting - Other Issues. Support
legislation that increases the thresho ld at
which a city is the lead permitting agency
for an energy facility from 50 to 100 MW (or
above). Oppose legislation that decreases this
threshold.
» Take no posit ion on proposa ls 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 cities with munic ipal
ut ilit ies 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 wou ld have lead
agency authority, regardless of the size of
the facility).
■ Environmental Regulation of Power Plants.
Cal Cities sho uld not get direct ly invo lved in
legislative discussions and should not take
a position on legislation to relax, suspend,
or elim_inate environmental regulat ion, with
several except ions.
» If environmenta l standards are relaxed,
suspended, or eliminated, Cal Cit ies shou ld
seek leg islation to ensure that cities do not
bear the burden of meeting the shortfa ll
in environme ntal protection. For example,
suspended or reduced waste discharge
requirements for a power plant may result
in increased hot or salty cooling water
discharged from a power plant into a bay
or stream. Publicly owned treatment works
shou ld not be required to meet a higher
discharge level to offset the power plant
discharge or fined as an indir ect result of
oterfl 11~s • ~kof~ g 1 13
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
the increased wate r pollution that would
result. Simi lar arguments can be made
for air pollution burdens. There should be
some sunset included for environmenta l
waive rs for re-powering of existing faci lities
and all new plants shou ld be required
to meet the BACT (best available cont rol
techno logy) standard.
• Public Power Options. Support all bills that
enhance the public power options available to
cities and counties.
» Condit ion support and/or sponsorsh ip
upon the correct language being written.
Work w it h municipa l uti lities and others to
ensure the provisions are drafted properly.
» Cal Cities should not support legis lation
that would give up the existing, limited
authority of cities to regu late cab le and
telecommunications companies as a trade
off to make it easier to form a municipa l
electric uti lity.
• Interruptible Rates. Cal Cities shou ld take no
position on legislation dea ling with changes
to interruptible rates but shou ld watch the
subject carefu lly.
» Cal Cities should comment on legislation,
as appropr iate, to express concern that
resolution of the issue shou ld seek equity
in how it hand les classes of ratepayers and
communities. Legislation shou ld take into
consideratio n economic gains previous ly
made by customers on inte rrupt ible rates
and shou ld provide assistance for those
caught in extreme situations.
• Rotating Outages - Exemptions. Cal Cit ies
should not get direct ly involved in bil ls dealing
with which type of customers are exempt
from rotati ng b lock outages and shou ld not
take a position on these bills. Howeve r, Cal
Cities shou ld work with police and fire chiefs
to ensure t hat police and fire faci lities are
appropriate ly protected either legisl atively or
administrative ly, if proposa ls move ahead to
expand t he range of exempted facilities.
» Cal Cities shou ld seek legislative or
administrative resolution g iving advance
notification to those businesses, such as
some agricu ltural 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 funding
for essentia l services (i.e., police/fire, water/
wastewater) to purchase new or replace
existing backup generators that are more
ene rgy-efficient and less polluting.
• Wholesale Regional Price Caps - Federal
Legislation. Cal Cities shou ld not take a
position on federal legis lation to give the
Secretary of Energy authority to impose
regiona l wholesa le price caps on electricity.
This is a mixed bag and Cal Cities shou ld stay
out of the issue.
• Price Gouging by Electricity Suppliers. Cal
Cities should send a letter to the Governor and
Attorney General supporting their ongo ing
effo rts to determ ine whether wholesa le market
abuse occurred and asking that approp riate
action be taken to remedy the problem if
illega l activity occurred.
Californ ia Environmenta l Protection Act
(CEQA)
Procedures and Notices
• Fair Argument Test. Cal Cities strongly opposes
the eliminatio n of the fair argument test as
the thres hold for determining whether to
prepare an Environmental Impact Report (EIR).
There are a number of other reforms that will
reduce CEQA's comp lexity while preserving
the fair argument test's role as a planning too l.
These include funding for Master El Rs and
eliminating attorneys fees for pet it ioners.
Item #3 Page 46 of 102
• Master EIR Funding. Cal Cities strongly
supports the development of a funding
source for Master El Rs. Both of the proposa ls
contained in the Litt le Hoover Commission
report wou ld meet the needs of cities.
• Exemption for Modified Project Renewals.
Cal Cities opposes exempting the renewal
or re issuance of a permit, license, or other
entitlement where there is a change in the
project.
• Centralized Responsible Agency Notification .
Cal Cities opposes shifting the responsibi lity
to notify responsib le agencies from the lead
agency to the State Clearing House. Cal Cities
opposes making identification of Responsib le
Agencies at the Notice of Preparation stage
by other than the Lead Agency (e.g., the Office
of Planning and Research) conclusive so that
agencies not identified would be barred from
later commenting on projects.
• Responsible Agency Documentation. Cal Cities
supports requiring that Responsible Agency
comments be supported by specific referenced
documentation.
• Substitution of Environmental Impact
Statements. Cal Cities opposes allowing
an Environmental Impact Statement to be
substituted for an Environmental Impact
Report in any situation other than military base
closures because the National Environmenta l
Policy Act does not contain CEQA's duty to
mitigate.
• Duty to Respond to Comments. Cal Cities
opposes shielding lead agencies from
responding to comments received more than
30 days after a Notice of Preparation (NOP) or
received verbally.
• Timelines for CEQA Contracts. Cal Cities
supports eliminating subdivision (b) of
Pub lic Resources Code Section 27751.5, which
mandates the time line for entering into CEQA
contracts.
Nov. 14,2023
ENVIRONMENTAL QUALITY
• Arbitration of Disputes. Cal Cities supports
addi ng an arbitration option to the
requirement that each county over 200,000
designate a "CEQAjudge." Among the issues
that wil l need fu rther refinement are whether
an alternative dispute resolution process
should be a condition precedent to litigation,
whether the alternative dispute resolution
process wou ld be binding on part icipants, and
how to limit the alternative dispute resolution
process to CEQA adequacy issues rather than
community m itigation issues.
• Good Faith Settlements. Cal Cities supports
disco uraging lawsuits that have little merit by
(l) eliminating the app licatio n of a multip lier
ana lysis to the amount of attorney's fees
awarded in a lawsuit that is subject to a
settlement agreement; and (2) by precluding
the adoption of measures or project conditions
as part of a settlement agreement that
do not mitigate a sign if icant effect on the
environment.
• Recirculation Standards. Cal Cities supports
raising the thresho ld for recirculat ion of El Rs
so that only new "significant unavoidable
impacts" wou ld necessitat e recirculation.
• Basis for Statements of Overriding
Considerations. Cal Cities supports clarifying
that the basis for Statements of Overr iding
Considerations is information contained in the
record.
• Compliance with Local Public Notice
Requirements. Cal Cities supports legis lation
to require all projects proposed by state or
local public agencies, includi ng universities,
community colleges, schools, counties , cities,
and special districts, to comply with the
identical local public notice requirements that
wou ld be app licabl e to projects sponsored by
private developers in the jurisdiction where the
project is located.
CJ.ter(ll#fl:s • ~ ltof~g 1 1s
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Tolling Agreements. Cal Cities supports tolling
agreements, but acknow ledges and relies on
existing pub lished case law that already allows
for the use of tolling agreements in CEQA
cases.
• Concurrent Preparation of Administrative
Record. Cal Cities opposes legislation that
would require concurrent prepa ration of
the administrative record and the elect ronic
posting of administrative record unless (1)
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 pub lic w ho requests these
processes; and (2) a lead agency that is unab le
to comply with such a request because of
either a lack of personne l or techno logica l
capability is not requ ired to provide these
processes.
■ Court Remedies. Cal Cities supports legislation
that would clarify a court's ability to fashion
a remedy that is specific to the project and
limited to only those aspects of the project
held invalid under CEQA.
Definition of a Project
■ Effect on the Environment. Cal Cities supports
narrowing the definition of "projec t " to prevent
CEQA lawsuits on non-env ironmenta l matters.
• School Operations Exemption . Cal Cities
supports exempting any schoo l closure or
student transfers from CEQA.
• Categorical Exempt ion for Nonindustrial
Infill Projects. Cal Cities supports expanding
categorica l exemptions to include
development projects in urbanized areas that
are consistent with genera l plans, zoning and
cumu lative impact projections ana lyzed in a
Master EIR Such projects should be limited to
infi ll and nonindustrial.
Cal Cities supports legis lation that exempts pub lic
works projects, within the existing right-of-way,
16 I ~.a_'l:'.'.,di'll1EW23,,vww.c alcities.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 boi lerplate significance thresholds.
Cal Cities also opposes a sing le statewide set of
standards for determining significance at the
local level. Instead, Cal Cities supports requir ing
that each EIR contain signif icance thresholds
forma lly adopted by t he lead agency for the
project.
■ Safe Harbor. Cal Cities supports the concept
of "safe harbor," which means that if a
project complies wit h certain local ly adopted
standa rds, then a project cou ld not be
cha llenged in court based upon those impacts
on the environment.
• Aesthetics. Cal Cities opposes any effort to
limit a local agency's abi lity to cha llenge the
aesthetic impact of a project under CEQA.
■ Consideration of Socio-Economic Factors.
Cal Cities opposes adding social, economic,
recreationa l, or other factors to be considered
when analyzing the significance of
environmental impacts.
• Indirect Effects. Cal Cities opposes amending
the defini t ion of effects to eliminate
the analysis of indirect and cumu lative
environmental effects.
■ Cumulative Effects. Cal Cities supports
the elimination of El Rs for projects w ith
solely cumulatively significant impacts
where the impact has been addressed by a
comprehensive plan t hat identifies specific
mitigation measures. Cal Cities opposes
exempting projects that are subject to their
own subsequent environmental review from
conside ration as a reasonab ly foreseeab le
future project when analyzing cumulat ive
impacts.
Item #3 Page 48 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
--------------------------------------------------
■ Statement of Overriding Considerations. Cal
Cities supports transparency in CEQA decision
making but opposes a public comment period
for the notice of draft Stateme nt of Overriding
Considera tion s.
Alternatives
■ Alternative Site Requirement. Cal Cities
supports eliminating the alternative site
requirement for all private projects.
■ Level of Detail. Cal Cities suppo rts requiring
that projects of statewide, regionw ide, or area
wide significance describe at least two feasib le
project alternatives with a level of detail equa l
to the proposed project.
■ No Project Alternative. Cal Cities opposes the
elimi nation of the "no project alternative."
■ Environmental Impact Report (EIR). Cal Cities
opposes the elimination of the fair argument
test as the thresho ld for determining
whether to prepare an Environm ental Impact
Report (EIR). Cal Cities strong ly supports the
development of a funding source for Master
El Rs. Cal Cities supports adding an arbitra tion
option to the requirement that each county
over 200,000 popu lation designate a "CEQA
judge."
Streamlining
Cal Cities supports expanding the definition of
"emergency" under CEQA to includ e projects that
mitigate a high threat to life and property as a
result of a catastrop hic wildfir e.
Coastal Issues
Cal Cities opposes legislation that would permit
the state to impose conditions on Local Coastal
Plans developed by cities and coun ties.
Cal Cities supports efforts to curb frivolous appeals
to local coasta l decisions.
Cal Cities supports prohibiting the expansion of
offsho re oil and natura l gas production along t he
Californ ia coast.
Nov. 14, 2023
Cal Cities supports the Federal Coastal Protection
Act, which prohibits additional offsho re
deve lopment through the year 2002. This position
was based, in part, on concern about the impacts
to onshore support facilities and services by
offshore development activities.
Cal Cities opposes legislation that grants author ity
to the Coastal Commission that is inconsistent,
duplica tive, and overlapping w ith the authority of
other regulat ory agencies, such as regiona l water
qua lity contro l boards or other agencies, or that
grants the Coastal Commission authority outside
the coasta l zone.
Cal Cities affirms its commitment to local contro l
by requesting the Coastal Commiss ion to defe r
to the elected off icials of a city with respect to
choices in the implem entation of a Local Coastal
Plan that complies with the requirements of state
law and regu lation.
Cal Cities supports additiona l resources and too ls
to help cities plan for and address sea level rise.
This includes efforts to better coordinate with
the California Coastal Commission and Ocean
Protection Council to combat sea level rise.
Miscellaneous
Mitigation Monitoring Program. Cal Cities
supports efforts to ensure compliance w ith
Mitigation Monitoring Programs but opposes
any effo rt to require local agencies to report on
compliance or add other procedures regarding
the implementat ion of Mitigation Monitoring
Programs.
Cal Cities supports the right of cities to serve as
lead agencies for the purposes of the Surface
Mining and Reclamation Act (SMARA).
Consist ent with the policy adopte d by the
National League of Cities, Cal Cities believes the
appropriate venue for addressing the issue of
"regu latory taki ngs" is within the evolving judicial
interpretations of the Fifth Amendment of the U.S.
Constitut ion.
c1<t~rt11ms • ~9:ofel;@il g 1 11
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
• Cal Cities opposes any fede ral or state
regulation, statu te, or constitut iona l
amendment which wou ld place restri ctio ns
on federa l, state , and local government actions
regulating private property or requir ing
additio nal compensat ion beyond the
continua lly evolving jud icia l interpretation of
the Fifth Amendment of the U.S. Const itution.
• Cal Cities wil l oppose any legis lation that
includes such a provision, regard less of what
else is included in the leg islation (i.e., legislation that desig nates a listing of an enda ngered
species as a "regulatory taking").
Cal Cities suppor ts the ability of local governments
to voluntarily deve lop and approve species habitat
plans for their communit ies, in conjunct ion
with willing prope rty owne rs. Cal Cities opposes
requiring local governmen ts to amend their
genera l plans to include spec ies habitat plans
deve loped by others but not approved by the local
government.
18 ~~~-dif,eW23.vww.ca lcit ies.o rg
Cal Cities supports legislation that imposes
"Sinclair"-type fees on products in order to
fund the cost of prevention or mitigat ion of the
pol lution or environmental and healt h impacts of
such produ cts. Cal Cities opposes legis lation t hat
wou ld restrict the imposition of such fees at the
state or local levels.
Cal Cities supports partnerin g with the Legislat ure
and the Governor to add ress the devastati ng
environ mental impacts of illegal marijuana
grows on both private and public lands and the
associated th reats to public safety. Cal Cities
suppo rts the creation of responsive solut ions with
adequate fun ding support and effective State and
federa l government leade rship to address this
w idespread prob lem.
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 docum ent. However, all policies adopted by Cal Cities Board of Directors or Col Cities General Assembly become Cal Cities policy and ore binding on Col Cities, regard less of when they ore adopted and whether they appear in the current version of "Summary of Existing Policies and Guiding Principles."
Item #3 Page 50 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
LEAGUE OF CALIFORNIA CITIES
California Water Guidelines
FEBRUARY 2010
TABLE OF CONTENTS
I. Califo rni a Water: Gene ral Principl es .................................................................................... 20 II. Water Conservatio n ......................................................................................................................... 21 Ill. Water Recycling ................................................................................................................................ 22 IV. Water Quality ...................................................................................................................................... 22 V. A reasofOr igin ................................................................................................................................... 25 VI. Water Sto rage .................................................................................................................................... 25 VII. Convey ance Syste m s ..................................................................................................................... 25 VIII . Flood Manage m ent ....................................................................................................................... 27 IX. Groundwa te r ....................................................................................................................................... 28 X. Fish And Wildl ife .............................................................................................................................. 28 XI. Drainage ................................................................................................................................................ 29 XII. Recreation ............................................................................................................................................ 29 XI 11. New Tech nology ............................................................................................................................... 29 XIV. Financia l Considerat ions ............................................................................................................ 30 XV. A ppendix A: Water Quality Impr ovement Initiative (2008) ................................. 30 XVI. A p pendix 8: Glossa ry ..................................................................................................................... 32 NOTE: The League of California Cities most recently updated and revised the California Water Guidelines in 2010. The effort began in 2008 with the formation of the Water Task Force, which was comprised of members from Cal Cities 76 Regiona l Divisions and all interested city offici als. A~er months of meetings and conference calls, the Water Task Force submitted the California Water Guidelines revisions to the Board of Directors. Upon formal adoption by the Board, the California Water Guidelines where incorpo rated in the Environmental Quality Policy Committee's scope of responsibi lity For additional information, please see the California Water Guidelines introduction on the following page.
Nov. 14,2023
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 additional 31 cities and the popu lation
of the state has increased to more than 38 million
peop le, creating increased demands on water
supply. There is growing recognition that there are
better ways of managing the flow of water wit hin
California's many watersheds and through the
Delta, to prevent harmfu l environmenta l impacts
whi le still ensuring a reliable supp ly of water to
its citizens. Climate change is seen as having an
increasing ly important impact on water supply
and water qua lity. Water shortages place renewed
emphasis on the importance of water reclamation,
water recycling, and other means of nurturing and
protecting an essential resource.
In 2003, Cal Cities Board created Cal Cities Water
Quality Task Force to identify and evaluate
wastewater and stormwater regu latory issues of
concern to cities and to recommend steps t hat
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 conside r updates and revisions to the Water
Guidelines Cal Cities drafted and adopted 20 years
earlier. Cal Cities 16 Regional Divisions designated
voting members; but membership on the Task
Force was open to all interested city officia ls, and
meet ings were open to all interested parties.
20 I rt9,.X, <!A;1g~23www.ca lcit ies.org
The Task Force first met in Sacramento in Apri l
2009 and organized th ree working groups (Water
Use, Water Supply, and Water Discharges).
Members of t he working groups held numerous
meetings by conference call over the next two
months . Subsequent meetings of the fu ll Task
Force were held in June and September 2009
before the revised Guide lines were submitted to
Cal Cities policy committees in January 2010, for
review and approval. The Guide lines were forma lly
approved by the Cal Cities Board of Directors in
February 2010.
The California Water Guide lines are designed to be
used by policymakers at all levels of government
in deve loping future water policy for the state of
California. Cal Cities encourages city, county, and
state off icials, as well as representatives from other organizatio ns, to review the guide lines as water
policies and programs are deve loped.
I. CALIFORNIA WATER : GENERAL
PRINCIPLES
1. Wat er needs are projected to increase
significantly in the future. While water is
a renewable resource, it is also a finite one.
2. Cal Cities suppor ts the development
of additional groundwater and surface
water storage, includ ing proposed surface
storage projects now under study if they
are determined to be feasib le, including,
but not limited to, environmentally,
economically, and geographically relating
to point of origin. Appropriate funding
sources could include, but are not limited
to, user fees, bonds, and federal funding.
3. Local, state, and federa l agencies
shou ld prepare plans for short-term
water emergencies as well as long-term
cooperat ive water management plans
and policies, such as the Integrated
Regional Water Management Plan
(IRWMP) process.
Item #3 Page 52 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
4 . All water development projects must
be economica lly, environm enta lly, and
scientifica lly sound.
5. Critica l California water issues cannot
be solved without the cooperat ion of
the state and federal governments.
Commu nicat ion and cooperation among
policy groups with em phasis on finding
statewide consensus is suppo rted.
6. Adeq uate water quality requirements for
wastewater discharge into su rface water
and groundwater to safeg uard public
hea lth and protect beneficial uses shou ld
be supported. Beneficia l wate r quality is
fundamental to the health and welfare of
California and all of its citi zens.
7. The long -term viability of rivers and
streams for instream uses such as fishery
habitat, recreation and aesthetics must be
protected.
8. Cal Cities encourages all c itie s to work
w ith counti es, wate r agencies, and spec ial
districts to fac ilitate water conse rvati on,
recycling, and reuse effor t s.
9. Cal Cities suppo rts state water policy
that allows undertaking aggressive water
conservation and water use efficiency
while preserving, and not diminishing,
public and const itutional water right s.
10. Cal Cities supports land use as an
important strategy for water supply and
wate r quality benefits.
II. WATER CONSERVATION
1. Statewide Goal. Cal Cities supports the
development of a statewide goa l to
reduce water use by 20% by 2020 through
the impl ementation of fa ir and equ itable
measures consistent with these principles.
2. Statewide Effort . Accomp lishing water
conservation and water use efficiency
goa ls will require statewide action by
Nov. 14,2023
all water users , incl uding residential,
commercial, indu strial, and agricultural
water users, loca l and regio nal planning
agencies, state and federa l agencies,
chamb ers of comme rce, and business,
com mercial and industrial professional
and trade associations.
3. Comprehensive Solutions. Water
conservat ion and water use efficiency
must be part of a comprehensive solution
that includes loca l resource deve lopment
and infra stru cture improvements,
including sto rage and conveyance,
as pa rt of a statewide system that
promotes economic and environmental
sustainability.
4. Monitoring, Reporting, and Accountability.
Cal Cities supports the impl ementation
of programs to assure prudent
measurement and monitoring of wate r
use to provide accountabil ity and
transparency toward the accomplishment
of wate r conse rvation and water use
efficiency goals.
5. Protect Water Rights. Implementation
of wate r conservat ion and water use
efficiency programs must be consistent
with existing state law in that the act
of conservation cannot be allowed to
undermine the water rights of the entities
impl ementing the water conservation or
water use eff iciency prog ram or interfere
with existing water conservation or water
use efficiency projects.
6. One Size Does Not Fit All. Water
co nservati o n and wate r use efficie ncy
programs must have the flex ibility
to adjust to widely varying local
ci rcum stances recognizing that one size
does not fit all. Cal Cities encourages
each city to develop its own ordinance
outlining its conservation plan .
dtertl l#!lS • ~B::ilfel;@ g I 21
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
7. Urban Water Conservation and Water
Use Efficiency . In urban areas, Cal Citi es
advocates for the implem entat ion of
residentia l and commerci al retrofit
prog ram s, innovat ive pricing strategies,
wate r-effici ent landscaping, including
the implementation of urban Best
Management Practices (BMPs).
Cal Cities encourages cities to consi der the
Ahwahnee Water Prin cip les for Resource
Efficien t Land Use whe n making futur e land
use decisions. (http://www.lgc.org/about/
a hwa hnee/h2o-pri nci pies/)
a. Agricultural Water Use Efficiency. In
agricultural areas, Cal Cities advocates for
incent ive-based programs.
Ill. WATER RECYCLING
1. Whereve r feasib le, wat er recycl ing
should be p ractice d in urban, industrial,
and agricu ltural sectors. Thi s includes
increasing the use of recycled water ove r
2002 levels by at least one mil lion acre
feet/yea r (afy) by 2020 and by at least two
million afy by 2030.
2. Potable water shou ld inclu de as much
use of reclaimed water and water
conse rvation by 2030 as poss ible.
3. Increased recycling, reuse, and other
refi nemen ts in water m anagement
pract ices should be includ ed in all water
supp ly programs.
IV. WATER QUALITY
1. General
a) Cal Cities su pport s the development
of objectives and sta ndards to assure
high -quality wate r th roug hout
Californ ia. Surface and groundwater
should be protected from
contamin ation.
22 I l'l!<A't:&hf?5l23www.calcities.org
b) Cal Citie s supports effo rts to provide
safe and affordabl e drinking wate r
across the state. However, Cal Cities
opposes impo sing a tax on wate r as a
funding mechanism.
c) Cal Cities support s the deve lopment
of econom ic protocols and guidel ines
to assist local governments and wate r
boards in determining reasonably
achievab le, cost-effec t ive, and
environm ental ly sound regulations.
d) Cal Cities supports the ability of cities
to enact discharge and water quality
requir eme nts or standards that are
stricter tha n state or federal sta ndards
and opposes efforts to restrict suc h
authority.
e) When addressing contamin at ion in
a wate r body, water boards should
place priority emphasis on clean -
up strat egies targ eti ng sources of
pollution, rather than in-stream or end
of-pipe treatment.
f) Cal Cities enco ura ges water boards
to addre ss cross-media pollution of
water including, but not limit ed to, the
problems of atm ospheric deposition of
water pol lutants.
g) Cal Cities encourages all state offices,
depa rtmen ts, and boards to comp ly
with state policy for wate r quality
cont rol, including compl ian ce with the
Basin Plans.
h) Cal Cities encourages Fede ral and
St ate Governme nts t o ensure proper
funding to the U.S-Mexico Border
Water Infrastructure Prog ram to
address issues related to cross-borde r
pollution.
Item #3 Page 54 of 102
ENVIRONMENTAL QUALITY: CALIFORN IA WATER GUIDELINES
2. Water Board Reforms
a) Cal Cities generally support s the
concept of water board refo rm .
b) Any water board reforms shou ld
recognize the inherent differences
between cities and regions in
California.
c) Water board reform shou ld recognize
the symbiotic relationship between
regional water qual ity 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 loca l
government representative on the
State Water Board.
e) Cal Cities supports streamlining the
board process, incl uding delegating
permit authority to the executive
officers, with rights of appea l, and
giving greater authority to the State
Water Board over regional boa rd
policies and decisions.
3. Basin Plan Updates
a) Cal Cities supports the optio n of local
agencies developing funding for basin
plan updates.
b) Cal Cities supports comprehensive
updates to the basin plans that
recognize the unique and varied
nature of stormwater. Basin plans
need to recognize t he uniqu e and
varied nature of stormwate r, bot h wet
weather and dry weather run off.
c) Basin plan updates shou ld comply
with the Porter-Cologne requirements
to recognize econo mic impacts, local
drainage condit ions, and scientific
consensus, including source control
and atmospheric deposition strategies.
Nov. 14,2023
4. National Pollutant Discharge
Elimination System (NPDES) Permits
a) Cal Cities supports reform of the State's
Water Board's administration of the
federal NPDES program.
b) Cal Cities encourages the water boards
to issue permits that are reasonably
achievable, based on th e un ique
condit ions of a city or region.
c) Cal Cities supports regu lations and
legislation that promotes watershed
management, t hat appropriately
spreads the responsibi lity for clean
water beyond the requirements that
apply to point-source dischargers,
municipa l sto rm drain systems and
publicly-owned treatment works.
d) Cal Cities generally opposes legislation
that requires the use of numeric limits
in waste discharge perm its, especia lly
in stormwater permits, because of t he
difficulties in meeting them, prob lems
with exceeding them, and the cost and
potentia l enforcement impacts.
e) Cal Cities supports the development
of a standard definition of "maximum
extent prac ticab le."
5. Total Maximum Daily Load (TMDL)
a) Cal Cities supports the development of
reasonably achievable, environmental ly
sound, and cost-effective TMDL's based
on mon itoring and sound science and
addressing local water cond itions.
b) Although Cal Cities is supportive of
local agency deve lopment ofTMD L
funding, greater emphasis needs to
be given to state and federal funding
of the TMDL program, including
providing increased funding to local
government for implementation.
Cltel?lllB S • ~SlS: ioM,6~ I 23
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
c) Cal Cities supports 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
supports public access to decision
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.
c) Safe Harbor. Cal Cities supports
legis lation that provides immunity
from f ines or third-party litigation for a
local government that is in comp liance
with the maximum extent practicab le
iterative best management practices
d) Mandatory Minimum Penalty (MMP) .
Cal Cities supports legislation to
modify the MMP provision of the
existing law to make them fair and
equitable for local governments.
This would include eliminat ing the
provisions relied upon to compound
penalties fo r single violations and
providing economic hardship
exemption for small cities (50,000 in
popu lation or less) where there have
been no signifi cant adverse impa cts
on the publ ic or the environment from
the alleged violation.
24 I ft<A't <!Ai1£?s)2.3www.calcities.org
e) Economic Analysis. Cal Cities supports
legis lation to develop economic
protocols and guidel ines to assist local
government and the water boards in
determin ing reasonably achievable,
cost-effective, and environmentally
sound regulat ions, as outlined in
Porter -Cologne Sections 73000 and
73247.
f) Basin Plans. Cal Cit ies supports
legislation allowing loca l agencies
to participate in funding basin plan
updates.
g) Water Softeners . Cal Cities supports the
right for cities to enact ordinances that
restrict the use of water softeners .
h) Local Discharge Prohibitions . Cal Cities
supports legislation that wou ld enable
cities to adopt ordinances that limit or
regulate industrial discharges into local
sewers and storm drains, based on
limits in municipal discharge permits.
7. General Water Quality Guidelines
a) Protection and ma intenance of
objectives and standards to assure
high -quality water throughout
California is essential. Beneficia l uses
of surface and groundwater should be
protected from contamination , even
when treatment methods are available
to meet drinking water standards.
b) Local, state, and federal governments
and the private sector should provide
for the safe management of hazardous
materials , including mining leachates,
to avoid pol lution and degradation of
both surface water and groundwater.
c) Adequate research funding to
determine appropriate publi c health
standards for water should be
supported.
Item #3 Page 56 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
d) Additional research and education in
the application and use of herbi cides
and pesticides and alternatives to their
usage as well as research to redu ce
industrial and household hazard ous
wastes should be suppo rted .
e) The impo rtan ce of wat er qu ality of
bays, estuaries, groundwater, and
ot her bodies of water important to
municipalities, including the problem
of saltwater intrusion , should be
recogn ized.
V. AREAS OF ORIGIN
1. Ultim ate reaso nable and beneficial
wate r n eeds of all areas of origin shou ld
be assured. State law should continue
to provide that only water surplu s to
the reasonable and beneficia l needs of
the areas of origin m ay be export ed. Cal
Cities supports preserving the principle
of protecting the water right s of areas of
origin.
2. Areas of origin protections shou ld apply to
all water sources, includ ing groundwater.
3. Reasonab le and beneficial water needs
of the areas of origin should includ e
instream needs or uses, including
rec reation and sediment flu shing.
4 . Areas of origin shou ld be afforded
financia l assistance , such as the Davis
Grun sky type bonds, in developing new
wate r facilities.
s. Projects that export water from areas of
origin should not increase the cost of new
loca l water development projects.
6. Those features of new projects that are
required by state and/or fede ral agencies
to enhance area of origin recreatio n, fish,
wi ldlife, and water quality shou ld be the
financial responsib ility of the st ate and/o r
federal government.
Nov. 14,2023
7. New pol icies and programs should not
undermine or alter the wat er rights of
the entities impleme nting the policies or
progr am s.
VI. WATER STORAGE
1. Cal Cities believes that Californ ia needs
to develop additional wate r sto rage and
therefo re believes that the construction
and retenti o n of economically feasib le
and environm ent ally sound flood control,
storage and mult i-use projects that wi ll
meet present and future needs should be
su pported .
2. The development of add itional su rface
facilitie s and the use of groundwate r
basin s to store surfa ce water that is
surplu s t o that needed to main ta in State
Water Resource Control Board (SWRCB)
Bay-Delta estuary wate r qualit y standards
should be support ed.
3. Cal Cities encourag es proj ect developers
to mit igat e the negative im pacts of water
storage projects on fis hery and w ild life
resources, adjacent lands, water quality,
and recreation.
VII. CONVEYANCE SYSTEMS
1. Statewide
a) Conveyance facilities including , but
not limit ed to, the Sacram ento River,
whether man-made or natural, sho uld
be constru ct ed and/or operate d
t o minimize seepage and erosion
problems and, whe re practicable, to
restore or m aintain river funct ions and
to protect previously exist ing ripa rian
habitats. They shou ld be constructed
to mitigate these problems and other
adverse impact s on adjacent lands .
b) The owner or purveyor of the wate r
conveyance system should be
responsible for corre cti ng adverse
CltetriltB S • ~Sl1: ici~i6~ I 25
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
impacts, i.e., erosion, seepage, and
sedime nt problems upon waterways,
either anthropogenic or nat ural.
c) Environmentally-sound methods of
erosion-control should be encouraged
along river banks to protect adjacent
lands from flood or other erosive flows
provided any adverse impacts on fish
and wildlife habitats are mit igated.
d) Local distribution systems should
be interconnected with regional
systems, where feasible, to assist in
maximizing the use of local ground
and surface waters during droughts
and emergencies.
e) Solving the water quality, levee
stability, and fishery problems 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 wh ich must be addressed
in the operation of existing projects
and the design offuture projects.
2. Delta
a) Conveyance of water across the Delta
should be throug h existing channels
wherever possible. Delta transfer
system improvements should be
constructed and operated so as to
min imize or, if possible, eliminate
reverse flows in the lower San Joaquin
River.
b) Construction of Delta transfer
facilities should not proceed until the
Department of Fish and Game and
the Department of Water Resources
have entered into an agreement to
implement meas ures to offset the
26 I l'i<A'l: dA-,iis):B.,vww.calcit ies.org
State Water Project's impacts on the
Delta fisheries and other ecologica l
concerns in the Bay-Delta estuary,
which are shown to be adversely
affected by the proposed transfer
facilities.
c) Implementation of an integrated
program of rehabilitation and
maintenance 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
fairly allocated among beneficiar ies of
such a program.
d) Until an integrated Delta levee
program is initiated, the Delta levee
maintenance program, (by former
California Sen. Howard Way), California
Water Code Sections 12980 -12991,
should be funded and implemented.
e) Any Delta governance and/or water
management structure should include
loca l government representation from
t he Delta region.
f) When assessing conveyance projects,
Cal Cities encourages cities to consider
the guidelines outlined in other areas
of this document.
g) Protection, as well as enhancement
where practicable, of Delta water
quality, whi le providing adequate
future supplies for all segments of the
state, should be required.
h) Standards balancing the protection
of all benefic ial uses of Bay-Delta
waters, includ ing water flowing into
or exported from the Delta, must be
adopted by the SWRCB and enforced
Item #3 Page 58 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
to protect the environmental healt h of
the Bay-Delta system. Pollution from
point and non-point sou rces into t he
Bay and Delta shall be contro lled as
stringently as practicable.
i) Programs and facilities to assure safe
drinking water for importing reg ions
dependent on the Delta shou ld be
supported.
j) The SWRCB should assure continued
monitor ing for contaminants in the
Delta.
VIII. FLOOD MANAGEMENT
1. Cal Cities believes that our citizens have a
reasonable expectation that t heir federal,
state, and local governme nts will work to
protect them from flooding.
2. Cal Cities believes that flood protection
and management is a statewide issue,
invo lving flood infrastructure issues
related to levees, urban/suburba n/rural
creeks, streams and rivers, and alluvial
fans.
3. Cal Cities believes that it is important
to recognize that levee failures in the
Sacramento-San Joaquin River Delta have
water qua lity, water supply, and economic
impacts that may have statewide effects
beyond the local or regiona l levee brea k
situat ion.
4 . Flood control issues requ ire cooperat ive
planning, evaluation, and solutions
that uti lize a regional and statewide
perspective, such as the state IRWMP
process.
5. In assessing p roblems and proposing
solutions, it is important to consider t he
differences betwee n infill deve lopment
and new, greenf ield deve lopment.
6. The pub lic safety and health of California
cit izens and the economic hea lth of
Nov. 14,2023
California communities and our state
depend upon good flood protect ion.
This includes the potent ially devastating
impacts of floods on homes and
businesses.
7. Cal Cit ies supports effo rts to improve
communication, coopera tion, and better
coordinate d planning between different
government agencies invo lved in flood
management. Cal Cities believes that
there must be a genuine partnership
between stat e and local agencies in
addressing flood contro l issues.
8. Cal Cities be lieves cities must ask the right
questions and have t he means to obta in
accurate information prior to approv ing
deve lopment in floodplains. This involves
educating elected officials and staff
about whether their city is located in
a floodplain, the loca l flood control
infrastructure, t he agencies that are
responsib le for providing flood protection,
t he status of levees and other structures
that provide flood protection, emergency
response, and evacuation protocols, and
how thei r city wou ld be impacted by
flooding .
9. Cal Cities be lieves that city offic ials should
understand that a 100-year flood zone
does not mean a low, once-in-700-years
risk of flooding. The designat ion actua lly
mea ns that t here is a 1% cha nce of
flooding in any given yea r. This translates
to a 26% chance of flooding over the life of
a typical 30-year mortgage.
10.Cal Cities supports a 200-year flood
standard for cities in the Sacramento-San
Joaquin and Cent ral Valleys.
11. Cal Cities generally endorses the
recommendations of t he state's Flood
Control Task Force, especia lly those
recommendations involved in updating
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 Federal Emergency
Management Agency (FEMA) should
work col laboratively with state and local
governments regarding flood issues.
IX. GROUNDWATER
l. The SWRCB, through the regu latory
process of its regional boards, should
ensure the highest possible quality and
safety of groundwate r by preventing
contamination from point and non-point
sources, especially for usable water.
2. Local drilling, sealing and abandonment
ordinances for wate r supp ly and
monitoring wells for the protect ion of
groundwater and public health should be
supported.
3. The princip le that local entities within
groundwater basins (i.e., cities, counties,
special districts, and the regional
water quality control boards) working
cooperatively should be respons ible
for and involved in developing and
implementing basin-wide g roundwater,
basin management plans should be
supported . The plans should incl ude,
but not be limited to: a) protecting
groundwater quality; b) identifying
means to correct groundwater
overdraft; c) imp lementing better
irrigation techniques; d) increasing
water reclamation and reuse; and e)
refining water conserv ation and other
management practices.
4. An active state and federal role in cleaning
up contaminated groundwater basins
shou ld be supported.
5. State and federal involvement, if
requested, in deve loping groundwater
28 I tt9,.'{; <!t't,1i;sJ23www.calcities.org
management plans should include
technical assistance for defining the
characteristics of g roundwater resources.
6. Financial assistance from state and
federal governments should be made
available to requesting loca l agencies
to develop and implement their
groundwater management plans.
7. Planned, joint use of surface and
groundwater and the deve lopment
of incentives for such conjunctive use
for increased efficiency shou ld be
encouraged.
8 . Early development of a cost-sharing
formula among all beneficiaries to fund
groundwater replenishment projects
should be supported.
9. The importat ion of additiona l
supplemental water, consistent with
Section VI Conveyance Systems, as one
means of eliminating groundwater
overdraft in the critically overdrafted
basins should be supported.
X. FISH AND WILDLIFE
l. Protection, maintenance, and restoration
offish and wi ld life habitats, resourc es,
and their beneficial uses, including
recreational and commercial uses,
should be supported. Where feasible,
enhancement offish and wild life habitats
should be provided .
2. Water projects shall mitigate adverse
impacts on fish and wildl ife resourc es.
Mitigation measures shal l 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 eliminate unnecessary barriers or
impedim ents to f ish migration, stabi lize
areas of streambank erosion, increase
Item #3 Page 60 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
spawning and rear ing habitat for fish, and
mainta in riparian vegetation for cover and
temperature control.
3. Protection and restoratio n of documented
fish hab itats shou ld be supported.
XI. DRAINAGE
1. Agricultural Drainage
a) Finding long-term, econo mi cally
feasible, and environmentally
sustainable solutions to agricultura l
drainage problems is essential and in
the public interest. Solutions must be
safe and environmentally acceptable in
order to protect:
» Viability of agricultural lands;
» Rivers, estuaries, and groundwater
from potential degradation from
agricu ltu ral d rainage; and
» Water qual ity for public
consumption. Drainage of
agricu ltural lands must be part
of current and future agricultural
water project planning and
implementation.
b) Both state and federal funding
should be prov ided to investigate: a)
further improvement in irrigation and
drainage management 'practices and
conservation; b) evaporation ponds; c)
deep-well injection; and d) desalination
and other treatm ent technologies.
An equitable cost -sharing formula for
imp lementing solutions to existing and
fut ure drainage problems shall include
state and federal governments and
irrigation project beneficiaries.
3. Other (Run-Off)
a) Finding safe and environmentally
acceptable solution s to problems
ca used by run -off from non-po int
Nov. 14,2 023
sources is essential and in the public
interest.
b) Similarly, finding safe and
environmentally acceptable solutions
to other drainage and run -off
problems, such as those caused by
mining, da irying, and forest practices,
is essential and in the pub lic interest.
c) Equitable cost-sharing among
appropriate pub lic and private bodies
for implementing solutions to urban
and other run -off problems should
occur.
XII. RECREATION
1. Water development projects should
minimize adverse impacts to existing
recreational uses and prov ide new
recreational opportunities where feasible.
2. The stat e and federal governments and
the recreational users should bear the
recreational development costs of water
projects .
3. Operation and maint ena nce costs
of recreational faciliti es developed in
conj unction with water proje cts should be
provided from on-site user fees and other
applicable sources. Other costs incurred
as a result of these recr eational activities,
such as law enforcement and emergency
rescue, should receive appropriate
assistance from state and federal sources.
XIII. NEW TECHNOLOGY
Development of new techno logy in water use,
reuse, desalination, detoxification, and so forth
is encouraged. This should be primari ly funded
by the federal and state governments. Public
private partn erships in this research also shou ld
be enco urag ed. A high priority shou ld be given to
the protection of pub lic health. New technology
should be evaluated based on sound science .
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
XIV. FINANCIAL CONSIDERATIONS
1. It is recognized that:
a) The development and operatio n of
water suppl y, water conveyance, flood
contro l and stormwater management,
water storage, and wastewater
treatment facilities is frequently
beyond the capab ility of loca l areas to
finance;
b) Sin ce most facilities have widespread
benefits, it has become traditional for
fede ral, state, and local governments t o
share their costs; and
c) It is necessary that such sharing
be continued and that different
inst itutional arrangements including
cost-sha ring formu las among
all beneficiaries, public-private
partne rships, and user fees should be
explored.
d) The requiring agency (whether it be
state, federal, or othe rwise) should pay
for the features of projects or programs
that are required by that agency.
e) Cal Cities supports legislation to
provide funding for stormwater,
water, and wastewater programs,
including a constitutional amendment
or legislation which would place
stormwater fees in the category
of water and wastewater fees for
the purposes of Proposition 218
compliance.
f) Any agency that regulates water with
regard to local governmen t s needs to
be involved in the appropria t e city with
regard to how the city wil l pay for the
new regulatory burden imposed by the
agency.
30 I l't<;h_\(; t!tt 11;§)23 www.ca lcities.org
Appendix A
State Water Resources Control Board Water
Quality Improvement Initiative (2008)
1. Water Qua lity Improvement Initiative Item
#1 (WQI 7): Cal Cities supports applying the
70% rule "One Per Region Basis"
2. WQI 2: Cal Cities supports staggering the
reg iona l 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
the exception that at least one person
o n the regional board should have loca l
government experience .
4. WQI 4: Cal Cities supports delegating
permitt ing autho rity to the regional water
board executive officer and that the
executive officer should take his or her
direction from the State Water Resources
Control Board (SWRCB).
5. WQI S: Cal Cities is opposed to regional
water board's hav ing full -time chairs.
6. WQI 6: Cal Cities is opposed to the
creation of a statew ide council of full
time regional water board chairs. (Note:
Water Discharge Subcommittee memb ers
believe that it may be helpfu l to combine
a numb er of regional boards into larger
regional boards to address areas that
are simi lar (e.g., Los Angeles and Orang e
County). A large regional board could
bring more consistency to basin plan
management. Any inconsistencies
between the regional boards should be
addressed by the state Board.)
7. WQI 7: Cal Cities supports the
implementat ion of biennial priority
setting based on the Strategic Plan, w ith
six-month updates by the regional water
boards.
Item #3 Page 62 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
8. WQI 8: Cal Cities is opposed to allowing the
SWRCB to make the TMDL environmenta l
process subject to NEPA instead of CEQA.
9. WQI 9: Cal Cities supports requiring a
TMDL to be affirmat ively approved by the
State Water Board or upon petition.
10. WQI 10: Cal Cities supports requiring the
regiona l water board to consider costs of
TMDL compliance.
11. WQI 11: Cal Cities supports authoriz ing
the SWRCB to make changes to TMDLs,
rather than remanding t hese decisions
back to the regional water boards (Note:
Subcommittee members believe that this
policy should be tied into WQl#9).
12. WQI 12: Cal Cities has no posi tion on
co nfirmation of regiona l water board
conflict of interest rule s with the Polit ical
Reform Act - (Note: the Subcommittee
asked for a legal opinion. The question is:
"W hat 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 positi on on
the establishment of civi l penalties for
fraudulent information with regard to
report ing by permitees.
14. WQI 14: Cal Cities is generally 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 addit ional authorizatio n of district
and city attorneys to pursue c ivil 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 (MMP) to one vio lation, and the
Nov. 14, 2023
population limit to qualify under the MMP
law as a small , d isadvantaged community
for a single missing report should move
from 10,0000 to 50,000 (in accordance
with federal law).
17. WQI 17: Cal Cities has no recommendation
on early payment of MMP violations.
18. WQI 18: Cal Cities supports the enhanced
ability of the Regional Water Boards
to administrat ively enforce state
Underground Storage Tank (UST)
Requirements.
19. WQI 19: Cal Cities supports enhanced
overs ight of UST testers.
20. WQI 20: Cal Cities supports moving the
SWRCB Enforcement Report dead line to
July 1.
21. WQI 21: Cal Cities supports the SWRCB
developing and implementing
performance measures
22. WQI 22: Cal Cities supports im proved data
management systems for the SWRCB.
23. WQ I 23: Cal Cities general ly has no
recommendation on the standardization
of N PDES permits and believes that this
issue should be worked out with the
ind ividual regiona l water boards.
24. WQ I 24: Cal Cities genera lly has no
recommendation regarding the update of
SWRCB Strategic Plan.
25. WQI 25: Cal Cities supports SWRCB
conducted traini ng of regiona l water
boards, provided the SWRCB both
conducts the training and sets consistent
standards statewide.
0tert1I111:s • ~ofei@ g 1 31
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Appendix B
GLOSSARY
■ Affordable: A word used increasingly to express
concern whethe r recipients of water wi ll be
able to meet the cost. Whether peop le view
water as affordable wi ll depend on many
factors.
■ Agricultural Drainage : Usually refers to
installed drains to perm it removal of water
which accumulates within a plant root zone.
May be essential to maintain a favorable
salt balance for plant growth. May contain
selenium, salinity, pesticides, herbicides, etc.
■ Area and County of Origin Protections: Refers
to legislative provisions for protecting water
rights of these areas.
■ Area of Origin Law: Applies to a watershed
or area wherein water originates, or an area
immediately adjacent thereto which can be
convenient ly supplied with water therefrom.
Because this law was enacted as part of the
Central Valley Project Act, it applies to the
Sacramento River watershed. The Burns-Porter
Act subsequently defined the Sacramento-
San Joaquin Delta to be part of the watershed
of the Sacramento River. Gives area of origin
preferential rights regarding operation of
federa l Centra l Valley Project and to contract
for State Water Project water and to certain
rights to construct projects or make diversions,
provided use is reasonab le and beneficia l.
(California Water Code Sections 71128, 71460-
77463).
■ County of Origin Law: Prohibits State Water
Resources Contro l Board from the assignment
of rights which will deprive a county in which
the water originates of such water necessary
for the development of the county. (California
Water Code Section 70505).
32 I ~'t'.:dth!Wl3www .calcities.org
■ Delta Protection Act: Establishes that an
adequate supp ly of water in the Delta is
necessary to the peace, health, safety, and
welfare of the peop le of the state, except that
del ivery of such water is subject to County
of Origin and Area of Origin laws. (California
Water Code Sections 12200-12220).
■ California Wild and Scenic Rivers Act and
Federal Wild and Scenic Rivers Act: Establish
certain rivers or sections of rivers to be
preserved in the ir f ree-flowing condition. The
California law (California Public Resources Code
Sections 5093.50-5093.65) allows domestic
water diversion for residents of counties
through which the river flows, provided the re
is no adve rse effect upon the free-flowing
character of the river. California law finds
that t he free-flowing state of such rivers is
a reasonable and beneficial use w ithin the
meaning of the state constitution.
■ Atmospheric Deposition: The transfer of
pol lutants suspended in the air to the earth's
surface. Pollutants move direct ly from the
atmosphere into water bodies through
precipitation, falling particles, or the absorption
of gases into water. They also may be deposited
over land and transported to water bod ies via
runoff. Atmospheric deposition is believed to
be a significant source of various pollutants to
many water bod ies.
■ Basin Plan: The Regiona l Water Qual ity
Control Plan adopted by a regiona l water
quality contro l board for that board's area of
responsibi lity in California. (See Cal. Water
Code Section 73240). The basin plan establ ishes
water quality standards, uses, and other criteria
for surface and ground waters.
■ Best Management Practices (BMPs): Methods,
measures, or practices designed and selected
to reduce or eliminate t he discharge of
pollutants to surface waters from point
and non point source discharges, including
urban runoff. BMPs include struc t ural and
Item #3 Page 64 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
nonstr uctural controls, and operation and
maintenance procedures, which can be
applied before, during, and/or after pollution
produc ing activities.
■ California Toxics Rule (CTR): A federa l rule
adopted by t he U.S. EPA on May 19, 2000, which
estab lished numeric criter ia for various priority
pollutants for California . The rule can be found
at 65 Federa l Register 31682-31719, and was
cod ified in the Code of Federal Regulations at
40 CFR 137.38.
■ Characteristics of Groundwater Resource:
Include qua lity, quantity, rate of renewa l, and
yie ld.
■ Clean Water Act (CWA): A comp rehensive
water quality statute (33 USC 1241 et seq.). The
CWA was first adopted by Cong ress in 1972 and
later amen ded in 1987 to apply to stormwater/
urban runoff. The CWA was designed to resto re
and maintain the chemical, physical, and
biologica l integr ity of the nation's waters to
support "the protection and propagation of
fish, shellfish, and wild life and recreation in and
on the water."
■ Coliform: A group of related bacter ia that
are genera lly benign to humans. They are
natura l and common inhabitants of the soil
and ambient waters (e.g., lakes, rivers, and
estuaries), as well as the gastroin testinal tracts
of anima ls.
■ Compensation: Full replacement for
unavoidab le fish and w ildl ife resource losses
in terms of habitat area and long -term
renewabi lity of the quality and quantity of
such resources. In the interest of clarification,
compensation does not mean monetary
payment as a substitute for replacement of
resources losses.'
• Conjunctive Use of Surface and Groundwater:
Planned joint use of surface and groundwate r.
This usually invo lves maximizing the use of
surface wate r in wet years (with minimum
Nov. 14,2023
groundwate r pumping) and using any surplus
surface water to recharge groundwater, and
in dry years augmenting surface supp lies by
drawing on t he sto red groundwater.
■ Conservation: Fish and wild life resource loss
prevention, mitigation, and compensation.
■ Conservation (of Water): Means efficient use
of water. Also means reducing wate r losses or
elimi nating waste ; stor ing water for water use;
preserving water quality.
■ Contamination: An impa irment of the quality
of the waters of the state by waste to a degree
that creates a hazard to the public health
throug h poisoning or th rough the spread of
disease. (Californ ia Water Code Section 13050)
(See "Pollut ion").
■ Contamination Sources:
» Point Discharge: Sou rce is identifiable, as
from a pipe or d rain ditch.
» Non-Point Discharge: Sources are more
diffuse and not easily ident if ied w ith
well-defined outlets; includes ru noff from
ag ricul tural or fo rested land, general
urban runoff, except where collected in
identifiable dra ins.
» Cross-Media Pollution : The contribut ion
or "flux" of pol lution from one
environmenta l medium to another. (For
instance, the transfer of pollutants from
t he atmosphere to water.)
■ Davis-Grunskv Bond: This legis lation
estab lished a bond fu nd to facilitate the
financing of projects in counties w ith limited
' financia l resources.
■ Demand/Need: "Demand" usually refers to a
statement of water requirements that may
be projected on t he basis of past water use
practices . In contrast, "need" is intended to
refer to water t hat is truly needed to satisfy a
purpose if water is efficiently utili zed.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Delta : Refers to the Sacrame nto-San Joaquin
Delta. 700,000 acres of islands, waterways,
levees, and lands into which the natural runoff
flows from the Sacramento, San Joaqu in,
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 wildli fe resource values of the area
affected by a project beyond that which wou ld
occur w ithout the project.
■ Enterococcus: A non-co liform bacteria group
used as an indicator of the presence of fecal
material in drinking and recreational waters.
USE PA believes that enterococci have a
better correlation w ith swimming-associated
gastrointestina l illness in both marine and
freshwaters than coliform organisms, and "die
off" more slowly in saltwat er.
• Environmentally Safe: Not a precise technical
term but used to mean actions that have little
or no adverse impact.
■ Econom ically Sound/Feasible: Not a precise
technica l term, but one that refers to a balance
of costs and benefits. Formerly emphasis
was placed on calcu lating benefit-cost ratios.
Uncertainties and possib le abuses in such
calcu lations have raised questions concerning
the usefu lness of suc h calcu lations. Problems
include what types of benefits to involve, as
well as what costs to involve. Many, including
environmenta lly-related benefits and costs,
cannot be adequately quantified.
• Fish and Wildlife Issues: See Compensation,
Conservation, Enhancement, Fish and Wild life
resources, lnstream uses, Loss prevention
measures, Mitigation, Preservation, Protection,
and Restoration.
34 I l't-A'G <!A;,g§l23 www.ca lcit ies.org
■ Fish and Wildlife Resources: Birds, mamma ls,
fishes, amphibians, reptiles, invertebrate
animals, endangered, threatened or rate native
plants, their habitat area, and all types of
aquatic and land vegetation and other factors
of the environment upon which resources are
dependent. (See Fish and Game Code Section
45 for the definition offish).
• Flood Irrigat ion: Used to describe what is
more appropriately called basin and border
irrigation in which land prepared as basins or
land bordered by sma ll levees is irrigated 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 groundwater. Objectives
of groundwater management may include
minimizing (or preventing) adverse effects
such as groundwate r overdraft or qua lity
degradation. (Also see conjunctive use and
wate r management practices).
• Groundwater Overdraft: Where, over a period
of time, groundwater extraction exceeds
natura l or artificia l recharge.
• Indicator Bacteria: Bacte~ia that are used to
assess the microbiological quality of wate r
because, although not typically disease
causing themse lves, they may indicate the
presence of several wate rborne disease
causing organisms. The concentration of
indica tor bacteria is used as a measure of water
safety for body contact and for consumption of
wate r.
• In-stream Uses: Includ e fish, wild life,
recreation, aesthetics, hydropower production,
di lution of contamination, waste discharge,
and sediment transport.
• Local Entities: Includes cities, counties, water
districts, joint powers, etc.
• Loss Prevention Measures : Designing and
implementing measures to avoid immediate
Item #3 Page 66 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
and long-term impacts to fish and wildlife
resources.'
■ Maximum Extent Practicable (MEP): The
vaguely defined standard set forth in the CWA
to be included in Municipa l NPDES Permits
to be comp lied with by municipal dischargers
in order to reduce the discharge of pollutants
from thei r municipa l separate storm sewer
systems. CWA Section 1342 (p)(3)(B)(iii) requires
that permits for discharges from municipal
storm sewers "shall require controls to reduce
the discharge of pollutants to the maximum
extent pract icable, inc luding ma nagement
practices, cont rol 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 resources
through the use of structural and non
structural loss prevention measures in project
design and operations. (See CEQA Guidelines
Section 15370)1 NEPA regulations have a
functiona lly similar definition. NEPA def inition
includes restoration as a mitigation measure,
however.
■ National Pollutant Discharge Elimination
System (NPDES): The program for issuing,
modify ing, revoking, and reissuing,
terminating , monitoring, and enforc ing
wastewate r and stormwater discharge permi ts,
and imposing and enforcing pretreatment
requirements under CWA.
■ Non-Point Source Discharge: Pollution caused
by rainfa ll or snowmel t moving over and
through the ground. As the water moves, it
picks up and conveys natura l and human
made pol lutants, depositing them into
water bodies and gro undwater. Atmospheric
deposition and hydromodification are also
nonpoi nt sources of pollution .
Nov. 14,2023
■ Numeric Limits: Numeric or numerica lly
expressed narrat ive restrictions on the
quantity, discha rge rate, concentration, or
toxicity units of a pollutant or pollutants that
may be discharged from an NPDES permitted
location or outfa ll.
■ Pathogens: Disease-causing bacter ia, viruses,
and protozoans that are transmitted to peop le
when they consume contam inated water.
■ Pollution: An alteration of t he quality of the
waters of the state by waste to a degree
wh ich unreasonab ly affects: (1) such wate rs
for beneficial uses, or (2) faci lities that serve
such benefic ial uses. Pollution may include
contamination . (California Water Code Section
13050: Please see "Contamination").
■ Porter-Cologne Water Quality Control Act
(Porter-Cologne): The California equivalent of
the federa l Clean Water Act. This legislation
established that the State Water Resources
Contro l Board (State Water Board) has the
ultimate authority over state water rights,
water qual ity policy, and the nine regional
water qua lity control boards (regional water
boards) which oversee water qua lity on a day
to-day basis in their geographic regions .
■ Preservation: Maintenance and protection of
fish and wildlife resources at levels that existed
prior to the commencement of a (the cu rrent)
project. Preservation is achieved through
mitigat ion for avoidab le resource losses and/or
compensation for unavoidable resource losses
and/or compensation fo r unavo idable resource
losses. The term "preservation" is synonymous
with "conservation" as used in the U.S. Fish and
Wild life Coordination Act. Preservat ion does
not assume that restoration will occur, but it
could.
■ Project Benef iciaries: Those who gain value
in some fashion from any of the fo llowing:
water supp ly, flood control, power generat ion,
recreation, salinity repulsio n, w ildlife.
CJtEmllBS • ~ 61li<mi6?g I 35
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Protection : Department of Fish and Game
appears to use this term when referring to lega l
enfo rcement by wardens. (See Preservation
and Conservation).
■ Real Water Savings: Simp ly means t here is an
"actua l" savings of water t hat cou ld be put to
other use.
■ Reasonable and Beneficial: Depends on the
facts and circumstances of each case. What
is a beneficia l use at one time may, because
of changed condit ions, become a waste of
water at a later time. (Tulare Irrigation District
v. Lindsay-St rathmore Irrigation Distr ict). The
courts have dete rmined the law requires an
evaluation of the ascertainable facts in view
of the increasing need for water conservation
within California.
• Beneficial uses include: stor ing water
underground if thereafter to be applied to
beneficia l purp oses; use of water for recreation
and preservat ion and enhancement offish and
wildlife resources.
■ Reclaimed Water: Wastewater that has
been cleaned so that it can be used for most
purposes except drinking.
■ Recycled Water: Municipa l and/or industrial
wastewater that has been treated to a
sufficient ly high level that it can be reused
usual ly for non-potable purposes such as
irrigating landscape and refi lling aquifers.
■ Restoration: Means to return to "origina l"
conditions. (Selection or "original" or base
condition is often source of debate.)
■ Reverse Flows: Where the direction of flow in a
channel is reversed, as in the case of channels
in South Delta which normal ly drain towards
San Francisco Bay, but where pumping for
export may cause flow reversal, drawing more
saline water further into the Delta.
■ Sediment Transport : Sediment of various
particle sizes may be carried by moving water.
36 I fi<A'l: c!rt~ !?s)23www.ca lcit ies.org
The size of particles transported by water
increases as velocity rises.
■ Stormwater: Water that accumulates 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 technical
term in water contracts, this is the water
that is available after entitlement water has
been delive red. The amount of surplus water
varies from year to year, gene rally according
to amount of runoff. Surplus water ordinarily
is less expensive to the user than entitlement
water. Reference is also made to water which
is surplus to reasonab le and beneficial uses of
area of origin and Bay/Delta.
• System Expansion: Extension of existing
infrastructure exclusively to serve new
customers in presen tly unserved areas and/
or increase in water supply exclusively for the
same purpose.
■ Total Maximum Daily Load (TMDL): A
calculation of the maximum amount of a
pol lutant that an im paired water body can
receive and still meet appl icable water qua lity
standa rds. A TMDL is to include allocations
for the maximum load a particular source of a
pol lut ant may discharge to the subject water
body. TMDLs are required pursuant to Section
1313(d) of the CWA for water bodies that have
first been listed as being impai red for the
particular polluta nt or pollutants at issue.
■ Triennial Review : A review of water qua lity
standa rds in basin plans that is required at
least once every three years by Section 1313(c)
(l) of the CWA and periodical ly under Section
13240 of the Porter-Cologne Water Qual ity
Contro l Act.
■ Ultimate: Imprecise mean ing. Depends on
time frame.
■ Usable Groundwater: Refers to groundwater
that can be pumped with in the cost and
Item #3 Page 68 of 102
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
technica l constraints appropr iate to the
situation.
■ Water Banking: Not a precise term. Generally
refers to storing present ly surp lus water in
groundwater basins or in surface storage
facil ities.
■ Water Management Practices: Relate to the
varied objectives of irrigation, mun icipa l and
industr ial use. These objectives may not be
compat ible. In genera l, management practices
are deve loped to maximize economic returns
and/or to minimize (or prevent) adverse
environmenta l impacts inclu di ng wa ter
qua lity degradation. Conservation of supp ly,
reuse, treatment for use and waste disposa l,
and the planned conjunction use of surface
and groundwater are all aspects of water
management. (Also see Conjunctive use and
Groundwater management ).
■ Water Quality Standards and Objectives: The
regiona l water qua lity boards set "objectives "
in their basin planning process wh ich are
equivalent to what EPA calls "stan dards." The
"standards" include numerical narrat ive criteria
and plans to implement these criteria.
■ Water Reclamation: Usually refers to remov ing
contam inants in wate r so that the water
can be discharged into a receiving water
without creating prob lems for fish, wildlife,
and other aspects of environment. Also, refers
to water which has been treated to remove
contam inants as required to permit its reuse,
particularly for irrigation of landscaped or
agricu ltural areas.
■ Way Bill (Program): Delta Levee Maintenance
Program. Declares t he Sacramento -San
Joaquin Delta, characterized by islands and
meandering waterways, as a unique resource
of major statewide significance. Reasons are
stated . Declares the system of levees is the
key to preserving the physica l cha racter istics
of the Delta. Finds the re is an urge nt need for
a higher deg ree of levee maintenance and
Nov. 14,2023
. rehabi litation throughout the Delta and 'that
the state has an interest in providing technical
and f inancia l assistance. Establishes that local
agencies maintain ing non-p roject (private)
levees shall be eligible for reimbursement from
the Genera l Fund . Reimbursement shall be at
50% of cost. (California Water Code Sections
12980-12991).
■ 303(d) List of Impaired Waterbodies: The State
is required to prepare a list of water bodies t hat
are polluted, under Section 303(d) of the CWA.
Inclusion of a water body on the 303(d) list
general ly leads to the deve lopment of a tot al
maximum dai ly load (TMDL) for the water body.
Prepared by Robert M. Hagan, Extension Water Specia list, Marcia Kreith, Program Representative, University of California Cooperative Extension, July 1987 and Ken Farfsing, City Manag er, City o f Signal Hill, October 2009.
Sources:
Some of the preceding definitions were derived
from the following sources:
» California Wetlands Informat ion System
Website: Porter-Cologne Act
» Los Angeles MS4 Permit: Basin plan, best
manageme nt practices, maximum extent
practicab le, NPDES permit
» RWA: Cross-media pol lution
» Southe rn Californ ia Coastal Waters
Research Proj ect (SCCWRP) Website:
Atmospheric deposit ion
» State Water Board Website: Numeric
Limits, Triennial Review,
» U.S. EPA Website: California Toxics Rule,
Clean Water Act, coliform, enterococcus,
TMDLs
» U.S. Geologica l Service (USGS) Website:
Indicator bacter ia, 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 specifi cally
exempts local pub lic agencies from the
requirement to negotia te with any labor or specia l
interest gro up about matters submitted to the
voters of that jurisdiction as initiatives or Charter
amendments.
Cal Cities supports efforts to promote, initiate and
improve bot h public and private sector labor
management relations.
Cal Cities oppos es any system of compu lsory
and binding inte rest arbit ration, includi ng
state mandates and the impositio n of binding
arbitration through the initiative process. No
arbitrator board or othe r private person shou ld
have any control, direct or indirect, over local
budgets, revenues, or appropriations.
Cal Cities opposes any legislative action that
requir es the continuation of the terms of any
Memorandum of Understanding (MOU) between a
38 I r-t9..'L: c!A;1[?g23www.cal cities.org
public agency and an employee organization unti l
a successor MOU is agreed upon.
Cal Cities opposes any extension of the State
Public Employment Relations Board jurisdict ion
over local public agency labor relations dispu t es
and charges of unfair labor practices, and also
opposes any interference or intervent ion in local
collective bargaining by all labor-management
relations counci ls or boards.
Cal Cities opposes state-mandated legislation
related to employer/emp loyee relations that are
not m utual ly agreed upon by the local pub lic
agency and its employee organizations, except as
provided by local law.
Public Sector Pensions, Compensation and
Other Post-Employment Benefits (OPEBs)
Pension Sustainability Principles
Public compensation systems programs shou ld be
sustainable, fair to tax payers and employees, and
provide long-term finan cia l stabi lity.
Cal Cities believes that solutions towards realizing
pension system sustainabi lity shou ld be the result
of inclusive stakeho lder col laboration at both the
Item #3 Page 70 of 102
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
local and state level (retirees, emp loyees, emp loyers, Cal PERS).
Cal Cities supports lega l or legislative remedies that facilitate optio ns to restore sustainability to CalPERS benefit plans. As appropr iate to each city, such
actions could include one or more of the following:
■ A sing le benefit level for every emp loyee.
■ Converting all current ly deemed "Classic"
employees to the same provisions (benefits and
employee contributions) curren tly in place for
"PEP RA" employees for all futu re years of service.
■ Temporary modifications to ret iree Cost
of Living Adjustments (COLA) that are
automat ically added to a retiree's pension
benefit paym ent regardless of compe nsat ion
level or CPI.
Cal Cities supports expanded flexib ility for cities
regarding their contract agreements with Cal PERS,
which cou ld include additiona l mechanisms
for exit ing Cal PERS and renegotiating UAL
amortizatio n terms.
Cal Cities supports a change in state law or judic ial
precedent to allow emp loyers to negot iate plan
changes with classic Cal PERS members.
Cal Cities supports legisl ative solutions to address
increas ing costs associated with Industrial Disabi lity Retirement (IDR).
General Pension Principles
Cal Cities supports balanced measures that ensure
sustainab le retirem ent and health care benefits are
offered to pub lic agency employees whi le at the
same t ime ensur ing that pub lic agencies have solid
retirem ent benefits to attract and retain highly
talented employees. Cal Cit ies suppo rts locally
negotiated retirement programs that are fiscally
responsib le, transparent, sustainab le, affordab le,
and equitab le for employees and for taxpayers in
the long-term.
Cal Cities supports reasonable measu res to
ensure that retirement benefits are proper ly
fu nded allowing flexibility to local agenci es to
Nov. 14, 2023
negotiate equitab le cost-sharing with employees
and smoothing the emp loyers' costs during
challenging econom ic times. Cal Cities supports
the long -term susta inability of retiree health
benefits by inclu ding their costs in employer/
employee costs sharin g formulas.
Cal Cities recognizes and supports t he value of
a dependab le, sustain able, employer-prov ided
defined benefit plan for career employees;
supp lemen ted w ith other employee-on ly fu nded
retirement options, includi ng personal savings
such as a 457 Plan. Cal Cities supports further
exploratio n of defined contribution options as part
of futu re pension reform discussio ns.
Cal Cities supports pension portabi lity across all
public agencies to sustain a competent cadre of
California pub lic servants.
Cal Cities suppo rts calcu lating benefits only on
core com ponents; specia l pays such as temporary
upgrade of out of class pay shou ld be eliminated
from fina l compensation calculations.
Cal Cities supports meeting any retirement needs
for part-t ime emp loyees with alternatives to a
defined benefit plan.
Cal Cities supports employee benef its (including,
but not limited to, retirement and disability) and
desires to ensure that income derived from such
sources is non-du plicative.
Cal Cities opposes preemption of charter city
authority over public pension systems.
Cal Cities supports reducing public retirement
benefi t fraud and increasing transparency of other
post -employment bene f its.
Cal Cities supports fu ll participation in the
PERS Coalitio n (PERS/PAC) and its purpose
of monitoring legis lation, polic ies. and action
necessary to maintai n or further the interests of
contracting agencies.
Cal Cities believes that cities wit h retirement
programs must retain the ability to opt out of
Social Security.
CM!eCXr#BS • ~iill ioM.6 ~ I 39
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
shou ld be strictly honored by the state Legislatu re
and the Governor.
CalPERS (California Public Employees'
Retirement System)
Ca/PERS Divestments Policy
Divestment in industries that may run contrary
to environmental or other broad policy goa ls as
an investment strategy can present chal lengi ng
conflicts for Cal PERS in balancing current affairs
agai nst its fiduciary duty to maximize ret irement
investments. Cal Cities supports Cal PERS' priority
to its members as stated in the State Constitution
Article 16, Sectio n 17, "[a] retirement board's duty
to its participants and their beneficiaries shall take
precedence over any other duty."
Cal Cities supports responsib le investment
strategies that balance the short- and long
term ability of Cal PERS to meet it s fi nancia l
commitments to its members.
Any divestment policy must be wel l-vetted
and must include the oppo rtunity to identify
alternative revenue sources consisten t with the
intended impact of the divestment and Cal PERS'
fiduciary responsibi lities 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-te rm success.
Cal Cities supports an exemption for retired
Cal PERS emp loyees, 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 w hen employing and
compensating part-time, seasonal, and temporary
employees (i.e. lifeguards, seasonal maintenance
workers, recreation leade rs, summer camp
40 I ~ ~'f1f1f§23 www.calcities.org
leaders, and other temporary hires, etc.) to include
eliminating the mandate that Cal PERS ret irement
benefits must be provided when the part-t ime,
seasonal, or temporary employee works 1,000
hours in a fisca l year given the costs associated
with the CalPERS retireme nt plan.
Further, Cal Cities supports providing Cal PERS
with information regarding enrol led members
while eliminating the requirement to provide
information regarding employees who are not
members of Cal PERS. Cal Cities also encourages
agencies to suppo rt long -term part- t ime/seasona l
employees by providing proportional retirement
benefits via appropriate mechanisms.
Cal Cities supports having Cal PERS provide
a broader range of formu la choices classes
w ith maximum local contro l and flexibil ity in
negotia ting all options.
Cal Cities supports having Cal PERS provide a
broader range of health plan choices with a
variety of benef it options for all types of member
classes wit h maximum local cont rol and flexibi lity
in negotiat ing all benefit options with active
emp loyees and for retirees.
Cal Cities supports legislation that allows agencies
to offer a variety of diffe rent health care plans
to retired employees that provides adequate,
affordable coverage.
Cal Cities supports legisl ation perm itting cities
to estab lish t heir contributions toward retiree
health premiums th rough the labor relations
negotiating process, including: (a) multi-tiered
contribution levels; (b) vesting eligibility other
t han PERS retirement eligibility; (c) prorated
contribution based on age and/o r length of
service; and (d) different contributions for active
and retired employees.
When discussing pension policy, the tota l cost of
the pension benefit shou ld be considered. In cost
share arrangements, Cal Cities supports shared
employee/emp loyer costs based on t he total cost
of the pens ion benefit.
Item #3 Page 72 of 102
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
Cal Cities supports providing local 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 options to meet local
needs and promote ease of administration.
Cal Cities supports giving government agencies
through the collective bargaining process
the option to extend ret irement ages for
misce llaneous em ployees up to social security
retirement ages.
Cal Cities supports elimin ating the requirement
that any negotiated changes in pension benefits
under the Publ ic Emp loyees' Retirement Law
(PERL) are voted on twice by the affected
emp loyees.
Cal Cities supports a State Constit utional
Amendment to allow emp loyers 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 (prefe rably
with financial expertise) to ensure greater
representation of taxpayer interests with regard to
public pensio n decisions.
Cal Cities supports setting uniform standards and
definitions for disability benefits and evaluat ing
the level of benefit that is considered as tax
exempt. The tax-exempt portion shou ld eit her be
eliminated or allowed on a proportional basis to
the severity of the disabi lity.
If the above reforms prove unfeasible or ineffective,
Cal Cities supports conside ring a stan dard public
employee pension system whe re one benefit level
is offered to every employee as a further option to
restore sustainabi lity to Cal PERS.
Cal Cities supports deve loping a prog ram with the
state to ensu re that pensio n programs offered by
localities are full y transparent and that professiona l actuarial evaluations of unfunded components
Nov. 14,2023
of othe r post-retirement benefits (OPEBs) and
pension plans are comp leted.
Compensation Principles
Employee compensation shou ld be based on each
ind ivid ual agency's overal l philosophy on employee
compe nsation as wel l 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 comp lexity of the job and the
community, as well as the job requirements and
the know ledge, skills, and abilities needed to meet
those requ irem ents.
Cal Citi es believes that emp loyee compensat ion
shou ld be based on job requirements, the
comp lexity of both the makeup of the city
organization and community, the leadersh ip
needed, labor market conditions, ethica l
conside rations of what is just and fair, and the
organ ization's abi lity to pay.
Public compensation systems programs shou ld be
susta inabl e, fair to taxpayers and employees, and
provide long-term financial stabi lity.
Transpa rency of compensation and other benefits
ensures the pub lic is informed about the fisca l
realities local agencies face as they relate to fiscal
obligatio ns.
Cal Cities opposes legis lation t hat wou ld requ ire
employers to pay more than the regular pay for
work on family holidays.
Workers' Compensation
Cal Cities supports legislation and policy that
contro ls escalating workers compe nsation costs to
public agencies and taxpayers.
Cal Cities opposes legislation that wou ld permit
an emp loyee to use more than one legal process
in regard to disability claims (i.e., ADA, workers'
compensation, DFEH), or any other erosion of the
"exclusive remedy" principle as it relates to disability claims covered under workers' compensa tion.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Cal Cities supports reforming the workers
compensation process to incentiv ize employees
ret urnin g 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 t he California
Family Care Leave Laws to the federa l Family and
Medica l Leave Act (FMLA) laws.
Cal Cities suppo rts the special protection of
elected officia ls, county public defende rs, public
figures, and public employees acting in their
offic ial capacity against threat s of deat h or serious bodi ly injury.
Cal Cities opposes legislat ion making it a
misdemeanor to disclose peace office r personnel
records and cit izen complaint records, as well as
prohibiting the use of documents or informa tion
obtained in violation of thi s proced ure in any
administrative proceeding against a peace officer,
and any measure that makes it more difficul t to
discipline the misconduct of police office rs.
Cal Cities supports maintaining the confidentia lity
of personnel matters and protecting public
safety personne l discipline records from pub lic
disclosure.
Cal Cities opposes the mandated inclus ion of
governmenta l entities for Occupationa l Safety
and Health Agency (OSHA) violations w ithout
appropriate compensat ion for the manda t es.
Cal Cities supports legislation to protect the
authority of city emp loyers to request that an
applicant disclose information or use for hiring
decisions information concerning a felony
conviction.
Cal Cities supports the estab lishme nt of a state
program simi lar to that of the federa l AmeriCorps
program that would allow cities and other local
agencies to host service members.
Cal Cities opposes legislation that wou ld allow
employmen t applicants to bring action against the
agency for t aking into consideratio n the ir status as a current or former public emp loyee.
Cal Cities supports contro lling the overall costs of
healthcare t hrough community-w ide actions.
Cal Cities opposes requ iring public agencies to
continue emp loyer contributions for health care
coverage for employees w ho, during the duratio n
of a strike , fall below t he minimum hours worked
t o qua lify for employee health care coverage.
Cal Cities opposes legislation that wou ld interfere
with a city 's ability to maintain a safe workp lace.
Cal Cities is commi tted to ensuring emp loyees
have access to, and are educate d in, sexual
harassment prevention training and supports the
State of Californ ia's production of uniform tra ining
materials to be used to educate employees
on t he prevention of sexual harassment in the
workp lace. As employees move from agency to
agency or betwee n public and private employe rs,
it is importa nt that they have a uniform tra ining
st anda rd related to sexual harassment prevention.
Transparency
Public trust and confide nce in government are
essent ial to the vita lity of a democrat ic system and are the reason ethics laws hold public officia ls to
high standa rds.
Laws alone cannot foresee or prevent all
actions that might dim inish the public's t rust in
governmenta l institut ions. Transparency laws
impose the minimum standards of conduct; to
preserve public trust, public officials shou ld aspire
to conduct that exceeds minimum standards.
State revisions to laws govern ing local agency
tran sparency and ethics should address mater ial
and docume nted inadequacies in those laws and
have a reasonab le relationship to resolving those
problems.
Item #3 Page 74 of 102
GOVERNANCE , TRANSPARENCY, AND LABOR RELATIONS
In order to encourage and facilitate comp liance
with new transparency and ethics requirements,
state laws should be interna lly consistent, avoid
redundancy and be mindfu l of the practical
challenges associated with implementation.
State officia ls and agencies shou ld 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 legisl ation that recognizes the
need to conduct the public's business in pub lic.
To this end, Cal Cit ies supported and was a co
sponsor of the original Ralph M. Brown Act and
supports legislation that conforms to t he inten t
of the Act. Cal Cities also supports the regu lation
of the state and other public agencies to ensure
conformance to the princip les of the open
meetings prov ision in the Ralph M. Brown Act.
Cal Cities opposes legisl ation claiming to enhance
open and public meetings that in practice
unnecessarily complicates the abi lity of a local
governing body to proper ly commun icate with
the public and that discourages communications
among governing body members t hrough
unproductive restrictions and inappropriate
activities.
Cal Cities opposes legis lation that wou ld impose
further unnecessa ry restrictions on the action that
a governing body can take in closed sessions.
Cal Cities supports legislation that recognizes the
realities of other const raints under which a local
governing body must operate that necessitates
judicious use of closed sessions, including:
• The privacy rights granted to individua ls under
the U.S. and California constitutions.
• The personne l issues that have a potential
impact on an individua l's career and potentia l
Nov. 14, 2023
earning capacity and that raise serious liabi lity
questions for a local jurisdiction.
• The protec tion of the taxpayer's interests over
property and othe r acquisitions by a pub lic
agency.
• The proper maintenance of the same attorney-
client privi lege enjoyed by the private sector.
Cal Cities supports legislation t hat includes less
than-a-quorum advisory committees within the
definit ion of "legislative body" as defined in the
Ralph M. Brown Act, if the committee is composed
solely of members of the legislative body whose
subject matter jurisdiction has cumulative ly lasted
two years or less.
Cal Cities supports alternative methods of meeting
public notice requirements and enhancing them
through the use of cost-effective, innovative, and
techno logy-friend ly methods of communication.
Political Reform Act of 1974 (PRA)
Cal Cities supports legislation and regulations t hat
estab lish sound pract ices and principles related to
politica l campaigns. Regu lations and legis lation
that restrict or preempt local authority will be
opposed.
Cal Cities shou ld continue to explore opportun ities
to improve and streaml ine the Political Reform Act
and its implementatio n th rough regulations.
Cal Cities supports an increase in the fee for the
reproduction of statements required unde r the
Politica l Reform Act from ten cents ($0.10) per
page to twenty-five cents ($0.25) per page.
Cal Cities opposes legislat ion that would prohibit
the use of public resources to commence an
action to enjoin the operation of any law or
constit ut iona l amendment that was proposed by
initiative petition and approved by the voters.
Cal Cities supports legisl ation provid ing the FPPC
with the authority to issue opinions to guide local
offic ials in understanding conflict of interest laws,
including Government Code Section 1090.
cM1eml#ss • ~e:itl nioes.e~ 1 43
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Governance and Ethics
Cal Cities supports legislation t hat strengthens the
ethics laws related to the Board of Administration
(Board) for the California Pub lic Employees'
Retirement System (Cal PERS) including banning
the abi lity for former Board members to do
busine ss with Cal PERS.
Cal Cities believes that a statute of limitat ions
for bribery should not begin until the act is
discovered. Cal Cities also believes that in cases
of conspiracy to commit a felony, the statute of
lim itations shou ld be the same as the statute of
lim itations for the underlying crime.
Elections
Cal Cities supports leg islation that reduces any
unnece ssary and cost ly procedures for conducting
a municipal election. Cal Cities opposes legislation
that mandates costl y and unnecessary procedures
related to the election process.
Cal Cities opposes state-mandated conso lidated
election s as they lead to increased costs and move
loca l 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
flexibi lity to fi ll city council vacancies including
extending the appointment period to fi ll a vacancy.
Cal Cities supports mai l ballot elections.
Cal Cities supports the requ irement that the intent
and text of a local ballot measure is to be f iled with the city clerk and published in a newspaper of
general circu lation 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 measure's effects.
Cal Cities supports legislation that faci litates newly sworn citizen's voter registration .
Cal Cit ies supports permitting elections officia ls to administer voter informa t ion electronica lly so long
as such a process remained voluntary to voters.
44 I ~ ~ 1e§23 www.calcities.org
Cal Cities opposes any legislat ion or regulation
that wou ld prohibit lega l action from being f iled
by any person(s) challenging the validity of the
initiative petition or ordinance after the date of the
election.
California Voting Rights Act {CVRA)
Cal Cities supports a process that wou ld allow a
city prese nted with an allegation of a violation of
t he California Voter Rights Act (CVRA) to address
the allegation before any person may file a lawsuit
related to the alleged violation.
Cal Cities supports authorizing cities to convert
from an at- large to a by-district election system
using an ordinance process, thus avoiding possible
California Voting Rights (CVRA) lawsu its and costs
associated w ith gain ing voter approva l at the ballot.
Cal Cities supports modifying the California Voting
Rights Act (CVRA) to provide cities more flexibility
to remedy a pote ntia l CVRA lawsuit by converting
to a rank-choice vot ing (RCV) method.
Recall Elections
Cal Cities supports legislat ion that maintains the
integrity of the recal l process.
Cal Cities supports legislat ion that reduces
the amount of recall abuse while improving,
stream lining, and ensuring tha t the public has full
know ledge of the issues.
Elected Officials
Cal Cities recognizes that elected and appointed
offic ials receive threats and have become
the target of violence at their homes. The
unautho rized pub lication of home add resses
or telephone numbers in newspape rs or similar
periodicals, l ike publications on the Internet, is
a threat to the secu rity of public officials in their
homes. Cal Cities supports legis lation to extend
or provide prote ction to elected and appointed
officia ls from the unauthori zed publication of
t heir home addresses or telepho ne numbers in
newspapers or similar periodi cals.
Item #3 Page 76 of 102
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
Cal Cities supports requiring both elected local and
state officials to maintain the ir place of residence in the jurisdiction they were elected to represent.
Candidates running for elected office with young
child ren often face the practica l reality of paying
for increased chi ldcare to campaign and network
when running for office. Cal Cities supports
increasing diversity of elected officia ls at all levels and supports the use of campaign fun ds to pay
for childcare expenses resulting from a candidate
or off iceho lder engaging in campaign activities or
performing officia l duties.
Legal Issues
Attorney -Client Privilege
Cal Cities recognizes the specia l role of pub lic
agency attorneys in protecting the public inte rest,
while at the same time maintaining appropriate
and criti cal attorney -client confidentia lity. The
basis for this position is the belief that it is the
public agency that is the public agency attorney's
client , not an individua l pub lic officia l. Thus, Cal Cities supports legislation that permits pub lic
agency attorneys to breach attorney-client
confid entia lity to disclose only very serious
w rongdoi ngs whe re internal correct ive measures
have failed or are futi le; the disclosure is made to
narrowly circumsc ribe regu latory agencies and the
public agency attorney follows specific procedures.
Government Liability and Tort Reform
Cal Cities supports legisl ation that limits the
exposure of local governments to lawsuits related
to liability, including, but not limited to such
areas as unimproved natural conditions, design
immunity, hazardous recreational activities, and
injuries due to wild ani m als in public places. Cal
Cities opposes legislation that wou ld undu ly
expose cities to increased liabi lity and cost.
Cal Citie s supports modification s to the joint
liabi lity laws that require t he responsib le parti es in a civil action to pay on ly their fair share of
judgm ent based on t heir relative respons ibility.
Nov. 14,2 023
Private Sector Liability
Cal Cities wi ll work closely wit h private sector
representatives to evaluate the potential for Cal
Cities' support of civil justice reform measures
designed to improve the business climate in
California. These measures shou ld be evaluated
on a case-by-case basis throug h Cal Cit ies' policy
process.
Cal Cities supports legislation that enab les cities
to better prosecute unfair compet ition cases
(Business and Professions Code 77200) in order
to protect consume rs 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
cities from pursu ing unfai r 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,
includi ng taxpayers, recog nizing t he impa ct on
public budg ets.
Data and Privacy Protection
Cal Cities encourages cities to do everything in
their power to protect the privacy of emp loyees
and constituents. However, Cal Cities opposes
mandates that wou ld require, in the event of a
secur ity data breach, cit ies to provide identity theft prevention and mitigation services at no cost to
the impacted persons.
Note: Cal Cities will review new legisla tion to determine how it relates to existing Cal Cities policies and guiding principles. In addition, because th is document is updated every two yea rs to include policies and guiding p rinciples adop ted by Cal Cities during the previous two years, t here may be new, evolving policies unde r consideration or adopted by Cal Cities t hat are not reflecte d in the current version of th is document. However, all policies adopted by Cal Cities Board of Directors or Cal Cities General Assembly become Cal Cities policy and are bindi ng on Cal Cities, regardless of when t hey are adopted and wh ether they appear in t he current version of "Summa ry of Existing Policies and Guiding Principles."
CM!e0'17#8S • ~e;a,ii tiM.6~ 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 relate 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, resident ial 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 ind ividua l
city's land use plann ing and strategic decis ion
making. A city's genera l plan should not be subj ect
to mandatory review by regiona l or state agencies.
General plan requ irements shou ld be flexible
and provide g uidance to local communit ies
without requiring inappropriate levels of detai l
or mandating new topics or elements. Cal Cities
supports guidance by expe rt state agenc ies in
a consultation format but opposes gra nting
mandatory review, certif ication, or other approva l
aut hority to anot her level of government.
46 I ~ ~~l~ ~23www.calcities.org
Water Supply and Land Use Planning
Cal Cities supports having the best informat ion
available on t he reliability of wate r supplies when
land use decisions are made by local agencies
while protecting and retaining local land use
decision- making authority.
Zoning
Cal Cities believes local zoning is a primary
function of cities and is an essentia l compone nt
of home rule. The process of adoption,
impleme ntation, and enfo rcement of zoning
ordinances shou ld be open and fair to the
public and enhance the responsiveness of local
decision-make rs. State policy should leave local
siting and use decisions to the city and not
interfere with local prerogative beyond providing
a constitu t ionally valid proced ure for adopting
local regu latio ns. State age ncy siting of facilities, including 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 78 of 102
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
local community. Cal Cities opposes legis lation
that seeks to limit local authority over parking
requirements.
Housing Element
Housing issues should be addressed in the genera l
plan as other planning issues are. The housing
element should be prepared for the benefit of
local governments and shou ld have equa l status
with the other elements of the general plan.
The projections of regional and local growth and
the allocations of housing units shou ld accoun t
for state and local planning factors and should be
subject to a formal hearing and appea l process
to ensure t hat they are realistic. Cities shou ld be
allowed to work together to allocate housi ng units
among themselves within a subreg ion. Appea ls
should be heard by political ly accountab le officials
at the state and regiona l levels. Allocated housing
units are not a production requirement as cities do
not construct housing.
Cities should focus their efforts on faci litating the
production of below mar ket-rate housing units.
Local government efforts shou ld be subject to
realistic performance standards, not to arbitrary
state agency review of the housing element.
Local government housing efforts should be
rewarded by incentives. These incentives shou ld
include streamlining by not being subject to
the Department of Housing and Community
Development review , priority ranking for
discretionary funds, and new discretio nary funds
available for general fund purposes.
Cal Cities supports and encourages legis lation
that imp lemen ts compre hensive reforms to the
housing element process that:
■ Addr ess conflicts between local growt h
projections and state regional housing need
numbers;
■ Resolve the prob lems associated with the
distribution of RHNA units within a counci l of
governm ents;
Nov. 14, 2023
■ Achieve improveme nts to the housing element
review process;
■ Develop a neutra l dispute resolution process
and fair enforcement 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
consistent;
■ Establish additiona l legal protections for local
agencies that app rove affordab le housing
and that estab lish local pro-active affordab le
housing policies; and
■ Authorize commun ities that achieve
quantifiab le affordable housing production
levels to self-cert ify their housing elements
without being subject to state review.
Housing Finance
Cal Cities supports legislation and state and
federa l programs that assist in providing
financing for affordab le housing, including the
development of fisca l tools and incent ives to assist
local governments in their efforts to encourage
housing and finance the infrastructure to support
housing, as well as establishing an ongoing state
commitment for funding affordable housing.
Cal Cities supports the re-establishment of federal
tax incentives which were in effect prior to 7986
w hich encouraged private deve lopment and
ownership of renta l housing.
Cal Cities supports property tax assessment
policies t hat match local affordab le housing
policies.
Economic Development
Job Creation , Retention, and Expansion
Cal Cities supports legislation that wi ll prov ide
tangible and productive tools and incentives to
support job creation and retent ion in housing
rich,jobs-poor communities, such as the awarding
of direct grants to fund the development of
infrastructu re that results in the creation and
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
retention of jobs; t he elimination of matching
dollar requirements for economic development
and infrastructu re state grants; the provision of
grant funding for infrastructure planning and
design and the creation of economic development
strategies; and, allowing cities the max imum
flexibility in the use of state funds toward local
priorities that support job creation. Cal Cities
also encourages the state to adopt policies and
programs that establish a comprehensive solution
to the infrastr uctu re and jobs/housing needs of all
communities within the state.
Tax Increment Tools
Cal Cities supports the enactment and expansion
of tax increment fi nancing authority for economic
development, infrastructure, and community
revita lization, includ ing the recently enacted
Enhanced Infrastructure Financing District Law
(EIFD). Comm unity Revitalization and Investment
Authorities (CRIA), and Annexation Development
Plans.
Cal Cities supports the enactment and expansion
of state tax incentives that assist city econom ic
development and community revitalization efforts.
Eminent Domain
Cal Cities suppor ts the enactment of fair eminent
domain reforms that protect homeowners and
opposes proposa ls that wou ld cripp le the ability of
state and local agencies to manage development.
Tenant Protections
Cal Cities supports prohibiting land lords from
discriminating against tenants who use housing
assistance vouchers issued under Section 8 of the
United States Housing Act ofl937 and other public
assistance towards their renta l payments.
Cal Cities also supports requiring land lords that
seek to increase monthly rent greater than 10% t o
provide tenants 90-d ay notice before the increase
takes effect.
48 I ~ ~~1e§23 www.calcities.org
Rent Control
Cal Cities opposes legislation that restricts the
abi lity of cities to enact rent contro l ordinances
for mobile homes and stick-bui lt housing
that are tailored to meet local conditions and
circumsta nces.
Cal Cities opposes legislation that wou ld require
a city to adopt a mobi le home rent contro l
ordinance.
Subdivision Map Act
Cal Cities supports max imizing local contro l over
subdivisio ns and pub lic im provemen t financing.
Discretion over the conditions and length of
subdivisio n and parcel maps should be retained by
cities.
Residential Care Facilities
Cal Cities supports permitting cities to exercise
review and land use regu lation of group home
faciliti es and resident ial care facilities in residential neighborhoods including the application of
zoning, building, and safety stan dard s. State and
county licensing agenc ies shou ld be required
to confer with the city's planning agency in
determining whether to grant a license to a
commu nity care facility. Cal Cities recognizes
that better review and regu lation of residential
care facilities wi ll protect both the community
surround ing a facility and the residents within
a facility from a poorly managed facility or the
abse nce of state oversight.
Cal Cities supports state legislat ion to require a
minimum distance of300 feet between all new
and existing residentia l care faci lities. Cal Cities
supports notification of cit ies about conditiona l
release participants residing in group homes.
Development Fees
Cal Cities supports providing local discretion
in the assessment, collectio n, and usage of
development fees. The state shou ld prov ide
infrastructu re funding to help local communities
Item #3 Page 80 of 102
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
meet California's growth demands and to increase
housing affordability. Cal Cities opposes limiting
the ability of cities to levy fees to provide for
infrastructure or services.
Cal Cities recog nizes that school faci lities are a
component of a community's infrastructure and
must be maintained to foster positive outcomes
for youth and economic development. Cal Cities
supports maintaining city discretion over the
extent to which legis lative authority shou ld
be exercised to ful ly mitigate impacts from
development to the adequacy of school faci lities.
Consistent w it h maintaining discretion, cities
should maintain the abi lity to condition and deny
projects that the city determines inadequate ly
mitigate impacts to community schools.
Cal Cities opposes the elimination of any
development fee or tax including excise taxes. Tax
shifts and initiative measures have severely limited
cities' abi lities to provide fo r 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 boundar ies. Sphe re of Influence law shou ld
be mod ified to ban county deve lopment and to
allow cities to annex logica l growth. The Revenue
and Taxation Code should not allow count ies to
block annexations in exchange for unreasonab le
property tax sharing agreements. In add ition,
cities shou ld have expanded authority over
adjacent lands outside of the ir sphere of influence
regardless of jurisdictional lines so long as the land
is not within another city's sphere. Cities shou ld
not be required to incur costs for planning to meet
infrastruct ure needs of unincorporated areas or
leveraged to annex areas which would result in
unfunded costs.
Cal Cities supports facilitating the incorporation of
cities that have met procedura l requirements and
voter approva l. Cal Cities opposes efforts by the
Nov. 14,2 023
Legislature to disincorporate a city for any reason,
unless requested by t he affected city.
Development Agreements
Cal Cities recogn izes volunt ary development
agreements as one too l for providing flexibi lity in
deve lopment approva ls.
Building Standards
Cal Cities supports flexibi lity in the adoption and
implementation of health and safety standards
contained in the build ing codes. Statutes shou ld
maximize local contro l over standards applying to
local conditio ns. Cal Cities opposes new standards
imposed by statute rathe r than regu lation.
Cal Cities opposes attempts to have multiple
state agencies develop specific or subject-re lated
bu ilding standards. New bui lding standards should
be proposed through the California Standards
Commission.
Cal Cities supports authorizing cities to adopt
independent occupancy standards to prevent
overcrowding and associated health and safety
hazards, including fi re-related fata lities.
Housing for Homeless
Housing and programs for home less and other
extreme ly low-income popu lations are necessary
to ensure quality of life and econom ic viability for
all Californians.
Homelessness is a statewide problem that
disproportionate ly impacts specific communities.
The state should make funding and other
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 home less in their
comm unities, incl uding resources fo r regiona l
collaborations.
Homeless housing is an issue that eludes
a statewide, one -size-fits -all solution, and
col laboration between local jurisdictions should be
encouraged .
c .4tem7#8S • ~eaidit>e3.~ I 49
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
State and federa l funding programs shou ld be
designed to reflect responsibi lities imposed by
state and federa l law.
Military Base Closure and Reuse
Base Closures and Reuse
Cal Cities supports local decision-maki ng over
military base closure and reuse. The affected cities
independently 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 facilities. Cities shou ld
work on a regional and interstate basis to mai ntain
economic productivity. Economic reuse includes
both reuse of military facilities and the retoo ling of related ind ustries to continue to provide jobs for
residents of California's cities.
Mobile Home Regulation
Cal Cities supports initiatives that maintain cities
as the enforcement authority fo r mobi le home
regu lation.
Cal Cities supports the preservation of existi ng
mobi le home parks as an important source of
affordable hous ing.
Sign Regulation
Cal Cities supports the authority of cities to
regu late billboards and other signage. Cal Cities
opposes mandatory local abatement programs.
Principles for Smart Crowth
Well-Planned New Growth
Recognize and preserve open space, watersheds,
environmental habitats, and ag ricu ltura l lands,
whi le accommodating new growth in compact
forms, in a manner that
• De-emphasizes automobile dependency;
• Integrates the new growth into exist ing
communities;
50 I i't9,.'(; t!A;1~sJ2.3www.ca lcit ies.org
• Creates a d iversity of affordab le housing near
employment cente rs; and
• Provides job opportuni t ies for people of all
ages and income levels.
Maximize Existing Infrastructure
Accommodate additional growth by first focusing
on the use and reuse of exist ing urba nized lands
supplied with infrastructure, with an emphasis on
reinvesting in the maintenance and rehabilitation
of existing infrastructure.
Support Vibrant City Centers
Give preference to the redevelopment and reuse of
city cente rs and existing transportation corridors
by suppo rting and encourag ing:
• Mixed-use development;
• Housing opportu nities for all income levels;
• Safe, reliable, and efficient mu lti-modal
transpo rtation systems; and
• Retaining existing businesses and promoting
new business oppo rtunities that produce
qua lity local jobs.
Coordinated Planning for Regional Impacts
Coordina te planni ng with neighbo ring cities,
cou nties, and other governmenta l entities so that
t here are agreed upon regional strategies and
policies for dea ling with the regional impacts of
growth on transportation, housing, schools, air,
water, wastewater, solid waste, natura l resources,
agricu ltura l lands, and open space.
Support High-Quality Education and
School Facilities
Develop and maintain high-qua lity public
education and neighbor hood-accessib le school
faci lities as a critical determinant in:
• Making communities attract ive to families;
• Mainta ining a desirab le and livable community;
• Promoting life-long learning opportunities;
• Enhancing economic development; and
Item #3 Page 82 of 102
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
■ Providi ng a workforce qua lified to meet the
fu ll range of job skills required in the future
econo my.
Build Strong Communities
Support and embrace the development of
strong fami lies and socially and ethnically diverse
communities, by:
■ Worki ng to prov ide a balance of jobs and
housing w it hi n the commu nity;
■ Avoiding the displacement of existing
residents;
■ Reducing comm ute times;
■ Promoting community involvement;
■ Enhancing public safety; and
■ Providing and support ing educa tiona l,
mentoring, and recreat ional opport uniti es.
Emphasize Joint Use of Facilities
Emphasize the joint use of existing compa tible
public faci lities operated by cities, schools,
counties, and state agencies, and take advantage
of opportunities to form partnerships with private
businesses and nonprofit agencies to maximize
t he community benefit of existing public and
private faci lities.
Support Entrepreneurial/Creative Efforts
Support local economic development effo rts and
endeavors to create new product s, services, and
businesses that wil l expand the wea lth and job
opportu nities for all social and econom ic levels.
Encourage Full Community Participation
Foster an open and inclusive commun ity dialogu e
and promote alliances and part nerships to meet
commun ity needs.
Establish a Secure Local Revenue Base
Suppo rt the estab lishment of a secure, balanced,
and d iscretionary local revenu e base necessary
to provide the ful l range of needed services and
quality land use decisions.
Nov. 14, 2023
Residential Insurance Policy
Cal Cities believes hom eowners should be insured
fo r the value of rebui ld ing a home to current
bui lding standard s. Cal Cit ies suppo rts measures
to increase transparency in insurance policies so
that homeowners can make informed decisio ns.
Cal Cities believes residents who have experienced
a w ildfir e or other natur al disaster are enti tled
to fair residential property insurance practices
that provide flexibi lity to rebui ld, including that
insured property owners shou ld not lose insu rance
coverage duri ng t he rebuild ing effort.
Cal Cities also believes residentia l prope rty
insura nce policies should n ot be canceled based
on weather-rel ated claims or immediate ly
following a disaster.
Note: Cal Cities will review new legislation to determine how it relates to existi ng 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 t hey are adopted and whether they appear in the current version of "Summary of Existing Policies and Guiding Princip les."
Qier(l1tta::s • ~»:ofeW g 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 f ire service missio n of
saving lives and protect ing prope rty t hrough fire
preven tion, disaster preparedness, hazardous
materials mitigation, specia lized rescue, etc., as
well as cities' authority and disc retion to provide all emergency services to their communities.
Cal Cities supports and strives to ensure local
control of emergency medica l services by
aut horizing cities and fire districts to prescribe and monitor the manner and scope of pre-hospita l
emergency medical services, including transport
through ambu lance services, all provided with in
local boundaries for the purpose of improving the
level of pre-hosp ital emergency medica l service.
Cal Cities supports legisl ation to provide a
framework for a solution to the long-standing
conflict between cities, coun ties, the fire service,
and LEMSA's, particu larly by local advisory
committees to review and approve t he EMS plan
and to serve as an appea ls body. Conflicts over
EMS governance may be resolved if stakeho lders
are able to part icipate in EMS system design and
evaluation and if complainants are g iven a fair and
open hearing.
52 I ~ 't'.:drh eW:B.Nww.ca lcities.org
Cal Cities supports stored pressure dry chemica l
f ire extinguis hers to be serviced and recharged
every six years or after each use, whic hever occu rs
f irst. Additio nally, Cal Cities supports requiring a
licensed tec hnician to perform the ann ual externa l
maintenance exam ination of stored pressure dry
chemica l fire extinguishers .
Cal Cities opposes legis lation, regu lations, and
sta ndards that impose minimum staffing and
response t ime standards for city fire and EMS
services since such determina tions shou ld reflect
the condit ions and prio rities of indiv idual cities.
Cal Cities supports Emergency 911 systems to
ensure cities and coun ties are represented on
decisions affecting emerge ncy response.
Cal Cities supports additional funding for local
age ncies to recoup the costs associated with fire
safety in the communi ty and timely mut ual aid
reimbu rsement for disaster response services in
other jurisdict ions.
Cal Cities supports incentives for homeowners
who undertake measures t o "harden the ir homes."
Emergency Services and Preparedness
Cal Cities suppo rts the 2-1-1 California telephone
service as a non-eme rgency, human and
communi ty services and disaster info rmation
resource.
Item #3 Page 84 of 102
Cal Cities supports "Good Samaritan" protec tions
that include both medical and non-medica l care
when applicab le to volunteer emerge ncy, law
enforcement, and disaster recovery personnel. Cal
Cities also supports providi ng "Good Samaritan"
protections to businesses that voluntari ly p lace
automated externa l defibr illators (AEDs) on t heir
premises to reduce barriers to AED accessibi lity.
Emergency Communications Interoperab ility:
Cal Cities supports activities to deve lop and
implement statewide-integrated public
safety commun icat ion systems tha t facilitate
interoperabi lity and other shared uses of t he pub lic safety spectrum with local, state, and federa l law
enforcement, f ire, emergency medica l, and other
public safety agencies.
Cal Cities supports a single, efficient, performance
based state department to be responsible
for overseeing and coordinating emergency
preparedness, response, recovery, and homeland
security activities.
Cal Cities supports efforts to secure add itional
funding for local agencies to provide training
opportunities fo r appropriate first responder
personnel to improve their ability to respond to
oil spills, fires, and other hazardous materia ls
accidents.
Cal Cities supports legisl ation and add it iona l
state and fede ral regulation crafted to ensure
that first responders can perfo rm their duties
during emergency response operations without
interference from unman ned aeria l systems, or
drones.
Cal Cities supports the authorization of cities to
approve and develop Community Para medicine or
Triage to Alternate Destination programs for their
jurisd ictions.
Cal Cities opposes policies that limit cities' ability to privately contract for emergency medica l services.
Nov. 14, 2023
PUBLIC SAFETY
Law Enforcement
Cal Cities supports the promotion of public safety
through:
■ Stiffer pena lties for violent offenders, and
• Protec ting state Citizens' Optio n for Public
Safety (COPS) and federal Community Oriented
Police Services (COPS) funding and advocating
for additiona l fund ing for local agencies
to recoup the costs of crime and increase
community safety.
Cal Cities opposes booki ng fees and continues
to seek their repeal, whi le encouraging localities
to pursue resolution of the issues with their
respective counties.
Cal Cities supports a local government's abi lity to
doub le the fine for traffic violations in schoo l zones in an attempt to reduce the speed of d rivers and
protect our youth.
Cal Cities supports reimb ursement by the federa l
governmen t to local agencies, spec ifical ly cit ies, for the costs associated wit h inca rcerat ing deportab le
crimi nals, including the direct costs associated
with processing and booking at the time of arrest.
Cal Cities supports policies that promote a victim's
right to seek restitution, create restr ictions on the
early release of state inmates from incarceration
for the purpose of alleviating overcrowding,
and limit parole hearing opportunities for state
inmates serving a life sentence or paroled inmates
with a violation.
Cal Cit ies supports parolee search and seizure
terms, which aids local law enforcement's ability to
manage paro led offenders.
Cal Cities supports increased penalties for meta l
theft and recognizes that statewide regulation is
needed to discourage "jurisdiction shopping." Cal
Cities also supports increased record-keeping and
reporting requirements for junk dealers, including
the col lection ofthumbprints from sellers.
c..1te,:rrnas • ~ 81iioM .6rg I 53
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Cal Cities supports accountabi lity on the part
of law enfo rcement agenc ies concerning police
survei llan ce technology and policies, as well as
related oversight by local governi ng bodies , but
also strong ly suppo rts limits on disclosure of the
full capab ilit ies of such technology to the genera l
public where such disclosure wou ld comprom ise
the effectiveness of the techno logy's law
enforcement applications.
Cal Cities sup ports policies that requ ire
state govern m ent enti ties to noti fy local law
enforcement about known individua ls that are
prohibit ed from owning or possessing a fir earm.
Cal Cities supp orts policies that authorize law
enfo rcemen t officers to admi nister opioid
antagon ist medications.
Cal Cities opposes policies that restrict law
enfo rcemen t agencies fro m utili zing surveillance
technology that wou ld otherwi se enhance their
abi lity to prevent crimin al activi ty.
In additio n to the menta l health screening
provided by local hiri ng entiti es, Cal Cities supports resources and education to support the mental
health needs of local public safety person nel.
Cal Cities recognizes the need to estab lish a peace
officer dece rtifi cation process th roug h POST.
Mental Health/Substance Use Disorder
Cal Cities supports t he promu lgation of poli cies
and the use of resources to increase collaborat ion
betwee n first responders and health agencies
for incidents invo lving people living wit h mental
illness or experie ncing substance use disorders.
Cal Cities supports resources for increased training
and educat ion for first responders to serve
peop le living with menta l illness or experiencing
substance use disorders , as well as increased
multid isciplinary collaboration.
Cal Cities supports transparency relat ing to
sust ained finding s of officer misconduct.
54 I ti<A'<:. JA;1i;§l23www.calcities.org
Cal Cities supports transparency and oversight
relating to crimin al investi gations of officer
misconduct.
Cal Cities suppor ts the com pletion and disclosure
of f indings relating to off icer miscond uct despite
their voluntary separat ion from the employing
agency.
Police Use of Force
Cal Cities supports transparency on the part of law
enforceme nt agencies regard ing agen cies' policies
on the use of force.
Cal Cities supports the establishment of min imu m
state standards on use of force that must
be inclu ded in all Californ ia law enforceme nt
agencies' use of force policies.
Cal Cities supports basic training requirements
and guidelines for age ncies and law enforce ment
officers on use of force , includin g, but not limited
to training on the lega l standards for use of force ,
one's duty to intercede, imp licit and explicit bias,
and alternatives to the use of dead ly force.
Cal Cities opposes mod ificat ions to the lega l
standard on use of force; t o the extent, such
proposed changes elevate the safety risk to law
enfo rcement office rs. Specifi c proposa ls in this
area shou ld be carefull y reviewed so that the
impacts of any changes are ful ly und erstood.
Cal Cities opposes the limitat ion of law
enfo rceme nt discretion to utilize less-lethal too ls
for dispersing unruly or unlawful crowds.
Drones
Cal Cities supports policies that allow cities to
impose reasonable ti me, place, and manner
restrictions on the operation of drones in their
jurisdict ions.
Cal Cities supports policies that aut horize local law
enfo rceme nt to enforce state and local drone laws.
Cal Cities supports policies that promote the
availability of info rm ation on state and local
Item #3 Page 86 of 102
drone laws so that operators are aware of and
accountab le to local rules.
Cal Cities supports local agencies' ability to enact
and enforce ru les of general applicabi lity, such
as trespass, nu isance, or noise, in a manner that
addresses unsafe drone operations.
Cal Cities supports the promotion of transparency
to the public, and as technology permits,
encourages local agencies to pursue the
development and use of real-time drone tracking
systems to ensure residents can look up the detai ls
of drones operat ing in a given area.
Cal Cities opposes state leg islation or regulations
that outright bans drones.
Cal Cities supports the estab lishment of
governmenta l immunity for local jurisdictions that
designate drone recreational areas, which notify
the public that drones may be flying overhead, and
that persons enter these designated areas at thei r
own risk.
Fireworks
Cal Cities supports increased resources for local
enforcement of illegal fireworks and aggressive
interdiction effor t s in col laborat ion w ith state
agencies.
Wildland-Urban Interface
Cal Cities supports activities to cooperate,
coordinate, and communicate in the development
of better land use policies and wi ld land fuel
management programs to decrease impacts to
public health and safety resulting from wildl and
urban inte rface fires .
Nuisance Abatement
Cal Cities supports enhanced local control over
public nuisances including, but not limited to:
■ Adult entertainment faci lities;
■ Problem alcohol establis hments; and
■ Properties where illega l drugs are sold.
Nov. 14, 2023
PUBLIC SAFETY
Violence
Cal Cities supports the reduction of violence
throug h strategies that address gang violence,
domest ic violence, youth access to tools of
violence, including, but not limited t o, 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 local, state, and
federal collaborat ive prevention and intervention
methods to reduce youth and gang violence .
Indian Gaming
Cal Cities supports the following principles that are
intended to balance tribal self-reliance with the
local government mandate to protect the public
health and safety.
■ Require an Indi an Tribe that plans to construct
or expand a casino or other related businesses
to seek review and approva l of the local
jurisdiction for such improvements consistent
w ith state law and local ordi nances including
the Californ ia Environmenta l Quality Act,
w ith the Tribal government acting as t he
lead agency and with judicia l review in the
California cou rts.
■ Requ ire mitigation of off-rese rvation impacts
consistent with environmenta l protect ion laws
that are at least as stringent as those of the
surrounding local community and CEQA.
■ Require written agreements between tribes
and affected local agencies to ensure tribes
are subject to local authority related to the
infrastructure needs and services outlined
above.
■ Require adequate compensatio n from the
tribes to the local agency prov iding the
government services that are required by the
triba l casino or related businesses.
■ Ensure compensa tion to local agencies
from the Special Dist ribution Fund for off-
c..1tei:rrnns • ~8fl ioM.6eg 1 55
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
reservation mitigation coupled with other
sources to ensure adequate compensation.
• Require a judicia lly enforceable agreement
between tribes and local jurisdictions on all
of these issues before a new compact or an
extended compact may become effective.
• Establish appropriate criteria and guidelines to
address future compact negotiations.
• The Governor should estab lish and follow
appropriate criteria to guide the discretion
of the Governor and the Legislature when
considering whethe r to consent to tribal
gaming on lands acqui red in trust after
October 17, 1988 and governed by the Indian
Gaming Regu latory Act (25 U.S.C. § 2719).
Gaming
Cal Cities supports measures expanding local
control over local gaming operations, including,
but not limited to, management of the hours
of operation and number of tables in an
establishment, as an effect ive tool to enhance
related local revenue streams. Cal Cities opposes
a restriction on those same revenue streams
measures that would furthe r restrict such local
control, including, but not limited to, the extens ion
of existing statewide gaming morator iums.
Alcohol
Cal Cities supports policies that limit the abil ity
of minors to engage in alcohol consumption, and
limit youth access to alcoholic beverages, so long
as related state-mandated programs or services
provide for ful l reimbursement to all local agencies.
Cal Cities supports loca l policies t hat hold social
hosts responsible for underage drinking that
occurs on property under their possession, control,
or authority.
Cal Cities supports additiona l penalties for repeat
driving under the influenc e (DUI) offenders
that include, but are not limit ed to, permanent
revocation of an individual's driver's license.
56 I rt<A'l: <!A-~ i;s)23www.calcities.org
Cal Cities supports legislat ion and other
regu lations intended to improve local
governments' enforcement capabi lity against
alcohol licensees that are in violation of state law
and local ordinances.
Cal Cities supports the ability of bars and
restaurants to operate expanded outdoor premises
with local and state approva l.
Cal Cities supports the sale of alcoho lic beverages
for off-sale consumption if the beverages are in
manufacturer prepackaged containers with local
and state approval.
Cannabis Regulation
Cal Cities regards as a vita l interest the
maintenance of local control over medica l and
adult -use cannabis businesses and supports
measures that enhance and protect maximum
local regu latory, land use, and enforcement
authority in relation to such businesses.
Reaffirming that local contro l is paramount, Cal
Cities holds t hat cities must retain the authority
to regulate all medical and adult-use cannabis
businesses if the regulation relates to location ,
operation, or establishment to best suit the needs
of the community.
Cal Cities affirms that revenue or other finan cial
benefits from creating a statewide tax structure on
medica l cannabis should be considered on ly after
the public safety and health ram ifications are ful ly
evaluated and addressed.
While the value of cannabis as a physical or mental
health treatment option is uncertain, Cal Cities
recognizes the need for proactive steps to mitigate
the proliferation of un lawful medical cannabis
businesses and other access points acting outside
state or local regu lation.
Cal Cities suppo rts cannabis regu lation only to
the degree that any such regu latory structure
preserves and upho lds local control and the police
power of local governments pursuant to Article XI,
Section 7 of the California Constitution.
Item #3 Page 88 of 102
Cal Cities opposes policies that pro hibit local
law enforceme nt from coope rating w it h federa l
authorities on investigat ions into matters involving
violations or other crimina l activity by cannab is
licensees, including, but not limited to, money
laundering, sales to minors, and diversion.
Graffiti
Cal Cities endorses the "Tag You Lose" anti
graffiti cam paign and encourages ot her cities to
implemen t this program into their existing anti
graffiti programs.
Cal Cities supports increased author ity and
resources devoted to cities for abatement of
graffiti and other acts of public vandalism.
Sex Offender Management
Cal Cities supports policies that wi ll assist local
law enforcement with the comprehensive and
collaborative management of sex offenders,
including tools for tracking the location of sex
offenders within local jurisdictions, so long
as state-mandated programs provide for fu ll
reimbursement to all local agencies.
Corrections
Cal Cities supports constitutional protect ions for
state-funded corrections realignment programs,
so long as it includes fu nding for local police
department needs. Cal Cities also suppor ts
increasing city representation and participation in
the Commu nity Corrections Partnersh ips, which
are charged w ith develop ing local corrections
plans.
Firearms
Cal Cities recogn izes that menta l illness and
firearms form a dang erous combination that
threat ens public safety. Consequent ly, Cal Cities
supports policies that restrict persons with menta l
health disord ers from possessing or owni ng a
fi rearm. Cal Cities suppo rts policies that ultimate ly allow such persons to petition for retrieva l of thei r firearm s.
Nov. 14,2023
PUBLIC SAFETY
Cal Cities supports local law enforcement agencies
retai ning the discret ion to issue a concealed carry
weapon permit, and thereby opposes pol icies t hat
mandate the issuance of such permits.
Cal Cities supports the honoring of Gun Violence
Restraining Orders (GVROs) that are issued by
other states.
Miscellaneous
Cal Cities opposes reductions to city authority
to regu late need le and syringe accessib ility and
exchange programs.
Cal Cities asks any company manufacturing or
marketing or planning to manufacture or market
colored-t read tires in California to voluntarily
abandon such a product line and thereby prevent
the public safety, envi ronmenta l and social
prob lems these tires can potentia lly cause.
Cal Cities warns those individ uals who advocate
or perpetuate hate, not to test the cities' resolve
to oppose them, as each city is encouraged to
vigorous ly pursue a cou rse of an investigat ion,
apprehension, prosecution, conviction, and
incarceration of all those who participate in hate
crimes.
Note: Cal 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 inclu de 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."
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Revenue and Taxation
SCOPE OF RESPONSIBILITY
The Committee 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 recommendatio ns is the
underlying princip le that meaningfu l f iscal
reform shou ld allow each level of government to
adequately finance its service respons ibilities, with
each being accountable to taxpayers for its own
programs.
Efficiency
Cities and Cal Cities should con ti nue to emphasize
efficiency and effectiveness, encouragi ng, and
assisting cities to achieve the best possib le use of
city resources.
Authority and Accountability
Cities must locally achieve politica l authority
and accountabi lity for revenues raised and
services provided. For accou ntability, revenues
should be log ically linked to t radit iona l and
emerging responsibilities. Cities must effective ly
communicate the good news about city prog rams
and operations, as well as information concerni ng
financia l conditions and city responsibi lities.
58 I ~\(; <!A;1~s)23www.ca lcities .org
t JO 11
Alliances
Cities shou ld seek alliances with counties,
schoo ls, other cities, employee organizations,
other local agencies, business, and professiona l
organizat ions, and nonprofit organizations to
support cooperation, sound financia l policies, and
joint actio n.
Initiative
Cities and Cal Cities are prepared to use the
st atewide in itiat ive process, if necessary, to
secu re fiscal independence and a sound
intergove rnmenta l financia l structure. Initiative
effor ts should, to the extent feasible, incorpo rate
and, in no case violate, t he princip les developed by
the Fiscal Reform Task Force as fo llows:
■ Cities require a greater share of the property
tax and other reliable, discretionary revenues in
order to fi nance local services to property.
■ Cities require constitutiona l protect ion of their
reven ue sources in order to provide insurance
agains t diversion by the state of these revenues
in t he future for non -municipal purposes.
■ Majo r reforms in the unfunded mandate
reimbursement process shou ld be enacted to
make it more workab le and mea ni ngful.
Item #3 Page 90 of 102
Legislature or the Voters
Local Authority and Accountability
To preserve local authority and acco untabi lity for
cities, state policies must:
■ Ensure the integrity of existing city revenue
sources for all cit ies, including the city share
and situs allocation, where app licable, of
property tax, sales tax, veh icle license fees, etc.
■ Ensure the integrity of city revenue sources by
providing fraud deterrence and enforcement
too ls that improve the collection of public
funds.
■ Protect the authority of local gove rn ments to
collect revenues from telecommu nications
providers and ensure that any future changes
are revenue neutra l for local governments.
■ Oppose any state or federa l legi$1ation that
would pre-empt or threaten local taxation
autho rity including, but not limited to, Uti lity
User's Taxes.
■ Allow every level of government to enjoy
budgetary independence from programs and
costs imposed by other levels of government.
■ Autho rize a simp le 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 achiev ing
program goals, rather than withho ld or reduce
revenues to accomplish targets.
State Legislative and Budget Reforms .
To stabilize state funding and programs and
reverse the trend of the state 's reliance on local
revenues to solve the state's fisca l crises, the state shou ld implement fisca l and legislative reforms
which may include for consideration the following:
■ A two-yea r spending plan with the first session
focused on expenditures over the period.
■ Oversight hearings that review programs for
savings, dup lication, or gaps in services.
Nov. 14, 2023
REVENUE AND TAXATION
■ Limits on the number of bi lls that legisl ators
may introduce.
■ A prudent reserve fund.
■ Officia l records kept of all Assemb ly and Senate
officia l meet ings.
■ A balanced deficit reduction approach, which
cou ld include temporary revenue increases
dedicated solely to retiring short-term debt,
spending cuts, short-term borrowing, and
mu lti-year spend ing limitations.
■ Long-term rest ructuring measures, including
increased local government prope rty tax
shares to create balanced growt h and separate
budget deta il of all state expenditures at the
local level.
State Mandates
The state must prov ide fu ll 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
afte r legis lation is chaptered for determination of
eligibi lity 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
reimbu rsement process.
The state should be prohibited from deferring
mandate payments .
Unless specifica lly requested by a city, no new
duties, responsibi lities, or obligations should be
assigned to a city or cities under state realignment.
Additional Revenue
Additiona l revenue is required in the state/local
revenue structure. There is not enough money
generated by the curren t system or allocated
to the local level by the current system to meet
the requirements of a grow ing popu lation and
deteriorating services and faci lit ies.
C.ffie1?1lt8S • ~Sll1 iCiM.6ig I 59
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
When disasters or emergencies occu r statewide
or in various areas of the state, state government
has traditional ly stepped in to assist with recovery
efforts through various means, includ ing the
passage of legis lation to provide income and
property tax relief to affected individ uals and
businesses, and reimbursing local governments for
their losses. Cal Cities supports disaster recovery
legislation that includes m it igation for losses
experienced by local governments. Cal Cities
supports this aid being allocated to cities throug h
a process that objectively accounts for the impac ts
that a disaster or emergency has had on a city's
residents, infrastructu re, 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 federa l
debt guarantee program that supports state
catastrophe insurance programs for post
event debt that they incur as a result of paying
for insured losses caused by major natura l
catastrophes.
Cal Cities supports legisl ation that wou ld make
adjustments to the vehicle license fee-p roperty
tax swap of 2004 to ensure that the formu la
appropriately accounts for city incorporations and
annexations of inhabited terr itory.
Cal Cities supports legisl ation that would bolster
existing local efforts to enforce local ord inances
and revenue collection associated wit h short-term
rentals. Legislation must protect local transient
occupancy tax collection authority, tax rates, and
enforcement authori ty associated with short-te rm
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 that reduces competition for situs-based
revenue. (Revenue from the exist ing sales tax rate
60 I r-t:A'<: ~A:;1~~23www.calcities.org
and base, including future growth from increased
sales or the opening of new retai l centers, shou ld
continue to be returned to the point of sale.)
The existing situs-based sales tax under the
Bradley Burns 1% baseline should be preserved
and protected.
Tax proceeds collected from interne t sales shou ld
be allocated to the locat ion where the prod uct is
received by the purchaser.
Restrictions should be implemented and enforced
to prohibi t the enactment of agreements designed
to circ umvent the principle of situs-based sales
and redirect or d ivert sales tax revenues from
other communities when the physica l location of
t he affected businesses does not change.
Sales tax rebate ag reements involving on line
retailers are inappropr iate because they have the
effect of encouragi ng 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 anothe r within a market area should also be
prohibite d going forward.
Funding for Counties
Counties require additiona l funding if they are to
fu lfi ll their state-mandated and traditio nal roles.
As lega l agents of the state, county expenditures in
t hat capac ity shou ld be funded by the state. Their
local programs shou ld be financed local ly.
The concept of "self-help" for cou nties shou ld be
expanded. An examp le might be that counties
cou ld receive certain state fund ing if they raise a
specif ied level of revenue locally.
To alleviate competition among cities
and counties, funding for counties should
be accompanied by agreements on new
deve lopment in undeve loped areas within t he
cit ies' sphere of influence.
Item #3 Page 92 of 102
Regional Revenues
Local government issues, programs, and services
do not always recognize local government
jurisdict iona l boundaries. In cases where regiona l
issues, programs, and services are ide ntified, mu lti jurisdictional revenues should then be identified
and implemented. As an example, the sales tax has
been considered and used by many countywide
areas to address multi-jurisdictional transportation
issues.
Support regiona l cooperation on common
interests and goals by providing access to share
incremental growth in ERAF property tax.
Revenue Modernization
Property Tax
Cal Cities supports legislat ion which would
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 lega l
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 exemptions on certain goods and
expanding to digital forms of goods that are
otherwise taxed, and expanding the sales tax
base to services, such as those common ly
taxed in other states. Specific proposals in
these areas should be carefully reviewed so
that the impacts of any changes are ful ly
understood.
Nov. 14, 2023
REVENUE AND TAXATION
• Sales Tax Sourcing Rules: Support as Cal
Cities policy that point of sale (situs) is where
the customer receives the product. Specific
proposa ls in this area shou ld be careful ly
reviewed so that the impacts of any changes
are fu lly understood.
Cal Cities supports as pol icy allowing more
direct reporting of use taxes related to
construction projects to the jurisdiction where
the construction activity is located by reduci ng
the existing regu latory thresho ld from $5
million to $100,000.
• County Pool Use Tax Allocations: Support
Cal Cities working with the state California
Department of Tax and Fee Administration
to update the county pool allocation process
to ensure that more revenues are allocated
to the jurisdiction whe re the purchase or first
use of a product occurs (usually where the
product is delivered). 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 Bradley Burns tax applies
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 statewide sales tax data collection
to improve understanding of out-of-state and
in-state remote sales.
Federal Streamlined Sales and Use Tax
Agreement (SSUTA)
There are more questions than answers for
California cities about potentia l state participat ion in the SSUTA. The SSUTA offers many more risks
for California cities than ben efits. Thus, Cal Cities
shou ld:
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Continue to monitor developments of the
SSUTA and related federa l legislat ions, but
not suppo rt any additiona l efforts that wou ld
lead to California joining the agreement. This
position can always be revisited at a future
point if events change.
■ Strong ly oppose any federa l effo rt that
attempts to force California to conform to
the Agreement, or amendme nts to federal
legislation that wou ld directly undermine
California's uti lity user tax struc ture.
■ Work with the California Department of Tax
and Fee Administ ration and other parties on
alternat ive efforts to increase the collection
of use taxes w ithin California. Share Cal Cit ies
analysis of the SSUTA wit h interested parties,
exchange information on use tax collection
issues with municipal Leagues in other states ,
includ ing t hose states with tax structu res
similar to Californ ia.
Federal Legislation Requiring Use Tax
Collection
Cal Cities supports fede ral legis lation that wou ld
require the col lection of use tax from intern et or
"remote sales" that meets the following conditions:
■ Is limited to the collection of sales and use
taxes.
■ Does not require states to participate in the
SSUTA.
■ Requires remote sellers to collect the fu ll
destination rate (combinat ion of state and local
rates at location the product will be delivered).
■ Exempts intrastate (non-remote sales within
California) fro m the desti nation rule.
■ Provides suffic ient flexibi lity to accommodate
California's tax structure. (There are instances
where the state, for policy reasons, has opted
not to collect the st ate's share of sales taxe~ on
an item, but the local rates on t hose items are
still collected).
62 I l't<A'l: <!fhi;~ 23www.calcities.org
State reg ulatory actio ns and possib le legislat ion
may be needed to add ress issues raised by the
collection of new revenue from remote sales.
Implementation by the Californ ia Department
of Tax and Fee Adm inistrat ion wou ld likely
require appropriate 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 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 Principles."
Item #3 Page 94 of 102
TRANSPORTATION, COMMUNICATIONS , AND PUBLIC WORKS
SCOPE OF RESPONSIBILITY
The Committee on Transportation,
Communications , and Public Works reviews both
state and federal legislation as it relates to issues of transportation funding, construction, public works,
telecommunications, and other related areas.
Summary of Existing Policy and
Guiding Principles
Transportation
Cal Cities supports constitutional protections
for transportation funding to be dedi cated for
transportation purposes only and opposes any
efforts to reduce or elimina te transportation
funding for local government.
C_al Cities supports protect ing the addit iona l
funding for local transportation and other
critical unmet infrastructu re needs. One of Cal
Cities' priorities is to protect the consistent and
continuous appropriation of new monies from
various sources d irectly to cities and counties for
the preservation, maintenance, and reha bilit ation
of the local street and road system. New and
additiona l revenues shou ld continue to meet the
following policies:
■ System Preservation and Maintenance.
Given the substantia l needs for all modes of
transportation, a significant port ion of new
revenues should conti nue to focus on system
preservation. Once the system has been
brought to a state of good repair, revenues for
Nov. 14,2023
maintenance of the system would be reduced
to a level t hat enabl es suff icien t recurr ing
maintenance.
■ Commitment to Efficiency. Priority should
continu e to be used to improve current
systems. Recipie nts of revenues shou ld
incorporate opera t ional improvements and
new technology in projects.
■ All Users Based System. New revenues should
continue to be borne by all users of the system
from the traditional persona l vehicle that
relies solely on gaso line, hybrid, or electric
technology, to commercia l vehicles moving
goods in the state, and even trans it, bicyclists ,
and pedestrians who also benefit from the use
of an integrated t ransportation network.
■ Alternative Funding Mechanisms. Given that
new techno log ies continue to improve the
efficiency of many types of t ransportation
methods, transportation stake holders must be
open to new altern ative funding mecha nisms.
Furthe r, the goa l of reduc ing greenhouse gases
is also expected to affect vehi cle miles traveled ,
thus further red uce gaso line consumption and
revenue from the existing gas tax. The existing
c.we~tta s • ~9SioM.e~ 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 political wil l to push for
sustainab le transportation revenues.
Unified Statewide Solution. For statewide
revenues, all tran sportat ion stakeho lders must
stand united in the protection of new revenues.
Any new statewide revenues shou ld address
the needs of the entire statew ide transportation
network, focused in areas where there is defensible
and documented need.
Equity. New revenues shou ld continue to be
distributed in an equitab le manner, benefiting
both the north and south and urban, suburban,
and rural areas, as well as being equally split
between state and local projects.
Flexibility. Needs vary from region to region and
city to city. New revenues and revenue authority
shou ld continue 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, whet her at the
state or local level.
Education. Through the City and County
Pavement Improvement Center (CCPIC),
educat iona l opportunities to provide addition al
research and development, guidance,
specificatio ns, tools, and training in pavement
management and engineering must be made
availab le to local governments to help ensure 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 transpor tati on purposes and an
allocation formu la equivalent 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 local
transportation decision-making and pursues
64 I ~ i f\1~~2.3www.calci t ies.org
transportation policy changes that move more
dol lars and decisions to local policy leaders. Cal
Cities supports spending tra nspo rtation moneys
for transportation purposes. Cal Cities w ill seek
t he maximu m share of available fun ding for local
transportat ion programs. Cal Cities supports the
implementation offe deral transpor tatio n funding
re-authorization legisl ation in a manner that
supports these princip les.
Cal Cities supports the preservation and expansion
of transportation grant funding opportunities to
help incorporate new transportation techno log ies
and practices into local transportation networks,
such as active transportation grant funding and
transportation innovation grant fund ing.
Cal Cities opposes the state pursuing any
transportation policy chang e that wou ld result
in a reduction of revenue from the Highway
Users Tax Account and/or the Road Maintenance
and Rehabi litation Program. Cal Cities supports
a requirement for the state to consult with Cal
Citi es of any transportation policy changes to
help ensu re such strategies include funding equal
to or greate r than what cities already receive to
maintain, operate, and rehabilitate the ir existing
streets and roads netwo rk.
Ca I Cities suppo rts the ongoing study of the Road
User Charge, which aims to identify an alternative
to the gas tax as a way to fun d transportation
infrastr ucture.
Cal Cities supports efforts that stream line
funding between the state, federal, and local
governments that help reduce the amo unt of
t ime and resources it takes to fund and complete
transporta tion projects, such as NEPA delegation
and the Match-Exchange Program.
Cal Cities opposes conditionin g a city's share of
transporta tion fundi ng on housing -related goa ls,
such as planning and production, instead favoring
comprehensive housing solutions for housing
problems.
Item #3 Page 96 of 102
TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
Cal Cities suppo rts bicycle and pedestrian access
with maximum local flexibi lity to priorit ize thi s
transportation need, as long as fun ding is available
directly for it and other transportation prioriti es
do not negative ly affect transportatio n funding.
Cal Cities opposes any mandatory set-asides or
prioritization for bicycle and pedestr ian access
on the state or local system using state or local
maintenance and/or rehabi litat ion funding.
Cal Cities opposes requiring a city or parking
processing agency to auto matically cance l
notices of parking vio lations, prior to a request
from a vehicle owner, if the violat ion does
not substantia lly match the cor responding
information on the vehi cle registrat ion.
Cal Cities opposes effo rts that limi t the abilit y
for cities to remove or immobilize vehicles
that chronical ly ignore moving and/or parking
violations and/or are operat ing unlawful ly on
public roads.
Cal Cities supports the visionary effo rt of t he Hig h Speed Rail project and supports the involvement
of local officia ls in the project planni ng and
implementat ion. However, Cal Cit ies opposes
efforts to exempt the High-Speed Rail project from
the California Environme ntal Quality Act (CEQA)
and other processes t hat provide an opport unity
for local input. Cal Cities also suppo rts efforts to
reaffirm voter support of the project, includin g
voter reconsideration for the bond.
Cal Cities suppor ts the development of best
practices and funding to suppo rt all modes of
goods movement including 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 cit ies to activel y engage their region
and the state in making goods movement
decisions.
Cal Cities supports effo rts to improve the California
Pub lic Utilities Commissio n's ability to respond
to and investigate sign ificant transportation
Nov. 14,2023
accide nts in a publi c and time ly manner to
improve rai l shipm ent, railroad, aviat ion, marine,
highway, and pipe line safety.
Cal Cities supports efforts to expand t he Calt rans
Bu siness Logo Program, including the accurate
dep loyment of EV charg ing signage.
Cal Cities supports having a balanced regu latory
framewo rk over both the tax i and TNC industries;
encoura ges the PUC to include biometric
identifica t ion data from TNC drivers and to have
TNC compan ies cond uct vehicle safety inspections;
a policy where both industries are regu lated by
th e state's PUC, whi le giving cities the abil ity to
reg ulat e both indust ries when any g iven city
finds that state regu lation is insufficient for the ir com munit y.
Cal Cities supports the Full Funding Grant
Agree ment (FFGA) process for t he Fede ral Transit
Administration's (FTA) Capita l Investment Grant
(CIG) program.
Public Works
Cal Citi es supports reta ining maximum flexibi lity
for time ly and cost -effective completion of pu blic
works project s. Cal Cities supports innovat ive
strateg ies, including public-private partnerships at
the state and local levels to enhance public works
funding.
Cal Cities supports efforts to divert products that
con tri bute to decreased capacity and .increased
maintenance costs at wastewate r treatment
faci lities .
Cal Cities encoura ges the state to adopt max imum
response time for all necessary state reports,
includi ng Project Study Reports, to allow for a
time ly and cost-effective comp letion of public
works projects. Cal Cities supports the certificat ion
of private firm s to comp lete reports when state
staff is unavailable.
Cal Cities supports expedited permitting when the
wor k is necessary to ensu re the integrity of gas
cMJem1tas • ~9litiM.e~ 1 Gs
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
pipelines, provided that local permitting and plan
review requ irements are met.
Cal Cities opposes effo rts to alter the way
that Caltra ns prioritizes its litter cleanup and
abatement prog ram to just the segmen ts of
highway that receive the highest numbe r of
com plaint s.
Cal Cities supports improving the state's seismic
readiness and resiliency, includ ing tax credits for
retrofitting seismically vu lnerable buildings and
the st ate conducting its own survey of bui ldings
that are potentia lly vulnerab le in seism ic-prone
regions of the state. Cal Cities opposes any efforts
to impose such a mandate on local governments.
Cal Cities supports the inclus ion of wi ldfire
mit igation as an eligible project to receive the
California Public Util ities Commission's Rule 20
funds and efforts to expand funding fo r Rule 20.
M icromobility
Cal Cities supports efforts that reassert local
authority to regulate emerg ing transportat ion
techno logies, such as e-scoote rs and e-bicycles,
and opposes effo rts to limit thi s aut hority and the
city 's access to meaningfu l data from companies
operating within the ir jurisdiction.
Vehicles
Cal Cities supports a requirement for tran sit
operators to provide at least one staff person
in each of its fully automated transit vehicles in
t he early stages of autonomous transit vehicle
deployment.
Cal Cities opposes all efforts that allow vehicles
and vehicle ope rators on the road that wi ll
jeopardize the integrity of the public infrastructure
or the health and safety of the motoring public.
Cal Cities supports all effo rts to retain maximum
control of the local street and road system. Cal
Cities supports traffi c safety enhancements such
as motorcycle helmets, chi ld restraints, seat belts,
and speed limit laws.
66 I f'l<A\(, <!A.1fi1§123www.calcities.org
Cal Cities opposes any efforts to increase truck
size or weight. The size and weight of trucks are
important because they affect the stability and
contro l of the truck, the way it interacts with
other traffic, and the impact it has when collid ing
with other vehicl es. Truck safety is particu larly
importa nt because t hese vehicles share city streets
and county roads w ith users- such as motorists '
pedestrians, cyclists, motorcycli sts, and bus riders.
Cal Cities encourages cities to promote safe driving
across California and the education of the genera l
public about the dangers of texting while driv ing.
Cal Cities suppo rts a requ irement that all state
rulemaking bodies consider the following factors
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
resulting costs to state and local governments .
Cal Cities supports efforts to protect consumers
from unscrupu lous tow trucker compa nies and
operators.
Cal Cities holds that increasing vehicle fin es do
not improve safety around schoo l zones and
encourages other efforts, such as increased police
presence and additiona l crossing guards, as better
soluti ons to safety issues in schoo l zones.
Cal Cities support s legislation that authorizes
the testing or conducting of pilot projects for
autonomous vehicles.
Contracts
Cal Cities supports maintaining maximum local
flexibi lity in the area of contracting and contract
negotiations. Cal Cities supports cha nges to the
law that allow cities options to use design-bu ild
contracting and othe r innovations designed
to bring efficiency to public contract ing. Cal
Cities also suppor t s contracting out with private
entities to increase project delive ry efficiency and
affordabi lity.
Item #3 Page 98 of 102
TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
Cal Cities opposes efforts to shift additional lega l
costs and liabili ty away from design professionals
and contractors to local governments.
Telecommunications
Cal Cities supports a state t ax levied on direct
broadcast satellite television service providers if the proceeds are distributed to support local public
safety programs consistent w ith a geographic
distribution methodology that reflects househo lds
using this service and provided t hat the tax is
repealed sho uld the revenues be diverted by the
state for another purpose.
Traditiona l franchising at the local level has
served the valuab le purpose of tailoring service to
unique local conditions and needs and assuring
responsive ness of providers to consu mers. The
continued involvement of local government in any
new state or federal regulatory scheme by way
of locally negotiated agreeme nts is an essentia l
component of telecommunications regulations;
best serves the needs of consumers and is
consistent w ith the goa l of prov iding consumers
greater choice in telecommunications options.
Any new state or federa l sta ndards must conform
to the following princip les:
Net Neutrality
■ Access to fast, reliable, and high-q uality
internet is essentia l for the success of our
collective commu nities.
■ Reliable communica tions and data networks
fo r essentia l services, such as police and fire,
are necessary, especia lly during t imes of
emergency.
■ Communicat ion s and data networks are
increasing ly important for the relationship
between local governme nt and its residents
and busi nesses.
■ Net neutrality prevents internet service
providers from blocking, t hrott ling, degrading,
or providing for paid prioritization of lawfu l
content, applications, or services.
Nov. 14,2023
■ Free and open internet can spu r innovation
and help close the digital divide in Californi a.
Revenue Protection
■ Protect the authority of local governments to
collect revenues from telecommunications
providers and ensure that any future changes
are revenue neutral for local governments.
■ Regu latory fees and/or taxes should apply
eq uitabl y to all telecommunications service
providers.
■ A guarantee that all existi ng and any new
fees/taxes remain with local governments to
support local public services and mitigate
impa cts on local rig hts-of-way.
■ Oppose any state or federal legislation that
wou ld pre-empt or threaten local taxation
authority
Rights-of-Way
■ To protect the public's investment, the control
of public rights-of-way must rema in local.
■ Local government must retain fu ll contro l
over the time, place, and manner for the
use of the public right-of-way in providing
telecommunications services, incl uding the
appearance and aesthetics of eq uipment
placed within it.
Access
■ All local commu nity residen t s shou ld
be provided access to all available
telecommunications services. Cal Cities
supports funding and resources to
provide access to high-speed broadba nd
infr astructure, including municipal broadband,
for all Californi a commu nit ies to close the
dig ital divide, especia lly in unserved and
underserved communities.
■ Telecommunications providers shou ld be
required t o specify a reasonab le timeframe
for the deployment of telecommunications
services that include a clear plan for the
CM!ea1llfBS • ~all9 itiM.6 ~ I 67
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
sequencing of the build-out of these facilities
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 w ith
incumbent providers.
■ For cities currently without PEG support
revenues a minimum percen tage of required
support needs to be determined.
Institutional or Fiber Network (/NET}
■ The author ity for interested communities
to establish INET services and support for
educationa l and local government facilities
should remain at the local level.
Public Safety Services
■ The authority for E-977 and 977 services shou ld
remain with local government, including any
compensation for the use of the right-of-
way. All E-977 and 977 calls made by voice over
internet protocol shall be routed to local public
safety answering points (PSAPs); i.e., local
dispatch centers .
■ All video providers must provide local
emergency notificat ion services.
Customer Service Protection
■ State consumer protection laws shou ld
continue to apply as a minimum standard and
should be enforced at t he local level. Local
governments should retain the authority to
assess penalties to improve customer service.
Wireless Infrastructure
■ Existing telecommunications providers and
new entrants shall adhere to local city policies
on public utility undergrounding.
■ Cal Cities supports the authority of cities
to zone and plan for the dep loyment of
telecommunications infrastructure. Cal Cities
supports the abi lity of cit ies to ma intain and
68 I l't.9..'l i!A;1g§)23www.cal citi es.org
manage the public right-of -way and receive
compensation for its use. Cal Cities supports
the innovation and economic deve lopment
potentia l of the "information supe rhighway"
and the many possib le benefits in the areas of
telecommuting and productiv ity it promises.
Cal Cities will work with the California Public
Utilities Commission, the various telephone
companies, and fede ral regu latory agencies
to improve telephone area code planning in
California.
■ Cal Cities supports mode l agreements
between cit ies and wire less communications
providers for the dep loyment of wire less
infrastructure, includ ing smal l cells and macro
cell towe rs, within their jurisdiction.
■ Cal Cities supports a requiremen t of
telecommunications providers to notify
the California Office of Emergency Services
(CalOES) of 977 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 ensure min imum standards are met before
service withdrawa ls of plain old telephone systems
are made:
■ Require that reliable communications systems
are in place prior to any technology transition
to ensure vital government services and public
safety operations are available to communicate
with citizens during emergencies.
■ Telecommun ications service shou ld be
techno logy-neutral to include similar
regulatory protections and obligations, such
as main tenance of infrastructure, access to
facilities, and provision of basic voice and
broadband service.
■ Ensure a transparent process for the phase
out of POTS, avoiding self-certification
Item #3 Page 100 of 102
TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
and arbit rary timelines for CPUC review of
withdrawa l requests.
■ Require carriers to assist local governments in a
proposed service withd rawa l area to determ ine
which pub lic services are depen dent on them.
■ Require the CPUC to consu lt w ith state
and local agencies to verify alternative
communications services that meet or
exceed POTS quality, accessibility, reliability,
and affordability and dete rmine adequate
transition t imes, especia lly to ensure the
fun ctiona lity of the 911 system.
■ For wire less techno logy alternatives, local
governments must have guaran teed prio rity
access to the 911 system.
■ Ensure state enforcement and accountabi lity
over any pro posed service withdrawa ls.
■ Require that the transition to an alternative
service is cost -neut ral for consume rs, w ith
additiona l costs borne by t he carriers,
including anci llary costs such as software and
equ ipment, for instance.
■ Require the CPUC to notify and work with
cities and other local governments of propo sed
service withdrawals to ensure appropriate
transitions.
■ Carrier cost savings from any such transitio n
should be shared with customers, including
local governments t hrough a state-deve loped
and adm iniste red financia l assist ance program.
■ Require that "Lifeline" rates fo r custome rs with
specia l needs are cost and techno logy-neutra l,
in the shor t - and long-term.
■ Require that telecommun icat ions compan ies
that withdraw plain old telephone service
within any given area cont inu e to mainta in
the infrastructure and if no longer in use, be
responsib le and pay for the remova l of the
infra structure.
Nov. 14,2023
Cal Cities oppo ses a deregulated framework for
Voice over Internet Protocol (VoIP) techno logy
given tha t VoIP is often a "commu nication of last
resort," as the state's populace rapid ly move s away
from plain old telephone service and onto VoIP or
wireless communica t ions.
Air Pollution
Cal Cities wi ll monitor developme nts and t he
ramifications of efforts to regu late air quality and
related congestion strategies as it is related to
transportation.
Note: Cal 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 curre nt version of "Summary of Existing Policies and Guiding Principles ."
<t1Aime#13ES • P-.a-g6.cl.€J1itiM.6~ I 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