10/08/2024 Item # 6
Council Meeting
Action on City Position on
Proposed League of
California Cities 2024
moon tog
Resolution on Fair and
1852 Equal Treatment of All
THE MISSION CIT Governmental Officials at
All Levels
October 8, 2024, Item #6
City of
Santa Clara
The Conter of What's Pigsible
League of California Cities
• 2024 Annual Conference and Expo will be held in Long Beach, CA from October 16-18, 2024
• October 18th General Assembly Meeting: Member cities' voting delegates will debate and consider general and petitioned resolutions. • Resolutions approved at the General Assembly become official League of California Cities (Cal Cities) policy
POST MEETING MATERIAL 1
10/08/2024 Item # 6
City of
Santa Clara
They Center uf Vilers Possible
League of California Cities (Cont.)
• To cast a vote during the General Assembly, a city's city council must designate a voting delegate and up to two alternates to serve in that capacity.
• On September 24, 2024, the City Council designated Councilmember Park as the City's voting delegate for the Cal Cities 2024 Annual Conference and Expo.
Cal Cities encourages each city council to consider the submitted resolution and determine a city position so that voting delegates can represent their city's position on the resolution.
3 City of
Santa Clara
Tha Centerof What's Possible
Proposed Cal Cities 2024
Resolution
• City of Glendora submitted a resolution for consideration at the Cal Cities 2024 General Assembly. The resolution would ask Cal Cities to call on the Governor and Legislature to adopt a policy that states:
The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution. 2 10/08/2024 Item # 6
City of
Santa Clara
The Control Vales Possiule
Concurrence
• General resolutions submitted for consideration must be concurred by at least five member cities or individual members.
• The proposed Cal Cities 2024 Resolution received concurrence from the following officials:
- April A. Verlato, Mayor, City of Arcadia
- Robert Gonzales, Mayor, City of Azusa
- Tim Hepburn, Mayor, City of La Verne
- Bill Uphoff, Mayor, City of Lomita
- John M. Cruikshank, Mayor, City of Rancho Palos Verdes 5 City of
Santa Clara
The Confer of Whats Possible
Background
• Each year the California State Legislature introduces between 2,000 to 3,000 bills.
• Over time, there have been numerous laws enacted that apply to local elected officials or impact the actions that local elected officials are permitted to take. • Examples include the Ralph M. Brown Act, the Public Records Act, portions of the Political Reform Act of 1974, and recent laws limiting the ability of local elected officials to take certain actions related to local planning and zoning. • In each of those cases, the Legislature has found that there is a compelling need to apply the law at the local level but have not maintained consistency by applying the same laws to their own members.
3 10/08/2024 Item #6
City of
Santa Clara
The Center of What's Possiblu
Background (Cont.)
• In some situations, the underlying governmental actions are taken at the local level, not the state level, so it may not make sense to have those laws apply to state officials.
Other laws such as the Ralph M. Brown Act and Public Records Act specifically exempt members of the Legislature from their provisions, and the Legislature has approved laws that are less stringent on state officials than on their local counterparts.
7 City of
Santa Clara
The Colter of Whars Possible
Analysis
• The City's Legislative Advocacy Position (LAP) Policy establishes guidelines for advancing City positions through legislative advocacy at all levels of government and provides guidance for City officials when they are asked to review public policy matters.
• The City's 2024 LAPs do not include any specific position statement that directly applies to the proposed resolution.
• LAP Policy legislative guiding principle and certain 2024 LAPs include positions that aim to:
- Protect and/or increase local government discretion
- Support legislation that provides local jurisdictions with authority over land use decisions
- Oppose efforts that reduce local control and local jurisdictions' autonomy on certain 8 10/08/2024 Item # 6
City of
Santa Clara
The Center of Whats Possible
Analysis (Cont.)
• Potential constitutional constraint:
- Proposed resolution contains the following: "This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution."
- While the Legislature does have constraints on types of legislation that can be considered due to specific provisions within the State Constitution, for the most part the Legislature has broad latitude to approve laws as they see fit.
- If necessary, courts have the ability to review laws to ensure that they are not in conflict with provisions of the US Constitution or State Constitution; additionally, voters have the ability to reject or modify approved laws through the use of the referendum and initiative process. 9 City of
Santa Clara
Analysis (Cont.)
• Potential constitutional constraint:
- Proposed resolution includes direction to Cal Cities to "call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:"
- The Legislature does not adopt policies. To carry out the policy within the proposed resolution, the Legislature would need to approve a bill, which would then need to be signed into law by the Governor.
- Many of the examples cited as need for the bill are contained within the California Constitution and have been approved by voters, in addition to or in place of, the State Legislature.
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10/08/2024 Item # 6
City of
Santa Clara
The Center of What's Possible
Recommended Position
• The proposed resolution does not directly impact City operations, nor is there direct alignment with the City's LAPs or guiding legislative principles.
• As such, the proposed resolution requires Council consideration. • The City Council could take one of the following positions with regard to the proposed resolution: "Approve", "Disapprove", or "Abstain" • The proposed resolution may be amended during the deliberation process at the Cal Cities 2024 General Assembly and, should a resolution be adopted, further analysis will be conducted by Cal Cities staff and adjustments/compromises to the proposed actions may occur through the Cal Cities legislative advocacy process.
11 City of
Santa Clara
Staff Recommendation
1. Council discussion and action on the proposed Cal Cities 2024 Resolution, which aims to ensure fair and equal
treatment of all governmental officials at all levels; and
2. Authorize the City's voting delegate, Councilmember
Park, to cast a vote consistent with the City Council's position during the Cal Cities 2024 General Assembly.
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