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• Enters a "field fully occupied" by state law—for example, a city ordinance prohibiting the sale of firearms and ammunition on city property was determined to be valid because the state law regulating the sale of firearms and gun shows preempted discrete areas of gun regulation rather than the entire field of gun control; as such, the state law did not "fully occupy the field" of gun control. It is also valuable to consider the work of the City's key advocacy partner—the League of California Cities. Recently, Cal Cities established a working group that completed a review of Initiative 21-0016. The recommendation of that working group to the Cal Cities Board of Directors was to take no position and to direct Cal Cities staff to further study the proposal by working with appropriate policy committees. Identified in Cal Cities' initial analysis is one area of concern relative to the language in the initiative's preamble (Section 1): While the preamble references "CEQA, FEHA, prohibition against discrimination, and to affirmatively further fair housing" as noted below, the intent of this language is not included in the Constitutional text in Section 2 through 4 of the initiative. "The people of the State of California find and declare: The purpose of this measure is to ensure that all decisions regarding local land use controls, including zoning law and regulations, are made in accordance with applicable law, including but not limited to, CEQA, FEHA, prohibition against discrimination, affirmatively further fair housing. This Constitutional Amendment would continue providing state control in coastal zone; siting of power plants; development of water, communication, or transportation infrastructure (but not transit-oriented development)." Cal Cities recommends that as the expressed intent of the voters is not clearly stated in the Constitutional amendment text (Section 2 through 4), further study and assessment is needed to address outstanding questions as to how the initiative impacts CEQA, FEHA, prohibition on discrimination, and the requirement to affirmatively furthering fair housing. In evaluating whether to take a position, the Council will necessarily want to fully understand the consequences of passage of this initiative from multiple perspectives. Principally, retaining local control in decision making — particularly as it relates to housing — is of primary importance to the City. It is also beneficial to consider when the State's role is primary in requiring accountability and adherence to the same housing regulations. For example: what recourse would our city have if a neighboring city or region determines it doesn't want to comply with a state law and passes a superseding local ordinance which then has a negative impact on our city? Additionally, the City's adopted Legislative Framework guides the City's responses to proposed legislation and addresses the process by which the City will engage in advocacy efforts regarding proposed or pending legislation. Included among the guiding principles of the adopted framework is "Protecting Local Control" and Initiative 21-0016 Page 5 of 6