HomeMy WebLinkAbout2022-12-13; City Council Legislative Subcommittee; ; Draft City of Carlsbad 2023 Legislative PlatformLEGISLATIVE SUBCOMMITTEE
Staff Report
Meeting Date: Dec. 13, 2022
To: Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Dire~tor
Staff Contact: Jason Haber, jason.haber@carlsbadca.gov
Subject: Draft City of Carlsbad 2023 Legislative Platform
District: All
Recommended Action
Discuss and determine proposed amendments to the City of Carlsbad Legislative Platform,
including the proposed 2023 Legislative Priorities, to recommend to the City Council.
Discussion
The attached red line Draft City of Carlsbad 2023 Legislative Platform (Exhibit 1) presents proposed
amendments recommended by city staff for the Subcommittee's consideration.
This item will provide an opportunity to discuss Subcommittee recommendations and to provide
feedback to staff to prepare the document for City Council consideration.
The League of California Cities's Summary of Existing Policy and Guiding Principles -May 2022
(Exhibit 2) is included as a resource to the Subcommittee in developing its recommendation to the
City Council.
Staff have proposed to identify the City Council's strategic goals as 2023 Legislative Priorities;
however, in proposing its recommended priorities, the Subcommittee may also wish to consider
the 2023 Advocacy Priorities that were recently adopted by the League of California Cities's Board
of Directors, which are as follows:
1. Protect and expand investments to prevent and reduce homelessness. Secure sustainable
state funding that bolsters cities' efforts to support individuals experiencing, or at risk of,
homelessness. While protecting existing resources, strengthen state and local partnerships to
connect individuals with the care they need through coordinated care systems that provide
access to wraparound services, including mental health and substance use treatment.
2. Increase the supply and affordability of housing while retaining local decision-
making. Secure long-term, sustainable funding tools for cities to jumpstart the construction
of housing at all income levels and ensure cities retain flexibility to achieve local and state
housing goals.
Dec. 13, 2022 Item #3 Page 1 of 101
3. Improve public safety in California communities. Pursue strategies and resources to address
crime and its underlying causes. Partner with all levels of government and diverse
organizations to improve community safety through prevention and early intervention
programming, workforce recruitment and retention, and improved re-entry services.
4. Safeguard essential local revenues and support fiscal sustainability. Protect, increase, and
modernize revenue streams for local priorities. Oppose efforts that would reduce or
eliminate funding for cities, including unfunded mandates.
Next Steps
A resolutiqn approving the City of Carlsbad 2023 Legislative Platform will be presented for City
Council consideration on January 10, 2023.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and was available for
public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
l. Redline Draft City of Carlsbad 2023 Legislative Platform
2. League of California Cities Summary of Existing Policy and Guiding Principles -May 2022
Dec. 13,2022 Item #3 Page 2 of 101
Exhibit 1
CITY OF CARLSBAD
2023a. LEGISLATIVE PLATFORM
The Legislative Platform provides a foundation for the City of Carlsbad's
Intergovernmental Affairs Program and enables the city to efficiently and effectively
address intergovernmental and legislative matters affecting the city and its
communities. The purpose of this Legislative Platform is to clearly express the city's
position on, and provide a basis for prioritizing and acting upon, a broad range of
intergovernmental and legislative matters that may impact the city's ability to operate
effectively.
The City Council has identified the Guiding Principles, Legislative Priorities and Position
Statements comprising this Legislative Platform to guide the city's advocacy efforts. The
city's legislative positions are organized under a framework modeled after the League of
California Cities'~ Summary of Existing Policy and Guiding Principles. The Legislative
Platform will be reviewed annually by the City Council Legislative Subcommittee and
amended as needed by the City Council.
Contents
• Guiding Principles
• 2021~ Legislative Priorities
• 2021~ Legislative Platform: Position Statements
1. Community Services
Arts, Cultural Resources, Historic Preservation
and Education
Child Care
Park Bond Funds
Public Parks/Recreational Facilities
Public Libraries
Seniors
Healthy Cities
2. Environmental Quality
Climate Change
California Environmental Quality Act {CEQA)
Hazardous Materials
Solid Waste, Recycling and Diversion
Utilities
Coastal Issues
3. Water
General Principles
Water Conservation
Water Recycling
Water Quality
Water Storage & Conveyance Systems
New Technology
Financial Considerations
Dec. 13, 2022
4. Governance, Transparency and Labor Relations
Labor Relations
Workers' Compensation
Governance and Ethics
Elected Officials
5. Housing, Community and Economic Development
Planning and Zoning
Housing
Subdivision Map Act
Economic Development
6. Public Safety
Fire Services
Emergency Services and Preparedness
Law Enforcement
Drugs and Alcohol
Homelessness
Miscellaneous
7. Revenue and Taxation
State Mandates
8. Transportation, Communication and Public Works
Transportation
Public Works
Contracts
Telecommunications
Item #3 Page 3 of 101
Guiding Principles
I. Preserve Local Control -The city supports the broadest authority for our citizens and
the City Council to make decisions and provide public services locally. As cities are
voluntarily created by the residents of a community to provide local self-government
and to make decisions at the local level to best meet the diverse needs of the
community, the city opposes preemption of local control.
II. Maintain Fiscal Responsibility -The city supports legislative and budget measures
that protect and enhance its existing funding sources, revenue base and control over
local government budgeting. The city opposes efforts to shift local funds to the county,
state or federal governments, diminish its revenue base or impose new mandates that
are unfunded or inadequately funded.
Ill. Protect Quality of Life -The city supports state legislation and funding that
preserve the safety, security, cultural resources and well-being of our residents,
workers, businesses and visitors. The city opposes efforts that would negatively impact
the infrastructure, public health and safety, community development, equitable
community services, cultural integrity and environmental programs and other city
efforts to maintain and enhance the quality of life in Carlsbad.
202~a Legislative Priorities
1. COVI[) 19 PandemiE EEOnomiE Relief and ReEO¥ery
2. eeonomiE Re-.«italization
3. l-lo1:1sing and l-lomelessness
4. Mosility
5. P1:101ie l=lealth and Safety
G. S1:1stainasility
1. Community Character
2. Quality of Life & Safety
3. Sustainability & the Natural Environment
4. Economic Vitality
5. Organizational Excellence & Fiscal Health
202~a Legislative Platform: Position Statements
1. Community Services
Arts, Cultural Resources, Historic Preservation and Education
{a) Support funding and legislation that support local arts and culture,
acknowledges the community's history and current conditions and
recognizes the need for preservation and education.
Child Care
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(a) Support measures that reduce regulatory complexities and the burden of
insurance costs for child care providers.
(b) Support funding for the construction, renovation and maintenance of
child care facilities.
(c) Support the provision of reasonable tax incentives for employers who
offer child care services.
(d) Support legislation that restores local control over child care services in
areas such as licensure, staffing, education and training.
Park Bond Funds
(a) Support statewide park bond measures that include a component that
provides per capita grants to cities and counties.
(b) Oppose statewide park bond measures that tie local eligibility for grant
funds to non-park related issues, such as rent control or housing element
status.
Public Parks/Recreational Facilities
(a) Support increased and sustainable funding for community park facilities,
open space, and recreation programs.
(b)
(c)
(d)
Support legislation that preserves the ability to implement integrated
pest management practices, a science-based, decision-making process
that combines biological, physical and chemical tools in a way that
achieves pest control objectives while minimizing economic, health, and
environmental risk.
Support legislation requiring public pools to provide Automated l:xternal
Oefibrillators (Al:Os) during pool operations.
Support legislation that allows lifoguards certified b'I the United States
Lifesaving Association to perform lifeguard services at public pools.
Public Libraries
(a) Support increased and sustainable funding for local public libraries and
the State Library.
(b) Oppose Internet filtering laws that apply to publicly funded libraries.
(c) Support legislation that preserves library patron privacy.
(d) Support legislation that preserves net neutrality.
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Seniors
(a) Support legislation that fosters independence of older Californians.
fat(b) Support legislation that advances the objectives of the Age Friendly
Carlsbad Action Plan, including increased and sustainable funding for
senior transportation services, social and civic engagement programs and
senior housing.
Healthy Cities
{a) Support legislation that recognizes and prevents adverse impacts
affecting public health and the welfare of all residents, visitors and
workers, and especially the young.•
{b) Support initiatives that encourage cities to help parents make healthy
family choices; create healthy schools; provide access to healthy and
affordable foods; and adopt city design and planning principles that
promote physical activity.
{c) Support initiatives that encourage cities to involve youth, especially
middle and high school students, with city health-related programs,
including those promoting mental and psychological well-being.
{d) Support initiatives that encourage cities to address the needs of an aging
population through local and statewide planning, education and
programming.
{e) Support legislation that preserves the authority of local agencies to
establish their own rules and regulations pertaining to community
recreational activities.
{f) Support funding for local communities attempting to address the needs
of migrant workers.
2. Environmental Quality
{a) Support legislation that complements the city's Environmental and
Sustainability Guiding Principles.
(b) Support funding and legislation to improve and protect recreational
water quality from contamination, support effective habitat management
practices, and create and maintain public open space.
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(c) Support funding and legislation that facilitates and protects loca l control
of habitat management planning, maintenance and administration.
Climate Change
(a) Support funding and legislation that promotes market penetration and
infrastructure expansion for electric and alternative fuel vehicles.
(b) Support funding and legislation that facilitates energy efficiency practices
and actions to mitigate the sources of greenhouse gas emissions.
(c) Support legislation that reduces the amount of ozone depleting
compounds discharged into the atmosphere.
(d) Support funding and legislation that promotes the use and purchase of
clean alternative energy through the development of renewable energy
resources and waste-to-energy technologies.
California Environmental Quality Act (CEQA)
(a) Support legislation that either requires citizen initiatives to comply with
CEQA before being placed on the ballot or exempting from this
requirement a City Council initiated ballot measure dealing with the same
subj ect matter on the same ballot.
(b) Support legislation that streamlines federal and state environmental
review processes and limits court reviews of environmental
documentation.
Hazardous Materials
(a) Support efforts for the proper and cost-effective disposal of solid,
hazardous and medical waste.
(b) Oppose legislation that makes local municipalities financially responsible
for the removal, abatement or mitigation of hazardous materials.
(c) Support funding and legislation that addresses concerns regarding the
safe handling and storage of nuclear waste generated at the
decommissioned San Onofre Nuclear Generating Station, particularly as it
relates to the vulnerability to damage from seismic activity, landslides,
tsunamis and sea level rise.
Solid Waste, Recycling and Diversion
(a) Support legislation that preserves the ability of local governments to
regulate solid waste and recyclable materials.
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(b) Support measures that promote procurement and market development
of recyclable and recycled materials.
(c) Support legislation that promotes source reduction, sustainability and re-
use measures.
(d) Oppose legislation regulating "flow control" of solid waste materials.
(e) Support measures that promote the recycling and reclaiming of natural
resources, including water, timber, oil, gas minerals and earth metals.
(f) Support measures that would make low-interest loans and grants
available to local agencies for programs that encourage the recycling and
reclaiming of resources.
(g) Support measures that would reduce the use of single-use plastics and
Styrofoam packaging and prevent these materials from entering the
waste stream, including public education and community partnership
initiatives.
(h) Support legislation that facilitates development of local and regional
recycling and composting facilities.
Utilities
(a) Support legislation that establishes regulatory and market mechanisms to
maximize the state's energy self-sufficiency and security.
(b) Support legislation that establishes regulatory and market mechanisms
that promote competition and reasonable, justifiable energy prices with
programs to support low-income groups.
(c) Support legislation that aggressively pursues refunds to consumers for
rates that have been determined to be unjust or unreasonable.
(d) Support legislation that expedites the development of needed
infrastructure (e.g., generation, transmission, and distribution) to create
robust and functional markets.
(e) Support legislation that increases the diversity of the state's and region's
energy resources, particularly increasing the use of higher-efficiency,
clean distributed generation (e.g., combined heat and power) and
renewable resources.
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(f) Support legislation that encourages and incentivizes the adoption of new
and emerging technologies that provide real-time pricing to promote
better price response by consumers.
(g) Support legislation that promotes municipal renewable energy
development.
(h) Support legislation that preserves and protects net energy metering to
continue incentivizing investments in rooftop solar energy systems.
(i) Support legislation that provides funding to increase energy efficiency,
improve reliability and reduce peak demand, including for renewable
energy generation and storage projects and demand-side management
programs.
(j) Support legislation that minimizes adverse environmental impacts of the
state's and the region's energy use.
{k) Support funding and legislation that promotes the development of
alternative energy sources.
{I) Support legislation that prohibits the California Energy Commission from
issuing any license to operate a power plant unless and until it has
received the report required by the California Coastal Commission under
the Warren-Alquist Act.
(m) Support legislation that protects competitive neutrality, procurement
autonomy, ratepayer affordability, reliability, decarbonization and social
equity initiatives of community choice aggregation.
(n) Support legislation that establishes rules under which Public Safety
Power Shutoff events can be undertaken.
Coastal Issues
(a) Support measures that provide funding for urban waterfront restoration
and enhancement.
(b) Support legislation that would promote and provide funding for the
restoration, preservation and enhancement of beaches, beachfront
property and bluffs, including local and regional sand replenishment
efforts, as well as coastal access, public infrastructure and parking.
(c) Support measures that would preserve and extend the authority of cities
over land use regulations concerning the placement of onshore facilities
which service offshore oil drilling.
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(d} Support legislation that requires the double hulling of oil tankers.
(e} Support legislation that promotes aquatic research, education and
aquaculture.
(f) Oppose any new offshore oil and gas leasing, drilling and exploration in
all State of California and U.S. waters in the Pacific Ocean.
(g) Support decommissioning of existing offshore oil drilling and pipeline
infrastructure in all State of California and U.S. waters off the California
coast.
(h) Support legislation providing that if Coastal Commission staff has an
opportunity to participate in local and or regional habitat management
plans, there is a presumption of consistency with the Federal Coastal
Management Act.
(i) Support legislation to allow cities to issue all coastal development
permits within their jurisdiction consistent with a previously certified
coastal plan.
0) Support legislation that allocates state and federal funds for the
construction of facilities to capture and treat the flow of raw sewage
entering San Diego from Tijuana.
(k} Support legislation that provides direction to the California Coastal
Commission through changes to the Coastal Act that would allow for
construction of seawalls or other shoreline protection devices for existing
structures, as defined by a local jurisdiction's Local Coastal Program and
up to the date of adoption of amendments to the Local Coastal Program.
(I} Oppose legislation that would backdate the consideration date of existing
structures to only those that existed prior to establishment of the Coastal
Act (January 1, 1977}.
3. Water
General Principles
(a) Support measures that provide for the equitable allotment and
distribution of preferential water rights.
(b} Support legislation that protects and improves the reliability,
affordability, self-sufficiency, quality and security of local and imported
water supplies.
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(c) Support legislation that ensures the San Diego County Water Authority
and its member agencies receive the water supply benefits of their
investment in local water supply sources.
(d) Support legislation that provides for the development of a
comprehensive state water plan that balances California's water needs
and results in a reliable and affordable supply of high-quality water for
the San Diego Region.
(e) Support legislation that supports regional projects through Integrated
Regional Water Management Planning.
(f) Support legislation that streamlines environmental review processes for
water and wastewater infrastructure projects and provides exemptions
for emergency activities when the continued delivery of safe and clean
water is threatened.
Water Conservation
(a) Support measures that will encourage water conservation practices by all
water consumers.
(b) Support measures that ensure conservation credit for municipal
investments in water recycling systems and development of alternative
sources.
(c) Support legislation that promotes water conservation and water use
efficiency while preserving district and public water rights and the
authority of local agencies.
(d) Support legislation that provides incentives, funding and other assistance
to water agencies so that they can meet state water demand
requirements.
(e) Oppose legislation that imposes water use efficiency criteria for
conservation-based water rates, standards, budget allocations, and
programs that do not recognize local differences, quality impacts, and
existing programs, or that override the authority of local agencies to
adopt management practices that are appropriate for the needs of their
agency.
(f) Support legislation that provides flexibility in complying with drought
regulations and recognizes variations among communities with respect to
their ability to withstand the impacts of drought.
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Water Recycling
(a) Support measures that promote the production and distribution of
reclaimed water.
Water Quality
(a) Support legislation that protects the quality of drinking water and
supports local agency efforts to meet state and federal water quality
standards based upon sound scientific principles.
(b) Support legislation that incorporates sound scientific based water quality
requirements for wastewater discharge into surface water and
groundwater to safeguard public health and protect beneficial uses.
(c) Support legislation that implements source control and protects
reservoirs, lakes, and coasta l waters.
(d} Support legislation that enables local agencies to regulate the discharge
of contaminants into the sewer collection system based on discharge
permit requirements, detrimental effects on infrastructure, and adverse
effects on recycling and reuse.
(e) Support legislation that provides state and federal funds for monitoring,
research and treatment of new and emerging contaminants.
Water Storage and Conveyance Systems
(a) Support a balanced water transportation and regional storage system
that provides for the needs of San Diego County, while protecting the
Delta and Central Valley regions with minimal impact on agriculture and
the environment.
(b) Support measures that increase water supply and storage facilities within
the region and allow for economically feasible water transfers within the
system.
New Technology
(a) Support legislation and regulations that encourage the use and
development of alternative water sources.
(b) Support funding and legislation that promotes the development of
engineering solutions and alternative uses to eliminate wastewater
treatment ocean discharges.
(c) Support legislation that encourages and provides state and federa l
funding for the development of new technology in water use, reuse,
quality monitoring, and treatment.
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Financial Considerations
(a) Support legislation to develop an ongoing funding source to implement
the federally mandated Clean Water Act of 1987 and to ensure
protection of local resources.
(b) Support legislation that would exempt stormwater and urban runoff
management programs from Proposition 218 requirements.
(c) Support legislation that allows Water Districts to award contracts in
conformity with the provisions of the local City Charter.
(d) Support legislation that provides state and federal funds to local agencies
for programs and projects that provide for the supply, storage, recycling,
reclaiming, reuse and quality improvement of water resources.
(e) Oppose any new tax or fee on water that does not benefit ratepayers.
4. Governance, Transparency, and Labor Relations
Labor Relations
(a) Support legislation that allows cities with civil service/personnel systems
to contract out services to the private sector to save taxpayer dollars.
(b) Support legislation that limits the ability of employees to receive workers'
compensation benefits for occupational injuries/illnesses that result from
stress, disciplinary action, or performance evaluations or consu ltations.
(c) Support any measure that would reverse the imposition of compulsory
and binding arbitration with respect to public employees.
(d) Oppose any measure that would grant employee benefits that should be
decided at the local bargaining table.
(e) Oppose any legislation that would reduce local authority to resolve public
employee disputes, and support legislation that would preserve court
jurisdiction, and/or impose regulations of an outside agency (such as
PERB).
(f) Oppose measures that propose a standard higher than the normal civil
standards in disciplinary proceedings for peace officers.
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(g) Support legislation that clarifies existing labor laws concerning whether
an individual is considered an employee rather than an independent
contractor.
(h) Support measures that promote recruitment efforts and educational
practices to advance and retain workplace diversity, equity and inclusion.
(i) Oppose measures that would expand release time for union business.
(j) Oppose measures that would establish confidentiality privileges for union
representatives.
(k) Oppose measures that would require municipalities to pay erroneous
retirement benefits.
""'(I._) __ Support funding and legislation that helps cities provide employee
support programs, increased personal protective equipment (PPE) and
other programs that promote employee overall wellness-particularly
for underrepresented and frontline essential workers.
fl-}(m) Support funding and legislation that would enhance efforts to prevent
third-party harassment and workplace violence.
Workers' Compensation
(a) Oppose legislation that expands or extends any presumptions of
occupational injury or illness and support legislation that repeals the
presumption that the findings of a treating physician are correct.
(b) Oppose legislation that increases workers' compensation benefits
without providing for concurrent cost controls.
Governance and Ethics
(a) Oppose legislation or constitutional amendments that weaken or
interfere with the powers of charter cities and diminish local autonomy
or home rule authority.
(b) Support legislation that reduces and provides for recovery of costs,
maintains privacy and eliminates attorney's fees for administering public
records laws.
(c) Support legislation that improves access to, and reduces the cost of,
healthcare for public employees, including part-time and seasonal
workers.
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(d) Support measures that reform California's tort system to reduce and limit
liability exposure for public agencies and restore the ability of public
agencies to obtain affordable insurance.
(e) Support legislation that recognizes or broadens immunities for public
agencies and oppose legislation that attempts to limit or restrict existing
immunities.
(f) Support legislation that requires plaintiffs to make a good faith showing
of liability prior to filing a lawsuit against a public entity.
(g) Support legislation that would increase civic participation and
engagement, including the continued allowance of subcommittees,
advisory committees, and boards and commissions to participate virtually
(post COVID-19 state of emergency) without physical location posting
requirements under the Ralph M. Brown Act.
(h) Support legislation that would permit a minority number of council
members to virtually participate in meetings without having physica l
location posting requirements, so long as a physical in-person meeting
quorum is present.
(i) Support state funding efforts to assist with enhanced public access for
members of the community.
(j) Oppose legislation that increases the cost of municipal meetings and
hearings through unnecessary new requirements.
Elected Officials
(a) Support legislation that prevents threats to the security of public officials
in their homes by extending or providing protection to elected and
appointed officials from the unauthorized publication of their home
addresses or telephone numbers in newspapers or similar periodicals.
(b) Support legislation requiring both elected local and state officials to
maintain their place of residence in the jurisdiction they were elected to
represent.
5. Housing, Community and Economic Development
Planning and Zoning
(a) Support legislation to strengthen the legal and fiscal capability of local
agencies to prepare, adopt and implement fiscal plans for orderly growth,
development, beautification and conservation of local planning areas,
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including, but not limited to, regulatory authority over zoning,
subdivisions, annexations, and redevelopment areas.
{b) Support measures in local land use that are consistent with the doctrine
of "home rule" and the local exercise of police powers in planning and
zoning processes.
{c) Support legislation requiring environmental review of initiatives to
amend a general plan or zoning ordinance before the initiative is placed
on the ballot or enacted.
{d) Oppose legislation or constitutional amendments that would restrict the
power of California cities to use eminent domain for public purpose
projects.
{e) Support measures that allow local agencies to condition mobile home
park conversions from rental to resident ownership pursuant to local land
use regulations including a requirement to provide public improvements
and infrastructure where necessary to promote the health, safety, and
welfare of park residents.
{f) Support legislation that preserves the authority of local agencies to
regulate short-term vacation rentals.
{g) Support legislation that enables local agencies to effectively address
issues concerning public safety and proper management of group homes,
including proposals to require the presence of on-site managers and/or
security personnel at all times, while being mindful of group home
residents' potential vulnerabilities.
{h) Oppose legislation that would diminish local control to set and assess
development review and building inspection fees.
Housing
{a) Support efforts to develop federal and state participation, financial
support and incentives (tax benefits, grants, loans) for programs which
provide adequate, affordable housing (home ownership and/or rental
opportunities) for all economic segments of the community including the
elderly, persons with disabilities, and low-income persons.
(b) Support expansion of tax credit and bond opportunities for affordable
housing.
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(c) Support legislation that provides incentives (tax benefits, grants, loans,
credits for affordable units) to local agencies, private developers and
non-profit groups in order to rehabilitate residential units and
commercial properties.
(d) Support legislation that would provide additional funding for rental
subsidy assistance programs (such as the Housing Choice Voucher
Program, the federally funded rental subsidy program for low-income
households) via more sustainable vouchers or certificates.
(e) Support repeal of Article 34 (Public Housing Project Law) of the California
Constitution, which requires local voter approval of housing projects that
are intended for low-income people and that receive funding or
assistance from the federal and/or state government.
(f) Support legislation that allows entitlement cities to use Community
Development Block Grant (CDBG) funds for new construction of housing
units.
(g) Support state legislation that strengthens local inclusionary housing
programs for lower-income residents.
(h) Support the repeal or modification of the Davis-Bacon Wage Act, as it
relates to charter cities, that set a prevailing wage sca le for public
projects, substantially increasing the cost of publicly assisted housing
developments.
(i) Support legislation that will consolidate and streamline the
administration and reporting requirements for the CDBG program.
(j) Oppose legislation that would give the State financial administrative
responsibilities for the CDBG program.
(k) Support legislation that requires availability of adequate school facilities
contemporaneously with occupancy of housing.
(I) Support measures that would establish a formula-based Regional Housing
Needs Assessment allocation methodology that reflects the unique needs
and practical capacity of local communities.
(m) Oppose measures that diminish local authority to implement growth
management initiatives that ensure communities do not exceed carrying
capacities and the provision of adequate public facilities.
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(n) Support measures that would exempt affordable housing projects from
complying with the California Environmental Quality Act while continuing
to mitigate residents' potential exposure to health and safety hazards.
(o) Oppose legislation that would expand the Coastal Commission's authority
over state and local housing policy, which would result in administrative
inefficiencies and policy conflicts.
(p) Support legislation that modifies existing housing laws to remove
inconsistencies and improve clarity in application.
(q) Support housing legislation that would allow density increases to satisfy
the state's "no net loss" requirements, when the increases occur
concurrent with or prior to a density reduction.
(r) Support legislation that more equitably applies rent control laws to
various types of rental housing, such as condominiums.
(s) Support legislation that prohibits property owners who are awarded tax
credit financed projects from charging Section 8 Housing Choice Voucher
clients a higher rent than the rent charged to non-Section 8 Housing
Choice Voucher clients.
Subdivision Map Act
(a) Support legislation that would automatically extend approved or
conditionally approved tentative, final and parcel maps under the
Subdivision Map Act during and for a limited time period after a
statewide financial or public health crisis, or other declared State of
Emergency.
Economic Development
(a) Support legislation that facilitates economic development efforts and
encourages local business investments, job creation and retention.
(b) Support legislation that would establish new tax increment financing
tools.
(c) Support legislation that helps businesses who have had business
interruption insurance claims denied, or otherwise incur unrecoverable
revenue losses resulting from a statewiele financial or public health crisis,
or other declared State of Emergency.
(d) Support legislation that protects small businesses from extraordinary
health insurance premium increases being applied during and for a
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(e)
limited time period after a state..♦.iide financial or public health crisis, or
other declared State of Emergency.
Support legislation that would remove impediments to the automatic
extension of local permits during and for a limited time period after a
statewide financial or public health crisis, or other declared State of
Emergency.
(f) Support legislation that provides statei.vide eviction protections and
funding for rental assistance programs for residential and commercial
tenants and property owners impacted by a financial or public health
crisis, or other declared State of EmergencyCOVID 19.
6. Public Safety
Fire Services
(a) Oppose legislation that would restrict or reduce the ability of local
government to determine the extent or method of fire hazard mitigation
necessary in or around wild land areas.
(b) Oppose legislation that would diminish local control to set and assess fire
inspection fees.
(c) Support legislation that preserves local agencies' ministerial development
review and approval rights, including applicability to accessory dwelling
units.
(d) Oppose legislation that attempts to circumvents building or fire code
requirements by statute, including through the provision of a "deemed
complete" or "deemed approved" status when local agencies exceed
maximum application review timelines.
(e) Support legislation that would enhance statewide wildland fire safety
infrastructure.
Emergency Services and Preparedness
(a) Support legislation granting immunity to or limiting liability of
governmental entities and their employees who provide emergency
medical instructions and/or treatment as a part of their public safety
dispatch system.
(b) Oppose legislation that would restrict a loca l government from revising
the delivery of emergency medical service to its citizens and support
measures that broaden these powers.
17
Dec. 13,2022 Item #3 Page 19 of 101
(c) Support legislation that would enhance cost recovery or provide funding
for emergency medical services and pre-hospital care.
(d) Support legislation that would strengthen awareness of and access to
resources concerning community and disaster preparedness, public
health, safety, and resiliency.
(e) Support legislation that provides state and federal emergency funding
and regulatory relief that allows cities to devote the necessary resources
and meet the operational challenges of protecting the public health,
safety and welfare in response to a declared State of Emergency.
(f) Support legislation that clarifies the requirements for operating city-
owned ocean rescue watercraft.
Law Enforcement
(a) Support legislation that strengthens a diverse local law enforcement.
(b) Support measures that would provide a greater share of seized assets to
localities and increased discretion for local spending.
(c) Support legislation that would allow for the destruction, confiscation, or
extended safekeeping of firearms or other deadly weapons involved in
domestic violence incidents.
(dl Support legislation that strengthens penalties for violent offendersL
including sentencing enhancements for violently resisting or brandishing
a weapon during the commission of a property-related crime.
{G}(e) Support legislation that strengthens penalties for individuals who commit
violent crimes as juveniles.
fe}ill_Support legislation that would increase accountability and transparency
among law enforcement agencies and personnel.
fB_(gl_Support legislation that encourages or mandates police training to
include mental health awareness, implicit and explicit bias and de-
escalation techniques.
(h)
Dec. 13, 2022
Support legislation and funding to continue the state Citizens' Option for
Public Safety (COPS) Program and federal Community Oriented Police
Services (COPS), and to provide funding for local agencies to recoup the
costs of crime and increase community safety.
18
Item #3 Page 20 of 101
fgt(i) Support legislation that strengthens penalties for participating in
sideshows or any coordinated effort to disrupt the use of public roads
and publicly accessible parking lots.
Drugs and Alcohol
(a) Support measures which strengthen present state or federal laws to
increase penalties and give local governments the power to restrict or
regulate the sale, manufacture, or use of dangerous drugs.
(b) Support legislation that discourages, prevents, and penalizes driving
under the influence of drugs or alcohol.
(c) Support legislation that enhanced local agencies ability to recover costs
from guilty parties for damage to public property and services in
accidents involving driving under the influence of drugs and/or alcohol.
(d) Support legislation that would provide funding for addiction
rehabilitation treatment.
(e) Support any measure that protects children and youth from exposure to
tobacco, second hand smoke and tobacco-and nicotine-related products.
(f) Support legislation that preserves local control over medical and adult-
use cannabis businesses, and enhances and protects maximum local
regulatory, land use, and enforcement authority in relation to such
businesses.
Homelessness
(a) Support funding and legislation that provides resources, including enriched
referral services, and outreach and case managers to help ensure local
governments have the capacity to address the needs of persons experiencing
homelessness in their communities, including resources for regional
collaborations.
(b) Support measures that provide resources to address the mental health needs
of persons experiencing homelessness.
(c) Preserve local control by increasing funding opportunities for housing
programs/projects that suggest, rather than require, compliance with the
Housing First model.
(d) Support legislation that creates streamlined protocols and metrics to be used
by homeless service providers and local agencies, providing more accurate
statistics of individuals experiencing homelessness, including in-flow and out-
19
Dec. 13, 2022 Item #3 Page 21 of 101
flow information, cost-reporting of services rendered, and
individuals successfully housed.
(e) Support measures that facilitate regional and city-driven solutions to
address homelessness through crisis response, mental evaluation,
and homeless outreach teams.
(f) Support the expansion of conservatorship laws allowing for increased
guardianship control and health supervision of those suffering from mental
illness and recognizing mental illness and addiction as contributors to chronic
homelessness.
Miscellaneous
(a) Support legislation that would assist local safety agencies in
regionalization of activities such as training, crime labs, specia lty
responses such as hazardous materials and technical rescue, and other
appropriate functions.
(b) Support legislation that provides financial assistance to local agencies for
Homeland Security.
(c) Support the enactment of legislation to prevent gun violence.
(d) Support measures to expand and fund mental health and social-
emotional health services, including the provision of such services and
safety education in schools.
(e) Support measures to provide resources to develop school safety
guidelines, conduct comprehensive school safety audits and maintain
continued vigilance and monitoring of safety matters in schools.
(f) Support legislation to eliminate restrictions on the collection and
compiling of data related to violence perpetrated with firearms, including
research into the causes and consequences of gun violence.
(g) Support measures to provide funding to support 911 communication
centers.
(hl
Dec. 13, 2022
Support measures to provide funding to support the San Diego Law
Enforcement Coordination Center, a collaborative partnership among
federal, state and local law enforcement/public safety agencies focused
on enhancing coordination, information sharing, regional preparedness,
training and investigative support/analysis for first responders and other
public.and private partners in the region.
20
Item #3 Page 22 of 101
fAt(i) Support legislation that provides financial assistance to local law
enforcement agencies for staff assigned to a regional anti-theft or human
trafficking task force.
7. Revenue and Taxation
(a) Support legislation that assists cities to enforce and collect local taxes.
(b) Support measures that protect the fiscal independence of cities and
safeguard existing revenue sources from preemption by any other public
agency
(c) Oppose any change in revenue allocations which would negatively
(current or future) affect local government, including the redistribution of
sales tax, property tax, transient occupancy tax and other taxes and fees.
(d) Support legislation that makes funds to support public facilities (i.e.,
buildings, roads, utilities, open space) more available to local
municipalities.
(e) Oppose legislation that attempts to eliminate the "pay first and litigate
later" provisions of law and oppose any bill that proposes to reduce or
eliminate the obligation of any online travel agency to pay transient
occupancy taxes under state or local law.
(f) Support measures which would strengthen cities' ability to reorganize
and consolidate water districts, sewer districts, school districts, and other
special districts that operate within or provide service to a city.
(g) Oppose federal measures which remove the deduction of all state and
local taxes for federal income tax purposes.
(h) Support measures that implement basic structural changes in state
government that result in state budget expenditures being brought into
balance with state revenues.
(i) Support measures which relieve taxpayers of the burden of paying for
services which could be charged directly to the service user, and which
simplify the process of establishing such fees.
21
Dec. 13,2022 Item #3 Page 23 of 101
(j} Support legislation that would provide greater accountability on the part
of counties for the distribution of funds back to municipalities, including,
but not limited to, fines and forfeitures.
(k) Support measures to reinstate flexibility in the administration of Article
Xlll-8 (The Gann Initiative), which establishes an annual appropriations
limit on the state and most local governments.
(I) Oppose any measure that restricts or limits a public entity's ability to use
tax exempt debt for the purchase or construction of public purpose
improvements.
(m) Oppose legislation that shifts state and county criminal justice costs to
cities.
(n) Oppose the use of the federal gas tax for federal debt reduction.
(o) Support legislation that streamlines permitting processes without
undermining the ability of local government to apply and be
compensated for the enforcement of reasonable building, planning and
fire protection standards.
(p) Oppose measures that propose significant economic changes without the
completion of a balanced, comprehensive economic analysis.
(q) Support funding and legislation that provides direct financial support
to cities to offset cost increases and lost revenues caused resulting
from a financial or public health crisis. or other declared State of
Emergency.by the COVID 19 pandemic.
"'"'(r...._) __ Support legislation that promotes regional collaboration on COVID 19
response efforts addressing the impacts of a financial or public health
crisis, or other declared State of Emergency, including funding to
support local businesses.
{ft(s) Support legislation that provides flexibility concerning the disposition
of municipally owned real estate assets to promote economic
development and other public purposes.
State Mandates
(a) Support legislation that would eliminate unfunded state and federal
mandates or would require timely reimbursement to cities.
22
Dec. 13,2022 Item #3 Page 24 of 101
(b) Oppose measures that would impose mandates for which there is no
guarantee of local reimbursement or offsetting benefits, or would shift
the cost of government services to cities.
(c) Oppose legislation that creates surcharges for state oversight of state
mandated programs.
8. Transportation, Communication and Public Works
Transportation
(a) Support measures that would increase the ability of local agencies to
finance local and regional transportation facilities and improvements,
including alternative modes of transportation and transportation demand
management systems and transportation systems management
initiatives.
(bl Support legislation that provides for safe, effective and efficient
transportation alternatives.
fe-}(c) Support funding and legislation that provides direct support to cities to
advance roadway safety through education, engineering and
enforcement.
(c) Oppose transportation proposals that would adversely affect the quality
of life in North San Diego County by causing traffic congestion, air
pollution or other problems.
(d) Encourage and support double tracking of the rail corridor within the City
limits in a manner that:
1. Improves public safety access and response times.
2. Eliminates or reduces existing at-grade rail crossings within the rail
corridor.
3. Improves local, regional, and coastal access for all travel modes (bike,
pedestrian, vehicle, transit).
4. Minimizes impacts to neighborhoods.
5. Maximizes community and neighborhood connections.
6. Protects and/or improves the economic vibrancy of surrounding
neighborhoods and the city.
7. Protects and/or enhances environmental resources.
(e) Oppose legislation that diminishes local control over the regulation and
deployment of micro-mobility solutions.
23
Dec. 13,2022 Item #3 Page 25 of 101
(f) Oppose measures that would result in the consolidation of the North
County Transit District and Metropolitan Transit System.
(g) Support measures that protect residents, businesses and visitors from
the adverse impacts of aircraft operating at McClellan-Palomar Airport.
(h) Oppose changes in aviation policies that would allow McClellan-Palomar
Airport to expand without authorization from the city.
(i) Support legislative and regulatory initiatives to study and mitigate the
noise and air quality impacts associated with air traffic overflights.
(j) Support measures that would increase local control over airports located
within municipal boundaries.
Public Works
(a) Oppose legislation that would erode or purport to erode a charter city's
ability to design, implement, determine wage rates or fund any and all
public works projects within its jurisdiction.
(b) Support funding and legislation that supports utilities undergrounding.
Contracts
(a) Support legislation prohibiting firms from bidding on City projects if the
firm is currently involved in legal proceedings against the City arising
from prior projects.
(b) Oppose measures that would eliminate state licensing requirements for
professionals involved in designing public and private developments.
(c) Support measures that would clarify the roles and responsibilities of
public agency officers and employees as related to the prohibition on
entering into or participating in making contracts in which they have a
financial interest.
Telecommunications
{a) Support legislation and regulations of telecommunications facilities and
services that:
Dec. 13, 2022
1. Maintain local control over the public right-of-way.
2. Provide just compensation for the use of right-of-way and overseeing
public service standards.
3. Ensure public, education, and governmental access is available,
equitable and affordable.
24
Item #3 Page 26 of 101
4. Provide free access for public information services and
announcements.
5. Maintain local control, including but not limited to discretionary
permits over wireless communications facilities.
6. Reinstates competition in the telecommunications industry.
7. Enhance access for all community members to fast, reliable,
affordable and high-quality internet, which can spur innovation and
help close the digital divide in California.
8. Support net neutrality to prevent internet service providers from
blocking, throttling, degrading, or providing for paid prioritization of
lawful content, applications, or services.
(b) Support legislation that requires cable television companies to assure
that audio and video portions of adult entertainment channels are
completely blocked 24 hours a day in the homes of non-subscribers.
(c) Oppose any measure or legislation that prevents local franchising of cable
television or video services, regardless of the technology used to deliver
the cable television or video services to the subscriber.
25
Dec. 13,2022 Item #3 Page 27 of 101
LEAGUE OF
CALIFORNIA
CITIES
Exh ibit 2
Summary of
Existing Policy and
Guiding Principles
MAY2022
Strengthening California Cities
through Advocacy and Education
Item #3 Page 28 of 101
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
LEAGUE OF
CALIFORNIA
CITIES
Mission Statement
To expand and protect local control for cities
through education and advocacy to enhance the
quality of life for al l Californians.
Vision
To be recognized and respected as the
leading advocate for the common interests of
California's cities.
We Believe
ii
■ Local self-governance is the cornerstone of
democracy.
■ Our strength lies in t he 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.
■ The spirit of honest public service is what
builds communities.
■ Open decision-making that is of the highest
ethical standards honors the public trust.
■ Cities are vital to the strength of the California
economy.
&ff..Cc~Eg02~.calcities.org
■ The vitality of cities is dependent upon their
fiscal stability and local autonomy.
■ The active participation of all city officials
increases Cal Cities' effectiveness.
■ Partnerships and collaborations are essential
elements of focused advocacy and lobbying.
■ 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 Ca lifornia
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 Western
City magazine.
To learn more about Cal Cities and how to be
involved, see inside back cover.
Item #3 Page 29 of 101
INTRODUCTION
Introduction
We are pleased to present the 2022 edition of the League of California Cities
Summary of Existing Policy and Guiding Principles. In a process that continues
today, the document was first prepared in 1997 by researching and summarizing
policy guidelines and positions on legislation adopted by Cal Cities, as well as Cal
Cities Annual Conference resolutions.
The 2022 edition was developed with the input of t he seven Cal Cit ies policy
committees and Cal Cities Board of Directors to ensure that the content
accurately reflects existing Ca l Cities policy. The content reflects policy changes
adopted by Cal Cities through February 2022, following the review of Ca l Cities
positions on legislation and annual conference resolutions. The document is posted
on Cal Cities website in its entirety, as well as relevant sections on individual policy
committee pages.
The Summary of Existing Policy and Guiding Principles is intended to be a living
reference, updated biennially, to reflect changes to Cal Cities policy. Cal Cities uses
the publication as a reference tool w hen reviewing legislation that is introduced to
determine how it relates to existing Cal Cities policy. We also encourage cities to use
this publication as a guide as they consider positions on legislation introduced at t he
state and federal levels that would impact cit ies.
We hope you w ill find the publication useful in your city's involvement in the
legislative process and Ca l Cities advocacy. Please do not hesitate to relay any
comments you may have about this reference guide to me or Melanie Perron,
Deputy Executive Director, Advocacy and Public Affairs, at mperron@calcities.org.
Your feedback is always welcome.
Carolyn M. Coleman
Executive Director and CEO
League of California Cities
April 2022
Dec. 13,2022 ClM.rlI l#!ES . ~d(!k:o:f eW:i-g I iii
SUMMARY OF EXISTING POLICY AND CiUIDINCi PRINCIPLES
Contents
Community Services .................................................... 2 Streamlining ............................................................................................. 17
SCOPE OF RESPONSIBILITY .................................................. 2 Coastal lssues ........................................................................................... 17
Summary of Existing Policy and Miscellaneous ........................................................................................... 17
Guiding Principles .............................................................................. 2
Animals .......................................................................................................... 2 California Water Guidelines ............................... 19
Arts, Cultural Resources, Historic Preservation and INTRODUCTION .......................................................................... 20
Activities ................................................................................................. 2 APPENDIX A. ................................................................................. 30
Child Care ..................................................................................................... 2 APPENDIX B: GLOSSARY ....................................................... 32
Children ......................................................................................................... 2
Park Bond Funds .................................................................................... 3 Governance, Transparency,
Public Parks/Recreational Facilities ............................................ 3 and Labor Relations ................................................. 38
Public Libraries ......................................................................................... 3 SCOPE OF RESPONSIBILITY ............................................... 38
Seniors ........................................................................................................... 3
Healthy Cities ............................................................................................. 3
Summary of Existing Policy and
Guiding Principles ........................................................................... 38
Labor Relations ..................................................................................... 38
Natural Disaster Preparation .......................................................... 3
Smoking and Tobacco Cont rol ....................................................... 3
Public Sector Pensions, Compensation
and Other Post-Employment Benefits (OPEBs) ....... 38
Environmental Quality ............................................... s CalPERS (California Public Employees'
Retirement System) ..................................................................... 40
SCOPE OF RESPONSIBILITY ................................................. 5 Workers' Compensation ................................................................... 41
Summary of Existing Policy and Other Employer and Employee Related Issues ................ 42
Guiding Principles .............................................................................. 5 Transparency ......................................................................................... 42
Ai r Quality .................................................................................................... 5 Open Meeting Law (Ralph M. Brown Act)
Climate Change ....................................................................................... 5 and Open Access to Public Records
Hazardous Materials .............................................................................. 7 (Ca lifornia Public Records Act) .............................................. 43
Solid Waste and Recycling ................................................................ 7 Political Reform Act ofl974 (PRA) ............................................. 43
Electronic Waste ...................................................................................... 9 Governance and Ethics .................................................................... 44
Household Hazardous Waste .......................................................... 9 Elections .................................................................................................... 44
Extended Producer Responsibility (EPR) ................................. 9 Recall Elections ..................................................................................... 44
Single-Use Plastics ................................................................................. 9 Elected Officials .................................................................................... 44
Energy and Utilities ............................................................................. 10 Legal Issues ............................................................................................. 45
Community Choice Aggregation .................................................. 11 Data and Privacy Protection ......................................................... 45
Microgrids .................................................................................................... 11 Housing, Community, and Economic
Electric Industry Restructuring ..................................................... 11 Development ..................................................................... 46
California Environmental Protection Act (CEQA) ............. 14 SCOPE OF RESPONSIBILITY ............................................... 46
PROCEDURES AND NOTICES .............................................. 14 Summary of Existing Policy and
Definition of a Project ........................................................................ 16 Guiding Principles ........................................................................... 46
Significant Environmental Effect ............................................... 16 Planning and Zoning ......................................................................... 46
Alternatives ............................................................................................... 16 Housing Element ................................................................................. 47
Item #3 Page 31 of 101
Housing Finance ................................................................................. 47
Economic Development ................................................................. 47
Eminent Domain .................................................................................. 48
Tenant Protections ............................................................................. 48
Subdivision Ma p Act .......................................................................... 48
Residential Care Facilities ............................................................... 48
Development Fees .............................................................................. 48
Annexation and Incorporation .................................................... 49
Development Agreements ............................................................ 49
Building Standards ............................................................................. 49
Housing for Homeless ...................................................................... 49
Military Base Closure and Reuse ................................................ 50
Mobile Home Regulation ................................................................ 50
Sign Regulation .................................................................................... 50
Principles for Smart Growth ......................................................... 50
Residential Insurance Policy ........................................................... 57
Public Safety ....................................................................... 52
SCOPE OF RESPONSIBILITY ................................................ 52
Summary of Existing Policy
and Guiding Principles ................................................................. 52
Fire Services .............................................................................................. 52
Emergency Services and Preparedness ................................. 52
Law Enforcement ................................................................................. 53
Mental Health/Substance Use Disord er ................................ 54
Police Use of Force .............................................................................. 54
Drones ......................................................................................................... 54
Fireworks .................................................................................................... 55
Wildland Urban Interface ............................................................... 55
Nuisance Abatement ......................................................................... 55
Violence ....................................................................................................... 55
Indian Gaming ........................................................................................ 55
Gaming ....................................................................................................... .56
Alcohol ........................................................................................................ 56
Cannabis Regulation ......................................................................... .56
Graffiti .......................................................................................................... 57
Dec. 13,2022
TABLE OF CONTENTS
Sex Offender Management ............................................................ S7
Corrections ................................................................................................ 57
Firearms ...................................................................................................... 57
Miscellaneous .......................................................................................... 57
Revenue and Taxation ............................................. 58
SCOPE OF RESPONSIBILITY ............................................... 58
Summary of Existing Policy and Guiding Principles ..
58
Cities and Ca l Cities ............................................................................ 58
Legislature or the Voters .................................................................. 59
State Mandates ...................................................................................... 59
Additional Revenue ............................................................................. 59
Reduce Competition ......................................................................... 60
Funding for Counties ......................................................................... 60
Regional Revenues .............................................................................. 61
Revenue Modernization ................................................................... 67
Federal Streamlined Sales and Use Tax Agreement
(SSUTA) .................................................................................................. 67
Federal Legislation Requiring Use Tax Collection ............ 62
Transportation, Communications,
and Public Works .......................................................... 63
SCOPE OF RESPONSIBILITY ............................................... 63
Summary of Existing Policy
and Guiding Principles ................................................................. 63
Transportation ........................................................................................ 63
Public Works ............................................................................................ 65
Micromobility ......................................................................................... 66
Vehicles ...................................................................................................... 66
Contracts ................................................................................................... 66
Telecommunications ......................................................................... 67
Plain Old Telephone System (POTS): ....................................... 68
Air Pollution ............................................................................................. 69
lt~<ltllES · ~lilofi:001,rg I 1
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
SCOPE OF RESPONSIBILITY
The Committee on Community Services reviews
issues related to childcare, parks and recreation,
libraries, cultural arts and community and human
services programs.
Summary of Existing Policy and
Guiding Principles
Animals
Cal Cities supports 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 Activities
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 activit ies affect the social hea lth
and economic vitality of cities.
Child Care
Cal Cities supports the creation of more affordable,
innovative, and quality parks and recreation,
as well as 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 I c:9(t4:j]#Es02iww.calcities.org
Children
Ca l Cities believes that the children of California
must be recognized as our state's most valuable
resource. Their development, education, and well-
being are key to our state's future. Fu rther, it is
essential that each child have the support needed
to become a productive citizen in the world of
t he 21st century. This involves supporting diverse
before-and after-school programs and creating
stronger linkages between municipal services and
school-based job training programs in order to
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 anti-
bullying efforts across California as well as provide
education and awareness to the general public
about the imminent healt h and safety concerns
for bullied children, especially those with special
needs.
Ca l Cities supports increasing opportunities
for California's youth to participate in civic
engagement activit ies.
Item #3 Page 33 of 101
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/Recreatio-'al Facilities
W hile 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 defibrillators during
pool operations.
Public Libraries
Cal Cities supports full funding of the Public
Library Fund so that the State of Ca lifornia can
fully fund it s 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 t he 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.
Seniors
Cal Cities encourages cities to recognize seniors
as a va luable state resource and to develop and
improve intergenerational programs and activities.
Dec. 13, 2022
COMMUNITY SERVICES
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 promot e physical activity.
Ca l 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 d isaster 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.
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
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
local laws that are stronger than the statewide
standard or to regulate in areas not covered in the
statewide standard. Cal Cit ies 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; believes that t he 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 t hat 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 li censing
program. Cal Cities also supports legislation
designed to restrict the sale of illegal, counterfeit
tobacco products.
Note: Co/ Cities will review new legislation to determine how it
relates to existing Col Cities policies and guiding principles. In
addition, because this document is updated every two years
to include policies and guiding principles adopted by Col Cities
during the previous two years, there may be new. evolving policies
under consideration or adopted by Col Cities that ore not reflected
in the current version of this document. However, all policies
adopted by Col Cities Boord of Directors or Col Cities General
Assembly become Col Cities policy and ore binding on Col Cities,
regardless of when they ore adopted and whether they appear in
the current version of "Summary of Existing Policies and Guiding
Principles."
4 Item #3 Page 35 of 101
ENVIRONMENTAL QUALITY
Environmental Quality
SCOPE OF RESPONSIBILITY
The Committee on Environmental Quality
reviews issues related to air, water and water
quality, climate change, CEQA, integrated waste
management, hazardous materials, coastal
issues, energy, and utilities.
Summary of Existing Policy and
Guiding Principles
Air Quality
Ca l 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 t he authority
to establish local air quality standards and
programs that are stricter t han 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 t he land use authority of cities.
Cal Cities supports the requirement that both
public and private diesel garbage t rucks be
retrofitted to reduce the amount of particulate
matter pollution emitted from the trucks. (See also
Integrated Waste Management Section below.)
Dec. 13,2022
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 t he Global Warming Solutions Act of 2006
(AB 32 (Nunez), Chapter 488, Statutes of 2006)
California has embarked on a plan that requires
t he reduction of greenhouse gas emissions to
1990 levels by 2020. Although uncertainty remains
about t he pace, distribution, and magnitude of
the effects of climate change, Cal Cities recognizes
the need for immediate actions to mitigate the
sources of greenhouse gas emissions and has
adopted the following principles:
■ 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.
■ 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.
~ES · ~.ailcifiil:€librg I 5
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
6
■ Green Technology Investme nt 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.
■ 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.
■ Green Building Guidelines. Ca l 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
d ifferent green building strategies. Additionally,
Cal Cities encourages cities to adopt volu ntary
residential green building guidelines as a
reference guide, to eva luate available green
building programs and adopt those best
suited for their communities, and to explore
incentives that encourage green building by
private developers of residential construction
projects.
■ Increase the Use of Clean Alternative Energy.
Promote the use and purchase of clean
alternative energy through the developm ent of
renewable energy resources, recovery of landfill
methane for energy production, and waste-to-
energy technologies.
■ Reduction of Vehicle Emissions in Public
Agency Fleets. Support t he 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 fl eets.
~cc hlEs02~.ca lcities.org
■ Climate Change Impacts. Encourage all levels
of government to share information to prepare
for climate change impacts.
■ Coordinated Planning. State policy should
encourage and provide incentive for cities to
coordinate and share planning information
wit h neighboring cities, counties, and other
governmental entities so that t here are agreed
upon regional blueprints and strategies for
dealing w ith greenhouse gas emissions.
■ 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.
■ Recycled Content and Green Purchasing
Policies. Encourage the adoption and
implement ation of recycled content and
green procurement policies, if fitness 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.
■ Environmental Standards. Cal Cities supports
flexibility for state and local governments to
enact environmental and other standards or
m andates that are stronger than the federal
standards. However, Cal Cities reserves
the right to question or oppose stronger
standards on the merits. Ca l Cities also opposes
legislation that prohibits state and local
governments from enacting stricter standards.
Ca l 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.
Item #3 Page 37 of 101
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, Ca l Cities
supports t he provisions of existing law that permit
a local fire department to adopt stronger local
requirements, as long as it complies with specified
procedures to enact such stronger local 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 7082 program and opposes
legislation or regulations to restrict such authority.
Cal Cities opposes any efforts to restrict the ability
of cities to issue building or other permits they
are now authorized to issue relative to hazardous
materials laws.
Cal Cities opposes any proposals that 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
materials ordinances. However, Ca l Cities does
not object to legislation that makes such posting
voluntary.
Dec. 13,2022
ENVIRONMENTAL QUALITY
Cal Cities supports the following principles related
to Brownfields Revitalization:
■ 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.
• 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.
• The clean-up level of a project should be based
on its proposed use (i.e., parking garage, as
opposed to residential development).
• Mechanisms, such as restrictive covenants of
deed restrictions, need to be in place to ensure
that if a future use for a property is different
than that which was proposed when the site
was cleaned up, that the clean-up levels be
re-evaluated and additional remediation be
required before the new use can be approved.
■ Local agencies do not have the desire or
generally the expertise to do the technical
evaluation for site assessment and remediation
plans. Appropriate state agencies should have
that responsibility.
■ If a property owner plans to develop the site,
then the owner should be required to do the
necessary site assessment and clean up.
~ES · Pag&.a81cifiiHlibrg I 7
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Solid Waste and Recycling
Cal Cities supports continued efforts by local
agencies to meet the 25% and 50% recycling
and diversion provisions of the Integrated
Waste Management Act ofl989 (AB 939) and
believes that decisions on how to achieve those
requirements are best determined at the 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 hea lth and safety criteria
established by the California Integrated Waste
Management Board (C IWMB), now the California
Department of Resources Recovery and Recycling
(Cal Recycle).
Cal Cities continues to support legislation
to provide changes to AB 939 (the California
Integrated Waste Management Act) that w ill:
• Place more emphasis on the implementation
of waste diversion programs and less strict
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;
• Encourage the development of non-burn
transformation technologies by providing full
diversion credit for the waste that jurisdictions
send to non-burn transformation facilities;
• Require the board to expand its market
development activities, including providing
8 I ~Cc fl-1Es02~w.calcities.org
more funding for research and development of
markets for recyclable materials; and
• 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. Ca l 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
Item #3 Page 39 of 101
Agency if t he 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
environment al j ustice 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 t he local level
through the local land use and public hearing
process and through existing federal and state
policy.
W hile Cal Cities supports the retrofit of public
and private d iesel-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 w ith
the existing franchise relationship bet ween local
government s and haulers or would impose a
surcharge on landfills.
Cal Cit ies supports leg islation and reg ulation
that authorizes t he land application of biosolids
that meet specified statewide healt h and safety
standards. Ca l Cities supports legislation t hat
perm its enactment of stronger local ordinances
only if they are based upon protecting public
health and safety and good science. Cal Cities
opposes legislation t hat preempts outright
stronger local ordinances, regardless if t hey are
based on protect ing public health and safety and
good science.
Electronic Waste
Ca l Cities supports legislation implem enting
the concept of manufacturer responsibility for
electronic waste (e-waste). Th is 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
or fund comprehensive, extended producer
responsibility programs. Such programs should
Dec. 13,2022
ENVIRONMENTAL QUALl1Y
req uire products to be sustainably designed and
labeled, offer financial incentives to consumers to
properly d ispose of e-wastes, encourage recycling,
reuse and collection programs by manufact urers,
incentives to consumers to redeem or recycle
e-waste, and fund a convenient collect ion
infrastruct ure.
Cal Cities supports statewide and manufact urer
education program s to educate consumers about
e-waste and recycling efforts.
Cal Cities supports an advance disposal fee on
computer and other electronic products in order
t o fund such manufact urer responsibility programs
and local collection and recycling programs.
Ca l Cities supports nat ional effort s to address t he
e-waste problem.
Household Hazardous Waste
Ca l Cities opposes legislation t hat requires local
jurisdictions to collect household hazardous
waste in a specific collection manner, including
mandatory curbside collection.
Extended Producer Responsibility (EPR)
Cal Cities supports legislatio n implementing
producer responsibil ity. This includes, but is not
limited to, mandating or providing incentives
including funding for com prehensive producer
responsibility program s for hazardous and
universal wastes and products and packaging for
w hich disposal or recycling is problemat ic for loca l
governments.
Single-Use Plastics
Cal Cities supports reducing t he 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 t he waste generated from single-use
plastics, such as plastic st raws.
~#13ES · ~.cWccifiil€l~rg I 9
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Single-Use Carryout Bags: Cal Cities supports
in concept legislation that charges a fee for all
consumers for single-use carryout bags at the
point of sale; however, Cal Cities does not have
a position on the amount of the fee except that
it should be set to modify consumer behavior.
Cities should be eligible for moneys generated
from any fee placed upon single-use carryout
bags, provided those dollars are used by the city
to mitigate the effects of 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
cit ies by single-use carryout bag fees should be
streamlined, simple, and not overly burdensome.
Cal Cities supports CEQA exemptions for single-
use carryout bag bans or a programmatic EIR.
Cal Cities opposes any bill that would preempt
local governments from individually banning
or placing a fee on single-use carryout bags
distributed within the city.
Energy and Utilities
Cal Cities supports the constitutional right
of municipal utilities to operate outside the
j urisdiction 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.
Cal 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.
Cal Cities supports the prohibition of passing
through the costs of fines and penalties incurred
by electrical and gas corporations to ratepayers.
10 I ~~GitA~22www.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
t ransfer 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:
■ 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.
■ Cal Cities does not object to fair exit fees to
avoid cost-shifting for customers that were
actually served by an investor-owned utility.
■ Exit fees should consist of payments of a fair
share of the DWR bond costs, a fair portion of
the IOU under collections, and a fair share of
the remaining amount of the CTC (competition
transition charge, leftover from AB 1890).
■ Exit fees should not be charged to newly
annexed municipal utility territory that
was never served by an IOU (so-called
"greenfields").
Item #3 Page 41 of 101
• In addition, Cal Cit ies believes photovoltaic
systems should be completely exempt f rom
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
• Local Energy Autonomy: Cal Cities supports
programs that increase local control over t he
purchase and development of renewable
energy resources, as an effective m eans of
increasing consumer access to renewable
energy at stable, competitive rates, and
decreasing statewide g reenhouse 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 t hat support CCA autonomy in
policymaking and decision-m aking 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.
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 m unicipal or other
publicly owned utilities. Cal Cities supports
legislation and regulatory policies that protect
CCA customers from improper cost allocation. Cal
Dec. 13,2022
ENVIRONMENTAL QUALITY
Cities opposes legislation that conflicts with or
diminishes CCA procurement autonomy.
• Energy Efficiency: Cal Cities supports effective
leveraging of energy efficiency programs
tailored to address local needs and concerns.
Microgrids
Ca l Cities supports the use and deployment of
microgrids, especially as a tool to aid energy
resiliency and disaster preparedness.
Electric Industry Restructuring
Ca l Cities supports the restructuring of the
electricity services industry, provided it meets the
following criteria:
• Support the Concept. Ca l Cities of California
Cities supports the concept of electric industry
restructuring if it resu lts in lower electricity
rates t hat continue permanently into the
future. Cal Cit ies 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.
• Equitable Benefits. Any restructuring program
should result in all ratepayers directly sharing
in the benefits eq uitably.
• Municipal Utilities. Any restructuring program
should maintain the concept of municipal
utilities. No restructuring proposal should
abridge the existing authority of municipal
utilit ies to operate or abri dge the ability of
cities to form municipal utilities in the future.
• Franchise Authority. Cities should cont inue to
have the authority to issue franchises and any
program should be at least revenue neutral-
relative to revenue currently received from
franchises.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Aggregation. Under any restructuring program
agreed upon by the PUC or the Legislature,
cities 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.
■ 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).
■ Wheeling. Any program should facilitate the
wheeling of electricity between generators and
users.
■ 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.
■ 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.
■ 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 t hat are aggregators should
be required to follow the same consumer
protection st andards as other aggregators, that
participation in aggregation by an electricity user
should be voluntary, and that cities should have
the opportunity to serve as aggregators for their
municipal operations or for those residential or
12 ~jiJ.-diii~2'2www.calcit ies.org
commercial customers who w ish 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
t hat 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-of-
way, franchises, taxing utilities and services, or to
aggregate.
In response to the energy crisis of 2001, Ca I Cities
adopted the following principles related to energy:
■ Land Use Control. Local control over land
use should be inviolate. Cal Cities w ill 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 t he impacts of escalating
energy prices on the overall economic health
of our state, including city budgets. Although
at this time Cal Cities will not get involved in
individual bill s dealing with technical aspects
of pricing, Ca l 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 operationa I constraints of
some businesses and thus their potential
Item #3 Page 43 of 101
inability to take advantage of conservation
pricing. Thus, the state should provide
other incentives to conserve to businesses
t hat cannot take advantage of other
options.
■ Conservation in City Facilities. Support
legislation that provides direct funding for
conservation and demand reduction projects
in city facilities.
» Work to obtain the greatest level of funding
for local governments, and work with all
authors and the Administration in crafting
legislation that will be most effective and
beneficial to local governments.
■ Siting Energy Facilities-Incentives to Local
Governments. Funding 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.
» The state should provide additional
financial assistance to cities and counties
for such projects, which could include the
cost of transmission line extension.
Dec. 13,2022
ENVIRONMENTAL QUALITY
» Cal Cities will work to ensure that there are
no negative impacts on municipal utilities
from efforts to streamline energy facility
siting.
• 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 SO 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 comment-
related 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).
■ 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, Ca l 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 p lant may result
in increased hot or salty cooling water
discharged from a power plant into a bay
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
oiert11#~s · ~ofe'l;OO:g 1 13
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
the increased water pollution that would
resu lt. 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.
■ 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 t o
ensure the provisions are drafted properly.
» Cal Cit ies should not support legislation
that would give up t he existing, lim ited
authority of cities to regulate cable and
telecommunications companies as a trade-
offto make it easier to form a municipal
electric ut il ity.
■ Interruptible Rates. Ca l Cities should take no
position on legislation dealing with changes
to interruptible rates but should watch t he
subject ca refully.
)> Ca l 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.
■ 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 t hese bills. However, Cal
Cities should work with police and fire chiefs
to ensure that police and fire facilities are
appropriately protected either legislatively or
14 I ~!a.i-<hl-AiW22www.calcities.org
administratively, if proposals move ahead to
expand the range of exempted faci lities.
» Ca l Cities should seek legislative or
administrative resolution giving advance
notification to those businesses, such as
some agricult ural 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/
wastewater) to purchase new or replace
existing backup generators that are more
energy-efficient and less polluting.
■ 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 wholesa le price caps on electricity.
This is a mixed bag and Ca l Cities should stay
out of the issue.
■ Price Gouging by Electricity Suppliers. Cal
Cities should send a letter to the Governor and
Attorney General supporting their ongoing
efforts to determine w hether 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
■ Fair Argument Test. Cal Cities strongly opposes
the elimination of the fair argument test as
the threshold for determining whet her to
prepare an Environmental Impact Report (EIR).
There are a number of other reforms t hat 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.
Item #3 Page 45 of 101
■ Master EIR Funding. Cal Cities strongly
supports the development of a funding ,
source for Master El Rs. Both of the proposals
contained in t he Little Hoover Commission
report would meet the needs of cities.
■ Exemption for Modified Project Renewals.
Ca l Cities opposes exempting the renewal
or reissuance of a permit, license, or other
entitlement w here t here is a change in t he
project.
■ Centralized Responsible Agency Notification.
Cal Cities opposes shifting t he responsibility
to notify responsible agencies from t he lead
agency t o the State Clea ring House. Cal Cities
opposes m aking 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 com menting on projects.
■ Responsible Agency Documentation. Ca l Cit ies
supports requiring t hat Responsible Agency
com ments be supported by specific referenced
docum entation.
■ Substitution of Environmental Impact
Statements. Cal Cit ies opposes allowing
an Environmental Impact Statement to be
subst ituted for an Environmental Impact
Report in any situation ot her than military base
closures because t he Natio nal Environmental
Policy Act does not contain CEQA's duty to
mitigat e.
• Duty to Respond to Comments. Cal Cities
opposes shielding lead agencies from
responding to comments received more than
30 days after a Notice of Preparation (NOP) or
received verbally.
• Timelines for CEQA Contracts. Cal Cities
supports elim inating subdivision (b) of
Public Resources Code Section 27157.5, which
mandates the timeline for entering into CEQA
contracts.
Dec. 13,2022
ENVIRONMENTAL QUALITY
• Arbitration of Disputes. Cal Cities supports
adding an arbitration opt ion to the
requirement t hat each county over 200,000
designat e a "CEQAjudge." Among the issues
that w ill need furt her refinem ent are whether
an alternative d ispute resolution process
should be a condit ion precedent to litigation,
whether t he alternative dispute resolution
process would be binding on participants, and
how to limit the alternative dispute resolution
p rocess to CEQA adequacy issues rather than
community mitigat ion issues.
• Good Faith Settlements. Cal Cities supports
discouraging lawsuit s t hat have litt le merit by
(l) eliminating t he application of a multiplier
analysis to the amount of attorney's fees
awarded in a lawsuit that is subject to a
settlem ent agreement; and (2) by precluding
the adoption of measures or project condit ions
as part of a settlem ent agreement that
do not mit igate a significant effect on t he
environment.
• Recirculation Standards. Cal Cities supports
raising the t hreshold for recirculation of El Rs
so that only new "significant unavoidable
impacts" would necessitate recirculation.
• Basis for Statements of Overriding
Considerations. Ca l Cit ies supports clarifying
that the basis for Statements of Overrid ing
Considerations is informat ion cont ained in the
record.
■ Compliance with Local Public Notice
Requirements. Ca l Cit ies supports legislation
to require all project s proposed by state or
local public agencies, including universit ies,
community colleges, schools, counties, cities,
and special districts, to comply with the
ident ical local public notice requirements t hat
would be applicable to projects sponsored by
private developers in t he jurisdiction w here the
project is located.
ci.terti11r1:s · ~6::ofel;Qftg 1 1s
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Tolling Agreements. Ca l 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.
■ 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 (7)
the full costs of concurrent preparation and
electronic posting as determined by the lead
agency are paid for by the applicant o r other
member of the public w ho requests these
processes; and (2) a lead agency that is unable
to comply with such a request because of
either a lack of personnel or technological
capability is not required to provide these
processes.
■ Court Remedies. Cal Cities supports legislation
that would clarify a court's ability to fashion
a remedy that is specific to the project and
limited to only those aspects of t he project
held invalid under CEQA.
Definition of a Project
■ Effect on the Environment. Cal Cities supports
narrowing the definition of "project" to prevent
CEQA lawsuits on non-environmental matters.
■ School Operations Exemption. Cal Cities
supports exempting any school closure or
student transfers from CEQA.
■ 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 to
infill and nonindustrial.
Cal Cities supports legislation that exempts publi c
works projects, within the existing right-of-way,
16 ~~l-&q~ e?!P:2 '2www.caleities.org
from CEQA if approved by the city in which the
project takes place.
Significant Environmental Effect
■ Significance Thresholds. Ca l 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.
■ Safe Harbor. Cal Cities supports the concept
of "safe harbor," which means t hat 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.
• 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.
■ 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.
Item #3 Page 47 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
■ Statement of Overriding Considerations. Cal
Cities supports t ransparency in CEQA decision-
making but opposes a public comment period
for the notice of draft Statement of Overriding
Considerations.
Alternatives
■ Alternative Site Requirement. Cal Cities
supports eliminating the alternative site
requirement for all private projects.
■ Level of Detail. Cal Cities supports requiring
that projects of statewide, regionwide, or area-
wide significance describe at least two feasible
project alternatives with a level of detail equal
to the proposed project.
■ No Project Alternative. Ca l Cities opposes the
elimination of the "no project alternative."
■ Environmental Impact Report {EIR). Ca l Cities
opposes t he elimination of the fair argument
test as t he 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 d ecisions.
Cal Cities supports prohibiting the expansion of
offshore oil and natural gas production along the
California coast.
Dec. 13,2022
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 onshore 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 w ith the authority of
other regulatory agencies, such as regional water
quality control board s 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
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
the implementation of Mitigation Monitoring
Programs.
Cal Cities supports the right of cities to serve as
lead agencies for the purposes of t he 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 j udicial
interpretations of the Fifth Amendment of the U.S.
Constitution.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ 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.
■ 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
developed by others but not approved by the local
government.
18 ~Iii.~ .. @~e>4)12www.calcities.org
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 t he Legislature
and the Governor to address the devastating
environmental impacts of il legal marijuana
grows on both private and public lands and the
associated threats to public safety. Cal Cities
supports the creation of responsive solutions w ith
adequate fund ing support and effective State and
federal government leadership to address this
widespread problem.
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 eve,y two years
to include policies and guiding principles adopted by Cal Cities
during the previous two years, there may be new, evolving policies
under consideration or adopted by Cal Cities that are not reflected
in the current version of this document. However, all policies
adopted by Cal Cities Board of Directors or Cal Cities General
Assembly become Cal Cities policy and are binding on Cal Cities,
regardless of when they are adopted and whether they appear in
the current version of "Summary of Existing Policies and Guiding
Principles."
Item #3 Page 49 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
LEAGUE OF CALIFORNIA CITIES
California Water Guidelines
FEBRUARY 2010
TABLE OF CONTENTS
I. California Water: General Principles .................................................................................... 20
II. Water Conservation ......................................................................................................................... 21
Ill. Water Recycling ................................................................................................................................ 22
IV. Water Quality ...................................................................................................................................... 22
V. Areas of Origin ................................................................................................................................... 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. NewTechnology ............................................................................................................................... 29
XIV. Financial Consideration s ............................................................................................................ 30
XV. Appendix A: Water Quality Improvement Initiative (2008) ................................. 30
XVI. Appendix 8: Glossary ..................................................................................................................... 32
NOTE: The League of California Cities most recently updated and revised the California Water
Guidelines in 2070. The effort began in 2008 with the formation of the Water Task Force.
which was comprised of members from Col Cities 76 Regional Divisions and all interested
city officials. After months of meetings and conference calls, the Water Task Force submitted
the California Water Guidelines revisions to the Boord of Directors. Upon formal adoption
by the Boord, the California Water Guidelines where incorporated in the Environmental
Quality Policy Committee's scope of responsibility. For additional information. please see the
California Water Guidelines introduction on the following page.
Dec. 13, 2022 c1te~1m s · vP-&-gec:SO:oful@>lg 1 19
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Introduction
The California Water Guidelines were first
adopted by the League of California Cities
(Cal Cities) in 1988. Cal Cities and the County
Supervisors Association of California (CSAC)
developed the guidelines. Together, at the time,
the two organizations represented 58 counties and
449 cities.
Much has changed in the realm of water policy
in the more than 20 years that have passed since
the Guidelines were first adopted. The number of
counties has remained at 58, but California has
gained an 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 t he 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 t he 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 Ca l 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 Cities 16 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 I ~ i~1e§2-2www.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 t he 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
Ca lifornia. 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.
I. CALIFORNIA WATER: GENERAL
PRINCIPLES
1. Water needs are projected to increase
significantly in t he future. While water is
a renewable resource, it is also a finite one.
2. Cal Cities supports the development
of additional g roundwater 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
(I RWM P) process.
Item #3 Page 51 of 101
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 stat e and federal governments.
Communication and cooperation among
policy groups w ith 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 inst ream 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.
II. WATER CONSERVATION
1. Statewide Goal. Cal Cities supports the
development of a statewide goal to
reduce water use by 20% by 2020 through
the implementation of fair and equitable
measures consistent with these principles.
2. Statewide Effort. Accomplishing water
conservation and water use efficiency
goals will require statewide action by
Dec. 13,2022
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
t ransparency 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
w ith 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
w ith 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
out lining its conservation plan.
~rtll#fEs · ~ltofeioo:g 1 21
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
7. Urban Water Conservation and Water
Use Efficiency. In urban areas, Cal Cities
advocates for the implementation of
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 Resource-
Efficient 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.
Ill. 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 acre-
feet/year (afy) by 2020 and by at least two
million afy by 2030.
2. Potable water should include as much
use of reclaimed water and water
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 I ~ ~Ai1~§l22www.ca lcities.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 clean-
up strategies targeting sources of
pollution, rather than in-stream or end-
of-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
w ith 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.
Item #3 Page 53 of 101
ENVIRONMENTAL QUALITY: CALI FORN IA WATER GUIDELI NES
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 t hat
recognize the unique and varied
nature of stormwater. Basin plans
need to recognize the unique and
varied nature of stormwater, both wet
weather and dry 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.
Dec. 13,2022
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 c ity 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
d ifficulties 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
p roviding increased funding to local
government for implementation.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
c) Cal Cities supports the implementation
ofTMDLs through alternatives to the
NPDES permits, consistent with the
Clean Water Act and policy, such as
Memorandums of Agreement between
local governments and the water
boards.
6. Water Quality Recommended
Legislation/Policies
a) Ex-Parte Communication. Cal Cities
supports public access to decision-
makers, including during the time
that new proposed permits and
permit terms are being proposed.
Cal Cities also supports access to
pending permitees outside of the
administrative process.
b) Maximum Extent Practicable (MEP). Cal
Cities supports legislation to define
MEP.
e) Economic Analysis. Cal Cities su.pports
legislation to develop economic
protocols and guidelines to assist local
government and the water boards in
determining reasonably achievable,
cost-effective, and environmentally
sound regulations, as 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 d ischarge permits.
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
7. General Water Quality Guidelines
d) Mandatory Minimum Penalty (MMP).
Cal Cities supports legislation to
modify the MMP provision of the
existing law to make them fair and
equitable for local governments.
This would include 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 I ~ ih1E§2.2www.calcities.org
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.
Item #3 Page 55 of 101
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 Davis-
Grunsky 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.
Dec. 13,2022
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 f ishery and wildlife
resources, adjacent lands, water quality,
and recreation.
VII. CONVEYANCE SYSTEMS
1. Statewide
a) Conveyance facilities including, but
not limited to, the Sacramento River,
whether man-made or natural, should
be constructed and/or operated
to minimize seepage and erosion
problems and, where 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
cAte~llBS · ~SlfaiciM.6ilg 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 I ~ e~,~~2-2www.calcities.org
State Water Project's impacts on the
Delta fisheries and other ecological
concerns in the Bay-Delta estuary,
w hich are shown to be adversely
affected by the proposed transfer
facilities.
c) Implementation of an integrated
program of rehabilitation and
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 reg ion.
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
Item #3 Page 57 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
to protect the environmental health of
the Bay-Delta system. Pollution from
point and non-point sources into the
Bay and Delta shall be controlled as
stringently as p racticable.
i) Programs and facilities to assure safe
drinking water for importing regions
d ependent on the Delta should be
supported.
j) The SWRCB should assure continued
m onitoring for contaminants in the
Delta.
VIII. FLOOD MANAGEMENT
1. Cal Cities believes that our cit izens 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 managem ent is a statewide issue,
involving flood infrastructure issues
related to levees, urban/suburban/rural
creeks, stream s 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 t he local o r 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 consid er t he
differences between infill development
and new, greenfield development.
6. The public safety and health of California
citizens and the economic health of
Dec. 13,2022
California communities and our state
depend upon good flood protect ion.
This includes the potentially devastating
impacts of floods on homes and
businesses.
7. Cal Cities supports efforts to improve
communication, cooperation, and better-
coordinated planning b etween d ifferent
government agencies involved in flood
management. Cal Cities believes that
there must be a genuine partne rship
between state and local agencies in
addressing f lood control issues.
8. Cal Cities believes cities must ask t he right
questions and have t he means to obtain
accurate information prior to approving
development in floodplains. This involves
educating elect ed 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
t hat provide f lood protectio n, emergen cy
response, and evacuation prot ocols, and
how their city would be impacted by
flooding.
9. Cal Cities believes that city officials should
understand that a 700-year flood zone
does not mean a low, once-in-700-years
risk of flooding. Th e designation actually
m eans that there is a 7% chance of
flooding in any given year. This translat es
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 t he 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
c~mt1ss · ~Sl8ioM.eil9 1 21
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
the CEQA Checklist and General Plan
Guidelines and building codes.
12.The state, Army Corps of Engineers
(ACOE), and Federal Emergency
Management Agency (FEMA) should
work collaboratively with state and local
governments regarding flood issues.
IX. GROUNDWATER
1. The SWRCB, t hrough 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 contro l boards) working
cooperatively should be responsible
for and involved in developing and
implement ing basin-wide groundwater,
basin management plans should be
supported. The plans should incl ude,
but not be limited to: a) protecting
groundwater quality; b) identifying
means to correct groundwater
overdraft; c) 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
should be supported.
5. State and federal involvement, if
requested, in developing groundwater
28 I ~ tPf1E§2..2www.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 wild life habitat s, resources,
and their beneficial uses, including
recreational and commercial uses,
should be supported. Where feasible,
enhancement offish and wildlife habitats
should be provided.
2. Water projects shall mitigate adverse
impacts on fish and wild life resources.
Mitigation measures shall be on-
site, if feasible; otherwise, as close
as practicable to the area of adverse
impact. Where practicable, such projects
should incorporate programs designed
to eliminate unnecessary barriers or
impediments to f ish migration, stabilize
areas of streamban k erosion, increase
Item #3 Page 59 of 101
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.
XI. DRAINAGE
1. Agricultural Drainage
a) Finding long-t erm, economically
feasible, and environmentally
sustainable solutions to agricultural
drainage problems is essent ial and in
t he 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
agricultu ral drainage; and
» Water quality for public
consumpt ion. 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 'pra ctices and
conservation; b) evaporation ponds; c)
deep-well injection; and d) desalination
and other treatm ent technologies.
An equitable cost-sharing formula for
implementing solutions t o existing and
future d rainage problems shall include
state and federal governments and
irrigation project beneficiari es.
3. Other (Run-Off)
a) Finding safe and environm entally
acceptable solutions to problems
caused by run-off from non-po int
Dec. 13,2022
sources is essential and in the public
interest.
b) Similarly, finding safe and
environment ally 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.
XII. RECREATION
1. Water development projects should
minimize adverse impacts to existing
recreational uses and provide new
recreational opportunities w here 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 w ith wat er 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.
XIII. NEW TECHNOLOGY
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. Public-
private 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.
cAteantBs · ~400ioM.6flg I 29
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
XIV. FINANCIAL CONSIDERATIONS
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-privat e
partnerships, and user fees sh ould 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 t o
provide funding for stormwater,
water, and wastewater programs,
including a constitutional amendment
or legislation w hich 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 w ith
regard to local governments needs to
be involved in the appropriate city with
regard to how the city w ill pay for the
new regulatory burden imposed by the
agency.
30 I ~ ih1f§2.2www.calcities.org
Appendix A
State Water Resources Control Board Water
Quality Improvement Initiative (2008)
1. Water Quality Improvement Initiative Item
#l (WQI l): Cal Cities supports applying the
10% rule "One Per Region Basis"
2. WQI 2: Cal Cities supports staggering the
regional water board terms
3. WQI 3: Ca l Cities has no recommendation
on reducing the size of the regional water
board from nine members to seven, with
t he exception that at least one person
on the regional board should have local
government experience.
4 . WQI 4: Cal Cities supports delegating
permitting authority to t he 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-t ime chairs.
6. WQI 6: Ca l Cities is opposed to the
creation of a statewide council of full-
time 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 st ate 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.
Item #3 Page 61 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
8. WQI 8: Cal Cities is opposed to allowing the
SWRCB to make the 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 TMDLs,
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 i nterest
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
Dec. 13, 2022
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 Cit ies has no recommendation
on early payment of MMP violations.
18. WQI 18: Cal Cities supports the enhanced
ability of the Regional Water Boards
to administratively enforce state
Underground Storage Tank (UST)
Requirements.
19. WQI 19: Cal Cities supports enhanced
oversight of UST testers.
20. WQI 20: Cal Cities supports moving the
SWRCB Enforcement Report deadline to
July l.
21. WQI 21: Cal Cities supports the SWRCB
developing and implementing
performance measures
22. WQI 22: Cal Cities supports improved data
management systems for the SWRCB.
23. WQI 23: Cal Cities generally has no
recommendation on the standardization
of NPDES permits and believes that this
issue should be worked out with the
individual regional water boards.
24. WQI 24: Ca l 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.
0te.1111ra:s · ~l\::ofeioo:g 1 31
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Appendix B
GLOSSARY
■ 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 d epend on many
factors.
■ Agricultural Drainage: Usually refers to
installed drains to permit removal of water
which accu mulates within a plant root zone.
May be essential to maintain a favorable
sa lt balance for plant growth. May contain
selenium, salinity, pesticides, herbicides, etc.
■ Area and County of Origin Protections: Refers
to legislative provisions for protecting water
rights of these areas.
■ Area of Origin Law: Applies to a watershed
or area wherein water originates, or an area
immediately adjacent t hereto w hich can be
conveniently supplied with water therefrom.
Because this law was enacted as part of t he
Central Valley Proj ect Act, it applies to t he
Sacramento River watershed. The Burns-Porter
Act subsequently defined the Sacramento-
San Joaquin Delta to be part of the watershed
of the Sacramento River. Gives area of origin
preferential rights rega rding operation of
federal Central Va lley Project and to contract
for State Water Project water and to certain
rights to construct projects or make diversions,
provided use is reasonable and beneficia l.
(Ca lifornia Water Code Sections 11128, 11460-
11463).
■ County of Origin Law: Prohibits State Water
Resources Control Board from t he assignment
of rights which will deprive a county in which
the water originates of such water necessary
for the development of the county. {California
Water Code Section 70505).
32 I ~ ~?r,1i?§l2.2www.ca lcities.org
■ Delta Protection Act: Establishes that an
adequate supply of water in the Delta is
necessary to t he 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).
■ California Wild and Scenic Rivers Act and
Federal Wild and Scenic Rivers Act: Establish
certain rivers or sect ions of rivers to be
preserved in their free-flowing condition. The
California law (Ca lifornia Public Resources Code
Sections 5093.50-5093.65) allows domest ic
water diversion for residents of counties
through which the river flows, provided t here
is no adverse effect upon t he free-flowing
character of the river. California law finds
that the f ree-flowing state of such rivers is
a reasonable and ben eficial use w ithin the
meaning of t he state constitution.
■ Atmospheric Deposition: The transfer of
pollutants suspended in the air to t he 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 sou rce of various pollutants to
many water bodies.
■ 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 13240). The basin plan establishes
water quality standards, uses, and other criteria
for surface and ground waters.
■ Best Management Practices (BMPs): Methods,
measures, or practices designed and selected
to reduce or eliminate the discharge of
pollutants to surface waters from point
and non point source discharges, including
urban runoff. BMPs include structural and
Item #3 Page 63 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
nonstructural controls, and operation and
maintenance procedures, which can be
applied before, during, and/or after pollution-
producing activities.
• California Toxics Rule (CTR): A federal rule
adopted by the U.S. EPA on May 19, 2000, which
established numeric criteria for various priority
pollutant s 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 137.38.
• Characteristics of Groundwater Resource:
Include quality, quantity, rate of renewal, and
yield.
• Clean Water Act (CWA): A comprehensive
water quality statute (33 USC 1241 et seq.). The
CWA was first adopted by Congress in 7972 and
later amended in 1987 to apply to stormwater/
urban runoff. The CWA was designed to restore
and maintain the chemical, physical, and
biological integrity of the nation's waters to
support "the protect ion and propagation of
fish, shellfish, and wildlife and recreation in and
on the water."
• Coliform: A group of re lated 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.
• 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.'
• 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 m inimum
Dec. 13,2022
groundwater pumping) and using any surplus
surface water to recharge groundwater, and
in dry years augmenting surface supplies by
drawing on the stored groundwater.
• Conservation: Fish and wildlife resource loss
prevention, mitigation, and compensation.
• Conservation (of Water): Means efficient use
of water. Also means reducing water losses or
eliminating waste; storing water for water use;
preserving water quality.
• Contamination: An impairment of the quality
of the waters of the state by waste to a degree
t hat creates a hazard to t he public health
through poisoning or through the spread of
disease. (California Water Code Section 73050)
(See "Pollution").
• 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.)
• Davis-Grunskv Bond: This legislation
established a bond fund to facilitate the
f inancing of projects in counties with limited
f inancial resources.
• Demand/Need: "Demand" usually refers to a
statement of water requirements that may
be projected on the basis of past water use
pract ices. In contrast, "need" is intended to
refer to water that is truly needed to satisfy a
purpose if water is efficiently utilized.
c.1te ,:rrnss · ~614ieiM.e ag I 33
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Delta: Refers to the Sacramento-San Joaquin
Delta. 700,000 acres of islands, waterways,
levees, and lands into which the natural runoff
flows from the Sacramento, San Joaquin,
Mokelumne, and Consumnes river systems
before either being exported or entering the
San Francisco Bay and then, the Pacific Ocean.
■ Desalination: A process designed to treat
brackish or seawater to make it useful for
potable or non-potable use.
■ Enhancement: Development or improvement
offish and wildlife resource va lues of the area
affected by a project beyond that which would
occur without t he project.
■ Enterococcus: A non-coliform bacteria group
used as an indicator of the presence of fecal
material in d rinking 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.
■ Environmentally Safe: Not a precise technical
term but used to mean actions that have little
or no adverse impact.
• Economically Sound/Feasible: Not a precise
technical term, but one t hat 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 q uestions concerning
the usefulness of such ca lculations. 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.
■ Fish and Wildlife Issues: See Compensation,
Conservation, Enhancement, Fish and Wildlife
resources, lnstream uses, Loss prevention
measures, Mitigation, Preservation, Protection,
and Restoration.
34 I ~ C£Pf1f§22www.calcit ies.org
■ 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).
■ 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.
• Groundwater Management: The process of
controll ing 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).
■ Groundwater Overdraft: Where, over a period
of ti m e, groundwater extraction exceeds
natural or artificial recharge.
■ Indicator Bacteria: Bacteria that are used to
assess the microbiological quality of water
because, although not typically disease-
causing t hemselves, they may indicate the
presence of several waterborne disease-
causing organisms. The concentration of
indicator bacteria is used as a measure of water
safety for body contact and for consumption of
water.
■ In-stream Uses: Include fish, wildlife,
recreation, aesthetics, hydropower production,
dilution of contamination, waste discharge,
and sediment transport.
■ Local Entities: Includes cities, counties, water
d istricts, joint powers, etc.
■ Loss Prevention Measures: Designing and
implementing measures to avoid immediate
Item #3 Page 65 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
and long-term impacts to fish and wildlife
resources.'
■ Maximum Extent Practicable (MEP): The
vaguely defined standard set forth in the CWA
to be included in Municipal NPDES Permits
to be complied w ith 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 non-
structural 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 human-
made pollutants, depositing them into
water bodies and groundwater. Atmospheric
deposition and hydromodification are also
non point sources of pollution.
Dec. 13, 2022
■ Numeric Limits: Numeric or 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.
■ Pathogens: Disease-causing bacteria, viruses,
and protozoans that are transmitted to people
when they consume contaminated water.
■ Pollution: An alteration of the quality of the
waters of the state by waste to a degree
which unreasonably affects: (1) such waters
for beneficial uses, or (2) facilities that serve
such beneficial uses. Pollution may include
contamination. (Ca lifornia Water Code Section
13050: Please see "Contamination").
■ 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 t he
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 day-
to-day basis in their geographic regions.
■ Preservation: Maintenance and protection of
fish and w ildlife resources at levels that exist ed
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
Wild life Coordination Act. Preservation does
not assume that restoration will occur, but it
could.
■ Project Beneficiaries: Those who gain value
in some fashion from any of the following:
water supply, flood control, power generation,
recreation, salinity repulsion, wild life.
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
• Protection: Department of Fish and Game
appears to use this term when referri ng to leg al
enforcement by wardens. (See Preservation
and Conservation).
• Real Water Savings: Simply means there is an
"actual" savings of water that could be put to
other use.
• Reasonable and Beneficial: Depends on the
facts and circumstances of each case. What
is a beneficial use at one time may, because
of changed condit ions, 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.
• Beneficial uses include: storing water
underground if thereafter to be applied to
beneficial purposes; use of water for recreation
and preservation and enhancement offish and
wildlife resources.
■ Reclaimed Water: Wastewater that has
been cleaned so that it can be used for most
purposes except drinking.
• Recycled Water: Municipal and/or industrial
wastewater that has been t reated to a
sufficiently high level that it can be reused
usually for non-potable purposes such as
irrigating landscape and refilling aquifers.
• Restoration: Means to return to "original"
conditions. (Selection or "original" or base
condition is often source of debate.)
• Reverse Flows: Where the direction offlow 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 m ay cause flow reversa l, drawing more
sa line water further into the Delta.
• Sediment Transport: Sediment of va rious
particle sizes may be carried by moving water.
36 I ~ ~~1~§2.2www.calcities.org
The size of particles t ransported by water
increases as velocity rises.
• Stormwater: Water that accumulates on land
as a result of storms and can include runoff
from urban areas such as roads and roofs.
• Surplus Water: When used as a technical
term in water contracts, this is the water
that is avai lable 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 w hich
is surplus to reasonable and beneficial uses of
area of origin and Bay/Delta.
• 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.
• Total Maximum Daily Load (TMDL): A
ca lculation of the maximum amount of a
pol lutant t hat an impaired w ater 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
7373(d) of the CWA for water bodies t hat have
first been listed as being impaired for the
particular pollutant or pollutants at issue.
• Triennial Review: A review of water quality
st andards in basin plans that is required at
least once every three years by Section 7373(c)
(7) of the CWA and periodically under Section
13240 of t he Porter-Cologne Water Quality
Control Act.
• Ultimate: Imprecise meaning. Depends on
time frame.
• Usable Groundwater: Refers to groundwater
that can be pumped within the cost and
Item #3 Page 67 of 101
ENVIRONMENTAL QUALITY: CALIFORNIA WATER GUIDELINES
technical constraints appropriate to the
situation.
• Water Banking: Not a precise term. Generally
refers to storing presently surplus water in
groundwater basi ns or in surface storage
facilities.
• Water Management Practices: Relate t o the
varied objectives of irrigation, municipal and
industrial use. These objectives may not be
compatible. In general, management practices
are developed to m aximize economic returns
and/or to minimize (or prevent) adverse
environmental impacts including water
quality degradation. Conservation of supply,
reuse, treatment for use and waste disposa l,
and the planned conjunction use of surface
and groundwater are all aspects of water
management. (Also see Conjunctive use and
Groundwater management).
• Water Quality Standards and Objectives: The
regional water quality boards set "objectives"
in t heir 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
t o water which has been treated to remove
contaminants as requ ired to permit its reuse,
particularly for irrigation of landscaped or
agri cultural areas.
• Way Bill (Program): Delta Levee Maintenance
Program. Declares the Sacramento-San
Joaquin Delta, characterized by islands and
meandering waterways, as a unique resou rce
of major statewide significance. Reasons are
stated. Declares t he system of levees is the
key to preserving t he physical cha racteristics
of the Delta. Finds there is an urgent need for
a higher degree of levee maintenance and
Dec. 13,2022
rehabilitation throughout the Delta and 'that
the state has an interest in providing technical
and f inancial assista nce. Establishes that local
agencies maintaining non-project (private)
levees shall be el igible 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 St ate
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 t he 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.
Sources:
Some of the preceding definitions were derived
from the following sources:
» California Wetlands Information System
Website: Porter-Cologne Act
» Los Angeles MS4 Permit: Basin plan, best
m anagement practices, maximum extent
practicable, NPDES permit
» RWA: Cross-media pollution
» Southern Ca lifornia Coastal Waters
Research Project (SCCWRP) Website:
Atmospheric deposition
>> State Water Board Website: Numeric
Limits, Triennial Review,
» U.S. EPA Website: California Toxics Rule,
Clean Water Act, coliform, enterococcus,
TMDLs
» U.S. Geological Service (USGS) Website:
Indicator bacteria, pathogens
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
SCOPE OF RESPONSIBILITY
The Committee on Governance, Transparency,
and Labor Relations (GTLR) reviews state
legislation as it relates to transparency,
technology (open data), healthcare, elections,
and political reform. Additionally, the committee
oversees pension and workers compensation
reform as well as other labor (employer/employee)
related issues.
Summary of Existing Policy and
Guiding Principles
Labor Relations
Cal Cities supports 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 ofthatjurisdiction as initiatives or Charter
amendments.
Cal Cities supports efforts to promote, init iate and
improve both public and private sector labor-
management relations.
Cal Cities opposes any system of compulsory
and binding interest arbitration, including
st ate mandates and the imposition of binding
arbitration through the initiative process. No
arbitrat or board or other private person should
have any control, direct or indirect, over local
budgets, revenues, or appropriations.
Cal Cities opposes any legislative action t hat
requires the continuation of t he terms of any
Memorandum of Understanding (MOU) between a
38 I ~ ii3v1i§2.2www.calcities.org
public agency and an employee organization until
a successor MOU is agreed upon.
Ca l Cities opposes any extension of the State
Public Employment Relations Board jurisdiction
over local public agency labor re lations disputes
and charges of unfair labor practices, and also
opposes any interference or intervention in local
collective bargaining by al l labor-management
relations councils or boards.
Ca l 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 resu lt
of inclusive stakeholder collaboration at both the
Item #3 Page 69 of 101
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
local and state level (retirees, employees, employers,
Cal PERS).
Ca l 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 t he following:
■ A single benefit level for every employee.
■ 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.
■ Temporary modifications to ret iree Cost
of Living Adjustments (COLA) that are
automatically added to a retiree's pension
benefit payment regardless of compensation
level or CPI.
Ca l Cities supports expan ded 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 t ime ensuring that public agencies have solid
retirement benefits to attract and retain highly
talented employees. Ca l Cities supports locally
negotiated retirement programs that are f iscally
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
Dec. 13,2022
negotiate equitable cost-sharing w ith 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 va lue of
a dependable, sustainable, em ployer-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 ca lculations.
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 t hat income derived from such
sources is 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 part icipation 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 t hat cities with retirement
programs must retain the ability to opt out of
Social Security.
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 retirem ent
investments. Cal Cities supports Cal PERS' priority
to its members as stated in the State Constitution
Article 16, Section 17, "[a] retirement board's duty
to its participants and their beneficiaries shall take
precedence over any other duty."
Cal Cities supports responsible investment
st rategies that balance the short-and long-
term 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 o r 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 I ~L £~1~22 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 t o 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 m ember
classes with maximum local control and flexibility
in negot iating all benefit options with active
employees and for retirees.
Cal Cities supports legislation t hat 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
cont ribution 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 p ension benefit should be considered. In cost-
share arrangements, Cal Cities supports sh ared
employee/employer costs based on t he total cost
of the pension benefit.
Item #3 Page 71 of 101
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
Cal Cities supports providing local governments
with maximum flexibility and options. Local
agencies must be able to decide on issues such as
minimum retirement ages, pension caps, cost-
sharing, 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 Ca l PERS
Board of Administration to substantially increase
in independent public members (preferably
w ith financial expertise) to ensure greater
representation of taxpayer interests with regard 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 Ca l 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
Dec. 13,2022
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, the
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.
ctte~111as · vP.sge::aR:il>fel~lg I 41
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Cal Cities supports reforming the workers
compensation process to incentivize employees
returning to work creating a penalty for those
that do not return to available modified duty or
alternate positions.
Other Employer and Employee
Related Issues
Cal Cities supports efforts to conform the 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.
42 I ~ ih,e§2..2www.calcities.org
Ca l 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.
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.
Ca l 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.
Item #3 Page 73 of 101
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
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.
State officials and agencies should aspire to
conform to the same level of transparency and
ethica l behavior as is imposed on local officials and
agencies.
Open Meeting Law (Ralph M. Brown
Act) and Open Access to Public Records
(California Public Records Act)
Cal Cities supports legislation that recognizes the
need to conduct the public's business in pu blic.
To this end, Cal Cities supported and was a co-
sponsor 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
am ong governing body members t hrough
unproductive restrictions and inappropriate
activities.
Cal Cities opposes legislation that would impose
further unnecessary restrictions on t he action that
a governing body can take in closed sess ions.
Ca l 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:
■ The privacy rights gra nted to individuals under
the U.S. and California constitut ions.
■ The personnel issues that have a potential
impact on an individual's career and potential
Dec. 13,2022
earning capacity and that raise serious liability
q uestions for a local jurisdiction.
■ The protection of the taxpayer's interests over
property and other acquisitions by a public
agency.
■ The proper maintenance of the same attorney-
client privilege enjoyed by the private sector.
Cal Cities supports legislation that includes less-
than-a-quorum advisory committees wit hin 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 jurisd iction has cumulatively lasted
two yea rs 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 aut hority will be
opposed.
Cal Cities should continue to explore opportunit ies
to improve and streamline the Political Reform Act
and its implementation through regulat ions.
Ca l 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 cent s ($0.25) per page.
Ca l 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.
Ca l Cities supports legislation providing the FPPC
wit h the authority to issue opinions to guide local
officials in understanding conflict of interest laws,
including Government Code Section 1090.
c ..wea11#8S · ~e:a'l4itiM.6tg I 43
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
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 (Cal PERS) including banning
the ability for 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 t hat 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, Ca l Cities supports allowing
the city council to refer it to the planning agency
for a report on the m easure'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.
44 I ~ll:~1~22 www.ca lcities.org
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.
California Voting Rights Act (CVRA)
Cal Cities supports a process that would al low 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 Cit ies 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 publi cation of
their home addresses or telephone numbers in
newspapers or similar periodicals.
Item #3 Page 75 of 101
GOVERNANCE, TRANSPARENCY, AND LABOR RELATIONS
Cal Cities supports requiring both elected local and
state officials to maintain their place of residence in
the jurisdiction they were elected to represent.
Candidates running for elected office w ith 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.
Legal Issues
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 posit ion is the belief that it is the
public agency that is the public agency attorney's
client, not an individual public official. Thus, Cal
Cities supports 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.
Dec. 13,2022
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 77200) 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 post-
judgment interest rates are fair to all parties,
including taxpayers, recognizing the impact on
public budgets.
Data and Privacy Protection
Cal Cities encourages cities to do everything in
their power to protect the p rivacy 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: Co/ Cities will review new legislation to determine how it
rela tes to existing Col Cities policies and guiding principles. In
addition, because this document is updated every two years
to include policies and guiding principles adopted by Col Cities
during the previous two years, there may be new, evolving policies
under consideration or adopted by Col Cities that ore not reflected
in the current version of this d ocument. However, all policies
adopted by Col Cities Boord of Directors or Col Cities General
Assembly become Col Cities policy and are binding on Col Cities,
regardless of when they ore adopted and whether they appear in
the current version of"Summory of Existing Policies ond Guiding
Principles."
CM!effll#BS · ~~ii'16itiM.8iti I 45
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
SCOPE OF RESPONSIBILITY
The principle behind the policies reviewed by the
Committee on Housing, Community, and Economic
Development (HCED) is to foster local control of
community planning decisions as they 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 decision-
making. 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 I ~ €-¥f1Eij22www.calcities.org
Water Supply and Land Use Planning
Ca l 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
Ca l Cities believes local zoning is a primary
f unction 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 t o the city and not
interfere wit h local prerogative beyond providing
a constitut ionally va lid 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
Item #3 Page 77 of 101
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
local community. Ca l Cities opposes legislation
that seeks to limit local authority over parking
requirements.
Housing Element
Housing issues should be addressed in t he general
plan as other planning issues are. The housing
element should be prepared for the benefit of
local governments and should have equal stat us
with the other elements of t he general plan.
The projections of regional and local growth and
t he 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 un its
among themselves within a subregion. Appeals
should be heard by politically accountable officials
at t he state and regional levels. Allocated housing
units are not a production requirement as cities do
not construct housing.
Cities should focus their efforts on faci litating the
production of below 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 l~gislation
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 RH NA units within a council of
governments;
Dec. 13, 2022
■ 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 for local
agencies that approve affordable housing
and that establish local pro-active affordable
housing policies; and
■ Authorize communit ies that achieve
quantifiable affordable housing production
levels to self-certify their housing elements
w ithout 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 offisca l tools and incentives to assist
local governments in their effort s to encourage
housing and finance the infrastructure to support
housing, as well as est ablishing an ongoing state
commitment for funding affordable housing.
Cal Cities supports the re-establishment offederal
tax incentives which were in effect prior to 7986
w hich encouraged private development and
ownership of rental housing.
Cal Cities supports property tax assessment
policies t hat match local affordable housing
policies.
Economic Development
Job Creation, Retention, and Expansion
Cal Cities supports legislation that w ill provide
tangible and productive tools and incentives to
support job creat ion and retention in housing-
rich,jobs-poor communities, such as the awarding
of direct grants to fund the development of
infrastructure that results in the creation and
c..wem11tss · ~e:.j18itiea6ftl 1 47
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
retention of jobs; the elimination of matching
doll ar requirements for economic development
and infrastructure state grants; the provision of
grant funding for infrastructure planning and
design and the creation of economic development
strat egies; and, allowing cities the maximum
flexibility in the use of state funds toward local
priorities that support job creation. Ca l Cities
also encourages the state to adopt policies and
programs that establish a comprehensive solution
to the infrastructure and jobs/housjng needs of all
communities within the state.
Tax Increment Tools
Cal Cities supports the enactment and expansion
of tax increment f inancing authority for economic
development, infrastructure, and community
revita lization, including the recently enacted
Enhanced Infrastructure Financing District Law
(EIFD), Community Revitalization and Investment
Authorities (CRIA), and Annexation Developm ent
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 the enactment of fair 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 of1937 and other public
assistance towards t heir rental payments.
Cal Cit ies also supports requiring landlords that
seek to increase monthly rent greater than 10% to
provide tenants 90-day notice before the increase
takes effect.
48 I ~l £~1~22 www.calcities.org
Rent Control
Ca l Cities opposes legislation that restricts the
ability of cities to enact rent control ordinances
for mobile homes and stick-built housing
that are t ailored to meet local conditions and
circumstances.
Ca l 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 publi c improvement financing.
Discretion over the condit ions 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 faci lities 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.
Ca l Cities supports state legislation to require a
minimum distance of 300 feet between all new
and existing resident ial ca re 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, coll ection, and usage of
development fees. The state should provide
infrastructure funding to help local communities
Item #3 Page 79 of 101
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 w ith 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 eli mination 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
Dec. 13,2022
Legislature to disincorporate a city for any reason,
unless requested by the affected city.
Development Agreements
Cal Cities recognizes voluntary development
agreements as one tool for providing flexibility in
development approvals.
Building Standards
Cal Cities supports flexibility in the adoption and
implementation of health and safety standards
contained in the building codes. Stat utes 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 Ca lifornia 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
al l Ca lifornians.
Homelessness is a statewide problem that
disproportionately impacts specific communities.
The state should make funding and ot her
resources, including enriched services and
outreach and case managers, available to help
assure that local governments have the capacity
to address the needs of the homeless in their
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.
C.4teffll#8S · ~~~6itiM.&:ti I 49
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
State and federal funding programs should be
designed to reflect responsibilities imposed by
state and 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 t he 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 ot her signage. Cal Cities
opposes mandatory local abatement programs.
Principles for Smart Crowth
We/I-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:
■ De-emphasizes automobile dependency;
■ Integrates the new growth into existing
communities;
so I ~ "=:~1e§2.2 www.calcities.org
■ Creates a diversity of affordable housing near
employment centers; and
■ 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:
■ Mixed-use development;
■ Housing opportunities for all income levels;
■ Safe, reliable, and efficient multi-modal
transportation systems; and
■ 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 t he regional impacts of
growth on transportation, housing, schools, air,
water, wastewater, solid waste, natural resources,
agricultural lands, and open space.
Support High-Quality Education and
School Facilities
Develop and maintain high-quality public
education and neighborhood-accessible school
facilities as a critica l determinant in:
■ Making communities attractive to families;
■ Maintaining a desirable and livable community;
■ Promoting life-long learning opportunities;
• Enhancing economic development; and
Item #3 Page 81 of 101
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
■ Providing a workforce qualified to meet the
full range of job skills required in the future
economy.
Build Strong Communities
Support and embrace the development of
strong families and socially and ethnically diverse
communities, by:
■ Working to provide a balance of jobs and
housing within the community;
■ Avoiding the displacement of existing
residents;
■ Reducing commute times;
■ Promoting community involvement;
■ Enhancing public safety; and
■ Providing and supporting educational,
mentoring, and recreational 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
Fost er 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.
Dec. 13,2022
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: Co/ Cities will review new legislation to determine how it
relates to existing Cal Cities policies and guiding principles. In
addition, because this document is updated every two years
to include policies and guiding principles adopted by Cal Cities
during the previous two years, there may be new, evolving
policies under consideration or adopted by Cal Cities that are
not reflected in the current version of this document. However,
all policies adopted by Cal Cities Board of Directors or Cal Cities
General Assembly become Cal Cities policy and are binding on
Cal Cities, regardless of when they are adopted and whether
they appear in the current version of "Summary of Existing
Policies and Guiding Principles."
~rt11111s · ~kofeW:itg I s1
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
SCOPE OF RESPONSIBILITY
The Committee on Public Safety reviews federal
and state legislation and issues related to
law enforcement, fire and life safety policies,
emergency communications, emergency services,
disaster preparedness, Indian gaming, and
nuisance abatement.
Summary of Existing Policy and
Guiding Principles
Fire Services
Cal Cities supports the fire service mission of
saving lives and protecting property through fire
prevention, disaster preparedness, hazardous-
materials 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 t he manner and scope of pre-hospital
emergency medical services, including transport
through ambulance services, all provided within
local boundaries for the purpose of improving t he
level of pre-hospital emergency medical service.
Cal Cities supports legislation to provide a
framework for a solution to the long-standing
conflict between cities, counties, the fire service,
and LEMSA's, pa rticularly 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 sta keholders
are able to participate in EMS system design and
evaluation and if complainants are given a fair and
open hearing.
52 I ~ ~Ai1g§l22www.calcities.org
Cal Cities supports stored pressure dry chemical
f ire extinguishers to be serviced and recharged
every six years or after each use, w hichever occurs
f irst. Additionally, Cal Cities supports requiring a
licensed technician to perform the annual external
maintenance examination of stored pressure d ry
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 d eterminations 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 fu nding 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 2-1-7 Ca lifornia telephone
service as a non-emergency, human and
community services and disaster information
resource.
Item #3 Page 83 of 101
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 the public
safety spectrum with local, state, and federal law
enforcement, fire, emergency medical, and other
public safety agencies.
Cal Cities supports a single, efficient, performance-
based state department to be responsible
for overseeing and coordinating emergency
preparedness, response, recovery, and homeland
security activities.
Ca l 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 f irst responders can perform their duties
during emergency response operations w ithout
interference from unmanned aeri al 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.
Dec. 13, 2022
PUBLIC SAFETY
Law Enforcement
Cal Cities supports the promotion of public safety
through:
■ Stiffer penalties for violent offenders, and
■ 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 t he 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 t he direct costs associated
w ith processing and booking at the time of arrest.
Cal Cities su pports 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 alleviat ing overcrowding,
and li mit parole hearing opport unities for state
inmates serving a life sentence or paroled inmates
with a violation.
Cal Cities supports parolee search and seizure
terms, w hich aids local law enforcement's ability to
manage paroled offenders.
Cal Cities supports increased penalties for met al
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 ofthumbprints from sellers.
cJte,.rrnBs · ~81tiCiM.eag 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 t he
full capabilities of such technology to the genera l
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 f irearm.
Cal Cit ies 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, Ca l 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.
Mental Health/Substance Use Disorder
Cal Cities supports the promulgation of policies
and the use of resou rces to increase collaboration
between first responders and hea lth agencies
for incidents involving people living with mental
illness or experiencing substance use disorders.
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.
Ca l Cities supports transparency relating to
sustained findings of officer misconduct.
54 I ~ ~h1f§2.2www.calcities.org
Cal Cities supports transparency and oversight
relating to criminal investigations of officer
m isconduct.
Cal Cities supports the completion and disclosure
of findings relating t o officer misconduct despite
their voluntary separation from the employing
agency.
Police Use of Force
Cal Cit ies 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 Ca lifornia 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 m odifications t o the legal
standard on use of force; to the extent, such
proposed changes elevate t he 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 li mitation 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 aut horize local law
enforcem ent to enforce state and local drone laws.
Cal Cities supports policies that promote the
availability of information on state and local
Item #3 Page 85 of 101
drone laws so that operators are aware of and
accountable to local ru les.
Cal Cities supports local agencies' ability to enact
and enforce ru les 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 t heir
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 wildland fuel
management programs to decrease impacts to
public health and safety resu lting from wildland
urban interface fires.
Nuisance Abatement
Cal Cities supports enhanced local control over
public nuisances including, but not limited to:
• Adult entertainment facilities;
• Problem alcohol establishments; and
• Properties where illegal drugs are sold.
Dec. 13,2022
PUBLIC SAFETY
Violence
Ca l Cities supports the reduction of violence
through strategies that address gang violence,
domestic violence, youth access to tools of
violence, including, but not limited to, firearms,
knives, etc., and those outlined in the California
Police Chiefs Policy Paper endorsed by Ca l Cities
Board of Directors.
Ca l Cities supports the use of local, state, and
federal collaborative prevention and intervention
methods to reduce youth and gang violence.
Indian Gaming
Ca l Cities supports t he following principles that are
intended to balance t ri bal self-reliance with the
local government mandate to protect the public
health and safety.
• Require an Indian Tribe that plans to construct
or expand a casino or other related businesses
to seek review and approval of t he local
jurisdiction for such improvements consistent
with state law and local ordinances including
the Ca lifornia Environmental Quality Act,
with the Tribal government acting as the
lead agency and with judicial review in the
California courts.
• 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.
• Require written agreements between tribes
and affected local agencies to ensure tribes
are subject to local authority related to t he
infrastructure needs and services outli ned
above.
• Require adequate compensation from the
tribes to the local agency providing the
government services that are required by the
tribal casino or related businesses.
• Ensure compensation to local agencies
from the Special Distribution Fund for off-
c.N:E1?11tBs · ~816ioH.e11g 1 55
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
reservation mitigation coupled with other
sources to ensure adequate compensation.
■ 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.
■ The Governor should est ablish and follow
appropriate criteria to guide the discretion
of the Governor and the Legislature when
considering whether to consent to 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. Ca l Cities opposes
a restriction on those same revenue streams
measures that would further restrict such loca l
control, including, but not limited to, the extension
of existing statewide gaming moratoriums.
Alcohol
Cal Cities supports policies that limit t he ability
of minors to engage in alcohol consumpt ion, and
limit youth access to alcoholic beverages, so long
as related state-mandated programs or services
provide for fu ll 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 d river's license.
56 I ~ ~~1e§2-2www.calcities.org
Cal Cit ies supports legislation and other
regulations intended to improve local
governments' enforcement capability against
alcohol licensees t hat 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
m anufacturer prepackaged containers with local
and state approval.
Cannabis Regulation
Cal Cities regards as a vital interest t he
maintenance of local control over medical and
adult-use cannabis businesses and supports
measures that enhance and protect maximum
local reg ulatory, 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 m edical and adult-use cannabis
businesses if the regulation relates to location,
operation, or establishment to best su it the needs
of the community.
Cal Cities affirms that revenue or other financial
benefits from creating a statewide tax structure on
m edical cannabis should be considered only after
the public safety and health ramifications are fully
evaluated and addressed.
While the va lue of cannabis as a physical or mental
hea lth treatment option is uncertain, Cal Cities
recognizes the need for proactive steps to m itigate
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 t he Ca lifornia Constitution.
Item #3 Page 87 of 101
Cal Cities opposes policies that prohibit local
law enforcement from cooperating w ith 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" anti-
graffiti campaign and encourages other cities to
implement this program into their existing anti-
graffiti 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 Partnersh ips, which
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. Ca l Cities supports policies that ultimately
allow such persons to petition for retrieval of their
f irearms.
Dec. 13,2022
PUBLIC SAFETY
Cal Cities supports local law enforcement agencies
retaining t he 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 t o manufacture or market
colored-tread tires in Ca lifornia to voluntarily
abandon such a product line and t hereby prevent
the public safety, environmental and social
problems t hese tires can potentially cause.
Cal Cities warns those individuals who advocate
or perpetuate hate, not to test the cities' resolve
to oppose them, as each city is encouraged to
vigorously pursue a course of an 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
relates to existing Cal Cities policies and guiding principles. In
addition, because this document is updated every two years
to include policies and guiding principles adopted by Cal Cities
during the previous two years, there may be new, evolving policies
under consideration or adopted by Cal Cities that are not reflected
in the current version of this document. However, all policies
adopted by Col Cities Board of Directors or Cal Cities General
Assembly become Col Cities policy and are binding on Col Cities,
regardless of when they ore adopted and whether they appear in
the current version of "Summary of Existing Policies and Guiding
Principles."
c~mllBs · ~818ioM.6ilg I 57
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
Revenue and Taxation
SCOPE OF RESPONSIBILITY
The Committee on Revenue and Taxation reviews
issues related to finance administration, taxation
reform, revenue needs, and revenue sources at
the federal, state, and local levels.
Summary of Existing Policy and
Guiding Principles
Cities and Cal Cities
Preamble
Inherent in these 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 I ~ i;PV1e§2.2www.calcities.org
, Jo J1
Alliances
Cities should seek alliances with counties,
schools, ot her cities, employee organizations,
other local agencies, business, and professional
organizations, and nonprofit organizations to
support cooperation, sound financial policies, and
joint act ion.
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:
■ Cities require a greater share of the property
tax and other reliable, discretionary revenues in
order to finance local services to property.
■ Cities require constitutional protection of their
revenue sources in order to provide insurance
against diversion by the state of these revenues
in the future for non-municipal purposes.
■ Major reforms in the unfunded mandate
reimbursement process should be enacted to
make it more workable and meaningful.
Item #3 Page 89 of 101
Legislature or the Voters
Local Authority and Accountability
To preserve local authority and accountability for
cities, state policies must:
■ 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.
• Ensure the integrity of city revenue sources by
providing fraud deterrence and enforcement
tools that improve the collection of public
funds.
■ Protect t he authority of local governments to
collect revenues from telecommunications
providers and ensure that any future changes
are revenue neutral for local governments.
■ Oppose any state or federal legislation that
would pre-empt or threaten local taxation
authority including, but not limited to, Utility
User's Taxes.
■ Allow every level of government to enjoy
budgetary independence from programs and
costs imposed by other levels of government.
■ 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.
■ 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:
■ A two-year spending plan with the first session
focused on expenditures over the period.
■ Oversight hearings that review programs for
savings, duplication, or gaps in services.
Dec. 13, 2022
REVENUE AND TAXATION
■ Limits on the number of bills that legislators
may introduce.
■ A prudent reserve fund.
■ Official records kept of all Assembly and Senate
official meetings.
■ A balanced deficit reduction approach, which
could include temporary revenue increases
dedicated solely to retiring short-term debt,
spending cuts, short-term borrowing, and
multi-year spending limitations.
■ Long-term restructuring measures, including
increased local government property tax
shares to create balanced growth and separate
budget detail of all state expenditures at the
local level.
State Mandates
The state must provide full and prompt .
reimbursement to all local agencies for all state-
mandated programs and/or infractions and losses
associated with local revenue shifts.
Local agencies must be authorized to petition
the Commission on State Mandates immediately
after legislation is 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.
c.«Je1?11tss · ~S1eioes.e11g I s9
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
When disasters or emergencies occur statewide
or in various areas of the state, state government
has 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 t hat reduces competition for situs-based
revenue. (Revenue from the existing sales tax rate
60 I ~ ih1fij22www.calcities.org
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 7% baseline should be preserved
and protected.
Tax proceeds collected from internet sales should
be allocated to the location where the product is
received by the purchaser.
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 on line
retailers are inappropriate because they have the
effect of encouraging revenue to be shifted away
from numerous communities and concentrated
to the benefit of one. Any type of agreement
that seeks to lure a retailer from one community
to another within a market area should also be
prohibited going forward.
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 loca lly.
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.
Item #3 Page 91 of 101
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 identif ied, multi-
jurisdictional revenues should then be identified
and implemented. As an example, the sa les 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 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
■ 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.
Dec. 13,2022
REVENUE AND TAXATION
■ Sales Tax Sourcing Rules: Support as Cal
Cities policy that point of sale (situs) is where
the customer receives the product. Specific
proposals in this area should be carefully
reviewed so that the impacts of any changes
are fully understood.
Cal Cities supports as policy al lowing more
direct reporting of use taxes related to
construction projects to the jurisdiction where
the construction activity is located by reducing
the existing regulatory threshold from $5
million to $100,000.
■ County Pool Use Tax Allocations: Support
Cal Cities working with the state California
Department of Tax and Fee Administration
to update the county pool allocation process
to ensure that more revenues are allocated
to the jurisdiction where the purchase or first
use of a product occurs (usually where t he
product is delivered). Use Tax collections from
on line sales, including from the South Dakota
v Wayfair Decision, should be shifted out of
county pools, and allocated to the destination
jurisdiction whose Bradley Burns tax applies
and not throughout the entire county.
■ State Sales Tax Exemptions: Cal Cities opposes
state legislation that proposes to grant
exemptions for specific products that fail to
protect those portions of the sales tax that are
dedicated to local government.
■ Data Collection: Ca l Cities supports efforts to
modernize statewide sales tax data collection
to improve understanding of out-of-state and
in-state remote sales.
Federal Streamlined Sales and Use Tax
Agreement (SSUTA)
There are more quest ions 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:
c~elfl1#8:s · v9.Hgec91!:ofel~lg I 61
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
■ Continue to monitor developments of the
SSUTA and related federal legislations, but
not support any additional efforts that would
lead to Ca lifornia joining the agreement. This
position can always be revisited at a future
point if events change.
■ 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.
■ Work w ith the Ca lifornia Department of Tax
and Fee Administration and other parties on
alternative efforts to increase the coll ection
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 w it h tax structures
similar to California.
Federal Legislation Requiring Use Tax
Collection
Cal Cities supports federal legislation that would
require the collection of use tax from internet or
"remote sales" that meets the following conditions:
■ Is limited to t he collection of sales and use
taxes.
■ Does not require states to participate in the
SSUTA.
■ Requires remote sellers t o collect the full
destination rate (combination of state and local
rates at location the product will be delivered).
■ Exempts intrastate (non-remote sales within
California) from the destination rule.
■ Provides sufficient flexibility to accom modate
California's tax structure. (There are instances
where the state, for policy reasons, has opted
not to collect the state's share of sales taxes on
an item, but the local rates on those items are
still collected).
62 I ~ i~1~Hj2.2www.calcities.org
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 Ca lifornia 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 Col Cities
during the previous two years, there may be new, evolving policies
under consideration or adopted by Cal Cities that are not reflected
in the current version of this document. However, oil policies
adopted by Col Cities Board of Directors or Cal Cities General
Assembly become Cal Cities policy ond are binding on Cal Cities,
regardless of when they are adopted and whether they appear in
the current version of "Summary of Existing Policies and Guiding
Principles."
Item #3 Page 93 of 101
TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
SCOPE OF RESPONSIBILITY
The Committee on Transportation,
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 red uce 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 Ca l
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 t he
following policies:
■ 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 syster:n has been
brought to a state of good repair, revenues for
Dec. 13,2022
maintenance of the system would be reduced
to a level that enables sufficient recurring
ma i ntena nee.
■ 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.
■ 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 w ho also benefit f rom the use
of an integrated transportation network.
■ 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 existing gas tax. The existing
c..tt1e1:t11tss · ~6l4ioeieil9 1 63
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
user-based fee, such as the base $0.30 cent gas
tax is a declining revenue source. Collectively,
we must have the political will to push for
sustainable transportation revenues.
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.
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.
Flexibility. Needs vary from region to region and
city to city. New revenues and revenue authority
should continue to provide the flexibility for the
appropriate level of government to meet the goals
of the constituents.
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.
Education. Through the Ci ty and County
Pavement Improvement Center (CCPIC),
educational opportunities to provide additional
research and development, g uidance,
specifications, tools, and training in pavement
managem ent 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 t ransportation purposes and an
allocation formula equivalent to 40/40/20 split of
40% to cities and counties, 40% to STIP, and 20% to
transit.
Cal Cities supports enhanced autonomy for local
transportation decision-making and pursues
64 I ~ N-rie~22 www.calcit ies.org
transportation policy changes that move more
dollars and decisions to local policy leaders. Cal
Cities supports spending transportation moneys
for transportation purposes. Ca l Cities will seek
t he maximum share of available funding for local
transportation programs. Cal Cities supports the
implementation offederal transportation funding
re-authorization legislation in a manner that
supports these principles.
Ca l Cities supports the preservation and expansion
of transportation grant funding opportunit ies 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 the state pursuing any
t ransportation policy change that would result
in a reduction of revenue from the Highway
Users Tax Account and/or the Road Maintenance
and Rehabilitation Program. Cal Cities supports
a requirement for the state to consult with Cal
Cities of any transportation policy changes to
help ensure such strategies include funding equal
to or greater than what cities already receive to
maintain, operate, and rehabilitate their existing
streets and roads network.
Cal Cities supports the ongoing study of the Road
User Charge, which aims to identify an alternative
to the gas tax as a way to fund t ransportation
infrastructure.
Cal Cities supports efforts that streamline
funding 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
comprehensive housing solutions for housing
problems.
Item #3 Page 95 of 101
TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
Cal Cities supports bicycle and pedestrian access
with maximum local 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
from 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 High-
Speed Rail project and supports the involvement
of local officials in the project planning and
implementation. However, Ca l Cities opposes
efforts to exempt the High-Speed Rai l project from
the California Environmental Quality Act (CEQA)
and other processes that provide an opportunity
for local input. Cal Cities also supports efforts to
reaffirm voter support of the project, including
voter reconsideration for the bond.
Cal Cit ies 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. Cal Cities
encourages cities to actively engage their region
and the state in making goods movement
decisions.
Cal Cities supports efforts to improve the Ca lifornia
Public Utilities Commission's ability to respond
to and investigate significant transportation
Dec. 13,2022
accidents in a public and timely manner to
improve rail shipment, railroad, aviation, marine,
highway, and pipeline safety.
Cal Cities supports efforts to expand the Caltrans
Business Logo Program, including the accurate
deployment of EV charging signage.
Cal Cities supports having a balanced regulatory
framework over both the taxi and TNC industries;
encourages the PUC to include biometric
identification data from TNC drivers and to have
TNC companies conduct vehicle safety inspections;
a policy where both industries are regulated by
the state's PUC, 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
timely and cost-effective completion of public
works projects. Ca l 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
C..Nler?lltBS · ~Sl6itiM.6it;i I 65
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
pipelines, provided that local permitting and plan
review requirements are met.
Ca l Cities opposes efforts to alter the way
that Caltrans prioritizes its litter cleanup and
abatement program to just t he segments of
highway that receive the highest number of
complaints.
Cal Cities supports improving the state's seismic
readi ness and resi liency, including tax credits for
retrofitting seismically vulnerable build ings and
the state conducting its own survey of build ings
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
m itigation as an eligible project to receive the
California Public Utilities Commission's Ru le 20
funds and efforts to expand funding for Rule 20.
Micromobility
Cal Cities supports efforts that reassert local
authority to regulate 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 a requirement for transit
operators to provide at least one staff person
in each of its fully automated transit vehicles in
the early stages of autonomous transit 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
or the hea Ith and safety of the motoring public.
Cal Cities supports al l efforts to retain maximum
control of the local street and road system. Cal
Cities supports traffic safety enhancem ents such
as m otorcycle helmets, child restraints, seat belts,
and speed limit laws.
66 ~ H,,e§2.2www.ca lcities.org
Ca l Cities opposes any efforts to increase t ruck
size or weight. The size and weight of trucks are
important because they 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 t he general
public about the dangers oftexting while driving.
Cal Cities supports a requirement that all state
rulemaking bodies consider the follow ing 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
result ing 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.
Ca l Cities supports legislation that authorizes
the testing or conducting of pilot projects for
autonomous vehicles.
Contracts
Cal Cities supports maintaining maximum local
flexibility in the area of contracting and contract
negotiations. Cal Cities supports changes t o the
law that allow cities options to use design-build
contracting and other innovations designed
to bring efficiency to public contracting. Ca l
Cities also supports contracting out with private
entities to increase project delivery efficiency and
affordability.
Item #3 Page 97 of 101
TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
Cal Cities opposes efforts to shift additional legal
costs and liability away f rom design professionals
and contractors to local governments.
Telecommunications
Cal Cities supports a state tax levied on direct
broad cast 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 t he revenues be diverted by the
state for another purpose.
Traditional franchising at t he 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 t imes 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.
Dec. 13,2022
• 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 w ith 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 m ust remain local.
• Local govern ment must retain full control
over the time, place, and manner for the
use of the public right-of-way in providing
telecommunications services, including the
appearance and aesthetics of equipment
placed within it.
Access
• All local community residents should
be provided access to all available
telecommunications services. Cal Cities
su pports funding and resources to
provide access to high-speed broadband
infrastructure, including municipal broadband,
for all California communities to close t he
digital divide, especially in unserved and
underserved communities.
• Telecommunications providers should be
required to specify a reasonable timeframe
for the deployment of telecommunications
services t hat include a clear plan for t he
c..wearrnes · ~al8itiM.6itl I 67
SUMMARY OF EXISTING POLICY AND GUIDING PRINCIPLES
sequencing of the build-out of these facilities
within the entire franchise area.
Public Education and Government {PEG)
Support
■ The resources required of new entrants should
be used to meet PEG support requirements
in a balanced manner in partnership with
incumbent providers.
■ For cities currently without PEG support
revenues a minimum percentage of required
support needs to be determined.
Institutional or Fiber Network {/NET)
■ The authority for interested communities
to establish INET services and support for
educational and local government facilities
should remain at the local level.
Public Safety Services
■ The authority for E-911 and 911 services should
remain with local government, including any
compensation for the use of the right-of-
way. All E-911 and 911 calls made by voice over
internet protocol shall be routed to local public
safety answering points (PSAPs); i.e., local
dispatch centers.
■ All video providers must provide local
emergency notification services.
Customer Service Protection
• 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
■ Existing telecommunications providers and
new entrants shall adhere to local city policies
on public utility undergrounding.
■ Cal Cities supports the authority of cities
to zone and plan for the deployment of
telecommunications infrastructure. Ca l Cities
supports the ability of cities to maintain and
68 I ~ ih1f§2.2 www.calcities.org
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 w ith the California Public
Utilities Commission, the various telephone
companies, and federal regulatory agencies
to improve telephone area code planning in
Ca lifornia.
■ Ca l 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.
■ Ca l Cities supports a requirement of
telecommunications providers to notify
the California Office of Emergency Services
(CalOES) of 911 service or emergency warning
outages to help ensure the most efficient
deployment of emergency services in affected
areas.
Plain Old Telephone System (POTS):
Ca l Cities believes the following principles in order
to ensure minimum standards are met before
service w ithdrawals of plain old telephone systems
are made:
■ Require that reliable communications systems
are in place prior to any technology transition
to ensure vital government services and public
safety operations are available to communicate
with citizens during emergencies.
■ Te lecommunications 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.
■ Ensure a transparent process for the phase-
out of POTS, avoiding self-certification
Item #3 Page 99 of 101
TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
and arbitrary timelines for CP UC review of
withdrawal requests.
■ Require carriers to assist loca l governments in a
proposed service withdrawal area to determine
which public services are dependent on them.
■ Require the CPU C to consult with st ate
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 the
functionality of the 911 system.
■ For wireless technology alternatives, local
governments must have guaranteed priority
access to the 911 system.
■ Ensure stat e enforcement and accountability
over any proposed service withdrawals.
■ Require that the transition to an alternat ive
service is cost-neutral for consumers, with
additional costs borne by the carriers,
including ancillary costs such as software and
equipment, for instance.
■ Require the CPUC to notify and work with
cities and other local governments of proposed
service withdrawals to ensure appropriate
transitions.
■ Carrier cost savings from any such transition
should be shared with customers, including
local governments through a state-developed
and administered financial assistance program.
■ Require that "Lifeline" rates for customers with
special needs are cost and technology-neutral,
in t he short-and long-term.
■ Require that telecommunications companies
that withdraw plain old telephone service
within any g iven area continue to maintain
the infrastructure and if no longer in use, be
responsible and pay for the rem ova I of the
infrastructu re.
Dec. 13, 2022
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
wire less communications.
Air Pollution
Ca l Cities will monitor developments and t he
ramifications of efforts to regulate air quality and
related congestion strategies as it is related to
transportation.
Note: Col Cities will review new legislation to determine how it
relates to existing Col Cities policies and guiding principles. In
addition, because this document is updated every two years
to include policies and guiding principles adopted by Col Cities
during the previous two years, there may be new, evolving policies
under consideration or adopted by Col Cities that ore not reflected
in the current version of this document. However, all policies
adopted by Col Cities Boord of Directors or Col Cities General
Assembly become Col Cities policy and ore binding on Col Cities,
regardless of when they ore adopted and whether they appear in
the current version of "Summary of Existing Policies and Guiding
Principles.·
<tttime#l3Es · ~.a.ooioes.e~ 1 69
LEAGUE OF
CALIFORNIA
CITIES
1400 K Street, Suite 400, Sacramento, CA 95814
Phone: (916) 658-8200 I Fax: (916) 658-8240
www.calcities.org