Legislation Details

File #: HIST-21706    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 3/26/2013 Final action: 3/26/2013
Title: Consideration and (If Desired) Taking of a Position to Approve or Reject Two Proposed Amendments to the League of California Cities Bylaws Pertaining to (1) Submission of Resolutions to the League’s General Assembly and (2) League Board Approval of Positions on Statewide Initiatives.
Attachments: 1. Consideration and (If Desired) Taking of a Positi - A-2__13-03-26_CMO_CITY COUNCIL_Prop Amend to League By Laws - FINAL.pdf, 2. Consideration and (If Desired) Taking of a Positi - A-2__13_03_26_ATT_CMO_League Ballot.pdf
City of Culver City, California Agenda Item Report Meeting Date: 03/26/13 Item Number: A-2 CITY COUNCIL AGENDA ITEM: Consideration and (If Desired) Taking of a Position to Approve or Reject Two Proposed Amendments to the League of California Cities Bylaws Pertaining to (1) Submission of Resolutions to the League’s General Assembly and (2) League Board Approval of Positions on Statewide Initiatives. Contact Person/Dept.: Shelly Wolfberg / City Manager’s Office Phone Number: 310-253-6008 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [X] Attachments: [X] Commission Action Required: Yes [] No [X] Date: _______________ Public Notification: (Email) Meetings and Agendas – City Council (03/19/13) Department Approval: Martin R. Cole (03/19/13) City Attorney Approval: Carol Schwab (by H. Baker) (03/19/13) Chief Financial Officer Approval: Jeff Muir (03/19/13) City Manager: John Nachbar (03/19/13) RECOMMENDATION: Staff recommends that the City Council discuss and, if desired, take a position on two proposed Amendments to the League of California Cities (League) Bylaws and (2) direct the City Manager to transmit the City Council’s votes to League staff. BACKGROUND/DISCUSSION: At the League’s February 2013 Board Meeting, the League’s Board of Directors approved submitting two amendments to the League’s Bylaws to the Membership. Consequently, the League staff sent a letter to League Membership about Proposed Amendments to League Bylaws on March 5, 2013. The proposed amendments would modify the Bylaws to provide that: 1) Resolutions submitted to the League for presentation to the General Assembly must be concurred in by at least five or more cities or by city officials from at least five or more cities; and 2) the League Board may take a position on a statewide ballot measure by a 2/3 rd vote of those Directors present. Currently, the Board may take positions with a simple majority vote. In order to potentially implement the changes to the League’s Bylaws, the Ballot questions are as follows: 1. Does your city vote to approve the amendment of Article VI, Section 2 of the League’s Bylaws relating to submission of resolutions to the League’s General Assembly as set forth in the Proposed Resolution and incorporated by reference in this ballot? Yes/No City of Culver City, California Agenda Item Report 2. Does your city vote to approve the addition of Article VII, Section 16 to the League’s Bylaws relating to the League Board vote threshold for taking positions on statewide ballot measures as set forth in the Proposed Resolution and incorporated by reference in this ballot? Yes/No. The background information as provided by the League is contained in the Attachment. Staff does not believe that taking a position with respect to these amendments would conflict with any City Council adopted policy or procedure. Should the City Council determine to take position(s) on either or both proposed Amendments, the City Manager would transmit such position(s) by submitting an appropriately marked ballot to the League. FISCAL ANALYSIS: There is no cost to discuss this item. ATTACHMENT: Proposed Amendments to League Bylaws MOTION: That the City Council: 1. Consider the two amendments presented by the League of California Cities Board of Directors, and (if desired): A. Take a position to approve (YES) or reject (NO) the amendment of Article VI, Section 2 of the League’s Bylaws relating to submission of resolutions to the League’s General Assembly; and/or B. Take a position to approve (YES) or reject (NO) the addition of Article VII, Section 16 to the League’s Bylaws relating to setting the League Board vote threshold to 2/3rds for taking positions on statewide ballot measures. MEETING DATE: March 26, 2013 AGENDA ITEM: Discussion and Vote on the League of California Cities Ballot pertaining to Bylaws Amendments and Direction to City Manager to Transmit Votes ATTACHMENTS Pages 1. Proposed Amendments to League Bylaws 1-3 1400 K STREET SACRAMENTO, CA 95814 PH: (916) 658-8200 FX: (916) 658-8240 ?Mach merr-F LEAGUE OF CALIFORNIA =CITIES' WWW.CACITIES.ORG March 5, 2013 To: League Membership From: Chris McKenzie, Executive Director Re: Proposed Amendments to League Bylaws At its February meeting, the League's Board of Directors approved submitting two amendments to the League's Bylaws to the membership. The proposed amendments would amend the Bylaws to provide that: 1. Resolutions submitted to the League for presentation to the General Assembly must be concurred in by at least five or more cities or by city officials from at least five or more cities. 2. The League Board may take a position on a statewide ballot measure by a 2/3 rd vote of those Directors present. Currently, the Board may take positions with a simple majority vote. The Board's purpose in submitting the first proposed amendment is to encourage members to seek concurrence of other cities and city officials that the subject of a proposed resolution is a substantial one and of broad interest and importance to cities. The Board's purpose in submitting the second proposed amendment is to ensure that when the Board considers a position on possibly controversial statewide ballot measures, the Board's ultimate decision represents a broad consensus of the Directors. The language of the proposed amendments is provided in the attached Resolution. To be approved, the Bylaws require each amendment must receive a 2/3 rd vote of those members voting. To consult the League's Bylaws: go to www.cacities.otg. The link is at the bottom of the page. As provided in the League's Bylaws, the Board of Directors is submitting these amendments to the membership for approval by mail ballot. Please return the enclosed ballot, signed by an authorized city official, by April 19, 2013. Ballots may be submitted by email to: baBots@cacities.org . By mail to: League of California Cities Attn: Ballots 1400 K Street, 4 th Floor Sacramento, CA 95814 Or by fax to: (916) 658-8240 Thank you for your attention to this important matter concerning the League's governance. If you have questions, please direct them to Patrick Whitnell, General Counsel at pwhitnell@cacities.org . PROPOSED RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS WHEREAS, the League of California Cities is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, the League Board of Directors at its February 7-8, 2013 meeting approved submitting the following amendments to the League's bylaws to the League's membership by mailed ballot: 1. Article VI, section 2 of the League's bylaws is amended to read as follows: "Resolutions may originate from city officials, city councils, regional divisions, functional departments, policy committees, or the League Board or by being included in a petition signed by designated voting delegates of ten percent of the number of Member Cities. Except for petitioned resolutions, all other resolutions must be submitted to the League with documentation that at least five or more cities, or city officials from at least five or more cities, have concurred in the resolution." 2. A new Article VII, section 16 is added to the League's bylaws to read as follows: "Section 16: Positions on Statewide Ballot Measures. Notwithstanding any other provision of these bylaws, the League Board may take a position on a statewide ballot measure by a 2/3 rd vote of those Directors present." Now, therefore, be it RESOLVED, that the League Board of Directors at its April 24-25, 2013 meeting in Sacramento, California, after a canvass of mailed ballots, has determined that the above amendments to the League bylaws have been approved by a 2/3 rd vote of those Member Cities voting. These amendments shall take effect 60 days after the approval of this resolution. 1/11/1111 Ballot on Bylaws Amendments City of Does your city vote to approve the amendment of article VI, section 2 of the League's bylaws relating to submission of resolutions to the League's General Assembly as set forth in the Proposed Resolution and incorporated by reference in this ballot? El Yes No Does your city vote to approve the addition of article VII, section 16 to the League's bylaws relating to the League Board vote threshold for taking positions on statewide ballot measures as set forth in the Proposed Resolution and incorporated by reference in this ballot? Yes El NO Ballot returned by: City Official Name City Official Title Please return this ballot by April 19 1 2013 to: League of California Cities Attn: Ballots 1400 K Street, 4 th Floor Sacramento, CA 95814 or by email to: ballots@cacities.org or by fax to: (916) 658-8240 Thanks in advance for your participation in this important decision.