HomeMy WebLinkAboutStaff Report 2816
City of Palo Alto (ID # 2816)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/7/2012
May 07, 2012 Page 1 of 2
(ID # 2816)
Summary Title: 2012 Federal and State Legislative Program
Title: Approval of the City’s 2012 Federal and State Legislative Program
From: City Manager
Lead Department: City Manager
Recommendation
Staff and the Policy and Services Committee recommend that the Council approve the
2012 Federal and State Legislative Program.
Background
On March 13, 2012 the Policy & Services Committee reviewed the City's Legislative
Action Manual and the proposed 2012 Federal and State legislative priorities and
recommended that the Council approve the 2012 Federal and State Legislative Program
with modifications as further described in this report. The minutes for this meeting were
not complete at the time this staff report was prepared, therefore a summary of
Committee comments and recommendations is provided in Attachment A.
Discussion
The Committee reviewed the City’s 2011 Legislative Guiding Principles for Legislative
Advocacy and the City’s Legislative Action Manual and recommended approval with a
minor change for clarity in language under the guiding principles as highlighted in the
meeting summary. The Guiding Principles and the Action Manual is provided in
Attachment B.
The Committee also reviewed the proposed 2012 Federal and State Legislative
priorities. Representatives from the City’s Federal advocacy firm, Van Scoyoc
Associates, attended the Committee meeting, provided an update on current issues in
Washington, and presented preliminary Federal legislative priorities. The Committee
approved the Federal and State priorities with modifications as described in the meeting
summary. The Federal legislative priorities are provided in Attachment C and the State
May 07, 2012 Page 2 of 2
(ID # 2816)
legislative priorities are provided in Attachment D.
Staff is utilizing a state legislative tracking system in 2012 called Capitol Track. Included
in Exhibit 3 of the State legislative priorities is a list of the bills of interest (at the time
this staff report was prepared) that the City is tracking in coordination with
Departments, the Utilities Legislative Program and the City’s Rail Advocate. There is
significant legislative activity at this time as the state legislature is hearing over 650 bills
in various Committees. As bills are being heard and modified, staff is actively
monitoring changes and evaluating their application to the City. Staff is regularly
updating this list and will provide periodic reports to Council. The Council may also refer
bills to staff at any time for further analysis.
Timeline
The guiding principles and legislative priorities herein are intended to guide the City’s
2012 Legislative Program. Staff anticipates returning to Council in late 2012 to begin
much earlier to prepare for the 2013 Legislative Program.
Attachments:
Attachment A. 3-13-2012 Policy & Services Committee Meeting Summary (PDF)
Attachment B. Legislative Action Program Manual (DOC)
Attachment C. Federal Legislative Priorities (PDF)
Attachment D. State Legislative Priorities (PDF)
Prepared By: Sheila Tucker, Assistant to the City Manager
Department Head: James Keene, City Manager
City Manager Approval: ____________________________________
James Keene, City Manager
Attachment A.
Policy & Services Committee Meeting March 13, 2012
2012 Federal and State Legislative Program – Summary of Committee
Recommendations
Guiding Principles
1. Amend Guiding Principle #2 of the Legislative Action Program Manual to “protect
and increase local government discretion, balancing that with City values and
priorities.
Federal Legislative Program
1. Add U.S. Postal Service to the work program. Specifically we will need your
assistance in our efforts to secure the post office property on Hamilton Avenue here
in Palo Alto.
2. Delete advocate for the recommendations of the Infrastructure Blue Ribbon
Committee.
3. Delete further support for the Stanford Avenue/El Camino Real Intersection project.
4. Add South Bay Shoreline Study Plan under review by the U.S. Army Corps of
Engineers.
5. Add assistance in securing support to get a secondary major power supply for the
city.
6. Seek public safety funding for the proposed City Public Safety Building identified in
the IBRC report.
7. Initiate a program in the future to send communications to the City when you might
think it would be useful for a councilmember to come to DC to meet with federal
legislators, federal officials etc.
8. Develop a tracking/reporting mechanism that helps us focus on “wins” through our
federal legislative advocacy in addition to monitoring updates.
State Legislative Program
1. Add tracking SB375, Government Code 65-915 concerning concession and benefits,
parcel tax exemption, and possible legislation concerning energy renewables and
water policies.
2. Add the Utilities Legislative Policy Guidelines for 2012.
3. Remove redundant references to the League of California Cities and note the City
will track League-supported bills and evaluate their application to the City.
4. Review past Council meetings with legislators and add any priority legislation
discussed.
5. Include list of bills City is tracking.
6. Update the League’s Policy and Guiding principles if new version available.
Attachment B
Page 1
Legislative Action Program Manual
Policy Statement
The objective of the City of Palo Alto legislative action program is to keep the City
Council, community and staff fully advised of proposed legislation with a potential impact
upon the City. It is the City's general policy to take timely and effective action in support of or opposition to proposed legislation affecting Palo Alto at the County, State, Federal levels. In addition the City, where appropriate, will take the initiative to seek introduction
of new legislation beneficial to Palo Alto and other local government entities.
City Council Priorities
The groundwork for the City's legislative strategy is the Council's priorities:
City Finances;
Land Use and Transportation;
Emergency Preparedness;
Environmental Sustainability;
Community Collaboration for Youth Well Being.
Guiding Principles for Legislative Advocacy 1. Protect local revenue sources and prevent unfunded mandates.
Oppose Federal or State legislation, policies and budgets that have negative
impacts on services, revenues and costs. Ensure that legislation, policies and budgets do not detract from Palo Alto’s ability to draw on local revenue sources.
2. Protect and increase local government discretion, balancing that with City values and
priorities.
Acknowledge the fundamental issues with the governance structure at the State level and ensure that legislative or Constitutional reforms align with the City’s
values and maintain and/or enhance local discretion.
3. Ensure that legislation, policies and budgets retain or increase, but generally don’t decrease, the amount of local discretion held by the City and protect local decision
making. Oppose legislation, policies and budgets that reduce the authority and/or
ability of local government to determine how best to effectively operate local
programs, services and activities. The City retains the right to exceed State goals,
standards or targets.
4. Protect and increase funding for specific programs and services.
Attachment B
Page 2
Support County, State and Federal funding for local service by maximizing
existing funding levels and seeking new and alternative funding for programs.
Promote increases in the allocation of funds to cities and flexibility in distribution.
5. Proactively advocate on behalf of the City.
6. Identify key legislative areas to monitor annually. Take a proactive role in working
with Federal and State legislators to draft and sponsor legislation around key City priorities.
Attachment B
Page 3
Contents
Internal Coordination of the Legislative Action Program p. 4
The Role of the City Council p. 5
The Role of the City Manager's Office p. 6
The Role of the Departments p. 6
Guidelines for Evaluating Legislation p. 7
Legislative Advocacy p. 8
Lobbying Methods p. 10
Guidelines for Letter Writing p. 11
Procedure for City Council meetings with other Elected Representatives p. 12
California State Senate Legislative Timeline 2012 p. 13
Attachment B
Page 4
Basic Steps in the City's Legislative Action Program
Internal Coordination of the Legislative Action Program
The basic steps in the City's legislative action program are illustrated in the accompanying
diagram (above). 1. Legislation is brought to the City's attention by several means: the League of
California Cities, the National League of Cities, Council Members, City staff, citizens,
professional or governmental newsletters, legislators, the legislative tracking service,
etc. 2. The City Manager's Office reviews the proposed legislation (the bill text) and, if
warranted, requests assistance from one or more departments. Departments are urged
to take the initiative to identify legislation of importance to the City and not wait for
the City Manager's Office to ask for their involvement.
3. The Department evaluates the bill for its impact upon Palo Alto, recommends a position and potential action, and drafts a statement or letter for use by the City
Manager's Office, as appropriate.
4. At this juncture, action can proceed in either of two ways:
a. If the Council has previously adopted a policy directly relevant to the legislation, the City Manager's Office proceeds to prepare a letter for the Mayor's signature;
Attachment B
Page 5
b. If the Council policy relative to the legislation does not exist, or if the issue is
politically controversial, or if there is significant local interest in the issue, the
proposed legislation is referred to Council. (See Legislative Advocacy)
5. The Council will consider the information provided in a staff report, determine its position on the legislation and provide direction to staff. 6. The City Manager's Office coordinates the lobbying activities according to Council
direction through this policy and procedure manual.
7. The Council will connect with the various legislative bodies in several ways throughout the year:
a. Joint meetings with elected representatives
b. Visits to Sacramento and Washington DC;
c. Direct contact with elected representatives by phone or letter on key issues
The Role of the Council
The City Council has ultimate responsibility for determining the position the City shall take on legislative issues. Council positions applicable to legislation accumulate over the
years and require periodic reevaluation to assure they are still relevant to the City's needs
and interests. The Council generally takes positions only on issues that are of relevance to
the City of Palo Alto. The Council's specific responsibilities include:
Conduct an annual review and update of legislative priorities at both the State and
Federal levels.
Meet annually with the City's federal lobbyist to establish federal legislative
priorities and strategies, given current trends in Washington.
Establish legislative priorities, taking into account the Council priorities adopted each year.
Consider legislative issues brought to the Council's attention by staff, citizens,
organizations and others and determine what, if any, position the City should take.
Determine Council positions on resolutions proposed for adoption by the League of
California Cities and the National League of Cities.
Suggest areas for staff action concerning legislation.
Assume an active advocacy role with legislators on behalf of the City. This may
include travel to Washington, DC and/or to Sacramento. Any such travel will be
consistent with current City policies/procedures on travel.
Attachment B
Page 6
The Role of the City Manager's Office
The City Manager's Office is the central coordinator of the City's legislative program. The responsibilities and activities of the office include the following:
Ensure the consistency of legislative policy throughout the City.
Serve as a clearinghouse and record keeper for all legislative activity occurring with the City.
Coordinate contacts and communications with legislators and staff.
Coordinate the evaluation of proposed legislation that may affect the City.
Disseminate information on legislation of interest to departments and division within the City.
Encourage suggestions from other departments concerning subjects for legislative
action.
Provide feedback to departments on progress of legislation of interest.
Keep Council informed on the status of the City's legislative action program.
Recommend priorities for legislative action, in order to avoid diminishing the
effectiveness of the City’s lobbying activities.
Plan, coordinate, and facilitate lobbying activities by Council Members and City
staff.
Maintain legislative files (bill texts, correspondence, records of lobbying activity, background information, Council policies).
Serve as liaison to the League of California Cities, National League of Cities, and
other organizations and jurisdictions concerning legislative activities.
Coordinate the annual review of legislative positions and preparation of the City's legislative platform.
The Role of Departments
The participation of various departments within the City is essential to the success of the Legislative Action Program. The program requires departments to take responsibility for
identifying, evaluating and monitoring legislation that relates to their functional areas. The
program must be cooperative and interactive. Effective lobbying and testimony depends on
factual data concerning the impacts and implications of proposed legislation upon the City's operations, services, and finances. The responsibilities of the departments include
the following:
Inform the Manager's Office of legislative issues of importance to the City.
Attachment B
Page 7
Designate a key contact within the department or division who will be responsible
for coordinating the evaluation of legislation and monitoring those legislative
issues of direct significance to the department. Continue to monitor bills as they progress through the Legislature or Congress.
Establish a system within the department for assuring that requests for legislation
evaluation are responded to promptly.
Draft letters and provide analysis of legislation as requested by City Manager's Office.
Maintain a legislative file with the department to assure consistency of policy
recommendations.
Establish mechanisms within the department for accessing direct information on legislation, e.g. computer networks, newsletters, etc.
Network with other cities, agencies, professional organizations, etc. to gain
background information and broader perspective on legislative issues.
Suggest organizations, individuals, publications, and other legislators who may be allies in lobbying the City's position on certain legislation.
Become acquainted with the League of California Cities staff person with
responsibility for issues related to the department.
Understand and adhere to the City’s Legislative Advocacy Policy. Consult the Manager's Office if there are questions.
Annually, provide to the Manager's Office the department's recommendations for
the ensuing year's legislative platform. This shall include: 1) a review of existing
positions, 2) statements of underlying policies and principles, and 3) priorities related to specific legislative issues.
Guidelines for Evaluating Legislation
Several resources are available to departments that can enable them to identify proposed
legislation and track its progress. The League of California Cities and National League of
Cities publications contain information on Congressional legislation. Departments can also
subscribe to legislative announcements through professional associations as well as State and Congressional websites.
Bills often are amended several times in the course traveled between introduction and final
approval. Analyses and letters expressing the City's position should always be based on the
latest version. When reviewing the bill text, do not rely solely on the Legislative Counsel's Digest; read the entire bill. The bill-will contain the new or amended language proposed for the California Code. If the department wishes to compare the proposed language with
the actual language of existing law, and does not have the relevant code (Government
Code, Vehicle Code, Election Code, Revenue and Taxation Code, etc.) in the department,
contact the City Attorney's Office with questions.
Attachment B
Page 8
If the bill is later amended, language that is deleted will be lined out and new proposed
language will be shown in italics. Proper timing is vital in the legislative process. The
City's views on a bill are of value only if they reach a legislator or committee before they vote on a bill. Departments should provide the City Manager's Office with information on bills of importance to the City as soon as they are aware of them.
A. Citywide perspective
Often, proposed legislation will have the potential for affecting more than one department. Not always will the impact be the same. While the proposal may be beneficial from the
perspective of one department, it may have negative impacts for another department. It is
essential that these differences be reconciled and a common citywide position is
determined. The City Manager's Office will work with Departments to reconcile
differences.
B. Stating the City's position
Departments should be aware of policies and programs contained in the City of Palo Alto
Comprehensive Plan which relate to their area of responsibility. The City Manager's Office can verify if the League of California Cities or National League of Cities has taken a position on a bill.
The most effective arguments in lobbying a bill are those which contain hard data about
the effects on the City's operations and services. If the bill has potential significant effects for the City, it is well worth the time spent to assemble the examples and cost figures. The best criticism is that which contains suggestions for improvement. If there is little
likelihood of defeating a bill the City opposes, indicate what could be changed to make it
more palatable. Legislators and their staffs are more receptive to communications which
offer concrete ideas. If the department recommendation is to support, oppose, or amend a bill, it is important to
draft the body of a letter that the City Manager's Office can use in writing to the
legislators. The Manager's Office will put the letter in final form and send it to the
appropriate committees, legislators, etc. A copy of the finalized letter will be routed to the
evaluating department for its records.
Legislative Advocacy
The Council is the official voice of the City of Palo Alto. The final authority for determining the position that shall be taken by the City on proposed legislation rests with
the Council. The process outlined below would likely be followed only for key and
controversial topics. In many instances, due to timing or the nature of the issue, the Mayor
may sign a letter supporting or opposing legislation on behalf of the City. This position
would need to be generally consistent with the City's overall guiding legislative principles or the annually adopted priorities.
Attachment B
Page 9
Process: (Taken from CMR: 315:02)
1. Two Councilmembers draft a Council Colleagues Memorandum to refer a ballot
measure or legislative issue to the Policy and Services Committee for review.
2. Staff generates an informational report for the Policy and Services Committee
summarizing the ballot measure or legislative issue. This report will include an
analysis of City policy as it relates to the item, if applicable. It will also indicate if the
League of California Cities has taken a position on the issue.
3. The item is agendized for the Policy and Services Committee meeting.
4. The Policy and Services Committee reviews and discusses the ballot measure or
legislative issue at the meeting.
5. Policy and Services Committee members vote on the propositions and/or legislative issue that the Committee determines are consistent with the City's interests.
6. If the vote is unanimous, the matter is forwarded to the Council as consent calendar
item.
7. If a timeliness issue exists, the item will referred to Council without minutes, and a one page executive summary will be provided. If no timeliness issue exists, the item will be referred with minutes in the usual manner.
Signature on communication regarding legislation. Letters and other communications
expressing the City's position on legislation will customarily bear the signature of the Mayor, particularly when the legislation relates to areas of Comprehensive Plan policies and programs, other Council adopted policies, issues of Council interest, and fiscal
matters.
If the legislation's principal impact is on the City’s operating procedures, the communication may be signed by the City Manager. In these instances, it may increase the effectiveness of the communication to have it co-signed by the head of the department
most directly affected.
In order to keep the Council and others informed of all City communications on
legislation, copies of the letters will be distributed in the Council agenda packet.
Independent lobbying by City personnel. City employees are not to lobby in the name of
the City of Palo Alto unless the activity has been approved by the department head and
City Manager has been informed in advance of the activity.
City advisory commissions and committees. City employees who are staff or liaison to
Council appointed advisory commissions and committees should encourage the bodies to
bring to the attention of the Council proposed legislation upon which they recommend the
Council take a position.
Attachment B
Page 10
The Palo Alto Municipal Code (Section 2.22.060(f)) authorizes the Human Relations
Commission to adopt independent positions on legislation, provided the City Council has
not taken an official position with respect to the legislation. All legislative letters sent by
the HRC and its task forces shall be copied for the City Council. Lobbying Methods
Listed here are a number of ways to inform and persuade legislators and others of the City's position on proposed legislation.
Departmental participation in the planning and implementation of many of these activities
is desirable and important. Departments should let the City Manager's Office know of their
interest and suggestions for lobbying bills they have evaluated. Letters to
The authors of proposed legislation.
The City's elected representatives in the State Legislature and Congress.
The Chair and members of legislative committees.
The Governor or President.
If the letter is being sent within three working days of the scheduled committee hearing
of floor vote, the letter will be faxed or emailed. All records of faxes, mailings, e-mail,
will be maintained by the City Manager's Office.
Telephone calls
Phone calls are useful for discussing with legislative staff the content and
implications of a bill and for suggesting amendments or language clarification.
However, many committees' rules prevent them from counting phone calls as a legitimate expression of a City's position on a bill. Pro and con positions are
recorded only if they are received in writing.
Meetings with Palo Alto's elected representatives either in the district or in
Sacramento and Washington.
It is the Council's practice to invite legislators representing Palo Alto to an annual meeting to discuss all issues of importance to the City during that
legislative session.
Councilmembers are encouraged to attend legislative days set by the National
League of Cities and League of California Cities.
Attachment B
Page 11
Resolutions
The Council is sometimes asked to adopt a resolution expressing its position on a bill. Resolutions are frequently sought by organizations as an indication of
widespread support for a position, but they are less effective than letters when
communicating directly with a legislator.
Testimony
Testifying in person at a legislative committee hearing provides an opportunity to
present the City's position and respond to questions. The City Manager, the Mayor,
a Councilmember, or the staff person with particular expertise in the subject assumes the responsibility.
Editorial support from newspapers serving Palo Alto community
Staff member must seek approval from Manager's Office before submitting editorials in newspapers.
Press Conferences
Press conferences are called by the Mayor and Councilmembers and are staged in a location relevant to the issues being lobbied. Any press conference should be
coordinated with the City Manager's Office.
Coalitions with other jurisdictions
These alliances are not limited to governmental bodies, but extend to all segments
of the broader community that can similarly be affected by the legislation, e.g.
business, nonprofit organization, environmental groups, etc.
Registered lobbyists are retained by the City when their specific skills and expertise are
required.
Guidelines for Letter Writing
Concentrate on the letter content, rather than format. The City Manager's Office
will produce the final letter, addressing it to the proper legislators or committees and securing the appropriate signature. The process can be expedited if the
originating department provides the draft of the letter electronically.
At the very start of the letter, indicate the bill number or title that is the subject of
the letter.
A short concise letter is generally more effective than a lengthy treatise. (Several short letters will carry more weight than one long letter; if there are many good
arguments for supporting or opposing a bill, provide them all to the Manager's
Office but in a form where they can be selectively used in several
communications.)
Attachment B
Page 12
Provide specific examples of the impact of the legislation upon Palo Alto, e.g.
estimated cost or savings, effect upon taxpayers and residents, relationship to the
City's policies, programs, charter, etc.
Think of examples that may be particularly newsworthy.
Relate, when feasible, to the effect the proposed legislation may have upon the
legislator’s constituents.
If advice is needed on what aspects of the legislation can most successfully be lobbied, or what kind of information is most needed by the legislators, it is useful
to talk to the staff of the League of California Cities, of the Legislature's
Committees, or of the individual legislators. The Manager's Office can provide
contact names and phone numbers.
ATTACHED:
Exhibit 1: Sample Federal Letter Exhibit 2: Sample State Letter
Procedure for City Council meetings with other elected representatives
Typically, the Council meets annually with its County, State and Federal representatives.
These meetings are an important component of building legislative relationships and to
share issues of importance to Palo Alto. These meetings should be scheduled at the appropriate times during the respective legislative calendars.
At direction of Council, the other Elected Representative, or the City Manager,
staff will schedule a meeting with the representative.
The City Manager will seek agenda items from the Mayor and Council.
Staff from the City Manager's Office will obtain agenda items from Departments
and staff in the representative’s office.
Agenda for the meeting and a potential list of topics will be published by City Clerk.
Attachment B
Page 13
California State Legislative Timeline 2012
Jan. 1 Statutes take effect
Jan. 4 Legislature reconvenes
Jan. 10 Budget must be submitted by Governor
Jan. 13 Last day for policy committees to hear and report bills
introduced in 2011 for referral to fiscal committees
Jan. 20 Last day for any committee to hear and report to the Floor bills
introduced in their house in 2011.
Jan. 27 Last day to submit bill requests to the Office of Legislative Counsel.
Jan. 31 Last day for each house to pass bills introduced in 2011
Feb. 24 Last day for bills to be introduced
Mar. 29 Spring Recess begins upon adjournment
Apr. 9 Legislature reconvenes from Spring Recess
Apr. 27 Last day for policy committees to hear and report to fiscal
committees fiscal bills introduced in their house
May 11 Last day for policy committees to hear and report to the floor nonfiscal bills introduced in their house
May 18 Last day for policy committees to meet prior to June 4
May 25 Last day for fiscal committees to hear and report to the floor bills
introduced in their house. Last day for fiscal committees to meet
prior to June 4.
May 29 – June 1 Floor session only. No committee may meet for any purpose
June 1 Last day to pass bills out of house of origin
June 4 Committee meetings may resume
June 15 Budget Bill must be passed by midnight
June 28 Last day for a legislative measure to qualify for the Nov. 6 General
Election ballot
July 6 Last day for policy committees to hear and report bills. Summer Recess begins on adjournment, provided Budget Bill has been
passed.
Aug. 6 Legislature reconvenes from Summer Recess.
Aug. 17 Last day for fiscal committees to meet and report bills to the Floor. Aug. 20 - 31 Floor session only. No committee may meet for any purpose.
Aug. 24 Last day to amend on the Floor.
Aug. 31 Last day for each house to pass bills. Final Recess begins on
adjournment.
Sept. 30 Last day for Governor to sign or veto bills passed by the Legislature
before Sept. 1 and in the Governor’s possession on or after Sept.
Attachment B
Page 14
January 30, 2012
The Honorable Barbara Boxer
United States Senate 112 Hart Senate Office Building Washington, DC 20510
Dear Chairman Boxer: As your Committee continues its work on a long-term surface transportation
authorization, I write to urge you to support dedicated funding for bicycle and pedestrian
infrastructure. Walking and cycling are critical modes of transportation for the City of
Palo Alto, providing healthy and environmentally-friendly ways of getting around our community. In 2011, Palo Alto approved a comprehensive bicycle and pedestrian master plan to help the City become a leader in providing transportation choices to its citizens.
Partnership with the federal government is one of many components of reaching the goals
outlined in our plan.
Today, programs such as Transportation Enhancements, Safe Routes to School, and Recreational Trails provide dedicated sources of funding for non-motorized
transportation projects. As you know, the current version of MAP-21 proposes to
eliminate these distinct pots of funding and force bicycle and pedestrian projects to
compete against costly requirements such as environmental mitigation. While we appreciate your efforts to protect eligibility for bicycle and pedestrian projects, we are concerned that under the current bill these types of projects would rarely, if ever, be
awarded funding.
While efforts to save money and to refocus transportation programs toward
national needs are laudable goals, eliminating dedicated funding for non-motorized projects achieves neither. Nationally, 12 percent of all trips are made by walking or
bicycling, while these projects receive less than two percent of federal transportation
funding. Walking and cycling facilities are cost-effective projects that enrich our
communities, provide substantial economic benefits, and ease traffic congestion for drivers
by taking cars off the roadway.
Attachment B
Page 15
As Chairman of the Environment and Public Works Committee and a leader in
transportation and environmental issues, I ask that you work to protect dedicated funding
for bicycle and pedestrian infrastructure. These programs will help the City of Palo Alto
provide diverse transportation choices and ensure that all users of our transportation system have safe and reliable options.
Sincerely,
Yiaway Yeh, Mayor City of Palo Alto
cc: Palo Alto City Council James Keene, City Manager – City of Palo Alto
Curtis Williams, Director of Planning & Community Services – City of Palo Alto
Mike Sartor, Director of Public Works – City of Palo Alto
Attachment B
Page 16
September 14, 2011
Governor Edmund G. Brown, Jr.
State of California State Capitol Building Sacramento, CA 95814
RE: Request for Signature of SBx1 4 (Budget Committee)
Dear Governor Brown:
On behalf of the of Palo Alto I respectfully request your signature on SBx1 4. This measure amends and removes a provision included in AB X1 16, that would create a
new maintenance of effort (MOE) requirement on all frontline municipal police services
for cities to receive COPS (Citizens’ Option for Public Safety) funding.
Given the current economic reality, Palo Alto has made reductions in police staffing. Palo Alto is especially concerned that this MOE requirement will leave us ineligible to receive
COPS funding our community depends on unless we significantly cut other local services.
This MOE language will tie the hands of cities in a time of considerable fiscal difficulty, when flexibility should be maximized so we can provide the highest level of services to our community with diminished resources.
In many cities, like Palo Alto, returning frontline municipal police funding to the FY 2010-
11 levels will require offsetting cuts in other essential local services. The very real
outcome is cities, including Palo Alto, will have little choice but to reject the COPS grants because the potential grant monies are insufficient to justify necessary cuts to other
services.
The MOE language is also unnecessary because the non-supplant language that has been
in place for 15 years has ensured the grant monies for cities, counties, and police protection districts is used as intended.
For these reasons, the City of Palo Alto respectfully requests your signature on SBx1 4,
following your signature of ABx1 16, so that the harmful MOE provisions applicable to cities are removed.
Attachment B
Page 17
Thank you for your attention to this pressing issue. Please contact me at (650) 329-2571 if
you have any questions about our concerns.
Mayor Sid Espinosa
City of Palo Alto
Cc: Aaron Maguire, Deputy Legislative Secretary, Office of Governor Brown, via email
(aaron.maguire@gov.ca.gov)
Attachment C. Federal Legislative Priorities
TO: James Keene, City Manager
FROM: Steve Palmer and Thane Young
DATE: March 21, 2012
SUBJECT: City of Palo Alto Federal Agenda with Policy and Services Committee Revisions
_____________________________________________________________________________
Council Priorities
In concert with the City Council’s five priorities for 2012, Van Scoyoc Associates (VSA) has
developed a proposed federal agenda for the City Council’s consideration. We met with the
Policy and Services Committee on March 13 and thoroughly discussed the federal agenda. The
Committee recommended changes, which are incorporated into this memo. Once approved by
Council, VSA is prepared to advocate on behalf of the City’s priorities. VSA also will help the
City address other issues as they emerge and will advance the City’s concerns to the Congress
and relevant federal agencies, while working to build key coalitions with organizations such as
the National League of Cities.
To further enhance the City’s efforts in Washington, DC, VSA will work with the City to more
actively engage council members in advocacy efforts. The City will also establish linkage and
coordination with businesses and other groups in the City, as appropriate, to advocate for
common interests of the greater Palo Alto community. VSA also will continue to send regular
reports on major legislative and policy initiatives of interest to the City. And, as discussed, we
are committed to provide regular updates on status and strategy for City priorities in order to
demonstrate progress and measurable achievements for the City’s engagement on federal issues.
Washington’s Political Climate
While it is anticipated that 2012, being an election year with a divided Congress, will produce
little in the way of legislation, this year may surprise many. For example, after nearly five years
and 23 extensions, Congress earlier this year passed a bill to fund airport development and the
Federal Aviation Administration. The Senate has passed a surface transportation bill and the
House is working on its version of the bill. The Senate is expected to tackle postal service
reform and cyber security legislation, as well as a separate bill to enhance punishments for
identity theft and other violations of data security.
The President sent his proposed FY 2013 budget to the Congress in mid-February and hearings
and committee markups on the budget blueprint will begin in the House this week. While the
House and Senate are not expected to agree on a budget resolution, leaders in both bodies are
committed to moving the annual appropriations bills in regular order, a process that has eluded
Congress in recent years. Congressional action on the twelve appropriations bills will begin in
April.
Attachment C. Federal Legislative Priorities
Work on a deficit reduction package continues, as a bipartisan, bicameral group of legislators is
trying to gain consensus on a comprehensive long-term debt reduction bill that could be debated
this spring. While enactment is unlikely early in the year, their work could set the stage for a
major debt reduction deal later this year.
Legislative activity will slow this summer, as the two parties focus on their respective
nominating conventions in August and September. However, the post-election, lame duck
session could be one of the busiest and most productive periods in recent memory, similar to the
surprisingly productive lame duck session of Congress after the 2010 election. During this
period numerous tax proposals could be under consideration as part of a deficit reduction bill,
and major legislation that has awaited congressional action for quite some time--perhaps a multi-
year farm bill--could pass the Congress and become law.
VSA Advocacy on City Council Priorities
Outlined below are some of the specific activities that VSA has been working on in support of
the City Council’s priorities for 2012.
City Finances and Federal Tax Proposals
Preserve Tax Exempt Bonds.
Support the implementation of the Mainstreet Fairness Tax Act (tax collection on internet
sales.)
Monitor the development of transient occupancy tax legislation in order to maintain
investment in local hotels.
Oppose the Wireless Tax Fairness Act, which preempts local revenue raising authority.
The President has proposed various revisions to the tax code in his FY 2013 budget and a recent
corporate tax reform proposal. However, the prospects for significant comprehensive change
this year are rather remote. The President’s budget includes limitations on personal deductions
for higher income earners, which would affect the marketability of municipal tax-exempt bonds.
Closing this perceived loophole for investors who are in the higher tax brackets would require
bond issuers to pay a higher interest rate to attract those same borrowers, increasing the cost to
local governments for bond financing. VSA is convinced that this proposal will remain an issue
for the foreseeable future, and the active engagement of public interest groups and the finance
industry will be required in order to retain current law.
Other tax proposals could gather momentum during the year, including the Main Street Fairness
Tax Act, which is being supported by organizations such as the U.S. Conference of Mayors to
replace revenue lost from federal budget cuts. This act would allow state and local governments
to collect sales tax from online purchases. Other proposals requiring the City’s attention could
include the Wireless Tax Fairness Act, which preempts local governments’ ability to assess fees
on wireless communication devices as revenue continues to decrease from traditional land line
excise taxes. Additionally, online travel service providers remain focused on securing legislation
Attachment C. Federal Legislative Priorities
to prohibit local governments from collecting transient occupancy taxes on hotel rooms booked
through the internet.
At the end of this calendar year, the President and Congress are expected to face a huge number
of tax bills that could have significant impact on the economy. On that date, the Bush-era tax
cuts are scheduled to expire, raising rates on investment income, estates and gifts, and earnings at
all levels. The marriage penalty for joint filers will spring back to life, the value of the child
credit will drop from $1,000 to $500, and the rate everyone pays on the first $8,700 of wages
will jump from 10 percent to 15 percent. The Social Security payroll tax will pop back up to 6.2
percent from 4.2 percent under the deal recently approved by Congress. New Medicare taxes
enacted as part of President Barack Obama's health care initiative will for the first time strike
high-income households.
Add to that the fact that on January 3, 2013, if Congress does nothing to cut the federal budget
deficit by $100 billion, there will be an across-the-board “sequestration” of federal funds totaling
nearly $100 billion. Half of that amount will be cut from defense programs and half from non-
defense spending, if Congress does not cut that amount before that date.
Emergency Preparedness
Advocate for the continued funding of Fire Equipment grants to better equip local fire
stations.
Advocate for the continued funding of Staffing and Adequate Fire and Emergency
Response (SAFER) grants.
Support the Office of Emergency Services through continued funding of Emergency
Management Performance grants.
Support the Mobile Emergency Operations Center though the continued funding of
Emergency Operations Centers.
Emergency preparedness has not been spared from budget cuts. As you can see from the
attached spreadsheet of federal programs important to the City, the FY 2013 budget request
proposes modest cuts in grants funding for fire departments but deeper reductions for law
enforcement programs, except for police hiring. Congress is likely to reduce spending for all
these programs this year. For Department of Homeland Security (DHS) grants, local grant
programs are being consolidated into one program, with more funding decisions being made at
the state level. VSA will be advocating for the highest level of funding and greater flexibility at
the local level for how these funds can be spent.
Environmental Sustainability
Strengthen support for the San Francisquito Creek Flood Control project.
Monitor development of the South Bay Shoreline study being conducted by the U.S.
Army Corps of Engineers to address coastal flooding concerns and consistency with the
San Francisquito Creek flood control project.
Monitor the development of climate adaption and climate change regulations and
policies.
Attachment C. Federal Legislative Priorities
Oppose the residual risk mapping in the National Flood Insurance Program
reauthorization.
Monitor the development of energy sustainability legislation such as the Property
Assessed Clean Energy (PACE) Protection Act.
Monitor upcoming Environmental Protection Agency (EPA) stormwater regulations.
Monitor upcoming EPA and Army Corps of Engineers Waters of the U.S. guidance.
Work with City to identify a potential major secondary power supply for the City, with
VSA advocating for federal funding.
Flood protection along San Francisquito Creek remains a high priority for the City. VSA is
working closely with the JPA to secure additional funding for the flood control study and to
ensure that the local sponsor receives appropriate credit from the Army Corps of Engineers for
the early construction phases of the project. Unfortunately, the President’s budget request did
not include funding for the study; however, Congress can be expected to again provide additional
funds in this year’s Energy and Water Development Appropriations bill for projects not included
in the budget request. Additionally, VSA will be seeking to strike a provision from the Senate
version of the National Flood Insurance Program reauthorization bill that would keep areas
protected by levees on floodplain maps, requiring insurance coverage and building restricts
regardless of the flood protection provided. This could be a disincentive for local residents to
support an assessment for flood control improvement, knowing that flood insurance would still
be required for the protected area.
Legislation to overtly address climate change is highly unlikely. However, EPA will move
ahead with regulations to control greenhouse gases. Energy assistance programs will experience
significant cuts, but legislation to preserve the Property Assessed Clean Energy (PACE) program
could advance, at least as an impetus to overturn by regulation a decision last year by the Federal
Housing Finance Administration to discontinue the program on residences financed by federally-
backed mortgages.
Early this year EPA is expected to propose new regulations for stormwater management and
guidance for determining waters of the United States. Both regulatory actions could impose
significant new costs on the City. The stormwater rule is expected to require more on-site
retention, pervious pavements, and plans to retrofit existing development. The guidance could
introduce additional regulation of the City’s municipal separate storm sewer system, ditches, and
wastewater or reuse facilities.
Land Use and Transportation Planning
Oppose the California High Speed Rail project.
Support funding for Caltrain modernization.
Monitor the development of further Transportation Investment Generating Economic
Recovery (TIGER) grants in order to support the Highway 101 Pedestrian/Bicycle
Overpass project and other transportation livability projects.
Transfer the U.S. Postal Service building on Hamilton Avenue to the City for appropriate
reuse.
Attachment C. Federal Legislative Priorities
This year, Congress is debating legislation to extend the funding of highway, transit, and rail
programs for 2012-13. The key issue delaying the bill is the lack of revenues needed to finance
these programs, as the Highway Trust Fund will run out of money later this year. The Senate is
has completed work on its bill and the House would like to finish its bill by the end of March.
While earmarks are still forbidden, the Department of Transportation (DOT) continues to have a
number of competitive grants for highway and transit programs, serving as a possible source of
funding for road, bridge, and bicycle/pedestrian projects. DOT also has $500 million in TIGER
grant funds to award this year. While this grant program is extremely competitive, it is an
opportunity for the City to seek funding for critical transportation projects. If the City applies for
any of these grants, VSA will work with Senators Boxer and Feinstein, as well as Representative
Eshoo to urge DOT to award grant funds to the City.
High speed rail clings to life in Washington, as the President’s FY 2013 budget proposes $2.5
billion to continue a national program. Given opposition in the House of Representatives to this
program, it is unlikely to garner much support in Congress. Regardless, it remains a priority of
this Administration. We will continue to monitor and report to the City on any developments
related to high speed rail and advocate for funding for Caltrain modernization.
VSA will work with the City to seek conveyance of the Post Office building on Hamilton
Avenue. VSA will provide information to the City on the USPS property disposal process and
work with the relevant federal agencies and legislators as appropriate to transfer the property to
the City for redevelopment.
Community Collaboration for Youth Well Being
Advocate for the continued funding of Community Oriented Policing Services grants in
order to support the hiring of local law enforcement.
Monitor the solicitation of Juvenile Justice Program grants in order to further support
Project Safety Net and the Development Assets program.
Advocate for continued funding of Community Development Block (CDBG) grants.
Seek public safety funding for the proposed City Public Safety Building identified in the
IBRC report.
Community Oriented Policing is one of the few bright spots for local government in the budget
request. While the final appropriation might not meet the 29 percent increase proposed by the
President, Congress is expected to retain this program as a priority. Other law enforcement
programs do not fare as well, and additional cuts can be expected in juvenile justice programs.
CDBG will remain a priority for local government advocacy groups; however, this program will
remain under the budget knife because it is widely perceived as federal assistance for strictly
local government functions, over which federal agencies and Congress have little control. VSA
will continue to work with the National League of Cities and other public interest groups to
preserve current levels of funding for FY 2013.
###
Information on President Obama's FY13 Budget for Palo Alto
Program Agency
FY12 President's
Request FY12 Enacted
FY13 President's
Request Change ($)Change (%)
Community Development Block Grant HUD 3.684 billion 3.3 billion 2.948 billion ‐352 million 10.6%
HOME Investment Program HUD 1.673 billion 1 billion 1 billion 0 0
Choice Neighborhoods HUD 250 million 120 million 150 million +30 million 25%
Byrne Justice Assistance Grants DOJ 519 million 470 million 430 million ‐40 million 8.5%
State and Local Law Enforcement Assistance DOJ 1.173 billion 1.162 billion 781.5 million ‐380.5 million 33%
Juvenile Justice Programs DOJ 280 million 262.5 million 245 million ‐17.5 million 6%
COPS Hiring DOJ 669.5 million 198.5 million 257 million +58.5 million 29%
Clean Water State Revolving Fund EPA 1.55 billion 1.468 billion 1.175 billion ‐293 million 20%
Drinking Water State Revolving Fund EPA 990 million 919 million 850 million ‐69 million 7%
High Speed Rail DOT 8.3 billion 0 2.5 billion 2.5 billion 100%
National Infrastructure Investments (TIGER)DOT 2 billion 500 million 500 million 0 0
Assistance to Firefighter Grants DHS 250 million 337.5 million 335 million ‐2.5 million 0.07%
Staffing for Adequate Fire & Emergency Response Grants DHS 420 million 337.5 million 335 million ‐2.5 million 0.07%
General Investigations ACOE 104 million 125 million 102 million ‐23 million 18%
Construction General ACOE 1.48 billion 1.694 billion 1.471 billion ‐223 million 13%
Opeartions and Maintenance ACOE 2.314 billion 2.412 billion 2.398 billion ‐14 million 0.50%
Attachment D. 2012 State Legislative Priorities
1
State of California
On January 5, 2012, the Governor proposed a 2012-13 state spending plan with $92.6 billion of
General Fund expenditures, $39.8 billion of spending from state special funds, and $5.0 billion
of bond fund expenditures. In addition, the budget assumes that $73 billion of federal funds
flow through state accounts in 2012-13. The cornerstone of the plan is its assumption that
voters will approve the Governor’s proposed tax initiative in November 2012. The Governor’s
Office estimates indicate that the state will end 2011-12 with a $4.1 billion deficit. Additionally,
in 2012-13, increased costs are projected that will contribute to a shortfall of over $5 billion.
Combined, the state faces an estimated budget problem of $9.2 billion to address prior to the
state adopting the FY 2012-13 budget.
With respect to the impact of the State’s 2011-12 budget on the City of Palo Alto the
Sacramento Superior Court’s ruling in the Vehicle License Fee case is something to watch.
Included in the final budget bill was SB 89, a budget trailer bill that passed during the final
hours of the session without debate, which swept $130 million in city vehicle license fee funds.
While there was a corresponding action that partially offset this loss by reinstating some
restricted police service funding, the net negative impact to Palo Alto is approximately $200,000
annually.
Also under the final 2011-12 budget bill signed by the Governor, if the State falls between $1
billion and $2 billion short in revenues, the budget calls for "trigger" cuts in higher education,
social services and public safety. If the State falls more than $2 billion short, the State will cut
K-12 schools and community colleges.
Despite passage of the budget, the State’s finances remain in an unstable position. With
California’s continuing structural budget deficit, estimated to be over $9 billion through June
2012, it will be very important that the City follow legislative proceedings closely and strongly
hold an advocacy position that: opposes any unfunded or under-funded mandates, changes
that affect the timing of payments to local governments and any legislation that reduces or
erodes local revenues or local control; supports positive reform of the state fiscal structure and
procedures, and; ensures local governments’ revenue sources are protected.
For the City’s 2012 state legislative program and priority areas are:
1. Track League-supported bills and evaluate their application to the City. See the LOCC’s
Summary of Existing Policy and Guiding Principles attached as Exhibit 1.
2. Track progress of ballot measures relating to pension reform, including the Governor’s 12
point pension reform plan and take appropriate positions on legislation.
3. Follow the progress of ballot measures intended to revise various State-level budget and
governance reforms and determine impacts to City of Palo Alto.
Attachment D. 2012 State Legislative Priorities
2
4. Monitor the development of the State budget and take positions to support or oppose
proposals depending on the impact to Palo Alto, particularly as they relate to the taking or
borrowing of local revenues.
5. For the 2012 California Legislative Session, closely monitor legislation that may be
introduced that affects funding to local governments including, but not limited to Transit
Occupancy Tax, Utility User Tax, and Gas Tax.
6. Coordinate with and support the Utilities Department Legislative Program, which preserves
and enhances local flexibility in the control and oversight of matters impacting utility
programs and rates for City customers. See Utilities 2012 Legislative Policy Guidelines
included as Exhibit 2.
7. Coordinate with and support the Rail legislative program and advocate to monitor and
support State rail legislative activity. See bills of interest that City’s rail advocate is tracking
in Exhibit 3.
8. Advocate for the continued funding of local first responder public safety grants for police,
fire, public works, utilities, emergency management, and related facilities and capabilities
and continued funding of Emergency Management Performance Grants and the Urban Area
Security Initiative (UASI). Monitor initiatives related to regional planning, radio
interoperability, and data sharing.
9. Monitor statewide bag and plastic foam ban legislation, pharmaceutical collection legislation,
and conservation pricing for refuse.
10. Work with the California Air Resources Board's on implementation of AB 32 (“Global
Warming Solutions Act”).
11. Monitor SB375, Government Code 65-915 concerning concession and benefits, parcel tax
exemption, and possible legislation concerning energy renewables and water policies.
In addition, staff is utilizing a legislative tracking system in 2012 called Capitol Track. The
platform enables the City to find and track bills of interest, stay up to date on important bills,
store notes and positions on bills, and run customized reports. Included in Exhibit 3 is a list of
the bills of interest that the City is tracking in coordination with Departments, the Utilities
Legislative Program and the City’s Rail Advocate. Staff is actively monitoring the bills and
receiving action alerts as the bills are being heard and modified in various Committees. The
legislature is currently hearing over 650 bills in various Committees. Staff will regularly update
this list and provide periodic reports to Council. Council may also at any time refer a bill for
further staff analysis.
Exhibit 1. League of California Summary of Existing Policy and Guiding Principles
Exhibit 2. Utilities 2012 Legislative Policy Guidelines
Exhibit 3. Bills of Interest
Summary of
Existing Policy and
Guiding Principles
M A R C H 2 0 1 2
The Summary of Existing Policy and Guiding Principles document
is available in PDF format on our Web site:
www.cacities.org/summary
1400 K Street
4th Floor
Sacramento, CA 95814
916.658.8200
916.658.8240 Fax
www.cacities.org
VISION
To be recognized and respected as the leading advocate
for the common interests of California’s Cities.
MISSION STATEMENT
To expand and protect local control for cities through education and advocacy
to enhance the quality of life for all Californians.
WE BELIEVE
• Local self-governance is the cornerstone of democracy.
• Our strength lies in the unity of our diverse communities of interest.
• In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with openness, respect, and civility.
• The spirit of public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• Cities are the economic engine of California.
• The vitality of cities is dependent upon their fiscal stability and local autonomy.
• The active participation of all city officials increases the League’s effectiveness.
• Focused advocacy and lobbying is most effective through partnerships and collaboration.
• Well-informed city officials mean responsive, visionary leadership, and effective and efficient city operations.
ABOUT THE LEAGUE
Established in 1898, the League of California Cities is a member organization that represents
California’s incorporated cities. The League 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, the League provides its members
with professional development programs and information resources, conducts educational
conferences and research, and publishes Western City magazine.
To learn more about the League and how to be involved, see inside back cover.
League of California Cities • www.cacities.org • March 2012 1
Introduction
This edition of Summary of Existing Policy and Guiding Principles marks the seventh time since
1997 that the League has published a summary of its existing policies. The original document was
prepared by researching and summarizing policy guidelines and positions on past legislation adopted
by the League, as well as past League Annual Conference resolutions. It was updated in 2000, 2002,
2004, 2006, 2008, 2010 and again in 2012.
The Summary was developed with the assistance of the eight standing League policy committees and
the League Board of Directors to ensure that the content accurately reflects existing League policy.
The 2012 edition reflects policy changes adopted by the League through February 2012 through review
of legislation and annual conference resolutions. The Summary is posted on the League’s Web site
(www.cacities.org/summary) in its entirety, as well as on individual policy committee pages.
The Summary of Existing Policy and Guiding Principles is intended to be a living reference that is
updated periodically to reflect changes to League policy made throughout the year. In addition, the
League uses it to review new legislation that is introduced to determine how it relates to existing
League policy. We encourage all cities to review the document carefully and to visit our Web site to
identify any additions since this March publication date. The Summary can be of assistance in better
understanding League policy and positions on state and federal legislation. In addition, we encourage
cities to adopt all or part of the Summary so that they may be able to respond in a timely manner to
new legislation introduced at the state and federal levels. This will permit cities to become more active
in the legislative process and involved in issues impacting cities.
We hope you will find the Summary useful in your city’s involvement in the legislative process and the
League. Please do not hesitate to relay any comments you may have about this reference guide to the
League’s Sacramento office. Your suggestions are always welcome.
Executive Director
League of California Cities
March 2012
League of California Cities • www.cacities.org • March 20122
Administrative Services ...............................................................3
Brown Act/Public Records Act ..............................................................3
Political Reform Act of 1974 (PRA) ........................................................3
Governance, Transparency, and Ethics ..................................................3
Elections ................................................................................................6
Recall Elections .....................................................................................6
Elected Officials .....................................................................................6
Legal Issues: ..........................................................................................6
Smoking and Tobacco Control ..............................................................7
Community Services .....................................................................8
Arts, Cultural Resources, Historic Preservation and Activities .............8
Child Care ..............................................................................................8
Children .................................................................................................8
Park Bond Funds ...................................................................................8
Public Libraries ......................................................................................8
Seniors ...................................................................................................8
Healthy Cities ........................................................................................9
Employee Relations .......................................................................9
Labor Relations ......................................................................................9
Public Sector Pensions, Compensation and
Other Post-Employment Benefits (OPEBs) ......................................10
Workers’ Compensation ......................................................................13
Other Employer and Employee
Related Issues .................................................................................13
Federal Fair Labor Standards Act (FLSA) .............................................14
Succession Planning and Mentoring ...................................................14
Environmental Quality ...............................................................14
Air Quality ............................................................................................14
Climate Change ...................................................................................14
Hazardous Materials ...........................................................................15
Integrated Waste Management ..........................................................16
Electronic Waste .................................................................................17
Extended Producer Responsibility (EPR) .............................................17
Single-Use Carryout Bags ....................................................................17
Utilities ................................................................................................18
Electric Industry Restructuring ............................................................18
California Environmental Protection Act (CEQA) ................................21
Procedures and Notices ......................................................................21
Definition of a Project .........................................................................21
Significant Environmental Effect .........................................................22
Alternatives .........................................................................................22
Coastal Issues .....................................................................................22
Miscellaneous .....................................................................................22
Water Policy Guidelines .............................................................24
TABLE OF CONTENTS ..........................................................................24
I. CALIFORNIA WATER: GENERAL PRINCIPLES .................................26
II. WATER CONSERVATION ..............................................................26
III. WATER RECYCLING ......................................................................27
IV. WATER QUALITY ...........................................................................27
V. AREAS OF ORIGIN ........................................................................29
VI. WATER STORAGE .........................................................................29
VII. CONVEYANCE SYSTEMS ...............................................................29
VIII. FLOOD MANAGEMENT .................................................................30
IX. GROUNDWATER ...........................................................................31
X. FISH AND WILDLIFE .......................................................................31
XI. DRAINAGE ....................................................................................32
XII. RECREATION .................................................................................32
XIII. NEW TECHNOLOGY .......................................................................32
XIV. FINANCIAL CONSIDERATIONS ......................................................32
APPENDIX A ........................................................................................33
APPENDIX B .........................................................................................34
Housing, Community and Economic Development .........38
Planning and Zoning ............................................................................38
Housing Element .................................................................................39
Housing Finance .................................................................................39
Economic Development ......................................................................39
Eminent Domain ..................................................................................40
Rent Control ........................................................................................40
Subdivision Map Act ............................................................................40
Residential Care Facilities ...................................................................40
Development Fees ..............................................................................40
Annexation and Incorporation ............................................................40
Development Agreements ..................................................................41
Building Standards ..............................................................................41
Housing for Homeless .........................................................................41
Military Base Closure And Reuse ........................................................41
Mobile Home Regulation .....................................................................41
Sign Regulation ....................................................................................41
Principles for Smart Growth: ..............................................................41
Public Safety ..................................................................................43
Fire Services ........................................................................................43
Emergency Services ............................................................................43
Law Enforcement ................................................................................43
Emergency Communications Interoperability .....................................44
Wildland Urban Interface ....................................................................44
Nuisance Abatement ...........................................................................44
Violence ...............................................................................................44
Indian Gaming .....................................................................................44
Alcohol ...............................................................................................44
Marijuana Regulation ..........................................................................45
Graffiti ..................................................................................................45
Sex Offender Management .................................................................45
Corrections ..........................................................................................45
Miscellaneous .....................................................................................45
Revenue and Taxation ................................................................46
Cities and the League ..........................................................................46
Legislature or the Voters .....................................................................46
State Mandates ...................................................................................47
Additional Revenue .............................................................................47
Reduce Competition ............................................................................47
Funding for Counties ...........................................................................47
Regional Revenues ..............................................................................47
Federal Streamlined Sales and Use Tax Agreement (SSUTA) ..............48
Transportation, Communication and Public Works ........48
Transportation .....................................................................................48
Public Works ........................................................................................49
Vehicles ...............................................................................................49
Contracts .............................................................................................49
Telecommunications ...........................................................................49
Air Pollution .........................................................................................50
Table of Contents
League of California Cities • www.cacities.org • March 2012 3
Administrative Services
»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.
• The League supports legislation that includes less-than-
a-quorum advisory committees within the definition of
“legislative body” as defined in the Ralph M. Brown Act, if the
committee is composed solely of members of the legislative
body whose subject matter jurisdiction has cumulatively
lasted two years or less.
• The League supports alternative methods of meeting public
notice requirements and enhancing them through the use of
cost effective and innovative, technology friendly methods of
communication.
Political Reform Act of 1974 (PRA)
• The League supports legislation and regulations that establish
sound practices and principles related to political campaigns.
Regulations and legislation that restrict or preempt local
authority will be opposed.
• The League should continue to explore opportunities to
improve and streamline the Political Reform Act and its
implementation through regulations.
• The League supports an increase in the fee for the
reproduction of statements required under the Political
Reform Act from ten cents ($0.10) per page to twenty-five
cents ($0.25) per page.
• The League 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.
Governance, Transparency, and Ethics
• Public trust and confidence in government is essential to the
vitality of a democratic system and is 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.
Administrative Services
Scope of Responsibility
The Committee on Administrative Services reviews election law,
insurance and tort reform, open meeting law, (the Brown Act), the
Public Records Act, the Political Reform Act and other conflict of
interest laws, and the regulation of smoking and tobacco products.
Summary of Existing Policy
and Guiding Principles
Open Meeting Law (Ralph M. Brown Act) & Open Access to Public Records (California Public Records Act)
• The League supports legislation that recognizes the need
to conduct the public’s business in public. To this end, the
League supported and was a co-sponsor of the original Ralph
M. Brown Act and supports legislation that conforms to the
intent of the Act. The League 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.
• The League opposes legislation claiming to enhance open and
public meetings that in practice unnecessarily complicates
the ability of a local governing body to properly communicate
with the public and that discourages communications among
governing body members through unproductive restrictions
and inappropriate activities.
• The League opposes legislation that would impose further
unnecessary restrictions on the action that a governing body
can take in closed sessions.
• The League 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 granted to individuals under the U.S. and
California constitutions.
»The personnel issues that have a potential impact on an
individual’s career and potential earning capacity and that
raise serious liability questions for a local jurisdiction.
League of California Cities • www.cacities.org • March 20124
Administrative Services
Recall Elections
• The League supports legislation that maintains the integrity of
the recall process.
• The League 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
• The League 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. The League supports legislation
to extend or provide protection to elected and appointed
officials from the unauthorized publication of their home
addresses or telephone numbers in newspapers or similar
periodicals.
• The League supports requiring both elected local and state
officials to maintain their place of residence in the jurisdiction
they were elected to represent.
Legal Issues:
1. Attorney-Client Privilege
a. The League recognizes the special role of public
agency attorneys in protecting the public interest,
while at the same time maintaining appropriate and
critical attorney-client confidentiality. The basis for
this position is the belief that it is the public agency
that is the public agency attorney’s client, not an
individual public official. Thus, the League 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.
• 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 ethical behavior as is imposed
on local officials and agencies.
• The League supports legislation that strengthens the ethics
laws related to the Board of Administration (Board) for the
California Public Employees’ Retirement System (CalPERS)
including banning the ability for former Board members to do
business with CalPERS.
Elections
• The League supports legislation that reduces any unnecessary
and costly procedures for conducting a municipal election.
The League opposes legislation that mandates costly and
unnecessary procedures related to the election process.
• The League supports providing city councils more flexibility to
fill city council vacancies including extending the appointment
period to fill a vacancy.
• The League supports mail ballot elections.
• The League 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, the League supports
allowing the city council to refer it to the planning agency for a
report on the measure’s effects.
• The League supports legislation that facilitates newly sworn
citizen’s voter registration.
• The League supports permitting elections officials to
administer voter information electronically so long as such a
process remained voluntary to voters.
• The League 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.
• The League supports a process that would allow a city
presented with an allegation of a violation of the California
Voter Rights Act (CVRA) to address the allegation before any
person may file a lawsuit related to the alleged violation.
League of California Cities • www.cacities.org • March 2012 5
Administrative Services
• The League supports and advocates that all 480 California
cities be equitably included in the distribution of moneys that
the state receives from the Tobacco Settlement Memorandum
of Understanding, and believes that the moneys received by
counties should benefit all cities within the county and that
cities have input into the decision-making process.
• The League supports legislation that requires tobacco retailers
to obtain a state-issued license to sell tobacco products,
as long as the legislation does not restrict or preempt the
ability of cities to enact and enforce their own retail licensing
programs and to enforce the state-wide licensing program.
• The League also supports legislation designed to restrict the
sale of illegal, counterfeit tobacco products.
Note: The League will review new legislation to determine how it relates
to existing League policies and guiding principles. In addition, because
this document is updated every two years to include policies and guiding
principles adopted by the League during the previous two years, there may
be new, evolving policies under consideration or adopted by the League
that are not reflected in the current version of this document. However, all
policies adopted by the League Board of Directors or the League’s General
Assembly become League policy and are binding on the League, regardless
of when they are adopted and whether they appear in the current version
of “Summary of Existing Policies and Guiding Principles.”
1. Government Liability and Tort Reform
a. The League 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.
b. The League 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.
1. Private Sector Liability
a. The League will work closely with private sector
representatives to evaluate the potential for League
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 the League policy process.
b. The League supports legislation that enables cities to
better prosecute unfair competition cases (Business
and Professions Code 17200) in order to protect
consumers and their residents, and that removes the
750,000 population and District Attorney approval for
city attorney action in this area. The League opposes
legislation that restricts cities from pursuing unfair
competition cases beyond the restrictions in current
law (2003).
Smoking and Tobacco Control
• The League supports legislation that establishes a statewide
smoking and tobacco control standard, as long as such
legislation does not preempt the ability of cities and counties
to enact local laws that are stronger than the statewide
standard or to regulate in areas not covered in the statewide
standard. The League opposes legislation that would restrict
such local authority.
• The League supports legislation that limits the ability of minors
to obtain tobacco and tobacco related products.
League of California Cities • www.cacities.org • March 20126
Community Services
• The League encourages cities to promote anti-bullying efforts
across California as well as provide education and awareness
to the general public about the imminent health and safety
concerns for bullied children.
Park Bond Funds
• The League believes that any statewide park bond measure
should include a component that provides per capita grants to
cities and counties. The League opposes tying local eligibility
for grant funds to non-park related issues, such as rent control
or housing element status.
Public Libraries
• The League supports full funding of the Public Library Fund
so that the State of California can fully fund its share of the
program, understanding how libraries play an integral role in
building and sustaining our communities. (Additional library-
related policy is included in “Restructuring California’s Public
Library Services,” the report of a joint task force co-sponsored
by the League, CSAC, California Library Association and the
California Association of Library Trustees and Commissioners.)
• The League 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. The League 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
• The League encourages cities to recognize seniors as
a valuable state resource and to develop and improve
intergenerational programs and activities. The League supports
legislation that would provide funding for side-by-side day
care facilities for California’s youth, adults and seniors.
Community Services
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
Arts, Cultural Resources, Historic Preservation and Activities
• The League supports continued state funding that
recognizes the important role of local arts activities and
historic preservation in community life and how these
cultural activities affect the social health and economic
vitality of cities.
Child Care
• The League supports the creation of more affordable,
innovative and quality parks and recreation and child care
options for parents and concurrently encourages adherence to
strict regulations and guidelines.
Children
• The League 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. Further, it is essential that each child have the support
needed to become a productive citizen in the world of the
21st Century. This involves supporting diverse before-and-
after-school programs and creating stronger linkages between
municipal services and school-based job training programs in
order to produce more job placement opportunities.
• The League promotes the development of a cooperative
program with the goal to increase enrollment of California’s
children in the Healthy Families Program.
League of California Cities • www.cacities.org • March 2012 7
Employee Relations
Employee Relations
Scope of Responsibility
The Committee on Employee Relations reviews issues related to
the field of labor relations and human resource management.
Summary of Existing Policy
and Guiding Principles
Labor Relations
• The League supports legislation that specifically exempts
local public agencies from the requirement to negotiate with
any labor or special interest group about matters submitted
to the voters of that jurisdiction as initiatives or Charter
amendments.
• The League supports efforts to promote, initiate and improve
both public and private sector labor-management relations.
• The League supports the long-held position of California courts
that public employees cannot engage in strikes.
• The League opposes any system of compulsory and binding
interest arbitration, including state-mandates and the
imposition of binding arbitration through the initiative process.
No arbitrator board or other private person should have any
control, direct or indirect, over local budgets, revenues or
appropriations.
• The League opposes any legislative action that requires
the continuation of the terms of any Memorandum of
Understanding (MOU) between a public agency and an
employee organization until a successor MOU is agreed upon.
• The League opposes any extension of the State Public
Employment Relations Board jurisdiction over local public
agency labor relations disputes and charges of unfair labor
practices, and also opposes any interference or intervention in
local collective bargaining by all labor-management relations
councils or boards.
• The League opposes state-mandated compulsory mediation
or fact-finding processes that are not mutually agreed upon by
the local public agency and its employee organizations, except
as provided by local law.
Healthy Cities
• The League encourages California cities to help parents make
healthy family choices; create healthy schools; provide access
to healthy and affordable foods; and adopt city design and
planning principles that promote physical activity.
• The League encourages cities to involve youth,
especially middle and high school students, with city
health-related programs.
• The League encourages cities to address the needs of an
aging population through local and statewide planning,
education and conference programming.
• The League encourages cities to establish their own rules
and regulations pertaining to community recreational
activities. (AB 874)
Note: The League will review new legislation to determine how it relates
to existing League policies and guiding principles. In addition, because
this document is updated every two years to include policies and guiding
principles adopted by the League during the previous two years, there may
be new, evolving policies under consideration or adopted by the League
that are not reflected in the current version of this document. However, all
policies adopted by the League Board of Directors or the League’s General
Assembly become League policy and are binding on the League, regardless
of when they are adopted and whether they appear in the current version
of “Summary of Existing Policies and Guiding Principles.”
League of California Cities • www.cacities.org • March 20128
Employee Relations
n. The League supports reducing the long-term costs of
public pension systems in California.
o. The League supports reducing public retirement
benefit fraud and increasing transparency of other
post-employment benefits.
p. The League supports full participation in the PERS
Coalition (PERS/PAC) and its purpose of monitoring
legislation, policies and action necessary to maintain
or further the interests of contracting agencies.
2. California Public Employees’ Retirement System (CalPERS)
a. The League supports an exemption for retired CalPERS
employees, allowing them to work for CalPERS agency
under contract or appointment by the local agency.
b. The League supports broadening the definition of
“compensation” to allow employers to offer additional
years of service credit under specific conditions
(golden handshake), and to extend the period in which
local members can purchase public service credit for
lay-off periods up to five years.
c. The League supports certain limitations upon
recoveries under judgments against public retirement
systems, and supports a requirement that the
CalPERS Board of Administration adjust or cancel
the retirement allowance of any person convicted of
making fraudulent benefit claims.
d. The League supports actions by the Legislature and
the CalPERS Board of Administration to establish a
funding base within CalPERS that eliminates the cross-
subsidy of pension costs among all employers in the
CalPERS system.
e. The League supports stabilizing employer contribution
rates through actuarial principles that “smooth” the
impact of volatile investment earnings.
f. The League opposes declaring eligible for CalPERS
benefits those part-time employees who have satisfied
a minimum requirement of service, thereby defeating
the intent and value of part-time employment.
g. The League opposes requiring agencies to provide
CalPERS information about employees who are not
enrolled as members of CalPERS, such as part-time,
seasonal, and temporary employees.
Public Sector Pensions, Compensation and Other Post-Employment Benefits (OPEBs)
1. General Pension Principles
a. The League supports any locally negotiated retirement
system programs that are fair to the taxpayers and to
the employees, and that provide long-term financial
stability and sustainability.
b. The League supports the establishment of fair benefits
for public employees that are effective in recruiting
and retaining a skilled, quality workforce.
c. The League supports the establishment of public
pension systems that can be defended to the taxpayer
in a public debate.
d. The League recognizes and supports the value of a
dependable, sustainable, employer provided defined
benefit plan for career employees; supplemented with
other retirement options including personal savings
such as a 457 Plan.
e. The League supports pension portability across all
public agencies to sustain a competent cadre of
California public servants.
f. The League supports pension cost sharing among
employees and employers (taxpayers).
g. The League supports the adoption of a second, lower
tier of retirement benefits for newly hired employees.
h. League supports prohibiting enhancing the second tier
pension formulas for twenty years.
i. League supports basing final retirement salary on the
three highest years worked.
j. The League supports calculating benefits only on base
salary eliminating all “spiking.” No overtime, vacation
or sick leave should be included in the pension
calculation.
k. The League supports meeting any retirement needs
for part-time employees with alternatives to a defined
benefit plan.
l. The League supports the establishment of industrial
disability retirement benefits that provide fair benefits
for an injured employee when the injury is clearly
linked to the employee’s job.
m. The League opposes preemption of charter city
authority over public pension systems.
League of California Cities • www.cacities.org • March 2012 9
Employee Relations
d. The League support having CalPERS provide a broader
range of formula choices with lower benefit local
options for all types of member classes.
e. The League supports eliminating the purchase of “air
time” (purchase of time not served).
f. The League supports requiring employees to pay
the employee’s share of CalPERS (e.g. 7-8% for
miscellaneous employees and 8-9% for safety
employees.)
g. The League supports removing caps on the
percentages employees can pay for the total cost of
CalPERS programs.
h. The League supports giving government agencies
through the collective bargaining process the option to
extend retirement ages for miscellaneous employees
up to social security retirement ages. Seek minimum
(floor) retirement age of 60 for miscellaneous
employees and 55 for safety employees before earning
full retirement benefits.
i. The League supports prohibiting retroactive pension
benefit increases.
j. The League supports deleting the 1,000 hours rule for
part-time employee mandatory enrollment in CalPERS.
k. The League supports prohibiting employees and
employers from taking contribution “holidays.”
l. The League supports providing employers with a
hybrid pension system option that caps the defined
benefit CalPERS pension at an annual maximum
retiree benefit equal to 70% of the retiring employee’s
eligible base pay (determined by averaging the 3
highest year’s pay) and supplement the defined benefit
plan with a risk managed CalPERS defined contribution
plan. A defined contribution plan should integrate with
a defined benefit plan not, as some pension revision
plans suggest, substitute for it.
m. The League supports eliminating the requirement that
any negotiated changes in pension benefits under the
Public Employees’ Retirement Law (PERL) be voted on
twice by the affected employees.
h. The League supports allowing local agencies the
option to utilize excess CalPERS investment assets
as determined exclusively by the affected local
contracting agency, and as permitted by law, to
provide employers the option to amend contracts if
funds are depleted.
i. The League opposes a requirement that all assets of
an employer, including “excess assets,” be used in the
determination of the employer contribution rate.
j. The League supports expansion of the membership
of the CalPERS Board of Administration to include one
new member appointed by the League of California
Cities.
k. The League supports: (a) reducing all disability
retirement payments for employees hired after a
certain date; (b) imposing an earnings test for persons
receiving industrial disability retirement; (c) requiring
state departments to identify annual unemployment
and disability payments in separate budget items;
(d) requiring persons receiving disability retirement
payments to obtain an annual medical examination;
(e) prescribing a 60% cap on payments for either job-
related or non-job-related disabilities; (f) eliminating
the tax-exempt status of disability retirement
payments; (g) requiring mandatory reinstatement for
employees certified able to work by medical exam;
and (h) discontinuing disability retirement payments if
the employee rejects reinstatement.
l. The League opposes requiring an employer to continue
to pay the salary of a member while PERS makes its
decision on the member’s application for involuntary
disability retirement.
3. Pension Reform
a. The League supports allowing employees to pick up a
portion of the employers’ CalPERS costs up to CalPERS
limits through negotiation to better share the normal
cost of pensions.
b. The League supports eliminating the CalPERS
contract option of including Employer Paid Member
Contributions (EPMC) in the calculation of an
employee’s base pay for retirement purposes.
c. The League supports repealing SB400/AB616 returning
to more sustainable benefit formulas of 2% at 60 for
miscellaneous employees and 2% at 55 for safety
employees.
League of California Cities • www.cacities.org • March 201210
Employee Relations
b. The League supports the PERS Board in developing
programs to reduce the rate of medical premium
increases and to control medical insurance costs,
and urges repeal of current law requiring that
contributions toward retiree medical benefits equal
the contributions made toward the medical benefits of
active employees.
c. The League supports legislation permitting cities to
establish their contributions toward retiree health
premiums through the labor relations negotiating
process, including: (a) multi-tiered contribution levels;
(b) vesting eligibility other than PERS retirement
eligibility; (c) prorated contribution based on age and/
or length of service; and (d) different contributions for
active and retired employees.
d. The League supports addressing Other Post-
Employment Benefits (OPEBs), such as retiree health
care through comprehensive reform measures.
5. Compensation Principles
a. The League believes that the standard practice for
establishing employee compensation should be
reasonably based upon market conditions, transparent,
and tied to experience, benefits and salaries at
comparable agencies. Compensation should also be
based on job requirements, the complexity of both the
make-up of the city organization and community, the
leadership needed, labor market conditions, and the
organization’s ability to pay.
b. Because the salaries and benefits public employees
receive impact public perception, ethical
considerations about what is just and fair must be
taken into account when determining compensation.
c. State revisions to laws governing local agency
retirements, benefits and compensation should
address material and documented inadequacies in
those laws and have a reasonable relationship to
those problems.
d. In order to encourage and facilitate compliance
with new benefits, compensation and retirement
laws, State laws and regulations should be internally
consistent, avoid redundancy and be mindful of the
practical challenges associated with implementation.
e. Public retirement systems programs should be fair
to taxpayers and employees, and provide long-term
financial stability and sustainability.
n. The League supports, to the extent permitted
by federal and state law, a well-designed State
Constitutional Amendment or comprehensive
legislative overhaul is needed for prospective
retirement formula reductions and incremental
retirement age increases for current employees
to guarantee their already accrued benefits, while
making the plan sustainable, affordable and market
competitive on a going-forward basis. The amendment
should also include a risk-managed CalPERS defined
contribution plan for public agencies.
o. The League supports restructuring the CalPERS
Board of Administration to substantially increase
in independent public members (preferably with
financial expertise) to ensure greater representation
of tax payer interests with regard to public pension
decisions.
p. The League 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.
q. If the above reforms prove unfeasible or ineffective,
the League 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 CalPERS.
r. The League supports developing a program with the
State to ensure that pension programs offered by
localities are fully transparent, and that professional
actuarial evaluations of unfunded components of other
post-retirement benefits (OPEBs) and pension plans
are completed.
s. The League supports, to the extent permitted by
federal and state law, prohibiting payment of pension
benefits to a public employee convicted of a felony
related to fraudulently enhancing those benefits.
4. Other Post-Employment Benefits (OPEBs)
Including Retiree Healthcare
a. The League urges the PERS Board, and would support
legislation to require the PERS Board, to contract with
health maintenance organizations (HMOs) or fee-for-
service plans, licensed and doing business in other
states, to provide health benefits for retired employees
who choose to reside outside of California.
League of California Cities • www.cacities.org • March 2012 11
Employee Relations
• The League 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.
• The League opposes a mandatory Social Security tax on
any public sector employees or employers by the federal
government. The League’s position is that such a tax will result
in significantly increased labor costs for many of California’s
local governments and would adversely affect public sector
employers and the retirement benefits of many public sector
employees.
• The League opposes any state or federal mandate of
benefits on local employees, including, but not limited to,
domestic partner benefits and veterans’ preferences. 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.
• The League 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.
• The League opposes undermining the confidentiality of
personnel matters by making peace officer discipline records
public.
• The League opposes the mandated inclusion of governmental
entities for Occupational Safety and Health Agency (OSHA)
violations without appropriate compensation for the
mandates.
• The League opposes extending the filing dates for Fair
Employment and Housing Commission (FEHC) charges from
one to two years, and opposes permitting the FEHC to provide
affirmative or prospective relief to prevent the recurrence of
an unlawful practice.
• The League opposes prohibiting employers from requesting
that an applicant disclose information or use for employment
related decisions information concerning a criminal conviction
that was expunged or judicially ordered sealed.
f. Transparency of retirement benefits and other pension
obligations ensures the public is informed about the
fiscal realities local agencies face as they relate to
pension obligations.
Workers’ Compensation
• The League supports the principles of narrow causation and
definition of injury and supports requiring the employee
to prove by clear and convincing evidence that sudden or
extraordinary employment conditions were the predominant
causes for the injury.
• The League supports existing workers’ compensation laws to
be liberally construed only after an injury is deemed “specific”
and consists of serious physical or bodily harm.
• The League supports the cost containment of medical
expenses for workers’ compensation claims.
• The League opposes regulations or legislation that would
require increased employer medical costs for workers’
compensation.
• The League 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.
• The League supports reforming the way temporary disability
(TD) benefits are awarded by increasing the amount of time
an injured worker receives TD benefits while at the same time
eliminating the disincentive to return to work.
Other Employer and Employee Related Issues
• The League supports a consistent standard for hostile sexual
harassment cases by adopting the federal “reasonable victim”
standards in matters before the FEHC. The League supports
changing the standard from the “viewpoint of a reasonable
victim” to a standard utilizing the “perception of reasonable
persons of the same gender as the claimant,” in order to
shift from a gender-based sexual harassment standard to a
plaintiff-based standard.
• The League supports efforts to conform the California Family
Care Leave Laws to the federal Family and Medical Leave Act
(FMLA) laws.
League of California Cities • www.cacities.org • March 201212
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, and
utilities.
Summary of Existing Policy
and Guiding Principles
Air Quality
• The League supports inclusion of city officials on the governing
boards of air districts and opposes efforts to delete such city
representation.
• The League believes cities should have the authority to
establish local air quality standards and programs that are
stricter than state and federal standards. The League opposes
efforts to restrict such authority.
• The League 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.
• The League opposes air quality legislation that restricts the
land use authority of cities.
• The League supports the requirement that both public and
private diesel garbage trucks be retrofitted to reduce the
amount of particulate matter pollution emitted from the trucks.
(See also Integrated Waste Management Section below.)
Climate Change
• The League 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.
Federal Fair Labor Standards Act (FLSA)
• The League supports federal legislation to modify
inappropriate sections of the FLSA as it relates to local
governments, including, but not limited to, the administrative
and professional exemptions, salary tests and the definition of
hours worked. The League supports the position that the FLSA
was inappropriately applied to state and local governments
through court decisions and was never designed to regulate
public sector employment. The waste of state and local
resources in litigation argues for repeal of the FLSA as it
relates to local government.
Succession Planning and Mentoring
• The League supports local government succession planning
and mentoring programs, and encourages each League
Department to actively discuss and support efforts to
establish a program, and to utilize the Personnel and
Employee Relations Department’s Mentoring Video as a
model. The League recognizes that public sector employees
will retire from service within the next five to ten years in
critical positions such as department heads, managers, and
supervisors. The League also recognizes that public sector
employers are faced with the absence of a comprehensive,
succession-planning strategy, which will impact all
departments in the public sector from public safety to
miscellaneous employees.
Note: The League will review new legislation to determine how it relates
to existing League policies and guiding principles. In addition, because
this document is updated every two years to include policies and guiding
principles adopted by the League during the previous two years, there may
be new, evolving policies under consideration or adopted by the League
that are not reflected in the current version of this document. However, all
policies adopted by the League Board of Directors or the League’s General
Assembly become League policy and are binding on the League, regardless
of when they are adopted and whether they appear in the current version
of “Summary of Existing Policies and Guiding Principles.”
League of California Cities • www.cacities.org • March 2012 13
Environmental Quality
8. Coordinated Planning. State policy should encourage
and provide incentive for cities to coordinate and share
planning information with neighboring cities, counties,
and other governmental entities so that there are agreed
upon regional blueprints and strategies for dealing with
greenhouse gas emissions.
9. 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.
10. Recycles Content and Green Purchasing Policies.
Encourage the adoption and implementation 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.
Hazardous Materials
• The League 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, the League supports the
provisions of existing law that permit a local fire department
to adopt stronger local requirements, as long as it complies
with specified procedures to enact such stronger local
standards. The League opposes legislation or regulations that
restrict such authority.
• The League supports efforts to streamline and coordinate
hazardous materials regulation among various levels of
government, including city fire and county environmental
health departments. The League supports the ability of city
fire departments to be administrating agencies for any of
the major hazardous materials laws or to be the lead agency
(the Certified Unified Program Agency) under the SB 1082
program, and opposes legislation or regulations to restrict
such authority.
• The League opposes any efforts to restrict the ability of cities
to issue building or other permits it is now authorized to issue
relative to hazardous materials laws.
• The League 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.
• Through the Global Warming Solutions Act of 2006 (AB
32 (Nuñez) Chapter 488, Statutes of 2006) California has
embarked on a plan that requires the reduction of greenhouse
gas emissions to 1990 levels by 2020. Although uncertainty
remains about the pace, distribution and magnitude of the
effects of climate change, the League recognizes the need for
immediate actions to mitigate the sources of greenhouse gas
emissions and has adopted the following principles:
1. 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.
2. Smart Growth. Consistent with the League’s Smart Growth
policies, encourage the adoption of land use policies
designed to reduce sprawl, preserve open space, and
create healthy, vibrant, and sustainable communities.
3. Green Technology Investment Assistance. Support tax
credits, grants, loans and other incentives to assist the
public, businesses, and local agencies that invest in energy
efficient equipment and technology, and fuel efficient, low
emission vehicles.
4. 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.
5. Increase the Use of Clean Alternative Energy. Promote the
use and purchase of clean alternative energy through the
development of renewable energy resources, recovery
of landfill methane for energy production and waste-to-
energy technologies.
6. Reduction of Vehicle Emissions in Public Agency Fleets.
Support the reduction of vehicle emissions through
increased fuel efficiency, use of appropriate alternative
fueled vehicles, and/or low emission vehicles in public
agency fleets. Encourage the use of appropriate
alternative fueled vehicles, and/or low emission vehicles in
private fleets.
7. Climate Change Impacts. Encourage all levels of
government to share information to prepare for climate
change impacts.
League of California Cities • www.cacities.org • March 201214
Environmental Quality
Integrated Waste Management
• The League supports continued efforts by local agencies to
meet the 25% and 50% recycling and diversion provisions of
the Integrated Waste Management Act of 1989 (AB 939) and
believes that decisions on how to achieve those requirements
are best determined at the local level, rather than by state
agencies. The League 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. The League opposes the repeal of AB 939, but
supports continued efforts to streamline its provisions and to
assist in compliance.
• The League believes that green waste used as alternative
daily cover (ADC) should be eligible for limited AB 939 credit,
as long as the ADC meets performance and health and
safety criteria established by the California Integrated Waste
Management Board (CIWMB), now the California Department
of Resources, Recovery & Recycling (Cal Recycle).
• The League opposes efforts to dismantle the CIWMB and
transfer its functions to a department. This position is based
upon the need to have public access to decision makers
outside of the administrative process, similar to access that
Waste Board members currently provide. The League supports
inclusion of a designated local government representative on
the CIWMB.
• The League continues to support legislation to provide
changes to AB 939 (the California Integrated Waste
Management Act) that will:
»Place more emphasis on implementation of waste
diversion programs and less strict mathematical
accounting;
»Require Cal Recycle to evaluate the level of accuracy
of the existing system the board uses to measure
jurisdictions’ achievement of the waste diversion
requirements of state law and develop appropriate
policies, in consultation with local jurisdictions, to account
for any inaccuracies in the system;
»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 more funding for research
and development of markets for recyclable materials; and
• The League opposes legislation that mandates that cities post
information on the Internet regarding adoption, amendment
or repeal of hazardous materials ordinances. However, the
League does not object to legislation that makes such posting
voluntary.
The League supports the following principles related to
Brownfields Revitalization:
1. The League 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. The League 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.
2. 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.
3. The clean-up level of a project should be based on its
proposed use (i.e., parking garage, as oppose to residential
development).
4. 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.
5. 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.
6. If a property owner plans to develop the site, then the
owner should be required to do the necessary site
assessment and clean up.
League of California Cities • www.cacities.org • March 2012 15
Environmental Quality
Electronic Waste
• The League supports legislation implementing the concept of
manufacturer responsibility for electronic waste (e-waste).
This includes, but is not limited to, encouraging or providing
incentives for e-waste recycling, requiring manufacturers
of computer, cathode -ray tube (CRT) and other electronic
products considered universal wastes, to operate or fund
comprehensive, extended producer responsibility programs.
Such programs should require products to be sustainably
designed and labeled, offer financial incentives to consumers
to properly dispose e-wastes, encourage recycling, reuse
and collection programs by manufacturers, incentives
to consumers to redeem or recycle e-waste, and fund a
convenient collection infrastructure.
• The League supports statewide and manufacturer education
programs to educate consumers about e-waste and recycling
efforts.
• The League supports an advance disposal fee on computer
and other electronic products in order to fund such
manufacturer responsibility programs and local collection and
recycling programs.
• The League supports national efforts to address the e-waste
problem.
Extended Producer Responsibility (EPR)
• The League supports legislation implementing producer
responsibility. This includes, but is not limited to, mandating
or providing incentives including funding for comprehensive
producer responsibility programs for hazardous and universal
wastes and products and packaging for which disposal or
recycling is problematic for local governments.
Single-Use Carryout Bags
• The League supports in concept legislation that charges a fee
for all consumers for single-use carryout bags at the point
of sale; however, the League does not have a position on
the amount of the fee except that is should be set to modify
consumer behavior.
• Cities should be eligible for moneys generated from any
fee placed upon single-use carryout bags, provided those
dollars are used by the city to mitigate the effects of single-
use carryout bags on the storm water, solid waste diversion,
visitor education and awareness, and water quality in the
city. Any application for funding provided to cities by single-
use carryout bag fees should be streamlined, simple and not
overly burdensome.
»Require Cal Recycle to staff its existing regional offices
with personnel that can assist jurisdictions in carrying out
the requirements of the act.
• The League supports legislation and other efforts to increase
the markets for recycled materials, including advance
disposal fees, minimum content laws, and recycling market
development zones. The League opposes legislation that
requires local governments to adopt refuse fees based upon
variable can rates.
• The League supports efforts to strengthen curbside recycling
programs and opposes efforts to weaken such programs. The
League supports legislation to expand the container types
included in the AB 2020-bottle bill program.
• The League 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.
• The League 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.
• The League 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.
• The League opposes legislation that would authorize the
Director of Cal Recycle to consider landfill capacity as a reason
for denying concurrence of a solid waste facility permit and
also opposes legislation that would prohibit a public agency
from being certified as a Local Enforcement Agency if the
public agency is also an operator of a solid waste facility.
• The League opposes legislation that would authorize the
Director of Cal Recycle to consider environmental justice
as a basis for concurring or denying a solid waste facility
permit. The League has adopted the policy that issues of
environmental justice are best addressed at the local level
through the local land use and public hearing process and
through existing federal and state policy.
• While the League supports the retrofit of public and private
diesel fueled garbage trucks to reduce particulate matter air
pollution (see Air Quality section), the League opposes funding
such retrofits in a way that would either interfere with the
existing franchise relationship between local governments and
haulers or would impose a surcharge on landfills.
League of California Cities • www.cacities.org • March 201216
Environmental Quality
4. Exit fees should not be charged to newly annexed
municipal utility territory that was never served by an IOU
(so called “greenfields”).
5. In addition, the League believes photovoltaic systems
should be completely exempt from any type of exit fee.
Electric Industry Restructuring
• The League supports restructuring of the electricity services
industry, provided it meets the following criteria:
1. Support the Concept. The League of California Cities
supports the concept of electric industry restructuring
if it results in lower electricity rates that continue
permanently into the future. The League 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.
2. Equitable Benefits. Any restructuring program should
result in all ratepayers directly sharing in the benefits
equitably.
3. Municipal Utilities. Any restructuring program should
maintain the concept of municipal utilities. No
restructuring proposal should abridge the existing
authority of municipal utilities to operate or abridge the
ability of cities to form municipal utilities in the future.
4. Franchise Authority. Cities should continue to have the
authority to issue franchises and any program should
be at least revenue neutral relative to revenue currently
received from franchises.
5. 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.
6. 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).
• The League supports CEQA exemptions for single-use carryout
bag bans or a programmatic EIR.
• The League opposes any bill that would preempt local
governments from individually banning or placing a fee on
single-use carryout bags distributed within the city.
Utilities
• The League supports the constitutional right of municipal
utilities to operate outside the jurisdiction of the California
Public Utilities Commission (PUC) and opposes any legislation
that would erode the ability of municipal utilities to operate, or
place them under PUC control.
• The League opposes legislation that dictates the mix of
generating sources (i.e., hydro, coal, biomass, wind, etc.) used
by municipal utilities.
• The League opposes any legislation that interferes with local
utility rate setting authority and opposes any legislation that
restricts the ability of a city to transfer revenue from a utility
(or other enterprise activity) to the city’s general fund.
• The League 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. The League 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 the League’s position
regarding exit fees to avoid cost shifting for newly formed
municipal utilities or extensions of existing municipal utilities:
1. 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.
2. The League does not object to fair exit fees to avoid cost
shifting for customers that were actually served by an
investor-owned utility.
3. Exit fees should consist of payments of a fair share of the
DWR bond costs, a fair portion of the IOU under collections
and a fair share of the remaining amount of the CTC
(competition transition charge, left over from AB 1890).
League of California Cities • www.cacities.org • March 2012 17
Environmental Quality
»The League believes energy prices should encourage
conservation and reward those who reduce energy
use (i.e., tiered rates).
»The League is concerned about the impacts of
escalating energy prices on low income residents
and small businesses. The League supports energy
pricing structures and other mechanisms to soften the
impacts on this segment of our community.
»In designing rates, the state should be aware of the
operational constraints of some businesses and
thus their potential inability to take advantage of
conservation pricing. Thus, the state should provide
other incentives to conserve to businesses that cannot
take advantage of other options.
4. 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.
5. 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
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.
7. Wheeling. Any program should facilitate the wheeling of
electricity between generators and users.
8. Alternative Sources. Consistent with existing League
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.
9. 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.
10. Social and Environmental Impacts. Consistent with existing
League policy, California should not abandon its energy
programs that provide social and environmental benefits.
• In addition to those policy guidelines, the League agrees that
cities that are aggregators should be required to follow the
same consumer protection standards as other aggregators,
that participation in aggregation by an electricity user should
be voluntary, and that cities should have the opportunity
to serve as aggregators for their municipal operations or
for those residential or commercial customers who wish to
participate in a city-sponsored aggregation program.
• Finally, the League believes that any federal action in the
area of electricity restructuring must not preempt legislation
and actions in states that choose to restructure their utility
industry if such federal action relates to state and local
government home rule authority. This includes authority
related to regulation of rights-of-way, franchises, taxing
utilities and services, or to aggregate.
In response to the energy crisis of 2001, the League adopted the
following principles related to energy:
1. Land Use Control. Local control over land use should be
inviolate. The League will oppose legislation that restricts
local land use control beyond that which is already in
existing law.
2. Municipal Utilities. The autonomy of municipal utilities
should not be eroded. The League will oppose any
legislation that harms municipal utilities.
3. Energy Prices and Rates. The League is concerned about
the impacts of escalating energy prices on the overall
economic health of our state, including city budgets.
Although at this time the League will not get involved in
individual bills dealing with technical aspects of pricing,
the League believes that any solution to address the short
and long term energy price situation should meet several
key criteria.
League of California Cities • www.cacities.org • March 201218
Environmental Quality
»The League should not support legislation that would
give up the existing, limited authority of cities to
regulate cable and telecommunications companies
as a trade-off to make it easier to form a municipal
electric utility.
9. Interruptible Rates. The League should take no position on
legislation dealing with changes to interruptible rates, but
should watch the subject carefully.
»The League 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.
10. Rotating Outages – Exemptions. The League should not
get directly involved in bills dealing with which type of
customers are exempt from rotating block outages and
should not take a position on these bills. However, the
League should work with police and fire chiefs to ensure
that police and fire facilities are appropriately protected
either legislatively or administratively, if proposals move
ahead to expand the range of exempted facilities.
»The League should seek legislative or administrative
resolution giving advance notification to those
businesses, such as some agricultural businesses, that
use hazardous materials that could pose a danger if
the plant is not shut down properly.
»The League should seek grant or loan funding for
essential services (i.e., police/fire, water/waste
water) to purchase new or replace existing backup
generators that are more energy efficient and less
polluting.
11. Wholesale Regional Price Caps – Federal Legislation. The
League should not take a position on federal legislation to
give the Secretary of Energy authority to impose regional
wholesale price caps on electricity. This is a mixed bag and
the League should stay out of the issue.
12. Price Gouging by Electricity Suppliers. The League should
send a letter to the Governor and Attorney General
supporting their ongoing efforts to determine whether
wholesale market abuse occurred and asking that
appropriate action be taken to remedy the problem if
illegal activity occurred.
»The League will work to ensure that there are no
negative impacts on municipal utilities from efforts to
streamline energy facility siting.
6. Power Plant Siting – Other Issues. Support legislation
that increases the threshold at which a city is the lead
permitting agency for an energy facility from 50 to 100
MW (or above). Oppose legislation that decreases this
threshold.
»Take no position on proposals to streamline the facility
approval process, except to suggest appropriate
revisions to reflect technical comments from city
experts on local government review and 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).
7. Environmental Regulation of Power Plants. The League
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, the League should seek legislation to
ensure that cities do not bear the burden of meeting
the shortfall in environmental protection. For example,
suspended or reduced waste discharge requirements
for a power plant may result in increased hot or salty
cooling water discharged from a power plant into a
bay or stream. Publicly owned treatment works should
not be required to meet a higher discharge level to
offset the power plant discharge or fined as an indirect
result of the increased water pollution that would
result. Similar arguments can be made for air pollution
burdens. There should be some sunset included for
environmental waivers for re-powering of existing
facilities and all new plants should be required to meet
the BACT (best available control technology) standard.
8. Public Power Options. Support all bills that enhance the
public power options available to cities and counties.
»Condition support and/or sponsorship upon the
correct language being written. Work with municipal
utilities and others to ensure the provisions are
drafted properly.
League of California Cities • www.cacities.org • March 2012 19
Environmental Quality
• Timelines for CEQA Contracts. The League supports
eliminating subdivision (b) of Public Resources Code Section
21151.5, which mandates the timeline for entering into
CEQA contracts.
• Arbitration of Disputes. The League supports adding an
arbitration option to the requirement that each county over
200,000 designate a “CEQA judge.” Among the issues that
will need further refinement are whether an alternative
dispute resolution process should be a condition precedent
to litigation, whether the alternative dispute resolution
process would be binding on participants, and how to limit
the alternative dispute resolution process to CEQA adequacy
issues rather than community mitigation issues.
• Bounty Hunter Limitations. The League supports
discouraging lawsuits that have little merit by eliminating the
availability of section 1094.5 of the code of civil procedure fee
recovery to petitioners or by authorizing cities to collect their
fees and costs where they prevail.
• Recirculation Standards. The League supports raising the
threshold for recirculation of EIRs so that only new “significant
unavoidable impacts” would necessitate recirculation.
• Basis for Statements of Overriding Considerations. The
League supports clarifying that the basis for Statements of
Overriding Considerations is information contained in the
record.
• Compliance with Local Public Notice Requirements. The
League supports legislation to require all projects proposed by
state or local public agencies, including universities, community
colleges, schools, counties, cities, and special districts, to
comply with the identical local public notice requirements
that would be applicable to projects sponsored by private
developers in the jurisdiction where the project is located.
Definition of a Project
• Effect on the Environment. The League supports narrowing
the definition of “project” to prevent CEQA lawsuits on non-
environmental matters.
• School Operations Exemption. The League supports
exempting any school closure or student transfers from CEQA.
• Categorical Exemption for Nonindustrial Infill Projects. The
League supports expanding categorical exemptions to include
development projects in urbanized areas that are consistent
with general plans, zoning and cumulative impact projections
analyzed in a Master EIR. Such projects should be limited infill
and nonindustrial.
California Environmental Protection Act (CEQA)
Procedures and Notices
• Fair Argument Test. The League strongly opposes the
elimination of the fair argument test as the threshold for
determining whether to prepare an Environmental Impact
Report (EIR). There are a number of other reforms that will
reduce CEQA’s complexity while preserving the fair argument
test’s role as a planning tool. These include funding for Master
EIRs and eliminating attorneys fees for petitioners.
• Master EIR Funding. The League strongly supports the
development of a funding source for Master EIRs. Both of the
proposals contained in the Little Hoover Commission report
would meet the needs of cities.
• Exemption for Modified Project Renewals. The League
opposes exempting the renewal or reissuance of a permit,
license, or other entitlement where there is a change in the
project.
• Centralized Responsible Agency Notification. The League
opposes shifting the responsibility to notify responsible
agencies from the lead agency to the State Clearing House.
• Centralized Responsible Agency Notification. The League
opposes making identification of Responsible Agencies
at the Notice of Preparation stage by other than the Lead
Agency (e.g., the Office of Planning and Research) conclusive
so that agencies not identified would be barred from later
commenting on projects.
• Responsible Agency Documentation. The League supports
requiring that Responsible Agency comments be supported by
specific referenced documentation.
• Substitution of Environmental Impact Statements. The
League opposes allowing an Environmental Impact Statement
to be substituted for an Environmental Impact Report in
any situation other than military base closures because the
National Environmental Policy Act does not contain CEQA’s
duty to mitigate.
• Duty to Respond to Comments. The League opposes
shielding lead agencies from responding to comments
received more than 30 days after a Notice of Preparation
(NOP) or received verbally.
League of California Cities • www.cacities.org • March 201220
Environmental Quality
Coastal Issues
• The League opposes legislation that would permit the state to
impose conditions on Local Coastal Plans developed by cities
and counties.
• The League supports efforts to curb frivolous appeals to local
coastal decisions.
• The League supports the Federal Coastal Protection Act,
which prohibits additional offshore development through the
year 2002. This position was based, in part, on concern about
the impacts to on-shore support facilities and services by
offshore development activities.
• The League opposes legislation that grants authority to the
Coastal Commission that is inconsistent, duplicative and
overlapping with the authority of other regulatory agencies,
such as regional water quality control boards or other
agencies, or that grants the Coastal Commission authority
outside the coastal zone.
• The League 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.
Miscellaneous
• The League encourages cities to consider the Ahwahnee
Water Principles for Resource-Efficient Land Use when
making future land use decisions. (www.lgc.org/ahwahnee/
h20_principles.html)
• The League encourages state agencies to provide leadership
in developing voluntary, model statewide residential green
building guidelines that will provide information to local
jurisdictions on how to evaluate and use different green
building strategies. Additionally, the League encourages cities
to adopt voluntary residential green building guidelines as a
reference guide, to evaluate available green building programs
and adopt those best suited for their communities, and to
explore incentives to encourage green building by private
developers of residential construction projects.
• The League supports the right of cities to serve as lead
agencies for the purposes of the Surface Mining and
Reclamation Act (SMARA).
Significant Environmental Effect
• Significance Thresholds. The League opposes the creation
of a new mandate requiring each city to develop boilerplate
significance thresholds. The League also opposes a single
statewide set of standards for determining significance at the
local level. Instead, the League supports requiring that each
EIR contain significance thresholds formally adopted by the
lead agency for the project.
• Consideration of Socio-Economic Factors. The League
opposes adding social, economic, recreational or other
factors to be considered when analyzing the significance of
environmental impacts.
• Indirect Effects. The League opposes amending the definition
of effects to eliminate the analysis of indirect and cumulative
environmental effects.
• Cumulative Effects. The League supports the elimination of
EIRs for projects with solely cumulatively significant impacts
where the impact has been addressed by a comprehensive
plan that identifies specific mitigation measures.
• Cumulative Effects. The League opposes exempting projects
that are subject to their own subsequent environmental
review from consideration as a reasonably foreseeable future
project when analyzing cumulative impacts.
Alternatives
• Alternative Site Requirement. The League supports
eliminating the alternative site requirement for all private
projects.
• Level of Detail. The League supports requiring that projects of
statewide, regional or area-wide significance describe at least
two feasible project alternatives with a level of detail equal to
the proposed project.
• No Project Alternative. The League opposes the elimination
of the “no project alternative.”
• Environmental Impact Report (EIR).The League opposes
the elimination of the fair argument test as the threshold for
determining whether to prepare an Environmental Impact
Report (EIR). The League strongly supports the development of
a funding source for Master EIRs. The League supports adding
an arbitration option to the requirement that each county over
200,000 population designate a “CEQA judge.”
League of California Cities • www.cacities.org • March 2012 21
Environmental Quality
Note: The League will review new legislation to determine how it relates
to existing League policies and guiding principles. In addition, because
this document is updated every two years to include policies and guiding
principles adopted by the League during the previous two years, there may
be new, evolving policies under consideration or adopted by the League
that are not reflected in the current version of this document. However, all
policies adopted by the League Board of Directors or the League’s General
Assembly become League policy and are binding on the League, regardless
of when they are adopted and whether they appear in the current version
of “Summary of Existing Policies and Guiding Principles.”
• Consistent with policy adopted by the National League
of Cities, the League believes the appropriate venue for
addressing the issue of “regulatory takings” is within the
evolving judicial interpretations of the Fifth Amendment of the
U.S. Constitution.
»The League 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.
»The League 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.”).
• The League supports flexibility for state and local governments
to enact environmental and other standards or mandates that
are stronger than the federal standards. However, the League
reserves the right to question or oppose stronger standards
on the merits. The League also opposes legislation that
prohibits state and local governments from enacting stricter
standards.
• The League supports the ability of local governments to
voluntarily develop and approve species habitat plans for their
communities, in conjunction with willing property owners. The
League opposes requiring local governments to amend their
general plans to include species habitat plans developed by
others but not approved by the local government.
• The League supports legislation and regulation that authorizes
the land application of biosolids that meet specified statewide
health and safety standards. The League supports legislation
that permits enactment of stronger local ordinances only if
they are based upon protecting public health and safety and
good science. The League opposes legislation that preempts
outright stronger local ordinances, regardless if they are based
on protecting public health and safety and good science.
• The League 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. The League opposes legislation that
would restrict the imposition of such fees at the state or local
levels.
League of California Cities • www.cacities.org • March 201222
Environmental Quality
League of California Cities
Water Policy Guidelines
February 2010
TABLE OF CONTENTS
I. CALIFORNIA WATER: GENERAL PRINCIPLES...................................................24
II. WATER CONSERVATION .................................................................................24
III. WATER RECYCLING ........................................................................................25
IV. WATER QUALITY .............................................................................................25
V. AREAS OF ORIGIN ..........................................................................................27
VI. WATER STORAGE ...........................................................................................27
VII. CONVEYANCE SYSTEMS ................................................................................27
VIII. FLOOD MANAGEMENT...................................................................................28
IX. GROUNDWATER .............................................................................................29
X. FISH AND WILDLIFE ........................................................................................29
XI. DRAINAGE ......................................................................................................30
XII. RECREATION ..................................................................................................30
XIII. NEW TECHNOLOGY ........................................................................................30
XIV. FINANCIAL CONSIDERATIONS ........................................................................30
XV. APPENDIX A:
WATER QUALITY IMPROVEMENT INITIATIVE (2008) .......................................31
XVI. APPENDIX B: GLOSSARY ................................................................................32
League of California Cities • www.cacities.org • March 2012 23
Environmental Quality
In 2008, the League formed a new Water Task Force to
consider updates and revisions to the Water Guidelines the
League drafted and adopted 20 years earlier. The League’s
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.
The Task Force first met in Sacramento in April 2009 and
organized three working groups (Water Use, Water Supply
and Water Discharges). Members of the working groups
held numerous meetings by conference call over the
next two months. Subsequent meetings of the full Task
Force were held in June and September 2009 before the
revised Guidelines were submitted to the League policy
committees in January 2010, for review and approval. The
Guidelines were formally approved by the League board of
directors in February 2010.
The California Water Guidelines are designed to be used
by policy makers at all levels of government in developing
future water policy for the state of California. The League
encourages city, county and state officials, as well as
representatives from other organizations, to review the
guidelines as water policies and programs are developed.
Introduction
The California Water Guidelines were first adopted by the
League of California Cities (The League) in 1988. The League
and the County Supervisors Association of California (CSAC)
developed the guidelines. Together, at the time, the two
organizations represented 58 counties and 449 cities.
Much has changed in the realm of water policy in the more
than 20 years that have passed since the Guidelines were
first adopted. The number of counties has remained at
58, but California has gained an additional 31 cities and
the population of the state has increased to more than
38 million people, creating increased demands on water
supply. There is growing recognition that there are better
ways of managing the flow of water within California’s
many watersheds and through the Delta, to prevent harmful
environmental impacts while still ensuring a reliable supply
of water to its citizens. Climate change is seen as having an
increasingly important impact on water supply and water
quality. Water shortages place renewed emphasis on the
importance of water reclamation, water recycling and other
means of nurturing and protecting an essential resource.
In 2003, the League board created the League Water
Quality Task Force to identify and evaluate waste water and
storm water regulatory issues of concern to cities and to
recommend steps that the League should take to address
those concerns. The Task Force drafted new League policy
on water quality and the League board of directors adopted
its report on July 18, 2003.
League of California Cities • www.cacities.org • March 201224
Environmental Quality
II. WATER CONSERVATION
1. Statewide Goal. The League supports the development
of a statewide goal to reduce water use by 20% by
2020 through the implementation of fair and equitable
measures consistent with these principles.
2. Statewide Effort. Accomplishing water conservation and
water use efficiency goals will require statewide action
by all water users, including residential, commercial,
industrial and agricultural water users, local and regional
planning agencies, state and federal agencies, chambers
of commerce, and business, commercial and industrial
professional and trade associations.
3. Comprehensive Solutions. Water conservation and
water use efficiency must be part of a comprehensive
solution that includes local resource development and
infrastructure improvements, including storage and
conveyance, as part of a statewide system that promotes
economic and environmental sustainability.
4. Monitoring, Reporting, and Accountability. The League
supports the implementation of programs to assure
prudent measurement and monitoring of water use to
provide accountability and transparency toward the
accomplishment of water conservation and water use
efficiency goals.
5. Protect Water Rights. Implementation of water
conservation and water use efficiency programs must
be consistent with existing state law in that the act of
conservation cannot be allowed to undermine the water
rights of the entities implementing the water conservation
or water use efficiency program, or interfere with existing
water conservation or water use efficiency projects.
6. One Size Does Not Fit All. Water conservation and water
use efficiency programs must have the flexibility to adjust
to widely varying local circumstances recognizing that one
size does not fit all. The League encourages each city to
develop its own ordinance outlining its conservation plan.
7. Urban Water Conservation and Water Use Efficiency. In
urban areas, the League advocates for the implementation
of residential and commercial retrofit programs, innovative
pricing strategies, water efficient landscaping, including
implementation of urban Best Management Practices
(BMPs).
8. Agricultural Water Use Efficiency. In agricultural areas,
the League advocates incentive based programs.
I. CALIFORNIA WATER: GENERAL PRINCIPLES
1. Water needs are projected to increase significantly in the
future. While water is a renewable resource, it is also a
finite one.
2. The League supports the development of additional
groundwater and surface water storage, including
proposed surface storage projects now under study if they
are determined to be feasible, including but not limited to:
environmentally, economically, and geographically relating
to point of origin. Appropriate funding sources could
include, but are not limited to user fees, bonds and federal
funding.
3. Local, state and federal agencies should prepare plans
for short-term water emergencies as well as long-term
cooperative water management plans and policies, such
as the Integrated Regional Water Management Plan
(IRWMP) process.
4. All water development projects must be economically,
environmentally and scientifically sound.
5. Critical California water issues cannot be solved without
the cooperation of the state and federal governments.
Communication and cooperation among policy groups
with emphasis on finding statewide consensus is
supported.
6. Adequate water quality requirements for wastewater
discharge into surface water and groundwater to
safeguard public health and protect beneficial uses should
be supported. Beneficial water quality is fundamental to
the health and welfare of California and all of its citizens.
7. The long-term viability of rivers and streams for instream
uses such as fishery habitat, recreation and aesthetics
must be protected.
8. The League encourages all cities to work with counties,
water agencies, and special districts to facilitate water
conservation, recycling and reuse efforts.
9. The League 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. The League supports land use as an important strategy for
water supply and water quality benefits.
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Environmental Quality
2. Water Board Reforms
a. The League 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. The League supports the retention of designated
local government representatives on the regional
boards and inclusion of a designated local government
representative on the State Water board.
e. The League 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. The League supports the option of local agencies
developing funding for basin plan updates.
b. The League supports comprehensive updates to the
basin plans that recognize the unique and varied
nature of stormwater. Basin plans need to recognize
the unique and varied nature of stormwater, both wet
weather and dry weather runoff.
c. Basin plan updates should comply with the Porter-
Cologne requirements to recognize economic
impacts, local drainage conditions and scientific
consensus, including source control and atmospheric
deposition strategies.
4. National Pollutant Discharge Elimination System
(NPDES) Permits
a. The League supports reform of the States Water
board’s administration of the federal NPDES program.
b. The League encourages the water boards to issue
permits that are reasonably achievable, based on the
unique conditions of a city or region.
c. The League 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 publically-owned
treatment works.
III. 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. The League supports the development of objectives
and standards to assure high quality water throughout
California. Surface and groundwater should be
protected from contamination.
b. The League 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.
c. The League 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.
d. 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.
e. The League encourages water boards to address
cross-media pollution of water, including but not
limited to the problems of atmospheric deposition of
water pollutants.
f. The League encourages all state offices, departments
and boards to comply with state policy for water
quality control, including compliance with the Basin
Plans.
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Environmental Quality
d. Mandatory Minimum Penalty (MMP)
• The League 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 has been no
significant adverse impacts on the public or
the environment from the alleged violation.
e. Economic Analysis
• The League supports legislation to develop
economic protocols and guidelines to assist
local government and the water boards
in determining reasonably achievable,
cost effective and environmentally sound
regulations, as outlined in Porter-Cologne
Sections 13000 and 13241.
f. Basin Plans
• The League supports legislation allowing local
agencies to participate in funding basin plan
updates.
g. Water Softeners
• The League supports the right for cities to
enact ordinances that restrict the use of
water softeners.
h. Local Discharge Prohibitions
• The League supports legislation that would
enable cities to adopt ordinances that limit
or regulate industrial discharges into local
sewers and storm drains, based on limits in
municipal discharge permits.
7. General Water Quality Guidelines
a. Protection and maintenance of objectives and
standards to assure high quality water throughout
California is essential. Beneficial uses of surface and
groundwater should be protected from contamination,
even when treatment methods are available to meet
drinking water standards.
b. Local, state and federal governments and the private
sector should provide for the safe management of
hazardous materials, including mining leachates, to
avoid pollution and degradation of both surface water
and groundwater.
d. The League generally opposes legislation that requires
the use of numeric limits in waste discharge permits,
especially in storm water permits, because of the
difficulties in meeting them, problems with exceeding
them, and the cost and potential enforcement impacts.
e. The League supports development of a standard
definition of “maximum extent practicable.”
5. Total Maximum Daily Load (TMDL)
a. The League supports development of reasonably
achievable, environmentally sound and cost-effective
TMDL’s based on monitoring and sound science and
addressing local water conditions.
b. Although the League is supportive of local agency
development of TMDL funding, greater emphasis
needs to be given to state and federal funding of the
TMDL program, including providing increased funding
to local government for implementation.
c. The League supports implementation of TMDLs
through alternatives to the NPDES permits,
consistent with the Clean Water Act and policy, such
as Memorandums of Agreement between local
governments and the water boards.
6. Water Quality Recommended Legislation/ Policies
a. Ex-Parte Communication
• The League supports public access to decision
makers, including during the time that new
proposed permits and permit terms are
being proposed. The League also supports
access to pending permitees, outside of the
administrative process.
b. Maximum Extent Practicable (MEP)
• The League supports legislation to define MEP.
c. Safe Harbor
• The League supports legislation that provides
immunity from fines or third-party litigation
for a local government that is in compliance
with maximum extent practicable iterative
best management practices requirements and
NPDES stormwater permit conditions.
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Environmental Quality
VI. WATER STORAGE
1. The League 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 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. The League encourages project developers to mitigate
the negative impacts of water storage projects on fishery
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
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
habitat 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.
c. Adequate research funding to determine appropriate
public health standards for water should be supported.
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 salt water
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. The League 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.
7. New policies and programs should not undermine or alter
the water rights of the entities implementing the policies
or programs.
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Environmental Quality
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 to protect the environmental
health of the Bay-Delta system. Pollution from point
and non-point sources into the Bay and Delta shall be
controlled as stringently as practicable.
i. Programs and facilities to assure safe drinking water
for importing regions dependent on the Delta should
be supported.
j. The SWRCB should assure the continued monitoring
for contaminants in the Delta.
VIII. FLOOD MANAGEMENT
1. The League believes that our citizens have a reasonable
expectation that their federal, state and local governments
will work to protect them from flooding.
2. The League believes that flood protection and
management is a statewide issue, involving flood
infrastructure issues related to levees, urban/suburban/
rural creeks, streams and rivers, and alluvial fans.
3. The League believes that it is important to recognize that
levee failures in the Sacramento-San Joaquin River Delta
have water quality, water supply and economic impacts
that may have statewide effects beyond the local or
regional levee break situation.
4. Flood control issues require cooperative planning,
evaluation and solutions that utilize a regional and
statewide perspective, such as the state IRWMP process.
5. In assessing problems and proposing solutions, it is
important to consider the differences between infill
development and new, greenfield development.
6. The public safety and health of California citizens and the
economic health of California communities and our state
depend upon good flood protection. This includes the
potentially devastating impacts of floods on homes and
businesses.
7. The League supports efforts to improve communication,
cooperation and better coordinated planning between
different government agencies involved in flood
management. The League believes that there must be a
genuine partnership between state and local agencies in
addressing flood control issues.
f. The League 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
State Water Project’s impacts on the Delta fisheries
and other ecological concerns in the Bay-Delta estuary,
which are shown to be adversely affected by the
proposed transfer facilities.
c. Implementation of an integrated program of
rehabilitation and maintenance of Delta levees
involving federal, state, local and user interests for the
purposes of protecting the islands, waterways and
other features including, but not limited to, highways,
railways, water conduits, natural gas storage, etc.,
should be supported. Costs and responsibilities should
be fairly allocated among beneficiaries of such a
program.
d. Until an integrated Delta levee program is initiated,
the Delta levee maintenance program, (by former
California Sen. Howard Way), California Water
Code Sections 12980-12991, should be funded and
implemented.
e. Any Delta governance and/or water management
structure should include local government
representation from the Delta region.
f. When assessing conveyance projects, the League
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.
League of California Cities • www.cacities.org • March 2012 29
Environmental Quality
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 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
development of incentives for such conjunctive use for
increased efficiency should be encouraged.
8. Early development of a cost-sharing formula among all
beneficiaries to fund groundwater replenishment projects
should be supported.
9. The importation of additional supplemental water,
consistent with Section VI Conveyance Systems, as
one means of eliminating groundwater overdraft in the
critically overdrafted basins should be supported.
X. FISH AND WILDLIFE
1. Protection, maintenance, and restoration of fish and
wildlife habitat and resources and their beneficial uses
including recreational and commercial uses, should be
supported. Where feasible, enhancement of fish and
wildlife habitats should be provided.
2. Water projects shall mitigate for adverse impacts on fish
and wildlife resources. Mitigation measure 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 fish migration, to stabilize
areas of streambank erosion, to increase spawning and
rearing habitat for fish, and to maintain riparian vegetation
for cover and temperature control.
3. Protection and restoration of documented fish habitat
should be supported.
8. The League believes cities must ask the right questions
and have the means to obtain accurate information prior
to approving development in floodplains. This involves
educating elected officials and staff about whether their
city is located in a floodplain, the local flood control
infrastructure, the agencies that are responsible for
providing flood protection, the status of levees and other
structures that provide flood protection, emergency
response and evacuation protocols, and how their city
would be impacted by flooding.
9. The League believes that city officials should understand
that a 100-year flood zone does not mean a low, once-in-
100-years risk of flooding. The designation actually means
that there is a 1 percent chance of flooding in any given
year. This translates to a 26 percent chance of flooding
over the life of a typical 30-year mortgage.
10. The League supports a 200-year flood standard for cities in
the Sacramento-San Joaquin and Central Valleys.
11. The League generally endorses the recommendations
of the State’s Flood Control Task Force, especially those
recommendations involved in updating the CEQA Checklist
and General Plan Guidelines and building codes.
12. The State, Army Corps of Engineers (ACOE) and Federal
Emergency Management Agency (FEMA) should work
collaboratively with state and local governments regarding
flood issues.
IX. GROUNDWATER
1. The SWRCB, through the regulatory process of its regional
boards, should ensure the highest possible quality and
safety of groundwater by preventing contamination from
point and non-point sources, especially for usable water.
2. Local drilling, sealing and abandonment ordinances for
water supply and monitoring wells for the protection of
groundwater and public health should be supported.
3. The principle that local entities within groundwater basins
(i.e., cities, counties, special districts, and the regional
water quality control boards) working cooperatively
should be responsible for and involved in developing and
implementing basin wide groundwater, basin management
plans should be supported. The plans should include, but
not be limited to: a) protecting groundwater quality; b)
identifying means to correct groundwater overdraft; c)
implementing better irrigation techniques; d) increasing
water reclamation and reuse; and e) refining water
conservation and other management practices.
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Environmental Quality
3. Operation and maintenance costs of recreational facilities
developed in conjunction with water projects should
be provided from on-site user fees and other applicable
sources. Other costs incurred as a result of these
recreational activities, such as law enforcement and
emergency rescue, should receive appropriate assistance
from state and federal sources.
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.
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-private
partnerships, and user fees should be explored.
2. The requiring agency (whether it be state, federal, or
otherwise) should pay for the features of projects or
programs that are required that agency.
3. The League supports legislation to provide funding for
stormwater, water and wastewater programs, including a
constitutional amendment which would place stormwater
fees in the category of water and wastewater fees, for the
purposes of Proposition 218 compliance.
4. Any agency that regulates water with regard to local
governments needs to be involved in the appropriate city
with regard to how the city will pay for the new regulatory
burden imposed by the agency.
XI. DRAINAGE
1. Agricultural Drainage
a. Finding long-term, economically feasible and
environmentally sustainable solutions to agricultural
drainage problems is essential and in the public
interest. Solutions must be safe and environmentally
acceptable in order to protect:
• Viability of agricultural lands;
• Rivers, estuaries and groundwater from
potential degradation from agricultural
drainage; and
• Water quality for public consumption.
Drainage of agricultural lands must be part of
current and future agricultural water project
planning and implementation.
b. Both state and federal funding should be provided to
investigate: a) further improvement in irrigation and
drainage management ‘practices and conservation;
b) evaporation ponds; c) deep-well injection; and d)
desalination and other treatment technologies. An
equitable cost-sharing formula for implementing
solutions to existing and future drainage problems
shall include state and federal governments and
irrigation project beneficiaries.
2. Other (Run-Off)
a. Finding safe and environmentally acceptable solutions
to problems caused by run-off from non-point sources
is essential and in the public interest.
b. Similarly, finding safe and environmentally acceptable
solutions to other drainage and run-off problems,
such as those caused by mining, dairying and forest
practices, is essential and in the public interest.
c. Equitable cost sharing among appropriate public and
private bodies for implementing solutions to urban and
other run-off problems should occur.
XII. RECREATION
1. Water development projects should minimize adverse
impacts to existing recreational uses, and provide new
recreational opportunities where feasible.
2. The state and federal governments and the recreational
users should bear the recreational development costs of
water projects.
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Environmental Quality
12. WQI 12: The League has no position on confirmation of
regional water board conflict of interest rules with the
Political Reform Act – (Note: the Subcommittee asked for a
legal opinion. The question is: what are the current conflict
of interest rules pursuant to AB 1234. Staff and members
believe that this provision is similar to what already exists
for other state boards [example: Waste Board].)
13. WQI 13: The League has no position on the establishment
of civil penalties for fraudulent information with regard to
reporting by permitees.
14. WQI 14: The League 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: The League has no recommendation on additional
authorization of district and city attorneys to pursue civil
violations (for cities over 750,000 in population).
16. WQI 16: The League believes the state should limit the
number of mandatory minimum penalties (MMP) to one
violation, and the population limit to qualify under the
MMP law as a small, disadvantaged community for a
single missing report should move from 10,0000 to 50,000
(in accordance with federal law).
17. WQI 17: The League has no recommendation on early
payment of MMP violations.
18. WQI 18: The League supports enhanced ability of the
Regional Water Boards to administratively enforce state
Underground Storage Tank (UST) Requirements.
19. WQI 19: The League supports enhanced oversight of UST
testers.
20. WQI 20: The League supports moving the SWRCB
Enforcement Report deadline to July 1.
21. WQI 21: The League supports the SWRCB developing and
implementing performance measures
22. WQI 22: The League supports improved data management
systems for the SWRCB.
23. WQI 23: The League 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: The League generally has no recommendation
regarding the update of SWRCB Strategic Plan.
25. WQI 25: The League supports SWRCB conducted training of
regional water boards, provided the SWRCB both conducts
the training and sets consistent standards statewide.
APPENDIX A
State Water Resources Control Board Water Quality
Improvement Initiative (2008)
1. Water Quality Improvement Initiative Item #1 (WQI 1): The
League supports applying the 10% rule “One Per Region
Basis”
2. WQI 2: The League supports staggering the regional water
board terms
3. WQI 3: The League has no recommendation on reducing
the size of the regional water board from nine members to
seven, with the exception that at least one person on the
regional board should have local government experience.
4. WQI 4: The League supports delegating permitting
authority to the regional water board executive officer and
that the executive officer should take his or her direction
from the State Water Resources Control Board (SWRCB).
5. WQI 5: The League is opposed to regional water board’s
having full time chairs.
6. WQI 6: The League 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 (ex: Los Angeles and Orange County). A large
regional board could bring more consistency to basin plan
management. Any inconsistencies between the regional
boards should be addressed by the state Board.)
7. WQI 7: The League supports the implementation of
biennial priority setting based on the Strategic Plan, with
six month updates by the regional water boards.
8. WQI 8: The League is opposed to allowing the SWRCB to
make the TMDL environmental process subject to NEPA
instead of CEQA.
9. WQI 9: The League supports requiring a TMDL to be
affirmatively approved by the State Water Board or upon
petition.
10. WQI 10: The League supports requiring the regional water
board to consider costs of TMDL compliance.
11. WQI 11: The League 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 WQI#9).
League of California Cities • www.cacities.org • March 201232
Environmental Quality
Atmospheric Deposition: The transfer of pollutants suspended
in the air to the earth’s surface. Pollutants move directly from
the atmosphere into water bodies through precipitation, falling
particles, or the absorption of gases into water. They also may be
deposited over land and transported to water bodies via runoff.
Atmospheric deposition is believed to be a significant source of
various pollutants to many water bodies.
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 nonpoint
source discharges, including urban runoff. BMPs include structural
and 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 pollutants for California. The rule can be found at
65 Federal Register 31682-31719, and was codified in the Code of
Federal Regulations at 40 CFR 131.38.
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 1972 and later amended in 1987 to apply to stormwater/
urban runoff. The CWA was designed to restore and maintain the
chemical, physical, and biological integrity of the nation’s waters
to support “the protection and propagation of fish, shellfish, and
wildlife and recreation in and on the water.”
Coliform: A group of related bacteria that are generally benign to
humans. They are natural and common inhabitants of the soil and
ambient waters (e.g., lakes, rivers, and estuaries), as well as the
gastrointestinal tracts of animals.
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.’
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 depend on many factors.
Agricultural Drainage: Usually refers to installed drains to permit
removal of water which accumulates within plant root zone. May
be essential to maintain favorable salt balance for plant growth.
May contain selenium, salinity, pesticides, herbicides, etc.
Area and County of Origin Protections: Refers to legislative
provisions for protecting water rights of these areas.
Area of Origin Law: Applies to a watershed or area wherein
water originates, or an area immediately adjacent thereto which
can be conveniently supplied with water there from. Because
this law was enacted as part of the Central Valley Project Act, it
applies to the Sacramento River watershed. The Burns- Porter
Act subsequently defined the Sacramento-San Joaquin Delta to
be part of the watershed of the Sacramento River. Gives area of
origin preferential rights regarding operation of federal Central
Valley Project and to contract for State Water Project water and to
certain rights to construct projects or make diversions, provided
use is reasonable and beneficial. (California Water Code Sections
11128, 11460-11463).
County of Origin Law: Prohibits State Water Resources
Control Board from 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 10505).
Delta Protection Act: Establishes that an adequate supply of
water in the Delta is necessary to the peace, health, safety
and welfare of the people of the state, except that delivery of
such water is subject to County of Origin and Area of Origin
laws. (California Water Code Sections 12200-12220).
California Wild and Scenic Rivers Act and Federal Wild and
Scenic Rivers Act: Establish certain rivers or sections of
rivers are to be preserved in their free-flowing condition. The
California law (California Public Resources Code Sections
5093.50-5093.65) allows domestic water diversion for
residents of counties through which the river flows, provided
there is no adverse effect upon the free-flowing character
of the river. California law finds that the free-flowing state
of such rivers is a reasonable and beneficial use within the
meaning of the state constitution.
League of California Cities • www.cacities.org • March 2012 33
Environmental Quality
Enterococcus: A non-coliform bacteria group used as an indicator
of the presence of fecal material in drinking and recreational
waters. USEPA believes that enterococci have a better correlation
with swimming-associated gastrointestinal illness in both marine
and fresh waters than coliform organisms, and “die off” more
slowly in saltwater.
Environmentally Safe: Not a precise technical term, but used to
mean actions which have little or no adverse impact.
Economically Sound/Feasible: Not a precise technical term,
but one that refers to a balance of costs and benefits. Formerly
emphasis was placed on calculating benefit-cost ratios.
Uncertainties and possible abuses in such calculations have raised
questions concerning usefulness of such calculations. Problems
include what types of benefits to involve as well as what costs
to involve. Many, including environmentally related benefits and
costs, cannot be adequately quantified.
Fish and Wildlife Issues: See Compensation, Conservation,
Enhancement, Fish and Wildlife resources, Instream uses, Loss
prevention measures, Mitigation, Preservation, Protection, and
Restoration.
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
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 controlling 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 time,
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 themselves, 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.
Conjunctive Use of Surface and Groundwater: Planned joint use of
surface and groundwater. This usually involves maximizing use of
surface water in wet years (with minimum groundwater pumping)
and using any surplus surface water to recharge groundwater, and
in dry years augmenting surface supplies by drawing on the stored
groundwater.
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 which creates a hazard to the
public health through poisoning or through the spread of disease.
(California Water Code Section 13050) (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 financing of projects in counties with limited financial
resources.
Demand/Need: “Demand” usually refers to a statement of water
requirements which may be projected on the basis of past water
use practices. In contrast, “need” is intended to refer to water that
is truly needed to satisfy purpose if water is efficiently utilized.
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 sea water to
make it useful for potable or non-potable use.
Enhancement: Development or improvement of fish and wildlife
resource values of the area affected by a project beyond that
which would occur without the project.
League of California Cities • www.cacities.org • March 201234
Environmental Quality
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 which serve such beneficial
uses. Pollution may include contamination. (California Water Code
Section 13050: Please see “Contamination”).
Porter-Cologne Water Quality Control Act (Porter-Cologne):
The California equivalent of the federal Clean Water Act. This
legislation established that the State Water Resources Control
Board (State Water Board) has the ultimate authority over state
water rights, water quality policy, and the nine regional water
quality control boards (regional water boards) which oversee
water quality on a day-to-day basis in their geographic regions.
Preservation: Maintenance and protection of fish and wildlife
resources at levels that existed prior to the commencement
of a (the current) project. Preservation is achieved through
mitigation for avoidable resource losses and/or compensation for
unavoidable resource losses and/or compensation for unavoidable
resource losses. The term “preservation” is synonymous with
“conservation” as used in the U.S. Fish and Wildlife Coordination
Act. Preservation does not assume that restoration will occur, but
it could.
Project Beneficiaries: Those who gain value in some fashion
from any of the following: water supply, flood control, power
generation, recreation, salinity repulsion, wildlife.
Protection: Department of Fish and Game appears to use this
term when referring to legal enforcement by wardens. (See
Preservation and Conservation).
Real Water Savings: Simply means there is an “actual” savings of
water which could be put to other use.
Reasonable and Beneficial: Depends on facts and circumstances
of each case. What is a beneficial use at one time may, because
of changed conditions, become a waste of water at a later time.
(Tulare Irrigation District v. Lindsay-Strathmore Irrigation District).
The courts have determined the law requires an evaluation of
the ascertainable facts in view of the increasing need for water
conservation within California.
Beneficial uses include: storing water underground if thereafter to
be applied to beneficial purposes; use of water for recreation and
preservation and enhancement of fish and wildlife resources.
Reclaimed Water: Wastewater that has been cleaned so that it
can be used for most purposes except drinking.
Instream Uses: Include fish, wildlife, recreation, aesthetics, hydro-
power production, dilution of contamination, waste discharge, and
sediment transport.
Local Entities: Includes cities, counties, water districts, joint
powers, etc.
Lass Prevention Measures: Designing and implementing measures
to avoid immediate and long term impacts to fish and wildlife
resources.’
Maximum Extent Practicable (MEP): The vaguely defined standard
set forth in the CWA to be included in Municipal NPDES Permits to
be complied with by municipal dischargers in order to reduce the
discharge of pollutants from their municipal separate storm sewer
systems. CWA Section 1342 (p)(3)(B)(iii) requires that permits for
discharges from municipal storm sewers “shall require controls
to reduce the discharge of pollutants to the maximum extent
practicable, including management practices, control techniques
and systems, design and engineering methods, and such
other provisions as the Administrator or the State determines
appropriate for the control of such pollutants.”
Mitigation: Measures to lessen or reduce adverse effects on fish
and wildlife resources through 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 nonpoint
sources of pollution.
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.
League of California Cities • www.cacities.org • March 2012 35
Environmental Quality
Usable Groundwater: Refers to groundwater which can be
pumped within the cost and technical constraints appropriate to
the situation.
Water Banking: Not a precise term. Generally refers to storing
presently surplus water in groundwater basins or in surface
storage facilities.
Water Management Practices: Relate to the varied objectives
of irrigation, municipal and industrial use. These objectives
may not be compatible. In general, management practices are
developed to maximize economic returns and/or to minimize (or
prevent) adverse environmental impacts including water quality
degradation. Conservation of supply, reuse, treatment for use
and waste disposal, and the planned conjunction use of surface
and groundwater are all aspects of water management. (Also see
Conjunctive use and Groundwater management).
Water Quality Standards and Objectives: The regional water
quality boards set “objectives” in their basin planning process
which are equivalent to what EPA calls “standards”. The
“standards” include numerical narrative criteria and plans to
implement these criteria.
Water Reclamation: Usually refers to removing contaminants in
water so that the water can be discharged into a receiving water
without creating problems for fish, wildlife and other aspects of
environment. Also, refers to water which has been treated to
remove contaminants as required to permit its reuse particularly
for irrigation of landscaped or agricultural areas.
Way Bill (Program): Delta Levee Maintenance Program. Declares
the Sacramento-San Joaquin Delta, characterized by islands
and meandering waterways, as a unique resource of major
statewide significance. Reasons are stated. Declares the system
of levees is the key to preserving the physical characteristics of
the Delta. Finds there is an urgent need for a higher degree of
levee maintenance and rehabilitation throughout the Delta and
‘that the state has an interest in providing technical and financial
assistance. Establishes that local agencies maintaining non-project
(private) levees shall be eligible for reimbursement from the
General Fund. Reimbursement shall be at 50% of cost. (California
Water Code Sections 12980-12991).
303(d) List of Impaired Waterbodies: The State is required to
prepare a list of water bodies that are polluted, under Section
303(d) of the CWA. Inclusion of a water body on the 303(d) list
generally leads to the development of a total maximum daily load
(TMDL) for the water body.
Recycled Water: Municipal and/or industrial wastewater that
has been treated to a sufficiently high level that it can be reused
usually for non-potable purposes such as irrigating landscape and
refilling aquifers.
Restoration: Means to return to “original” conditions. (Selection or
“original” or base condition is often source of debate.)
Reverse Flows: Where direction of flow in a channel is reversed,
as in the case of channels in South Delta which normally drain
towards San Francisco Bay, but where pumping for export may
cause flow reversal, drawing more saline water further into the
Delta.
Sediment Transport: Sediment of various particle sizes may be
carried by moving water. The size of particles transported by
water increases as velocity rises.
Stormwater: Water that accumulates on land as a result of
storms, and can include runoff from urban areas such as roads
and roofs.
Surplus Water: When used as a technical term in water contracts,
this is the water that is available after entitlement water has been
delivered. The amount of surplus water varies from year to year,
generally according to amounts of runoff. Surplus water ordinarily
is less expensive to the user than entitlement water. Reference is
also made to water which is surplus to reasonable and beneficial
uses of area of origin and Bay/Delta.
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 calculation of the maximum
amount of a pollutant that an impaired water body can receive
and still meet applicable water quality standards. A TMDL is to
include allocations for the maximum load a particular source of
a pollutant may discharge to the subject water body. TMDLs are
required pursuant to Section 1313(d) of the CWA for water bodies
that have first been listed as being impaired for the particular
pollutant or pollutants at issue.
Triennial Review: A review of water quality standards in basin
plans that is required at least once every three years by Section
1313(c) (1) of the CWA and periodically under Section 13240 of the
Porter-Cologne Water Quality Control Act.
Ultimate: Imprecise meaning. Depends on time frame.
League of California Cities • www.cacities.org • March 201236
Housing, Community and Economic Development
Housing, Community and Economic Development
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, 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. The League 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. The League 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.
• Water Supply and Land Use Planning. The League 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.
Prepared by Robert M. Hagan, Extension Water Specialist, Marcia Kreith,
Program Representative, University of California Cooperative Extension, July
1987 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 management
practices, maximum extent practicable, NPDES permit
RWA: Cross-media pollution
Southern California 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,
pathogen
League of California Cities • www.cacities.org • March 2012 37
Housing, Community and Economic Development
»Develop a neutral dispute resolution process and fair
enforcement alternatives to deal with disputes over
questions of compliance;
»Require state laws and policies which affect housing and
land use to be internally consistent;
»Establish additional legal protections to local agencies that
approve affordable housing and that establish local pro-
active affordable housing policies; and
»Authorize communities which achieve quantifiable
affordable housing production levels to self-certify their
housing elements without being subject to state review.
Housing Finance
• The League supports legislation and state and federal
programs that assist in providing financing for affordable
housing, including the development of fiscal tools and
incentives to assist local governments in their efforts to
encourage housing and finance the infrastructure to support
housing, as well as establishing an ongoing state commitment
for funding affordable housing.
• The League supports the re-establishment of federal
tax incentives which were in effect prior to 1986 which
encouraged private development and ownership of rental
housing.
• The League supports property tax assessment policies that
match local affordable housing policies.
Economic Development
• Job Creation, Retention and Expansion. The League
supports legislation that will provide tangible and productive
tools and incentives to support job creation 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 retention of jobs; the elimination
of matching dollar requirements for economic development
and infrastructure state grants; the provision of grant funding
for infrastructure planning and design and the creation
of economic development strategies; and, allowing cities
the maximum flexibility in the use of state funds toward
local priorities that support job creation. The League also
encourages the state to adopt policies and programs that
establish a comprehensive solution to the infrastructure and
jobs/housing needs of all communities within the state.
• Zoning. The League believes local zoning is a primary function
of cities and is an essential component of home rule. The
process of adoption, implementation and enforcement of
zoning ordinances should be open and fair to the public and
enhance the responsiveness of local decision-makers. State
policy should leave local siting and use decisions to the city
and not interfere with local prerogative beyond providing a
constitutionally valid procedure for adopting local regulations.
State agency siting of facilities, including campuses and
office buildings, should be subject to local notice and
hearing requirements in order to meet concerns of the local
community.
Housing Element
• Housing issues should be addressed in the general plan as
other planning issues are. The housing element should be
prepared for the benefit of local governments and should have
equal status with the other elements of the general plan.
• The projections of regional and local growth and the
allocations of housing units should account for state and local
planning factors and should be subject to a formal hearing and
appeal process to ensure that they are realistic. Cities should
be allowed to work together to allocate housing units among
themselves within a subregion. Appeals should be heard by
politically accountable officials at the state and regional levels.
• Cities should focus their efforts on facilitating the production
of below market rate housing units. Local government efforts
should be subject to realistic performance standards, not to
arbitrary state agency review of the housing element. Local
government housing efforts should be rewarded by incentives.
These incentives should include streamlining by not being
subject to the Department of Housing and Community
Development review, priority ranking for discretionary funds,
and new discretionary funds available for general fund
purposes.
The League supports and encourages legislation that:
• Implements comprehensive reforms to the housing element
process that:
»Address conflicts between local growth projections and
state regional housing need numbers;
»Resolve the problems associated with the distribution of
RHNA units within a council of governments;
»Achieve improvements to the housing element review
process;
League of California Cities • www.cacities.org • March 201238
Housing, Community and Economic Development
• The League supports state legislation to require a minimum
distance of 300 feet between all new and existing residential
care facilities. The League supports notification of cities about
conditional release participants residing in group homes.
Development Fees
• The League supports providing local discretion in the
assessment, collection and usage of development fees. The
state should provide infrastructure funding to help local
communities meet California’s growth demands and to
increase housing affordability. The League opposes limiting
the ability of cities to levy fees to provide for infrastructure or
services.
• The League 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. The League supports maintaining city discretion
over the extent to which legislative authority should be
exercised to fully mitigate impacts from development to the
adequacy of school facilities. Consistent with maintaining
discretion, cities should maintain the ability to condition and
deny projects that the city determines inadequately mitigate
impacts to community schools.
• The League opposes the elimination of any development fee
or tax including excise taxes. Tax shifts and initiative measures
have severely limited city abilities to provide for community
needs. The state must ensure that cities have adequate
revenues for local infrastructure and services.
Annexation and Incorporation
• The League 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.
• The League supports facilitating the incorporation of cities that
have met procedural requirements and voter approval. The
League opposes efforts by the Legislature to disincorporate a
city for any reason, unless requested by the affected city.
• Redevelopment. The League supports continuing flexibility in
the use of redevelopment authority. Redevelopment authority
has been one of the few tools that cities have been provided
that encourages economic development. The League opposes
limiting authority or increasing the liability of redevelopment
agencies.
• Enterprise Zones. The League supports the expansion
of enterprise zones to assist city economic development.
The definition of enterprise zones should be expanded to
include a range of activities including base closure and gang
suppression.
Eminent Domain
• The League supports 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.
Rent Control
• The League opposes legislation that restricts the ability of
cities to enact rent control ordinances for mobile homes and
stick-built housing that are tailored to meet local conditions
and circumstances.
• The League opposes legislation that would require a city to
adopt a mobile home rent control ordinance.
Subdivision Map Act
• The League supports maximizing local control over
subdivisions and public improvement financing. Discretion
over the conditions and length of subdivision and parcel maps
should be retained by cities.
Residential Care Facilities
• The League 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. The League recognizes
that better review and regulation of residential care facilities
will protect both the community surrounding a facility and the
residents within a facility from a poorly managed facility or the
absence of state oversight.
League of California Cities • www.cacities.org • March 2012 39
Housing, Community and Economic Development
• Economic Reuse: The League supports incentives for broad
economic reuse of closed military facilities. Cities should
work on a regional and interstate basis to maintain economic
productivity. Economic reuse includes both reuse of military
facilities and the retooling of related industries to continue to
provide jobs for residents of California’s cities.
Mobile Home Regulation
• The League supports initiatives that maintain cities as the
enforcement authority for mobile home regulation.
• The League supports the preservation of existing mobile home
parks as an important source of affordable housing.
Sign Regulation
• The League supports the authority of cities to regulate
billboards and other signage. The League opposes mandatory
local abatement programs.
Principles for Smart Growth:
1. Well-Planned New Growth. Recognize and preserve
open space, watersheds, environmental habitats, and
agricultural lands, while accommodating new growth in
compact forms, in a manner that:
• De-emphasizes automobile dependency;
• Integrates the new growth into existing
communities;
• Creates a diversity of affordable housing near
employment centers; and
• Provides job opportunities for people of all ages
and income levels.
2. 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.
3. 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
Development Agreements
• The League recognizes voluntary development agreements as
one tool for providing flexibility in development approvals.
Building Standards
• The League supports flexibility in the adoption and
implementation of health and safety standards contained in
the building codes. Statutes should maximize local control
over standards applying to local conditions. The League
opposes new standards imposed by statute rather than
regulation.
• The League opposes attempts to have multiple state agencies
develop specific or subject related building standards. New
building standards should be proposed through the California
Standards Commission.
• The League supports authorizing cities to adopt independent
occupancy standards to prevent overcrowding and associated
health and safety hazards, including fire-related fatalities.
Housing for Homeless
• Housing and programs for homeless and other extremely low-
income populations are necessary to ensure quality of life and
economic viability for all Californians.
• Homelessness is a statewide problem that disproportionately
impacts specific communities. The state should make funding
and other resources available to help assure that local
governments have the capacity to address the needs of the
homeless in their communities.
• Homeless housing is an issue that eludes a statewide,
one-size-fits-all solution, and collaboration between local
jurisdictions should be encouraged.
• State and federal funding programs should be designed to
reflect responsibilities imposed by state and federal law.
Military Base Closure And Reuse
• Base Closures and Reuse: The League supports local
decision-making over military base closure and reuse. The
affected cities independently or subregionally should work
together towards efficient reuse planning.
League of California Cities • www.cacities.org • March 201240
Housing, Community and Economic Development
8. 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.
9. Encourage Full Community Participation. Foster an open
and inclusive community dialogue and promote alliances
and partnerships to meet community needs.
10. 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.
Note: The League will review new legislation to determine how it relates
to existing League policies and guiding principles. In addition, because
this document is updated every two years to include policies and guiding
principles adopted by the League during the previous two years, there may
be new, evolving policies under consideration or adopted by the League
that are not reflected in the current version of this document. However, all
policies adopted by the League Board of Directors or the League’s General
Assembly become League policy and are binding on the League, regardless
of when they are adopted and whether they appear in the current version
of “Summary of Existing Policies and Guiding Principles.”
• Retaining existing businesses and promoting new
business opportunities that produce quality local
jobs.
4. Coordinated Planning For Regional Impacts. Coordinate
planning with neighboring cities, counties, and other
governmental entities so that there are agreed upon
regional strategies and policies for dealing with the
regional impacts of growth on transportation, housing,
schools, air, water, wastewater, solid waste, natural
resources, agricultural lands and open space.
5. Support High-Quality Education and School Facilities.
Develop and maintain high quality public education and
neighborhood-accessible school facilities as a critical
determinant in:
• Making communities attractive to families;
• Maintaining a desirable and livable community;
• Promoting life-long learning opportunities;
• Enhancing economic development; and
• Providing a work force qualified to meet the full
range of job skills required in the future economy.
6. 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.
7. 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.
League of California Cities • www.cacities.org • March 2012 41
Public Safety
• The League supports Emergency 911 systems to ensure
cities and counties are represented on decisions affecting
emergency response.
• The League supports additional funding for local agencies to
recoup the costs associated with fire safety in the community
and timely mutual aid reimbursement for disaster response
services in other jurisdictions.
Emergency Services
• The League supports the 2-1-1 California telephone service
as a non-emergency, human and community services and
disaster information resource.
• The League supports “Good Samaritan” protections that
include both medical and non-medical care when applicable
to volunteer emergency, law enforcement, and disaster
recovery personnel. The League also supports providing “Good
Samaritan” protections to businesses that voluntarily place
automated external defibrillators (AEDs) on their premises to
reduce barriers to AED accessibility.
Law Enforcement
• The League 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 the costs of crime and increase
community safety.
• The League opposes booking fees and continues to seek their
repeal, while encouraging localities to pursue resolution of the
issues with their respective counties.
• The League 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.
• The League supports reimbursement by the federal
government to local agencies, specifically cities, for the costs
associated with incarcerating deportable criminals, including
the direct costs associated with processing and booking at the
time of arrest.
• The League supports policies that promote a victim’s right
to seek restitution, create restrictions on the early release of
state inmates from incarceration for the purpose of alleviating
overcrowding, and limit parole hearing opportunities for state
inmates serving a life sentence or paroled inmates with a
violation.
Public Safety
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
• The League 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.
• The League supports and strives to ensure local control of
emergency medical services by authorizing cities and fire
districts to prescribe and monitor the manner and scope of
pre-hospital emergency medical services, including transport
through ambulance services, all provided within local
boundaries for the purpose of improving the level of pre-
hospital emergency medical service.
• The League supports legislation to provide a framework for
a solution to long-standing conflict between cities, counties,
the fire service and LEMSA’s, particularly by local advisory
committees to review and approve the EMS plan and to serve
as an appeals body. Conflicts over EMS governance may be
resolved if stakeholders are able to participate in EMS system
design and evaluation and if complainants are given a fair and
open hearing.
• The League supports stored pressure dry chemical fire
extinguishers to be serviced and recharged every six years or
after each use, whichever occurs first. Additionally, the League
supports requiring a licensed technician to perform the annual
external maintenance examination of stored pressure dry
chemical fire extinguishers.
• The League opposes legislation, regulations and standards
that impose minimum staffing and response time standards
for city fire and EMS services since such determinations
should reflect the conditions and priorities of individual cities.
League of California Cities • www.cacities.org • March 201242
Public Safety
Indian Gaming
• The League supports the following principles that are intended
to balance tribal self-reliance with the local government
mandate to protect the public health and safety.
»Require an Indian Tribe that plans to construct or expand
a casino or other related businesses to seek review and
approval of the local jurisdiction for such improvements
consistent with state law and local ordinances including
the California Environmental Quality Act, with the Tribal
government acting as the lead agency and with judicial
review in the California courts.
»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 the infrastructure needs and services
outlined 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-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 establish and follow appropriate
criteria to guide discretion of the Governor and the
Legislature when considering whether to consent to tribal
gaming on lands acquired in trust after October 17, 1988
and governed by the Indian Gaming Regulatory Act (25
U.S.C. § 2719).
Alcohol
• The League supports policies that limit the ability of minors
to engage in alcohol consumption, and limit youth access
to alcoholic beverages, so long as related state-mandated
programs or services provide for full reimbursement to all
local agencies.
• The League supports parolee search and seizure terms,
which aids local law enforcement’s ability to manage paroled
offenders.
• The League supports increased penalties for metal theft, and
recognizes that statewide regulation is needed to discourage
“jurisdiction shopping”. The League also supports increased
record-keeping and reporting requirements for junk dealers,
including the collection of thumbprints from sellers.
Emergency Communications Interoperability
• The League supports activities to develop and implement
statewide integrated public safety communication systems
that facilitate interoperability and other shared uses of public
safety spectrum with local, state and federal law enforcement,
fire, emergency medical and other public safety agencies.
Wildland Urban Interface
• The League 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 resulting from wildland urban
interface fires.
Nuisance Abatement
• The League 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.
Violence
• The League 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 the League Board of
Directors.
• The League supports the use of local, state, and federal
collaborative prevention and intervention methods to reduce
youth and gang violence.
League of California Cities • www.cacities.org • March 2012 43
Public Safety
Corrections
• The League supports constitutional protections for state
funded corrections realignment programs, so long as it
includes funding for local police department needs. The
League also supports increasing city representation and
participation on the Community Corrections Partnerships, who
are charged with developing local corrections plans.
Miscellaneous
• The League opposes reductions to city authority to regulate
needle and syringe accessibility and exchange programs.
• The League supports a single, efficient, performance-based
state department (the California Emergency Management
Agency) to be responsible for overseeing and coordinating
emergency preparedness, response, recovery, and homeland
security activities.
• The League asks any company manufacturing or marketing
or planning to manufacture or market colored-tread tires
in California to voluntarily abandon such a product line and
thereby prevent the public safety, environmental and social
problems these tires can potentially cause.
• The League warns those individuals who advocate or
perpetrate hate, not to test the cities’ resolve to oppose them
as each city is encouraged to vigorously pursue a course of
investigation, apprehension, prosecution, conviction, and
incarceration of all those who participate in hate crimes.
Note: The League will review new legislation to determine how it relates
to existing League policies and guiding principles. In addition, because
this document is updated every two years to include policies and guiding
principles adopted by the League during the previous two years, there may
be new, evolving policies under consideration or adopted by the League
that are not reflected in the current version of this document. However, all
policies adopted by the League Board of Directors or the League’s General
Assembly become League policy and are binding on the League, regardless
of when they are adopted and whether they appear in the current version
of “Summary of Existing Policies and Guiding Principles.”
• The League supports local policies that hold social hosts
responsible for underage drinking that occurs on property
under their possession, control, or authority.
• The League supports additional penalties for repeat driving
under the influence (DUI) offenders that include, but are not
limited to, permanent revocation of an individual’s drivers
license.
Marijuana Regulation
• The League opposes the legalization of marijuana cultivation
and use for non-medicinal purposes.
• Reaffirming that local control is paramount, the League holds
that cities should have the authority to regulate medical
marijuana dispensaries, cooperatives, collectives or other
distribution points if the regulation relates to location,
operation, or establishment to best suit the needs of the
community.
• The League affirms that revenue or other financial benefits
from creating a statewide tax structure on medical marijuana
should be considered only after the public safety and health
ramifications are fully evaluated.
• While the value of marijuana as a physical or mental health
treatment option is uncertain, the League recognizes the need
for proactive steps to mitigate the proliferation of unlawful
medical marijuana dispensaries, cooperatives, collectives and
other access points acting outside state or local regulation.
Graffiti
• The League endorses the “Tag You Lose” anti-graffiti campaign
and encourages other cities to implement this program into
their existing anti-graffiti programs.
• The League supports increased authority and resources
devoted to cities for abatement of graffiti and other acts of
public vandalism.
Sex Offender Management
• The League 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.
League of California Cities • www.cacities.org • March 201244
Revenue and Taxation
»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.
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.
»Protect the 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.
»Limits on the number of bills that legislators may
introduce.
»A prudent reserve fund.
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 the League
• 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 the League 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.
• Alliances. Cities should seek alliances with counties, schools,
other cities, employee organizations, other local agencies,
and business and professional organizations to support
cooperation, sound financial policies and joint action.
• Initiative. Cities and the League 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.
League of California Cities • www.cacities.org • March 2012 45
Revenue and Taxation
Reduce Competition
• Revenue from new regional or state taxes or from increased
sales tax rates should be distributed in a way that reduces
competition for situs-based revenue. (Revenue from the
existing sales tax rate and base, including future growth from
increased sales or the opening of new retail centers, should
continue to be returned to the point of sale.)
• The existing situs-based sales tax under the Bradley Burns
1% baseline should be preserved and protected. Restrictions
should be implemented and enforced to prohibit the
expansion of questionable businesses formed to circumvent
the principle of situs-based sales and used to divert sales tax
revenues from other regions in return for favorable treatment.
Funding for Counties
• Counties require additional funding if they are to fulfill their
state-mandated and traditional roles.
• As legal agents of the state, county expenditures in that
capacity should be funded by the state. Their local programs
should be financed locally.
• The concept of “self-help” for counties should be expanded.
An example might be that counties could receive certain state
funding if they raise a specified level of revenue locally.
• To alleviate competition among cities and counties, funding
for counties should be accompanied by agreements on new
development in undeveloped areas within the cities’ sphere of
influence.
Regional Revenues
• Local government issues, programs, and services do not
always recognize local government jurisdictional boundaries.
In cases where regional issues, programs, and services
are identified, multi-jurisdictional revenues should then be
identified and implemented. As an example, the sales tax
has been considered and used by many countywide areas to
address multi-jurisdictional transportation issues.
• Support regional cooperation on common interests and goals
by providing access to share incremental growth in ERAF
property tax.
»Official records kept of all Assembly 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 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.
• When disasters occur 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. The League supports disaster
recovery legislation that includes mitigation for losses
experienced by local governments. The League 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.
League of California Cities • www.cacities.org • March 201246
Transportation, Communication and Public Works
Transportation, Communication and Public Works
Scope of Responsibility
The Committee on Transportation, Communication 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
• The League supports additional funding for local
transportation and other critical unmet infrastructure needs.
One of the League’s priorities is to support a continuous
appropriation of new monies directly to cities and counties
for the preservation, maintenance and rehabilitation of the
local street and road system. The League also supports a
permanent shift of the sales tax on gasoline for transportation
purposes and an allocation formula equivalent to 40/40/20
split of 40 percent to cities and counties, 40 percent to STIP
and 20 percent to transit.
• The League supports enhanced autonomy for local
transportation decision-making and pursues transportation
policy changes that move more dollars and decisions to local
policy leaders. The League supports spending transportation
moneys for transportation purposes. The League will seek the
maximum share of available funding for local transportation
programs. The League supports implementation of federal
transportation funding re-authorization legislation in a manner
that supports these principles.
• The League 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 are not affected. Furthermore, this
funding should not compete with preservation of the road
system in light of the identified $71.4 billion in unmet needs
on the city and county street and road system, as identified
in the California Statewide Local Streets and Roads Needs
Assessment completed in 2009.
Federal Streamlined Sales and Use Tax Agreement (SSUTA)
• There are more questions than answers for California cities
about potential state participation in the SSUTA. The SSUTA
offers many more risks for California cities than benefits. Thus,
the League should:
1. Continue to monitor developments of the SSUTA and
related federal legislations, but not support any additional
efforts that would lead to California joining the agreement.
This position can always be revisited at a future point if
events change.
2. 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.
3. Work with the State Board of Equalization and other
parties on alternative efforts to increase the collection of
use taxes within California. Share the League’s analysis of
the SSUTA with interested parties, exchange information
on use tax collection issues with municipal Leagues in
other states, including those states with tax structures
similar to California.
Note: The League will review new legislation to determine how it relates
to existing League policies and guiding principles. In addition, because
this document is updated every two years to include policies and guiding
principles adopted by the League during the previous two years, there may
be new, evolving policies under consideration or adopted by the League
that are not reflected in the current version of this document. However, all
policies adopted by the League Board of Directors or the League’s General
Assembly become League policy and are binding on the League, regardless
of when they are adopted and whether they appear in the current version
of “Summary of Existing Policies and Guiding Principles.”
League of California Cities • www.cacities.org • March 2012 47
Transportation, Communication and Public Works
Telecommunications
• The League supports a state tax levied on direct broadcast
satellite television service providers if the proceeds are
distributed to support local public safety programs consistent
with a geographic distribution methodology that reflects
households using this service, and provided that the tax is
repealed should the revenues be diverted by the state for
another purpose.
• Traditional franchising at the local level has served the
valuable purpose of tailoring service to unique local conditions
and needs and assuring responsiveness of providers to
consumers. The continued involvement of local government
in any new state or federal regulatory scheme by way of
locally negotiated agreements is an essential component
of telecommunications regulations, best serves the needs
of consumers, and is consistent with the goal of providing
consumers greater choice in telecommunications options.
Any new state or federal standards must conform to the following
principles:
1. Revenue Protection
• Protect the authority of local governments to collect
revenues from telecommunications providers and
ensure that any future changes are revenue neutral
for local governments.
• Regulatory fees and/or taxes should apply equitably
to all telecommunications service providers.
• A guarantee that all existing and any new fees/taxes
remain with local governments to support local public
services and mitigate impacts on local rights-of-way.
• Oppose any state or federal legislation that would
pre-empt or threaten local taxation authority
2. Rights-of-Way
• To protect the public’s investment, the control of
public rights-of-way must remain local.
• Local government must retain full control over the
time, place and manner for the use of the public
right-of-way in providing telecommunications
services, including the appearance and aesthetics of
equipment placed within it.
3. Access
• All local community residents should be provided
access to all available telecommunications services.
• The League 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.
Public Works
• The League supports retaining maximum flexibility for timely
and cost-effective completion of public works projects. The
League supports innovative strategies including public private
partnerships at the state and local levels to enhance public
works funding.
• The League supports efforts to divert products that contribute
to decreased capacity and increased maintenance costs at
wastewater treatment facilities.
Vehicles
• The League opposes all efforts that allow vehicles and vehicle
operators on the road that will jeopardize the integrity of the
public infrastructure or the health and safety of the motoring
public. The League supports all efforts to retain maximum
control of the local street and road system. The League
supports traffic safety enhancements such as motorcycle
helmets, child restraints, seat belt and speed limit laws.
• The League opposes any efforts to increase truck size or
weight. The size and weight of trucks is important because
it affects 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.
• The League encourages cities to promote safe driving across
California and the education of the general public about the
dangers of texting while driving.
Contracts
• The League supports maintaining maximum local flexibility
in the area of contracting and contract negotiations. The
League supports changes to law that allow cities options to
use design-build contracting and other innovations designed
to bring efficiency to public contracting. The League also
supports contracting out with private entities to increase
project delivery efficiency and affordability.
League of California Cities • www.cacities.org • March 201248
Transportation, Communication and Public Works
and receive compensation for its use. The League
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. The League will work
with the California Public Utilities Commission, the
various telephone companies and federal regulatory
agencies to improve telephone area code planning in
California.
Air Pollution
• The League will monitor developments and the ramifications
of efforts to regulate air quality and related congestion
strategies as it is related to transportation.
Note: The League will review new legislation to determine how it relates
to existing League policies and guiding principles. In addition, because
this document is updated every two years to include policies and guiding
principles adopted by the League during the previous two years, there may
be new, evolving policies under consideration or adopted by the League
that are not reflected in the current version of this document. However, all
policies adopted by the League Board of Directors or the League’s General
Assembly become League policy and are binding on the League, regardless
of when they are adopted and whether they appear in the current version
of “Summary of Existing Policies and Guiding Principles.”
• Telecommunications providers should be required
to specify a reasonable timeframe for deployment of
telecommunications services that includes a clear
plan for the sequencing of the build-out of these
facilities within the entire franchise area.
4. 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.
5. Institutional or Fiber Network (INET)
• The authority for interested communities to establish
INET services and support for educational and local
government facilities should remain at the local level.
6. 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 service.
7. 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.
8. Other Issues
• Existing telecommunications providers and new
entrants shall adhere to local city policies on public
utility undergrounding.
• The League supports the authority of cities to zone
and plan for the deployment of telecommunications
infrastructure. The League supports the ability of
cities to maintain and manage the public right-of-way
League of California Cities • www.cacities.org • March 2012 49
HOW YOU CAN GET INVOLVED
ü Visit the League Web site: www.cacities.org
• Issues and advocacy;
• News and information; and
• Education, conferences and networking.
ü Subscribe to CA Cities Advocate, the League’s e-newsletter
Stay up-to-date on major issues impacting local government. If you would like to automatically
receive updates on legislative and policy issues that affect California cities, you may subscribe to the
League’s CA Cities Advocate e-newsletter. It’s easy to subscribe on the League’s Web site:
www.cacities.org/cityadvocateweekly.
ü Sign-up for League listserves
Listserves are a great resource for sharing information, asking questions or getting help. They are
intended to facilitate communication and information sharing among city officials. Don’t miss out on
important information that affects local government and your professional development. Sign up is
easy on the League’s Web site: www.cacities.org/listserv.
ü Use the Bill Search function to stay informed on key legislation.
It can be found on the home page under Find a Bill, or go directly to:
www.cacities.org/billsearch
• Search for all bills in the current legislative session (2009-10), or prior sessions. Search by bill
number, author, topic word, or key word.
• On this page (www.cacities.org/billsearch), you can also link directly to League policy areas.
Here you will find bills that the League is tracking, as well as the registered positions
(Support, Oppose or Watch), sample letters and the legislative representative assigned to the
bill. Note: The League’s standard position on tracking legislation is “watch” until such time
that we take an official position.
üLearn more about the League
The League produces brochures and other materials to help inform our members, law makers,
the press and the general public about the organization’s mission, work and goals. To view League
marketing materials, visit: www.cacities.org/learnmore.
1400 K Street
4th Floor
Sacramento, CA 95814
916.658.8200
916.658.8240 Fax
www.cacities.org
Printed on recycled paper.
ATTACHMENT B
Utilities’ Legislative Policy Guidelines for 2012
Advocacy positions taken in alignment with these guidelines will be subject to the approval of the
Utilities Director or City Manager as per the City’s legislative advocacy process
ALL UTILITIES
Goals
1. Preserve/enhance local accountability in the control and oversight of matters impacting utility
programs and rates for our customers while balancing statewide climate protection goals.
2. Support legislation that makes bold progress in cost effectively reducing greenhouse gas (GHG)
emissions, and recognizes early voluntary action.
3. Support efforts to maintain or improve the reliability of the supply, transmission, storage and
distribution/collection infrastructures.
4. Maintain the City of Palo Alto Utilities’ (CPAU’s) ability to provide safe, reliable, sustainable, and
competitively-priced utility services.
Legislative Policy Guidelines Venue Goals
1. Local
Accountability
2. Climate
Protection
3. Reliability
&
Infrastructure
4. Service
& Cost
Control
1. Advocate goals through active
participation in joint action efforts.
Federal,
State, and
Regional
2. Communicate the City’s record on
environmental and energy efficiency
programs with Legislature, California
Energy Commission (CEC), California
Air Resources Board (CARB), and
Natural Resources Defense Council
(NRDC) via California Municipal
Utilities Association (CMUA),
Northern California Power Agency
(NCPA), and the Bay Area Water
Supply and Conservation Agency
(BAWSCA).
State
3. Support legislation that will result in
the most cost-effective reduction of
GHG emissions, recognition of early
action, and inclusion of more efficient
solutions, such as cogeneration,
distributed resources, and demand
control programs, in integrated
resource plans.
Federal,
State, and
Regional
Utilities Legislative Policy Guidelines for 2012
1. Local
Accountability
2. Climate
Protection
3. Reliability
&
Infrastructure
4. Service
& Cost
Control
4. Promote utility legislation and
regulations that support reasonable
reliability standards and compliance
requirements, and effective and
consistent reporting requirements,
customer communications, and goal-
setting.
Federal,
State, and
Regional
Reliability
Councils
5. Oppose cost shifts from Federal or
State budgets and California Public
Utilities Commission (CPUC)
jurisdictional utilities through active
participation in CMUA and NCPA
legislative activities.
Federal,
State, and
CPUC
6. Advocate for State and Federal grants
for local and regional applications of
energy efficiency, conservation,
renewable resources, fiber, wastewater
collection systems and recycled water
projects.
Federal and
State
7. Maintain right of way access for utility
infrastructure.
Federal and
State
8. Protect the value of existing assets and
contracts and local regulatory
approvals of same.
Federal and
State
Page 2 of 11
Utilities Legislative Policy Guidelines for 2012
WATER
Goals
1. Increase the security and reliability of the regional water system owned and operated by the San
Francisco Public Utilities Commission (SFPUC).
2. Maintain the provision of an environmentally sustainable, reliable supply of high quality water at a
fair price.
3. Support ability of municipal utilities to develop and manage their own conservation and efficiency
programs and retain authority over ratemaking, including the ability to optimize volumetric and fixed
charges to balance the goals of revenue certainty and water use efficiency.
4. Support efficiency and recycled water programs in order to minimize the use of imported supplies.
Legislative Policy Guidelines Venue Goals
1.
Reliable
infrastructure
2. Supplies
at fair cost
3. Local
Authority
4.
Minimize
imports
1. Advocate goals through active participation in
the Bay Area Water Supply and Conservation
Agency (BAWSCA) and California
Municipal Utilities Association (CMUA),
with support from Palo Alto staff for
BAWSCA and the San Francisco Bay Area
Regional Water System Financing Authority
(RFA).
Local,
Regional
& State
2. Participate in California Urban Water
Conservation Council (CUWCC) Best
Management Practice (BMP) revisions and
development to ensure that aggressive and
cost-effective efficiency goals are
incorporated and operating proposals are
reasonable, achievable, and cost-effective.
State
3. Advocate to ensure that legislative actions
regarding the Hetch Hetchy Reservoir and
conveyance system include the following
requirements:
timely rebuilding of the regional water
system;
maintains the quality of delivered water;
minimizes any increase in the cost of
water;
creates no additional exposure to more
frequent or severe water shortages;
supports the existing water system and its
operation.
Local,
Regional
& State
Page 3 of 11
Utilities Legislative Policy Guidelines for 2012
1.
Reliable
infrastructure
2. Supplies
at fair cost
3. Local
Authority
4.
Minimize
imports
4. Advocate for interpretations or
implementation of Water Code provisions
(such as those enacted by AB 1823 (2002),
AB 2058 (2002) and SB 1870 (2002)) that
maintain or reinforce the authorities and
protections available to the City and
BAWSCA members outside of San Francisco.
Local,
Regional,
and State
5. Support provision of sufficient resources for
BAWSCA to enable it to advocate for:
an environmentally sustainable, reliable
supply of high quality water at a fair
price;
preservation of Palo Alto’s existing
contractual water allocation and
transportation rights on the SFPUC Hetch
Hetchy system;
regional planning for conservation,
recycled water, and other water supply
projects.
Local
and
Regional
6. Advocate for:
actions that preserve Palo Alto’s existing
contractual rights
supporting actions that preserve local
control over water use and limit
encroachment from outside jurisdictions
Local
and
Regional
7. Support infrastructure security and reliability
including an interconnection between the
SCVWD West Pipeline with the SFPUC’s
Bay Division Pipelines 3 and 4.
Regional,
and State
8. Support notification requirements that aid
residents/customers but do not inflict undue or
unobtainable requirements on the utility.
State
9. Support local control of public benefit funds
funding levels and program design.
State
10. Support beneficiary pays methodologies to
prevent taxes or fees, in particular those
imposed on SFPUC customers, to fund
infrastructure improvements and costs of
other water sources such as the Delta.
State
11. Advocate for financing or funding for water
conservation programs and recycled water
projects that meet end-use needs and conserve
potable water and oppose legislation that
would reduce such funding.
Regional,
State and
Federal
Page 4 of 11
Utilities Legislative Policy Guidelines for 2012
GAS
Goals
1. Preserve/enhance the ability of municipal utilities to develop their own demand side efficiency and
conservation programs, alternative gas supplies, and rate structure.
2. Support efforts to reduce greenhouse gas emissions and protect the environment.
3. Increase the security and reliability of the gas supply and transmission infrastructure. This includes
retaining access to intra- and interstate gas transmission systems to reliably serve customers.
4. Preserve just and reasonable utility rates/bills.
Legislative Policy Guidelines Venue Goals
1. Local
Authority
2.
Environ-
ment
3. Reliability
of
Infrastructure
4. Cost
Control
1. Advocate most of these goals mainly
through the American Public Gas
Association (APGA) with minor support
from Palo Alto staff.
Primarily
Federal with
minor advocacy
at State level
2. Work with Northern California Power
Agency (NCPA) and California Municipal
Utilities Association (CMUA) to the extent
that the City’s goals as a gas distributor
align with generators’ use of natural gas.
Federal and
State
3. Support increased production/incentives
for renewable gas supplies from in or out
of state.
Federal and
State
4. Advocate for financing or funding for cost-
effective natural gas efficiency and solar
water heating end uses.
Federal and
State
5. Support market transparency and efforts to
eliminate market manipulation through
reasonable oversight
Federal
6. Support municipal utilities’ ability to enter
into pre-pay transactions for gas supplies.
Federal
7. Support efforts to improve pipeline safety
in light of recent incidents on the PG&E
system and elsewhere. Work with partners
to discourage extension of CPUC
regulatory authority over municipal gas
operations. Oppose legislative proposals
resulting in unreasonable costs for Palo
Alto’s customers.
Federal and
State
Page 5 of 11
Utilities Legislative Policy Guidelines for 2012
ELECTRIC
Goals
1. Preserve/enhance the ability of municipal utilities to exercise local accountability and oversight over
matters impacting customer service, programs (such as demand side efficiency and conservation
programs), and rate structure.
2. Preserve/enhance the reliability and security of infrastructure.
3. Support legislation that makes bold progress in cost effectively reducing greenhouse gas emissions
and encourages early voluntary action.
4. Preserve just and reasonable utility rates/bills.
Legislative Policy Guidelines Venue Goals
1. Local
Accountability
2.
Reliability
3. GHG
Reduction
4. Cost
Control
1. Advocate goals through Northern California
Power Agency (NCPA), California Municipal
Utilities Association (CMUA), American Public
Power Association (APPA), Transmission
Agency of Northern California (TANC), and
Bay Area Municipal Transmission Group
(BAMx) with support from Palo Alto staff to
speak with a coordinated voice.
Federal
and State
2. Support NCPA’s legislative initiative to
streamline the state regulatory reporting
responsibilities, to eliminate duplicative data
and report submittals to multiple state regulatory
agencies, including the CEC, CARB, and the
California Independent System Operator
(CAISO).
State
3. Advocate for legislation/regulations that provide
local control and support for:
cost-effective clean distributed generation
and cogeneration projects, and standards for
connecting such resources to the local
distribution system;
cost-effective electric efficiency programs;
implementation of renewable portfolio
standards;
cost-effective storage integration;
direct access requirements;
smart meters and smart grid design and
implementation, and
public benefit funds (as allowed in AB1890
(1996)).
Federal
and State
Page 6 of 11
Utilities Legislative Policy Guidelines for 2012
1. Local
Accountability
2.
Reliability
3. GHG
Reduction
4. Cost
Control
4. Support cap-and-trade market designs that:
protect consumers from the exercise of
market power;
allocate allowances that help mitigate
impacts to Palo Alto customers while
providing incentives for utilities to move to
lower GHG emission portfolios;
provide flexible compliance mechanisms
such as banking & borrowing of allowances;
allocate funds generated from cap-and-trade
markets to GHG related activities, not as a
revenue source for state or federal general
funds.
Federal
and State
5. Support legislation for renewable portfolio
standards that:
promote the 33% goal for the state;
maintain local compliance authority;
allow utilities to pursue low cost alternatives
by utilizing existing transmission system to
access out-of-state resources, including use
of Renewable Energy Certificates (RECs);
prevent double jeopardy in the assessment of
penalties for non-compliance; and
restrict extension of CEC jurisdiction over
Publicly Owned Utilities.
Local and
State
6. Support/encourage transmission, generation, and
demand-reduction projects and solutions
including advocating for financing or funding
solutions/options for projects that:
enhance/ensure reliability;
ensure equitable cost allocation (including
protection against imposition of state-owned
electric contract costs on municipal utility
customers);
improve procurement flexibility (e.g.
resource adequacy rules that ensure
reliability and provide flexibility in meeting
operational requirements or flexibility in
meeting State renewable portfolio standards);
improve market transparency (particularly
transparency of IOU’s transmission and
procurement planning and implementation
activities); and
lower the environmental impact on the Bay
Area and the Peninsula.
Local,
State, and
Federal
Page 7 of 11
Utilities Legislative Policy Guidelines for 2012
1. Local
Accountability
2.
Reliability
3. GHG
Reduction
4. Cost
Control
7. Advocate for Congressional, legislative, or
administrative actions on matters impacting
costs or operations of the Western Area Power
Administration such as:
support of Congressional Field Hearings to
explore modernizing flood control strategies,
river regulation and generation strategies at
Central Valley Project (CVP) plants to
enhance generation, water delivery, flood
control and fisheries;
protection of the status of Western Power
Marketing Administration and cost-based
rates;
provisions for preference customers’ first
take at land available with economic
potential for wind farms; and
balancing efforts for competing
environmental improvements in rivers and
Delta conditions with water supply and
hydropower impacts.
Federal,
State and
Regional
8. Advocate for Congressional, legislative, or
administrative actions on matters relating to
overly burdensome reporting and compliance
requirements established by the North American
Reliability Corporation (NERC), the Federal
Energy Regulatory Commission (FERC) or the
Western Electricity Coordinating Council
(WECC).
Federal,
State and
Regional
9. Support fair and reasonable assessment of grid
reliability established by NERC, WECC, or
FERC and seek Congressional remedies (if
needed) for punitive application of fees and
fines.
Federal
and
Regional
10. Work with California Independent System
Operator (CAISO) or through FERC:
to give buyers of renewable intermittent
resources relief from imbalance penalties;
and
to promote financial and operational changes
that result in timely and accurate settlement
and billing.
Federal
and State
Page 8 of 11
Utilities Legislative Policy Guidelines for 2012
1. Local
Accountability
2.
Reliability
3. GHG
Reduction
4. Cost
Control
11. Monitor cyber security issues to ensure that
CPAU, which currently does not have critical
cyber assets, is not subject to NERC cyber
security standards and support NCPA to protect
it and its member agencies from unnecessary
cyber security regulations.
Federal
and
Regional
Page 9 of 11
Utilities Legislative Policy Guidelines for 2012
WASTEWATER COLLECTION
Goals
1. Increase the reliability of the local wastewater collection systems.
2. Maintain the provision of an environmentally sustainable, reliable high quality wastewater collection
service at a fair price.
3. Support ability of municipal utilities to develop and manage their own conservation and efficiency
programs and retain authority over ratemaking, including the imposition of non-volumetric customer
meter or infrastructure charges for wastewater collection service.
4. Support equal comparisons of wastewater collection systems by regulatory agencies in order to
minimize and reduce onerous, costly and time-intensive reporting requirements and improve value
and accuracy of information reported to the public.
Legislative Policy Guidelines Venue Goals
1. Reliable
infrastructure
2. Maintain
service
3. Local
Authority
4.Valuable
Reporting
1. Advocate goals through active
participation in the Association of Bay
Area Governments (ABAG).
Local,
Regional
& State
2. Advocate to ensure that legislative actions
regarding the comparison of wastewater
collections systems for future regulations
include the following requirements:
timely rebuilding of the local
wastewater systems;
maintains the quality of delivered
wastewater collection service;
minimizes any increase in the cost of
wastewater collection service;
creates no additional exposure to
more frequent or severe wastewater
overflows;
supports the existing wastewater
collections systems and their
operation.
Local,
Regional
& State
3. Support provision of sufficient resources
for ABAG to enable it to advocate for:
environmentally sustainable, reliable
wastewater collection service at a fair
price;
regional comparisons of wastewater
collection projects for future state
grant funding.
Local and
Regional
Page 10 of 11
Utilities Legislative Policy Guidelines for 2012
Page 11 of 11
1. Reliable
infrastructure
2. Maintain
service
3. Local
Authority
4.Valuable
Reporting
4. Support infrastructure security and
reliability including equitable allocation
of funds for increasing the security of
infrastructure.
Regional,
and State
5. Advocate for funding for wastewater
collections system projects that reduce
overflows and improve collection system
efficiency.
Regional,
State and
Federal
City of Palo Alto State Legislative Bills of Interest
Wednesday, May 02, 2012
Administrative Services Department
AB 1050 (Ma D) Telecommunications: prepaid mobile telephony services: taxes and fees.
AB 1191 (Huber D) Local government finance.
SB 89 (Committee on Budget and Fiscal Review) Vehicles: vehicle license fee and registration fee.
City Attorney's Office
AB 1275 (Torres D) California Public Records Act: exemption: emergency 911 telephone calls.
SB 1002 (Yee D) Public records: electronic format.
SB 1110 (Rubio D) Public records.
City Auditor's Office
SB 1336 (Yee D) Improper governmental activities: investigations: confidentiality.
Community Services Department
AB 1562 (Jeffries R) Fire prevention and suppression: county inmate fire crews.
Human Resources Department
AB 1203 (Mendoza D) Public employee organizations: members: paid leaves of absence.
AB 1551 (Torres D) Insurance: public safety employees: accidents.
AB 1808 (Williams D) Meyers-Milias-Brown Act: public employees.
AB 1831 (Dickinson D) Local government: hiring practices.
Planning and Community Environment
AB 57 (Beall D) Metropolitan Transportation Commission.
AB 1444 (Feuer D) Environmental quality: record of proceedings.
AB 1642 (Gordon D) County recorder: recordation of documents.
AB 1897 (Campos D) Land use: general plan: access to healthy food.
SB 1220 (DeSaulnier D) Housing Opportunity and Market Stabilization (HOMeS) Trust Fund Act of 2012.
Public Works Department
AB 1442 (Wieckowski D) Pharmaceutical waste.
AB 2231 (Fuentes D) Sidewalks: repairs.
SB 965 (Wright D) State Water Resources Control Board and California regional water quality control
boards: ex parte communications.
Rail
AB 1455 (Harkey R) High-speed rail.
AB 1574 (Galgiani D) High-speed rail.
SB 985 (La Malfa R) Transportation bonds.
SB 1189 (Hancock D) The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century:
project funding.
SB 1533 (Padilla D) Electricity: energy crisis litigation.
Utilities Department
AB 1514 (Lowenthal, Bonnie D) Excavations: subsurface installations: violations.
AB 1532 (John A. Pérez D) California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction
Account.
AB 1711 (Galgiani D) Energy resources: energy savings program.
AB 1750 (Solorio D) Rainwater Capture Act of 2012.
AB 1771 (Valadao R) Renewable energy resources: hydroelectric generation.
AB 1868 (Pan D) Renewable energy resources.
AB 1900 (Gatto D) Renewable energy resources: biomethane.
AB 1906 (Nestande R) California Global Warming Solutions Act of 2006: market-based compliance
mechanisms: utilities.
AB 2117 (Gorell R) Waste discharge requirements: stormwater.
AB 2167 (Hill D) Bay Area Water Supply and Conservation Agency: financial matters.
AB 2196 (Chesbro D) Renewable energy resources.
AB 2227 (Bradford D) Local publicly owned electric utilities: State Energy Resources Conservation and
Development Commission: reporting.
AB 2234 (Hill D) Electricity net energy metering.
AB 2249 (Buchanan D) Solar Water Heating and Efficiency Act of 2007.
AB 2390 (Chesbro D) Electricity: biomass: incentive programs.
AB 2398 (Hueso D) Water recycling.
AB 2404 (Fuentes D) California Global Warming Solutions Act of 2006: Local Emission Reduction
Program.
AB 2516 (Bradford D) Independent System Operator.
AB 2556 (Allen D) Electrical lines: trimming of trees.
AB 2559 (Buchanan D) Natural gas pipelines: pipeline integrity management.
AB 2644 (Butler D) Building standards: electric vehicle charging stations.
SB 594 (Wolk D) Energy: net energy metering.
SB 971 (Cannella R) Renewable energy resources.
SB 1130 (De León D) Energy: energy assessment: commercial buildings: retrofitting.
SB 1268 (Pavley D) Energy: energy conservation assistance.
SB 1496 (Simitian D) Energy: State Energy Resources Conservation and Development Commission:
natural gas.
SB 1572 (Pavley D) California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Account.
Page 1 / 2
City of Palo Alto State Legislative Bills of Interest Wednesday, May 02, 2012 Administrative Services DepartmentAB 1050 (Ma D) Telecommunications: prepaid mobile telephony services: taxes and fees.AB 1191 (Huber D) Local government finance.SB 89 (Committee on Budget and Fiscal Review) Vehicles: vehicle license fee and registration fee. City Attorney's OfficeAB 1275 (Torres D) California Public Records Act: exemption: emergency 911 telephone calls.SB 1002 (Yee D) Public records: electronic format.SB 1110 (Rubio D) Public records. City Auditor's OfficeSB 1336 (Yee D) Improper governmental activities: investigations: confidentiality. Community Services DepartmentAB 1562 (Jeffries R) Fire prevention and suppression: county inmate fire crews. Human Resources DepartmentAB 1203 (Mendoza D) Public employee organizations: members: paid leaves of absence.AB 1551 (Torres D) Insurance: public safety employees: accidents.AB 1808 (Williams D) Meyers-Milias-Brown Act: public employees.AB 1831 (Dickinson D) Local government: hiring practices. Planning and Community EnvironmentAB 57 (Beall D) Metropolitan Transportation Commission.AB 1444 (Feuer D) Environmental quality: record of proceedings.AB 1642 (Gordon D) County recorder: recordation of documents.AB 1897 (Campos D) Land use: general plan: access to healthy food.SB 1220 (DeSaulnier D) Housing Opportunity and Market Stabilization (HOMeS) Trust Fund Act of 2012. Public Works DepartmentAB 1442 (Wieckowski D) Pharmaceutical waste.AB 2231 (Fuentes D) Sidewalks: repairs.SB 965 (Wright D) State Water Resources Control Board and California regional water quality control boards: ex parte communications. RailAB 1455 (Harkey R) High-speed rail.AB 1574 (Galgiani D) High-speed rail.SB 985 (La Malfa R) Transportation bonds.SB 1189 (Hancock D) The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century: project funding.SB 1533 (Padilla D) Electricity: energy crisis litigation. Utilities Department
AB 1514 (Lowenthal, Bonnie D) Excavations: subsurface installations: violations.
AB 1532 (John A. Pérez D) California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction
Account.
AB 1711 (Galgiani D) Energy resources: energy savings program.
AB 1750 (Solorio D) Rainwater Capture Act of 2012.
AB 1771 (Valadao R) Renewable energy resources: hydroelectric generation.
AB 1868 (Pan D) Renewable energy resources.
AB 1900 (Gatto D) Renewable energy resources: biomethane.
AB 1906 (Nestande R) California Global Warming Solutions Act of 2006: market-based compliance
mechanisms: utilities.
AB 2117 (Gorell R) Waste discharge requirements: stormwater.
AB 2167 (Hill D) Bay Area Water Supply and Conservation Agency: financial matters.
AB 2196 (Chesbro D) Renewable energy resources.
AB 2227 (Bradford D) Local publicly owned electric utilities: State Energy Resources Conservation and
Development Commission: reporting.
AB 2234 (Hill D) Electricity net energy metering.
AB 2249 (Buchanan D) Solar Water Heating and Efficiency Act of 2007.
AB 2390 (Chesbro D) Electricity: biomass: incentive programs.
AB 2398 (Hueso D) Water recycling.
AB 2404 (Fuentes D) California Global Warming Solutions Act of 2006: Local Emission Reduction
Program.
AB 2516 (Bradford D) Independent System Operator.
AB 2556 (Allen D) Electrical lines: trimming of trees.
AB 2559 (Buchanan D) Natural gas pipelines: pipeline integrity management.
AB 2644 (Butler D) Building standards: electric vehicle charging stations.
SB 594 (Wolk D) Energy: net energy metering.
SB 971 (Cannella R) Renewable energy resources.
SB 1130 (De León D) Energy: energy assessment: commercial buildings: retrofitting.
SB 1268 (Pavley D) Energy: energy conservation assistance.
SB 1496 (Simitian D) Energy: State Energy Resources Conservation and Development Commission:
natural gas.
SB 1572 (Pavley D) California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Account.
Page 2 / 2