Sierra Madre City Council
February 11, 2025

On December 10, 2024, Mayor Pro Tern Lowe directed staff to agendize a discussion of political and election related signs in the parkway. Per SMMC 17.72.010, '"Political sign' means any sign expressing a political, religious, or other ideological sentiment not involving an election." Per SMMC 17. 72.010, "'Election sign' means any sign concerning candidates for elective office or involving a ballot measure."
Both political and election related signs are prohibited in the parkway under SMMC

17.72.020(C). This prohibition may create challenges, especially during election season, when residents seek to display signs supporting candidates or ballot measures. The prohibition is also legally suspect as an exception exists for garage or yard sale signs.

Cities may ban the posting of signs on public property. (Members of the City Council of Los Angeles v. Taxpayers for Vincent (1984) 466 US 789, 814.) However, the prohibition cannot be based on the content of the sign (political/election v. garage/yard sale). A regulation "is content based if [it] applies to particular speech because of the topic discussed or the idea or message expressed." (Reed v. Town of Gilbert (2015) 576 US 155, 163.) The relevant provisions of the City's sign ordinance have not been amended since 2003. Staff recommends the City consider an amendment that would either:
1) Prohibit the placement of signs on public property, without a content-based exception; or 2) Permit signs subject to content-neutral regulations such as size, color, location, etc.

Further, political signs are regulated under SMMC 17.72.030(L) and election signs are regulated under SMMC 17.72.030(K). The City Council may consider amending those provisions to ensure the regulations are content-neutral and enforceable.

Factors to consider in drafting an amendment:
• Enhanced Community Engagement: Allowing election and nonprofit signs in designated areas fosters greater civic participation and supports the democratic process by enabling residents to express their views and support.
• Enforcement Challenges: While expanding the allowable area for sign placement addresses the ambiguity of enforcement under the current ordinance, it also introduces new challenges. Allowing signs in the public right-of-way will likely require additional enforcement resources to regulate compliance, including ensuring signs do not block pedestrian pathways, utility access, or traffic visibility. Fallen signs, improper installations, and unauthorized signage could create enforcement burdens, turning the amendment into a significant workload for staff. Furthermore, the accumulation of discarded or damaged signs may result in visual clutter and maintenance concerns, compounding enforcement and operational issues.
• Balanced Approach to Public Safety: The proposed amendments shall include clear guidelines and requirements for number of signs and sign placement to ensure public safety. Signs must not block pedestrian pathways, vehicular traffic, or obstruct visibility at intersections, thereby minimizing potential hazards. However, it is important to note that allowing signs in the public right-of-way introduces an added risk for the City's risk 385192.2

management. Improperly placed or fallen signs may create trip hazards, which could expose the City to liability concerns, particularly in parkway areas where the boundary between public and private property is unclear.

Any proposed amendment should strike a balance between maintaining public safety and accommodating the community's need for expression and information. By allowing sign placement in parkway areas, the City can address enforcement challenges and foster a more inclusive environment for civic participation. Nonetheless, the City should carefully consider the additional risk to liability and risk management posed by potential trip hazards in these designated areas.

FINANCIAL REVIEW/SOURCE OF FUNDING
There is no financial impact related to this discussion item. Staff time was incurred in the preparation of this report.

ENVIRONMENTAL (CEQA)
Not applicable.

PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City's website at www.cityofsierramadre.com.

ATTACHMENT
Attachment A: Sierra Madre Municipal Code Chapter 17. 72 Signs. 385192.2
Sections:

17.72.005 Purpose.

Title 17 - ZONING
Chapter 17.72 SIGNS*
Chapter 17.72 SIGNS*
This chapter provides standards for signs to safeguard life, health, property, safety and public welfare, while encouraging creativity, variety, compatibility and enhancement of the city's visual image. The specific purposes of the sign regulations are to:

A. Provide each sign user an opportunity for effective identification by regulating the time, place and manner under which signs may be displayed;
B. Ensure freedom of expression for all sign types by maintaining a content-neutral approach to sign regulations;
C. Regulate the number and size of signs according to standards consistent with the purpose of each zoning district;
D. Protect the motoring public from visual intrusion and competition for attention that could cause traffic safety issues;
E. Encourage creative, well-designed signs that contribute in a positive manner to the city's visual environment and help maintain an image of quality for the city; and, F. Ensure that signs are responsive to the aesthetics and character of their particular location (adjacent buildings and surrounding neighborhood) and that are compatible and integrated with the building's architectural design, including historic elements, and with other signs on the property. (Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.010 Definitions.

Unless it is apparent from the context that another meaning is intended, the following words when used herein shall have the meaning attached to them by this section. "Abandoned sign" means any sign or sign structure is considered abandoned if for a period of ninety consecutive days or more, there is no sign copy appearing on the sign, or if the establishment to which the sign is attached has ceased operation and where the sign has been forsaken or deserted. "Alteration" means a change of sign text, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
"Animated sign" means any sign or part thereof that uses movement, lighting or special materials to depict action or create a special effect to imitate movement.
"Area of sign" means the surface space within a single continuous perimeter containing the sign message together with any frame, material or color forming an integral part of the display, but excluding support structures and incidental parts not drawing attention to the subject matter. The area of a sphere or other irregular shaped sign shall be measured by its projection or sight area.

Sierra Madre, California, Code of Ordinances
(Supp. No. 38}

Created: 2024-05-07 17: 34: 30 [ EST]
"Awning" means any permanent or temporary structure attached to and wholly supported by a building, and installed over or in front of openings or windows and consisting of a fixed or movable frame and a top of canvas or other similar material covering the entire space enclosed between the frame and the building. "Canister signs" means a sign that contains all the text and/or logo symbols within a single enclosed cabinet that may or may not be illuminated.
"Canopy" means any structural, ornamental roof-like appendage, freestanding or attached to a building, including roof overhangs, but excepting awnings.
"Clearance" means the vertical dista.nce between the bottom of a sign and the finished grade below the sign. "Directional sign" means an on-site sign designed and erected solely for the purpose of directing vehicular and/or pedestrian traffic safely within a project, pursuant to Section 17.72.130 herein. "Double-faced sign" means any single sign structure having two sign face areas, with each face oriented up to one hundred eighty degrees from the other.
"Election sign" means any sign concerning candidates for elective office or involving a ballot measure. "Face of building" means the general outer surface of the main exterior wall of any building, not including cornices, bay windows and other ornamental trim.
"Freestanding sign" means a sign supported by one or more posts erected on the ground. "Illuminated sign" means any sign that has a source of light on the surface of the sign or in the interior of the sign itself. •
"Indirectly lighted sign" means any sign that is illuminated from a remote location. "Marquee" means a permanent projecting roof structure attached to and supported by a building wall, which may project over a public right-of-way.
"Neighborhood shopping centers" means three or more businesses, with separate entrances, that function as an integral unit and which utilize common off-street parking and access. "Outdoor advertising structure" means any sign that has a flat surface sign space upon which advertising may be posted, painted or affixed, and that is primarily designed for the rental or lease of such sign space for advertising not relating to the use of the property upon which the sign exists. "Outside display" means any permitted amount of goods, merchandise, material, landscape items or similar articles that are placed immediately outside a business. Such outside display shall not include prices, advertisements, or information regarding goods and services offered. "Painted signs" means any sign that incorporates or utilizes no other materials than paint, located on any building surface excepting windows.
"Pedestrian oriented signs" means a sign that is mounted from a building fa~ade or awning such that it hangs directly over a public sidewalk or building walkway and that it is designed, installed and intended to be viewed primarily by individuals walking by or near the store front. Such signs include projecting blade signs. "Political sign" means any sign expressing a political, religious, or other ideological sentiment not involving an election.
"Portable sign" means a moveable temporary sign designed and placed immediately outside the location of a business. This includes A-frame and similar signs.
"Projecting sign" means any sign, the surface of which is not parallel to the face of the supporting wall and that is supported wholly by such wall. Signs on marquees that extend over the right-of-way that are placed so as Created: 2024-05-07 17:34:29 [EST]
(Supp, No. 38)

not to be parallel with the street shall be considered projecting signs. This definition shall include "V" or wing-type signs, blade and bracket signs.
"Roof sign" means any sign erected upon or over the roof or parapet of any building and supported in whole or in part by the building.
"Sign" means any device for visual communication, including any announcement, declaration, display, illustration or insignia that is used to advertise or promote the products or services of any person, business group or enterprise available on the lot where located. Architectural features consisting of an integral structural part of a building shall not be considered a sign.
"Sign height" means the vertical distance measured from the ground level to the top of the sign. "Temporary sign" means any sign, banner, decorative flag, pennant, valance, advertising display or other item intended to draw attention to, or provide information for a business. Such signs are typically constructed of cloth, canvas, light fabric, cardboard, wood, Plexiglas, wall board or other light materials with or without frames. "Wall sign" means any sign affixed to the wall of any building or structure, in essentially a flat position on the wall.
"Window sign" means any sign painted on or affixed to the inside of a window. (Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.020 Prohibited signs.

The following signs are inconsistent with the purposes and standards of this chapter and are therefore prohibited:

A. Rotating, moving, flashing, changing, reflecting or blinking signs except time and temperature signs and other public service signs which may produce a changing message with lights, which does not create any traffic hazards and subject to approval of the planning commission; B. Animated signs;
C. Signs on public property or right-of-way unless otherwise authorized within this chapter, and as provided in Section 17.20.020(J)(6);
D. All off-site signs;
E. Outdoor advertising structures, defined herein and commonly called "billboards"; F. Signs employing exposed neon tubing, excluding reverse channel letters with silhouette illumination, neon signs approved under a creative sign permit and neon window signs not exceeding ten percent of the window area;
G. Abandoned business signs;
H. Canister signs also know as "can" or "cabinet" signs; and, I. Roofmounted signs.
(Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.030 General provisions.

The following general sign provisions and regulations shall apply.

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(Supp. No. 38)

A. Sign Placement. Signs shall be placed facing the public right-of-way, interior courtyards or parking areas. Signs shall not be placed in a manner to interfere with the privacy or enjoyment of residences.

B. Trade Construction Signs. One sign advertising the various construction trades shall be permitted on construction sites where there is an active building permit. Such signs shall not exceed thirty-two square feet in area.

C. Proper Maintenance of Signs. The user, owner or lessee of a sign authorized hereunder shall maintain the sign in good repair with all illumination, if any, functioning, with all letters intact, and colors that are not faded. A sign that is not in good repair is a nuisance and shall be abated pursuant to the Sierra Madre Municipal Code.

D. "No Trespassing" Signs. A "no trespassing" or "no dumping sign" not exceeding three square feet shall be permitted for public health and safety purposes in addition to other authorized signs.

E. Freestanding Sign Height. Unless otherwise specified, the maximum height for freestanding signs shall be six feet.

F. Painted Window Signs-Size. The maximum area of a painted window sign is twenty percent of each windowpane and the sign copy shall be changed at least every forty-five days.

G. Awning signs. Signs on awnings are permitted provided the sign copy is limited to the valance if one exists, or covers not more than twenty percent of the awning surface, if no valance exists.

H. Projection of Signs. The following schedule shall be applied to all those signs that project over public rights-of-way excluding those signs mounted directly on a marquee.

Clearance Maximum Projection
Less than 8' Not permitted
8'to 16' 1' plus 6" for each foot of clearance in excess of 8' Over 16' 5'
I. Marquee Signs. Signs may be mounted on the side and face perimeter of a marquee provided that those signs do not project more than one foot above said marquees. Signs mounted on the sides of marquees shall not project toward the street further than the edge of the marquee. Signs may be mounted under marquees provided that the clearance is a minimum of eight feet.

J. Glare from Signs. All illuminated signs in all zones shall be designed in such manner as to avoid undue glare or reflection of light on private property in the surrounding area and so as not to create a traffic safety hazard.

K. Election Sign Regulations. Election signs are permitted without a permit in all zones, however, the following regulations apply to candidates, their campaign committee(s) and their respective signs.

1. A one hundred dollar cash bond shall be posted with the city to guarantee removal of election signs by candidates or their campaign committee(s) for all signs related to the campaign;

2. Signs shall not exceed six square feet in area with the aggregate signage for each lot not exceeding eighteen square feet and signs shall not exceed six feet in height above the adjacent grade;

3. Signs shall not be illuminated in residential zones;

4. Signs shall not be nailed to trees, fences, public utility poles and shall not be located on city facilities;
Created: 2024-05-07 17:34:29 [EST]
(Supp. No. 38)

5. Signs shall be designed and placed in a manner that does not create a vehicular or pedestrian traffic safety hazard as determined by the city engineer.

6. Signs shall be removed within ten days after the election or bond posted shall be forfeited and the city shall use whatever part of the bond money as is necessary for removal. Any amount of the bond remaining shall be refunded upon request made within ninety days after the election; and

7. The one hundred dollar bond requirement shall also apply to signs located at campaign or party headquarters.

L. Political Sign Regulations. Political signs are permitted without a permit in all zones subject to the following regulations:

1. Signs shall not exceed six square feet in area with no side greater than three feet and the aggregate signage for each lot not exceeding twelve square feet and signs shall not exceed six feet in height above the adjacent grade;

2. Signs shall not be illuminated in residential zones;

3. Signs shall not be nailed to trees, fences, public utility poles and shall not be located in the public right-of-way; and

4. Signs shall be designed and placed in a manner that does not create a vehicular or pedestrian traffic safety hazard as determined by the city engineer. (Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.040 Sign regulations-R-1 and R-2 zones.

A. The following sign types and sizes are permitted without a permit:

1. A nameplate not exceeding one square foot in area containing the name and address of occupant of the premises;

2. One unlighted sign not exceeding six square feet in area pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed;

3. Historic plaques and markers provided that are approved by the planning commission.

B. A sign permit shall, however, be required for signs up to twenty square feet in area per side for multiple dwellings, hotels, clubs, lodges, churches, schools, parks and signs approved under a conditional use permit.

C. Signs exceeding twenty square feet per side are prohibited. (Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1435, § 9, 10-27-20)

17.72.050 Sign regulations-R-3 zones.

A. The following types and sizes of non-illuminated signs are permitted without a permit, provided that they are installed flat against an onsite building or structure and shall not extend above the top of the wall to which they are affixed:

1. One nameplate per unit not exceeding one square foot in area containing the name and address of occupant of the premises;
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(Supp. No. 38}
Pages of 14

2. One sign with the name and address of the building not to exceed two and one-half square feet in area; and

3. One sign not to exceed nine square feet in area, pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed.

B. A sign permit shall, however, be required for illuminated signs and signs in excess of the size limits set forth in, or otherwise inconsistent with, subsection A above.

C. Signs exceeding twenty square feet per side are prohibited. (Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1389, Exh. A,§ 30, 7-11-17; Ord. No. 1466, § 92, 3-28-23)

17.72.060 Sign regulations-R-E overlay zone.

A. The following types and sizes of non-illuminated signs are permitted without a permit, provided that they are installed flat against an onsite building or structure and shall not extend above the top of the wall to which they are affixed:

1. One nameplate per unit not exceeding one square foot in area containing the name and address of occupant of the premises;

2. One sign with the name and address of the building and business not to exceed five square feet in area; and

3. One sign not to exceed nine square feet in area, pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed.

B. A sign permit shall, however, be required for illuminated signs and signs in excess of the size limits set forth in, or otherwise inconsistent with, subsection A above.

C. Signs exceeding twenty square feet per side are prohibited. (Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1389, Exh. A,§ 31, 7-11-17; Ord. No. 1466, § 93, 3-28-23) Editor's note(s)-Ord. No. 1466, § 93, adopted March 28, 2023, amended the title of§ 17.72.060 to read as herein set out. The former§ 17.72.060 title pertained to sign regulations-R-P zone.

17.72.090 Sign regulations-C and M zones.

Except as otherwise provided in this chapter, each business shall be limited to not more than two signs.

A. Sign Area. One and one-half square feet of sign area per lineal foot of building frontage.

B. Frontage on Two or More Streets. A business in a building facing on more than one right-of-way shall be allowed the authorized sign area on each street which it faces, provided that the areas may not be accumulated on one right-of-way and shall not exceed the allowed area on any one right-of-way.

C. Sale and Rental Signs. Commercial and manufacturing properties shall be authorized one for sale or rent sign while the property is actually for sale or rent. These signs shall not exceed two square feet in area and shall be designed and located in a manner approved by the planning and community preservation and public works departments. No permit is required for these signs.

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(Supp. No. 38)

D. Multi-tenant Buildings. Businesses in interior spaces of multi-tenant buildings may have signage at the street access and at their business location, however the total sign area shall not exceed one and onehalf square feet per lineal foot of storefront.

E. Generally, only the name or use of the business shall appear on the sign. The use of subordinate information such as telephone numbers, lists of products, pictures of products, etc., are discouraged, but may be considered at the discretion of the director. Further, where subordinate information is allowed, the name or use of the business shall be the dominant message and the subordinate information shall not create any vehicular or pedestrian traffic hazards. (Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1466, §§ 94, 95, 3-28-23)

17.72.100 C and M zones-Special conditions and uses.

A. Second Story Businesses. Businesses maintained exclusively on the second floor of a two story building shall be authorized up to fifty percent of the total sign area as designated by the front footage of said building; provided, that in no case shall the combined total area of signs for all business on the second floor exceed fifty percent of the total authorized sign area.

B. Listing of Business Associate. In addition to the other sign usage authorized herein, each separate business shall be allowed, on or behind windows facing the public view, a sign indicating the owners, operators or business associates exercising the use; provided, that such lettering shall be enclosed within a single area and shall not exceed a total of two square feet.

C. Gasoline Service Stations. No outdoor advertising signs or structures shall be permitted except as provided in subsections (C)(l) through (4) of this section as follows:

1. Identification signs or structures which may be each of the following:
a. Identification signs may be located on or incorporated within the pump island canopy structures.

These signs shall not project above the top of the canopy structure, shall not exceed a maximum area of twenty square feet for each sign face, and each sign shall be limited in length to a maximum of fifty percent of the long dimension of the canopy on which the sign is located, or b. One freestanding sign or structure incorporated within freestanding walls, planter beds or other suitable building materials. Such sign shall not exceed twenty feet in height and will have a maximum sign area per sign face of thirty-five square feet. In no case shall these signs or sign structures be permitted to project beyond the property line;

2. One permanently placed poster-type sign not exceeding four feet in width and six feet in height from the ground level shall be permitted. Such sign may be located at the discretion of the owner provided it is not located upon public property;

3. Flags, banners, spinners and similar advertising devices shall not be permitted except as provided in Section 17.72.190 (Temporary signs and displays);

4. Two Rate or Price Signs. Such signs shall not exceed three feet in width and four feet in height.

D. Signs in Neighborhood Shopping Centers. In addition to the sign area allowed for individual businesses, shopping centers shall be allowed one double-faced, indirectly lighted identification sign. Said sign shall be allowed twenty-five square feet per side and shall have a maximum height of ten feet. In addition, for those shopping centers containing more than one acre of land area, said sign shall be allowed an additional ten square feet of sign per acre, but shall not exceed fifty square feet per side nor exceed ten feet in height.

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(Supp. No. 38)

E. Pedestrian Oriented Signs. Each business is permitted a pedestrian oriented sign up to a maximum of four square feet per side. Such signs shall not be internally illuminated and shall hang from a bracket that projects away from the fac;:ade or awning to which it is mounted. If pedestrian oriented signs are utilized, the area of that sign is in additional the area that would otherwise be permitted. (Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.105 Creative signs.

This section establishes standards and procedures for the review and approval of creative sign permits. The purpose of the creative sign permit is to encourage signs of unique design that exhibit a high degree of thoughtfulness, imagination, inventiveness and spirit. This section also provides a process for the application of sign regulations in ways that will allow creatively designed signs to make a positive visual contribution to the overall image of the city, while mitigating the potential impacts of larger or unusually designed signs.

A. Applicability. An applicant may request approval of a creative sign permit in order to allow standards that exceed the otherwise permitted standards of Chapter 17.72 by up to an additional twenty-five percent but comply with the purpose and findings of this section. Additionally, exposed neon signs may be approved under a creative sign permit.

B. Application Requirements. A creative sign permit application shall include all information and materials required by the planning and community preservation department.

C. Approval Authority. An application for a creative sign permit shall be subject to review and approval by the director, unless appealed.

D. Findings. To approve an application for a creative sign permit, the director shall find that the proposed sign meets the following design criteria.

1. Design Quality. The sign shall:
a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;
b. Be of unique design and exhibit a high degree ofthoughtfulness, imagination, inventiveness and spirit;
c. Incorporate the use of mixed media or use media in a unique manner; and d. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale and proportion.

2. Contextual Criteria. The sign shall contain at least one of the following elements:
a. Classic historic design style;
b. Creative image reflecting current or historic character of the City; or c. Inventive representation of the use, name, or logo of the structure or business.

3. Architectural Criteria. The sign shall:
a. Utilize or enhance the architectural elements of the building; and b. Be placed in a logical location in relation to the overall composition of the building's fac;:ade and not cover any key architectural features and details of the fac;:ade.

4. Impacts on Surrounding Uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.

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(Supp. No. 38)

{Ord. 1205 § 2 (Exh. 1 (part), 2003)
{Ord. No. 1466, §§ 96, 97, 3-28-23)

17.72.110 Review by the planning commission.

The planning commission shall be required for the design and location of signs in excess of forty square feet, all signs projecting above the top of a building line, and freestanding signs in excess of twenty square feet. All other signs shall be reviewed and approved by the director; provided, however, that either the applicant or the director can request review by the planning commission.
{Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1466, § 98, 3-28-23)

17.72.120 Signs for public and quasi-public uses.

Directional and public safety signs for public and quasi-public uses may be permitted on public property. The design must conform to standard directional sign specifications. The total number of signs allowed shall be based on the minimum number necessary for adequate public safety and identification as determined by the city council. (Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.130 Signs for public safety and convenience-Chapter compliance required.

When deemed necessary, the director or his/her authorized representative may authorize and approve directional signs not to exceed six square feet per face to serve the public safety or convenience, such as "Entrance" signs, "Exit" signs, "Office" signs, "Parking" signs and the like. {Ord. 1205 § 2 (Exh. 1 (part), 2003)
{Ord. No. 1466, § 99, 3-28-23)

17.72.140 Permit required.

It is unlawful for any person, entity or corporation to authorize, alter, erect, construct, maintain, move, change, place, suspend or attach any sign within this city without an approved sign permit, and related building and electrical permits, as required by this chapter. Signs that legally existed prior to the effective date of this chapter may be altered, reconstructed, maintained, moved, or changed only in compliance with this chapter. {Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.150 Application for sign permits.

Application for sign permits shall be made upon forms provided by the director and shall be accompanied by the following material.

A. The name, address and telephone number of the property owner, permit applicant (owner of the sign) and the sign contractor, if any;
B. Two copies of a site plan and elevations showing:

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(Supp. No. 38)

1. Sign height, size, color, type, style, elevation above final grade level, method of illumination and materials for the proposed sign,

2. Location, size and height of all signs and structures existing on the premises at the time of making such application,

3. Position of sign and its relation to adjacent buildings or structures; C. Such other information as the director may require to show full compliance with this and all other ordinances of the city.
(Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1466, § 100, 3'-28-23)

17.72.160 Application fees.

At the time an application for a sign permit is submitted, the applicant shall pay a fee pursuant to the most recently adopted city council fee resolution.
(Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.170 Double permit fee.

The applicable fee for a sign permit shall be doubled when the installation of a sign is commenced before obtaining a permit. Applicants shall also be subject to double fees for building and/or electrical permits. (Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.180 Review of sign applications.

A. Staff Review. All sign applications shall be reviewed for completeness by the planning and community preservation department. As permitted by this chapter staff may approve, approve subject to modification, or deny any sign permit application subject to the criteria of subsection C below. A staff decision may be appealed to the planning commission.

B. Planning Commission Review. Where specifically required herein the planning commission shall review any sign permit application and shall thereof approve, approve subject to modification, or deny said application subject to the criteria of subsection C below. Any decision of the planning commission shall be final unless appealed to the city council pursuant to Municipal Code requirements.

C. Review Criteria. The appropriate reviewing body shall approve only those signs that are consistent with the purposes and intent of this chapter and that are found to meet the following criteria:

1. Size, shape, color and placement of the sign is compatible with and bears an harmonious relationship to the building it identifies as follows:
a. Proportional size and scale. Size and scale shall be proportional to the building fa~ade; b. Integrated with the building. Signs shall be integrated into the fa~ade recognizing and complimenting architectural projections and windows and establishing a rhythm to the fa~ade; c. Colors shall be selected to enhance sign legibility and visibility, further contrasting colors are encouraged.

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(Supp. No. 38}

2. Both the location of the proposed sign and the design of its visual elements: materials, lettering, colors, decorative motifs, spacing, and proportions, shall be legible under normal viewing conditions prevailing where the sign is to be installed as follows:
a. Signs shall be oriented to either pedestrian or vehicle traffic; b. Materials shall be compatible with the fa~ade and reflective materials shall be avoided; and c. Signs shall not crowd and overpower the fa~ade by projecting too close to the edge of the wall or surface to which the sign is affixed.

3. The location and design of the proposed sign shall not obscure from view, or unduly detract from adjacent signs.

4. The design and placement of the sign does not create a pedestrian or vehicular traffic safety hazard as determined by the city engineer.

5. The location and design of the proposed sign shall not have an adverse effect on the value and character of the adjacent residential zoning district or residential neighborhood. As evidenced by the signs orientation and light and glare impacts to the adjacent residential neighborhood. (Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1466, § 101, 3-28-23)

17.72.190 Temporary signs and displays.

A temporary sign and/or temporary display permit shall be required, and may be issued by the director subject to the requirements of Sections 17.72.140 through 17.72.190, inclusive. At the director's discretion a permit for outdoor display and portable signs can be issued for a twelve-month period. That a copy of the approved permit shall be forwarded to the code enforcement officer.

A. Outside Display. The display of goods and merchandise immediately outside a business is permitted subject to an approved permit as follows:

1. A dimensioned site plan shall be submitted to the director, that indicates the location of the outside display area;

2. The maximum display depth shall be no greater than five feet from the fa~ade face but in no case closer than five feet to the edge of the sidewalk, with a maximum height of four above the sidewalk grade and the display shall cover not more than fifty percent of the width of the storefront (outdoor dining is exempt from these limitations);

3. Goods and merchandise displayed outside of a business shall be limited to those items regularly stocked and sold in the business. Further, the display shall be installed and maintained in a neat and orderly fashion at all times, and goods may only be displayed during normal business hours; and,

4. An encroachment permit shall be obtained from the department of public works.

B. Temporary Banners. Temporary banners and similar signs as defined in this chapter, may be permitted by the director as follows:

1. Application for a temporary sign shall be made on forms provided by the director of development services. The application shall also indicate the size of the banner; Created: 2024-05-07 17:34:29 [EST]
(Supp. No. 38)

2. A maximum of four temporary sign permits may be approved for any single business location within a calendar year, with the total cumulative temporary sign display days not to exceed sixty days. The maximum period lot any individual temporary sign permit shall not exceed thirty days;

3. If such temporary sign is to be placed on the public sidewalk, the applicant shall submit in addition to a temporary sign application, a site plan indicating the location of the temporary sign and an encroachment permit shall be obtained from Public Works; and

4. Temporary banners shall be placed on the building fa~ade. The attachment of banners to trees, light and utility poles or similar configuration shall not be permitted.

C. Portable Signs. A moveable temporary sign that is designed and placed immediately outside the location of a business is allowed with an approved permit.

1. A dimensioned site plan shall be submitted to the director that indicates the location and size of the portable sign. The sign shall be located immediately adjacent to the storefront or building fa~ade and there shall be not less than five feet between the sign area and edge of the sidewalk to allow for free and unobstructed pedestrian access;

2. Signs shall not exceed a total sign area of twenty-four square feet, or twelve square feet for each sign face;

3. Portable signs may only be displayed during normal business hours; and

4. An encroachment permit shall be obtained from the department of public works. (Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1466, § 102, 3-28-23)

17.72.200 Amortization schedule.

Every on-site sign that is or that becomes non-conforming as a result of this ordinance shall be subject to remediation as provided for in California Business & Professions Code sections 5492, 5493, 5495 and 5497. (Ord. 1205 § 2 (Exh. 1 (part), 2003}

17.72.210 Appeals.

Any appeal from the abatement provisions shall be filed with the secretary of the planning commission within thirty days after the date of mailing of the order of abatement by the director. All lengths and periods of time established for abatement under the provisions of Section 17.72.200 are declared to be prima facie time limits only and may be the subject of appeal as provided herein. Any person who is the owner, or who has any ownership interest in any property to which said order of abatement applies, may file an appeal. Upon receipt of an appeal, the planning commission shall give notice of hearing and shall conduct the same in the manner prescribed in this code. With reference to notice of hearing, no notice need be given to surrounding property owners. At the time and place set for the hearing, the commission shall give the appealing party an opportunity to be heard, in addition, where the appeal is from a prima facie length of time established by the provisions in Section

17.72.200 for the termination of nonconforming uses, the commission shall either affirm or extend said prima facie period of time based on all of the following:

A. The construction cost of the nonconforming structure; B. The date of construction;
Created: 2024-05-07 17:34:29 [EST]
{Supp. No. 38)

C. Types of materials of construction;
D. Cost and extent of any structural improvements made subsequent to construction and prior to conformity;
E. The minimum period of amortization established for said types of structures by the Internal Revenue Service under then current regulations and rules;
F. Actual method of depreciation used for federal income tax purposes. (Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1466, § 103, 3-28-23)

17.72.220 Grounds for dismissal-Decision final.

At the time notice of the abatement appeal hearing is given to the appellant as required herein, the director shall also notify the appellant to furnish the information specified in section 17.72.210(A)-(F) to the commission, at or before the time of hearing. Failure of the appellant to provide any of the required information shall be grounds for the immediate dismissal of said appeal. The commission's decision shall be final and conclusive in the absence of an appeal to the city council in the time and manner set forth herein with reference to zone variances and conditional use permits.
(Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1466, § 104, 3-28-23)

17.72.230 Appeal of director's determination and revocation of permit.

An appeal of a determination of the director, and the revocation of a sign permit shall be pursuant to the following provisions:

A. Any decision by the director pursuant to the provisions of this chapter may be appealed to the planning commission within fourteen calendar days from the date of the determination. Such appeal shall be made in writing and be accompanied by an appeal fee designated in the city of Sierra Madre fee resolution. The commission shall conduct a noticed public hearing within thirty days of staff receiving the appeal or as soon thereafter as is possible. The determination of the planning commission shall be final unless appealed to the city council pursuant to the provisions of the Sierra Madre Municipal Code.

B. A sign permit may be revoked as follows:

1. Upon the determination by the director that the sign is not being displayed in conformance with the provisions of this chapter, or in conformance with the approved sign permit, the director shall place the matter before the planning commission for consideration of revocation.

2. The planning commission shall revoke the sign permit upon the determination that the sign is not being displayed in conformance with the provisions of this chapter, or in conformance with the approved sign permit.

3. The determination of the planning commission may be appealed to the city council, pursuant to the provisions of the Sierra Madre Municipal Code.
(Ord. 1205 § 2 (Exh. 1 (part), 2003)
(Ord. No. 1466, § 105, 3-28-23)
Created: 2024-05-07 17:34:30 [EST]
(Supp. No. 38)

Created: 2024-05-07 17:34:30 [EST]
(Supp. No. 38)

TO:

FROM:

REVIEWED BY:

DATE:

SUBJECT:

City of Sierra Madre

AGENDA REPORT
<R.p6ert <Park[iurst, :M..ayor
'l(ristine Lowe, :M..ayor <Pro <Tern
CE,awara qarcia, Counci{ :M..em6er
qene qoss, Counci{ 9vlem6er
'l(e{{y 'l(rie6s, Counci{ 9vlem6er
Susan Spears, City <Treasurer
Honorable Mayor Parkhurst and Members of the City Council Aleks R. Giragosian, City Attorney
Jose Reynoso, City Manager
February 11, 2025
ORDINANCE 1478 TO DESIGNATE THE CITY

MANAGER OF SIERRA MADRE AS THE DIRECTOR

OF EMERGENCY SERVICES

STAFF RECOMMENDATION
Staff recommends that the City Council conduct first reading of an Ordinance (Attachment A) designating the City Manager as the Director of Emergency Services.

ALTERNATIVES
The City Council may:

1. Conduct and approve the first reading of the proposed ordinance;

2. Decline to adopt an ordinance designating the City Manager as the Director of Emergency Services; or

3. Provide alternative direction to staff.

ANALYSIS
On July 14, 2020, City Council adopted Ordinance No. 1429, reducing the number of commissioners for active commissions and removing references to inactive commissions. In doing so, Ordinance No. 1429 repealed Chapter 2.32, thereby dissolving the Emergency Services and Disaster Commission. But in repealing that chapter, the City inadvertently deleted the designation of City Manager as the Director of Emergency Services.
387017.3
Pursuant to Government Code section 8630, subdivision (a), "A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body." Either the City Council may meet at an emergency, special, or regular meeting to proclaim a local emergency or it may authorize a staff member to proclaim a local emergency. In the latter scenario, the City Council must ratify that proclamation within seven days (Gov.

Code, § 8630, subd. (b).)
The Eaton Fire underscored the need for the City Council of Sierra Madre to reinstate the designation of the City Manager as Director of Emergency Services to mobilize response and relief efforts expeditiously.

Ordinance No. 1478 amends SMMC 2.08.070 (Powers & Duties) of Chapter 2.08 (City Manager) to designate the City Manager as the Director of Emergency Services with the authority to proclaim a local emergency. This Ordinance also adds SMMC Section 2.08.140 (Director of Emergency Services) to outline the duties of the director, provide for the ability to designate an alternative director of emergency services, and define the term "emergency".

Ordinance No. 1478 also makes an administrative amendment to clarify that the City Manager has the authority to appoint and remove the City Clerk, now that the City Clerk is no longer an elective office.

ENVIRONMENTAL (CEQA)
This Ordinance is not a "project" for purposes of the California Environmental Quality Act because under 14 CCR 15378(b)(5) the Ordinance results in "Organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment."

STRATEGIC PLAN CORRELATION
N/A

FISCAL IMPACT
There is no fiscal impact associated with this Ordinance.

PUBLIC NOTICE
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City's website at www.cityofsierramadre.com.

ATTACHMENT:

Attachment A- City Council Ordinance 14 78
387017.3
ORDINANCE NO.1478

AN ORDINANCE OF THE CITY OF SIERRA MADRE,

CALIFORNIA, TO DESIGNATE THE CITY MANAGER AS

THE DIRECTOR OF EMERGENCY SERVICES

RECITALS
WHEREAS, Government Code section 8630, subdivision (a), provides, "A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body"; and WHEREAS, the City Council desires to designate the City Manager as the Director of Emergency Services with the authority to proclaim a local emergency.

THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. Amendment. Section 2.08.070 (Powers and Duties) of Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) of the Sierra Madre Municipal Code is amended to read as follows, with additions denoted by underlined text and deletions denoted by struck through te~:

2.08.070 - Powers and duties.

The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this section.

He/she shall be responsible for the efficient administration of all the affairs of the city which are under his/her control. In addition to his/her general powers as administrative head, and not as a limitation thereon, it shall be his/her duty and he/she shall have the powers set forth in the following subsections:

A. Law Enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.

B. Authority Over Employees. It shall be the duty of the city manager, and he/she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his/her jurisdiction through their department heads.

C. Power of Appointment and Removal. It shall be the duty of the city manager to, and he/she shall appoint, discipline, remove, promote and demote any and all officers 387016.2
and employees of the city except the city clerk, city treasurer or city attorney, subject to all applicable personnel ordinances, rules and regulations.

D. Administrative Reorganization of Offices. It shall be the duty and responsibility of the city manager to conduct studies and effect administrative reorganization of offices, positions or units under his/her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

E. Ordinances. It shall be the duty of the city manager and he/she shall recommend to the city council for adoption such measures and ordinances as he/she deems necessary.

F. Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the city council unless at his/her request he/she is excused therefrom by the mayor individually or the city council, except when his/her removal is under consideration.

G. Financial Reports. It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.

H. Budget. It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

I. Expenditure Control and Purchasing. It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or his/her authorized representative. The city manager or his/her authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

J. Investigations and Complaints. It shall be tt:te duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the services maintained by public utilities in the city.

K. Public Buildings. It shall be the duty of the city manager and he/she shall exercise general supervision ov~r all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council.

L. Local Emergencies. It shall be the duty of the city manager to serve as director of emergency services with the authority to proclaim a local emergency in the city. 387016.2
M. Additional Duties. It shall be the duty of the city manager to perform other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance or resolution or other official action of the city council.

SECTION 3. Addition. Section 2.08.140 (Director of Emergency Services) is added to Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) of the Sierra Madre Municipal Code to read as follows:

2.08.140 - Director of emergency services.

A. Duties. The city manager shall serve as director of emergency services with the following duties:
387016.2

1. Request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

2. Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;

3. Control and direct the effort of the emergency operations center of this city;

4. Direct cooperation between and coordination of services and staff of the emergency operations center of this city;

5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies;

6. In the event of the proclamation of a local emergency by the governor or the director of the State Office of Emergency Services, or the existence of a "state of war emergency," the director is empowered to:
a. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be ratified at the earliest practical time by the city council;
b. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use;
c. Require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as the director deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers;
d. Requisition necessary personnel or material of any city department or agency; and
e. Execute all of the ordinary power of the office of city manager, all of the special powers conferred by this chapter, or by resolution or emergency plan adopted by the city council, all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority.

B. Designation of Alternate. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. Such orders of succession shall be approved by the city council.

C. Emergency. As used in this section, "emergency" or "local emergency" means the actual or threatened existence of conditions of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat.

SECTION 4. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.

SECTION 5. Certification. Pursuant to Government Code Section 36932, the City Clerk shall certify the passage, approval, and adoption of this Ordinance by the City Council.

SECTION 6. Publication. Pursuant to Government Code Section 36933, the City Clerk shall cause this Ordinance to be published or posted.

SECTION 7. Records. Pursuant to Government Code Section 40801, proof of certification and publication shall be entered in the book of Ordinances of the City Council.

SECTION 8. Effective Date. Pursuant to Government Code Section 36937, this Ordinance shall take effect thirty days after its adoption. 387016.2
PASSED, APPROVED, AND ADOPTED this ____ day of...___ ___ , 2025.

Robert Parkhurst, Mayor
I HEREBY CERTIFY that the foregoing Ordinance was introduced by first reading on the 11 th day of February, 2025, and duly adopted at a regular meeting held on the_ day of ___ 2025, by the City Council of the City of Sierra Madre, California, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Laura Aguilar, City Clerk
3870 16.2
TO:

FROM:

REVIEWED BY:

DATE:

SUBJECT:

City of Sierra Madre

AGENDA REPORT
<RJ)6ert Park,liurst, :Mayor
'Kristine Lowe, :Mayor Pro 7'em
<Eawara qarcia, Counci[ :Mem6er
qene qoss, Counci[:Mem6er
'K,e[[y 'K,rie6s, Counci[ :Mem6er
Susan Spears, City 7'reasurer
Honorable Mayor Parkhurst and Members of the City Council Aleks R. Giragosian, City Attorney
Jose Reynoso, City Manager
February 11, 2025
RESOLUTION NO. 25-06 ESTABLISHING A

LEGISLATIVE ADVOCACY POLICY AND

AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO TAKE POLICY POSITIONS ON

LEGISLATION, REGULATION, INITIATIVES, OR

OPPORTUNITIES

STAFF RECOMMENDATION
Staff recommends the City Council consider adoption of Resolution No. 25-06 establishing a legislative advocacy policy and authorizing the City Manager or designee to take policy positions on legislation, regulation, initiatives, or opportunities.

ALTERNATIVES
1) Adopt Resolution No. 25-06 as amended by the City Council; 2) Do not adopt Resolution No. 25-06;
3) Establish an ad hoc committee of the City Council to present a recommendation at a future meeting; or
4) Continue the item and provide further direction to staff.

ANALYSIS
From time to time, neighboring public agencies or a member organization of which the City is a member will ask the City to take a policy position on some legislation, regulation, initiative, or opportunity. The City often cannot act in time because the City Council only meets twice a month.

At its January 28, 2025 regular meeting, the City Council considered a prior version of this Legislative Advocacy Policy, included as Attachment A, which sought to:
384786.2
1) identify the City's legislative policy priorities; and 2) empower the City Manager or designee to take policy positions on behalf of the City consistent with those legislative priorities.

The legislative priorities included in the Resolution were taken word-for-word from the Cal Cities' 2025 Advocacy Priorities list.

After consideration, the City Council expressed the following preferences:
1) to prioritize requests from neighboring or regional public agencies; 2) to expand the scope of the Resolution to include funding applications and other opportunities to increase resources; and
3) for the City Manager to consult with the Mayor prior to taking a policy position.

The revised Resolution, included as Attachment B, makes the following changes:
1) Clarifies that a policy position may be adopted if the following criteria are met:
i. The position is at the request of a neighboring public agency or a member organization of which the City is a member;
ii. The position supports an increase in or opposes a decrease in resources to the City, a neighboring public agency, or a member organization of which the City is a member; and
iii. The Mayor approves the policy position.
2) Removes reference to Cal Cities' 2025 Advocacy Priorities list.

ENVIRONMENTAL (CEQA)
This Resolution is not a "Project" for purposes of the California Environmental Quality Act because under 14 CCR 15378(b)(1), a "Project does not include: ... Proposals for legislation to be enacted by the State Legislature" and under 14 CCR 15378(b)(4), a "Project does not include: ... Organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment."

STRATEGIC PLAN CORRELATION
N/A

FISCAL IMPACT
The adoption of this Resolution is not anticipated to have any direct fiscal impact on the City of Sierra Madre. All activities associated with implementing the Legislative Advocacy Policy, including the designation of the City Manager or their designee to take policy positions on behalf of the City, will be carried out within existing staff resources and budget allocations.

By streamlining the process for responding to legislative and regulatory requests, the policy is expected to enhance the City's ability to advocate for its interests without incurring additional costs.
384786.2

PUBLIC NOTICE
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City's website at www.cityofsierramadre.com.

ATTACHMENTS:

Attachment A:

Attachment B:
384786.2
Prior Version of City Council Resolution No. 25-06
Revised Version of City Council Resolution No. 25-06
RESOLUTION NO. 25-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIERRA MADRE, CALIFORNIA, ESTABLISHING A

LEGISLATIVE ADVOCACY POLICY AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO TAKE POLICY

POSITIONS ON LOCAL, REGIONAL, STATE, OR

FEDERAL LEGISLATION, REGULATION, INITIATIVES, OR

OPPORTUNITIES

THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. Purpose. The purpose of this legislative advocacy policy is to delegate the authority to take policy positions to the City Manager or designee to allow for a timely response to pending legislation, regulation, initiatives, or opportunities.

SECTION 2. Policy Procedures. The City Manager or designee may take a policy position on local, regional, state, or federal legislation, regulation, initiatives, or opportunities utilizing the following procedures:

A. A policy position may be adopted if the following criteria are met:
i. The position is at the request of a neighboring public agency or a member organization of which the City is a member;
ii. The position supports an increase in or opposes a decrease in resources to the City, a neighboring public agency, or a member organization of which the City is a member; and
iii. The Mayor approves the policy position.

B. The City Manager will conduct a review of positions and analysis conducted by the League of California Cities and other local government associations when formulating positions.

C. If the City Manager takes a policy position, the correspondence shall state whether the City will "support", "support if amended", "oppose", or "oppose unless amended", and shall include adequate justification for the recommended action.

D. The City Manager may submit correspondence expressing concern or interest, without taking a formal policy position.

E. When correspondence is sent to a state or federal legislative body, the appropriate federal or state legislators representing the City shall be included in the correspondence. The appropriate contacts at the League of California Cities or other local government association may also be included in the correspondence.

F. All policy positions adopted by the City Manager or designee shall be communicated to the City Council at the next regularly scheduled City Council meeting either orally or in writing.

SECTION 3. CEQA. This Resolution is not a "Project" for purposes of the California Environmental Quality Act because under 14 CCR 15378(b)(1), a "Project does not 384787.3
include: ... Proposals for legislation to be enacted by the State Legislature" and under 14 CCR 15378(b)(4), a "Project does not include: ... Organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment."
SECTION 4. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Resolution or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Resolution or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.

SECTION 5. Certification. Pursuant to Government Code Section 36932, the City Clerk shall certify the passage, approval, and adoption of this Resolution by the City Council.

SECTION 6. Effective Date. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, AND ADOPTED this 11th day of February, 2025.

Robert Parkhurst, Mayor
I HEREBY CERTIFY the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Sierra Madre, California, at a meeting held on the 11 th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Laura Aguilar, City Clerk
384787.3
City of Sierra Madre

AGENDA REPORT
<R.p6ert Park[iurst, 1vf.ayor
'l(ristine Lowe, 1vf.ayor <Pro 'l'em
<Eawara (jarcia, Counci[ 1vtem6er
(jene (joss, Counci[ 1vlem6er
'Kj{fy 'l(rie6s, Counci[ 1vlem6er
Susan Spears, City rr'reasurer
TO: Honorable Mayor Parkhurst and Members of the City Council FROM: Aleks R. Giragosian, City Attorney
REVIEWED BY: Jose Reynoso, City Manager
DATE: January 28, 2025
SUBJECT: RESOLUTION NO. 25-06 ESTABLISHING A

LEGISLATIVE ADVOCACY POLICY AND

AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO TAKE POLICY POSITIONS ON

PENDING LEGISLATION OR REGULATION

STAFF RECOMMENDATION
Staff recommends the City Council consider adoption of Resolution No. 25-06 establishing a legislative advocacy poiiay. and authorizing the City Manager or designee to take policy positions on pending legislation or regulation.

ALTERNATIVES
1) Adopt Resolution No. 25-06 as amended by the City Council; 2) Do not adopt Resolution No. 25-06;
3) Establish an ad hoc committee of the City Council to present a recommendation at a future meeting or
4) Continue the item and provide further direction to staff.

ANALYSIS
The City of Sierra Madre is a member of the League of California Cities ("Cal Cities").

Cal Cities assigns regional public affairs managers - including for the Los Angeles County Division - to keep members informed of pending legislation. Occasionally, the regional public affairs manager will request member agencies take a position in support of or against pending legislation or regulations.

Unlike an expenditure of public funds for the purpose of supporting or opposing a ballot measure or candidate, the expenditure of public funds is expressly authorized to 279687.v2
384786.1
advocate for or against proposed legislation or regulatory actions, which will affect the City. (Gov. Code, § 50023) However, the request to take a position requires City Council action, which is usually infeasible given the immediate nature of the request and the infrequency of City Council meetings.

The purpose of this Legislative Advocacy Policy is twofold:
1) to identify the City's legislative policy priorities; and 2) to empower an individual or group to take policy positions on behalf of the City.

The specific advocacy priorities included in the Resolution, included as Attachment A, were taken word-for-word from the Cal Cities' 2025 Advocacy Priorities list. The City Council may seek to expand the list of priorities based on Cal Cities' "Summary of Existing Policy and Guiding Principles," included as Attachment B, or the City Council may revise the list based on input from some other local government association, such as the Clean Power Alliance (see Attachment C).

There are many different decision-making models for taking policy positions. Listed below are the three most common:
1) Only the City Council is authorized to adopt policy positions; 2) The City Manager adopts a policy position after consultation with the Mayor; or 3) The City Manager or designee adopts a policy position.

The Resolution empowers the City Manager or designee (Option #3) and is modeled on the template prepared by the California Special Districts Association, included as Attachment D.

ENVIRONMENTAL (CEQA)
This Resolution is not a "Project" for purposes of the California Environmental Quality Act because under 14 CCR 15378(b)(1 ), a "Project does not include: ... Proposals for legislation to be enacted by the State Legislature" and under 14 CCR 15378{b)(4), a "Project does not include: ... Organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment."

STRATEGIC PLAN CORRELATION
N/A

FISCAL IMPACT
The adoption of this Resolution is not anticipated to have any direct fiscal impact on the City of Sierra Madre. All activities associated with implementing the Legislative Advocacy Policy, including the designation of the City Manager or their designee to take policy positions on behalf of the City, will be carried out within existing staff resources and budget allocations.

By streamlining the process for responding to legislative and regulatory requests, the policy is expected to enhance the City's ability to advocate for its interests without incurring additional costs.
384786.1

PUBLIC NOTICE
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City's website at www.cityofsierramadre.com.

ATTACHMENTS:

Attachment A:

Attachment B:

Attachment C:

Attachment D:
384786.1
City Council Resolution No. 25-06
League of California Cities' Summary of Existing Policy and Guiding Principles
Clean Power Alliance's 2023 Legislative and Regulatory Policy Platform
California Special District Association's Legislative Advocacy Policy RESOLUTION NO. 25-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIERRA MADRE, CALIFORNIA, ESTABLISHING A

LEGISLATIVE ADVOCACY POLICY AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO TAKE POLICY

POSITIONS ON PENDING STATE OR FEDERAL

LEGISLATION OR REGULATION

THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. Purpose. The purpose of this legislative advocacy policy ("Policy") is to guide the City Council Members and City staff in their advocacy efforts and engagement on policy matters of interest to the City, and to allow for a timely response to important legislative or regulatory issues.

SECTION 2. Policy Procedures. The City Manager or designee may take a policy position on pending state or federal legislation or regulation utilizing the following procedures:

A. A policy position may be adopted if any of the following criteria is met:
i. The position is consistent with the adopted Advocacy Priorities; ii. The position is consistent with that of organizations to which the City is a member; or
iii. The position is approved by the City Council.

B. The City Manager will conduct a review of positions and analysis conducted by the League of California Cities and other local government associations when formulating positions.

C. If the City Manager takes a policy position, the correspondence shall state whether the City will "support", "support if amended", "oppose", or "oppose unless amended" any pending state or federal legislation or regulation, and shall include adequate justification for the recommended action.

D. The City Manager may submit correspondence expressing concern or interest, without taking a formal policy position.

E. When correspondence is sent to a state or federal legislative body, the appropriate federal or state legislators representing the City shall be included in the correspondence. The appropriate contacts at the League of California Cities or other local government association may also be included in the correspondence.

F. All policy positions adopted by the City Manager or designee shall be communicated to the City Council at the next regularly scheduled City Council meeting either orally or in writing.

SECTION 3. Advocacy Priorities.

A. Protect local revenues and expand economic development tools. Safeguard and modernize revenue streams for local priorities. Pursue new economic 384787.1
B.

C.

D.
development opportunities that bolster local economies and cultivate a strong local workforce, including expanded workforce recruitment and retention tools.

Strengthen climate change resiliency and disaster preparedness. Support city efforts to prepare, prevent, and adapt to natural disasters and the impacts of climate change, including wildfire, drought, sea level rise, and other extreme weather events. Increase transparency and access to insurance policies especially following natural disaster.

Strengthen and modernize critical infrastructure. Dedicate new resources and protect existing funding to maintain and improve essential infrastructure, including bridges, roads, broadband, and the state's water supply and energy grid.

Secure investments to prevent and reduce homelessness and increase the supply of affordable housing. Secure dedicated funding to bolster cities' longterm planning efforts to support unhoused residents and accelerate the construction of affordable housing. Strengthen state and regional partnerships to expand access to wraparound services and improve the housing element planning process. Ensure cities have the flexibility and decision-making authority to meet their community and state housing goals and reduce homelessness.

SECTION 4. CEQA. This Resolution is not a "Project" for purposes of the California Environmental Quality Act because under 14 CCR 15378(b)(1), a "Project does not include: ... Proposals for legislation to be enacted by the State Legislature" and under 14 CCR 15378(b)(4), a "Project does not include: ... Organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment."
SECTION 5. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Resolution or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Resolution or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.

SECTION 6. Certification. Pursuant to Government Code Section 36932, the City Clerk shall certify the passage, approval, and adoption of this Resolution by the City Council.

SECTION 7. Effective Date. This Resolution shall take effect immediately upon adoption.
384787.1
PASSED, APPROVED, AND ADOPTED this 14th day of January, 2025.

Robert Parkhurst, Mayor
I HEREBY CERTIFY the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Sierra Madre, California, at a meeting held on the 14th day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Laura Aguilar, City Clerk
384787.1

LEAGUE OF

CALIFORNIA
CITIES
Summary of
Existing Policy and
Guiding Principles
APRIL2024
Strengthening California Cities
through Advocacy and Education

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES

LEAGUE OF

CALIFORNIA
CITIES
Mission Statement
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
leading advocate for the common interests of
California's cities.

We Believe
• Local self-governance is the cornerstone of
democracy.
• Our strength lies in the unity of our diverse
communities of interest.
• In the involvement of all stakeholders in
establishing goals and in solving problems.
• In conducting the business of government
with transparency, openness, respect,
and civility.
l!ll The spirit of honest public service is what
builds communities.
■ Open decision-making that is of the highest
ethical standards honors the public trust.
11!1 Cities are vital to the strength of the
California economy.
ii CAL CITIES • www.calcities.org
111 The vitality of cities is dependent upon their
fiscal stability and local autonomy.
111 The active participation of all city officials
increases Cal Cities' effectiveness.
111 Partnerships and collaborations are essential
elements of focused advocacy and lobbying.
111 Ethical and well-informed city officials are
essential for responsive, visionary leadership
and effective and efficient city operations.

About Cal Cities
Established in 7898, the League of California
Cities is a member organization that represents
California's incorporated cities. 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 capitol, Cal Cities provides its members
with professional development programs and
information resources, conducts educational
conferences and research, and publishes a
monthly magazine and weekly newsletter.

INTRODUCTION
Introduction
We are pleased to present the 14th edition of Cal Cities Summary of Existing Policy and Guiding Principles. In a process that continues today, the first version was prepared in 1997 by researching and summarizing policy guidelines and positions on past legislation adopted by Cal Cities, as well as past annual conference resolutions.

The Summary was developed with the assistance of the seven standing Cal Cities policy committees and the Cal Cities Board of Directors to ensure the content accurately reflects existing Cal Cities policy. The 2024 edition reflects policy changes adopted by Cal Cities through February 2024, following a review of Cal Cities' positions on recent legislation and annual conference resolutions. The Summary is posted on Cal Cities' website in its entirety, as well as on individual policy committee pages.

The Summary of Existing Policy and Guiding Principles is intended to be a living reference, updated biennially, to reflect changes to Cal Cities policy. Cal Cities uses it to review new legislation and determine how it relates to existing Cal Cities policy. The Summary can also be used to better understand Cal Cities policy and positions on state and federal legislation.

We encourage cities to adopt all or part of the Summary so that they can respond in a timely manner to new legislation introduced at the state and federal levels. This will permit cities to become more active in the legislative process and involved in issues impacting cities. Quick, thoughtful action on these issues helps your community, helps us, and Californians throughout the state.

We hope you will find the Summary useful in your city's involvement in the legislative process and Cal Cities. Please do not hesitate to relay any comments you may have about this reference guide to the Cal Cities Sacramento office. Your suggestions are always welcome.

Carolyn M. Coleman
Executive Director and CEO
League of California Cities
March 2024
CAL CITIES • www.calcities.org I iii

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
ontents
Community Services .................................................... 2 SCOPE .................................................. 2 Summary of Existing Policy and
Guiding Principles .............................................................................. 2 An i ma Is .......................................................................................................... 2 Arts, Cultural Resources, Historic Preservation and
Activities ................................................................................................. 2 Child Ca re ..................................................................................................... 2 Children ......................................................................................................... 2 Housing for Homeless ......................................................................... 3 Behavioral Health ................................................................................... 3 Substance Use .......................................................................................... 3 Park Bond Funds .................................................................................... 3 Public Parks/Recreational Facilities ............................................ 3 Public Libraries ......................................................................................... 3 Seniors ........................................................................................................... 4 Healthy Cities ............................................................................................. 4 Natural Disaster Preparation .......................................................... 4 Smoking and Tobacco Control ...................................................... .4 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 ................................................................ 8 Electronic Waste ...................................................................................... 9 Household Hazardous Waste .......................................................... 9 Extended Producer Responsibility (EPR) ................................. 9 Single-Use Plastics ................................................................................. 9 Energy and Utilities ............................................................................. 10 Community Choice Aggregation .................................................. 11 Microgrids .................................................................................................... 11 Electric Industry Restructuring ..................................................... 17 California Environmental Protection Act (CEQA) .............. 15 iv CAL CITIES • www.calcities.org
Procedures and Notices .................................................................... 75 Definition of a Project.. ...................................................................... 76 Significant Environmental Effect ............................................... 16 Alternatives ................................................................................................ 77 Streamlining ............................................................................................. 17 Coasta I Issues ........................................................................................... 17 Miscellaneous ........................................................................................... 17 California Water Cuidelines ............................... 19 ! NTRODUCTiON .......................................................................... 20 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 Cal PERS (California Public Employees'
Retirement System) ..................................................................... 40 Workers' Compensation ................................................................... 47 Other Employer and Employee Related Issues ................ 42 Transparency ......................................................................................... 42 Open Meeting Law (Ralph M. Brown Act)
& Open Access to Public Records
(California Public Records Act) .............................................. 43 Political Reform Act ofl974 (PRA) ............................................. 43 Governance and Ethics .................................................................... 43 Elections .................................................................................................... 44 Recall Elections ..................................................................................... 44 Elected Officia Is .................................................................................... 44 Leg a I Issues ............................................................................................. 45 Data and Privacy Protection ......................................................... 45

TABLE OF CONTENTS
Housing, Community and Economic Gaming ....................................................................................................... .56 Development ..................................................................... 46 Alcohol ........................................................................................................ 56 SCOPE OF RESPONSIBILITY ............................................... 46 Cannabis Regulation ......................................................................... .56 Summary of Existing Policy and Graffiti .......................................................................................................... 57 Guiding Principles ........................................................................... 46 Sex Offender Management ............................................................ 57 Planning And Zoning ........................................................................ 46 Corrections ................................................................................................ 57 Housing Element ................................................................................. 47 Firearms ..................................................................................................... .57 Housing Finance ................................................................................. 47 Miscellaneous .......................................................................................... 57 Economic Development ................................................................. 47 Eminent Domain .................................................................................. 48 Revenue and Taxation ............................................. 58 Tenant Protections ............................................................................. 48 ............................................... ss Subdivision Map Act .......................................................................... 48 Summary of Existing Policy and Residential Care Facilities ............................................................... 48 Guiding Principles ........................................................................... 58 Development Fees .............................................................................. 48 Cities and Cal Cities ............................................................................ 58 Annexation and Incorporation .................................................... 49 Legislature or the Voters ................................................................. .59 Development Agreements ............................................................ 49 State Mandates ..................................................................................... .59 Building Standards ............................................................................. 49 Additional Revenue ............................................................................ .59 Housing for Homeless ...................................................................... 49 Reduce Competition ......................................................................... 60 Military Base Closure and Reuse ................................................ S0 Funding for Counties .......................................................................... 61 Mobile Home Regulation ................................................................ 50 Regional Revenues .............................................................................. 61 Sign Regulation .................................................................................... 50 Revenue Modernization ................................................................... 61 Principles for Smart Growth ......................................................... SO Federal Streamlined Sales and Use Tax Agreement {SSUTA) ...................................................................... 62 Residential Insurance Policy .......................................................... .51 Federal Legislation Requiring Use Tax Collection ............ 62 Public Safety ....................................................................... 52 Transportation, Communications, SCOPE OF RESPONSIBI ................................................ 52 and Public Works .......................................................... 63 Summary of Existing Policy and
Guiding Principles ............................................................................ 52 Fire Services .............................................................................................. 52 SCOPE OF RESPONSIBILITY ............................................... 63 Summary of Existing Policy and
Guiding Principles ............................................................................ 63 Emergency Services and Preparedness ................................. S2 Transportation ........................................................................................ 63 Law Enforcement ................................................................................. 53 Public Works ............................................................................................ 65 Mental Health/Substance Use Disorder ................................ S4 Micromobility ......................................................................................... 66 Police Use of Force .............................................................................. 54 Vehicles ...................................................................................................... 66 Drones .......................................................................................................... 55 Contracts ................................................................................................... 67 Fireworks .................................................................................................... 55 Telecommunications ......................................................................... 67 Wildland Urban Interface .............................................................. .55 Plain Old Telephone System (POTS): ....................................... 69 Nuisance Abatement ......................................................................... 55 Air Pollution ............................................................................................. 69 Indian Gaming ........................................................................................ 55 CAL CITIES • www.calcities.org 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 legislation to prevent a person
or animal shelter from selling, giving, or otherwise
transferring living animals to research facilities or
animal dealers.

Arts, Cultural Resources, Historic
Preservation and A.ctivities
Cal Cities supports continued state funding that
recognizes the important role of local arts activities
and historic preservation in community life and
how these cultural activities affect the social health
and economic vitality of cities.

Child Care
Cal Cities supports the creation of more affordable,
innovative and quality parks and recreation and
child care options for parents and concurrently
encourages adherence to strict regulations and
guidelines.

Cal Cities supports funding and resources to
address the affordability and availability of early
learning and care options.
2 CAL CITIES • www.calcities.org
Children
Cal Cities believes that the children of California
must be recognized as our state's most valuable
resource. Their development, education, and wellbeing are key to our state's future. Further, it is essential that each child have the support needed
to become a productive citizen in the world of
the 21st Century. This involves supporting diverse
before-and after-school programs and creating
stronger linkages between municipal services and
school-basedjobtraining programs in orderto
produce more job placement opportunities.

Cal Cities promotes the development of a
cooperative program with the goal to increase
enrollment of California's children in the Healthy
Families Program.

Cal Cities encourages cities to promote antibullying efforts across California as well as provide education and awareness to the general public
about the imminent health and safety concerns
for bullied children, especially those with special
needs.

Cal Cities supports increasing opportunities
for California's youth to participate in civic
engagement activities.

Housing for Homeless
Housing and programs for homeless and other
extremely low-income populations are necessary
to ensure quality of life and economic viability for
all Californians.

Homelessness is a statewide problem that
disproportionately 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 homeless in their
communities, including resources for regional
collaborations.

Homeless housing is an issue that eludes
a statewide, one-size-fits-all solution, and
collaboration between local jurisdictions should be
encouraged.

State and federal funding programs should be
designed to reflect responsibilities imposed by
state and federal law.

Behavioral Health
Cal Cities supports additional funding and
resources to expand access to behavioral health
services, including efforts to assist California's
homeless population, especially those individuals
experiencing mental health and substance use
disorders. This includes, but is not limited to,
supporting counties in expanding communitybased care settings to provide for prevention, intervention, treatment, infrastructure, and
recovery systems.

Substance Use
Cal Cities supports additional funding and
resources to address the substance use crisis
through appropriate prevention and intervention
efforts, educational awareness campaigns, and
increased access to life-saving overdose treatment
aids such as naloxone.

COMMUNITY SERVICES
Park Bond Funds
Cal Cities believes that any statewide park bond
measure should include a component that
provides per capita grants to cities and counties.

Cal Cities opposes tying local eligibility for grant
funds to non-park related issues, such as rent
control or housing element status.

Public Parks/Recreational Facilities
While the State of California studies the use of
crumb rubber in synthetic turf and playground
surfaces, Cal Cities opposes legislation that
requires cities to undertake specific actions before
installation can occur.

Cal Cities supports requiring public pools to
provide Automated External Defibrillator during
pool operations.

Public libraries
Cal Cities supports full funding of the Public
Library Fund so that the State of California can
fully fund its share of the program, understanding
how libraries play an integral role in building
and sustaining our communities. (Additional
library-related policy is included in "Restructuring
California's Public Library Services," the report
of a joint task force co-sponsored by Cal Cities,
California State Association of Counties, California
Library Association and the California Association
of Library Trustees and Commissioners.)
Cal Cities opposes legislation that requires public
libraries to install and maintain computer software
for use on computers in the library that prohibits
access to obscene material to minors and other
library patrons. Cal Cities believes that this issue is more appropriately addressed at the local level, in
ways that meet local circumstances, and thus is an
issue of local control.

CAL CITIES • www.calcities.org I 3

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Seniors
Cal Cities encourages cities to recognize seniors
as a valuable state resource and to develop and
improve intergenerational programs and activities.

Cal Cities supports legislation that would provide
funding for side-by-side day care facilities for
California's youth, adults, and seniors.

Healthy Cities
Cal Cities encourages California 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.

Cal Cities encourages cities to involve youth,
especially middle and high school students, with
city health-related programs.

Cal Cities encourages cities to address the
needs of an aging population through local and
statewide planning, education, and conference
programming.

Cal Cities encourages cities to establish their own
rules and regulations pertaining to community
recreational activities.

Natural Disaster Preparation
Cal Cities supports additional funding for local
agencies to recoup the costs associated with fire
safety in the community and timely mutual aid
reimbursement for disaster response services
in other jurisdictions. Cal Cities also supports
additional funding for local agencies to preposition
"emergency response" personnel and equipment
as well as coordinate notification systems with
local and state agencies.

Cal Cities supports measures that provide
resources for local governments to coordinate
services to assist displaced residents and
communities recover from wildfires, earthquakes,
and other natural disasters.
4 CAL CITIES • www.calcities.org
Smoking and Tobacco Control
Cal Cities supports legislation that establishes a
statewide smoking and tobacco control standard
that includes electronic cigarettes and vapor
products, as long as such legislation does not
preempt the ability of cities and counties to enact
local laws that are stronger than the statewide
standard or to regulate in areas not covered in the
statewide standard. Cal Cities opposes legislation
that would restrict such local authority.

Cal Cities supports legislation that limits the ability of minors to obtain tobacco and tobacco products,
including electronic cigarettes and vapor products.

Cal Cities supports and advocates that all 482
California cities be equitably included in the
distribution of moneys that the state receives
from the Tobacco Settlement Memorandum of
Understanding; and believes that the moneys
received by counties should benefit all cities within
the county and that cities have input into the
decision-making process.

Cal Cities supports legislation that requires
tobacco retailers to obtain a state-issued license
to sell tobacco products, as long as the legislation
does not restrict or preempt the ability of cities
to enact and enforce their own retail licensing
programs and to enforce the state-wide licensing
program. Cal Cities also supports legislation
designed to restrict the sale of illegal, counterfeit
tobacco products.

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."

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, and utilities.

Summary of Existing Policy and
Guiding Principles
Air Quality
Cal Cities supports inclusion of city officials on
the governing boards of air districts and opposes
efforts to delete such city representation.

Cal Cities believes cities should have the authority
to establish local air quality standards and
programs that are stricter than state and federal
standards. Cal Cities opposes efforts to restrict
such authority.

Cal Cities opposes legislation redirecting the
funds authorized by Health and Safety Code
Section 44223, which are currently used by
local governments for locally based air quality
programs.

Cal Cities opposes air quality legislation that
restricts the land use authority of cities.

Cal Cities supports the requirement that both
public and private diesel garbage trucks be
retrofitted to reduce the amount of particulate
matter pollution emitted from the trucks. (See also
Integrated Waste Management Section below.)

ENVIRONMENTAL QUALITY
Climate Change
Cal Cities recognizes that climate change is both
immediate and long term, with the potential for
profound environmental, social, and economic
impacts to the planet and to California.

Through the Global Warming Solutions Act of 2006
(AB 32 (Nunez). Chapter 488, Statutes of 2006)
California has embarked on a plan that requires
the reduction of greenhouse gas emissions to
1990 levels by 2020. Although uncertainty remains
about the pace, distribution, and magnitude of
the effects of climate change, Cal Cities recognizes
the need for immediate actions to mitigate the
sources of greenhouse gas emissions and has
adopted the following principles:
e Action Plans for Mitigating Greenhouse
Gas Emissions. Encourage local governments
to complete an inventory of greenhouse gas
emissions, set appropriate reduction targets,
and create greenhouse gas emission reduction
action plans.
e Smart Growth. Consistent with Cal Cities
Smart Growth policies, encourage the adoption
of land use policies designed to reduce sprawl,
preserve open space, and create healthy,
vibrant, and sustainable communities.

CAL CITIES • www.calcities.org I 5

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Cireen Technology Investment Assistance.

Support tax credits, grants, loans, and other
incentives to assist the public, businesses, and
local agencies that invest in energy efficient
equipment and technology, and fuel efficient,
low-emission vehicles.
11 Energy and Water Conservation and
Efficiency. Encourage energy efficiency, water
efficiency, and sustainable building practices
in new and existing public, residential, and
commercial buildings and facilities. This may
include using the U.S. Green Building Council's
LEED program or similar systems.
11 Green Building Guidelines. Cal Cities
encourages state agencies to provide
leadership in developing voluntary, model
statewide residential green building
guidelines that will provide information to
local jurisdictions on how to evaluate and use
different green building strategies. Additionally,
Cal Cities encourages cities to adopt voluntary
residential green building guidelines as a
reference guide, to evaluate available green
building programs and adopt those best
suited for their communities, and to explore
incentives to encourage green building by
private developers of residential construction
projects.
11 Increase the Use of Clean Alternative
Energy. Promote the use and purchase
of clean alternative energy through the
development of renewable energy resources,
recovery of landfill methane for energy
production and waste-to-energy technologies.
11 Reduction of Vehicle Emissions in Public
Agency Fleets. Support the reduction of
vehicle emissions through increased fuel
efficiency, use of appropriate alternative
fueled vehicles, and/or low emission vehicles
in public agency fleets. Encourage the use of
appropriate alternative fueled vehicles, and/or
low emission vehicles in private fleets.
6 CAL CITIES • www.calcities.org
11 Climate Change Impacts. Encourage all levels
of government to share information to prepare
for climate change impacts.
11 Coordinated Planning. State policy should
encourage and provide incentive for cities to
coordinate and share planning information
with neighboring cities, counties, and other
governmental entities so that there are agreed
upon regional blueprints and strategies for
dealing with greenhouse gas emissions.
11 Water Supply for New Development.

Encourage exchange of water supply
information between state and local agencies,
including information on the impacts of
climate change on state and local water
supplies.
11 Recycled Content and Green Purchasing
Policies. Encourage the adoption and
implementation of recycled content and
green procurement policies, iffitness and
quality are equal, including the adoption of
an Environmental Management System and
authorization of local agencies to consider
criteria other than only cost in awarding
contracts for services.
11 Environmental Standards. Cal Cities supports
flexibility for state and local governments to
enact environmental and other standards or
mandates that are stronger than the federal
standards. However, Cal Cities reserves
the right to question or oppose stronger
standards on the merits. Cal Cities also opposes
legislation that prohibits state and local
governments from enacting stricter standards.

Cal Cities supports efforts to encourage regional
climate adaptation planning to reduce climate
risk, foster collaboration among local, regional, and
state entities, and develop guidance for potential
state, federal, or private investment in regional
adaptation projects.

Cal Cities believes that statewide climate bonds
should be comprehensive and include funding for
capital infrastructure projects.

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 materials 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 specified
procedures to enact such stronger local standards.

Cal Cities opposes legislation or regulations that
restrict such authority.

Cal Cities supports efforts to streamline and
coordinate hazardous materials regulation among
various levels of government, including city fire
and county environmental health departments.

Cal Cities supports the ability of city fire
departments to be administrating agencies for
any of the major hazardous materials laws or to
be the lead agency (the Certified Unified Program
Agency) under the SB 1082 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 it is now
authorized to issue relative to hazardous materials
laws.

Cal Cities opposes any proposals that would
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 legislation that mandates that
cities post information on the Internet regarding
adoption, amendment, or repeal of hazardous

ENVIRONMENTAL QUALITY
materials ordinances. However, Cal Cities does
not object to legislation that makes such posting
voluntary.

Cal Cities supports the following principles related
to Brownfields Revitalization:
11 Cal Cities supports state and federal legislation
that would create additional fiscal resources
and options to restore and develop urban
and industrial brownfields contaminated by
hazardous materials. Cal Cities also supports
creative state and federal efforts to encourage
revitalization and better use of abandoned
urban and industrial brownfields, as long as
local governments retain existing land use
authority.
11 Cities should have the ultimate say on whether
a proposed brownfield remediation project
is consistent with local land use policy. The
proposed use of a project (i.e., parking garage,
business park, residential development) should
be consistent with a city's general plan and
land use authority.
11 The clean-up level of a project should be based
on its proposed use (i.e., parking garage, as
opposed to residential development).
11 Mechanisms, such as restrictive covenants of
deed restrictions, need to be in place to ensure
that if a future use for a property is different
than that which was proposed when the site
was cleaned up, that the clean-up levels be
re-evaluated and additional remediation be
required before the new use can be approved.
11 Local agencies do not have the desire or
generally the expertise to do the technical
evaluation for site assessment and remediation
plans. Appropriate state agencies should have
that responsibility.
11 If a property owner plans to develop the site,
then the owner should be required to do the
necessary site assessment and clean up.

CAL CITIES • www.calcities.org I 7

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Solid Waste and Recycling
Cal Cities supports continued efforts by local
agencies to meet the 25% and 50% recycling
and diversion provisions of the Integrated
Waste Management Act of 1989 (AB 939) and
believes that decisions on how to achieve those
requirements are best determined at the local
level, rather than by state agencies. Cal Cities
believes that those jurisdictions that have made a
good faith effort to comply with the requirements
of AB 939 should not be subject to enforcement
penalties. Cal Cities opposes the repeal of AB 939,
but supports continued efforts to streamline its
provisions and to assist in compliance.

Cal Cities believes that green waste used as
alternative daily cover (ADC) should be eligible
for limited AB 939 credit, as long as the ADC
meets performance and health and safety criteria
established by the California Integrated Waste
Management Board (CIWMB), now the California
Department of Resources, Recovery & Recycling
(Cal Recycle).

Cal Cities continues to support legislation
to provide changes to AB 939 (the California
Integrated Waste Management Act) that will:
11 Place more emphasis on implementation
of waste diversion programs and less strict
mathematical accounting;
• Require Cal Recycle to evaluate the level of
accuracy of the existing system the board uses
to measure jurisdictions' achievement of the
waste diversion requirements of state law and
develop appropriate policies, in consultation
with local jurisdictions, to account for any
inaccuracies in the system;
11 Encourage the development of non-burn
transformation technologies by providing full
diversion credit for the waste that jurisdictions
send to non-burn transformation facilities;
8 CAL CITIES • www.calcities.org
11 Require the board to expand its market
development activities, including providing
more funding for research and development of
markets for recyclable materials; and
11 Require Cal Recycle to staff its existing
regional offices with personnel that can assist
jurisdictions in carrying out the requirements
of the act.

Cal Cities supports legislation and other efforts
to increase the markets for recycled materials,
including advance disposal fees, minimum
content laws, ·and recycling market development
zones. Cal Cities opposes legislation that requires
local governments to adopt refuse fees based
upon variable can rates.

Cal Cities supports efforts to strengthen curbside
recycling programs and opposes efforts to weaken
such programs. Cal Cities supports legislation to
expand the container types included in the AB
2020-bottle bill program.

Cal Cities supports the right of cities under existing
law to be designated as Local Enforcement
Agencies for solid waste facility permitting,
inspection and enforcement, and opposes
legislation to restrict this authority or transfer it to state agencies.

Cal Cities opposes legislation that would preempt
local land use authority over solid waste facilities,
would restrict the ability of a city to issue a land
use permit for a solid waste facility or would
restrict the ability of a city to condition such
facilities through the conditional use permit
process.

Cal Cities does not oppose legislation that assesses
fees on solid waste that is disposed of out of state,
as long as the fees reflect the pro-rata portion of
in-state costs.

Cal Cities opposes legislation that would authorize
the Director of Cal Recycle to consider landfill
capacity as a reason for denying concurrence
of a solid waste facility permit and also opposes
legislation that would prohibit a public agency
from being certified as a Local Enforcement
Agency if the public agency is also an operator of a
solid waste facility.

Cal Cities opposes legislation that would
authorize the Director of Cal Recycle to consider
environmental justice as a basis for concurring or
denying a solid waste facility permit. Cal Cities has
adopted the policy that issues of environmental
justice are best addressed at the local level
through the local land use and public hearing
process and through existing federal and state
policy.

While Cal Cities supports the retrofit of public
and private diesel-fueled garbage trucks to
reduce particulate matter air pollution (see Air
Quality section), Cal Cities opposes funding such
retrofits in a way that would either interfere with
the existing franchise relationship between local
governments and haulers or would impose a
surcharge on landfills.

Cal Cities supports legislation and regulation
that authorizes the land application of biosolids
that meet specified statewide health and safety
standards. Cal Cities supports legislation 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 that preempts outright
stronger local ordinances, regardless if they are
based on protecting public health and safety and
good science.

Electronic Waste
Cal Cities supports legislation implementing
the concept of manufacturer responsibility 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
modules (solar panels), and other electronic
products considered universal wastes, to operate

ENVIRONMENTAL QUALITY
or fund comprehensive, extended producer
responsibility programs. Such programs should
require products to be sustainably designed and
labeled, offer financial incentives to consumers to
properly dispose e-wastes, encourage recycling,
reuse and collection programs by manufacturers,
incentives to consumers to redeem or recycle
e-waste, and fund a convenient collection
infrastructure.

Cal Cities supports statewide and manufacturer
education programs to educate consumers about
e-waste and recycling efforts.

Cal Cities supports an advance disposal fee on
computer and other electronic products in order
to fund such manufacturer responsibility programs
and local collection and recycling programs.

Cal Cities supports national efforts to address the
e-waste problem.

Household Hazardous Waste
Cal Cities opposes legislation that requires local
jurisdictions to collect household hazardous
waste in a specific collection manner, including
mandatory curbside collection.

Extended PiOducer Responsibility (EPR)
Cal Cities supports legislation implementing
producer responsibility. This includes, but is not
limited to, mandating or providing incentives
including funding for comprehensive producer
responsibility programs for hazardous and
universal wastes and products and packaging for
which disposal or recycling is problematic for local
governments.

Single-Use Plastics
Cal Cities supports reducing the amount of
single-use plastic packaging and products that
enter the waste stream through methods such as
source reduction and increases to the recyclability
and composability of these items. This includes
reducing the waste generated from single-use
plastics, such as plastic straws.

CAL CITIES • www.calcities.org I 9

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
11111 Single-Use Carryout Bags: Cal Cities supports
in concept legislation that charges a fee for all
consumers for single-use carryout bags at the
point of sale; however, Cal Cities does not have
a position on the amount of the fee except that
is should be set to modify consumer behavior.

Cities should be eligible for moneys generated
from any fee placed upon single-use carryout
bags, provided those dollars are used by the city
to mitigate the effects of single-use carryout bags
on the stormwater, solid waste diversion, visitor
education and awareness, and water quality in
the city. Any application for funding provided to
cities by single-use carryout bag fees should be
streamlined, simple, and not overly burdensome.

Cal Cities supports CEQA exemptions for singleuse carryout bag bans or a programmatic EIR.

Ca I Cities opposes any bill that would preempt
local governments from individually banning
or placing a fee on single-use carryout bags
distributed within the city.

Cal Cities supports the constitutional right
of municipal utilities to operate outside the
jurisdiction of the California Public Utilities
Commission (PUC) and opposes any legislation
that would erode the ability of municipal utilities to
operate, or place them under PUC control.

Ca I Cities supports maintaining the standard of
inverse condemnation for investor-owned utilities
that require utilities to pay damages. Cal Cities
opposes reducing the inverse condemnation
standard for incidents caused by a utility, whether
retroactive or otherwise, and supports ensuring
local governments can recover applicable
damages.

Ca I Cities supports the prohibition of passing
through the costs of fines and penalties incurred
by electrical and gas corporations to ratepayers.
10 CAL CITIES • www.calcities.org
Cal Cities opposes legislation that dictates the mix
of generating sources (i.e., hydro, coal, biomass,
wind, etc.) used by municipal utilities.

Cal Cities opposes any legislation that interferes
with local utility rate-setting authority and opposes
any legislation that restricts the ability of a city to transfer revenue from a utility (or other enterprise
activity) to the city's general fund.

Cal Cities is neutral on legislation requiring
municipal electric utilities to include a "renewable
portfolio standard" (RPS) in their mix of sources
of electricity, as long as the requirement is the
same as that which applies to investor-owned
utilities. Cal Cities opposes legislation that requires municipal electric utilities to meet an RPS that
is stronger than that applied to investor-owned
utilities.

The following principles will guide Cal Cities'
position regarding exit fees to avoid cost shifting
for newly formed municipal utilities or extensions
of existing municipal utilities:
111 A mechanism or venue other than the PUC
should be used to determine and impose the
exit fees in order to prevent PUC jurisdiction
over municipal utilities. For example, exit fees
might be best evaluated and incorporated
by the courts as part of eminent domain and
the condemnation proceeding used when a
city wishes to take over the IOU's distribution
system.
111 Cal Cities does not object to fair exit fees to
avoid cost-shifting for customers that were
actually served by an investor-owned utility.
111 Exit fees should consist of payments of a fair
share of the DWR bond costs, a fair portion of
the IOU under collections and a fair share of
the remaining amount of the CTC (competition
transition charge, left over from AB 1890).
111 Exit fees should not be charged to newly
annexed municipal utility territory that
was never served by an IOU (so-called
"greenfields").
m In addition, Cal Cities believes photovoltaic
systems should be completely 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 power shutoffs, to
maintain city electricity grid integrity and city
operations.

Community Choice Aggregation
m Local Energy Autonomy: Cal Cities supports
programs that increase local control over the
purchase and development of renewable
energy resources, as an effective means of
increasing consumer access to renewable
energy at stable, competitive rates, and
decreasing statewide greenhouse gas
emissions.

Cal Cities supports cities' exercise of the right
to form or join existing Community Choice
Aggregation (CCA) entities, as an effective method
of increasing local control over power supply.

Accordingly, Cal Cities supports legislation 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 governing board.

Cal Cities supports continuing development of
local renewable energy resources and supply,
including the protection of local autonomy to
administer energy efficiency and install and utilize
integrated distributed energy resources.
m Consumer Protection: Cal Cities supports
complete transparency of all energy
procurement practices, stranded costs, and
departing load charges. Cal Cities supports
fair competition in statewide energy markets
for CCAs and municipal or other publicly
owned utilities. Cal Cities supports legislation
and regulatory policies that protect CCA
customers from improper cost allocation. Cal

ENVIRONMENTAL QUALITY
Cities opposes legislation that conflicts with or
diminishes CCA procurement autonomy.
111 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, especially as a tool to aid energy
resiliency and disaster preparedness.

Electric Industry Restructuring
Cal Cities supports the restructuring of the
electricity services industry, provided it meets the
following criteria:
111 Support the Concept. Cal Cities of California
Cities supports the concept of electric industry
restructuring if it results in lower electricity
rates that continue permanently into the
future. Cal Cities does not support or oppose
any specific form of restructuring and believes
the program ultimately implemented must
satisfactorily address the adopted criteria listed
below. Any new industry restructure should
be based on a thorough economic analysis
of the full costs and potential benefits of the
alternatives under consideration.
111 Equitable Benefits. Any restructuring
program should result in all ratepayers directly
sharing in the benefits equitably.
111 Municipal Utilities. Any restructuring program
should maintain the concept of municipal
utilities. No restructuring proposal should
abridge the existing authority of municipal
utilities to operate or abridge the ability of
cities to form municipal utilities in the future.
111 Franchise Authority. Cities should continue to
have the authority to issue franchises and any
program should be at least revenue neutralrelative to revenue currently received from franchises.

CAL CITIES • www.calcities.org I 11

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
11 Aggregation. Under any restructuring
program agreed upon by the PUC or the
Legislature, cities should 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 electric loads of various users and
negotiate the purchase of electricity for those
users.
11 Stranded Investments. The problem of
stranded investments should be resolved in
a way that keeps investors, ratepayers, and
generators financially whole. Any policy to
deal with stranded investments for large
energy producers (i.e., nuclear power) should
be applicable to all other producers (i.e.,
independent power producers).
11 Wheeling. Any program should facilitate the
wheeling of electricity between generators and
users.
11 Alternative Sources. Consistent with existing
Cal Cities policy that supports the development
of alternative energy sources, any restructuring
program should incorporate support for
alternative energy in order to enhance the
mix of energy sources available in California,
both for environmental and strategic energy
security reasons.
11 Biomass. The unique problems of the biomass
industry, as they relate to California's solid
waste infrastructure, should be fairly resolved
in any deregulation program.
11 Social and Environmental Impacts.

Consistent with existing Cal Cities
policy, California should not abandon its
energy programs that provide social and
environmental benefits.

In addition 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 voluntary, and that cities should have
12 CAL CITIES • www.calcities.org
the opportunity to serve as aggregators for their
municipal operations or for those residential or
commercial customers who wish to participate in
a city-sponsored aggregation program.

Finally, Cal Cities believes that any federal action
in the area of electricity restructuring must
not preempt legislation and actions in states
that choose to restructure their utility industry
if such federal action relates to state and local
government home rule authority. This includes
authority related to the regulation of rights-ofway, franchises, taxing utilities and services, or to aggregate.

In response to the energy crisis of 2001, Cal Cities
adopted the following principles related to energy:
• Land Use Control. Local control over land
use should be inviolate. Cal Cities will oppose
legislation that restricts local land use control
beyond that which is already in existing law.
• Municipal Utilities. The autonomy of
municipal utilities should not be eroded. Cal
Cities will oppose any legislation that harms
municipal 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 will not get involved in
individual bills dealing with technical aspects
of pricing, Cal Cities believes that any solution
to address the short- and long-term energy
price situation should meet several key criteria.
» Cal Cities believes energy prices should
encourage conservation and reward those
who reduce energy use (i.e., tiered rates).
» Cal Cities is concerned about the impacts
of escalating energy prices on low-income
residents and small businesses. Cal Cities
supports energy pricing structures and
other mechanisms to soften the impacts on
this segment of our community.
» In designing rates, the state should be
aware of the operational constraints of
some businesses and thus their potential
inability to take advantage of conservation
pricing. Thus, the state should provide
other incentives to conserve to businesses
that cannot take advantage of other
options.
111 Conservation in City Facilities. Support
legislation that provides direct funding for
conservation and demand reduction projects
in city facilities.
» Work to obtain the greatest level of funding
for local governments, and work with all
authors and the Administration in crafting
legislation that will be most effective and
beneficial to local governments.
m Siting Energy Facilities- Incentives to Local
Governments. Funding should be available
to cities to streamline the siting process at the
local level.
» Eligible projects to receive incentive
payments would not only cover new
electricity generating facilities, but also
projects to expand existing generation
facilities, to replace them with more
efficient facilities, or to build renewable
projects, including photovoltaics, fuel cells,
or cogeneration.
» In order to stimulate the development
of these facilities, it will be necessary to
provide additional long-term community
benefits that the local government can
demonstrate to its citizens.
» Any city or county that approves siting of
a privately developed generating facility
should receive 100% of the property tax of
that facility. To stimulate the development
of projects such as cogeneration facilities,
the standby charges for the facility should
be waived.

ENVIRONMENTAL QUALITY
» The state should provide additional
financial assistance to cities and counties
for such projects, which could include the
cost of transmission line extension.
» Cal Cities will work to ensure that there are
no negative impacts on municipal utilities
from efforts to streamline energy facility
siting.
111 Power Plant Siting - Other Issues. Support
legislation that increases the threshold 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 position on proposals to streamline
the facility approval process, except to
suggest appropriate revisions to reflect
technical comments from city experts on
local government review and commentrelated provisions. » Explore exempting cities with municipal
utilities completely from the Energy
Commission review process for all power
plants proposed within their jurisdiction,
regardless of the size of the facility (i.e.,
the municipal utility city would have lead
agency authority, regardless of the size of
the facility).
111 Environmental Regulation of Power Plants.

Cal Cities should not get directly involved in
legislative discussions and should not take
a position on legislation to relax, suspend,
or eliminate environmental regulation, with
several exceptions.
» If environmental standards are relaxed,
suspended, or eliminated, Cal Cities should
seek legislation to ensure that cities do not
bear the burden of meeting the shortfall
in environmental 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
CAL CITIES • www.calcities.org I 13

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
or stream. Publicly owned treatment works
should not be required to meet a higher
discharge level to offset the power plant
discharge or fined as an indirect result of
the increased water pollution that would
result. Similar arguments can be made
for air pollution burdens. There should be
some sunset included for environmental
waivers for re-powering of existing facilities
and all new plants should be required
to meet the BACT (best available control
technology) standard.
111 Public Power Options. Support all bills that
enhance the public power options available to
cities and counties.
» Condition support and/or sponsorship
upon the correct language being written.

Work with municipal utilities and others to
ensure the provisions are drafted properly.
» Cal Cities should not support legislation
that would give up the existing, limited
authority of cities to regulate cable and
telecommunications companies as a tradeoff to make it easier to form a municipal electric utility.
111 Interruptible Rates. Cal Cities should take no
position on legislation dealing with changes
to interruptible rates, but should watch the
subject carefully.
» Cal Cities should comment on legislation,
as appropriate, to express concern that
resolution of the issue should seek equity
in how it handles classes of ratepayers and
communities. Legislation should take into
consideration economic gains previously
made by customers on interruptible rates
and should provide assistance for those
caught in extreme situations.
14 CAL CITIES • www.calcities.org
m Rotating Outages - Exemptions. Cal Cities
should not get directly involved in bills dealing
with which type of customers are exempt
from rotating block outages and should not
take a position on these bills. However, Cal
Cities should work with police and fire chiefs
to ensure that police and fire facilities are
appropriately protected either legislatively or
administratively, if proposals move ahead to
expand the range of exempted facilities.
» Cal Cities should seek legislative or
administrative resolution giving advance
notification to those businesses, such as
some agricultural businesses, that use
hazardous materials that could pose
a danger if the plant is not shut down
properly.
» Cal Cities should seek grant or loan funding
for essential services (i.e., police/fire, water/
waste water) to purchase new or replace
existing backup generators that are more
energy-efficient and less polluting.

Iii Wholesale Regional Price Caps - Federal
Legislation. Cal Cities should not take a
position on federal legislation to give the
Secretary of Energy authority to impose
regional wholesale price caps on electricity.

This is a mixed bag and Cal Cities should stay
out of the issue.
m Price Gouging by Electricity Suppliers. Cal
Cities should send a letter to the Governor and
Attorney General supporting their ongoing
efforts to determine whether wholesale market
abuse occurred and asking that appropriate
action be taken to remedy the problem if
illegal activity occurred.

California Environmental Protection Act
(CEQA)
Procedures and Notices
11 Fair Argument Test. Cal Cities strongly opposes
the elimination of the fair argument test as the
threshold for determining whether to prepare
an Environmental Impact Report (EIR). There
are a number of other reforms that will reduce
CEQA's complexity while preserving the fair
argument test's role as a planning tool. These
include funding for Master El Rs and eliminating
attorneys fees for petitioners.
1111 Master EIR Funding. Cal Cities strongly
supports the development of a funding source
for Master El Rs. Both of the proposals contained
in the Little Hoover Commission report would
meet the needs of cities.
1111 Exemption for Modified Project Renewals.

Cal Cities opposes exempting the renewal
or reissuance of a permit, license, or other
entitlement where there is a change in the
project.
1111 Centralized Responsible Agency Notification.

Cal Cities opposes shifting the responsibility
to notify responsible agencies from the lead
agency to the State Clearing House. Cal Cities
opposes making identification of Responsible
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.
11 Responsible Agency Documentation. Cal
Cities supports requiring that Responsible
Agency comments be supported by specific
referenced documentation.
111 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 Environmental Policy Act
does not contain CEQA's duty to mitigate.

ENVIRONMENTAL QUALITY
11 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.
11 Timelines for CEQA Contracts. Cal Cities
supports eliminating subdivision (b) of
Public Resources Code Section 21151.5, which
mandates the timeline for entering into CEQA
contracts.
11 Arbitration of Disputes. Cal Cities supports
adding an arbitration option to the
requirement that each county over 200,000
designate a "CEQAjudge." Among the issues
that will need further refinement are whether
an alternative dispute resolution process
should be a condition precedent to litigation,
whether the alternative dispute resolution
process would be binding on participants, and
how to limit the alternative dispute resolution
process to CEQA adequacy issues rather than
community mitigation issues.
11 Ciood Faith Settlements. Cal Cities supports
discouraging lawsuits that have little merit by
(l} eliminating the application of a multiplier
analysis to the amount of attorneys 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 significant effect on the
environment.
11 Recirculation Standards. Cal Cities supports
raising the threshold for recirculation of El Rs
so that only new "significant unavoidable
impacts" would necessitate recirculation.
11 Basis for Statements of Overriding
Considerations. Cal Cities supports clarifying
that the basis for Statements of Overriding
Considerations is information contained in
the record.

CAL CITIES • www.calcities.org I 15

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
11 Compliance with Local Public Notice
Requirements. Cal Cities supports legislation
to require all projects proposed by state or
local public agencies, including universities,
community colleges, schools, counties, cities,
and special districts, to comply with the
identical local public notice requirements that
would be applicable to projects sponsored by
private developers in the jurisdiction where the
project is located.
111 Tolling Agreements. Cal Cities supports tolling
agreements, but acknowledges and relies on
existing published case law that already allows
for the use of tolling agreements in CEQA
cases.
11 Concurrent Preparation of Administrative
Record. Cal Cities opposes legislation that
would require concurrent preparation of
the administrative record and the electronic
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 applicant or other
member of the public who requests these
processes; and (2) a lead agency that is unable
to comply with such a request, because of
either lack of personnel or lack of technological
capability is not required to provide these
processes.
11 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
11 Effect on the Environment. Cal Cities
supports narrowing the definition of
"project" to prevent CEQA lawsuits on nonenvironmental matters. 11 School Operations Exemption. Cal Cities
supports exempting any school closure or
student transfers from CEQA.
16 CAL CITIES • www.calcities.org
11 Categorical Exemption for Nonindustrial
Infill Projects. Cal Cities supports expanding
categorical exemptions to include
development projects in urbanized areas that
are consistent with general plans, zoning and
cumulative impact projections analyzed in a
Master EIR. Such projects should be limited
infill and nonindustrial.

Cal Cities supports legislation that exempts
public works projects, within the existing rightof-way, from CEQA if approved by the city in which the project takes place.

Significant Environmental Effect
11 Significance Thresholds. Cal Cities opposes
the creation of a new mandate requiring
each city to develop boilerplate significance
thresholds. Cal Cities also opposes a single
statewide set of standards for determining
significance at the local level. Instead, Cal
Cities supports requiring that each EIR contain
significance thresholds formally adopted by
the lead agency for the project.
11 Safe Harbor. Cal Cities supports the concept
of "safe harbor", which means that if a
project complies with certain locally adopted
standards, then a project could not be
challenged in court based upon those impacts
on the environment.
11 Aesthetics. Cal Cities opposes any effort to
limit a local agency's ability to challenge the
aesthetic impact of a project under CEQA.
• Consideration of Socio-Economic Factors.

Cal Cities opposes adding social, economic,
recreational or other factors to be considered
when analyzing the significance of
environmental impacts.
• Indirect Effects. Cal Cities opposes amending
the definition of effects to eliminate
the analysis of indirect and cumulative
environmental effects.

ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
11 Cumulative Effects. Cal Cities supports
the elimination of El Rs for projects with
solely cumulatively significant impacts
where the impact has been addressed by a
comprehensive plan that identifies specific
mitigation measures. Cal Cities opposes
exempting projects that are subject to their
own subsequent environmental review from
consideration as a reasonably foreseeable
future project when analyzing cumulative
impacts.
11 Statement of Overriding Considerations. Cal
Cities supports transparency in CEQA decisionmaking but opposes a public comment period for the notice of draft Statement of Overriding
Considerations.

Alternatives
11 Alternative Site Requirement. Cal Cities
supports eliminating the alternative site
requirement for all private projects.
11 Level of Detail. Cal Cities supports requiring
that projects of statewide, regional or areawide significance describe at least two feasible project alternatives with a level of detail equal
to the proposed project.
11 No Project Alternative. Cal Cities opposes the
elimination of the "no project alternative."
11 Environmental Impact Report (EIR}. Cal
Cities opposes the elimination of the fair
argument test as the threshold for determining
whether to prepare an Environmental Impact
Report (EIR}. Cal Cities strongly supports the
development of a funding source for Master
El Rs. Cal Cities supports adding an arbitration
option to the requirement that each county
over 200,000 population designate a "CEQA
judge."
Streamlining
Cal Cities supports expanding the definition of
"emergency" under CEQA to include projects that
mitigate a high threat to life and property as a
result of a catastrophic wildfire.

Coastal Issues
Cal Cities opposes legislation that would permit
the state to impose conditions on Local Coastal
Plans developed by cities and counties.

Cal Cities supports efforts to curb frivolous appeals
to local coastal decisions.

Cal Cities supports prohibiting the expansion of
offshore oil and natural gas production along the
California coast.

Cal Cities supports the Federal Coastal Protection
Act, which prohibits additional offshore
development through the year 2002. This position
was based, in part, on concern about the impacts
to on-shore support facilities and services by
offshore development activities.

Cal Cities opposes legislation that grants authority
to the Coastal Commission that is inconsistent,
duplicative and overlapping with the authority of
other regulatory agencies, such as regional water
quality control boards or other agencies, or that
grants the Coastal Commission authority outside
the coastal zone.

Cal Cities affirms its commitment to local control
by requesting the Coastal Commission to defer
to the elected officials of a city with respect to
choices in the implementation of a Local Coastal
Plan that complies with the requirements of state
law and regulation.

Cal Cities supports additional resources and tools
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
11 Mitigation Monitoring Program. Cal Cities
supports efforts to ensure compliance with
Mitigation Monitoring Programs but opposes
any effort to require local agencies to report on
compliance or add other procedures regarding
CAL CITIES • www.calcities.org I 17

SUMMARY OF EXISTINC POLICY AND GUIDING PRINCIPLES
the implementation 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).

Consistent with the policy adopted by the
National League of Cities, Cal Cities believes the
appropriate venue for addressing the issue of
"regulatory takings" is within the evolving judicial
interpretations of the Fifth Amendment of the U.S.

Constitution.
11 Cal Cities opposes any federal or state
regulation, statute, or constitutional
amendment which would place restrictions
on federal, state, and local government actions
regulating private property or requiring
additional compensation beyond the
continually evolving judicial interpretation of
the Fifth Amendment of the U.S. Constitution.
11 Cal Cities will oppose any legislation that
includes such a provision, regardless of what
else is included in the legislation (i.e., legislation
that designates a listing of an endangered
species as a "regulatory taking").

Cal Cities supports the ability of local governments
to voluntarily develop and approve species habitat
plans for their communities, in conjunction
with willing property owners. Cal Cities opposes
requiring local governments to amend their
general plans to include species habitat plans
18 CAL CITIES • www.calcities.org
developed by others but not approved by the local
government.

Cal Cities supports legislation that imposes
"Sinclair"- type fees on products in order to
fund the cost of prevention or mitigation of the
pollution or environmental and health impacts of
such products. Cal Cities opposes legislation that
would restrict the imposition of such fees at the
state or local levels.

Cal Cities supports partnering with the Legislature
and the Governor to address the devastating
environmental impacts of illegal marijuana
grows on both private and public lands and the
associated threats to public safety. Cal Cities
supports the creation of responsive solutions with
adequate funding support and effective State and
federal government leadership to address this
widespread problem.

Cal Cities supports the careful development of
forest waste biomass utilization programs to align
environmentally responsible forest management
and climate adaptation efforts that do not create a
net increase in emissions of greenhouse gases or
toxic air contaminants.

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."
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES

LEAGUE OF CALIFORNIA CITIES
California Water Guidelines
FEBRUARY 2010

TABLE OF CONTENTS
I. California Water: General Principles .................................................................................... 20 II. Water Conservation ......................................................................................................................... 21 Ill. Water Recycling ................................................................................................................................ 22 IV. Water Quality ...................................................................................................................................... 22 V. Areas ofOrigin ................................................................................................................................... 25 VI. Water Storage .................................................................................................................................... 25 VII. Conveyance Systems ..................................................................................................................... 25 VIII. Flood Management ....................................................................................................................... 27 IX. Groundwater ....................................................................................................................................... 28 X. Fish And Wildlife .............................................................................................................................. 28 XI.· Drainage ................................................................................................................................................ 29 XII. Recreation ............................................................................................................................................ 29 XIII. New Technology ............................................................................................................................... 29 XIV. Financial Considerations ............................................................................................................ 30 XV. Appendix A: Water Quality Improvement Initiative (2008) ................................. 30 XVI. Appendix B: Glossary ..................................................................................................................... 32 NOTE: The League of California Cities most recently updated and revised the California Water Guidelines in 2070. The effort began in 2008 with the formation of the Water Task Force, which was comprised of members from Cal Cities 16 Regional Divisions and all interested city officials. 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 incorporated in the Environmental Quality Policy Committee's scope of responsibility. For additional information, please see the California Water Guidelines introduction on the following page.

CAL CITIES • www.calcities.org I 19

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Introduction
The California Water Guidelines were first
adopted by the League of California Cities
(Cal Cities) in 1988. Cal Cities and the County
Supervisors Association of California {CSAC)
developed the guidelines. Together, at the time,
the two organizations represented 58 counties and
449 cities.

Much has changed in the realm of water policy
in the more than 20 years that have passed since
the Guidelines were first adopted. The number of
counties has remained at 58, but California has
gained an additional 31 cities and the population
of the state has increased to more than 38 million
people, creating increased demands on water
supply. There is growing recognition that there are
better ways of managing the flow of water within
California's many watersheds and through the
Delta, to prevent harmful environmental impacts
while still ensuring a reliable supply of water to
its citizens. Climate change is seen as having an
increasingly important impact on water supply
and water quality. 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 regulatory issues of
concern to cities and to recommend steps that
Cal Cities should 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 consider updates and revisions to the Water
Guidelines Cal Cities drafted and adopted 20 years
earlier. Cal Citiesl6 Regional Divisions designated
voting members; but membership on the Task
Force was open to all interested city officials, and
meetings were open to all interested parties.
20 CAL CITIES • www.calcities.org
The Task Force first met in Sacramento in April
2009 and organized three working groups (Water
Use, Water Supply, and Water Discharges).

Members of the working groups held numerous
meetings by conference call over the next two
months. Subsequent meetings of the full Task
Force were held in June and September 2009
before the revised Guidelines were submitted to
Cal Cities policy committees in January 2010, for
review and approval. The Guidelines were formally
approved by the Cal Cities Board of Directors in
February 2010.

The California Water Guidelines are designed to be
used by policymakers at all levels of government
in developing future water policy for the state of
California. Cal Cities encourages city, county, and
state officials, as well as representatives from other
organizations, to review the guidelines as water
policies and programs are developed.

1. Water needs are projected to increase
significantly in the future. While water is
a renewable resource, it is also a finite one.

2. Cal Cities supports the development
of additional groundwater and surface
water storage, including proposed surface
storage projects now under study if they
are determined to be feasible, 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 federal agencies
should prepare plans for short-term
water emergencies as well as long-term
cooperative water management plans
and policies, such as the Integrated
Regional Water Management Plan
{IRWMP) process.

ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES

4. All water development projects must
be economically, environmentally, and
scientifically sound.

5. Critical California water issues cannot
be solved without the cooperation of
the state and federal governments.

Communication and cooperation among
policy groups with emphasis on finding
statewide consensus is supported.

6. Adequate water quality requirements for
wastewater discharge into surface water
and groundwater to safeguard public
health and protect beneficial uses should
be supported. Beneficial water quality is
fundamental to the health and welfare of
California and all of its citizens.

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 cities to work
with counties, water agencies, and special
districts to facilitate water conservation ' recycling, and reuse efforts.

9. Cal Cities supports state water policy
that allows undertaking aggressive water
conservation and water use efficiency
while preserving, and not diminishing,
public and constitutional water rights.

10. Cal Cities supports land use as an
important strategy for water supply and
water quality benefits.

U. WATER CONSERVATION

1. Statewide Goal. Cal Cities supports the
development of a statewide goal to
reduce water use by 20% by 2020 through
the implementation of fair and equitable
measures consistent with these principles.

2. Statewide Effort. Accomplishing water
conservation and water use efficiency
goals will require statewide action by
all water users, including residential,
commercial, industrial, and agricultural
water users, local and regional planning
agencies, state and federal agencies,
chambers of commerce, and business,
commercial and industrial professional
and trade associations.

3. Comprehensive Solutions. Water
conservation and water use efficiency
must be part of a comprehensive solution
that includes local resource development
and infrastructure improvements,
including storage and conveyance,
as part of a statewide system that
promotes economic and environmental
sustainability.

4. Monitoring, Reporting, and
Accountability. Cal Cities supports the
implementation of programs to assure
prudent measurement and monitoring of
water use to provide accountability and
transparency toward the accomplishment
of water conservation and water use
efficiency goals.

5. Protect Water Rights. Implementation
of water conservation 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
implementing the water conservation or
water use efficiency program or interfere
with existing water conservation or water
use efficiency projects.

6. One Size Does Not Fit All. Water
conservation and water use efficiency
programs must have the flexibility
to adjust to widely varying local
circumstances recognizing that one size
does not fit all. Cal Cities encourages
each city to develop its own ordinance
outlining its conservation plan.

CAL CITIES • www.calcities.org, I 21

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES

7. Urban Water Conservation and Water
Use Efficiency. In urban areas, Cal Cities
advocates for the implementation of
residential and commercial retrofit
programs, innovative pricing strategies,
water-efficient landscaping, including
the implementation of urban Best
Management Practices (BMPs).

Cal Cities encourages cities to consider the
Ahwahnee Water Principles for ResourceEfficient Land Use when making future land use decisions. (http://www.lgc.org/about/
ahwahnee/h2o-principles/)

8. Agricultural Water Use Efficiency. In
agricultural areas, Cal Cities advocates for
incentive-based programs.
m. WATER RECYCLING

1. Wherever feasible, water recycling
should be practiced in urban, industrial,
and agricultural sectors. This includes
increasing the use of recycled water over
2002 levels by at least one million acrefeet/year (afy) by 2020 and by at least two million afy by 2030.

2. Potable water should include as much
use of reclaimed water and water
conservation by 2030 as possible.

3. Increased recycling, reuse, and other
refinements in water management
practices should be included in all water
supply programs.

IV. WATER QUALITY

1. General
a) Cal Cities supports the development
of objectives and standards to assure
high-quality water throughout
California. Surface and groundwater
should be protected from
contamination.
22 CAL CITIES • www.calcities.org
b} Cal Cities supports efforts to provide
safe and affordable drinking water
across the state. However, Cal Cities
opposes imposing a tax on water as a
funding mechanism.
c) Cal Cities supports the development
of economic protocols and guidelines
to assist local governments and water
boards in determining reasonably
achievable, cost-effective, and
environmentally sound regulations.
d) Cal Cities supports the ability of cities
to enact discharge and water quality
requirements or standards that are
stricter than state or federal standards
and opposes efforts to restrict such
authority.
e) When addressing contamination in
a water body, water boards should
place priority emphasis on cleanup strategies targeting sources of pollution, rather than in-stream or endof-pipe treatment. f) Cal Cities encourages water boards
to address cross-media pollution of
water including, but not limited to, the
problems of atmospheric deposition of
water pollutants.
g) Cal Cities encourages all state offices,
departments, and boards to comply
with state policy for water quality
control, including compliance with the
Basin Plans.
h) Cal Cities encourages Federal and
State Governments to ensure proper
funding to the U.S-Mexico Border
Water Infrastructure Program to
address issues related to cross-border
pollution.

ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES

2. Water Board Reforms
a) Cal Cities generally supports the
concept of water board reform.
b) Any water board reforms should
recognize the inherent differences
between cities and regions in
California.
c) Water board reform should recognize
the symbiotic relationship between
regional water quality control boards
and local governments.
d) Cal Cities supports the retention
of designated local government
representatives on the regional boards
and the inclusion of a designated local
government representative on the
State Water Board.
e) Cal Cities supports streamlining the
board process, including delegating
permit authority to the executive
officers, with rights of appeal, and
giving greater authority to the State
Water Board over regional board
policies and decisions.

3. Basin Plan Updates
a) Cal Cities supports the option 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 the unique and
varied nature of stormwater, both wet
weather and dry weather runoff.
c) Basin plan updates should comply
with the Porter-Cologne requirements
to recognize economic impacts, local
drainage conditions, and scientific
consensus, including source control
and atmospheric deposition strategies.

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 the unique
conditions of a city or region.
c) Cal Cities supports regulations and
legislation that promotes watershed
management, that appropriately
spreads the responsibility for clean
water beyond the requirements that
apply to point-source dischargers,
municipal storm drain systems and
publicly-owned treatment works.
d) Cal Cities generally opposes legislation
that requires the use of numeric limits
in waste discharge permits, especially
in stormwater permits, because of the
difficulties in meeting them, problems
with exceeding them, and the cost and
potential enforcement impacts.
e) Cal Cities supports the development
of a standard definition of "maximum
extent practicable."

5. Total Maximum Daily Load {TMDL}
a) Cal Cities supports the development of
reasonably achievable, environmentally
sound, and cost-effective TMDL's based
on monitoring and sound science and
addressing local water conditions.
b) Although Cal Cities is supportive of
local agency development ofTMDL
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.

CAL CITIES • www.calcities.org I 23

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
c) Cal Cities supports the implementation
of TMDLs 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/Pol ides
a} Ex-Parte Communication. Cal Cities
supports public access to decisionmakers, 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
legislation that provides immunity
from fines or third-party litigation for a
local government that is in compliance
with the maximum extent practicable
iterative best management practices
d} Mandatory Minimum Penalty (MMP).

Cal Cities supports legislation to
modify the MM P provision of the
existing law to make them fair and
equitable for local governments.

This would include eliminating the
provisions relied upon to compound
penalties for single violations and
providing economic hardship
exemption for small cities (50,000 in
population or less) where there have
been no significant adverse impacts
on the public or the environment from
the alleged violation.
24 CAL CITIES • www.calcities.org
e) Economic Analysis. Cal Cities supports
legislation to develop economic
protocols and guidelines to assist local
government and the water boards in
determining reasonably achievable,
cost-effective, and environmentally
sound regulations, as outlined in
Porter-Cologne Sections 13000 and
13241.
f) Basin Plans. Cal Cities supports
legislation allowing local 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 would 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 maintenance of
objectives and standards to assure
high-quality water throughout
California is essential. Beneficial 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 pollution and degradation of
both surface water and groundwater.
c) Adequate research funding to
determine appropriate public health
standards for water should be
supported.

ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
d) Additional research and education in
the application and use of herbicides
and pesticides and alternatives to their
usage as well as research to reduce
industrial and household hazardous
wastes should be supported.
e) The importance of water quality of
bays, estuaries, groundwater, and
other bodies of water important to
municipalities, including the problem
of saltwater intrusion, should be
recognized.

V. AREAS OF ORIGIN

1. Ultimate reasonable and beneficial
water needs of all areas of origin should
be assured. State law should continue
to provide that only water surplus to
the reasonable and beneficial needs of
the areas of origin may be exported. Cal
Cities supports preserving the principle
of protecting the water rights of areas of
origin.

2. Areas of origin protections should apply to
all water sources, including groundwater.

3. Reasonable and beneficial water needs
of the areas of origin should include
instream needs or uses, including
recreation and sediment flushing.

4. Areas of origin should be afforded
financial assistance, such as the DavisGrunsky type bonds, in developing new water facilities.

5. Projects that export water from areas of
origin should not increase the cost of new
local water development projects.

6. Those features of new projects that are
required by state and/or federal agencies
to enhance area of origin recreation, fish,
wildlife, and water quality should be the
financial responsibility of the state and/or
federal government.

7. New policies and programs should not
undermine or alter the water rights of
the entities implementing the policies or
programs.

VI. WATER STORAGE

1. Cal Cities believes that California needs
to develop additional water storage and
therefore believes that the construction
and retention of economically feasible
and environmentally sound flood control,
storage and multi-use projects that will
meet present and future needs should be
supported.

2. The development of additional surface
facilities and the use of groundwater
basins to store surface water that is
surplus to that needed to maintain State
Water Resource Control Board (SWRCB)
Bay-Delta estuary water quality standards
should be supported.

3. Cal Cities encourages project developers
to mitigate the negative impacts of water
storage projects on fishery and wildlife
resources, adjacent lands, water quality,
and recreation.

VIL CONVEYANCE SYSTEMS

1. Statewide
a) Conveyance facilities including, but
not limited to, the Sacramento River,
whether man-made or natural, should
be constructed and/or operated
to minimize seepage and erosion
problems and, where practicable, to
restore or maintain river functions and
to protect previously existing riparian
habitats. They should be constructed
to mitigate these problems and other
adverse impacts on adjacent lands.
b) The owner or purveyor of the water
conveyance system should be
responsible for correcting adverse
CAL CITIES • www.calcities.org I 25

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
impacts, i.e., erosion, seepage, and
sediment problems upon waterways,
either anthropogenic or natural.
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 mitigated.
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 which must be addressed
in the operation of existing projects
and the design of future projects.

2. Delta
a} Conveyance of water across the Delta
should be through existing channels
wherever possible. Delta transfer
system improvements should be
constructed and operated so as to
minimize or, if 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 measures to offset the
26 CAL CITIES • www.calcities.org
State Water Project's impacts on the
Delta fisheries and other ecological
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 beneficiaries of
such a program.
d) Until an integrated Delta levee
program is initiated, the Delta levee
maintenance program, (by former
California Sen. Howard Way). California
Water Code Sections 12980-12991,
should be funded and implemented.
e) Any Delta governance and/or water
management structure should include
local government representation from
the 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, while providing adequate
future supplies for all segments of the
state, should be required.
h) Standards balancing the protection
of all beneficial uses of Bay-Delta
waters, including water flowing into
or exported from the Delta, must be
adopted by the SWRCB and enforced
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
to protect the environmental health of
the Bay-Delta system. Pollution from
point and non-point sources into the
Bay and Delta shall be controlled as
stringently as practicable.
i} Programs and facilities to assure safe
drinking water for importing regions
dependent on the Delta should be
supported.
j} The SWRCB should assure continued
monitoring for contaminants in the
Delta.
vm. FLOOD MANAGEMENT

1. Cal Cities believes that our citizens have a
reasonable expectation that their federal,
state, and local governments will work to
protect them from flooding.

2. Cal Cities believes that flood protection
and management is a statewide issue,
involving flood infrastructure issues
related to levees, urban/suburban/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 quality, water supply, and economic
impacts that may have statewide effects
beyond the local or regional levee break
situation.

4. Flood control issues require cooperative
planning, evaluation, and solutions
that utilize a regional and statewide
perspective, such as the state IRWMP
process.

5. In assessing problems and proposing
solutions, it is important to consider the
differences between infill development
and new, greenfield development.

6. The public safety and health of California
citizens and the economic health of
California communities and our state
depend upon good flood protection.

This includes the potentially devastating
impacts of floods on homes and
businesses.

7. Cal Cities supports efforts to improve
communication, cooperation, and bettercoordinated planning between different government agencies involved in flood
management. Cal Cities believes that
there must be a genuine partnership
between state and local agencies in
addressing flood control issues.

8. Cal Cities believes cities must ask the right
questions and have the means to obtain
accurate information prior to approving
development in floodplains. This involves
educating elected officials and staff
about whether their city is located in
a floodplain, the local flood control
infrastructure, the agencies that are
responsible for providing flood protection,
the status of levees and other structures
that provide flood protection, emergency
response, and evacuation protocols, and
how their city would be impacted by
flooding.

9. Cal Cities believes that city officials should
understand that a 100-year flood zone
does not mean a low, once-in-100-years
risk of flooding. The designation actually
means that there is a 1% chance of
flooding in any given year. 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 Central Valleys.

11. Cal Cities generally endorses the
recommendations of the state's Flood
Control Task Force, especially those
recommendations involved in updating
CAL CITIES • www.calcities.org I 27

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 collaboratively with state and local
governments regarding flood issues.

IX. GROUNDWATER

1. The SWRCB, through the regulatory
process of its regional boards, should
ensure the highest possible quality and
safety of groundwater by preventing
contamination from point and non-point
sources, especially for usable water.

2. Local drilling, sealing and abandonment
ordinances for water supply and
monitoring wells for the protection of
groundwater and public health should be
supported.

3. The principle that local entities within
groundwater basins (i.e., cities, counties,
special districts, and the regional
water quality control boards) working
cooperatively should be responsible
for and involved in developing and
implementing basin-wide groundwater,
basin management plans should be
supported. The plans should include,
but not be limited to: a) protecting
groundwater quality; b) identifying
means to correct groundwater
overdraft; c) implementing better
irrigation techniques; d) increasing
water reclamation and reuse; and e)
refining water conservation and other
management practices.

4. An active state and federal role in cleaning
up contaminated groundwater basins
shou Id be supported.

5. State and federal involvement, if
requested, in developing groundwater
28 CAL CITIES • www.calcities.org
management plans should include
technical assistance for defining the
characteristics of groundwater resources.

6. Financial assistance from state and
federal governments should be made
available to requesting local agencies
to develop and implement their
groundwater management plans.

7. Planned,joint use of surface and
groundwater and the development
of incentives for such conjunctive use
for increased efficiency should be
encouraged.

8. Early development of a cost-sharing
formula among all beneficiaries to fund
groundwater replenishment projects
should be supported.

9. The importation of additional
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

1. Protection, maintenance, and restoration
of fish and wildlife habitats, resources,
and their beneficial uses, including
recreational and commercial uses,
should be supported. Where feasible,
enhancement of fish and wildlife habitats
should be provided.

2. Water projects shall mitigate adverse
impacts on fish and wildlife resources.

Mitigation measures shall be onsite, 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
impediments to fish migration, stabilize
areas of stream bank erosion, increase
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
spawning and rearing habitat for fish, and
maintain riparian vegetation for cover and
temperature control.

3. Protection and restoration of documented
fish habitats should be supported.

1. Agricultural Drainage
a) Finding long-term, economically
feasible, and environmentally
sustainable solutions to agricultural
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
agricultural drainage; and
» Water quality for public
consumption. Drainage of
agricultural lands must be part
of current and future agricultural
water project planning and
implementation.
b) Both state and federal funding
should be provided 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 treatment technologies.

An equitable cost-sharing formula for
implementing solutions to existing and
future drainage problems shall include
state and federal governments and
irrigation project beneficiaries.

3. Other (Run-Off)
a) Finding safe and environmentally
acceptable solutions to problems
caused by run-off from non-point
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, dairying, and forest practices,
is essential and in the public interest.
c) Equitable cost-sharing among
appropriate public and private bodies
for implementing solutions to urban
and other run-off problems should
occur.

1. Water development projects should
minimize adverse impacts to existing
recreational uses and provide new
recreational opportunities where feasible.

2. The state and federal governments and
the recreational users should bear the
recreational development costs of water
projects.

3. Operation and maintenance costs
of recreational facilities developed in
conjunction with water projects should be
provided from on-site user fees and other
applicable sources. Other costs incurred
as a result of these recreational activities,
such as law enforcement and emergency
rescue, should receive appropriate
assistance from state and federal sources.

Development of new technology in water use,
reuse, desalination, detoxification, and so forth
is encouraged. This should be primarily funded
by the federal and state governments. Publicprivate partnerships in this research also should be encouraged. A high priority should be given to
the protection of public health. New technology
should be evaluated based on sound science.

CAL CITIES • www.calcities.org I 29

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES

1. It is recognized that:
a) The development and operation of
water supply, water conveyance, flood
control and stormwater management,
water storage, and wastewater
treatment facilities is frequently
beyond the capability of local areas to
finance;
b} Since most facilities have widespread
benefits, it has become traditional for
federal, state, and local governments to
share their costs; and
c} It is necessary that such sharing
be continued and that different
institutional arrangements including
cost-sharing formulas among
all beneficiaries, public-private
partnerships, and user fees should be
explored.
d) The requiring agency (whether it be
state, federal, or otherwise) 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 governments needs to
be involved in the appropriate city with
regard to how the city will pay for the
new regulatory burden imposed by the
agency.
30 CAL CITIES • www.calcities.org
Appendix
State Water Resources Control Board Water
Quality Improvement Initiative {2008)

1. Water Quality Improvement Initiative Item
#7 (WQI 7): Cal Cities supports applying the
70% rule "One Per Region Basis"

2. WQI 2: Cal Cities supports staggering the
regional water board terms

3. WQI 3: Cal Cities has no recommendation
on reducing the size of the regional water
board from nine members to seven, with
the exception that at least one person
on the regional board should have local
government experience.

4. WQI 4: Cal Cities supports delegating
permitting authority 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 5: Cal Cities is opposed to regional
water board's having full-time chairs.

6. WQI 6: Cal Cities is opposed to the
creation of a statewide council of fulltime regional water board chairs. (Note:

Water Discharge Subcommittee members
believe that it may be helpful to combine
a number of regional boards into larger
regional boards to address areas that
are similar (e.g., Los Angeles and Orange
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
implementation of biennial priority
setting based on the Strategic Plan, with
six-month updates by the regional water
boards.

ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES

8. WQI 8: Cal Cities is opposed to allowing the
SWRCB to make the TMDL environmental
process subject to NEPA instead of CEQA.

9. WQI 9: Cal Cities supports requiring a
TMDL to be affirmatively approved by the
State Water Board or upon petition.

10. WQI 10: Cal Cities supports requiring the
regional water board to consider costs of
TMDL compliance.

11. WQI 11: Cal Cities supports authorizing
the SWRCB to make changes to TM Dls,
rather than remanding these 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 position on
confirmation of regional water board
conflict of interest rules with the Political
Reform Act- (Note: the Subcommittee
asked for a legal opinion. The question is:
"What are the current conflict of interest
rules pursuant to AB 1234?" Staff and
members believe that this provision is
similar to what already exists for other
state boards [example: Waste Board].)

13. WQI 13: Cal Cities has no position on
the establishment of civil penalties for
fraudulent information with regard to
reporting 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 additional authorization of district
and city attorneys to pursue civil violations
(for cities over 750,000 in population).

16. WQI 16: Cal Cities believes the state should
limit the number of mandatory minimum
penalties (M MP) to one violation, and the
population limit to qualify under the MMP
law as a small, disadvantaged 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 administratively enforce state
Underground Storage Tank (UST)
Requirements.

19. WQI 19: Cal Cities supports enhanced
oversight of UST testers.

20. WQI 20: Cal Cities supports moving the
SWRCB Enforcement Report deadline to
July l.

21. WQI 21: Cal Cities supports the SWRCB
developing and implementing
performance measures

22. WQI 22: Cal Cities supports improved data
management systems for the SWRCB.

23. WQI 23: Cal Cities generally has no
recommendation on the standardization
of NPDES permits and believes that this
issue should be worked out with the
individual regional water boards.

24. WQI 24: Cal Cities generally has no
recommendation regarding the update of
SWRCB Strategic Plan.

25. WQI 25: Cal Cities supports SWRCB
conducted training of regional water
boards, provided the SWRCB both
conducts the training and sets consistent
standards statewide.

CAL CITIES • www.calcities.org I 31

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
ppendix B
1111 Affordable: A word used increasingly to
express concern whether recipients of water
will be able to meet the cost. Whether people
view water as affordable will depend on many
factors.
1111 Agricultural Drainage: Usually refers to
installed drains to permit 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.
1111 Area and County of Origin Protections:

Refers to legislative provisions for protecting
water rights of these areas.
1111 Area of Origin Law: Applies to a watershed
or area wherein water originates, or an area
immediately adjacent thereto which can be
conveniently 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 SacramentoSan Joaquin Delta to be part of the watershed of the Sacramento River. Gives area of origin
preferential rights regarding operation of
federal Central Valley Project and to contract
for State Water Project water and to certain
rights to construct projects or make diversions,
provided use is reasonable and beneficial.
(California Water Code Sections 77728, 77460-
77463).
a County of Origin Law: Prohibits State Water
Resources Control 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 CAL CITIES • www.calcities.org
111 Delta Protection Act: Establishes that an
adequate supply of water in the Delta is
necessary to the peace, health, safety, and
welfare of the people of the state, except that
delivery of such water is subject to County
of Origin and Area of Origin laws. (California
Water Code Sections 72200-72220).
111 California Wild and Scenic Rivers Act and
Federal Wild and Scenic Rivers Act: Establish
certain rivers or sections of rivers to be
preserved in their free-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 there
is no adverse effect upon the free-flowing
character of the river. California law finds
that the free-flowing state of such rivers is
a reasonable and beneficial use within the
meaning of the state constitution.
111 Atmospheric Deposition: The transfer of
pollutants suspended in the air to the earth's
surface. Pollutants move directly 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 bodies via
runoff. Atmospheric deposition is believed to
be a significant source of various pollutants to
many water bodies.
111 Basin Plan: The Regional Water Quality
Control Plan adopted by a regional water
quality control board for that board's area of
responsibility in California. (See Cal. Water
Code Section 73240). The basin plan establishes
water quality standards, uses, and other criteria
for surface and ground waters.
111 Best Management Practices (BMPs):

Methods, measures, or practices designed and
selected to reduce or eliminate the discharge
of pollutants to surface waters from point
and non point source discharges, including
urban runoff. BMPs include structural and
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
nonstructural controls, and operation and
maintenance procedures, which can be
applied before, during, and/or after pollutionproducing activities. ill California Toxics Rule (CTR): A federal rule
adopted by the U.S. EPA on May 19, 2000, which
established numeric criteria for various priority
pollutants for California. The rule can be found
at 65 Federal Register 31682-31719, and was
codified in the Code of Federal Regulations at
40 CFR 131.38.
ill Characteristics of Groundwater Resource:

Include quality, quantity, rate of renewal, and
yield.
ill Clean Water Act (CWA}: A comprehensive
water quality statute (33 USC 1241 et seq.). The
CWA was first adopted by Congress in 1972 and
later amended in 1987 to apply to stormwater/
urban runoff. The CWA was designed to restore
and maintain the chemical, physical, and
biological integrity of the nation's waters to
support "the protection and propagation of
fish, shellfish, and wildlife and recreation in and
on the water."
111 Coliform: A group of related bacteria that
are generally benign to humans. They are
natural and common inhabitants of the soil
and ambient waters (e.g., lakes, rivers, and
estuaries), as well as the gastrointestinal tracts
of animals.
111 Compensation: Full replacement for
unavoidable fish and wildlife resource losses
in terms of habitat area and long-term
renewability 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.'
ill Conjunctive Use of Surface and
Groundwater: Planned joint use of surface and
groundwater. This usually involves maximizing
the use of surface water in wet years (with
minimum groundwater pumping) and
using any surplus surface water to recharge
groundwater, and in dry years augmenting
surface supplies by drawing on the stored
groundwater.
111 Conservation: Fish and wildlife resource loss
prevention, mitigation, and compensation.
1111 Conservation (of Water): Means efficient use
of water. Also means reducing water losses or
eliminating waste; storing water for water use;
preserving water quality.
1111 Contamination: An impairment of the quality
of the waters of the state by waste to a degree
that creates a hazard to the public health
through poisoning or through the spread of
disease. (California Water Code Section 13050)
(See "Pollution").
1111 Contamination Sources:
» Point Discharge: Source is identifiable, as
from a pipe or drain ditch.
>> Non-Point Discharge: Sources are more
diffuse and not easily identified with
well-defined outlets; includes runoff from
agricultural or forested land, general
urban runoff, except where collected in
identifiable drains.
» Cross-Media Pollution: The contribution
or "flux" of pollution from one
environmental medium to another. (For
instance, the transfer of pollutants from
the atmosphere to water.)
m Davis-Grunskv Bond: This legislation
established a bond fund to facilitate the
financing of projects in counties with limited
financial resources.
111 Demand/Need: "Demand" usually refers to
a statement of water requirements that may
be projected on the basis of past water use
practices. In contrast, "need" is intended to
refer to water that is truly needed to satisfy a
purpose if water is efficiently utilized.

CAL CITIES • www.calcities.org I 33

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
111 Delta: Refers to the Sacramento-San Joaquin
Delta. 700,000 acres of islands, waterways,
levees, and lands into which the natural runoff
flows from the Sacramento, San Joaquin,
tvlokelumne, and Consumnes river systems
before either being exported or entering the
San Francisco Bay and then, the Pacific Ocean.
111 Desalination: A process designed to treat
brackish or seawater to make it useful for
potable or non-potable use.
11 Enhancement: Development or improvement
of fish and wildlife resource values of the area
affected by a project beyond that which would
occur without the project.
11 Enterococcus: A non-coliform bacteria group
used as an indicator of the presence of fecal
material in drinking and recreational waters.

USEPA believes that enterococci have a
better correlation with swimming-associated
gastrointestinal illness in both marine and
freshwaters than coliform organisms, and "die
off" more slowly in saltwater.
11 Environmentally Safe: Not a precise technical
term but used to mean actions that have little
or no adverse impact.
11 Economically Sound/Feasible: Not a precise
technical term, but one that refers to a balance
of costs and benefits. Formerly emphasis
was placed on calculating benefit-cost ratios.

Uncertainties and possible abuses in such
calculations have raised questions concerning
the usefulness of such calculations. Problems
include what types of benefits to involve, as
well as what costs to involve. Many, including
environmentally-related benefits and costs,
cannot be adequately quantified.
11 Fish and Wildlife Issues: See Compensation,
Conservation, Enhancement, Fish and Wildlife
resources, lnstream uses, Loss prevention
measures, Mitigation, Preservation, Protection,
and Restoration.
34 CAL CITIES • www.calcities.org
11 Fish and Wildlife Resources: Birds, mammals,
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 of fish).
11 Flood Irrigation: Used to describe what is
more appropriately called basin and border
irrigation in which land prepared as basins or
land bordered by small levees is irrigated with
relatively large streams of water.
11 Croundwater Management: The process of
controlling the extraction of groundwater and/
or planned recharge to manage the supply
and/or quantity of groundwater. Objectives
of groundwater management may include
minimizing (or preventing) adverse effects
such as groundwater overdraft or quality
degradation. (Also see conjunctive use and
water management practices).
11 Croundwater Overdraft: Where, over a period
of time, groundwater extraction exceeds
natural or artificial recharge.
11 Indicator Bacteria: Bacteria that are used
to assess the microbiological quality of water
because, although not typically diseasecausing themselves, they may indicate the presence of several waterborne diseasecausing organisms. The concentration of indicator bacteria is used as a measure of water
safety for body contact and for consumption of
water.
11 In-stream Uses: Include fish, wildlife,
recreation, aesthetics, hydropower production,
dilution of contamination, waste discharge,
and sediment transport.
11 Local Entities: Includes cities, counties, water
districts,joint powers, etc.
11 Loss Prevention Measures: Designing and
implementing measures to avoid immediate
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 Municipal NPDES Permits
to be complied with by municipal dischargers
in order to reduce the discharge of pollutants
from their municipal 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 practicable, including management
practices, control techniques and systems,
design and engineering methods, and such
other provisions as the Administrator or the
State determines appropriate for the control of
such pollutants."
• Mitigation: Measures to lessen or reduce
adverse effects on fish and wildlife resources
through the use of structural and nonstructural loss prevention measures in project design and operations. (See CEQA Guidelines
Section 15370)1 NEPA regulations have a
functionally similar definition. NEPA definition
includes restoration as a mitigation measure,
however.
• National Pollutant Discharge Elimination
System {NPDES}: The program for issuing,
modifying, revoking, and reissuing,
terminating, monitoring, and enforcing
wastewater and stormwater discharge permits,
and imposing and enforcing pretreatment
requirements under CWA.
• Non-Point Source Discharge: Pollution
caused by rainfall or snowmelt moving over
and through the ground. As the water moves,
it picks up and conveys natural and humanmade pollutants, depositing them into water bodies and groundwater. Atmospheric
deposition and hydromodification are also
non point sources of pollution.
11 Numeric Limits: Numeric or numerically
expressed narrative restrictions on the
quantity, discharge rate, concentration, or
toxicity units of a pollutant or pollutants that
may be discharged from an NPDES permitted
location or outfall.
11 Pathogens: Disease-causing bacteria, viruses,
and protozoans that are transmitted to people
when they consume contaminated water.
11 Pollution: An alteration of the quality of
the waters of the state by waste to a degree
which unreasonably affects: (l) such waters
for beneficial uses, or (2) facilities that serve
such beneficial uses. Pollution may include
contamination. (California Water Code Section
13050: Please see "Contamination"}.
11 Porter-Cologne Water Quality Control Act
{Porter-Cologne): The California equivalent
of the federal Clean Water Act. This legislation
established that the State Water Resources
Control Board (State Water Board} has the
ultimate authority over state water rights,
water quality policy, and the nine regional
water quality control boards (regional water
boards} which oversee water quality on a dayto-day basis in their geographic regions. 11 Preservation: Maintenance and protection of
fish and wildlife resources at levels that existed
prior to the commencement of a (the current}
project. Preservation is achieved through
mitigation for avoidable resource losses and/or
compensation for unavoidable resource losses
and/or compensation for unavoidable resource
losses. The term "preservation" is synonymous
with "conservation" as used in the U.S. Fish and
Wildlife Coordination Act. Preservation does
not assume that restoration will occur, but it
could.
11 Project Beneficiaries: Those who gain value
in some fashion from any of the following:
water supply, flood control, power generation,
recreation, salinity repulsion, wildlife.

CAL CITIES • www.calcities.org I. 35

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
111 Protection: Department of Fish and Game
appears to use this term when referring to legal
enforcement by wardens. (See Preservation
and Conservation).
111 Real Water Savings: Simply means there is an
"actual" savings of water that could be put to
other use.
111 Reasonable and Beneficial: Depends on the
facts and circumstances of each case. What
is a beneficial use at one time may, because
of changed conditions, become a waste of
water at a later time. (Tulare Irrigation District
v. Lindsay-Strathmore Irrigation District). The
courts have determined the law requires an
evaluation of the ascertainable facts in view
of the increasing need for water conservation
within California.
111 Beneficial uses include: storing water
underground if thereafter to be applied to
beneficial purposes; use of water for recreation
and preservation and enhancement of fish and
wildlife resources.
11 Reclaimed Water: Wastewater that has
been cleaned so that it can be used for most
purposes except drinking.
11 Recycled Water: Municipal and/or industrial
wastewater that has been treated to a
sufficiently high level that it can be reused
usually for non-potable purposes such as
irrigating landscape and refilling aquifers.
11 Restoration: Means to return to "original"
conditions. (Selection or "original" or base
condition is often source of debate.)
11 Reverse Flows: Where the direction of flow in
a channel is reversed, as in the case of channels
in South Delta which normally drain towards
San Francisco Bay, but where pumping for
export may cause flow reversal, drawing more
saline water further into the Delta.
11 Sediment Transport: Sediment of various
particle sizes may be carried by moving water.
36 CAL CITIES • www.calcities.org
The size of particles transported by water
increases as velocity rises.
111 Stormwater: Water that accumulates on land
as a result of storms and can include runoff
from urban areas such as roads and roofs.
111 Surplus Water: When used as a technical
term in water contracts, this is the water
that is available after entitlement water has
been delivered. The amount of surplus water
varies from year to year, generally 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 reasonable and beneficial uses of
area of origin and Bay/Delta.
111 System Expansion: Extension of existing
infrastructure exclusively to serve new
customers in presently unserved areas and/
or increase in water supply exclusively for the
same purpose.

II Total Maximum Daily Load (TMDL): A
calculation of the maximum amount of a
pollutant that an impaired water body can
receive and still meet applicable water quality
standards. A TMDL is to include allocations
for the maximum load a particular source of a
pollutant 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 impaired for the
particular pollutant or pollutants at issue.
11 Triennial Review: A review of water quality
standards in basin plans that is required at
least once every three years by Section 1313(c)
(1) of the CWA and periodically under Section
13240 of the Porter-Cologne Water Quality
Control Act.
11 Ultimate: Imprecise meaning. Depends on
time frame.
11 Usable Groundwater: Refers to groundwater
that can be pumped within the cost and
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
technical constraints appropriate to the
situation.
• Water Banking: Not a precise term. Generally
refers to storing presently surplus water in
groundwater basins or in surface storage
facilities.
• Water Management Practices: Relate to the
varied objectives of irrigation, municipal and
industrial use. These objectives may not be
compatible. In general, management practices
are developed to maximize economic returns
and/or to minimize {or prevent} adverse
environmental impacts including water
quality degradation. Conservation of supply,
reuse, treatment for use and waste disposal,
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 regional water quality boards set
"objectives" in their basin planning process
which are equivalent to what EPA calls
"standards." The "standards" include numerical
narrative criteria and plans to implement these
criteria.
• Water Reclamation: Usually refers to
removing contaminants in water so that the
water can be discharged into a receiving water
without creating problems for fish, wildlife,
and other aspects of environment. Also, refers
to water which has been treated to remove
contaminants as required to permit its reuse,
particularly for irrigation of landscaped or
agricultural areas.
• Way Bill (Program): Delta Levee Maintenance
Program. Declares the 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 physical characteristics
of the Delta. Finds there is an urgent need for
a higher degree of levee maintenance and
rehabilitation throughout the Delta and 'that
the state has an interest in providing technical
and financial assistance. Establishes that local
agencies maintaining non-project {private}
levees shall be eligible for reimbursement from
the General 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 that are polluted, under Section 303(d}
of the CWA. Inclusion of a water body on the
303(d} list generally leads to the development
of a total maximum daily load (TMDL) for the
water body.

Prepared by Robert M. Hagan, Extension Water Specialist, Marcia Kreith, Program Representative, University of California Cooperative Extension, July 7987 and Ken Farfsing, City Manager, City of Signal Hill, October 2009.

CAL CITIES • www.calcities.org I 37

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 legislation that specifically
exempts local public agencies from the requirement
to negotiate with any labor or special interest group
about matters submitted to the voters of that
jurisdiction as initiatives or Charter amendments.

Cal Cities supports efforts to promote, initiate and
improve both public and private sector labormanagement relations.

Cal Cities opposes any system of compulsory
and binding interest arbitration, including
state mandates and the imposition of binding
arbitration through the initiative process. No
arbitrator board or other private person should
have any control, direct or indirect, over local
budgets, revenues, or appropriations.

Cal Cities opposes any legislative action that
requires the continuation of the terms of any
Memorandum of Understanding (MOU) between a
public agency and an employee organization until
a successor MOU is agreed upon.
38 I CAL CITIES • www.calcities.org
Cal Cities opposes any extension of the State
Public Employment Relations Board jurisdiction
over local public agency labor relations disputes
and charges of unfair labor practices, and also
opposes any interference or intervention in local
collective bargaining by all labor-management
relations councils or boards.

Cal Cities opposes state-mandated legislation
related to employer/employee relations that are
not mutually agreed upon by the local public
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 should be
sustainable, fair to taxpayers and employees, and
provide long-term financial stability.

Cal Cities believes that solutions towards realizing
pension system sustainability should be the
result of inclusive stakeholder collaboration at
both the local and state level (retirees, employees,
employers, Cal PERS).

GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
Cal Cities supports legal or legislative remedies
that facilitate options to restore sustainability to
Cal PERS benefit plans. As appropriate to each
city, such actions could include one or more of the
following:
111 A single benefit level for every employee.

Iii Converting all currently deemed "Classic"
employees to the same provisions (benefits
and employee contributions) currently in place
for "PEPRA" employees for all future years of
service.
111 Temporary modifications to retiree Cost
of Living Adjustments (COLA) that are
automatically added to a retiree's pension
benefit payment regardless of compensation
level or CPI.

Cal Cities supports expanded flexibility for cities
regarding their contract agreements with Cal PERS,
which could include additional mechanisms
for exiting Cal PERS and renegotiating UAL
amortization terms.

Cal Cities supports a change in state law or judicial
precedent to allow employers to negotiate plan
changes with classic Cal PERS members.

Cal Cities supports legislative solutions to address
increasing costs associated with Industrial Disability
Retirement (IDR).

General Pension Principles
Cal Cities supports balanced measures that ensure
sustainable retirement and health care benefits are
offered to public agency employees while at the
same time ensuring that public agencies have solid
retirement benefits to attract and retain highly
talented employees. Cal Cities supports locally
negotiated retirement programs that are fiscally
responsible, transparent, sustainable, affordable,
and equitable for employees and for taxpayers in
the long-term.

Cal Cities supports reasonable measures to
ensure that retirement benefits are properly
funded allowing flexibility to local agencies to
negotiate equitable cost-sharing with employees
and smoothing the employers' costs during
challenging economic times. Cal Cities supports
the long-term sustainability of retiree health
benefits by including their costs in employer/
employee costs sharing formulas.

Cal Cities recognizes and supports the value of
a dependable, sustainable, employer-provided
defined benefit plan for career employees;
supplemented with other employee-only funded
retirement options including personal savings
such as a 457 Plan. Cal Cities supports further
exploration of defined contribution options as part
of future pension reform discussions.

Cal Cities supports pension portability across all
public agencies to sustain a competent cadre of
California public servants.

Cal Cities supports calculating benefits only on
core components; special pays such as temporary
upgrade of out of class pay should be eliminated
from final compensation calculations.

Cal Cities supports meeting any retirement needs
for part-time employees with alternatives to a
defined benefit plan.

Cal Cities supports employee benefits (including,
but not limited to, retirement and disability) and
desires to ensure that income derived from such
sources are non-duplicative.

Cal Cities opposes preemption of charter city
authority over public pension systems.

Cal Cities supports reducing public retirement
benefit fraud and increasing transparency of other
post-employment benefits.

Cal Cities supports full participation in the
PERS Coalition (PERS/PAC) and its purpose
of monitoring legislation, policies, and action
necessary to maintain or further the interests of
contracting agencies.

Cal Cities believes that cities with retirement
programs must retain the ability to opt out of
Social Security.

CAL CITIES • www.calcities.org I 39

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Cal Cities believes that the employee benefit
structure within local government should be
developed locally through the local government
collective bargaining process and that process
should be strictly honored by the state Legislature
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 goals as
an investment strategy can present challenging
conflicts for Cal PERS in balancing current affairs
against its fiduciary duty to maximize retirement
investments. Cal Cities supports Cal PERS' priority
to its members as stated in the State Constitution
Article 16, Section 17, "[a] retirement board's duty
to its participants and their beneficiaries shall take
precedence over any other duty."
Cal Cities supports responsible investment
strategies that balance the short- and longterm ability of Cal PERS to meet its financial commitments to its members.

Any divestment policy must be well-vetted
and must include the opportunity to identify
alternative revenue sources consistent with the
intended impact of the divestment and Cal PERS'
fiduciary responsibilities outlined above.

Cal Cities supports Cal PERS proxy access efforts to
affect change from within businesses Cal PERS has
invested in to ensure they are well managed for
sustained, responsible, long-term success.

Cal Cities supports an exemption for retired
Cal PERS employees, allowing them to work for
Cal PERS agency under contract or appointment
by the local agency.

Cal Cities supports agencies having the maximum
amount of flexibility when employing and
compensating part-time, seasonal, and temporary
employees (i.e. lifeguards, seasonal maintenance
workers, recreation leaders, summer camp
40 CAL CITIES • www.calcities.org
leaders, and other temporary hires, etc.) to include
eliminating the mandate that Cal PERS retirement
benefits must be provided when the part-time,
seasonal, or temporary employee works 1,000 hours
in a fiscal year given the costs associated with the
CalPERS retirement plan.

Further, Cal Cities supports providing Cal PERS
with information regarding enrolled members
while eliminating the requirement to provide
information regarding employees who are not
members of Cal PERS. Cal Cities also encourages
agencies to support long-term part-time/seasonal
employees by providing proportional retirement
benefits via appropriate mechanisms.

Cal Cities supports having Cal PERS provide
a broader range of formula choices classes
with maximum local control and flexibility in
negotiating all options.

Cal Cities supports having Cal PERS provide a
broader range of health plan choices with a
variety of benefit options for all types of member
classes with maximum local control and flexibility
in negotiating all benefit options with active
employees and for retirees.

Cal Cities supports legislation that allows agencies
to offer a variety of different health care plans
to retired employees that provides adequate,
affordable coverage.

Cal Cities supports legislation permitting cities to
establish their contributions toward retiree health
premiums through the labor relations negotiating
process, including: (a) multi-tiered contribution
levels; (b) vesting eligibility other than PERS
retirement eligibility; (c) prorated contribution based on age and/or length of service; and (d) different
contributions for active and retired employees.

When discussing pension policy, the total cost of
the pension benefit should be considered. In costshare arrangements, Cal Cities supports shared employee/employer costs based on the total cost of
the pension benefit.

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, costsharing, formulas, 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 retirement ages for miscellaneous
employees up to social security retirement ages.

Cal Cities supports eliminating the requirement that
any negotiated changes in pension benefits under
the Public Employees' Retirement Law (PERL} are
voted on twice by the affected employees.

Cal Cities supports a State Constitutional
Amendment to allow employers to negotiate plan
changes with classic Cal PERS members.

Cal Cities supports restructuring the Cal PERS
Board of Administration to substantially increase
in independent public members (preferably
with financial expertise} to ensure greater
representation of taxpayer interests with reg a rd to
public pension decisions.

Cal Cities supports setting uniform standards and
definitions for disability benefits and evaluating
the level of benefit that is considered as tax
exempt. The tax-exempt portion should either be
eliminated or allowed on a proportional basis to the
severity of the disability.

If the above reforms prove unfeasible or ineffective,
Cal Cities supports considering a standard public
employee pension system where one benefit level
is offered to every employee as a further option to
restore sustainability to Cal PERS.

Cal Cities supports developing a program with the
state to ensure that pension programs offered by
localities are fully transparent and that professional
actuarial evaluations of unfunded components
of other post-retirement benefits (OPEBs} and
pension plans are completed.

Compensation Principles
Employee compensation should be based on each
individual agency's overall philosophy on employee
compensation as well as the agency's ability to pay
and provide services to their community. Cal Cities
recognizes that sound compensation practices
are based on the complexity of the job and the
community, as well as the job requirements and
the knowledge, skills, and abilities needed to meet
those requirements.

Cal Cities believes that employee compensation
should be based on job requirements, complexity
of both the makeup of the city organization and
community, the leadership needed, labor market
conditions, ethical considerations of what is just
and fair, and the organization's ability to pay.

Public compensation systems programs should be
sustainable, fair to taxpayers and employees, and
provide long-term financial stability.

Transparency of compensation and other benefits
ensures the public is informed about the fiscal
realities local agencies face as they relate to fiscal
obligations.

Cal Cities opposes legislation that would require
employers to pay more than the regular pay for
work on family holidays.

Workers' Compensation
Cal Cities supports legislation and policy that
controls escalating workers compensation costs to
public agencies and taxpayers.

Cal Cities opposes legislation that would permit
an employee 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'
compensation.

Cal Cities supports reforming the workers
compensation process to incentivize employees
returning to work creating a penalty for those
CAL CITIES • www.calcities.org I 41
SUMMARY OF EXISTING POLICY AND CiUIDINCi PRINCIPLES
that do not return to available modified duty or
alternate positions.

Other Employer and Employee
Related Issues
Cal Cities supports efforts to conform the California
Family Care Leave Laws to the federal Family and
Medical Leave Act (FMLA) laws.

Cal Cities supports the special protection of
elected officials, county public defenders, public
figures, and public employees acting in their
official capacity against threats of death or serious
bodily injury.

Cal Cities opposes legislation making it a
misdemeanor to disclose peace officer personnel
records and citizen complaint records, as well as
prohibiting the use of documents or information
obtained in violation of this procedure in any
administrative proceeding against a peace officer,
and any measure that makes it more difficult to
discipline the misconduct of police officers.

Cal Cities supports maintaining the confidentiality
of personnel matters and protecting public safety
personnel discipline records from public disclosure.

Cal Cities opposes the mandated inclusion of
governmental entities for Occupational Safety
and Health Agency (OSHA) violations without
appropriate compensation for the mandates.

Cal Cities supports legislation to protect the
authority of city employers to request that an
applicant disclose information or use for hiring
decisions information concerning a felony
conviction.

Cal Cities supports the establishment of a state
program similar to that of the federal AmeriCorps
program that would allow cities and other local
agencies to host service members.

Cal Cities opposes legislation that would allow
employment applicants to bring action against the
agency for taking into consideration their status as
a current or former public employee.
42 CAL CITIES • www.calcities.org
Cal Cities supports controlling the overall costs of
healthcare through community-wide actions.

Cal Cities opposes requiring public agencies to
continue employer contributions for health care
coverage for employees who, during the duration
of a strike, fall below the minimum hours worked
to qualify for employee health care coverage.

Cal Cities opposes legislation that would interfere
with a city's ability to maintain a safe workplace.

Cal Cities is committed to ensuring employees
have access to, and are educated in, sexual
harassment prevention training and supports the
State of California's production of uniform training
materials to be used to educate employees
on the prevention of sexual harassment in the
workplace. As employees move from agency to
agency or between public and private employers,
it is important that they have a uniform training
standard related to sexual harassment prevention.

Transparency
Public trust and confidence in government are
essential to the vitality of a democratic system and
are the reason ethics laws hold public officials to
high standards.

Laws alone cannot foresee or prevent all
actions that might diminish the public's trust in
governmental institutions. Transparency laws
impose the minimum standards of conduct; to
preserve public trust, public officials should aspire
to conduct that exceeds minimum standards.

State revisions to laws governing local agency
transparency and ethics should address material
and documented inadequacies in those laws and
have a reasonable relationship to resolving those
problems.

In order to encourage and facilitate compliance
with new transparency and ethics requirements,
state laws should be internally consistent, avoid
redundancy and be mindful of the practical
challenges associated with implementation.

GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
State officials and agencies should aspire to
conform to the same level of transparency and
ethical behavior as is imposed on local officials and
agencies.

Open Meeting law {Ralph M. Brown Act) &
Open Access to Public Records (California
Public Records Act)
Cal Cities supports legislation that recognizes the
need to conduct the public's business in public.

To this end, Cal Cities supported and was a cosponsor of the original Ralph M. Brown Act and supports legislation that conforms to the intent
of the Act. Cal Cities also supports the regulation
of the state and other public agencies to ensure
conformance to the principles of the open
meetings provision in the Ralph M. Brown Act.

Cal Cities opposes legislation claiming to enhance
open and public meetings that in practice
unnecessarily complicates the ability of a local
governing body to properly communicate with
the public and that discourages communications
among governing body members through
unproductive restrictions and inappropriate
activities.

Cal Cities opposes legislation that would impose
further unnecessary restrictions on the action that
a governing body can take in closed sessions.

Cal Cities supports legislation that recognizes the
realities of other constraints under which a local
governing body must operate that necessitates
judicious use of closed sessions, including:
11 The privacy rights granted to individuals under
the U.S. and California constitutions.
11 The personnel issues that have a potential
impact on an individual's career and potential
earning capacity and that raise serious liability
questions for a local jurisdiction.
11 The protection of the taxpayer's interests over
property and other acquisitions by a public
agency.
11 The proper maintenance of the same attorneyclient privilege enjoyed by the private sector.

Cal Cities supports legislation that includes lessthan-a-quorum advisory committees within the definition 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 cumulatively 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
technology-friendly methods of communication.

Political Reform Act of 1974 (PRA)
Cal Cities supports legislation and regulations that
establish sound practices and principles related to
political campaigns. Regulations and legislation
that restrict or preempt local authority will be
opposed.

Cal Cities should continue to explore opportunities
to improve and streamline the Political Reform Act
and its implementation through regulations.

Cal Cities supports an increase in the fee for the
reproduction of statements required under the
Political Reform Act from ten cents ($0.10) per
page to twenty-five cents ($0.25) per page.

Cal Cities opposes legislation that would prohibit
the use of public resources to commence an
action to enjoin the operation of any law or
constitutional amendment that was proposed by
initiative petition and approved by the voters.

Cal Cities supports legislation providing the FPPC
with authority to issue opinions to guide local
officials in understanding conflict of interest laws,
including Government Code Section 1090.

Governance and Ethics
Cal Cities supports legislation that strengthens the
ethics laws related to the Board of Administration
(Board) for the California Public Employees'
Retirement System (CalPERS) including banning
CAL CITIES • www.calcities.org I 43

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
the ability of former Board members to do
business with Cal PERS.

Cal Cities believes that a statute of limitations
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
limitations should be the same as the statute of
limitations for the underlying crime.

Elections
Cal Cities supports legislation that reduces any
unnecessary and costly procedures for conducting
a municipal election. Cal Cities opposes legislation
that mandates costly and unnecessary procedures
related to the election process.

Cal Cities opposes state-mandated consolidated
elections as they lead to increased costs and move
local elections further down on the ballot even
though local outcomes have a direct impact on
voters themselves.

Cal Cities supports providing city councils more
flexibility to fill city council vacancies including
extending the appointment period to fill a vacancy.

Cal Cities supports mail ballot elections.

Cal Cities supports the requirement that the intent
and text of a local ballot measure is to be filed with
the city clerk and published in a newspaper of
general circulation with a filing fee. With regard to
any land use measure, Cal Cities supports allowing
the city council to refer it to the planning agency
for a report on the measure's effects.

Cal Cities supports legislation that facilitates newly
sworn citizen's voter registration.

Cal Cities supports permitting elections officials to
administer voter information electronically so long
as such a process remained voluntary to voters.

Cal Cities opposes any legislation or regulation
that would prohibit legal action from being filed
by any person(s) challenging the validity of the
initiative petition or ordinance after the date of the
election.
44 CAL CITIES • www.calcities.org
Cal Cities supports legislation that puts before
voters the question of whether general law cities
should have the ability to create public campaign
financing programs.

California Voting Rights Act (CVRA)
Cal Cities supports a process that would allow a
city presented with an allegation of a violation of
the 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) lawsuits and costs
associated with gaining voter approval at the
ballot.

Cal Cities supports modifying the California Voting
Rights Act (CVRA) to provide cities more flexibility
to remedy a potential CVRA lawsuit by converting
to a rank-choice voting (RCV) method.

Recall Elections
Cal Cities supports legislation that maintains the
integrity of the recall process.

Cal Cities supports legislation that reduces
the amount of recall abuse while improving,
streamlining, and ensuring that the public has full
knowledge of the issues.

Elected Officials
Cal Cities recognizes that elected and appointed
officials receive threats and have become
the target of violence at their homes. The
unauthorized publication of home addresses
or telephone numbers in newspapers or similar
periodicals, like publications on the Internet, is
a threat to the security of public officials in their
homes. Cal Cities supports legislation to extend
or provide protection to elected and appointed
officials from the unauthorized publication of
their home addresses or telephone numbers in
newspapers or similar periodicals.

GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
Cal Cities supports requiring both elected local and
state officials to maintain their place of residence in the jurisdiction they were elected to represent.

Candidates running for elected office with young
children often face the practical reality of paying
for increased childcare to campaign and network
when running for office. Cal Cities supports
increasing diversity of elected officials at all levels and supports the use of campaign funds to pay
for childcare expenses resulting from a candidate
or officeholder engaging in campaign activities or
performing official duties. Cal Cities also supports
legislation to increase flexibility and remove
limitations on how campaign funds may be used
for security expenses.

Attorney-Client Privilege
Cal Cities recognizes the special role of public
agency attorneys in protecting the public interest,
while at the same time maintaining appropriate
and critical attorney-client confidentiality. The basis for this position is the belief that it is the public
agency that is the public agency attorney's client,
not an individual public official. Thus, Cal Cities
supports legislation that permits public agency
attorneys to breach attorney-client confidentiality
to disclose only very serious wrongdoings
where internal corrective measures have failed
or are futile; the disclosure is made to narrowly
circumscribe regulatory agencies and the public
agency attorney follows specific procedures.

Government Liability and Tort Reform
Cal Cities supports legislation 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 animals in public places. Cal
Cities opposes legislation that would unduly expose
cities to increased liability and cost.

Cal Cities supports modifications to the joint
liability laws that require the responsible parties
in a civil action to pay only their fair share of
judgment based on their relative responsibility.

Private Sector Liability
Cal Cities will work closely with 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 should be evaluated
on a case-by-case basis through Cal Cities' policy
process.

Cal Cities supports legislation that enables cities
to better prosecute unfair competition cases
(Business and Professions Code 17200) in order
to protect consumers and their residents, and
that removes the 750,000 population and District
Attorney approval for city attorney action in this
area. Cal Cities opposes legislation that restricts
cities from pursuing unfair competition cases
beyond the restrictions in current law {2003).

Interest on Judgments
Cal Cities supports ensuring that pre-and postjudgment interest rates are fair to all parties, including taxpayers, recognizing the impact on
public budgets.

Cal Cities encourages cities to do everything in
their power to protect the privacy of employees
and constituents. However, Cal Cities opposes
mandates that would require, in the event of a
security data breach, cities to provide identity theft
prevention and mitigation services at no cost to
the impacted persons.

Note: Ca/ Cities will review new legislation to determine how it relates to existing Cal Cities policies and guiding principles. In addition, because this document is updated every two years to include policies and guiding principles adopted by Cal Cities during the previous two years, there may be new, evolving policies under consideration or adopted by Cal Cities that are not reflected in the current version of this document. However, all policies adopted by 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."
CAL CITIES • www.calcities.org 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, residential care facilities, other land use regulation, development fees including school fee adequacy, annexation and incorporation policy, development agreements, building standards including seismic safety standards, economic development policy including redevelopment and enterprise zones, military base closure and reuse, mobile home regulation, and sign regulation.

Summary of Existing Policy and
Guiding Principles
Planning And Zoning
General Plans
Cal Cities supports the use of the general plan as
a guide to meeting community planning needs.

A city's general plan should guide the individual
city's land use planning and strategic decisionma king. A city's general plan should not be subject to mandatory review by regional or state agencies.

General plan requirements should be flexible
and provide guidance to local communities
without requiring inappropriate levels of detail
or mandating new topics or elements. Cal Cities
supports guidance by expert state agencies in
a consultation format but opposes granting
mandatory review, certification, or other approval
authority to another level of government.
46 CAL CITIES • www.calcities.org
Water Supply and Land Use Planning
Cal Cities supports having the best information
available on the reliability of water supplies when
land use decisions are made by 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 essential component
of home rule. The process of adoption,
implementation, and enforcement of zoning
ordinances should be open and fair to the
public and enhance the responsiveness of local
decision-makers. State policy should leave local
siting and use decisions to the city and not
interfere with local prerogative beyond providing
a constitutionally valid procedure for adopting
local regulations. State agency siting of facilities,
including campuses and office buildings,
should be subject to local notice and hearing
requirements in order to meet concerns of the

HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
local community. Cal Cities opposes legislation
that seeks to limit local authority over parking
requirements.

Housing Element
Housing issues should be addressed in the general
plan as other planning issues are. The housing
element should be prepared for the benefit of
local governments and should have equal status
with the other elements of the general plan.

The projections of regional and local growth and
the allocations of housing units should account
for state and local planning factors and should be
subject to a formal hearing and appeal process
to ensure that they are realistic. Cities should be
allowed to work together to allocate housing units
among themselves within a subregion. Appeals
should be heard by politically accountable officials
at the state and regional levels. Allocated housing
units are not a production requirement as cities do
not construct housing.

Cities should focus their efforts on facilitating the
production of below market-rate housing units.

Local government efforts should 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 should
include streamlining by not being subject to
the Department of Housing and Community
Development review, priority ranking for
discretionary funds, and new discretionary funds
available for general fund purposes.

Cal Cities supports and encourages legislation
that implements comprehensive reforms to the
housing element process that
• Address conflicts between local growth
projections and state regional housing need
numbers;
• Resolve the problems associated with the
distribution of RHNA units within a council of
governments;
111 Achieve improvements to the housing element
review process;
• Develop a neutral dispute resolution process
and fair enforcement alternatives to deal with
disputes over questions of compliance;
• Require state laws and policies which
affect housing and land use to be internally
consistent;
• Establish additional legal protections to local
agencies that approve affordable housing
and that establish local pro-active affordable
housing policies; and
• Authorize communities which achieve
quantifiable affordable housing production
levels to self-certify their housing elements
without being subject to state review.

Housing Finance
Cal Cities supports legislation and state and
federal programs that assist in providing
financing for affordable housing, including the
development of fiscal tools and incentives 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 1986
which encouraged private development and
ownership of rental housing.

Cal Cities supports property tax assessment
policies that match local affordable housing
policies.

Economic Development
Job Creation, Retention and Expansion
Cal Cities supports legislation that will provide
tangible and productive tools and incentives to
support job creation and retention in housingrich,jobs-poor communities, such as the awarding of direct grants to fund the development of
CAL CITIES • www.calcities.org I 47
SUMMARY OF EXISTING POLICY AND CiUIDINCi PRINCIPLES
infrastructure that results in the creation and
retention of jobs; the elimination of matching
dollar requirements for economic development
and infrastructure state grants; the provision of
grant funding for infrastructure planning and
design and the creation of economic development
strategies; and, allowing cities the maximum
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 infrastructure and jobs/housing needs of all
communities within the state.

Tax Increment Tools
Cal Cities supports the enactment and expansion
of tax increment financing authority for economic
development, infrastructure, and community
revitalization, including recently enacted
Enhanced Infrastructure Financing District Law
(EIFD), Community Revitalization and Investment
Authorities (CRIA), and Annexation Development
Plans.

Cal Cities supports the enactment and expansion
of state tax incentives that assist city economic
development and community revitalization efforts.

Eminent Domain
Cal Cities supports enactment offair eminent
domain reforms that protect homeowners and
opposes proposals that would cripple the ability of
state and local agencies to manage development.

Tenant Protections
Cal Cities supports prohibiting landlords from
discriminating against tenants who use housing
assistance vouchers issued under Section 8 of the
United States Housing Act of 7937 and other public
assistance towards their rental payments.

Cal Cities also supports requiring landlords that
seek to increase monthly rent greater than 70% to
provide tenants 90-day notice before the increase
takes effect.
48 CAL CITIES • www.calcities.org
Rent Control
Cal Cities opposes legislation that restricts the
ability of cities to enact rent control ordinances
for mobile homes and stick-built housing
that are tailored to meet local conditions and
circumstances.

Cal Cities opposes legislation that would require
a city to adopt a mobile home rent control
ordinance.

Subdivision Map Act
Cal Cities supports maximizing local control over
subdivisions and public improvement financing.

Discretion over the conditions and length of
subdivision and parcel maps should be retained by
cities.

Residential Care Facilities
Cal Cities supports permitting cities to exercise
review and land use regulation of group home
facilities and residential care facilities in residential neighborhoods including the application of
zoning, building, and safety standards. State and
county licensing agencies should be required
to confer with the city's planning agency in
determining whether to grant a license to a
community care facility. Cal Cities recognizes
that better review and regulation of residential
care facilities will protect both the community
surrounding a facility and the residents within
a facility from a poorly managed facility or the
absence of state oversight.

Cal Cities supports state legislation to require a
minimum distance of300 feet between all new
and existing residential care facilities. Cal Cities
supports notification of cities about conditional
release participants residing in group homes.

Development Fees
Cal Cities supports providing local discretion
in the assessment, collection, and usage of
development fees. The state should provide
infrastructure funding to help local communities

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 recognizes that school facilities 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 legislative authority should
be exercised to fully mitigate impacts from
development to the adequacy of school facilities.

Consistent with maintaining discretion, cities
should maintain the ability to condition and deny
projects that the city determines inadequately
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' abilities to provide for community needs.

The state must ensure that cities have adequate
revenues for local infrastructure and services.

Annexation and Incorporation
Cal Cities supports strengthening city control over
urban boundaries. Sphere of Influence law should
be modified to ban county development and to
allow cities to annex logical growth. The Revenue
and Taxation Code should not allow counties to
block annexations in exchange for unreasonable
property tax sharing agreements. In addition,
cities should have expanded authority over
adjacent lands outside of their sphere of influence
regardless of jurisdictional lines so long as the land
is not within another city's sphere. Cities should
not be required to incur costs for planning to meet
infrastructure 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 procedural requirements and
voter approval. Cal Cities opposes efforts by the
Legislature to disincorporate a city for any reason,
unless requested by the affected city.

Deve!opme11t AgreertH~•·'!'ts
Cal Cities recognizes voluntary development
agreements as one tool for providing flexibility in
development approvals.

Buildii19 Standards
Cal Cities supports flexibility in the adoption and
implementation of health and safety standards
contained in the building codes. Statutes should
maximize local control over standards applying to
local conditions. Cal Cities opposes new standards
imposed by statute rather than regulation.

Cal Cities opposes attempts to have multiple state
agencies develop specific or
subject-related building standards. New building
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 fire-related fatalities.

Housing for Homeless
Housing and programs for homeless and other
extremely low-income populations are necessary
to ensure quality of life and economic viability for
all Californians.

Homelessness is a statewide problem that
disproportionately 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 homeless in their
communities, including resources for regional
collaborations.

Homeless housing is an issue that eludes
a statewide, one-size-fits-all solution, and
CAL CITIES • www.calcities.org I 49

SUMMARY OF EXISTING POLICY AND GUIDI NO PRINCIPLES
collaboration between local jurisdictions should be
encouraged.

State and federal funding programs should be
designed to reflect responsibilities imposed by
state and federal law.

Military Base Closure and Reuse
Base Closures and Reuse
Cal Cities supports local decision-making over
military base closure and reuse. The affected cities
independently or sub-regionally should work
together toward efficient reuse planning.

Economic Reuse
Cal Cities supports incentives for broad economic
reuse of closed military facilities. Cities should
work on a regional and interstate basis to maintain
economic productivity. Economic reuse includes
both reuse of military facilities and the retooling of
related industries to continue to provide jobs for
residents of California's cities.

Mobile Home Regulation
Cal Cities supports initiatives that maintain cities
as the enforcement authority for mobile home
regulation.

Cal Cities supports the preservation of existing
mobile home parks as an important source of
affordable housing.

Sign !Regulation
Cal Cities supports the authority of cities to
regulate billboards and other signage. Cal Cities
opposes mandatory local abatement programs.

Principles for Smart Growth
Well-Planned New Growth
Recognize and preserve open space, watersheds,
environmental habitats, and agricultural lands,
while accommodating new growth in compact
forms, in a manner that:
50 CAL CITIES • www.calcities.org
11 De-emphasizes automobile dependency;
11 Integrates the new growth into existing
communities;
11 Creates a diversity of affordable housing near
employment centers; and
11 Provides job opportunities for people of all
ages and income levels.

Maximize Existing Infrastructure
Accommodate additional growth by first focusing
on the use and reuse of existing urbanized 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 centers and existing transportation corridors
by supporting and encouraging:
11 Mixed-use development;
11 Housing opportunities for all income levels;
11 Safe, reliable, and efficient multi-modal
transportation systems; and
11 Retaining existing businesses and promoting
new business opportunities that produce
quality local jobs.

Coordinated Planning for Regional Impacts
Coordinate planning with neighboring cities,
counties, and other governmental entities so that
there are agreed upon regional strategies and
policies for dealing with the regional impacts of
growth on transportation, housing, schools, air,
water, wastewater, solid waste, natural resources,
agricultural lands, and open space.

HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
Support High-Quality Education and School
Facilities
Develop and maintain high-quality public
education and neighborhood-accessible school
facilities as a critical determinant in:
11 Making communities attractive to families;
11 Maintaining a desirable and livable community;
11 Promoting life-long learning opportunities;
11 Enhancing economic development; and
11 Providing a work-force qualified to meet the
full range of job skills required in the future
economy.

Build Strong Communities
Support and embrace the development of
strong families and socially and ethnically diverse
communities, by:
11 Working to provide a balance of jobs and
housing within the community;
11 Avoiding the displacement of existing
residents;
11 Reducing commute times;
11 Promoting community involvement;
11 Enhancing public safety; and
11 Providing and supporting educational,
mentoring, and recreational opportunities.

Emphasize Joint Use of Facilities
Emphasize the joint use of existing compatible
public facilities operated by cities, schools,
counties, and state agencies, and take advantage
of opportunities to form partnerships with private
businesses and nonprofit agencies to maximize
the community benefit of existing public and
private facilities.

Support Entrepreneurial/Creative Efforts
Support local economic development efforts and
endeavors to create new products, services, and
businesses that will expand the wealth and job
opportunities for all social and economic levels.

Encourage Full Community Participation
Foster an open and inclusive community dialogue
and promote alliances and partnerships to meet
community needs.

Establish a Secure Local Revenue Base
Support the establishment of a secure, balanced,
and discretionary local revenue base necessary
to provide the full range of needed services and
quality land use decisions.

Residential Insurance Policy
Cal Cities believes homeowners should be insured
for the value of rebuilding a home to current
building standards. Cal Cities supports measures
to increase transparency in insurance policies so
that homeowners can make informed decisions.

Cal Cities believes residents who have experienced
a wildfire or other natural disaster are entitled
to fair residential property insurance practices
that provide flexibility to rebuild, including that
insured property owners should not lose insurance
coverage during the rebuilding effort.

Cal Cities also believes residential property
insurance policies should not be canceled based
on weather-related claims or immediately
following a disaster.

Note: Ca/ Cities will review new legislation to determine how it relates to existing Cal Cities policies and guiding principles. In addition, because this document is updated every two years to include policies and guiding principles adopted by Cal Cities during the previous two years, there may be new; evolving policies under consideration or adopted by Cal Cities that are not reflected in the current version of this document. However, all policies adopted by 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."
CAL CITIES • www.calcities.org I 51

SUMMARY OF EXISTINO POLICY AND OUIDINO 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
Fi re Services
Cal Cities supports the fire service mission of
saving lives and protecting property through fire
prevention, disaster preparedness, hazardousmaterials mitigation, specialized rescue, etc., as well as cities' authority and discretion to provide all emergency services to their communities.

Cal Cities supports and strives to ensure local
control of emergency medical services by
authorizing cities and fire districts to prescribe and
monitor the manner and scope of pre-hospital
emergency medical services, including transport
through ambulance services, all provided within
local boundaries for the purpose of improving the
level of pre-hospital emergency medical service.

Cal Cities supports legislation to provide a
framework for a solution to long-standing conflict
between cities, counties, the fire service, and
LEMSA's, particularly by local advisory committees
to review and approve the EMS plan and to
serve as an appeals body. Conflicts over EMS
governance may be resolved if stakeholders are
able to participate in EMS system design and
evaluation and if complainants are given a fair and
open hearing.
52 I CAL CITIES • www.calcities.org
Cal Cities supports stored pressure dry chemical
fire extinguishers to be serviced and recharged
every six years or after each use, whichever occurs
first. Additionally, Cal Cities supports requiring a
licensed technician to perform the annual external
maintenance examination of stored pressure dry
chemical fire extinguishers.

Cal Cities opposes legislation, regulations, and
standards that impose minimum staffing and
response time standards for city fire and EMS
services since such determinations should reflect
the conditions and priorities of individual cities.

Cal Cities supports Emergency 911 systems to
ensure cities and counties are represented on
decisions affecting emergency response.

Cal Cities supports additional funding for local
agencies to recoup the costs associated with fire
safety in the community and timely mutual aid
reimbursement for disaster response services in
other jurisdictions.

Cal Cities supports incentives for homeowners
who undertake measures to "harden their homes."
Emergency Services and Preparedness
Cal Cities supports the 2-1-1 California telephone
service as a non-emergency, human and
community services and disaster information
resource.

Cal Cities supports "Good Samaritan" protections
that include both medical and non-medical care
when applicable to volunteer emergency, law
enforcement, and disaster recovery personnel. Cal
Cities also supports providing "Good Samaritan"
protections to businesses that voluntarily place
automated external defibrillators (AEDs) on their
premises to reduce barriers to AED accessibility.

Emergency Communications Interoperability:

Cal Cities supports activities to develop and
implement statewide-integrated public
safety communication systems that facilitate
interoperability and other shared uses of public
safety spectrum with local, state, and federal law
enforcement, fire, emergency medical, and other
public safety agencies.

Cal Cities supports a single, efficient, performancebased state department to be responsible for overseeing and coordinating emergency
preparedness, response, recovery, and homeland
security activities.

Cal Cities supports efforts to secure additional
funding for local agencies to provide training
opportunities for appropriate first responder
personnel to improve their ability to respond to
oil spills, fires, and other hazardous materials
accidents.

Cal Cities supports legislation and additional
state and federal regulation crafted to ensure
that first responders can perform their duties
during emergency response operations without
interference from unmanned aerial systems, or
drones.

Cal Cities supports the authorization of cities to
approve and develop Community Paramedicine or
Triage to Alternate Destination programs for their
jurisdictions.

Cal Cities opposes policies that limit cities' ability to privately contract for emergency medical services.

PUBLIC SAFETY
Cal Cities supports the promotion of public safety
through:
111 Stiffer penalties for violent offenders, and
111 Protecting state Citizens' Option for Public
Safety (COPS) and federal Community Oriented
Police Services (COPS} funding and advocating
for additional funding for local agencies
to recoup the costs of crime and increase
community safety.

Cal Cities opposes booking fees and continues
to seek their repeal, while encouraging localities
to pursue resolution of the issues with their
respective counties.

Cal Cities supports a local government's ability to
double the fine for traffic violations in school zones
in an attempt to reduce the speed of drivers and
protect our youth.

Cal Cities supports reimbursement by the federal
government to local agencies, specifically cities, for
the costs associated with incarcerating deportable
criminals, 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 restrictions 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 Cities supports parolee search and seizure
terms, which aids local law enforcement's ability to
manage paroled offenders.

Cal Cities supports increased penalties for metal
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 collection of thumbprints from sellers.

CAL CITIES • www.calcities.org I 53

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Cal Cities supports accountability on the part
of law enforcement agencies concerning police
surveillance technology and policies, as well as
related oversight by local governing bodies, but
also strongly supports limits on disclosure of the
full capabilities of such technology to the general
public where such disclosure would compromise
the effectiveness of the technology's law
enforcement applications.

Cal Cities supports policies that require
state government entities to notify local law
enforcement about known individuals that are
prohibited from owning or possessing a firearm.

Cal Cities supports policies that authorize law
enforcement officers to administer opioid
antagonist medications.

Cal Cities opposes policies that restrict law
enforcement agencies from utilizing surveillance
technology that would otherwise enhance their
ability to prevent criminal activity.

In addition to the mental health screening
provided by local hiring entities, Cal Cities supports
resources and education to support the mental
health needs of local public safety personnel.

Cal Cities recognizes the need to establish a peace
officer decertification process through POST.

Cal Cities supports the use of local, state, and
federal collaborative prevention and intervention
methods to reduce youth and gang violence.

Mental Health/Substance Use Disorder
Cal Cities supports the promulgation of policies
and the use of resources to increase collaboration
between first responders and health agencies
for incidents involving people living with mental
illness or experiencing substance use disorders.

Cal Cities supports additional funding and
resources to address the substance use crisis
through appropriate prevention and intervention
efforts, educational awareness campaigns, and
54 CAL CITIES • www.calcities.org
increased access to life-saving overdose treatment
aids such as naloxone.

Cal Cities supports resources for increased training
and education for first responders to serve
people living with mental illness or experiencing
substance use disorders, as well as increased
multidisciplinary collaboration.

Cal Cities supports transparency relating to
sustained findings of officer misconduct.

Cal Cities supports transparency and oversight
relating to criminal investigations of officer
misconduct.

Cal Cities supports the completion and disclosure
of findings relating to officer misconduct despite
their voluntary separation from the employing
agency.

Police Use of Force
Cal Cities supports transparency on the part of law
enforcement agencies regarding agencies' policies
on the use of force.

Cal Cities supports the establishment of minimum
state standards on use of force that must be
included in all California law enforcement
agencies' use of force policies.

Cal Cities supports basic training requirements
and guidelines for agencies and law enforcement
officers on use of force, including, but not limited
to training on the legal standards for use of force,
one's duty to intercede, implicit and explicit bias
and alternatives to the use of deadly force.

Cal Cities opposes modifications to the legal
standard on use of force; to the extent, such
proposed changes elevate the safety risk to law
enforcement officers. Specific proposals in this
area should be carefully reviewed so that the
impacts of any changes are fully understood.

Cal Cities opposes the limitation of law
enforcement discretion to utilize less-lethal tools
for dispersing unruly or unlawful crowds.

Drones
Cal Cities supports policies that allow cities to
impose reasonable time, place, and manner
restrictions on the operation of drones in their
jurisdictions.

Cal Cities supports policies that authorize local law
enforcement to enforce state and local drone laws.

Cal Cities supports policies that promote the
availability of information on state and local
drone laws so that operators are aware of and
accountable to local rules.

Cal Cities supports local agencies' ability to enact
and enforce rules of general applicability, such
as trespass, nuisance, 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 details
of drones operating in a given area.

Cal Cities opposes state legislation or regulations
that outright bans drones.

Cal Cities supports the establishment of
governmental 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 their
own risk.

Fireworks
Cal Cities supports increased resources for local
enforcement of illegal fireworks and aggressive
interdiction efforts in collaboration with state
agencies.

Wildland Urban Interface
Cal Cities supports activities to cooperate,
coordinate, and communicate in the development
of better land use policies and wild land fuel
management programs to decrease impacts to

PUBLIC SAFETY
public health and safety resulting from wild land
urban interface fires.

Nuisance Abatement
Cal Cities supports enhanced local control over
public nuisances including, but not limited to:
11 Adult entertainment facilities;
11 Problem alcohol establishments; and
11 Properties where illegal drugs are sold.

Indian Gaming
Cal Cities supports the following principles that
are intended to balance tribal self-reliance with
the local government mandate to protect public
health and safety.
11 Require an Indian Tribe that plans to construct
or expand a casino or other related businesses
to seek review and approval of the local
jurisdiction for such improvements consistent
with state law and local ordinances including
the California Environmental Quality Act,
with the Tribal government acting as the
lead agency and with judicial review in the
California courts.
11 Require mitigation of off-reservation impacts
consistent with environmental protection laws
that are at least as stringent as those of the
surrounding local community and CEQA.
11 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.
11 Require adequate compensation from the
tribes to the local agency providing the
government services that are required by the
tribal casino or related businesses.
11 Ensure compensation to local agencies
from the Special Distribution Fund for offreservation mitigation coupled with other sources to ensure adequate compensation.

CAL CITIES • www.calcities.org I 55

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
11 Require a judicially 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.
11 The Governor should establish and follow
appropriate criteria to guide discretion of
the Governor and the Legislature when
considering whether to consent to tribal
gaming on lands acquired in trust after
October 17, 1988 and governed by the Indian
Gaming Regulatory 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 effective tool to enhance
related local revenue streams. Cal Cities opposes
as a restriction on those same revenue streams
measures that would further restrict such local
control, including, but not limited to, the extension
of existing statewide gaming moratoriums.

Alcohol
Cal Cities supports policies that limit the ability
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 full reimbursement to all local agencies.

Cal Cities supports local policies that hold social
hosts responsible for underage drinking that
occurs on property under their possession, control,
or authority.

Cal Cities supports additional penalties for repeat
driving under the influence (DUI) offenders
that include, but are not limited to, permanent
revocation of an individual's driver's license.

Cal Cities supports legislation and other
regulations intended to improve local
56 I CAL CITIES • www.calcities.org
governments' enforcement capability 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 approval.

Cal Cities supports the sale of alcoholic 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 vital interest the
maintenance of local control over medical and
adult-use cannabis businesses and supports
measures that enhance and protect maximum
local regulatory, land use, and enforcement
authority in relation to such businesses.

Reaffirming that local control is paramount, Cal
Cities holds that 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 financial
benefits from creating a statewide tax structure on
medical cannabis should be considered only after
the public safety and health ramifications are fully
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 unlawful medical cannabis
businesses and other access points acting outside
state or local regulation.

Cal Cities supports cannabis regulation only to
the degree that any such regulatory structure
preserves and upholds local control and the police
power of local governments pursuant to Article XI,
Section 7 of the California Constitution.

Cal Cities opposes policies that prohibit local
law enforcement from cooperating with federal
authorities on investigations into matters involving
violations or other criminal activity by cannabis
licensees, including, but not limited to, money
laundering, sales to minors and diversion.

Graffiti
Cal Cities endorses the "Tag You Lose" antigraffiti campaign and encourages other cities to implement this program into their existing antigraffiti programs.

Cal Cities supports increased authority and
resources devoted to cities for abatement of
graffiti and other acts of public vandalism.

Sex Offender Management
Cal Cities supports policies that will 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 full
reimbursement to all local agencies.

Corrections
Cal Cities supports constitutional protections for
state-funded corrections realignment programs,
so long as it includes funding for local police
department needs. Cal Cities also supports
increasing city representation and participation in
the Community Corrections Partnerships, wh are
charged with developing local corrections plans.

Firearms
Cal Cities recognizes that mental illness and
firearms form a dangerous combination that
threatens public safety. Consequently, Cal Cities
supports policies that restrict persons with mental
health disorders from possessing or owning a
firearm. Cal Cities supports policies that ultimately
allow such persons to petition for retrieval of their
firearms.

PUBLIC SAFETY
Cal Cities supports local law enforcement agencies
retaining the discretion to issue a concealed carry
weapon permit, and thereby opposes policies that
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 regulate needle and syringe accessibility and
exchange programs.

Cal Cities asks any company manufacturing or
marketing or planning to manufacture or market
colored-tread tires in California to voluntarily
abandon such a product line and thereby prevent
the public safety, environmental and social
problems these tires can potentially cause.

Cal Cities warns those individuals who advocate
or perpetrate hate, not to test the cities' resolve
to oppose them as each city is encouraged to
vigorously pursue a course of investigation,
apprehension, prosecution, conviction, and
incarceration of all those who participate in hate
crimes.

Note: Ca/ Cities will review new legislation to determine how it re/ates 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."
CAL CITIES • www.calcities.org I 57

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES

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 recommendations is the
underlying principle that meaningful fiscal
reform should allow each level of government to
adequately finance its service responsibilities, with
each being accountable to taxpayers for its own
programs.

Efficiency
Cities and Cal Cities should continue to emphasize
efficiency and effectiveness, encouraging, and
assisting cities to achieve the best possible use of
city resources.

Authority and Accountability
Cities must locally achieve political authority
and accountability for revenues raised and
services provided. For accountability, revenues
should be logically linked to traditional and
emerging responsibilities. Cities must effectively
communicate the good news about city programs
and operations, as well as information concerning
financial conditions and city responsibilities.
58 CAL CITIES • www.calcities.org
Alliances
Cities should seek alliances with counties,
schools, other cities, employee organizations,
other local agencies, business, and professional
organizations, and nonprofit organizations to
support cooperation, sound financial policies, and
joint action.

Initiative
Cities and Cal Cities are prepared to use the
statewide initiative process, if necessary, to
secure fiscal independence and a sound
intergovernmental financial structure. Initiative
efforts should, to the extent feasible, incorporate
and, in no case violate, the principles developed by
the Fiscal Reform Task Force as follows:
11 Cities require a greater share of the property
tax and other reliable, discretionary revenues in
order to finance local services to property.
11 Cities require constitutional protection of their
revenue sources in order to provide insurance
against diversion by the state of these revenues
in the future for non-municipal purposes.
11 Major reforms in the unfunded mandate
reimbursement process should be enacted to
make it more workable and meaningful.

Legislature or the Voters
Local Authority and Accountability
To preserve local authority and accountability for
cities, state policies must:
11 Ensure the integrity of existing city revenue
sources for all cities, including the city share
and situs allocation, where applicable, of
property tax, sales tax, vehicle license fees, etc.
11 Ensure the integrity of city revenue sources by
providing fraud deterrence and enforcement
tools that improve the collection of public funds.
11 Protect the authority of local governments to
collect revenues from telecommunications
providers and ensure that any future changes
are revenue neutral for local governments.
11 Oppose any state or federal legislation that
would pre-empt or threaten local taxation
authority including, but not limited to, Utility
User's Taxes.
11 Allow every level of government to enjoy
budgetary independence from programs and
costs imposed by other levels of government.
11 Authorize a simple majority of the voters in
a city or county to establish local priorities,
including the right to increase taxes or issue
general obligation bonds.
11 Offer incentives to reward cities achieving
program goals, rather than withhold 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 fiscal crises, the state
should implement fiscal and legislative reforms
which may include for consideration the following:
11 A two-year spending plan with the first session
focused on expenditures over the period.
11 Oversight hearings that review programs for
savings, duplication, or gaps in services.
11 Limits on the number of bills that legislators
may introduce.

REVENUE AND TAXATION
11 A prudent reserve fund.
11 Official records kept of all Assembly and Senate
official meetings.
11 A balanced deficit reduction approach, which
could include temporary revenue increases
dedicated solely to retiring short-term debt,
spending cuts, short-term borrowing and
multi-year spending limitations.
11 Long-term restructuring measures, including
increased local government property tax
shares to create balanced growth and separate
budget detail of all state expenditures at the
local level.

State Mandates
The state must provide full and prompt
reimbursement to all local agencies for all statemandated programs and/or infractions and losses associated with local revenue shifts.

Local agencies must be authorized to petition
the Commission on State Mandates immediately
after legislation is chaptered for determination of
eligibility for reimbursement and reserve the right
to directly pursue court intervention without an
administrative appeals process.

Reforms are needed in the mandate approval and
reimbursement process.

The state should be prohibited from deferring
mandate payments.

Unless specifically requested by a city, no new
duties, responsibilities, or obligations should be
assigned to a city or cities under state realignment.

Additional Revenue
Additional revenue is required in the state/local
revenue structure. There is not enough money
generated by the current system or allocated
to the local level by the current system to meet
the requirements of a growing population and
deteriorating services and facilities.

When disasters or emergencies occur statewide or
in various areas of the state, state government has
CAL CITIES • www.calcities.org I 59

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
traditionally stepped in to assist with recovery efforts through various means, including the passage
of legislation to provide income and property tax
relief to affected individuals and businesses, and
reimbursing local governments for their losses.

Cal Cities supports disaster recovery legislation
that includes mitigation for losses experienced
by local governments. Cal Cities supports this
aid being allocated to cities through a process
that objectively accounts for the impacts that a
disaster or emergency has had on a city's residents,
infrastructure, economy, and revenues. In the event
that aid is provided solely on a per-capita basis, Cal
Cities support that it be done equally per resident.

Cal Cities also supports establishing a federal 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 natural catastrophes.

Cal Cities supports legislation that would make
adjustments to the vehicle license fee-property
tax swap of 2004 to ensure that the formula
appropriately accounts for city incorporations and
annexations of inhabited territory.

Cal Cities supports legislation that would bolster
existing local efforts to enforce local ordinances
and revenue collection associated with short-term
rentals. Legislation must protect local transient
occupancy tax collection authority, tax rates, and
enforcement authority associated with short-term
rentals.

Reduce Competition
Revenue from new regional or state taxes or from
increased sales tax rates should be distributed in
a way that reduces competition for situs-based
revenue. (Revenue from the existing sales tax rate
and base, including future growth from increased
sales or the opening of new retail centers, should
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.
60 CAL CITIES • www.calcities.org
The equitable allocation of remote revenues
from e-commerce recognizes both sides of the
transaction and their contribution to sales tax
generation. Allocation of the Bradley Burns 1% local
sales tax revenue from in-state on line purchases
should proportionately benefit those communities
that provide the infrastructure and incentives
that facilitate the transaction and delivery of
those goods and those communities that are the
destinations for the goods. The regional impacts
to infrastructure, land use, environmental quality,
and public health stemming from e-commerce as
well as the financial dependence of communities
on the resulting revenues must be recognized.

Changes to consumer behavior, which consists of
more online shopping, must also be considered as
to the fiscal sustainability of all cities.

City officials should account for these factors in
the evolving marketplace and continuously strive
for prospective fair and equitable revenue sharing
based on data, as available. City officials should
also employ their best judgement to support
policies that benefit the sustainability of all cities.

Restrictions should be implemented and enforced
to prohibit the enactment of agreements designed
to circumvent the principle of situs-based sales
and redirect or divert sales tax revenues from
other communities when the physical location of
the affected businesses does not change.

Sales tax rebate agreements involving online
retailers can be inappropriate because they may
have the effect of encouraging revenue to be
shifted away from numerous communities and
concentrated to the benefit of one.

Prospectively, sales tax rebate agreements shall
be no longer than 20 years, and shall not rebate
more than 50% of the sales tax generated by
the private business. Existing sales tax rebate
agreements shall not have the ability to be
renewed in perpetuity (i.e., term extensions that
would be a loophole to avoid new requirements
are prohibited). Additionally, the California
Department of Tax and Fee Administration shall
exclude from the county pool calculations of the
local Bradley Burns 7% sales and use tax the sales
tax gained from a sales tax sharing agreement
that is rebated to a private business.

There shall be a statewide database and dashboard
of all Economic Development Subsidy Reports
(such as sales tax rebate agreements) on a website.

Funding for Counties
Counties require additional funding if they are to
fulfill their state-mandated and traditional roles.

As legal agents of the state, county expenditures in
that capacity should be funded by the state. Their
local programs should be financed locally.

The concept of "self-help" for counties should be
expanded. An example might be that counties
could receive certain state funding if they raise a
specified level of revenue locally.

To alleviate competition among cities
and counties, funding for counties should
be accompanied by agreements on new
development in undeveloped areas within the
cities' sphere of influence.

Regional Revenues
Local government issues, programs, and services
do not always recognize local government
jurisdictional boundaries. In cases where regional
issues, programs, and services are identified, multijurisdictional 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 regional cooperation on common
interests and goals by providing access to share
incremental growth in ERAF property tax.

Revenue Modernization
Property Tax
Cal Cities supports legislation which would
clarify and improve the definition of "change of

REVENUE AND TAXATION
ownership" for property tax reassessment purposes
to include when more than 90% of direct or indirect
ownership interests in a legal entity are cumulatively
transferred in one or more transactions. Such
changes would reduce the use of complicated
strategies employed to evade reassessment of
property upon changes of ownership.

Sales Tax
11 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 commonly taxed
in other states. Specific proposals in these
areas should be carefully reviewed so that the
impacts of any changes are fully understood.
11 Sales Tax Sourcing Rules: Support as Cal
Cities policy that point of sale (situs) is where
the customer receives the product. Specific
proposals in this area should be carefully
reviewed so that the impacts of any changes
are fully understood.

Cal Cities supports as policy allowing more
direct reporting of use taxes related to
construction projects to the jurisdiction where
the construction activity is located by reducing
existing regulatory threshold from $5 million to
$7,000,000.

Additionally, contractors should be required,
rather than optionally permitted, to submit
appropriate documentation for direct allocation
of sales and use tax revenue to the location of
the construction jobsite.

Cal Cities supports as policy requiring retailers
to report the local use tax for transactions of
$700,000 or more to the participating jurisdiction
where the first functional use is made.

CAL CITIES • www.calcities.org I 61

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
m 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 where the purchase or first
use of a product occurs (usually where the
product is delivered). Use Tax collections from
online 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.

Ill! 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.
111 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.

There are more questions than answers for
California cities about potential state participation
in the SSUTA. The SSUTA offers many more risks
for California cities than benefits. Thus, Cal Cities
should:
1111 Continue to monitor developments of the
SSUTA and related federal legislations, but
not support any additional efforts that would
lead to California joining the agreement. This
position can always be revisited at a future
point if events change.
11 Strongly oppose any federal effort that
attempts to force California to conform to
the Agreement, or amendments to federal
legislation that would directly undermine
California's utility user tax structure.
111 Work with the California Department of Tax
and Fee Administration and other parties on
62 CAL CITIES • www.calcities.org
alternative efforts to increase the collection
of use taxes within California. Share Cal Cities
analysis of the SSUTA with interested parties,
exchange information on use tax collection
issues with municipal Leagues in other states,
including those states with tax structures
similar to California.

Cal Cities supports federal legislation that would
require the collection of use tax from internet or
"remote sales" that meets the following conditions:
111 Is limited to the collection of sales and use taxes. 111 Does not require states to participate in the
SSUTA.
111 Requires remote sellers to collect the full
destination rate (combination of state and local
rate at location the product will be delivered).
111 Exempts intrastate (non-remote sales within
California) from the destination rule.
111 Provides sufficient flexibility to accommodate
California's tax structure. (There are instances
where the state, for policy reasons, has opted
not to collect the state's share of sales taxes on
an item, but the local rates on those items are
still collected).

State regulatory actions and possible legislation
may be needed to address issues raised by the
collection of new revenue from remote sales.

Implementation by the California Department
of Tax and Fee Administration would likely
require appropriate software for remote sellers to
implement 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."

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 dedicated for
transportation purposes only and opposes any
efforts to reduce or eliminate transportation
funding for local government.

Cal Cities supports protecting the additional
funding for local transportation and other
critical unmet infrastructure needs. One of Cal
Cities' priorities is to protect the consistent and
continuous appropriation of new monies from
various sources directly to cities and counties for
the preservation, maintenance, and rehabilitation
of the local street and road system. New and
additional revenues should continue to meet the
following policies:
11 System Preservation and Maintenance.

Given the substantial needs for all modes of
transportation, a significant portion of new
revenues should continue to focus on system
preservation. Once the system has been
brought to a state of good repair, revenues for
maintenance of the system would be reduced
to a level that enables sufficient recurring
ma i ntena nee.
11 Commitment to Efficiency. Priority should
continue to be used to improve current
systems. Recipients of revenues should
incorporate operational improvements and
new technology in projects.
11 All Users Based System. New revenues
should continue to be borne by all users of the
system from the traditional personal vehicle
that relies solely on gasoline, hybrid, or electric
technology, to commercial vehicles moving
goods in the state, and even transit, bicyclists,
and pedestrians who also benefit from the use
of an integrated transportation network.
11 Alternative Funding Mechanisms. Given
that new technologies continue to improve
the efficiency of many types of transportation
methods, transportation stakeholders
must be open to new alternative funding
mechanisms. Further, the goal of reducing
greenhouse gases is also expected to affect
vehicle miles traveled, thus further reduce
gasoline consumption and revenue from the
CAL CITIES • www.calcities.org I 63

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
existing gas tax. The existing user-based tax is
an unsustainable revenue source. Collectively,
we must have the political will to consider
alternate transportation revenue streams that
will provide reliable and sustainable revenues
for local transportation projects.
111 Unified Statewide Solution. For statewide
revenues, all transportation stakeholders
must stand united in the protection of new
revenues. Any new statewide revenues should
address the needs of the entire statewide
transportation network, focused in areas where
there is defensible and documented need.
111 Equity. New revenues should continue to be
distributed in an equitable manner, benefiting
both the north and south and urban, suburban,
and rural areas as well as being equally split
between state and local projects.
111 Flexibility. Needs vary from region to region
and city to city. Local governments should
continue to have needed flexibility for new
revenues and revenue authority to provide the
appropriate level programs and activities that
constituents rely on.
111 Accountability. All tax dollars must be spent
properly, and recipients of new revenues must
be held accountable to the taxpayers, whether
at the state or local level.
111 Education. Through the City and County
Pavement Improvement Center (CCPIC),
educational opportunities to provide additional
research and development, guidance,
specifications, tools, and training in pavement
management and engineering must be made
available to local governments to help ensure
local streets and roads last longer, cost less,
and are more sustainable.

Cal Cities supports a permanent shift of the sales
tax on gasoline for transportation purposes and
an allocation formula equivalent to 40/40/20
split of 40% to cities and counties, 40% to State
Transportation Improvement Program ("STIP"),
and 20% to transit.
64 CAL CITIES • www.calcities.org
Cal Cities supports enhanced autonomy for local
transportation decision-making and pursues
transportation policy changes that move more
dollars and decisions to local policy leaders. Cal
Cities supports policies to ensure transportation
investments are being used for transportation
purposes. Cal Cities will seek the maximum
share of available funding for local transportation
programs. Cal Cities supports implementation of
federal transportation funding re-authorization
legislation in a manner that supports these
principles.

Cal Cities supports the preservation and expansion
of transportation grant funding opportunities to
help incorporate new transportation technologies
and practices into local transportation networks,
such as active transportation grant funding and
transportation innovation grant funding.

Cal Cities opposes any state actions that would
result in a reduction of revenues for local
governments from the Highway Users Tax
Account and/or the Road Maintenance and
Rehabilitation Program. Cal Cities supports a
requirement for the state to consult with Cal
Cities of any transportation policy changes to help
ensure such strategies include funding equal
to or greater than what cities already receive to
maintain, operate, and rehabilitate their existing
streets and roads network.

Cal Cities supports the ongoing study of the Road
Charge and any other alternative to the gas tax to
sustainably fund transportation infrastructure.

Cal Cities supports efforts that streamline funding
processes between the state, federal, and local
governments that help reduce the amount of
time and resources it takes to fund and complete
transportation projects, such as NEPA delegation
and the Match-Exchange Program.

Cal Cities opposes conditioning a city's share of
transportation funding on housing-related goals,
such as planning and production, instead favoring

TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
comprehensive housing solutions for housing
problems.

Cal Cities supports bicycle and pedestrian access
with maximum local flexibility to prioritize this
transportation need, as long as funding is available
directly for it and other transportation priorities
do not negatively affect transportation funding.

Cal Cities opposes any mandatory set-asides or
prioritization for bicycle and pedestrian access
on the state or local system using state or local
maintenance and/or rehabilitation funding.

Cal Cities opposes requiring a city or parking
processing agency to automatically cancel
notices of parking violations, prior to a request
f ram a vehicle owner, if the violation does
not substantially match the corresponding
information on the vehicle registration.

Cal Cities opposes efforts that limit the ability
for cities to remove or immobilize vehicles that
chronically ignore moving and/or parking violations
and/or are operating unlawfully on public roads.

Cal Cities supports the visionary effort of the HighSpeed Rail project and supports the involvement of local officials in the project planning and
implementation. However, Cal Cities opposes
efforts to exempt the High-Speed Rail project from
the California Environmental Quality Act (CEQA)
and any other effort that would eliminate an
opportunity for local input. Cal Cities also supports
efforts to reaffirm voter support of the project,
including voter reconsideration for the bond.

Cal Cities supports the development of best
practices and funding to support 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 with cities
actively engaged in their region for appropriate
goods movement decision.

Cal Cities supports efforts to improve the
California Public Utilities Commission's (CPUC)
ability to respond to and investigate significant
transportation accidents in a transparent and
timely manner to improve rail shipment, railroad,
aviation, marine, highway, safe autonomous
vehicle activities, and pipeline safety.

Cal Cities supports efforts to expand the Caltrans
Business Logo Program, including the accurate
deployment of Electric Vehicle Charging Station
("EVCS") charging signage.

Cal Cities opposes policies that undermine local
decision making in the permitting process of
refueling zero emission vehicles, including EVCS in
the public right of way.

Cal Cities supports having a balanced regulatory
framework over both the taxi, autonomous vehicle
and transportation network companies ("TNC")
industries and encourages the CPUC to include
biometric identification data from TNC drivers and
to have TNC companies conduct vehicle safety
inspections and a policy where both industries
where they are regulated by the state's CPUC,
while giving cities the ability to regulate both
industries when any given city finds that state
regulation is insufficient for their community.

Cal Cities supports the Full Funding Grant
Agreement (FFGA) process for the Federal Transit
Administration's (FTA) Capital Investment Grant
(CIG) program.

Public Works
Cal Cities supports retaining maximum flexibility
for timely and cost-effective completion of public
works projects. Cal Cities supports innovative
strategies, including public-private partnerships at
the state and local levels to enhance public works
funding.

Cal Cities supports efforts to divert products that
contribute to decreased capacity and increased
maintenance costs at wastewater treatment
facilities.

Cal Cities encourages the state to adopt maximum
response time for all necessary state reports,
including Project Study Reports, to allow for a
CAL CITIES • www.calcities.org I 65

SUMMARY OF EXISTING POLICY AND OUIDINO PRINCIPLES
timely and cost-effective completion of public
works projects. Cal Cities supports the certification
of private firms to complete reports when state
staff is unavailable.

Cal Cities supports expedited permitting when the
work is necessary to ensure the integrity of gas
pipelines, provided that local permitting and plan
review requirements are met.

Cal Cities opposes efforts to alter the way
that Caltrans prioritizes its litter cleanup and
abatement program to just the segments of
highway that receive the highest number of
complaints.

Cal Cities supports improving the state's seismic
readiness and resiliency, including tax credits for
retrofitting seismically vulnerable buildings and
the state conducting its own survey of buildings
that are potentially vulnerable in seismic-prone
regions of the state. Cal Cities opposes any efforts
to impose such a mandate on local governments.

Cal Cities supports the inclusion of wildfire
mitigation as an eligible project to receive the
California Public Utilities Commission's Rule 20
funds and efforts to expand funding for Rule 20.

Micromobility
Cal Cities supports efforts that promote safety and
reassert local authority when regulating emerging
transportation technologies, such as e-scooters
and e-bicycles, and opposes efforts to limit this
authority and the city's access to meaningful
data from companies operating within their
jurisdiction.

Vehicles
Cal Cities supports requiring at least one person
for any autonomous heavy-duty vehicle or
autonomous transit vehicles during the early
stages of autonomous vehicle deployment.

Cal Cities opposes all efforts that allow vehicles
and vehicle operators on the road that will
jeopardize the integrity of the public infrastructure
66 I CAL CITIES • www.calcities.org
or the health and safety of the motoring public.

Cal Cities supports all efforts to retain maximum
control of the local street and road system. Cal
Cities supports traffic safety enhancements such
as motorcycle helmets, child restraints, seat belts,
and speed limit laws.

Cal Cities opposes any efforts to increase truck
size or weight. The size and weight of trucks are
important because the affect the stability and
control of the truck, the way it interacts with
other traffic, and the impact it has when colliding
with other vehicles. Truck safety is particularly
important because these vehicles share city streets
and county roads with users - such as, motorists,
pedestrians, cyclists, motorcyclists, and bus riders.

Cal Cities encourages cities to promote safe driving
across California and the education of the general
public about the dangers of texting while driving.

Cal Cities supports a requirement that all state
rulemaking bodies consider the following factors
for any proposed rule impacting vehicles: the
weight added to any vehicle; the effect any added
weight would have on pavement wear; and the
resulting costs to state and local governments.

Cal Cities supports efforts to protect consumers
from unscrupulous tow trucker companies and
operators.

Cal Cities holds that increasing vehicle fines do
not improve safety around school zones and
encourages other efforts, such as increased police
presence and additional crossing guards, as better
solutions to safety issues in school zones.

Cal Cities supports legislation that authorizes
the testing or conducting of pilot projects for
autonomous vehicles in a safe manner.

Cal Cities supports policies that require local
decision making in the authorization and oversight
of autonomous vehicle operations.

Cal Cities supports policies that allows cities and
ticketing authorities to ticket/cite autonomous
vehicles.

TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
Cal Cities support policies that promote safer
environments for the operation of autonomous
vehicles and allow first responders and local law
enforcement the ability to interrupt and redirect
wayward autonomous vehicles.

Contracts
Cal Cities supports maintaining maximum local
flexibility in the area of contracting and contract
negotiations. Cal Cities supports changes to law
that allow cities options to use design-build and
progressive design build delivery methods and
contracting and other innovative delivery methods
to bring efficiency to public contracting. Cal Cities
also supports contracting out with private entities to
increase project delivery efficiency and affordability.

Cal Cities opposes efforts to shift additional legal
costs and liability away from design professionals
and contractors to local governments.

Telecommunications
Cal Cities supports a state tax levied on direct
broadcast satellite television service providers if the proceeds are distributed to support local public
safety programs consistent with a geographic
distribution methodology that reflects households
using this service and provided that the tax is
repealed should the revenues be diverted by the
state for another purpose.

Traditional franchising at the local level has
served the valuable purpose of tailoring service to
unique local conditions and needs and assuring
responsiveness of providers to consumers. The
continued involvement of local government in any
new state or federal regulatory scheme by way
of locally negotiated agreements is an essential
component of telecommunications regulations;
best serves the needs of consumers and is
consistent with the goal of providing consumers
greater choice in telecommunications options.

Any new state or federal standards must conform
to the following principles:

Net Neutrality
■ Access to fast, reliable, and high-quality
internet is essential for the success of our
collective communities.
■ Reliable communications and data networks
for essential services, such as police and fire,
are necessary, especially during times of
emergency.
■ Communications and data networks are
increasingly important for the relationship
between local government and its residents
and businesses.
■ Net neutrality prevents internet service
providers from blocking, throttling, degrading,
or providing for paid prioritization of lawful
content, applications, or services.
■ Free and open internet can spur innovation
and help close the digital divide in California.
■ 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.
■ Regulatory fees and/or taxes should apply
equitably to all telecommunications service
providers.
■ A guarantee that all existing and any new
fees/taxes remain with local governments to
support local public services and mitigate
impacts on local rights-of-way.
■ Oppose any state or federal legislation that
would pre-empt or threaten local taxation
authority
Rights-of-Way
■ To protect the public's investment, the control
of public rights-of-way must remain local.
■ Local government must retain full control
over the time, place, and manner for the use
of the public right-of-way in providing utilities,
broadband and telecommunications services,
CAL CITIES • www.calcities.org I 67

SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
including the appearance and aesthetics of
equipment placed within it.

Access
11 All local community residents should be
provided access to all available broadband
and telecommunications services. Cal
Cities supports funding and resources to
provide access to high-speed broadband
infrastructure, including municipal broadband,
for all California communities, to close the
digital divide, especially in unserved and
underserved communities.
11 Telecommunications providers should be
required to specify a reasonable timeframe for
deployment of telecommunications services
that includes a clear plan for the sequencing
of the build-out of these facilities within the
entire franchise area.

Public Education and Government (PEG)
Support
11 The resources required of new entrants should
be used to meet PEG support requirements
in a balanced manner in partnership with
incumbent providers.
11 For cities currently without PEG support
revenues, a minimum percentage of required
support needs to be determined.

Institutional or Fiber Network (/NET)
11 The authority for interested communities
to establish IN ET services and support for
educational and local government facilities
should remain at the local level.

Public Safety Services
11 The authority for E-977 and 977 services should
remain with local government, including any
compensation for the use of the right-ofway. 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.
68 I CAL CITIES • www.calcities.org
11 All video providsrs must provide local
emergency notification service.

Customer Service Protection
11 State consumer protection laws should
continue to apply as a minimum standard and
should be enforced at the local level. Local
governments should retain the authority to
assess penalties to improve customer service.

Wireless Infrastructure
11 Existing telecommunications providers and
new entrants shall adhere to local city policies
on public utility undergrounding.
11 Cal Cities supports the authority of cities
to zone and plan for the deployment of
broadband and telecommunications
infrastructure. Cal Cities supports the ability
of cities to maintain and manage the public
right-of-way and receive compensation for
its use. Cal Cities supports the innovation
and economic development potential of
the "information superhighway" and the
many possible benefits in the areas of
telecommuting and productivity it promises.

Cal Cities will work with the CPUC, the various
telephone companies, and federal regulatory
agencies to improve telephone area code
planning in California.
• Cal Cities supports model agreements
between cities and wireless communications
providers for the deployment of wireless
infrastructure, including small cells and macro
cell towers, within their jurisdiction.
11 Cal Cities supports a requirement 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.

TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
Plain Old Telephone System (POTS):

Cal Cities believes the following principles in order
to ensure minimum standards are met before
service withdrawals of plain old telephone systems
are made:
11 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.
11 Telecommunications service should be
technology-neutral to include similar
regulatory protections and obligations, such
as maintenance of infrastructure, access to
facilities, and provision of basic voice and
broadband service.
11 Ensure a transparent process for the phaseout of POTS, avoiding self-certification and arbitrary timelines for CPUC review of
withdrawal requests.
11 Require carriers to assist local governments in a
proposed service withdrawal area to determine
which public services are dependent on them.
11 Require the CPUC to consult with state
and local agencies to verify alternative
communications services that meet or
exceed POTS quality, accessibility, reliability,
and affordability and determine adequate
transition times, especially to ensure
functionality of the 911 system.
11 For wireless technology alternatives, local
governments must have guaranteed priority
access to the 911 system.
11 Ensure state enforcement and accountability
over any proposed service withdrawals.
11 Require that the transition to an alternative
service is cost-neutral for consumers, with
additional costs borne by the carriers,
including ancillary costs such as software and
equipment, for instance.
11 Require the CPUC to notify and work with
cities and other local governments of proposed
service withdrawals to ensure appropriate
transitions.
11 Carrier cost savings from any such transition
should be shared with customers, including
local governments through a state-developed
and administered financial assistance program.
11 Require that "Lifeline" rates for customers with
special needs are cost and technology-neutral,
in the short- and long-term.
11 Require that telecommunications companies
that withdraw plain old telephone service
within any given area continue to maintain
the infrastructure and if no longer in use, be
responsible and pay for the removal of the
infrastructure.

Cal Cities opposes a deregulated framework for
Voice over Internet Protocol {VoIP) technology
given that VoIP is often a "communication of last
resort," as the state's populace rapidly moves away
from plain old telephone service and onto VoIP or
wireless communications.

Air Pollution
Cal Cities will monitor developments and the
ramifications of efforts to regulate air quality and
related congestion strategies as it is related to
state and local transportation networks.

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."
CAL CITIES • www.calcities.org I 69

LEAGUE OF

CALIFORNIA
CITIES
CR~ CLEAN
POWER

ALLIANCE
2024 Legislative and Regulatory Policy Platform
Overview and Purpose
The Clean Power Alliance (CPA) Legislative and Regulatory Policy Platform (Platform) serves as a guide to the CPA Board of Directors and CPA staff in their advocacy efforts and engagement on policy matters of interest to CPA. The Platform allows both members of the CPA Board of Directors and CPA staff to pursue actions at the regional, state and federal legislative and regulatory levels in a consistent manner and with the understanding that they are pursuing actions in the best interest of the organization and its mission, its member agencies, and its customers.

The Platform provides direction to CPA staff on positions that should be taken on regulatory matters and legislative bill proposals. The Platform also provides guidance to the Chief Executive Officer on positions that should be taken on legislative and regulatory matters that come before the California Community Choice Association (CalCCA) Board of Directors.

CPA staff report to the Board monthly on all positions taken on legislative bills. For bills that fall outside the scope of this platform; bills that are likely to attract high-profile supporters and detractors, including bills that would modify the California Environmental Quality Act (CEQA); bills that would raise taxes; or bills that would knowingly put CPA at odds with positions that its member agencies have taken, CPA staff will seek approval of a proposed position to the Legislative & Regulatory Committee and Board of Directors before taking a position.

Policy Principles
The Legislative and Regulatory Policy Platform is centered around five basic principles:

1. Protecting CPA's local control and competitive position, especially as it relates to rates, finances, power procurement and expansion of its service territory.

2. Pursing power resource planning and procurement that promotes the growth in renewable energy capacity at the local level and reduce fossil fuel dependency, with the goal of combating climate change.

3. Developing and administering customer programs that encourage clean energy adoption by CPA customers.

4. Ensuring fair access to data, particularly as it relates to energy usage, billing, and information needed to develop and administer customer programs.

5. Supporting CPA's ability to set electric rates and offer programmatic services that are affordable and inclusive for all.

These principles are incorporated throughout the below platform.

Policy Platform

1. Affordability and Local Control
a. Fair rates and cost allocation: CPA will pursue administrative and legislative initiatives that will ensure that non-bypassable charges for CPA customers, including any income-graduated fixed charges, are assessed fairly compared to unbundled customers and that CPA's customers are not unnecessarily burdened by nonbypassable charges compared to unbundled customers. b. Finances: CPA will pursue administrative and legislative initiatives to ensure that CPA is eligible to apply and receive funding made available to the electricity sector for decarbonization, reliability, and affordability purposes, and that CPA's financial health are not disparately impacted by new regulations.
c. CCA Expansion: CPA will pursue administrative and legislative initiatives to protect CPA's ability to expand its service to new member agencies. d. Local Control: CPA will pursue administrative and legislative initiatives to protect CPA Board's authority over CPA's procurement, rate-setting, governance, and customer program development activities.

2. Power Resources Planning and Procurement
a. Resource Adequacy and Reliability: CPA will pursue administrative and legislative initiatives that will enable CPA to secure capacity resources to meet its reliability obligations, such as initiatives that evaluate the supply of capacity resources available to load serving entities (LSEs), determine the appropriate market mechanisms for LSEs to procure capacity resources, and develop a durable policy framework that encourages all LSEs to construct their fair share of new capacity resources to maintain grid reliability while pursuing decarbonization efforts. b. Carbon-Free Resources: CPA will pursue administrative and legislative initiatives that will maximize CPA's ability to procure carbon-free resources to meet or exceed the needs of CPA's three product offerings and its long-term carbon-free procurement goal as required by SB 100 and other statutory or regulatory obligations. c. Renewable Resources: CPA will pursue administrative and legislative initiatives that will maximize CPA's ability to procure eligible Renewable Portfolio Standard (RPS) resources to meet the needs of CPA's three product offerings and its long-term RPS procurement goal as required by SB 100 and other statutory or regulatory obligations.
d. Integrated Resource Plan: CPA will pursue administrative and legislative initiatives that will maximize CPA's ability to plan and procure resources to meet various environmental and reliability goals set by state laws and by its Board of Directors, while offering affordable products and programs to serve its customers, including disadvantaged communities.
e. Transmission: CPA will pursue administrative and legislative initiatives that will expedite new transmission infrastructure needed to meet California's climate goals, as well as initiatives that will provide CPA adequate access to transmission capacity to maximize its procurement of RPS-eligible or carbon-free resources that meet various statutory and regulatory requirements.
f. Research & Development: CPA will pursue administrative and legislative initiatives that support the research and development of new energy resources that can be procured to meet the reliability and decarbonization goals set by the State and its Board of Directors.
g. Grid Reliability: CPA will pursue administrative and legislative initiatives that support the expansion of a regional grid that improves reliability; accelerates decarbonization; improves transmission planning; reduces costs for ratepayer and load serving entities; maintains California's ability to set, meet and implement its own climate goals; and protects clean energy jobs within the State.

3. Customer Programs
a. Demand Response, Demand Flexibility and Energy Efficiency: CPA will pursue administrative and legislative initiatives that will enable CPA to pursue demand response programs and opportunities for its customers.
b. Zero-emission vehicles: CPA will pursue administrative and legislative initiatives to promote electrification of the transportation sector in response to state and federal goals aimed at increasing the usage of zero emission vehicles. c. Building decarbonization: CPA will pursue administrative and legislative initiatives that support the ability of CPA to promote statewide building decarbonization, primarily through electrification.
d. Local Grid Management and Resiliency: CPA will pursue administrative and legislative initiatives that supports the ability of CPA and its member agencies to offer local grid management and resiliency solutions to increase local reliability and adaptability that could protect against power outages and extreme heat. e. Distributed Energy Resources: CPA will pursue administrative and legislative initiatives that support the ability of CPA to offer and utilize distributed energy resources as part of its reliability, resiliency and community engagement strategies. f. Research and Development: CPA will pursue administrative and legislative initiatives that support the ability of CPA to explore new opportunities related to behind the meter clean energy resources.

4. Data Access
a. Timely and Accurate Access to Customer Data: CPA will pursue administrative and legislative initiatives that will enable CPA to obtain timely and accurate access to its customers' data to improve billing accuracy and inform the development and implementation of customer programs.
b. Fair Fees for Data Management Services: CPA will pursue administrative and legislative initiatives to ensure that the fees due to Southern California Edison for data access and management are fairly assessed based on data needs and potential technological improvements.

5. Diversity. Equity, Inclusion
a. Customer Protection: CPA will pursue administrative and legislative initiatives that support the protection of all ratepayers, particularly environmental and social justice communities in CPA's service territory.
b. Supplier Diversity: CPA will pursue administrative and legislative initiatives that supports supplier diversity in CPA's contracting activities and through women-owned, minority-owned, disabled-veteran-owned, and lesbian, gay, bisexual, and/or transgender owned business enterprises.
c. Workforce Development: CPA will pursue administrative and legislative initiatives that support workforce development with a focus on new stable, well-paying local jobs, and participation in a just transition to a low-carbon economy. d. Energy Equity: CPA will pursue administrative and legislative initiatives that supports increased access to clean energy technologies, clean energy and contracting jobs, and clean energy opportunities for environmental and social justice communities in CPA's service territory.
e. Access to the Electrical Grid: CPA will pursue administrative and legislative initiatives that support reducing timelines in interconnection and service extensions for new construction, critical services, renewable energy, building decarbonization, and other projects in CPA's service territory.
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POLICY TITLE: Legislative Advocacy Policy
POLICY NUMBER: 1055
1055 Purpose
The purpose of the policy is to guide [DISTRICT] officials and staff in considering legislative or regulatory proposals that are likely to have an impact on [DISTRICT], and to allow for a timely response to important legislative issues. Although the expenditure of public funds for the purpose of supporting or opposing a ballot measure or candidate is prohibited, 1 the expenditure of public funds is allowed to advocate for or against proposed legislation or regulatory actions which will affect the public agency expending the funds.2 The purpose for identifying Legislative Advocacy Procedures is to provide clear direction to [DISTRICT] staff with regard to monitoring and acting upon bills during state and federal legislative sessions.

Adherence to Legislative Advocacy Procedures will ensure that legislative inquiries and responses will be administered consistently with "one voice" as to the identified Advocacy Priorities adopted by the Board of Directors. The Legislative Advocacy Procedures and Advocacy Priorities will provide the [DISTRICT] General Manager, or other designee, discretion to advocate in [DISTRICT] best interests in a manner consistent with the goals and priorities adopted by the Board of Directors. This policy is intended to be manageable, consistent, and tailored to the specific needs and culture of [DISTRICT]. 1055.1 Policy Goals
• Advocate the [DISTRICT] legislative interests at the State, County, and Federal levels. • Inform and provide information to the Board of Directors and district staff on the legislative process and key issues and legislation that could have a potential impact on the district. • Serve as an active participant with other local governments, the California Special Districts Association, and local government associations on legislative and regulatory issues that are important to the district and the region.
• Seek grant and funding assistance for [DISTRICT] projects, services, and programs to enhance services for the community.
1055.2 Policy Principles
The Board of Directors recognizes the need to protect [DISTRICT] interests and local control, and to identify various avenues to implement its strategic and long-term goals. It is the policy of [DISTRICT] to proactively monitor and advocate for legislation as directed by the Advocacy Priorities and by the specific direction of the Board of Directors.
1 Cal. Gov. Code § 54964.
2 Cal. Gov. Code § 53060.5; Stanson v. Mott (1976) 17 Cal. 3d 206.

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This policy provides [DISTRICT] General Manager, or other designee, the flexibility to adopt positions on legislation in a timely manner, while allowing the Board of Directors to set Advocacy Priorities to provide policy guidance. The Board of Directors shall establish various Advocacy Priorities and, so long as the position fits within the Advocacy Priorities, staff is authorized to take a position without board approval.

Whenever an applicable Advocacy Priority does not exist pertaining to legislation affecting the [DISTRICT], the matter shall be brought before the Board of Directors at a regularly scheduled board meeting for formal direction from the Board of Directors. [The Board of Directors may choose to establish a standing committee of two Directors, known as the "Legislative Advocacy Committee", with the authority to adopt a position when consideration by the full Board of Directors is not feasible within the time-constraints of the legislative process.]
Generally, the [DISTRICT] will not address matters that are not pertinent to the district's local government services, such as social issues or international relations issues. 1055.3 Legislative Advocacy Procedures
It is the policy of [DISTRICT] to proactively monitor and advocate for legislation as directed by the Advocacy Priorities and by the specific direction of the Board of Directors. This process involves interaction with local, state, and federal government entities both in regard to specific items of legislation and to promote positive intergovernmental relationships. Accordingly, involvement and participation in regional, state, and national organizations is encouraged and supported by the [DISTRICT].

Monitoring legislation is a shared function of the Board of Directors and General Manager or designated staff. The Legislative Advocacy Procedures are the process by which staff will track and respond to legislative issues in a timely and consistent manner. The General Manager, or other designee, will act on legislation utilizing the following procedures:

1. The General Manager or other designee shall review requests that the [DISTRICT] take a position on legislative issues to determine if the legislation aligns with the district's current approved Advocacy Priorities.

2. The General Manager or other designee will conduct a review of positions and analysis completed by the California Special Districts Association and other local government associations when formulating positions.

3. If the matter aligns with the approved priorities, [DISTRICT] response shall be supplied in the form of a letter to the legislative body reviewing the bill or measure. Advocacy methods utilized on behalf of the district, including but not limited to letters, phone calls, emails, and prepared forms, will be ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• CSDA Sample Policy Handbook

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communicated through the General Manager or designee. The General Manager or designee shall advise staff to administer the form of advocacy, typically via letters signed by the General Manager, or designee, on behalf of the Board of Directors.

4. All draft legislative position letters initiated by the General Manager or designee shall state whether the district is requesting "support", "support if amended", "oppose", or "oppose unless amended" action on the issue, and shall include adequate justification for the recommended action. If possible, the letter should include examples of how a bill would specifically affect the district, e.g. "the funding the district will lose due to this bill could pay for X capital improvements." a. Support- legislation in this area advances the district's goals and priorities. b. Oppose- legislation in this area could potentially harm, negatively impact or undo positive momentum for the district, or does not advance the district's goals and priorities.

5. The General Manager may also provide a letter of concern or interest regarding a legislative issue without taking a formal position on a piece of legislation. Letters of concern or interest are to be administered through the General Manager or designee.

6. When a letter is sent to a state or federal legislative body, the appropriate federal or state legislators representing the [DISTRICT] shall be included as a copy or "cc" on the letter. The appropriate contacts at the California Special Districts Association and other local government associations, if applicable, shall be included as a cc on legislative letters.

7. A position may be adopted by the General Manager or designee if any of the following criteria is met:
a. The position is consistent with the adopted Advocacy Priorities; b. The position is consistent with that of organizations to which the district is a member, such as the California Special Districts Association; or
c. The position is approved by the Board of Directors [or the Legislative Advocacy Committee].

8. All legislative positions adopted via a process outside of a regularly scheduled Board Meeting shall be communicated to the Board of Directors at the next regularly scheduled Board Meeting. When appropriate, the General Manager or other designee will submit a report (either written or verbal) summarizing activity on legislative measures to the Board of Directors. 1055.4 Advocacy Priorities
Revenue, Finances, and Taxation
Ensure adequate funding for special districts' safe and reliable core local service delivery. Protect special districts' resources from the shift or diversion of revenues without the consent of the affected districts. Promote CSDA Sample Policy Handbook

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the financial independence of special districts and afford them access to revenue opportunities equal to that of other types of local agencies. Protect and preserve special districts' property tax allocations and local flexibility with revenue and diversify local revenue sources.

Support opportunities that allow the district to compete for its fair share of regional, state, and federal funding, and that maintain funding streams. Opportunities may include competitive grant and funding programs.

Opportunities may also include dedicated funding streams at the regional, state, or federal levels that allow the district to maximize local revenues, offset and leverage capital expenditures, and maintain district goals and standards.

Governance and Accountability
Enhance special districts' ability to govern as independent, local government bodies in an open and accessible manner. Encourage best practices that avoid burdensome, costly, redundant or one-size-fits all approaches.

Protect meaningful public participation in local agency formations, dissolutions, and reorganizations, and ensure local services meet the unique needs, priorities, and preferences of each community.

Oppose additional public meeting and records requirements that unnecessarily increase the burden on public resources without effectively fostering public engagement and enhancing accountability of government agencies.

Promote local-level solutions, decision-making, and management concerning service delivery and governance structures while upholding voter control and maintaining LAFCO authority over local government jurisdictional reorganizations and/or consolidations.

Human Resources and Personnel
Promote policies related to hiring, management, and benefits and retirement that afford flexibility, contain costs, and enhance the ability to recruit and retain highly qualified, career-minded employees to public service. As public agency employers, support policies that foster productive relationships between management and employees.

Maintain special districts' ability to exercise local flexibility by minimizing state mandated contract requirements.

Oppose any measure that would hinder the ability of special districts to maximize local resources and efficiencies through the use of contracted services.

Infrastructure, Innovation, and Investment
Encourage prudent planning for investment and maintenance of innovative long-term infrastructure. Support the contracting flexibility and fiscal tools and incentives needed to help special districts meet California's changing CSDA Sample Policy Handbook
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••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• demands. Promote the efficient, effective, and sustainable delivery of core local services.

Prevent restrictive one-size-fits-all public works requirements that increase costs to taxpayers and reduce local flexibility .
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CSDA Sample Policy Handbook