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HomeMy Public PortalAbout07) 7D League of California Cities Annual Conference ResolutionsDATE : TO : FROM: MANAGEMENT SERVICES DEPARTMENT Septe mbe r 17 , 20 19 T he Honorable City Council Brya n Coo k , City Ma na ger By: Pegg y Kuo , City Cle rk MEMORANDUM AGENDA ITEM 7 .0. SUBJECT : LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLUTIONS RECOMMENDATION: The City Co uncil is requeste d to receive and file the League of California Cities (Lea gue) ann ual res olution and app ro v e the voting delegate and voting alternate to use t heir discretion to vote on the p roposed resol utions . BACKGROUND : 1. On April 16, 201 9 , City Council d esignated Mayor ProTem Chavez as the voting d elegate a nd Coun ci lm e mb e r Man as th e voting alternate for the League 's Annual Business Meet ing . 2 . On Septembe r 3 , 2019, the City received an ema i l with a copy of the League of California Ci ti es An n ual Con ference Resolutions Pa cket. ANALYSIS : At it s ann ual bus iness mee t ing, th e Leag ue adopts po li cy resolutio ns on issues of statewide importa nce that have direct bearing on municipal affairs and are of broad municipal interest. T he League 's primary means for developing policy is through their sta nd ing policy com m ittees and Boa rd of Directors . Additionally , any city , elected or appo inted city official, o r Leag ue Di vi s io n , Department, or Policy Committee may submit a resolution sixty days before t he bus iness meeting . T h is yea r's Ge ne ral Assembly and business meeting will be held during the annual City Council September 4 , 2018 Page 2 of 3 conference on Friday, October 18 , in Long Beach . The City Council has appointed Mayor Pro Tern Chavez as the City's voting delegate and Councilmember Man as the voting alternate . During th e conference , the respective League Policy Committees and General Resolutions Comm ittee will consider making recommendations on one Resolution before they are voted on by the delegates in General Assembly. Below is a brief summary of the resolutions : 1. A Reso lution of the League of California Cities calling on the Californ ia Public Utilit ies Commission to amend Rul e 20A to add projects in very high fire hazard severity zones to the list of eligibility criteria ad to increase funding allocations for Rule 20A projects. Submitted by City of Rancho Palos Verdes This Reso lution , in response to intensifying fire seasons and hazards associated with exposed energized utility lines , proposes that the League of California Cities (League) call upon the California Public Utilities Commission (C PUC) to amend the Rule 20A program by expanding the criteria for undergrounding overhead utilities to include projects in Very H igh Fire Hazard Severity Zones (VHFHSZ). This Resolution also proposes that the League call upon the CPUC to increase uti litie s' fund ing allocations for Rule 20A projects . The City of Rancho Palos Verdes is sponsoring this resolution because it is the most populated California city to have 90 percent or more of residents living in a Cal Fire- designated Very High Fire Hazard Severity Zone. Over the years , the Palos Verdes Peninsula has seen numerous brush fires that were determined to be caused by electrical utility equipment. 2 . A Resolution calling upon the federal and state governments to address the devastating impacts of i nternational transboundary pollution flows into the southernmost regions of California and the Pacific Ocean . Submitted by San Diego County Division This Resolution states that the League of California Cities should call upon the State and Federal governments to restore and ensure proper funding for the U .S . - Mexico Border Water Infrastructure Program (BWIP ) and work bi-nationally to address water quality issues resulting from transboundary flows from Mexico's Tijuana River into the United States containing untreated sewage , polluted sediment , and trash . The League of California C ities' San Diego Co unty Division is sponsoring this resolution to address their concerns over the contaminated flows from the T ij uana R iver into California that have resulted in the degradation of water qual ity and water recreat ional areas in Southern California . City Coun cil September 4 , 20 18 Page 3 of 3 Staff recommends City Counc il receive and file the League's proposed resolut ion and approve the voting delegate and voting alternate to use their discretion to vote on the proposed resolution . The League 's Annual Conference Resolution Packet is attached (Attachment "A "). CITY STRATEGIC GOALS: Receiv ing and filing the Le ague 's proposed reso lution and approving the voting delegate and voting alternate to use their discretion to vote on the proposed resolution will promote the City Strategic Goals of Good Governance . FISCAL IMPACT: There is no fiscal impact to th e current Fisc al Year (FY) 2019-20 City Budget. ATTACHMENT: A. Leag ue of Ca lifornia Cities Resolution Packet Annual Conference Resolutions Packet ATTACHMENT A 2019 Annual Conference Resolutions Long Beach, California October 16-18, 2019 INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET : The League by laws prov id e that reso lu ti o ns sha ll be ref e rred by the pres id e nt to an appropriate p o li cy com mittee for re view and recommend ation. Reso lu tions w ith committee recommendations sha ll th en be cons idered by the General Resolutions Comm ittee at th e A nnu a l Confere nce. T hi s year, two reso lu t io ns have been int ro du ced for considerati o n a t th e Annual Co nfe rence an d refer red to League p o li cy committees. POLICY COMMITTEES: Two po licy committees w il l meet at th e A nnua l Conference to consider a nd take action o n th e reso lu t ions referred to them. The committees are: E nv iro nm e nta l Qua li ty and Transportatio n, Communicati o n & P ubli c Works. T he committees w ill mee t fro m 9:00 -1 1:00 a.m . on Wednesday, October 16, at the H ya tt Regency Long Beach. The sponsors of th e resolu tions have been notified of the tim e and locatio n of the meeting . GENERAL RESOLUTIONS COMMITTEE: Th is com mittee w ill meet at I :00 p .m. o n Thursday, Octo ber 17, at the H yatt Regency Long Beac h, to cons ider the repo rts of the p o licy committees re ga rding the reso luti o ns. This committee in cludes o ne represe ntative from each of the League 's re g io nal di vis io ns, f un c ti o na l d epartm e nts a nd standi ng po li cy comm ittees, as wel l as o ther individuals appo inted by th e Leagu e presid e nt. P lease check in at th e registratio n d esk for r oom location. ANNUAL LUNCHEON/BUSINESS MEETING/GENERAL ASSEMBLY : Th is meeting w ill be held at 12:30 p.m . on Friday, October 18, at the Lo ng Beach Convention Center. PETITIO E D RESOLUTIONS : For those issue s that develop after the no rm a l 60-day deadl ine, a resolution may be introduced a t t he Annual Confe re nce with a petition s igned by d es ig nated voti ng delegates of 10 percent of a ll membe r ci ties (48 va lid s ig nature s required) and pre sented to t he Voti ng De legates D esk at least 24 ho urs pri o r to th e tim e set fo r co n ven in g th e A nnual Busi ness Meetin g of the Genera l Assembl y. This year, that d eadline is 12:30 p.m., T hursday, October 17. Reso lu tions can be v iewed o n th e League's W e b s ite: www.cacities.org/reso lu ti ons. Any questions concerni ng the reso luti o ns procedures may be d irected to Carty Shelby cshe lby@cacitie s.o rg 9 16 -658-8279 o r N ick R o m o nromo@cacities.org 916-658-8 232 at th e League office. 1 GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS P o li cy d evel opm e nt is a v ita l a nd o ngo in g pro cess wi thin th e Le a gue . The prin c ipal means fo r d eciding po licy o n the impo rta nt iss ues facin g cities is thro ug h th e Le ague's seve n stand ing po li cy committees and th e board of di rectors. Th e pro cess a ll ows fo r t im e ly cons id erat io n o f issues in a chan g in g env iro nm e nt and ass ures c ity o ffic ia ls th e o ppo rtuni ty to bo th ini t iate a nd influe nce po li cy deci s ion s. Annual confe re nce resoluti o ns cons ti t ute an additi ona l wa y to develo p League pol icy. Re sol utions sho uld adhere to the fo ll o w ing crite ria . Guidelines for A nnual Co nfere nce Resoluti ons 1. Only issues that h av e a d irect bearin g o n municipa l affairs sh o uld be cons id e red o r adop ted at th e A nnu a l Confe re nce. 2. The issue is not of a pure ly local o r regio nal concern . 3 . The recommended po li cy s ho uld no t s impl y restate existing League po licy. 4 . The reso lu t io n s ho uld be direc te d at achi e ving o ne of th e fo ll o w in g o bjecti ves : (a) Focus public o r medi a a tte nti o n o n an iss ue of m aj o r importance to cities . (b) Esta bl ish a new directi o n for L e a g ue po li cy by establ ishin g g ene ral pri ncipl es a ro und which mo re deta il ed po l icies may be de ve lo ped by po licy committees and the board o f directo rs . (c) Cons ider impo rtant iss ues n o t ad equate ly addressed by th e po li cy co mmittees a nd bo ard of directo rs . (d ) Amend th e League by laws (requ ires 2 /3 vo te at General Asse m bly). 2 LOCATION OF MEETINGS Policy Committee Meetings Wednes day, October I 6 , 9:00 -I I :00 a .m. Hya tt Regency Long Beach 200 So uth Pine A venu e, Long Beach The following committees will be meeting: 1. E nv iro nmental Qual ity I 0:00 -II :00 a .m . 2. Tran s portation, Communication & Public Works 9:00-10 :00 a.m. General R eso lutions Committee Thursday, October 17 , I :00 p.m. Hyatt Regency Long Beach 200 South Pine A venu e, Long B each Annual Business Meeting and General Assembly Luncheon Friday, October 18 , 12:30 p .m. Long B each Conve ntion Center 300 East O cean Boulevard , Long Beac h 3 KEY TO ACTIONS TAKE 0 RE OLUTION Reso luti o ns ha v e been g r o upe d by po li cy committees to w hich they have been ass ig ned . Numbe r Key Wo rd Ind ex Revi e w in g Bo d y Ac ti o n I -Po licy Commi ttee Recom mendati o n to G ene ra l Reso lutio ns Comm ittee 2 -General R esoluti o ns Committee 3 -G enera l Assembl y ENVIRONMENTAL QUALITY POLICY COMMITTEE I A mendment to Rul e 20 A f ntern ational T ran sbounda Po lluti on F lo ws 3 TRAN PORTATION, COMMUNICATION & PUBLIC WORKS POLICY COMMI TTEE I 2 3 I Amendment to Rul e 20A Info rm ation perta inin g to th e Ann ua l Co nfe re nce Res o lu t io ns wi ll a lso be po s ted o n each commi ttee's page o n the League webs ite: www.cacities.org. T he ent ire Re so luti o ns Pa cket is posted a t : www.cacities.org/resolutions . 4 KEY TO ACTIONS TAKEN ON RESOLUTIONS (Con tinued) Resolutions have been grouped by policy comm ittees to wh ich they have bee n assigned. KEY TO REVIEWING BODIES I . Policy Committee 2. General Resolut ions Committee 3. General Assemb ly ACTION F OOTNOTES * Subject matter covered in another resolution ** Existing League poli cy *** Local authority presentl y exists Procedural Note: KEY TO ACTIONS TAKEN A Approve D Disapprove N No Action R Refer to appropriate pol icy comm ittee for study a Amend+ Aa Approve as amended+ Aaa Approve with additional amendment(s)+ R a Refer as amended to a ppropriate policy committee for study+ Raa Add iti onal amendments and refer+ Da Amend (for clarity or brevity) and Disapprove+ Na Amend (for clarity or brevity) and t ake No Acti o n+ W Withdrawn by Sponso r The League of Californ ia C iti es resolution process a t the Annual Conference is guided by League B ylaws. A he lpfu l explanation of th is process can be fou nd on the Leag ue's website by c li cking o n th is link: G u ide lines for the A nn ua l Conference Reso luti o ns Process. 5 ----- A League of Ca liforni a Cities Resolution Process Policy Committee Action REGULAR RESOLUTIONS A Gene ral Reso lu tions Co mmittee Actio n Calend ar Consent Ca le nd ar ' Di sapprove o r R efer Di sap prove or Refer D oes no t proceed to Genera l Assembl Policy Committee Action PETITION RESOLUTIONS Gene ral R eso lut io ns Com mittee Actio n Calendar No t I-Ieard i n P o li c Co mmittee Consent Ca le ndar l o t H eard in P o lic Committee l o t Heard in P olicy Committee Disqu a li fi e d per B ylaws Art. V I Reaular Ca le nd ar D oes not proceed to Genera l Assemb l Resolu tions • Submitte d 60 d ays prio r to conference Bylaws Article VI, Sec. 4 (a) • S ig natures of at least 5 s upp01tin g c ities o r c ity o ffi c ia ls s ubmitted with th e pro posed reso lu ti o n By laws Art icle VI, Sec. 2 • Ass ig ned to po li cy co mmi ttee(s) by League pres id e nt Bylaws A rticle VI, Sec. 4(b)(i) • Heard in policy committee(s) a nd report reco m mend atio n, if a ny, t o G R C Bylaws Article VI, Sec. 4(b)(ii) • Heard in GRC • Approved by po li cy co m mittee(s) and G R C, goes o n to Genera l Assembly on consen t calendar 2006 General Assembly Resolution Sec. 2(C) • If am ended /a pproved by a ll po lic y committee(s) to w hi c h it has been referred and d isa pproved b y GR C, the n goes o n to Gene ra l A ssembl y o n th e regul ar ca le nd ar. If no t a ll po licy committees to w hi c h it has been referred recomm e nd ame ndm e nt o r a pprova l, a nd the GRC d isapproves o r refers th e reso lut io n, th e reso lution does no t m ove to th e Genera l Assemb ly 2006 General Assembly Resolution Sec. 2(A).(C); 1998 General Assembly R esolution, i s' Resolved C lause • If d isapproved by a ll po l icy comm ittees to w hi ch it has been referred a nd di sapproved by t he GRC, reso lutio n d oes not m ove to the General Assem bl y 2006 General Assembly Reso lut ion Sec. 2(C) • Heard in G enera l Asse mbl y 1 The consen t cale ndar should on ly b e used for resol utions where there is una ni mi t y between t he policy committees and the GRC t hat a resolution shoul d be approved by the Gene r al Assembly, and therefore, it can be conclu ded that there will be less desire to debate the resolution on the floor. 2 The regular calendar is for resolutions for which there is a difference in r ecommendations between the policy comm ittees and the GRC. 6 Petitioned R esoluti o ns • Su bmitted by votin g de legate Bylaws Article VI, Sec. 5 (a) • M ust be signe d by votin g de legate s rep rese ntin g l 0% of t he member c it ies Bylaws Article VI, S ec. 5 (c) • Signatures confirmed b y Leag ue staff • Submitted to th e League pres id ent for confirmation 24 h o urs be f o re th e beginning of the Genera l Assembl y. Bylaws Article VI, Sec. 5 (d) • Pe t iti o n to be reviewed by Parli amentarian fo r required signatures of votin g delegates and for form and substance Bylaws Article VI, Sec. 5(e) • Parliame ntarian 's re po rt is presented to chair ofGRC • Will be heard at GRC for act io n (G R C cann ot am e nd but may recommend by a m ajority vo te to the GA techn ical o r clarifying a me ndments) 2 006 Ge neral Assembly Resolution sec. 6(A), (B) • GRC may di squalify if: • Non-germa ne to c it y issues • Identica l o r s ubstanti ally s imi lar in s ubstance to a re solu tion a lread y und e r cons ideration Bylaws Article VI, Sec. 5(e), (f) • Heard in General Assembl y • General A ssembly will co nsider th e reso luti on followi ng the o th e r reso luti o ns 3 By laws Article VI, Sec. 5 (g) • Substantive amendments th at chan ge the intent of th e petiti o ned res o luti o n m ay o nl y be adopted by th e GA 2006 General Assembly Reso lution sec. 6(C) Vo ting P rocedure in th e Genera l Assembly Consent Cale ndar: Resolu ti o n approved by Po l ic y Committee(s) and G R C. Pe titi o ned reso luti o n approved by G R C) • GRC Chair wi ll be asked to g iv e th e report fro m the G R C and will as k for adoption of th e GRC 's recommendatio ns • Ask de legates if th ere is a des ire to call out a resol uti o n fo r di scuss io n • A voting delegate may make a motio n to rem ove a resolution fro m the consent cale ndar for di s cu ss ion • If a motio n is made to pull a re so luti o n, the Genera l A ssembly votes on w hether to pu ll the resolu t io n from th e consent calend a r. • If a maj o r ity of th e General A ssemb ly v o tes to pull the reso luti o n , set "called o ut" re s o(s) aside. If the motion fail s , th e resolution remain s o n the conse nt cal e ndar. • If reso(s) not ca ll ed o ut, o r after 'ca ll ed o ut' reso is set as id e, th e n as k for vote o n remainin g resos left o n consent • Move o n t o d e bate o n reso(s) ca ll e d out • After d e bate , a vote is taken • Voting de leg ates vote o n resolutions by rai s in g their vo ting card s.4 3 Petit ioned Resolutions on the Con sent Calenda r will be placed after all General Re so lutions on the Con sen t Calendar. Petitioned Re solutions on the Regular Ca len d ar w ill b e placed after all General Resolutions on the Regular Calendar. 4 Amendments to League bylaws requ ire 2/3 vote 7 Regular Calendar: Regular resol utions a pproved by P ol icy Co mm ittee(s)5 , and G R C recommends di sapprova l o r referral ; Regul a r reso luti ons di sapprove d or referred by Po li cy Committee(s)6 a nd G R C a pproves; P etiti o ned reso luti o ns d isapproved o r re ferred b y the G R C. • • • • Ope n th e fl oo r to dete rmine if a vo tin g d e legate wi s hes to d e ba te a reso luti o n o n th e regula r cale nd a r. If no vo t ing d e legate req uests a d e bate o n th e reso luti o n, a vote to ra ti fy th e reco mme nd a ti o n of th e G R C o n th e reso lu t io n is ta ken. Upon a motio n by a vot in g de legate to d ebate a reso luti o n, a d e ba te s ha ll be held if a p proved by a maj o rity vo te of the Genera l Assemb ly. If a m aj or ity ofthe General Assemb ly to debate the reso lutio n is no t achi eved , the n a vote s h a ll be take n o n w hethe r to ra ti fy the G R C's recomme nd a ti o n . If a major ity of the Gene ra l Assembl y a pproves of th e mo ti on to d ebate th e reso luti o n , debate w ill occur. A fter d e ba te o n th e reso lu ti o n, a vote is ta ke n based upo n the s u bstitute motion th at w as m a d e, if an y, o r o n t he question of ra t ify in g th e GR C's reco mmendati o n. Vo tin g d e legates vo te by ra is in g their vot ing card s . 5 Applies in t h e instance w here th e GRC recommen dation of disapproval or re f er is counter to the r ecommendations of the policy committees. 6 Applies in th e instance where the GRC recommendation to approve is counter to the recommen dations of the policy committees . 8 1. RESOLUTION O F THE LEAGUE OF CALI F ORNIA CITIES CALLING O N THE CALIFORNIA PUBLIC UTILITIES C OMMISSION T O AMEND R ULE 20A TO ADD PROJECTS I N VE RY IDGH FIRE HAZARD SEVERITY ZONES TO THE LIST OF ELIGIBILITY CRITERIA AND TO INCREASE FUNDING ALLOCATIONS FOR R ULE 20A PROJECTS Source: City of Ranc ho Pa los Verdes Concurren ce of five o r m ore cities/city officia ls C iti es: C ity of Hidden H ills, City of La Canad a Flintridge, C ity of Lag una Beach, C ity of Lakeport, City of Malibu, City of Moorpa rk, C ity of evada C ity, City of Palos Verdes Estates, C ity of Rolli ng Hil ls Estates, City of R o llin g Hil ls , City of Ventura Referred to : Environmental Q ual ity Po licy Committee; T rans portatio n , Communi catio n s, and Public W orks P o licy Committee WHEREAS , the California Publ ic Uti lities Com mi ss ion regulates the unde rground ing conversion of overh ead utilities under E lectric Tariff Rule 2 0 and ; WHEREAS , con version projects d eem ed to have a publi c be nefit are el igib le to be f und ed b y ratepayers under Ru le 20A; a nd WHEREAS , the crite ri a und e r Ru le 20A large ly restricts el ig ible proj ects to those alo ng s tree ts with hi gh vo lumes o f publ ic traffic; a nd WHEREAS , th e cos t of undergro undin g p rojects that d o not meet Rule 20A criteria is left mostly or entirely to property owne rs under other parts of Rule 20; and WHEREAS , California is experie ncing fire seaso ns of worsening severity; and WHEREAS , un dergroundin g overh ead util itie s that can spark brus h fire s is an important too l in preventin g t he m a nd offers a publ ic benefit; a nd WHEREAS , brus h fire s are n ot restri cted to start i ng near streets w ith hi g h volumes of public traffic; and WHEREAS , exp anding Rule 20A c rite ri a to include Very High Fire H azard everity Zones would facilitate un dergrounding proj ects th at would he lp prevent fires; and WHEREAS , expan ding Rule 20A criteria as d escribed above a nd increas in g fund in g a llocatio ns fo r Rule 20A p rojects wo uld lead to more undergro unding in Very Hig h Fire Hazard Severity Zones; and now th e refo re le t it b e , RESOLVED th at th e League of Ca l ifornia C ities cal ls o n th e Cali fo rni a Publi c Util iti es Com mi ss ion to amend Rul e 20A to include projects in Very H igh F ire Hazard everity Zones to the I ist of cri teria for e ligibility and to in crease funding a ll ocation s fo r Rule 20A projects . 9 Background Information on R eso lution N o . 1 Sou rce: C ity of Ra nc ho Pa los Verdes Background: Ranc ho P a los Verdes is th e m ost po pu lated Cal ifo rn ia c ity to have 90 percent o r more of res id ents living in a Cal Fire-desi g nated Very Hi g h Fire Hazard Severi ty Zone. Over the yea rs , th e P alos Verdes Penins ul a has see n num e ro us brus h fires that were determined to be caused by e lectrical utili ty equipm e nt. Across th e s tate, som e of the most destructi ve a nd deadly w ildfires were s parked by power equipme nt. B ut w he n it comes to undergro unding overh ead uti liti es, fire safety is not taken into acco un t wh e n cons iderin g us in g ratepaye r fund s to pay for these proj ects und e r Ca li forn ia's E lectric Tariff Ru le 2 0 program. The progra m was la rgely intended to address v is ual b light w he n it was implemented in 1967. Under Ru le 2 0A, uti lities mus t a ll ocate ratepayer fu nd s to und erground in g convers ion projects ch osen by local governm ents that have a public benefi t and m eet one or mo re of th e fo ll owing c rite ri a: • Eliminate a n unus ua ll y heavy conc entratio n of overhead li nes; • Involve a street or road with a hi g h vo lum e of public traffic; • B e nefit a civ ic o r pub li c recreat io n a rea o r area of unu s ua l scenic interest; and , • B e li sted as a n arteria l street o r m aj or co ll ector a s defined in the Gove rn o r's Office of Pl a nning and Research (OPR) G uid e lin es. As we know, brush fires are no t restricted t o erupting in these li mited areas. Cal ifornia's fire season has worsen ed in severity in recent years, claiming doze ns of li ves a nd destro ying tens of th o usands of stru ctures in 2018 a lone. Exc ludin g fire safety fro m Rul e 20A e lig ibility criter ia puts th e task of undergrounding power lines in Very H ig h F ire H azard Severity Zo n es squarely o n pro perty owners who are proactive, w illin g and a ble to foot t he bill. T he propos ed reso lutio n call s o n the Ca lifo rni a Public Utilities Commi ssion to amend Rule 20A to in cl ude proj ects in V ery High F ire H azard Severity Zones to the li st of criteria for eligibility. To fac ili tate more unde rgro un ding projects in these h ig h-ris k zones, the prop osed reso l ution a lso call s on the C P UC to increase funding a ll ocations for Ru le 2 0A projects. l f adopted , utilities w ill be in centi vized to pri o ri tize undergro unding projects th at coul d po tenti a ll y save mi lli o ns o f d o ll a rs and m a ny li ves . 10 League o f California C iti es S t aff Ana ly s is on Resolution No. 1 Staff: Ro ny Berdu go, Legis la tiv e Re present ativ e, Derek D o tti e, Legis la tive R epresenta ti ve, Caro lin e C irrinc io ne, Legis la tive P o li cy A na lys t Co mmittees : E nv iro nm enta l Qual ity; T r a ns po rtati o n, Communicati o ns, a nd Public Wo rks S umma ry: T h is Resolutio n, in respo nse to inte nsi fyin g fire sea sons a nd hazard s a s so ci ated with ex posed energ ized ut i lity l in es, pro p os es th a t the Leag ue of Ca lifo rn ia Citi es (League) ca ll up o n th e Cal ifo rn ia Public U ti l iti e s Commiss io n (C PUC) to am e nd th e Rule 20A p rogra m by expandi ng the c ri teri a for und e rg roundi ng overh ead util iti es to inc lu de proj ects in V e ry Hig h F ire Hazard S e verity Zo nes (VHF HSZ ). T hi s R eso luti o n a lso proposes that the League ca ll upo n th e CPUC to in crease utili t ies' fund in g a ll ocati o ns for Rule 2 0A proj ects. Background Ca lifornia Wildfires a nd U tiliti es Over th e la s t severa l years, the increas ing severi ty a nd f reque ncy of Ca li fo rnia 's wildfi res have pro mpted s tate and lo cal governme n ts to seek urgent prevent io n a nd miti gati o n acti o ns. R eco rd breakin g w il dfires in Northe rn a nd So uth e rn Ca li fo rni a in bo th 2 01 7 a nd 2 018 have cau sed des tru c ti o n and loss o f li fe . Th is severe fire tre nd ha s lo cal o ffici a ls s eekin g so lu ti o ns to co m bat what is now a yea r-round fi re season exacerb a ted by yea rs of dro ug ht, inte nse weather pattern s, unta med vegetati o n and g lo bal warmi ng. These co nd it io ns create a d angero us cata lyst f or w ildfires caused by uti l it ies a s ex treme wi nd and w eath e r events ma k e d o wn e d p ower lin es more o f a r isk. In respo nse to recent catastro phic w ildfire s, Govern o r N ewsom esta bli sh ed a Stri ke Fo rce tasked w it h develo pi ng a "co mprehens ive roadmap" to add ress is s ue s re la ted to w ildfires, c lima te c ha nge, and uti lities . T he S trike Force repo rt acknowle d ges that meas ures to harde n th e e lectrica l g rid are criti ca l to wi ld fire ri sk management. A key utility hardenin g s trategy : underg ro und in g line s in extre me hi g h-fire areas . Govern o r ews o m 's Wi ld fire Str ike Fo rce p rogram repo rt conc lud es, "It's no t a question of .. if' wildfire w ill s trike, but "wh e n." Very High F ire Hazard Severi ty Zones Thi s R eso luti o n seeks to ex p a nd the underg ro und ing o f ove rh ead utili ty lin es in VHFHSZ. C ali fo rni a Governme nt Code Section 5 11 78 require s the Dire cto r o f t he Califo rn ia De p artment o f F o restry a nd F ire Pro tecti o n (Ca lF IRE) to id e nti fy a reas in th e sta te as VHFHSZ based o n th e po te ntial fire h azard in th o se a reas . VHFHSZ are d e termined based on fuel load ing , s lop e, fire weath e r, a nd o th er re levant fac to rs . Th ese zones are in both local res po ns ibil ity a reas and state re s po ns ib ili ty a reas . Maps o f t he s tatewide a nd coun ty b y co un ty VHFH S Z can be fo und here .1 1 https:ijosfm .fire.ca .gov/divi sions/wildfire-preventi on-p lan ning-engineering/wild land-hazards-building-cod es/f ire-hazard- severi ty-zones-maps/ 11 L __ _ More than 25 mil l io n acres of Cali fo rn ia w il d lands are class ified under very high or extreme fire threat. Approx imate ly 25 percent of the state's po pulatio n, I I mi lli o n peo pl e, live in th ose hi g h - risk areas. Additio na ll y, over 3 50,000 C a li fornian s li ve in c iti es that are nearly encompassed with in Cal Fire's maps ofVHFHSZ. S imi lar to th e pro po nents of thi s R eso lutio n, City of Ran cho Pal os Verdes, over 75 communities h ave 90 percent o r more of residents living in a VHFH Z. CPUC Rul e 20 Prog ra m T he CPUC's R ul e 2 0 program lays o ut th e g uid e li nes and p roced ures fo r con vett ing overhead e lectric and t e lecomm u nicati o n fac i lit ies to un d e rg ro und electric fa c ilities. Ru le 20 fundin g and criteria is provided at four level s. Levels A , B, a nd C , refl ect progressive ly dimin ishing ratepayer fu nding fo r undergroundi ng proj ects. Recen t ly added Rul e 2 0D is a re lative ly new program th at is specific to San D iego Gas and E lectric (SDG&E), w h ich was created in response to the destructiv e 2 007 w il d fi re s . Each of these leve ls w il l be di scussed bel ow: Rule 20 A The fi rst Ca liforn ia overhead conve rs io n program , Ru le 20A, was created in 1967 under th en Governor Rona ld Reagan . The pro g ram was created to prov ide a cons is tent and str uctured mean s of undergro und ing ut i lity l ines thro ug hout t he state w ith cos ts covered broad ly by uti lity ratepayers. Each year, Investor Own ed Uti li ties (IOUs) propos e t he ir Ru le 20A a ll ocation amounts to the CPUC during annua l genera l rate case proceedin gs. In thi s pro cess, IO Us propose rev ised utility cust o mer ra tes based o n expected serv ice costs, new energy procure ment and p rojects for the fo ll owing year, includi n g Rule 20 a ll ocations . The C PUC the n rev iews, amends, and a pproves IOU rates . C urrentl y, the cumulative budgeted am o unt for Ru le 20A f or Pacific Gas and E lectric (PG&E), S o uthern Ca li fornia Edison (SCE), and San Diego Gas and E lectric (SDG&E) total s arou nd $95.7 mi lli o n . Th e fundin g s et a s ide by TO Us fo r Rule 20A is all ocate d to local governm e nts thro ug h a c re dit system, with each credit holding a va l ue to be used so lely for the cos ts of an undergr o unding proj ect. The c red i t syste m was created so th at local gove rn ments and IOUs can compl e te und erg ro unding project s without munic ipa l financin g. Through Rule 20A, municipa liti es th a t have devel o ped a nd rece ived city co uncil approval for an undergro unding plan receive annual c redits fro m the I O U in th eir service area . At th e last count by the C PUC, over 500 loca l governments (cit ies and counties) participate in th e cred it s ystem. W hil e th ese c red its have no inherent m o netary va lu e, th ey can be traded in o r banked for the conversi on o f overhead li ne s. Municipa li t ies can ch oose to accumulate their cred its until th eir cred it balan ce is s uffic ient to cover the se conve rs io n projects, o r choose to borrow future und e rg round in g al locatio ns for a pe r iod of up to five years . O nc e th e c umul ative balance of cred its is sufficient to cover th e cost o f a co nve rs io n project, the municipality and the util ity can move forward with the u nd e rgrou ndin g . All of th e pl a nning, des ign and constructio n is perfo rmed by the p artic ipatin g utility. Upon th e c o m pletion o f an underg ro unding project, the ut ili ty is co mpensated t hro ugh the local governme nt 's Rul e 2 0A credi ts. 12 At th e o utset of the program, t he amount o f a ll ocated cred its were d ete1min ed by a formula which factored in th e number of utility meters w ithin a municipali ty in compari so n to the utiliti es' serv ice territory. However, in recent years th e formu la ha s c hanged . Credit al locati o ns for IO Us , except fo r PG&E, are now determined ba se d o n the allocatio n a c ity or county received in 1990 and is then adju sted fo r t he fo ll owi ng factors: • 50% of the change from the 1990 total budgeted amo unt is allocated for th e ra ti o of the number of overhead meters in any city o r un in corporated area to the tota l syste m overh ead meters; and • 50% of the change from the 1990 total budgeted amo unt is al located for the ratio of the number of meters (which in c ludes o ld e r h o me s that have overh ead serv ices , and newer ho mes with completely und e rground services) in any city or the unincorporated area to the to tal system meters. As noted , PG&E has a diffe re nt funding formula for th e ir Rule 2 0A credit a ll ocations a s they are no t tied to the 1990 base a ll ocati on . Pri o r to 20 II , PG&E was a ll o cating a pprox im ately five to s ix percent o f its revenue to the Ru le 2 0A program. T he C PUC decided in 2 011 that PG&E's Ru le 20A a ll ocatio ns s ho uld be reduced by almost half in an effort to decrease the growing accumu lation of cred its a mo ngst local governments. S inc e 20 11 , PG&E's annua l allocations for Rule 20A have been aro und $4 1.3 milli o n annuall y, which is between two and three percent o f their total re v enue . Crit eria for Rule 20A Projects For an und ergrounding project to qua lify fo r th e Ru le 20A program , there are severa l criteria that need to be m et. The proj ect must have a pub li c benefit and : 1. E liminate an unu s ua ll y h eavy concentration of overh ead lin es 2 . In vo lve a street or road with a hi g h volume o f publ ic traffic 3. Benefit a c ivic or public recreation a rea or a rea of unus ua l sceni c interest , 4. Be li s ted as a n a rterial street o r major co ll ector as defined in the Governor 's Office of P lannin g an d Research (O PR) Guide li nes o tabl y, fire safety is excluded fr o m th e li st of cri teria th at favors aesthetic and othe r public safety projects. Rule 20A Credit Syst em Imbalance Threatens Program Effectiveness A ll ocations are made by utilities each year for Rul e 20A c red it s. These c uiTent budget allocations total $95.7 mi l li o n a year. C urre ntl y, the cumu lative ba lance of credits throughout the state to ta ls over $1 bi lli on d o ll ars. The Rule 20A c umul ative bal a nces aggregated b y regi o n can be found h ere. 2 2 Progra m Review, Cali f ornia Ove rh ead Con ve rsion Program, Ru le 20A f or Yea r s 2011-201 5, "The Billi on Do llar Risk," Califo rn ia Pub lic Util it ies Commission . https://www.cpuc.ca .gov/upl oadedFiles/CPUC Public Websi t e/Content/Abo ut Us/Organization/Divi sion s/Policy and Planning/PPD Work Pr oducts (2014 forwardllll/PPD Ru le 2Q-A.odf 13 Note: The ex isti ng c re d it all o ca ti on fo rmul as d o no t cons id er a muni c ipa li ty's need o r plans fo r o v erh ead co nvers io n proj ects, resulting in lar ge cred it ba la nc es in some juris dicti o ns. C iti es a nd counties a re, ho w ever, a bl e to trad e o r se ll un a ll o c a ted Rul e 2 0A c redits if th ey wil l no t be used to fund lo c a l unde rg ro undin g proj ect s . T he re ha ve been several c a ses w here o n e agency h as so ld th e ir unu sed c red its, o fte n f o r less th an t he ful l d o llar valu e of th e c red it s th e mselv es to ano th e r agen cy. Rule 20B Rule 20B p roj ects are th ose that do not fit th e Rul e 20A c ri ter ia , bu t d o, however, invo lve both s ide s of the s treet fo r a t least 600 fee t. T hese p roj ects a re ty pica ll y done in conjunc ti o n w ith la rg er d evelo pm ents and are mostl y paid for by th e d eve loper o r ap pl ica nt. A dditi o na ll y, th e app li ca nt is re s po ns ib le fo r th e in stall a ti o n. Rule 20C Rul e 20C project s are us uall y s m a ll p roj ects th at in vo lve pro pe rty owners. T he maj o r ity of the cost is us ually bo rn e by the applican ts. Rul e 2 0 C appl ies w he n th e proj ect d oes not q ua li fy fo r e it he r Rul e 20A o r Rule 2 0B. Rule 20D--Wildfire Mitigation U ndergrounding Program Ru le 2 00 was a ppro ved by th e C P UC in Janu a ry o f 20 14 a nd o nly app li es to SD G &E . T he Rul e 200 progra m w as e s tab li s he d lar g ely in res p o nse to th e d estructi ve w il dfires that o cc u rred in S an D iego in 2 007 as a w il dfi re m itigatio n und e rg ro unding progra m . Accord in g to S D G&E, the o bj ecti ve of the Rul e 2 00 u nde rgroundin g is exclu s ive ly fo r fire ha rden in g as o pposed to aesth eti cs . T he progra m is limited in sco pe a nd is restri cted to co mmuni t ies in SD G&E's Fire Threat Zone (now referre d to as the High Fire Threat District or HFTO). As of thi s time, the program has yet to y ie ld an y projects and no projects are c urr e ntly p lanned . Fo r a n und e rgrounding project to qua lify fo r th e Ru le 200 progra m, a m inimum o f th ree of the f o ll o wing c r ite ri a mus t be m et. T he proj ect mus t be nea r, w i thin, o r impactful t o : • C riti cal e lectri c infrastructure • Rema in in g usef ul li fe of e lectric infrastru c tu re • Exposure to vegetat ion or tree contact • Dens ity a nd proximi ty of fuel • Critical s urro unding non-e lectric assets (incl uding s tructures and se nsit ive e nvironmental areas) • Serv ice to pu b l ic agenc ies • Access ib i lity f o r firefi g hters S imil ar to Rule 20A , SDG&E mu s t all ocate fund ing each yea r thro ug h th e ir gene ra l rate case proceed ings to Rul e 2 0D to be a p p roved by th e C P UC. T his fund ing is sep a ra te fro m th e a llocations S D G&E makes fo r R ule 20A. However, th e process of d istributi ng thi s f undi ng to localit ies is d iffe re nt. The a mo unt of fu ndin g a ll ocated to each city and co un ty fo r Ru le 200 is based o n th e ratio of the number of m iles o f overh ead lin es in SD G&E Fire T h reat Zo nes in a city or county to th e tota l mi les of D G&E overh ead l ines in th e enti re SDG&E fire zone. The 14 Rule 2 0D prog ram is adm ini stered by the utility cons is tent w ith th e ex ist ing reportin g , engin eering, accounting, and manag ement practices for Ru le 20A. T he Comm ittee may want to cons ide r whether Rule 2 00 sho uld in s tead be ex panded , adapted, o r further utili z ed to s upport fundin g for overhead convers io ns w it hin VHFHSZ throu g ho ut the s tate. Fiscal Impact: T he cos ts to the Sta te a ssociated w ith th is Reso luti o n w ill be re lated to th e s taff a nd programmatic costs to the CP U C to take the necessary meas ures to cons ider a nd ado pt chan g es to Rule 2 0A to inc lud e projects in VHFHSZ to the li s t o f criteria for e li g ibility. T hi s Res oluti o n ca ll s for an un s pecified in crease in fundi ng for Rul e 20A projects, inferring that porti o ns o f increased funds w ill go towards newly el ig ible high fir e hazard z o nes. While the Resoluti o n d o es no t request a s pecific am o un t be all o ca ted , it can be assumed that the se increased costs w ill b e s uppo rted by uti li ty ratepay ers. Acco rdin g t o the C P UC, th e annual a ll ocatio ns to wards Ru le 2 0A are $9 5 .7 million. T he C PUC currently reports a cumul ative credit s urplus v alued a t ro ughl y $1 bi lli on that in various region s , given the approval of expanded e li gibility call ed for by thi s Reso lu ti o n, could be used to s uppl eme nt and reduce the leve l of new do ll ars needed to make a s ign ifi cant impact in VHFHS Z. The CPUC follows that o ve rh ead convers io n projects range from $93 ,000 per mi le for rura l co ns tructi o n to $5 milli o n per m il e for urban co ns tructio n . T he R eso luti o n s tates t hat "Cali fo rnia is experie ncin g fire seasons of worsenin g severi ty" whi c h is s uppo rted by no t o n ly th e tre mendo us lo ss o f pro perty a nd l ife f ro m recent w ild fire s , but a lso in th e ri s in g costs associated w ith clean up, recovery , a nd o ther eco no mic losse s w ith hi g h es timates in the hundreds ofbil l io ns o f do ll ars . T he Committee may wish to cons ide r the costs associated w ith underg ro unding util ity lines in re lation to the costs a ssociated with past w ildfire s and wildfires to come . Comments: CP UC Currently Exploring R evisions to Rule 2 0 In M ay 2 01 7, the CPUC issue d an Orde r in s tituting Rul e making to C o ns ider Revi s io ns to E lectric Rule 2 0 and Related M atters . The CPUC will primaril y focu s o n rev is ions to Rule 2 0A b ut may make confo rming ch anges to othe r parts of Rule 20 . T he Leag ue is a party in these proceedings will provide comments . B eyo nd Rule 20A : Additional Options for Funding Underg rounding Projects T here are vari o us ways in which cities can generate funding for und e rg rounding projects that fall o uts ide of th e scope of Rule 2 0A. At the local leve l, cities can ch oose to fo rgo the Rule 20A process and o pt to us e their own Gene ra l Fund mo ney fo r underg ro undin g . Othe r o pti o ns a re a lso d is cussed be lo w: 15 Rule 20D Expansion The C ity of Berkley in a 2018 stud y titled "Conceptual Study for Undergrounding Utility Wires in Berkley," fo und that th e c ity could poss ibly qu al i fy fo r Rule 20D fund in g if they active ly pursued thi s opportunity in pa rtn ership with P G&E and the CPUC. One of the study 's reco mmendations is to ad vocate for re lease of20D fund s (now earmarked exclu s ively for SDG&E) t o be used fo r mo re aggress ive fire hardening techn iques for above- g ro und utility poles a nd e quipment, fo r undergrounding power lin es, and for m o re aggressive utility pole and vegetati o n management practices in the Very Hi g h Hazard Fire Zon e wi thin Be rk eley's city limi ts. As a n alternative to changing th e c riteri a f o r R ul e 20A, the Com mittee may w is h to consi der w hether there is th e opportunity to advocate for t he expans io n of Rule 20D fundin g more broadly, expanding its reach to all IO U territo ri es. Franchise S urcharge Fees As id e from Rule 2 0 a ll ocations, cities can generate fund in g for unde rgrou nding thro ugh franchise fee surcharges . For example, SD G&E currently operat es under a 50-year C ity franch ise that was granted in 1970. Under the fran chi ses approved by the San Diego City Cou ncil in December 1970, SDG&E agreed to pay a franchise fee to the C ity equi valent to 3% of its gross receipts from the sa le s of both natural gas a nd e lectric ity for 30 years . T hese fees were re negotiated in 2000 and in 200 I an agreeme nt was between t he City of San Di ego , SDG&E, and the C P UC to exte nd the ex istin g franchise fee to include reven u es collected fro m surcharges. SDG&E requested a n in crease of 3 .88% to its existing e lectri c fr anchise fee surch arge. The bulk, 3.53% of this increase is to be used for und erground conversion of overhead e lectric wires. Based o n SDG&E's revenue projections , the in crease wo u ld re s ult in an add itio na l s urcharge revenue amount of approx im ate ly $36.5 million per year. SDG&E estimates that thi s wou ld create a monthly in c rea se of approxi mately $3.00 to a typ ical re s id e nti al custom er 's electric bill. These s urc h arge revenues wou ld pay for add it io nal und e rg ro unding project s including those that do not meet the Rule 20A criteria. T he C it y of San ta Bar bara h as also ado pted a s imilar f ranchi se s urcharge fee. Having this fund ing source a ll ows the Ci ty of San Diego to underground s ignificantl y more mil es of above gro und util ity lines than o th er municipalitie s. However, the s urcharge is currently being challenged in co urt, as it is argued that the City had SDG&E impose a tax witho ut a ballot meas ure. 16 -------------~--- Utility Bankruptcy and Undergrounding Funding In considering th is Resolution , it is important to und e rstand that Rul e 20A allocations have been m ore s ubs tantial in the pas t. As mentioned earli e r, prior to 20 11 , P G&E was a ll ocatin g approximately 5% to 6% of its revenue to th e Ru le 2 0A program. T herefore, it is not unreasonable to encourage an increase in Ru le 20A a ll ocation s as hi stor y s hows th a t utilities had the capacity to d o so in the past. H owever, in a time w h ere IOUs s uch as PG&E are facing bankruptcy as the resul t of utility caused wildfires, there is the possibi li ty that expanding ru le 20A fundin g wi ll generate more costs for the ratepayers . Questions t o Consid er: I ) Is Rule 20A o r Ru le 20D the more appropr iate program to advocate fo r s uc h a n expansion? 2) Are th ere any wildfire risks outs id e ofVHFHSZ that cou ld be mitigated by undergrounding projects? Existing League Policy: Public Safety : The League s u ppo rts additi o nal funding for local agencies to recoup the costs assoc iated with fire safety in the community and t im e ly mutual aid reimbursement for di saster respons e serv ices in o ther jurisdictio ns. (pg. 43) T he League s upports the fir e s ervice m ission of saving lives and protecting property through fire preve nti on , disaster preparedness, hazard o us-material s mitigation, spec ialized rescue , etc., as we ll as cities' authority and discretion to provide all emergency serv ice s t o the ir communities. (pg. 43 ) Transportation , Comm unication, and Public Works: Ex isting telecom munication s prov iders a nd new entrants s hall adhere to local c it y po l ic ies on pu b l ic utili ty undergrounding. (pg. 54) The League supports protectin g the add it io na l funding for local transportation and other critical unmet infrastructure needs. (pg. 51) The League supports inn ovative strategie s including public private partnerships at t he state and local levels to en hance pub lic works fu nding. (pg. 52) Environmental Quality T he League opposes any legis lation that interferes w ith loca l utili ty rate setting authority and opposes any legis la t io n that restricts the abil ity of a city to transfer revenue from a utility (o r other enterprise act iv ity) to the city's general fund. (pg. 9) 17 C iti es s ho ul d continue to have the a utho ri ty to issue fra nchi s es a nd a ny program s ho ul d be at least revenue neutral re lati v e to revenue cu rre ntl y rece iv ed from f ra nc hi se s. (pg . 9 ) The Lea g ue is conc erned abo ut th e impacts o f escalating e nerg y pri ces o n low inco m e re s id e nts a nd s mall bus inesse s . The League s uppo rts energy pricing structures and o ther mecha ni s m s to soften th e impacts o n thi s s e g me nt o f o ur community. (pg . I 0) 2019 Strategic Goa ls Impro ve Di saster Preparedness, Recovery and C limate Res iliency . • Provid e resources to c iti es a nd expand partners hips to bette r prep are fo r a nd recover fro m wildfires , s e ismic e vents , erosio n, m ud s li de s and o ther di s asters. • Improve community pre pa redness a nd res iliency t o resp o nd to c lim ate-rel ated , na tu ra l a nd m a n-m a d e d is asters . S upport: T he fo ll owin g le tters of co nc urrence were re cei ve d: T he C ity of Hi d den Hills The C ity o f La Canada F li ntridge The C ity of La g una Beach T he C ity o f Lake port T he C ity o f Malibu The C ity of M oo rpark The C ity of evada C ity The C ity of Pa los Verdes Es tates The C ity of R o lling Hill s Estates The C ity of R o lling Hill s T he C ity of Ventura 18 LETTERS OF CONCURRENCE Resolution No. 1 Amendment to Rule 20A 19 City of Hidden Hills 6165 Spring Valley Road • Hidden Hills, California 91302 (818) 888-9281 • Fax (818) 719-0083 August 14 , 2019 Jan Arbuckle, President League of California Cities 1400 K Street, Suite 400 Sacramento, California 95814 Dear President Arbuckle: The City of Hidden Hills supports the City of Rancho Palos Verdes ' effort to bring a resolution for consideration by the General Assembly at the League's 2019 Annual Conference in Long Beach. Undergrounding power lines is an important tool in preventing destructive wildfires that have devastated communities across our state. But California's Rule 20A program, which allows local governments to pay for these costly projects with ratepayer funds , does not factor in fire safety for eligibility. Unless projects meet the program's limited eligibility criteria, they are left to be funded by property owners who are proactive, willing and able to foot the bill. We believe Rule 20A offers an important opportunity for fire prevention and that the California Public Utilities Commission should expand this program so more communities can utilize it. The resolution calls on the CPUC to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. To facilitate more undergrounding projec ts in these high-risk zones , the resolution also calls on the CPUC to increase funding allocations for Rule 20A projects. The resolution is also in line with one of the League's 2019 Strategic Goals of improving disaster preparedness, recovery and climate resiliency. For these reasons , we concur that the resolution should go before the General Assembly. Sincerely, ~ Larry G. Weber Mayor 20 Augu st 14 , 2019 Jan Arbuckle, President Leag ue of California Cit ie s 1400 K St., Ste . 400 Sacramento, CA 95814 Dear President Arbuckle: City Counci l leonard Pieron i, Mayor Gregory C. Brown, M ayor ProTem Jonathan C. Curtis M icha el T. Davitt Terry M. Walker The City of La Canada Flintridge supports the City of Rancho Palos Verdes ' effort to brin g a resolution for co nsideration by the General Assembly at the League's 2019 Annual Conference in Long Be ach. Undcrgroundin g power lines is an important tool in preventing destructive wildfires that have devastated co mmunities across our state. But California 's Rule 20A program , which allows local governments to pay for th ese costly projects with ratepayer funds , does not factor in fire safe ty for eligibility . Unless projects meet the program 's limited eligibi lity criteria, they are left to be funded by property owners who are proactive, willing and ab le to fool the bill. We believe Ru le 20A offers an important opportu nity for fire prevention and tha t the Ca lirornia Public Uti lities Commission shou ld expand this program so more communities can utilize it. The resolution calls on tbe CPUC to amend Ru le 20A to in clu de projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility . To faci li tate more undergrounding proj ects in these high-risk zones, the resolution also calls on the CPUC to increase funding allocations for Rule 20A projects . The City of La Cai1ada F lintr idge is one of the few Southern California cities in which I 00% of the commu nity within a Very High Fire Hazard Severity Zone. The City, in 1987, comm itted I 00% of its 20A allocation for f011y-live years from this year for a major downtown undergrounding project. Therefore, the only way our City can directly benefit from th is Resolution is if th ere is an additional annual in creased allocation for this purpose . Due to the extreme threat th e City experienced at the time of th e Station Fire, the City is keenly aware of the dama ge a fire may potentiall y cause, whether from utility issues or from natural causes. The City strongly suppot1s any effot1 , including this Resolution , to reduce fire danger for the City's residen ts. The resolution is also in line with one ofthe Leag ue's 2019 Strategic Goals of improving disaster preparedness, recovery and climate res ilien cy. For these reasons , we conc ur that the resolution should go before the General Assembly with the City of La Canada Flintridge in sup port . One Civic Center Drive, La Canada Flintridge, ~_$)1011 • (818) 790-8880 • Fax (8 18) 790-7536 www.ld.£:/.gov July 25, 2019 Jan Arbuckle, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 Dear President Arbuck le: The City of Laguna Beach supports the City of Rancho Palos Verdes' effort to bring a resolution for consideration by the General Assembly at the League's 2019 Annual Conference in Long Beach. Undergrounding power lines is an important tool in preventing destructive wildfires that have devastated communities across our state. Ten to the Top 20 most destructive fires in California were caused by electrical sources. The California's Rule 20A program, which allows local governments to pay for undergrounding of utilities costly projects with ratepayer funds, does not factor in fire safety for el igib ility . Un less projects meet the program's limited eligibility criteria, they are left to be funded by property owners who are proactive, willing and able to foot the bill. We believe Rule 20A offers an important opportunity for fire prevention and that the California Public Utilities Commission should expand this program so more communities can utilize it. We a lso believe that this program should redirect unused Rule 20A allocations from cities who have no undergrounding projects planned to the cities in Very High Fire Hazard Severity zones. The resolution calJs on the CPUC to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. To facilitate more undergrounding projects in these high-risk zones, the resolution also calls on the CPUC to increase funding allocations for Rule 20A projects . The City of Laguna Beach recommends that the resolution also be amended to call on the CPUC to redirect unused Rule 20A allocations from cities who have no undergrounding projects planned to the cities in Very High Fire Hazard Severity zones . Nearly 90% of the City of Laguna Beach land area is designated under State Law and local ordinance as Very High Fire Hazard Severity Zone. While the City has used Rule 20A and 20B funding in the past to underground more than half of its overhead utilities, sufficient funding is not available to underground the remaining parts of the City. The resolution is also in line with one of the League's 2019 Strategic Goals of improving disaster preparedness, recovery and climate resiliency . 505 FOREST AVE. LAGUNA BEACH, CA 92651 T EL (949) 497-3311 FAX (949) 497-0n1 July 25 , 2019 Page 2 For these reasons , we concur that the resolution should go before the General Assembly . Sincerely, Bob Whalen Mayor 23 CITY OF LAKEPORT Drer 125 f1!Brs of community pride. progress and ser vice August 7, 20 19 Jan Arbuckle, President Le agu e of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 Dear President Arbuckle: The City of Lakeport supports the City ofRancho Palos Verdes' effort to bring a r esolution fo r consideration by the General Assembly at the League's 2019 Annual Conference in Long Beach. Undergrounding power lines is an important tool in preventing destructive wildfires that have devastated co mmunities across our state. But California's Rule 20A program, which allows local governments to pay for these costly projects with ratepayer fund s, d oes not factor in fire safety fo r eligibility. Unless p rojects meet the program 's limited eligibility criteria, they are left to be funded by property owners who are proactive, willing and ab le to foot the b ill. We believe Rule 20A offers an important opportunity for fire preventi o n and that the California Public Utilities Commission should expand this program so more communities can utilize it. The resolution cal ls on the CPUC to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for e li gibili ty. To facilitate more undergrounding p rojects in these high-risk zones, t he resolution also calls on the C PUC to increase funding all ocations for Rule 20A projects. The reso lution is al so in line with one of th e League's 2019 Strategic Goals of improving di saster preparedness, recovery and climate resiliency. For these reasons, we concur that the reso luti on should go before the General Assembly. Sincerely, Tim Barnes Mayor City of Lakeport 24 A ugust 15,2019 J an Arbuckle, Pres ident League of Californ ia C iti es 1400 K St., Ste. 400 Sacramento, CA 958 14 City of Malibu Jefferson Wagner, Mayor 23825 Sturut Ranch Road · Malibu, Cali fornia · 90265-4861 Phone (31 0) 456-2489 · Fax (31 0) 456-3356 · www.malibucity.org RE: C ity of Rancho P a los Verdes Proposed Reso luti o n to Amend Cali fomia Public Util iti es Comm iss io n Rule 20A -UPPORT Dear M s. Arbuckle: At its R egul ar meeting o n A ugust 12 , 2019, th e Malibu C ity Coun ci l un an imo us ly voted to support the C ity of Rancho P a los Verdes' effort to bring a resol ut ion for co ns id eration by the General Asse mbl y a t the League's 20 19 Annual Conference in Long Beach. U ndergr ounding power lin es is an important too l in preventing destructive w il dfires that have devas ta ted comm uniti es across o ur state, but Californ ia's Ru le 20A program , wh ich a ll ows local governmen ts to pay for these costly projects w ith ratepayer funds, d oes not facto r in fire safet y for e ligibility. Un less projects meet the progra m 's limited eligibil ity criteria, they are left to be funded by property owners who are proactive, as w e ll as w illi ng and able to foot the bill. The City of Mali bu agrees with Ranch o Palos Verdes that Ru le 20A offers an important o pportuni ty for fire prevention and that the California Public Utilities Commiss ion (CPUC) s hou ld expand thi s program so more communiti es can utili ze it. The reso luti o n ca ll s o n the CPUC to a me nd Rule 20A to in c lud e proj ects in Very Hi g h Fire Hazard Severity Zones to the li st of c ri teri a for e li g ibili ty. To facilitate m o re undergroundin g projects in th ese hi g h-ri sk zo nes, the reso luti o n a lso ca ll s o n th e C P UC to increase funding a ll ocati ons fo r Rule 2 0A projects . As a recent seri es of news stori es o n wildfire preparedness in Ca li fornia p o in ted out, there are more than 75 comm unities across the state w ith popu lations over 1,000, including Ran c ho Palos Verdes and Malibu, where at least 90 percent of res idents l ive in a Cal Fire-des ignated Very Hi g h Fire Hazard Severi ty Zone. It is wel l-known that electric utilit y equipme nt is a comm o n fi re so ur ce, a nd has s pa rked som e of the m ost d estructive blazes in o ur state's history. Movi ng power lin es underground is , therefore, a c r it ical t oo l in preventing them. C urrently, Rule 20A prim ari ly addre sses v is ua l bl ig ht, but with fire seaso ns worsenin g , it is key that fire safety also be considered when local governm ents pursue Rule 20A projects, and that annual funding a ll ocations for the program be expanded. It is wo rth noting that th e State d oes have a program, Rule 20 0 , t hat factors in fire safety for funding undergro unding projects. H owever, this is l imited to an Diego Gas & Electric Company projects in certa in areas o nl y. This ne e ds to be expanded to inclu de projects in a ll projects with in de signated Very Hi gh Fire H azard Severity Zones . 25 & M \Cuy CoWl<ii\Mayor Chron flles\2019\Rancho PV League Reso 10 Amend Rule 20A·Suppon _l9081 5 docx Recycled Paper Rancho P V League Resolution Amend Rule 20A August 15, 2019 Page 2 of2 The proposed resolution is al so in line with one of th e League's 20 19 Strategic Goa ls of improv in g d isaster preparedness , recovery and climate res ili ency. F o r these reaso ns, the C ity of Ma libu stro ngly concurs that the reso luti o n sho uld go before the Ge nera l Assembl y. Sincere ly, ~Wr- Jefferson Wagner Mayor Cc: Hono rab le Members of the Ma libu C ity Council Reva Feldman , C ity Manage r Megan Barnes, C ity of Rancho Palos Verdes , mbarnes@rpvca .gov 26 M .\Cny Council\Mayor Chron Fales\2019\Rancho P V L<ag ue Reso 10 Amend Rule ~OA·S uppo n_l 908 1 5 docx Recycled Paper ----~-------- CITY OF MOORPARK 799 Moorpark Ave nu e, Moorpark, California 9302 1 Main City Ph one Number (805) 517-6200 I Fax (805) 532-2205 I moorpark@moorparkca.gov July 24 , 2019 Jan Arbuckle , President League of California Cities 1400 K St., Ste . 400 Sacramento , CA 95814 SUBMITTED ELECTRONICALLY RE : SUPPORT FOR RANCHO PALOS VERDES RESOLUTION RE : POWER LI NE UNDERGROUNDING Dear President Arbuckle: The City of Moorpark supports the City of Rancho Palos Verdes effort to bring a resolution for consideration by the Genera l Assembly at the League 's 2019 Annual Conference in Long Bea ch . Underground ing power lines is an important tool in preventing destructive wildfires that have devastated communities across our state . But California 's Rule 20A program , which allows local governments to pay for these costly projects with ratepayer funds , does not factor in fire safety for eligibility . Unless projects meet the program 's limited eligibility criteria , they are left to be funded by property owners who are proactive , willing and able to foot the bill. We believe Rule 20A offers an important opportun ity for fire preventio n and that the California Public Util it ies Commission should e xpa nd this program so more communities can utilize it. The resolution calls on the CPUC to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. To fac il itate more unde rgroundin g projects in these high-risk zones , the resolution also calls on the CPUC to increase funding allocations fo r Rule 20A projects . All cities in Ventura County , including Moorpark , have wildfire prevention fresh in our memories following the highly destructive 2017-2018 Thomas Fire , which was caused by above -ground power lines . The 2018 Woolsey Fire similarly affected Ventura County , and lawsuits have been filed alleging it was also caused by above-ground power lines . Each of these fires ca used billions of dollars in damages and highlight the importance of underground ing power lines . JA ICES. PARVI N Mayor CHRlS ENEGREN Cou nc il membe r RO SEANN MIKOS, Ph.D. Co un2~embcr DAVID POLLOCK Councilmcmbcr KEN SIMO NS Councilmember League of Californ ia Cit ies Page 2 The resolution is also in line with one of the League's 2019 Strategic Goals of improving disaster preparedness , recovery and climate resiliency . For these reasons , we concur that the resolution should go before the General Assembly . Sincerely , ~~ Janice Parvin Mayor cc : City Council City Manager 28 Jan Arbuckle, President League of California Cities I 400 K St., Ste. 400 Sacramento, CA 95814 Dear President Arbuckle: The Cit y ofNevada City supports the Ci ty of Rancho Palos Verdes' effort to bring a resoluti on for consideration by th e General Assembly at the League's 20 19 Annual Conference in Long Beach. Und ergrounding power li nes is an jmportant tool in preventing destructive wildfires that have devastated conununities across our state. Btn California's Rule 20A program, which allows local govemments to pay for these costly projects with ratepayer funds, does not factor io fire safety for eligi bility. Un less projects meet the program's lim ited eligibili ty criteria, they arc left to be funded by property owners who are proactive, w il li ng and able to foot the bill. We be li eve Rule 20A offers an important opportunity for fire prevention and that the Cali fornia Public U ti lities Conm1ission (CPUC) should expand this program so more communities can utjlize it. The resolution call s on the CPUC to amend Rule 20A to include p rojects in Very High Fire Hazard Severity Zones to the li st of criteri a for eligibility. To facilitate more undergrounding projects in these high-risk zones, the reso luti on also call s on the CPUC to increase funding allocations for Rule 20A projects. The City of Nevada C ity would also 1ike to add that the lo cal agency be given the power to use pr ivate fi rms to do design, inspect and construct Rule 20A projects in local jurisdicti on rather than be requh'ed to us e the designated local utility. In addition, the City of Nevada City wants the CPUC to allow local jurisdictions to tran sfer excess funds between agencies t o better serve projects in high fire hazard severity zones. T he reso luti on is a lso in line with one of th e League's 20 19 Strategic Goals of improvj ng disaster preparedness. recovery and climate resi lien cy. For these reasons, we concm that the reso lut ion should go before the General Assembly. Reinette Senum Mayo r City of Nevada City 29 l't'OIII'OIATfJJ IAf July 25, 20 19 Jan Arbuckle, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 Dear President Arbuckle: The City of Palos Verdes Estates supports th e City of Rancho Palos Verdes' effort to bring a resolution for consideration by the General Assembly at the League ·s 2019 Annual Conference in Long Beach. Undergrounding power lines is an important tool in preventing destructive wildfires that have devastated communities across our state. But Cali forn ia's cunent Rule 20A program , which a llows loca l governments to pay for these costly projects w ith ratepayer funds, does not factor in lire safety for e ligibility . Unless projects meet the program's limited eligibility criteri a, they are left to be funded by property owners who are proactive, willing and able to foot the bill. We believe Rule 20A offers an important opportunity for fire prevention and that the California Public Utilities Commission should expand this program so more communities can utilize it. The resolution calls on the CPUC to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. To facilitate more undergrounding projects in these high-risk zones, the resolution also calls on the CPUC to increase funding a llocations for Rul e 20A projects . T he resolution is also in line with one of the League 's 2019 Strategic Goals of improving disaster preparedness, recovery and climate resi li ency. For these reasons, we concur that the resolution should go befo re the General Assembly. 7U.1J .« Mayor Kenneth J . Kao City of Palos Verdes Estates cc: PVE City Council PVE Interim City Manager Petru RPV City Manager Willmore J4 0 P:t los Verd es D rive Wesr, P:llo~ Vc rd es'1RT;m~~. Calif01 nia 90274 310-378-0.~83 Ci ty of Roll i ng Hi lls Estat es Judith Mitchell Mayor Velveth Schmitz Mayor Pro Tem Britt Huff Council Member Frank V Zerunyan Council Member Steven Zuckerman Council Member August 14 , 2019 Jan Arbuckle, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 958 14 Dear President Arbuckle: The City of Rolling Hills Estates supports the City of Rancho Palos Verdes' effort to bring a resolution for consideration by the General Assembly at the League's 2019 Annual Conference in Long Beach. Undergrounding power lines is an important tool in preventing destructive wildfires that have devastated communities across our state. But California's Rul e 20A program, which aJiows local governments to pay for these costly projects with ratepayer funds , does not factor in fire safety for eligibility. Unless projects meet the program 's limited eligibility criteria, they are left to be funded by property owners who are proactive, willing and able to foot the bill. We beli eve Rule 20A offers an important opportunity for fire prevention and that the Cal ifornia Public U tili ties Commission shou ld expand this program so more communities can utilize it. The resolution ca11s on the CPUC to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteri a for eligibility. To facilitate more undergrounding projects in these high-risk zones , the resolution also calls on the CPUC to increase funding allocations for Rule 20A projects. The resolution is also in line with one ofthe League's 2019 Strategic Goals of improving disaster preparedness, recovery and climate resiliency . For these reasons, we concur that the resolution should go before the General Assembly. Sincere!y,Ti~ ~tchell ~~t:rMi 4045 Palos Verdes Dnve North Rolling HillS Estates CA 90274 1 (310)377·1577 I www RHE Cllt 31 August 14, 20 19 Jan Arbuckle, President League of California Cities 1400 K St., te . 400 acramento, CA 958 14 Dear Board of Directors: INCORPORATED J ANUARY 24 , 1957 NO . 2 PO RTU GUE SE BEND ROAD RO LLING HIL LS , CALIF. 90274 (3 10) 377-1521 FAX : (3 10) 3 77 -72 88 The City of R o lling HiUs supports the City of Rancho Palos Verdes' effort to bring a resolution for consideration by the Gener al Assembly at the League's 20 19 Annual Conference in Long Beach. Undergrounding power lines is an import ant to o l in preventing destructive wildfires that have de vas tated co mmumties across o ur state. But California 's Rule 20A program, which allows lo cal governments to pay for these costly projects with ratepayer fund s, does not facto r in fire safety for eligibility. Unless projects meet the program 's limited eligib ility criteria, they are le ft to be funded by property ovvner s who are proacti ve, willing and able to foo t th e bill. We be li eve Rule 20A offers an important opportunity fo r fi re prevention and that th e California Public Utilities Commission should expand this program so more communities can utilize it. The re solution calls on the CPU C t o amend Rule 20A to include project s in Very High Fire Hazard Severity Zones to the list of criteria for el igibility. To facilitate more undergrounding proj ects in these high-risk zones , the r esolution also call s on the CPUC to increase funding a llo cations for Rule 20A projects. The resoluti on is also in lin e with one of th e League's 2019 Strate g ic Goals of improving disaster preparedness, recovery and climate resili e ncy. For these reaso ns, we co ncur t hat the re soluti on should go before the Gener al Assembly. ;;;?LJ . uJ Leah Mirsch ~ Mayor 32 @ Prtn red on Fl«yd«< Popt!r CITY OF VENTURA July 29,2019 Jan Arbuckle, President League of Cal ifornia Cities 1400 K St., Ste. 400 Sacramento, CA 9581 4 Dear Pres ident Arbuckl e: The City of Ventura s uppo rt s th e C ity of Rancho Palos Verdes' effort to bring a resolution for consideration by the General Assembly at the League's 20 19 Annual Confere nce in Long Beach. Undergrounding power li nes is an important tool in preventing destru ctive wildfires that have devastated communities across our s tate. But California's Rule 2 0A program, w hi ch allows local governments to pay for these costly projects with ratepayer fund s, d oes no t factor in fire safety for eligibility. Unless projects meet the program's limited e li g ibility criteria, they are left t o be funded by property owners who a re proactive, willing and a bl e to f oot the bill. We believe Rule 20A offers a n impo rtant opportunity for fire prevention and that the Califomia P ubli c Utilities Commission should expand thi s program so mo re communities can utili ze it. The resol ut io n call s on the CPUC to amend Rule 20A to include projects in Very Hi gh Fire Hazard Severity Zones to the li s t o f c riteri a for e li g ibi lity. To faci litate more undergrounding projects in these hi g h -risk zones, the resolu tion a lso call s o n the CPUC to in crease funding allocations fo r Ru le 2 0A projects. T he resolution is al so in li ne wi th o ne of th e League's 2019 Strategic Goals of improving disaster pre p aredness, recovery and climate resili e ncy. For these reasons, we concur that the resolution should go before the General Assembly. 50 I Po li Street • Ventu ra, Cal ifomia 93 gg I • 805-65 4-7800 • ci t yofvent ura.ca.gov Pnnted o n I 00% post co nsumer recycle d pa per 2. A RESOLUTION CALLING UPON THE FEDERAL AND STATE GOVERNMENTS TO ADDRESS THE DEVASTATING IMPACTS OF INTERNATIONAL TRANSBOUNDARY POLLUTION FLOWS INTO THE SOUTHERNMOST REGIONS OF CALIFORNIA AND THE PACIFIC OCEAN Source: San Diego County Di v is ion Concurre nce of five o r m o re c ities/c ity o ffici a ls C ities: Ca lexico; Co ronad o; Imperia l Beach ; San Di ego [ndividua l City Officia ls : C ity of Braw le y: Ma yo r Pro T e rn Norma Kastne r-J auregui ; Counci l Members Sam Couchma n , Luke Ha mby , and Geo rge ava. C ity of Esco ndi do: Deputy Mayor Consuela Martinez . C ity of La Mesa: Counc il Member Bill Baber. City of Santee: Mayor J o hn Minto, C ity of V ista: M ayor Judy Ritter a nd Co un ci l Member Amanda Young Ri gby Referred to : Env ironmental Quality Po li cy Committee WHEREAS, inte rn ational transbo und ary r ivers that carry water across the border from Mexico into South e rn California are a maj o r source of sewage, tras h, chemicals, heavy metals a nd toxin s; and WHEREAS, trans bo und ary flows thre a ten the hea lth o f res idents in the U nited States a nd Mex ico, h arm important estuarine la nd a nd water of international s ig n ifica nce, force closure o f beaches , damage farm land , adverse ly im pact the So uth Sa n Di ego County a nd Impe ri al County econom y; co mpro mise bo rder security , and directl y affect U.S. military read iness; and WHEREAS, a s ignificant amount of un t reated sewage, sedime nt, hazardous chem icals a nd tra s h have been e nte rin g southern Ca lifornia thro ug h both the Tijuana River Waters hed (75 percent of which is within Mex ico) and New Ri ver fl owin g into south ern Cal iforn ia 's coastal waterways and resid e nti a l and agricu ltu ra l comm unities in Imperial County eventually draining into the Salton Sea s ince the 1930s; a n d WHEREAS, in February 20 17, a n estim a ted 143 million gall o ns ofraw sewage flowed into th e T iju a n a Ri ver and ran d own s tream in to the Pacific Ocean and simi lar cross border flows have caused beach c losures at B o rder F ie ld State Park that include 21 1 days in 20 15; 162 days in 20 16; 168 d ays in 2 0 17; l 0 I days in 20 18 ; and 187 d ays to d ate for 2019 as we ll as closure of a num ber of other beach es a lo ng the Pac ifi c coastlin e each of t hose years; and WHEREAS, approximate ly 132 milli o n ga ll o n s of raw sewage has di scharged into the New River fl owin g into Cali forn ia thro ug h co mmuni t ies in Impe ri al County, w ith 122 mi l lio n g a ll ons of it d isch a rged in a 6-day pe ri od in early 20 17; and WHEREAS, th e presen ce of po lluti on on state and federa l public land s is creating unsafe conditi ons for v is itors; th ese lands a re taxpayer s upported and intended to be managed for recreation, resource con servation and th e enjoyment by the p ubli c, and WHEREAS , th e cu rrent insufficien t and degrading infrastructure in the border zone poses a s ig nificant ri s k to the pub li c health a nd safety of.re s id ents and the e nvironm ent o n both 3 4 s ide s of the border, a nd places th e econom ic stress o n citie s that are strugglin g to mi tigate the negative impacts of p o lluti o n ; and WHEREAS, the 1944 treaty betwee n th e Unite d States and Mexico regardin g Utilization of Wa ters of the Co lorado and Tijuana Rivers and of the Rio Grande a ll ocates fl ow s o n tra ns - border rivers between Mex ic o and the United States, and provides that th e n ati o ns, through th e ir respective secti o ns of the I nternatio na l Boundary W a ter Co mmi ss io n shall g ive contro l of sanitatio n in cross border fl ows the hi g h es t priority; and WHEREAS, in 1993 , the United States and Mex ic o entered into the Agreement Between the Government of the United States of A merica and the Governm ent of th e United Mexican States Concerning the Establishment of a North A merican Development Bank w hich cr eated the North American De velopm ent Ba nk (NADB) to certi fy and fund e nviro nmental in frastructure projects in border-a rea communities; and WHEREAS , publi c concerns in respon se to widespread threats to public hea lth and saf ety, damage to fi s h and wildlife resourc es a nd de g radat io n to Ca lifornia's enviro nment res ulting fro m trans bo un dary ri ver flow po lluti o n in the southernmost reg io ns of th e state requires urgent acti o n by th e Fed e ral an d State governments, a nd WHEREAS, Congress a uthorized fundin g und e r the U.S. Envi ro nmental Protecti o n Agency's (EPA) Safe Drinking Wate r Act and establi s hed the State and T riba l A ss istance Grants (S TAG) program for th e U.S .-Mex ico B o rd e r W ater In f rastru cture Program (BWIP) in 1996 to provide g ran ts for hi g h-pri o ri ty water, was tewater, an d st o rm-water infrastructure proj ects w ithin I 00 ki lo meters o f the southern border; a nd WHEREAS, th e E PA admin iste rs th e STAG a nd BWIP programs, and coordinates with the North American D evelopment Bank (NADB) to a ll ocate BWIP grant fu nds to projects in the bord er zone; and WHEREAS, s in ce it s in ceptio n, the BWIP progra m has prov id ed funding fo r projects in C alifo rnia, Arizo na , New Mexico and Texas that wou ld no t have been constructed w ithout the g rant program; and WHEREAS, the BWIP program was initi al ly funde d at $10 0 m illi o n per year, but, o ver th e last 20 years, h as been continuous ly redu ced to its c urrent level of $10 milli o n; and WHEREAS, in its FY 2020 Budget Request, the Admin istratio n proposed to elimi nate the BW[P progra m ; and WHEREAS, offic ia ls from EPA Re g io n 9, coverin g Cali forn ia, have id entifi e d a multitude of BWlP-e li gibl e projects along th e south e rn bo rder t otalin g over $300 milli o n; and WHEREAS, without federal partn e rs hip thro ug h the BWTP program an d s tate s uppo rt to add ress poll uti o n, c ities that a re impacted by transboundary sewage a nd toxic waste fl ows are 35 le ft w ith li mited reso u rces to address a c rit ica l po llu t io n a nd p u b lic health issue and limited legal re m e di es to address th e prob le m ; and WHEREAS , t h e Nat io n a l Associati o n of Co un ties, (NA Co) at t heir Annu a l Conference o n Jul y 15 , 2019 a nd t he U.S. Co nfe re n ce of M ayors at the ir Annual Confere n ce o n in J u ly I , 2 01 9 both e nacte d re soluti o ns call ing o n t he fe d e ra l a nd state governments to work together to f un d a nd a d d ress th is enviro n m e n ta l c r is is; a nd WHEREAS , loca l governme nts a nd th e pu b li c s uppo rt th e State's prim a ry objecti ves in co mp ly in g w ith e nv iro nme nta l laws in c luding t he C lean Wate r Act, Porter-Co logne Water Q ua lity Contro l A c t, and E ndangered S pecies Act a nd are s upp o rted by substantia l p u bl ic investments a t a ll le vels of govern ment to m a intai n a h ea lth y and sustai n ab le envi ro n ment for future res id e nts of Ca li f ornia, and WHEREAS, Leagu e of Ca li fo rni a C it ies policy h as lo ng s upported efforts to ensure wate r qua l ity and o ppose con tamination o f water resou rces; a nd N OW , THEREFORE, B E IT RESOLVE D at th e L eague General Assem b ly, assem b led a t th e Le a g ue Annua l Confe re nce o n October 18 , 2 0 J 9 in Long Beach, tha t the Leagu e cal ls upo n the Fede ra l a nd S ta te governm e n ts to restore a n d e ns ure pro pe r fund ing to the U.S -Mexico Bo rder W a ter I nfras tru cture Progra m (BW lP ) a n d recommi t to workin g b i- na ti o na l ly to deve lo p a nd i m p lemen t lo ng-te rm so luti o n s t o a ddress seri o u s wate r qual ity a nd co nta min atio n issue s, s uc h as di sch arges o f unt reated sewage a nd po l luted sed im e nt a n d t ras h- la d e n tra n s bo u n d a ry fl o w s orig in a t in g fro m M ex ico, th at resu lt in signi fican t health, e nviro n me nta l, a nd safety concerns in communi t ies a long Cal iforn ia's sou t hern border impactin g t he stat e . 36 Background Information on Resolution No. 2 So urce : Sa n Di ego County Di visio n Background : A lo ng Cali fo rni a's so uth ern border with M ex ic o, th e ew R_iver in Impe ri a l Coun ty and the T iju ana R iver in San Diego County are a m aj o r sources of raw sewage, trash, chemical s, h eavy meta ls, and toxins that pollute local commun ities. Sewage contamina ted flows in th e Tijuana Ri ve r have r esulted in s ig nificant impacts to beach recreati o n th at in c ludes the c losure of Bo rder F ie ld State Beach for more th an 800 d ays over the las t 5-years. S imila rl y, contamina ted fl ows in the New River presents compara bl e hazards , impacts farm la nd , a nd contribu tes to th e ongoin g cri s is in th e Salto n Sea. These transboundary fl ows th reaten th e he a lth o f resi d ents in Californ ia and Mex ico, harm s the ecosystem, fo rce c los ures at beaches, d a mage fa rm la nd , makes peop le s ick, and adversely affects th e econo m y of bo rd er communities. T he root cause of thi s cross border pollution is fro m in s uffi cient or fa iling water and wastewater infrastructure in the border zone and inadequate federal action to a ddress th e pro bl e m thro ugh existin g border p ro g rams. The severity of cross border poll uti o n has continued to incr ease, due in part to th e rapid growth of urban cen ters s in ce th e passage of the Nort h A meri can F ree Trad e Agreement (NAFTA). While econo mic gro wth has contributed to g reater employment, the e nvironm enta l in frastru ctu re ofthe regi o n has no t ke pt pace, wh ich is why Co ng ress a uth o ri zed the B o rder W ater Infrastructure P rogram (BWIP) in 19 96. The U .S . E nv ir o nm ental Protectio n A gency (EPA) ad m inisters the BWIP and coordinates with the No rth American D eve lopme nt Bank (NA OB) to provide financ in g and technical s upport fo r projects o n both s id es of the U .S ./Mex ico bord e r. U nfort un ately, the c ur re nt BWlP fund in g at $10 mi lli on per year is o n ly a fracti o n of the initial program budget th a t s h a res fund ing with t he e ntire 2,000 mi le M ex ican border w ith Ca li fornia , A r izona, New Mexico a nd Texas. EPA o ffici a ls from R egio n 9 have identifi ed a n immediate need fo r BWIP project s to ta l in g over $3 00 mill ion just for Ca li fornia . Witho ut fe d e ral partners hip s through the BWlP and state support to address c ross border pol luti o n, c it ies that are impacte d by tran s boundary sewage an d tox ic waste fl ows are left w ith limited resou rces to address a critica l po llutio n and public health issue . T h e In ternationa l Bound ary a nd W ater Co mmi ss io n (IB W C) is an o th er impo rtant fed eral s takeho ld er that, under th e Treaty of 1944 wi th Mexico, mu st a ddress border sani tation prob lems. While 1B WC c u rrentl y captures and treats some of the po lluti o n generated in Mexico, it a lso red irects c ross bo rde r fl ows with o ut treatm e nt directly in to Californ ia. Improvi n g e nv ir o nmenta l and publi c health condition s for communiti es a long th e bo rd er is essenti a l for ma in taining stro ng bo rder econo m y w ith Mex ico. The lBWC, EPA , a nd A DB are the impo rtant federa l partn e rs wi th ex is tin g bi-n a ti o na l p rograms that a re ab le to imm edi ately impl ement so luti o ns o n cross bo rd er po lluti o n. Cali fo rni a is in a unique positio n to take th e lead an d work wi th loca l a nd fed eral partners to impl ement rea l so luti o ns that w ill a ddresses the long standing and esca lating water qua li ty c ri s is a lon g the bo rd er. For those reasons, t he cit ie s of lmperia l Beach and Coro nado requ ested the San Diego County Di vi s ion to pro pose a re so luti o n at the 20 19 League Annua l Co nfe rence calli ng u po n the federal 37 a nd state governments to address the devastatin g impacts of in ternational transbo undary pollutio n flows into the waterways of the south ernmost regions of California, San Di ego and Imperia l Co unti es a nd th e Pac ific Ocean . O n August 12, 2 0 19 at th e regularly sch edul ed m eeting of the San D iego Coun ty Di vis io n, the m e mbe rs hip una nimo u s ly e ndo rsed s ubmittal of th e reso luti o n, w ith c lose to 75% m embersh ip present a nd voti n g . The Imperi a l County Di v is io n d oes no t have a schedu le meeting until after the d eadline to s ubmit proposed re soluti o n s. H owever, t he C ity of Ca lexico, w hi c h is m ost d irectly impacted by initia l po lluti o n fl ow o f th e New Ri ver from Mex icali , sent a le tter in concurrence of this reso luti o n a s well a s numerous c ity official f ro m c it ie s w ithin Impe rial County and th e Imperial County Board of Sup e rvi so rs. T he Leagu e Imperia l County Di vision wi II place a vote to s upport th is resolutio n o n the agend a of their Septem ber 2 6 , 20 19 meeting. 38 Leag ue of California Cities Staff Analysis o n Resolution No. 2 Staff: Derek D o lfi e, Le g is lative Representative Carty Shelby, Le g is lative a nd Po licy Development Assistant Committees: E nvironmenta l Quality Su mmary: Thi s R eso lution sta tes that the Leag u e o f Cal ifo rn ia C ities s h o uld call u po n the State a nd Federa l governments to restore and ensure proper fundin g for the U.S.-Mexico Bo rder Water Infrastructure Program (BWTP ) and work hi-nationally to ad d ress water quality iss ues resu ltin g fro m tran s bo undary fl ows from Mexico's Tijuana River into the Un ited tates conta in ing untreated sewage, p o ll uted sediment, a nd tras h . Background: T he Leag ue of Cal ifo rn ia Cities' San Diego County Di v is ion is spon soring this resolu t ion to address their concerns over the contam in a ted flows from the Tijuana Ri ver into Ca lifo rnia that have resu lted in the degradatio n of water quality and water recreational areas in Southern Californ ia. T he Tijuana Ri ver fl o w s n o rth through h ig h ly urb a ni zed areas in Mexico before it e nters the Tijuana River Estua ry and eventu a ll y the Pac ific Ocean v ia waterways in San Diego County in Cal ifo rni a. Urb an growth in Tijuana has contribute d to a r ise in rates of upstream fl ows from water treatment facilities in Mexico. T hese treatment facil iti es have raised the amount o f untreated sewa ge and waste in th e T ijuan a Ri ver d u e to faulty infrastructure and improper maintenance. The federa l government re fers to th e r iver as a n "im pa ired water body" because of the presence of p o llutants in excess, w hi c h pose s ignificant health ri sk s to res idents and v isitors in communities o n both s id es of the bo rder. F edera l Efforts to Address Pollution C ris is To remedy the Tijuana Ri ver's low water quality, the Uni te d States and Mexico e ntered into a Treaty in 1944 entitled: Utilization of Waters of the Colorado River and Tijuana Rivers and of the Rio Grande-the International Boundary and Water Commission (TB W C). The IBWC was d esig n ed to con s ist of a United tates section and a Mexico section. Both sect io n s were tasked with n egot iatin g a nd imp lementin g reso luti o ns to address wate r po llu tion in th e a rea, wh ich in c lud es oversee ing the development o f wate r treatmen t a nd divers ion in frastr uctu re. After the formatio n of th e IBWC, t he U.S. a nd Mexico e ntered in to a treaty in 1993 e ntitl ed: Agreement Concerning th e Establishment of a Border Enviro nment Cooperation Commission and a No rth American Development Bank. T hi s agreement estab li sh ed the orth American Developm ent Bank (NADB), which certifies a nd funds infrastructure projects located within I 00 ki lometers (62 miles) of t he border l ine. The NADB s uppo rts fed eral programs like the Border Water In frastructure Program (BWIP), w hi ch was initia ll y fu nded at $100 million , annually. The degradati o n of exis t ing water treatment in frastructure a lo n g the border co in cides w ith the fede ra l government's d efunding of the BW IP, which has steadily decreased fro m $100 million in 1996 to $10 mi lli o n today. The Federal FY 2020 B ud get pro poses e l iminating BWIP funding 39 altogether. E PA's regions 6 and 9 (in c ludes U.S. states that border Mexico) have id e ntifi ed a num ber of e li g ib le proj ects that address public hea lth a nd e nvironmental conditi o n s al o ng th e bo rd e r totaling $340 milli o n . The NADB has funded th e d eve lo pment of water infrastructure in both the U.S. a nd Mexico. Water diversion and treatm e n t infrastructure a lo n g the U.S -M ex ico b order incl ude s, but is not limited to, th e fol lowin g fac ili t ies : • The So uth Bay Int ernational Wastewater Treatment Plant (SBIWTP). Th is facility was constructed by th e U.S. in 1990 and is locat e d o n t he Cali forn ia s ide of t he bo rder a nd is o pe rated under the jurisdi c ti o n of th e lBWC. The SB !W T P serves as a divers ion a nd trea tment sewage p la nt to address t he fl ow of untreated sewage fro m Mexic o into th e United States. • Pump Station CILA. C ILA was co nstructed by Mex ico in 199 1 a nd is located along the bo rd e r in Mex ico. T hi s faci li ty se rves as th e SB IWTP's Mexica n coun te rpart. Bo th the SB I WTP and C ILA facilities h ave had a multitude of overfl ows contain in g untreated sewage and toxic was te th a t s pill s into t h e Tiju a n a Ri ver. T he cause of overfl ows can be attributed to fl o w s exceeding the max imum capac ity that the in frastructu re can accommodate (thi s is exacerbated during wet and rainy season s) a nd fa ilure t o properl y o perate and m a inta in the facilitie s . Much of th e ex is tin g in fras tru c ture h as no t h ad updates o r repai rs fo r decades, cau s in g overflows to become mo r e freque nt and severe . The m ost no table ove rflow occurre d in February 20 17, where in 14 3 mill io n ga ll o ns of po ll utin g waste di sch a rged into the Tijuana River ; affecting the T ijua n a Estua ry, the Pacific Ocea n , and Southern Cal ifornia 's waterways. S tate Actions In respon se to the February 20 17 overfl o w , th e an Diego Water Board's Executive Officer sent a le tt e r to the U.S. and Mexican TBW C Commiss ioners w hi c h included recommendations on h ow to improve ex is t in g infrastructu re a nd commun icatio n s m e th ods between both na ti o n s. ln September of 2 0 18, Cali forn ia Attorney Gene ra l Xav ie r Becerra submitte d a lawsuit against TBW C for Violating the C le an Water Act by a ll owin g flows con ta in ing sewage a nd toxic waste to fl ow into Ca lifo rnia 's waterways, posi ng a publi c health a nd ecological c ri s is. The cities of Imperi a l Beach, San D iego, C hul a Vi sta, the Po rt of San D iego, and the San Di ego R egional Wate r Quality Board hav e a lso fi le d s uit aga in st th e IBWC . The s u it is awaiting its fir st se ttl e m e nt confere n ce o n Octo b er 19 , 2 0 19 . If p a rti es a re unab le to reach a settlem e nt, the case w i II go to tri a l. F isca l Impact: Ca lifornia 's econo my is currently th e s ix th la rgest in th e wo rld , w ith to uri s m spendin g to pping $140.6 b illi o n in 2 0 18 . In the past five yea rs, San Di ego 's Bo rd er Field State Pa rk has been c losed for over 800 days because of pollution fro m t he Tijua na Ri ver. A dec l ine in the State's beach qua li ty and re putation could carry m acroeconomi c effect s that could ripple o uts ide of t he San Di ego Coun ty reg ion a nd affect coasta l communities th ro ug ho ut Cal i forn ia. 40 Exis ting League Policy T h e League of Ca lifo rni a Ci ti es h as extens ive language o n water in it s S u m m a ry o f Existin g P o li cy a nd G u iding Princ ip les. F und a m e n ta ll y , th e League recognizes that b e n e fi c ia l water qua l ity is essent ia l to th e he al t h and we lfare of Ca lif o rni a a nd a ll of its c iti zen s. A ddit io nally, t h e League a d vocates for lo ca l, state a nd fe d eral govern men ts to work coop erati ve ly to e n s u re t h at wate r qual ity is m a inta in ed. The fo ll owin g p o l icy re la tes to t he issue of w ater q ua l ity: • S urface a nd g roundwater s h o u ld b e protected fro m co ntam in ation. • R e qui re m e n ts fo r wastewater d isch ar ge into s u rface wate r a nd g ro undwate r to safeguard publ ic h ea lth a nd pro tect b e ne fi c ia l u ses sh o uld be s uppo rted. • Wh e n add ress in g con tamin at io n in a water b o d y , water boards s h o uld p lace p rio ri ty e mphasis o n c lean -up str ategies ta rgetin g sources o f pollutio n , rathe r th an in stream or e n d -of-pipe treatm e nt. • Water d evelo pme nt proj ects mu s t be eco nom icall y, e n v ironme nta ll y a nd sci entifi cally sound . • T he viab i lity of ri vers a n d s tream s f o r in stream u ses s uc h as fis h e ry ha bi tat , recreatio n and aestheti cs m u st b e protected . • Protecti o n , m a inte n a n ce, and res tora ti o n of fi s h a nd w il d life ha b itat a nd reso u rces. C li c k he re to v iew th e Summary of Existing Policy and Guiding Principles 2018. Comments : I . W ater q u a l ity issu es a r e preva le nt across Cali fo rni a a nd h ave bee n a con sta nt priority of th e State's legis la ture and resi d e nts . In 20 14 , Ca lifo rn ia's vo ters a pproved Propositi o n 1, w h ich auth o ri z ed $7.5 b i lli o n in gene ra l o b li gati o n b o nds t o fu nd wate r qua lity im provem e ntproj ects . In 20 19, the L egis la ture reach e d a n agreem en t to a ll ocate $130 mi ll ion fro m th e S tate's G reen ho use Gas Redu ctio n F un d (GGRF) to a ddress fai li ng water in f rastructure a nd bad water qua l it ies fo r over o ne millio n of Ca lif o rni a 's res idents in rura l communities. W a t e r quali ty is no t a n issu e unique to t h e County of San Di ego and co mmunities a lo n g t he bo rd e r . 2. T iju a n a Ri ver cross-bo rder po ll uti o n h as cau g ht n atio na l a tte nti o n . Members of Congress have pro p osed r ecent f un d in g so lut io ns to a dd ress the p o llu t io n cr is is, includ ing: • In Febru a ry of 2019, Ca li fo rn ia Con g ressional R e presentat ives Vargas, P eters, a nd Dav is h e lp e d sec ure $15 mi ll io n for th e EP A to use as p art of its B WIP . • H.R . 3895 (Vargas, Peters, 20 19), The North Am er ican Development Bank Pollution Solution Act. T hi s b il l seeks to s uppo rt po lluti o n miti gatio n efforts a long t he b o rder by in creas ing the NADB 's cap ita l b y $1.5 b i ll io n . • H.R. 4039 (Levin , 2019), The Border Water Infras tructure Improvement Act. T hi s b i ll prop oses increas in g fundin g to the BWIP fro m t he ex is tin g $10 m illion to $15 0 mi ll io n as a continuo u s app ropria ti o n u nt il 2 0 25. Additio na ll y , th e Natio n a l Associati on of Co un t ies (NACo) a nd th e U .S. Conferen ce of Mayors e nacte d reso lu t io n s in s uppo rt of in c reased f unding fo r U.S.-M ex ico border water infrastru c ture to a dd ress th e e n v iro nme nta l c ri s is in 20 19. 4 1 3. The borde r po lluti on prob lem ha s s parked action from local, state, a nd fe deral acto rs. hould th is reso lu ti o n be adop ted, League members hip sho uld be aware tha t fut ure action will be adapted by w hat is exp li cit ly stated in th e reso lu t io n's lan guage. In current fo rm, the re so luti on's reso lve c lause c ites the BWrP as the o nl y program that shou ld receive re in stated and prope r fu nd in g . Leag ue staff recommends th e la ng uage be modifi ed to sta te: "NOW, THEREFORE, BE IT RESOLVED at the League Ge ner al Assembly, asse mbled at the Leag ue An nu a l Co nfe re nce on October 18 20 19 in Long Beach, th at the League ca ll s up o n the Federal a nd Sta te governments to re sto re and ensure proper funding for environmental infrastru ctur e on the U.S. -Mexico Border, including te the U.S Mex ico Bo rd er Water Infrastru cture Program (BW IP ), and rec o mmit to wo rkin g bi-n at iona lly to develop an d impl ement lo ng- term so lu tion s to add ress serio us wa ter quality and contaminati o n iss ue s, such as di sc harges of untreated sewa ge and po lluted sedim en t and tras h-lad en trans bo und ary fl ows o ri g inatin g from Mex ic o, th at resu lt in s ig nifi ca nt health , env ironm e nta l, an d safe ty co ncerns in comm uniti e s along Ca liforn ia's so uthern bo rder imp actin g t he state." Mod ifyi ng the la ngua ge wou ld e ns ure en o ug h flexibilit y for the League to s upp ort fundin g mec ha ni s ms o ut s id e of t he pre sc rib ed fe derally-operated BWTP. 4. It re ma in s un c lear if th ere is an ap petite in Wa shin gton to fund bo rder-re lated in fras tru cture proj ects th at ad dress e nv iro nm ental qua li ty. G iven the hig h probabi lity of anothe r overflow containin g wa ste and sewage from the existing infrastructur e ope ra ted by the lBWC, League memb ers hip sho ul d cons ider t he o utcome if no re so luti o n is rea c hed to add ress th e iss ue. Support: T he fo ll owin g letters of concu rrence we re receive d : C iti es: T he C ity of Ca lex ico T he C ity of Co ronado T he C ity of Imp e ri a l Beach T he C ity of Sa n Di ego In their individua l capacity: Ama nda Yo un g Ri gby , City of V ista Co un c il Member Bill Baber, City o f La Mesa Co un c il Membe r Co ns uela Martine z, C ity of Escondido Deputy Mayo r Geo rge A. ava, City of Brawley Co uncil Member Jo hn Minto, City o f Santee Mayor Jud y Ritte r, C ity of V ista Mayor L uk e Hamby, C ity of Brawley Co un cil Memb e r No rma Ka s tner-J aureg ui , C ity of Brawley Mayor Pro-Tempo re Sa m Co uchman , C ity of Brawley Co uncil Membe r 42 LETTERS OF CONCURRENCE Resolution No.2 International Transboundary Pollution Flows 4 3 t:ITY OF t:AlEXIt:O Au g ust 15 , 20 19 J a n Arbuckle, Pres id e n t Le a gu e of Ca li fo rnia C ities 14 00 K Street, u ite 400 S a crame nto , CA 95 814 608 Heber Ave. Calex ico, CA 92231 -2840 Tel: 760.768.21 10 Fax : 760.768.2 103 w.vw.calexico .ca.gov RE: Envir o nm enta l and Water Q ua lity Impacts Of International Transbo und ary River Pollution F low Resolution P res id e nt Arb uckle: The city o f Ca lex ico s tro ng ly s uppo rts the San Diego Co unty D ivi s io n 's effort to s ubmi t a resolution fo r c ons id e ratio n by t he G e ne ra l Asse m b ly at th e League's 20 19 Annual Confe re nce in Lo n g B each. T h e D iv ision 's reso lu t io n c alls upon the Federa l a nd ta te governm ents to restore a nd ensure proper f undin g of th e Bo rder Wate r Infrastru cture Program (B WIP) to a d d ress the devastating impacts of internatio na l tra nsboundary p o l luti o n fl ows in to th e wate rways o f th e southernmost regions of Ca li f o rni a (San Di ego a nd Impe ri a l Counti es) and th e Pacifi c Ocean . Lo cal governm ent a nd t he publi c s upport t he S tate 's water and e n v ironmen tal q u a li ty objectives a n d League po l icy h as lo ng s uppo rted efforts to e ns u re water qua li ty a nd oppose contamination of water re sources. T hi s reso lutio n addresses th e c ritica l need fo r th e fed e ra l a n d state governm e nts to recomm it to work bi -nationa ll y to d evelo p and impl e m e n t lo n g -term so luti o n s to a ddress seri o u s water qua lity a nd con tamin a ti o n issu es, s uc h as di s ch a rges of untre a ted sewage a nd po llute d sed imen t and trash-lade n tra nsbo un dary fl ows o rigin a tin g fro m Mex ico, tha t res u lt in s ignifica nt heath, e n v iro nmenta l a nd safety concern s in commun iti es a long Ca li fo rni a's southern bo rd er impacting th e s ta te . A s m e mbe rs o f t he L eague, o ur city va lues th e p o li cy d evelopme nt p rocess provi d e d to the General Assembl y. We a ppre ciate yo ur ti me o n thi s iss ue . 44 1 f yo u have any questions or require addition a l in formati o n , p lease do n o t hes itate to c o ntact me at 760/768-2110. Si ncere ly, CITY OF CALEXICO David D ale City Manager Cc: Ho no rable Mayor B ill Hod ge 4 5 182~ STRAND WAY CORONADO CA 9211 8 Augu st 15, 20 I 9 Jan Arbuckle , President League of California Citi es 1400 K Street, Suite 400 Sacramento, CA 95814 CITY OF CORONADO OrFICE OF THE en Y MANAGEn (619) 522-7335 FAX (619) 522·7846 RE : Environmental and Water Quality Impacts of International Transboundary River Pollution Flow · Resolution This lette r is written on behalf of and with the support of the Coronado City Council. The Ci ty of Coro nado wholehear1edly s upports the resolution adopted by the San Diego County and Imperial County Division of the California League of Cities . The San Di ego County Division 's resolution calls upon th e federal and state governments to restore and ensure proper funding of the U.S.-Mexico Border Water Infra structure Program (B WIP ) to address th e devastating impacts of international transboundary pollution fl ows into the waterways of the so uthernmost regions of Ca lifornia (San Diego and Imperia l Counties) and t11e Pacifi c Ocean . The Ci ty has been working close ly with d1e Environmental Protection Agency and other federal partners on the matter s in ce early 2018. City leaders are committed to findin g long-term, sustainabl e so luti ons to thi s problem. Through its advo cacy and education efforts , th e City of Coronado has raised nati onal awareness of the problem among leg islators, political appointee s and caree r staff at federal agencies. These efforts ha ve been succe ss ful. How ever, the City al ong with our coalition partners, look forward to more action to sw iftl y resolve thi s issue. Lo cal gove rnment and the public suppor1 the state's wate r and environmental quality objectives and League poli cy ha s lon g supported efforts to en sure water quality and oppose contaminati o n of water re ources. Thi s reso luti on addresses th e criti ca l ne ed for th e federal and stat e governments to recommit to work bi-nationally to de ve lop and implement long-term so luti ons to addre ss seri o us water quality and contamin ati on iss ue s, s uch as discharges of untreated sewage and polluted sediment and tra sh-laden tran sboundary nows ori gi natin g from Mex ico , that result in s ignificant hea lth , environmental and safety concerns in co mmunities a long California's southern border impacling th e state. As memb ers of th e League, Coronado values the policy development process provid ed to the General Asse mbly. We appreciate your time on thi s is sue. Plea se feel free to conta ct me if you hav e any questions. Sincerely, ~~ Coronado City Man agV cc: Coro nado Mayor and City Council 13ill Baber, Pre sident, San Di ego Co unty Divi sio n c/o Ca th e rine Hill. Regional Public Affairs Mana ge r, San Diego Co unty Division chi ll!a1caci tie!>.\ll£ 46 City of Imperial Beach, California OFFICE OF TH E C I TY MA NA GER 825 Im perial Beach Blvd , Im perial Beach CA 91932 Tel : (619) -123 -8303 Far: (619) 628-1 395 A ugu s t 15, 20 19 Ja n Arbuc kl e, President Leagu e of Ca li fo rni a C it ies 1400 K St. Suite 400 Sacramento, CA 95 814 RE: E n viro nm e nta l and W a te r Qual ity Impacts Of In te rnati onal Transbo undary Ri ver Po lluti o n F lo w R eso luti o n Pres id ent A rbuckle: The city of Impe ri a l Beach appreciates a nd s u ppo rts the San Di ego County D iv is ion's effort to s ubmit a r esol uti on f o r cons ide ra ti o n b y the fu ll m embership of th e Leag ue of Cali forn ia Cities. The Divi sion's reso luti o n ca ll s o n Federal and State government to a ddress the impacts of tra ns boundary pol lu tion fl ows into th e So ut hweste rn reg io n s of Cal ifo rnia. T he po lluti o n in t hese areas is a n environmental di saste r that threate ns th e health a nd gen e ral we lfare o f res id ents near th e M ex ican border in Imperial a nd San Diego Coun ties. I e ncou rage a ll voting delegates a nd e lected offi c ia ls in attendance at the 20 19 Annua l League of C alifo rni a C iri es Conference in Lon g Beach to s upport thi s important reso lutio n a s it addresses the c ritic a l n eed for the federa l a nd state government to recommit to wor k b i-n a ti o na ll y to address the serious contaminatio n issues and to deve lop and impl e m e n t lo ng -term solutions. I am ava il able fo r any ques ti o ns o r add iti o na l in formation re lated to thi s letter of s upport. Si ncer~ ~Hall C ity Man ger Cc: H o no rab le Mayo r Serge Dedina Ho no rable Mayor Pro Tern Robert Patton H ono rable Co uncilm em ber P a loma Ag ui rr e Ho n o rable Co un cilme mbe r Ed Spri ggs Honorable Councilme mbe r Mark W est 47 City of Imperial Beach, California OFFI CE OF TH £ AlA )'OR 825 /mperial Beach Bll'd., Imperial Beach. CA 91932 Tel : (619) -123-8303 Far : (619) 628-1395 August 16, 20 19 Jan Arbuckle, Pres ident League of Ca li forn ia C ities 14 00 K Street, Suite 400 Sacrame nto , CA 958 14 RE: E nviro nm enta l a nd Water Q ua li ty Impacts Of Inte rn a ti o nal Trans boundary Ri ve r Po lluti o n Flow Reso luti on President Arbuckle: The city of Impe rial Beach strongly supports the San Diego Cou nty Divis ion's effort to s ubmit a resolutio n fo r consideration by t he General Assemb ly a t the League 's 20 19 Annual Conference in Lo ng Beach. The Divis io n's r eso luti o n ca ll s up o n th e Federa l and State governments to restore a nd en s ure proper funding of the Bo rd e r Wa ter Infrastru cture Program (BWJP ) to address the devastat in g impacts of internationa l tra ns bo un dary po lluti o n flows into the waterways ofthe so uthernmo st reg io ns of Ca lifornia (San Diego and Imper ia l Counties) and the Pac ific Ocean. Local governme nt and the public s uppo rt the State's water and e nvironmental qua lity o bject ives and League po li cy has lo ng s upported efforts to ensure water qu a li ty a nd o ppose co ntam in ation of water reso urces. Th is reso lution ad dresses t he criti ca l need for t he fe d era l and state governments to recommit to wo rk hi - na tio na ll y to develo p and imple me nt long-term so lu tions to address se ri o us water qua lit y and co ntamination iss ues, s uc h as discharges of un t reated sewage and po lluted sediment and trash-laden transbo und ary flows or ig inat in g from Mexico, that result in s ig nificant heath, env iro nmental and safety concerns in co mmunities a lo ng Ca lifornia 's southern border impacting the state. As members of th e League, our c it y va lu es the po licy deve lo pme nt process provided to the General Assemb ly. W e apprec iate yo ur tim e o n this issue. If you have any questio ns or requ ire add it io nal in fo rmatio n, please do no t he s it ate to co ntact me at 6 19-423-8303. erge D ed in a Mayor 48 August 15,2019 Jan Arbuckle, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 lHE CITY OF SAN DIEGO KEVIN L. FAULCONER Mayor RE: Environmental and Water Quality Impacts of International Trans boundary River Pollution Flow Resolution President Arbuckle: The City of San Diego supports the San Diego County Division in their effort to submit a resolution to the General Assembly at the League of California Cities' 2019 Annual Conference in Long Beach. To suppress the flow of pollution between the Mexico and Southern California's water channels, the Division requests for the Federal and State governments to give proper funding to the Border Water Infrastructure Program (BWIP). The City of San Diego and its citizens have expressed their concerns about untreated sewage, polluted sediment and trash flowing from Mexico, into California, causing health, environmental and safety concerns. The State's water and env ironmental quality objectives and League policy has long supported efforts to ensure water quality and oppose contamination Of water resources . With the Division 's resolution, the great need for federal and state governments to reconsider working together, will help in developing a long-term solution to address serious water quality and contamination issues. As members of the League, our City values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please contact me at (619)453-9946 if you have any questions. ~iniJely, ~ia Director of International Affairs Cc: Honorable Mayor Kevin L. F aulconer 49 202 C STREET, 11TH FLO OR • SAN DIEGO, CA 92101 AMANDA YOUNG RIGBY Jan Arbuckle, President league of California Cities 1400 K Street, 4th Floor Sacramento, CA 95814 Re : Border Sewage Issues Dear President Arbuckle; ---------------·--------------- CilY COUNCILWOMAN August 15, 2019 As a Council Member in the City of Vista, and solely in my individual capacity as such, I write i n support of the league of California Cities 2019 Annual Conference Resolution proposed by the San Diego County Division to address the constant sewage pollution issues at the international border with Mexico. This Resolution requests that the federal and state governments recognize the paramount importance of this issue and address the devastating impacts that this constant contamination has on the southernmost regions of California and the Pa cific coastline by requesting the necessary funding to develop and Implement effective and long term so lutions to the raw sewage contamination coming into San Diego and Imperial Counties from Mexico. Although I have lived in Vista for 27 years now, I grew up in Imperial Bea ch and know well the severe health and environmental impact that this situation has had on our border communities for the decades . As a member of the league, I valu e the league's ability to effectively advocate on behalf of not on ly our cities but in effect, our citizens, and this is an important issue for our entire state . Should you have any questions or comments, plea se contact me at the number below. Thank you for your consideration. cc : Vi sta City Council Vi sta City M anage r Vi sta City Attorney City of Imperial Beach Ci ty of Coronado Ci ty of Calexico City of San Diego 200 Civi c Cent er Drive , Vista, Ca liforn ia 92084·6275 I T: (760) 64W 13 I F: (760) 639-6 132 I E: arigby@ci tyo fvi sta.com I cityo fv ista .com August 16, 2019 Jan Arbu ckle, President League of California Cities 1400 K Street, Su ite 400 Sacramento, CA 95814 RE: Environmental and Water Quality Impacts Of International Transboundary River Pollution Flows Resolution Presid ent Arbuckle: As a Cou ncil Member for the City of La Mesa and in my individual capacity, not on behalf of the full La Mesa City Council as a body or the City, I am writing you in support of the San Diego County Div i si on's effort to su bmit a re solution for consideration by the General Assembly at the League's 2019 Annual Confere nce in Long Beach. The Division's resolution calls upon the Federal and State governments to restore and ensure proper funding of the Border Wate·r Infrastruct ure Program (BW IP) to address the devastating impacts of international transboundary pollution flows into the waterways of the southernmost regions of California (San Diego and Imperia l Counties) and the Pacific Ocean. A s San Diego County Division President and a member of the League, I value the policy development process provided to the General Assembly. I appreciate your time on this issue. Please feel free to contact me at 619-667-1106, should you have any questions. Sincerely, BILL BABER COUNCIL MEMBER CITY OF LA MESA PRESIDENT, LEAGUE SAN DIEGO COUNTY DIVISION 51 8130ALLISONAVENUE • LA HESA,CA 91941 • TEL: 619.667.1105 FAX: 619.462.7528 Jan Arbuck l e, President League of Cali forn ia Cities 1400 K Street, 4 " Floor Sacramento, CA 95814 Dear Pres ident Arbuckle : Consuela Martlnez, Deputy Mayor 201 North Broadway, &condldo, CA 92025 Phon e:780~39~8 August 16 , 2019 As one Council Member of the city of Escondido, and i n my Individual capacity and not o n beha lf of the Council as a body or the C ity, I write In support of the League of Cali forn ia Citie s 2019 Annual Conference Resolution proposed by the San Diego County D ivis ion to add ress t he transboundary river flow po llution impacting dties in San Diego and Imperial Counties. This resolut ion calls upon the federal and state governments to address the devastating i mpacts of international transboundary pollution flows into the southernmost reg ions of California an d the Pacific Ocean by requesting tt'le necessary funding to develop solutions for pollution com ing into San D iego County and Imperial County waterways through the T1j uana River and New Ri ver, respective ly . The passage of the proposed resolution by the San Diego Cou nty Division wou ld provide support for the restoration of much needed funding and development and Implementation of long-term solutions to address serious water quality and contamination issues, such as d ischarge of untreated sewage and polluted sediment and trash-laden transboundary f lows that result in significant health, environmental, and safety concems in communities along Californ ia's southern border Impacting the state. As a member of the League, I value the policy development process provi ded to the Genera l Assembly. I appreciate your t ime on this Issue. Please feel free to contact me at cmartinez@escondido.org if you have any questions. Si ncerely, ~!.~td cc: Honorable Mayor and City Council Members Jeffrey R. Epp, City Manager r.wl McNa~a. Mayor Cosauelo Martinez, Deputy Mayor 52 Deputy Mayor Olsa Dlaz John Muson Mldlael Morasco CITY OF BRAWLEY August 15, 2019 Jan Arbuckle , President League of California Citie s 1400 K Street, 4111 Floor Sacramento , CA 95814 Dear President Arbuckle : ADMINISTRATIVE OFFICES 383 Main Street Bra w le y, CA 9222 7 Phone : (760) 351-3048 FAX : (760) 35 1-3088 As one Council Member of th e City of Brawley, and in my individual capacity and not on behalf of the Council as a bo dy or the City, I write in support of the Leag ue of California Cities 2019 Annual Conferen ce Resolution proposed by th e San Diego County Division to address the transboundary river flow pollution im pacting cities i n San Diego and Imperia l Counties. This resolution calls upon the federal and state governments to addres s the devastating impacts of international transboundary pollution flows into the southe rnmost reg io ns of Ca lifornia and the Pac ific Ocean by requesting the ne cessary funding to develop solutions for pollution coming into San Diego County and Imperial County waterways through the Tijuana River and New River, respectively. The pa ssage of the proposed reso lution by t he Sa n Diego Co unty Divi sio n w o uld provide support for the restoration of much needed funding and development and imple mentation of long-term solutions to address serio us water quality and co ntamination issues , such as discharge of untrea ted sewage and polluted se diment and tra sh-la den transboundary flows that re sult in sign ifica nt hea lth, environmental, and safe ty co ncerns in communities alo ng California's so uthern bord er impacting the state. As a member of the l eag ue, I va lue the policy develop me nt process provide d to the General Assembly. appreciate your time on this issue . Please feel free to contact me at (City email) if you have any questions. Sincerely, George A. Nava City Council Member City of Brawl ey 5 3 \1\\ on Juhn \\ \I lOt•' CITY OF SANTEE C lf\ COl '(II . R'•nnll~ll t~ph~n l l,,ul;~h;~n I .1ur.1 1\v\al lh•ll r.k ~~~~ August 15, 2019 Jan Arbuckle, President league of California Cities 1400 K Street, 41h Floor Sacramento, CA 95814 Dear President Arbuckle: As Mayor of the city of Santee, and in my individual capacity and not on behalf of the Counc il as a body or the City, I write in support of the league of California Cities 2019 Annual Conference Resolution proposed by the San Diego County Division to address the transboundary river flow pollution impacting cities in San Diego and Imperial Counties . This resolution calls upon the federal and state governments to address the devastating impacts of international transboundary pollution flows into the southernmost regions of California and the Pacific Ocean by requesting the necessary funding to develop solutions for pollution coming i nto San Diego County and Imperial County waterways through the Tijuana River and New River, respective ly. The passage of the proposed resolution by the San Diego County Division would provide support for the restoration of much needed funding and development and implementation of long-term solutions to address serious water quality and contami nation issues, such as discharge of untreated sewage and polluted sediment and trash-l aden transboundary flows that result in significant health, environmental, and safety concerns in communities along California's southern border impacting the state. As a member of the league, I value the policy development process provi ded to the General Assembly. I appreciate your time on this issue . Please feel free to contact me at (JMinto@cityofsanteeca.gov) if you h ave any questions. Sincerely, Mayor City of Sante e 1060 1 Mognolin Avenue • ...,nntel!, C':llili.Hilia 9 R~l1 • (6 19) 258 -4100 • """·cuyofc;anl~cca .go , August 16 , 2019 Jan Arbuckle, President League of California Cities 1400 K Street, 4 th Floor Sacramento, CA 95814 Dear Pres ident Arbuckle : JUDY RITTER MAYOR As Mayor of the city of Vista , and in my individual capacity and not on behalf of the Council as a body or the City, I write in support of the League of California Cities 2019 Annual Conference Resolution proposed by the San Diego County Division to address the transboundary river flow pollution impacting cities in San Diego and Imperial Counties . This resolut ion calls upon the federal and state governments to address the devastating impacts of international transboundary pollution flows into the southernmost regions of California and the Pacific Ocean by requestir)g the necessary funding to develop solutions for pollution coming into San Diego County and Imperial County waterways through the Tijuana R iver and New River, respectively. The passage of the proposed resolution by the San Diego County Division would provide support for the restoration of much needed funding and development and implementation of long -term solutions to address serious water quality and contamination issues, such as discharge of untreated sewage and polluted sediment and trash -laden transboundary flows that result in significant health, environmental, and safety concerns in communities along California's southern border impacting the state . As a member of the League, I value the policy development process provided to the General Assembly. I appreciate your time on this issue . Please feel free to contact me at jritter@ ci tyofvista .com if you have any questions. Sincerely! ~ Judy Ritter Mayor City of Vista 200 Civic Center Drive, Vista, Ca liforn ia 92084-6275 I P: (760) 63~30 I F: (760) 639-6132 I E: jritter@c ityofvlsta.com I cityofvlsta.com CITY OF BRAWLEY Augu st 15, 2019 Jan Arbuck le, President league of California Cities 1400 K Street, 4 1h Floor Sacramento, CA 95814 Dear President Arbuckle: ADMINISTRATIVE OFFICES 383 Ma i n Str ee t Bra wley, CA 92227 Phone : (760) 351-3048 FAX: (760) 351-3088 As on e Co un cil Member of th e City of Brawley, and i n my i ndivi dual capaci ty and not on behalf of the Council as a body or th e City, I write in support of the League of California Citi es 2019 Annual Conferen ce Resolu t ion proposed by th e San Di ego County Divi sio n to address the transboundary r iver flow pollution impacting ci ties i n San Diego and Imperia l Counties . Th is resolution ca lls upon the f ederal and sta t e governments to address the devastating impacts of international transboundary po llution fl o ws into the southernmost reg ions of Ca liforn i a and the Pacific Ocean by req uesting the ne cess ary funding to develop solutions for pollution coming into San Diego County and Imperial County waterways through th e Tijuana River and Ne w River, re spectively. The passage of the propose d resolution by the San Die go County Divi sion would provide support for the restorat io n of much need e d fu nding and d evelopm e nt and impleme ntation of long-term so lutions to address se ri o us w ate r quality and co ntaminatio n issues, suc h as discharge of untreated sewage and polluted se diment and trash-laden transbo undary fl ows that res ult in sig nifica nt hea lth, environmental, and sa fe ty concerns in co mmunities alo ng Ca lifornia's so uthern bo rder impacting the state. As a member o f the l eag ue, I value th e policy development process provide d t o the General Assembly . appreciate your time on this i ssue . Please feel f ree to contact me at (City email} if you have any question s. Sincerely, Luke Hamby City Cou ncil Member City of Brawley 56 CITY OF BRAWLEY August 15, 2019 Jan Arbuckle, President League of California Cit ies 1400 K Street, 4111 Floor Sac ramento, CA 95814 Dear President Arbuck le: ADMINISTRATIVE OFFICES 383 Mai n Street Brawley, CA 92227 Phone: (760) 351-3048 FAX: (760) 35 1-3088 As one Co uncil Member of the City of Brawley, and in my individua l capac ity and not on behalf of the Council as a body or the City, I write in support of the League of California Cities 2019 Annual Conference Resolution propose d by the San Diego County Division to address the transboundary r iv er flow pollution impacting cities in San Diego and Imperial Counties. This re so lution calls upon the federal and state governments to address the devastating impacts of international transboundary pollution flows into the southernmost regions of California and the Pacific Ocean by requesting the nece ssary funding to develop solutions for pollution coming into San Diego County and Imperial County waterways through the Ti juana River and New River, respective ly. Th e passage of the proposed resolution by the San Diego Cou nty Division would provide support for the restoration of much needed funding and development and implementation o f long-term solution s to address serious w ate r quality and co ntamination i ss ues, such as discharge of untreated sewage and polluted sediment and trash-lad en trans boundary flows that re sult in sig nificant health, environmental, and safety concerns in communities along California 's so uthern border impact i ng th e state . As a member of the League , I value the policy development process provided to the General Assembly . appreciate your time on this issue . Please f eel free to contact me at (City email) if you have any questions. Nor stner-Jaure Mayor Pro -Tempore City of Brawley - 57 CITY OF BRAWLEY August 15, 2019 Jan Arbuckle , President League of California Cities 1400 K Street, 4'h Floor Sacramento , CA 95814 Dear President Arbuckle : ADMINIST RATIV E OFFIC ES 383 Main Street Brawle y, CA 92227 Phone : (760) 35 I -3 048 FAX: (760) 35 I -3088 As one Council Member of the City of Brawley, and in my individ ual capacity and not on behalf of the Council as a body or the City, I write in su pport of the League of California Cities 2019 Annual Conference Resolution proposed by the San Diego County Division to address the transboundary r iver f low pollution impacting cities in San Diego and Imperial Counties. Th is resolution calls upon the f ederal and state governments to address the devastating impacts of international transbo und ary pollution flows into the southernmost regions of California and the Pacific Ocean by requesting the necessary funding to develop solutions for pollution coming into San Diego County and Imperial County waterways through the Tijuana River and New River, respectively. The passage of the proposed resolution by the San Diego County Division would provide su pport for the restoration of much needed funding and development and implementation of long-term solutions to address serious water quality and co ntamination issu es, such as discharge of untreated sewage and polluted sediment and trash-laden transboundary flows that result in significant hea lth, environmental, and safety concerns in communities along California's southern border impacting the state . As a member of the League, l value the policy development process provided to the General Assembly. appreciate your time on this issue. Plea se fee l free to con tact me at (City email) if you have any questions . Sincerely, Sam Couchman City Council Member City of Brawley 58