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Home My WebLink About _ 4.1(a)--League of California Cities 2024 Annual Conference Resolution � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: October 15,2024 FROM: Barry Tippin, City Manager ITEIVI NO. 4.1(a) ***APPROVED BY*** btippin@cityofredding.org "S' �p�an,�`i K i�r� � I t�.'�I�Q2� btippin@cityofredding.org SUBJECT: 4.1(a)--League of California Cities 2024 Annual Conference Resolution Recommendation Authorize the following position regarding a resolution being considered by the League of California Cities at its annual meeting on October 18, 2024: establish a support position on a resolution calling on the State Legislature to enact laws that ensure "what applies to one, applies to all" in the fair and equal treatment of all governmental officials at all levels in the State of California. Fiscal Impact There is no fiscal impact in taking a position on these resolutions. Alternatzve Action The City Council could modify the staff recommended positions on the resolutions. Backg�ound/Analysis The League of California Cities (League) will consider one resolution at its annual conference scheduled for October 16-18, 2024. The L,eague would like each member city to establish a position on the resolution prior to the annual meeting, and provide direction to the voting delegate. The resolution, along with background materials, is available online. The resolution and staff recommendation are as follows: Resolution No. l: Fair and Equa1 Treatment of All Government Officials at All Levels The resolution, submitted by City of Glendora, seeks legislation to ensure that "what applies to one, applies to a11" in the fair and equitable treatment of all governmental officials at all levels in the State of California. Report to Redding City Council October 8,2024 Re: 4.1(a)--League of California Cities 2024 Annual Conference Resolution Page 2 The proposed resolution states in part, that the General Assembly of the League of California Cities objects to the practice of the California State Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California. Specifically, "The California State Legislature sha11 not enact, and the Governor shall not approve, any 1aw 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 sha11 not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution." This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the Sate of California include,but are not limited to: • California's open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9 §§ 54950 et seq.; • "One-off' exemptions, in the form of Senate Bi11 No. 174, from the California Environmental Quality Act("CEQA"); • Rules, in the form of Senate Bili No. 1439, amending the Political Reform Act (the "Act"); and • Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office,but not to candidates for state-wide office. Ralph M. Brown Act (Brown Act) The California Attorney General's (AG) Office defines the Brown Act as a public access law that governs meetings conducted by local legislative bodies such as boards of supervisors, city councils and schoolboards. The AG's office states the Act represents the I,egislature's determination of how the balance should be struct between public aceess to meetings of multi- member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other. Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public. Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. Nowever, state agencies have Inore flexibility than]ocals in that regard. California Environmental Quality Act("CEQA") and Senate Bill No. 174 The resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. Report to Redding City Council October 8,2024 Re: 4.1(a)--League of California Cities 2024 Annual Conference Resolution Page 3 SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statues of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the CEQA. In this example the Legislature exempted themselves as not being considered a"pubic agency," "state agency," or"lead agency" under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA. Over the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well. The Political Reform Act(PRA)—Senate Bi11 No. 1439 Chapter 848, Statues of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents, in a proceeding involved a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12-month period. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses. The Political Reform Act(PRA)—Assembly Bill No. 571 Chapter 556, Statues of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits. The Fair Political Practices Colnmission clarifies in their AB 571 facr sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county could set a contribution liinit higher than the default state liinit. AB 571 sets a default limit in line with contributions Assembly Members and Senators have if a city or county is silent on contribution limits. An additional example, this year, AB 2561 (McKinnor) was introduced, which requires local governments to present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. League of California Cities states this is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates. Additionally, there were several bills that aim to amend the Levin Act, which now applies to local elected officials, to make changes to SB 1439. None of the bills would amend the law to be applicable to Assembly Members or Senators. Council Priority/City Manager Goals This agenda item is a routine operational item. Attachments ^Cal Cities 2024 Resolution Draft Cal Cities 2024 Annual Conference Resolution Packet y a � ti4(1ir ; �w. .�.a. '� � r ti�r%r<. �,,� 1, A RE�OLIJTIC'��I C}F THE GENERAL A,�SEM[�LY C3F THE LEAtsUE C}F CALIFaRN1A, CITIE� CALLIIVG FaR THE CALIFC?RNIA LEGMSLATURE Tt7 ENACT LAWS �'HAT EPISURE THAT "WHAT APPl1ES Tt7 �NE, APPLIES T� ALC" 1 TME FAIR AhID EQUAL�'F�E�►TMENT'4F ALL GO!lERN ENTAL t�FFICIALS AT ArLL LEVELS IN THE 5T TE �F CALIFC}RNIA Source: City af Glendora Cc�ncurrence c�f five c�r mare citi��/city officials City CJfficia{s: April A. Verl�to, tvlayor, City of Ar�adia; Rak�ert �onzales, Mayor, �ity c�f Azusa; Tim He�burn, Mayc�r, City of La Verne; Bill Uphc�ff; Mayor, �ity c�f Lc�mita; Jc�hn M: Cr�ikshank, Mayor, City of RanchQ Palc�s Verdes R�ferred ta: �avernance, Transparency and Labor �elafiians policy �ommittee HEREAS, the General Assernbly c�f the L�ague af �alifornia Cities objects to the pracfiice c�f the California Legislature c�f imposing rules limiting authority c�r regulc�tir�g the cc�ndu�fi af Ic�cal municipal officials that dc� nc�t alsc� apply fa elecfied c�fficials of the State of �alifiornia; and WHEREAS, examples af such rules ar regulations that apply tc� local city elected c�fficials that do not otherwise apply to the elected Officials c�f fihe State of Califvrnia include, but are not fimited fio: California's c�pen meetin� rules, cc�dified in the Ralph M. Brawn Act, �overnment �ade, Chapter�, §§ 54950 et seq., which purport to "declare[l that the public cc�mmissions, baards and councils and fihe other public agencies ir� this State exi$t tc� aicl in the conducfi of the peopl�'s business. It is the intent o� the law that their actions be tc�ken openly and that their deCiberatic�ns be concfucted openly," but which limi�s its application to "taca[ ac�encies,'' but nc�t incCuding elected officiafs of the State af �alifr�rnia; Creating '`one-aff" exem�tidns, in the forrr� of 5enate Bil1 No. 174, frc�m the Califc�rnia Envirc�nrn�ntal Quality Aet ("CEQA") which purportedCy reqvires all g,overnment agencies tc� cc�nsrder the �nvirQnrnental consequenc�s of their actians before approving plans and palicies c�r cc�mmitting tc� a caurse c�f action �n a prc�ject in c�rder fio demc�lish and th�n rebuild State offices fc,r the �overnar and other State afficials; 7 a � �° ' � "�.` � � > � 5{��,� {��<. ,4dopting rules, in the fc�rm of Senate Bill No. 1439, amending fihe Polifii�al Reform Act (the "Act"�, by removing fihe exception far local elected affiicers from cantributic�n lirnits req�iring disqualific�tion on develc�pr�ient project decisions,,, but not including elected officials of the State of �aliforni�; Adapting rules, in the form c�f Assembly Bill �1Q. �71 , that apply to city and cdunty candidates for local elected c�ffice, but not to candidc�tes fc�r state-wide office, including, buf nat limifed ta: prc�hik�iting the making a contribution over the AB 571 limit to anofiher candidate in jurisdictions subject ta tf�e AB 571 ; requiring a candidate that has qualifiied as a cc�mmittee to �stc�blish a separate controllecS committee and campaign bank accc�unt for each specific c�ffice; prohibiting a candidate frc�m redesignating a committee far one election fr�r anc�ther�lection. HEREAS, th� Gen�ral Assernbly of the League c�f Califarnia Cifies now calls upon the Gcrvernc�r and the Calif�rr►ia Legislatur� to adapt a policy, pracfice, and prc�cedure requiring, in their legislative acfiivifiies, that "vvY�at appli�s #a ane applies ta all.,, N+tJV11, THEREF�RE, BE IT RE�OLVED at the League General Assernbly, assembled at the Lec�gue Annual Cc�nference on tJctaber 18, 2024 in Lang Beach, Califc�rnic�, that the Leagve �alls upcan the Gc�v�rnor o# fihe State c�f Galifornia and the �Iected members c�f the Califarr�ia Legislafure, including all rnembers r�f the Senate an�! Ass�mbly ta adopt the follawing palicy: "The �a/ifarnia �tat� Le�islature shal► nof enact, and the Ga�vernc�r shal/ n�t sign rnto law, any law or regv►ation that crppli�s solefy ta elecfied �fficials af California cities and counties, un►ess such ►aw �r regrulation aisa app/ies equc�lty to m+�mbers nf the c�r;�orn�� s��t� ��s��ry �nd s�n�t�. rn'� prohibition shall not appty t�iaws or regvlation� affecti�g the inherent pav�ers c�f the legislative branch under the Califarnia Canstitufion." 8 �� ' �� ttx�it�il� .. .. C y t7 tj} 4 SJ )fi}k(i f a s� ;t ir 7 i�iii 2023-2024 August 28, 2024 CAL CITIES OFFICERS ��,� TO: Mayors, Council Members, City Managers, and City Clerks Daniel T.Parra Mayor RE: Cal Cities 2024 Resol�tion Packet Fowier Sixty days before the Cal Cities A��ual �c�r�f��r�� r�c4 Ex c�, Cal Cities ��'��°�� members may submit resolutions on issues of importance to cities. This year, �ynne Kennedy Cal Cities received one resolution by the Aug. 17 deadline. Mayor Pro Tem, Rancho Cucamonga The attached packet contains the proposed resol�tion, s�pporting letters ��a�w�� from city officials, and an analysis of the resolution by Cal Cities. The Gabe Quinto packet includes detailed information on the resolution process. Council Member, EI Cerrito We encourage each city council to consider the resolution and determine g��s�� a city position so your voting delegate can represent yo�r city's position on Ali Sajjad Taj the resolution. Mayor Pro Tem, Artesia Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two ��'��'°��°��fi�� alternate delegates. If your city has not already done so, please appoint `��'�� your voting delegate by Sept. 25. Th�, vo�i�� d�C�c�� a�k�� contains Carolyn M.Coleman more information. The Cal Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center d�ring the �n�uc�lw��f�r��c� c�nc� Ex �. For questions about resolutions, voting delegates, or the General Assembly, please contact Zc��h S�als. b�• - ��• � � � • e � e � � � � •• , � , � � r zt� t�.�� t�}t ' � . � ....�. f� t }{ t ' S � lt� (�3 i} ft I�t;t t j n��}��}2{t}{r� .. S' . i{) .... ��i'%.''� t � �� n � � � }t�iF: Information on 2024 Resolutions Process Consideration by Policy Committee (pre-conference) Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the �e�verr�a��, Trar�s ��r�c , c�� L��a�� R�Ic�fi��s Pc�lic �c�rr�rr�itte�. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting h�r�. A list of recommendations the policy committee may make during its meeting are on page three of this packet. Consideration by Resolutions Committee (during conference) On Oct. 17 at 1 :30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee. The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period wili be held d�ring the meeting. Refer to the onsite conference program for the location. A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet. Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth. Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet. Petitioned Resolutions (during conference) The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10� of inember cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 � � � � �{�� .��u�� k�rft�t��$�f,{ ��"1 BF�7��1� � ��,� r - tl � � � - � � - � � � � � � � � � � � � � � � - � � �� - � � � � � - � � � �� - � � � � � � � � � � � � - � � � � � � � � � � s � � � tl � � � - � � - � � � � e � � � � � - o � « � � � � � � � � �� - � - - � � � � � � � � � � � � � - � . - � � � - � � � � �� - � � � ),5��'��n��2�.��i�U�� {si7�t t�� k �i t i' � 1 �� a r I��l�r�}�8�si�,v�t7r�'As7�S.�7t�t><,tdr.:�}s>,h, r.r�.,;�,.r..,,s.�„,...t7....... . .... . . . . General Resolutions ca� cities �oiicy ' Paliey Committees d��relc�pment is a rnember- Sixty days before the � � � The Cal Cities r��`�� I�r�� ' — Annual Canference President assigns �� y�� and Expo, Cal Cities • � • general resolufiions ��I��i��s c�f city c�fficials members may s�bmit �h. to policy committees �I�rc�ught�u�fihe sfiafie. ' poliey proposals on ��'� where members issues of importance review, debate, and recommend The Resalufiions �ommiftee ' ta cities.The resolution m�st pQ�(tians for each policy proposaL incl�des representatives have the conc�rrence of at least ��commendafiians are forwarded frorn each Cal Cities five additional member cities or to the Resolutions �ommifitee. di�ers�ty caucus, regic�r�al individual members. di�istc�n, municipal , depar�rnent, and pc�licy ��rr��t,4;U?rr»,�s'�({�i��" �,,4 '{F� � � r, t � , eorr�'mi�tee, C1s well as 7 � w t 1 � �:�� ` individuals appoir�ted by�� # �� %t�(� J t �4 . � . . f{ S�� 1!15�.6dtY�?at�fin 7�d ,t1�}v t t,��.t�,t 4,rz,w� � i.,,ty 5�,,�,,�V., .;,r. ,, ,;��, . , j C„,. the Cal Cities presidenf. titi S 1 ti S S 1 fii s itt The petitioned � • � The Resolufiions V�� — resolution is an Committee cansiders �� I�K��t�� Y'�� ' alternate method � • � all resolutions. General r�er�'7ber city; every cifiy ' to introduce palicy Resolutions approved' by �� Q��'�t�� - propasals during � `,�� eifher a policy committee �� ; � � the annual conference.T9�e or the Resolutions Comrnittee are next 1�� ral Assembly is a petifiion musf be signed by considered by the General Assembly. meeting of�he collective voting delegates from 10%of General resolutions not approved, or bc�dY of a11 vc�tEng member cities, and submitted to refierred for further study by bath a dele�ates-an�'from the Cal Cities President at least policy committee and fhe Resolutions �very mecnber city. 24 hours before the beginning Gommittee da not go ta the General ' ' of the General Assembly. Assembly.All Petitioned Resolutions ��v��'��''�Y �Q��t'�� are considered by the GeneraB �� f��Q�� t�� Y�� Assembly, unless disqualified.2 to review and re�ommend I pc�sitions to take c�n k�ills and regulatc�ry pr�pt�sals: 't�� Pol�cy cc�rnmi��ees inciude ,; C I SS lY mer�bers from eaeh Cal • � • Durin the General Assembl votin dele ates Cities diversity caucus, ' �•�• •�'• e• g Y� � � re ional di�ris�an. ar�d •�•;•;•;• 1� debate and consider general and petitioned � • •�!• • resolutions farwarded by the Resolutions ra'�unieipal deparfinent, Committee. Potential Cal Cifiies bylaws �s wele c�s indir�id'uals amendments are also considered at this me2tsng. appointed by#he Cal ' Ci�ies president. 'The Resolufiion Commifitee can amend a general resolution prior to sending it to the General Assembiy. 2 Petitioned Resolutions may be disqualifed by the Resoiutions Committee according to CaI Cities Byiaws Article Vi.Sec.S(f). L F�� r �fi�� sifi � .�c�l��i�sm�r ,� ��r i��ss� I� t � �� n � � � }t�iF: Policv Committee and Resolutions Committee Actions The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution. Policy Committee Actions Resolutions Committee Actions Approve Approve Disapprove* Disapprove* No Action No Action Amend and approve Amend and approve Refer to appropriate policy committee Approve as amended for further study* Refer as amended to appropriate Refer to appropriate policy committee policy committee for further study* for further study* Refer as amended to appropriate policy committee for further study* Approve with additional amendment(s) Additional amendments and refer to appropriate policy committee for further study* *If a resolution is disapproved or referred for further study by ali policy committees to which it is assigned and the Resoiutions Committee, it wiil not proceed to the Generai Assembiy. 3 t � �� n � � � }t�iF: General Assemblv Votinq and Discussion Procedures Discussion Procedures: Discussion procedures during the General Assembly are guided by two calendars: the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resoivtions Committee. For General Resolutions: Policy Committee Resolutions Committee Calendar Recommendation Recommendation A rove A rove Consent Calendar A rove Disa rove or refer Re ular Calendar Disa rove or refer A rove Re ular Calendar Disapprove or refer Disapprove or refer poes not proceed to General Assembl For Petitioned Resolutions: Policy Committee Resolutions Committee Action Calendar Recommendation A rove Re ular Calendar N/A Disa rove or Refer Re ular Calendar Disqualified Does not proceed to General Assembl Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote. Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion. Voting Procedures: Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be cond�cted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly. 4 t � �� n � � � }t�iF: 2024 Resolution 1 . Resol�tion on Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Giendora • �etters of concurrence submitted by: i. April A. Verlato, Mayor, City of Arcadia ii. Robert Gonzales, Mayor, City of Azusa iii. Tim Nepburn, Mayor, City of La Verne iv. Biii Uphoff, Mayor, City of Lomita v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee • Policy Committee Recommendation: • Resolutions Committee Recommendation: 5 t � �� n � � � }t�iF: Resolution No. 1 : Fair and Eqva1 Treatment of All Governmental Officials at All Levels s u b m itted by City of Glendora 6 t � �� n � � � }t�iF: 1. A RESO�UTION OF THE GENERAI. ASSEMBLY OF THE I.EAGUE OF CA�IFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT "WHAT APPLIES TO ONE, APPLIES TO A��" IN THE FAIR AND EQUA1. TREATMENT OF ALL GOVERNMENTAI. OFFICIAI.S AT ALL LEVELS IN THE STATE OF CALIFORNIA Source: City of Glendora Concurrence of five or more cities/city officials City 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 Referred to: Governance, Transparency and Labor Relations Policy Committee WHEREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to: California's open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to "declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly," but which limits its application to "local agencies," but not including elected officials of the Stafie of California; Creating "one-off" exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act ("CEQA") which purportedly requires all government agencies fio consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials; 7 t � �� n � � � }t�iF: Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the "Act"), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions," but not including elected officials of the State of California; Adopting rules, in the form of Assembly Bill No. 571 , that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571 ; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election. WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California �egislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that "what applies to one applies to all." NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the �eague Annual Conference on October 18, 2024 in �ong Beach, California, that the League calis upon the Governor of the State of California and the elected members of the California �egislature, including all members of the Senate and Assembly to adopt the following policy: "The California State Legis►ature shall not enact, and the Governor shall not sign into law, any law or regviation that applies solely to e►ected officials of California cities and counties, unless such law or regvlation also appiies equally to members of the California State Assembly and Senate. This prohibition shall not appiy to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution." 8 t � �� n � � � }t�iF: Resolution No. 1 : Letters of Concurrence 9 :� ��a� � � ��`�� x �� `'��,�� ` � � �~�� %�`°� � ��°�� $�� , � � �� { � �.�� "€�c�t��1��c�., �t��c:�� I�fc��i� ��:! �.. �� r� �� .:�� .�� 7uly 10, 2024 ��_,��.��ei��.��.��- The City Council of Glendara is proposing the following resolution for consideration at the California League of Cities annual conference on October 18,2024 Proposed Resolution: ("To ensure fairness and equal treatment for all government officials in � � California") �� "The Califo�nia State�egislatu�e shall not enact, and the Gove�no�shall not app�ove, any law o��egulation that applies solely to elected officials of Califo�nia �� cities and counties,"�unle�s such�Zaw��o� �egulation�also applies�equaZly to memb�rs �� of the Cali.f'o�nia State Assembly and Senate. This p�ohibition shall not apply to laws o��egulations affecting the inhe�ent powe�s of the legislative br�anch unde� the Califo�nia Constitution. " The following five city council members are in concurrence with their letters of support (attached): ✓ Mayor John Cruikshank, City of Rancho Palos Uerdes ✓ Mayor Bill Uphoff, City of Lomita ✓ Mayor Robert Gonzales, City of Azusa ✓ Mayor Apri1 Verlato, City of Arcadia ✓ Mayor Tim Hepburn, City of La Verne Please confirm receipt of this request. Sincerely, N a�., �°'�� +�="`�,�r'`" � ��„�� :,�"��;,«�*""�;*„�*�.,:��,�^ra�^�`�,„„ .� . � � �� ,.�.. ,.�„„.��" u,..�� . . „-,� ... . . . . . . � .... Michael Allawas Council Member City of Glendora � � � �" � � �" � � � � ti t € i � � � � � :, , t ��,�� r��r��o-�.�t�rl:atr.� .� a�. �C# �"�� !�� i��r�`��i�y�c��r��rr�� '��. � t�� . �� ,��7�� :�� t r� �� 1�� $� �3��r��t� "`�rs��rr��r�� : � ��ca�� c�� a�ft�r�� r�"�t��h��t��i �� r� �t�2��ra ��`tt�� i��d�� r��€�t�t��t�i�� ra�r��.��. ��°��f �� :#�1�� 5�1� , � � : � �� +�� t � �� a� � �� rl� �� t� +�1 � �� i� �� t��c� � h �� 1�� ` � �� If�r�t�� t�� +� �t� �t�� < "��ta� ��F��s ��I r� �;�� t� � e�� ti�� i � �� w� ��a� i�l�t��e� r��a� r�� a�� rt�� : ��r� ��+��r�c��r r ��t��°��s#y� t��t�„�r�� a�� s�� '��rr��r� t��r��w �� d��: rr�� r��k��. �°t� ��i'� ��1�.'�� i�� i��r ��s7�r�z�;u��a r.:.,��+��a�'�r«�� r:� 'r�:�a t�t1�#�?1 ��Si .�a"a ��s#��l ,t�'��, �.�:;-�4"s��c��'s'9 ax��a�i�r��^,��a',�t,�.�a�k� xo-avs�.,�sa��$s;at�,��,�sv 11 July 8,2024 Hon.Michael Ailawos Glendora Ci�y Councilmember 116 E,Foothil)Blvd. Glendora,CA 91741 Re:Support for"Glend�ra`s CalCities Resolufion„ Councilmernber Allawos: �would like to support Glendara's timely and needed resolution below for the up�oming CalCities annual conference this coming Octaber 18,2024: '"The California State Legislature shall not enact,and the Governor sha11 not approve,any law or regulatian that applies solely to elected officiaCs of California cities and counties,unless such!aw or regulation al�o applies equally ta members of the California 5tate Assembly and Senate.This prat►ibition shall not apply to laws or regulati�ns affecting the inherent powers of the legislative branch under the California Cons�itution" i am an elected representative for the City of Azusa.We should a!i have the same rules to be gaverned by. 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Gt�rtdti��,�A�1741 ��:Sup�c�r�frsr°`Ca[�r�cios��'s G�atCities l�esotutinn'* C��:ar�i�uncitr�t�mber�l�awc��: I vv�ut�i like tea be�vc�ic�af�uj��t frsr t�t�ndt�r�°s t€mely�r�d needed resci��aticrr�beEaw fcsr t#��t�pcaming��1Cities�rtnt��t ca�tf�:r�nce this�e�mir�g CJcttaber 1�,2t32�: "7'h+��[�fc�rnr"�5tai�Legistature sh�Ct r�c�t e��t,��d t�a�a t�c�verrtcar sh�tt rrc�t apprrr�r�, any#�w�r r�,��rt�tisar� ��tat ap�aties scrt�t}r to �t�+�i��cJ s�f�icr"�C,s of�atifc�rr�F� c�ti�s �n� cc�unt��es, c�nt�ss sucit tavir tsr re,��rta�ion ;�tsc+ ;��apti�� ec�u�tty i�o members r�f t�� Ca[efarraia St�t�Assem�b[,�arad S�rrat�. Th�s�rrc►h�blt�c�ra shatl nca#��r�rty tca 1�ws car r�gut�#iaras affecten��tl�e int�e��rrt��w�r��tla�!e�`i�t�t�v�br�r�cfa untl�r th�C�i�fcsr�ria �an�tituttca�." 1�rn�n e[��t�d r��rr�s�:r��tive f�ar c�ur rees�s��tiue city,�c�urr�y,�r�d�t�t��caver��nc�tci dc�t3�� pec��te'� wc�rk �nd kie t�teir ct�ttective vcaices. 'tt�e st�c�a�it� �[I t��v�"the s�rri� rut�s �ca b� �av�rr�e�l k�y: S'sr��et�ly; Jc�hn M. rui�sh�nk,l�laycir City c�f R r�ch�o P�tc�s V�rd�� Tfre views rrr c��ainians express��in this fet�er�re inteneied Pc��re lrsterpreted crs th�irielr"vfc�ucal�va�rk prodr�ct ca�fhe �rc�thcrr,�`hey drs r��t�rsecessa�i7y re�ect trn crfficr"erf�z�srfic�n af the City Caur�til,st�r�f c+r v�her entities. 15 t � �� n � � � }t�iF: Resolution No. 1 : Staff Analysis 16 �eaque of California Cities Staff Analvsis on Resolution No. 1 Staff: Johnnie Pina, Legislative Affairs, �obbyist Committee: Governance, Transparency, and �abor Relations Summarv: This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California �egisiature, inciuding all members of the Senate and Assembly to adopt the foilowing policy: "The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that appiies solely to elected officials of California cities and counties, unless such law or regulation aiso applies eqvally to members of the California State Assembiy and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution." Background: This resolution states that examples of the California Legislature imposing rules limiting avthority or regulating the conduct of local municipai officials that do not also apply to elected officiais of the State of California inciude, but are not limited to: • California's open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.; • "One-off" exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act ("CEQA"); • Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the "Act"); and • Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for locai elected office, but not to candidates for state-wide office. Ralph M. Brown Act T�� etli�c�rr�ics Rt��rne (�er��r�l's At� �f�ic� defines �1�� Rc�l h N1. 6r� r� �c� (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city counciis and school boards. The AG's office states the Act represents the �egisiature's determination of how the balance shouid be struck between pubiic access to meetings of muiti-member public bodies on the one hand and the need for confidentiai candor, debate, and information gathering on the other. The Rc�l�h �4 �r�wn �� governs local agencies, the �c��6��°-K��r�� a�r� �i�e�ir� �4�t covers aii state boards and commissions, and '�ov�rr�rr��r�� d� 17 90�7 governs the state �egislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency compiy with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legisiature be open and public (with exceptions for employment matters; matters affecting security; confer with legai counsel; and to meet as a caucus (Articie IV, section 7). Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legisiature. The Legisiature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and pubiic. Another notable difference between the Legislature and a city council is the ability for �egislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not ailowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legisiature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard. California Environmental Quality Act ("CEQA") The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitoi Annex building. The State Legislature enacted the C:al��carr�ic� Er�vircar�m��tal t�ua�it A�t ��C�A in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmentai impacts. S� 174 (�cammitt�� uc�c��t �� F�sc�s6 R�u��w� Chaptered by Secrefiary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This biil exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmentai Quality Act (CEQA). In this example the Legisiature exempted themselves as not being considered a "pubiic agency," "state agency," or "lead agency" under CEQA. A lead agency under CEQA is the pubiic agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA. Over the years, the Legislature has also created many CEQA exceptions and exemptions for locai projects invoiving local agencies as weii. The Political Reform Act (PRA) - Senate Bill No. 1439 S� 14�9 �C:�Ic��r� Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 appiied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officiais. Since it is focused on permits and licenses, it now applies to State agencies and locai agencies that approve permits and licenses. Section 84308 does not apply to the �egislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses. The Political Reform Act (PRA) - Assembly Bill No. 571 �� 71 �rlullir�� Chaptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembiy, effective January 1, 2021 . This bill permitted a covnty or city to establish its own contribution limits, which would prevaii over these default limits. The Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their A� 571 f��i� sh��t that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit wili not apply as a default for that jurisdiction. A city or covnty can set contribution limits higher than the default state limit, AB 571 sets a defauit in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits. Fiscal Impact: Unknown. Existing Cal Cities PolicY: Mission Statement To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. We Believe: • �ocal self-governance is the cornerstone of democracy. • In the involvement of ail stakeholders in establishing goals and in solving problems. • In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities. • Open decision-making that is of the highest ethical standards honors the public trust. • The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities' effectiveness. 19 • Partnerships and coilaborations are essential elements of focused advocacy and lobbying. • Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations. Comments: Additional Examples The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state �egislature. This year �o� 2,��1 �NI�K�r�r�c�r was introduced, which requires locai governments to present in a public meeting a detailed report abovt their vacancy rates and detailed information about their hiring practices. This is an attempt to address pubiic sector vacancy rates. This bill does not appiy to the state in a time when they are aiso dealing with high vacancy rates. Additionally, there were several bills that aim to amend the �evine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previousiy in the analysis. None of the bills would amend the law to be applicabie to Assembly Members or Senators. f��3 ��7 Pcs�h�c�a�, co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rvies for state advisory bodies the same for locai advisory bodies but the �egislature struck the bill down. Applying to elected officials or to the legislative body? Legislature or the State? The resolution also states, "... applies solely to elected officials of California cities and counties, uniess such law or regulation also appiies equaily to members of the California State Assembly and Senate." This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the "where as" ciauses are in reference to laws that appiy to cities, the state and the �egislature as government agencies and not specificaily to the elected officials on the governing bodies. For example, the Brown Act appiies rules to the Legisiative body and not the individual council member. Additionally, the city councii as a whole is the lead agency under CEQA and not the individuai council members. Inherent Powers of the Legislative Branch The resolution also states, "This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution." It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legisiative branch does have the power 20 of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legisiative branch to appiy new laws or amend existing laws to apply to generai law and charter cities. It seems like the last sentence of the resoive clause couid negate the rest of the resolve ciause if not ciarified. Support: The following letters of concurrence were received: April A. Verlato, Mayor, City of Arcadia Robert Gonzales, Mayor, City of Azusa Tim Hepburn, Mayor, City of La Verne Biii Uphoff, Mayor, City of Lomita John M. Cruikshank, Mayor, City of Rancho Palos Verdes 21