City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: August 8, 2006

Subject/Title: Adopt a Resolution supporting League of California Cities Resolutions related to 1) Annual Conference Proceedings, 2) the number of alternate voting delegates a city may designate, 3) encouraging health and wellness in cities, and 4) the forfeiture of vehicles used in illegal speed contests and exhibitions of speed to be considered at the business meeting scheduled for September 9, 2006

Prepared by: Margaret Wimberly, City Clerk

Submitted by: Karen Chew, Assistant City Manager

RECOMMENDATION
Adopt a Resolution supporting League of California Cities Resolutions related to 1) Annual Conference Proceedings, 2) the number of alternate voting delegates a city may designate, 3) encouraging health and wellness in cities, and 4) the forfeiture of vehicles used in illegal speed contests and exhibitions of speed to be considered at the business meeting scheduled for September 9, 2006

PREVIOUS ACTION
None

BACKGROUND
The League of California Cities annual conference will be held in San Diego on September 6 through September 9, 2006. During the Annual Business meeting on September 9, 2006, the League membership considers and takes action on resolutions that establish League policy.
Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League’s eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy.

This year, four resolutions (attached) have been introduced for consideration at the Annual Conference and referred to the League policy committees. The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference. The resolutions are 1) a Resolution relating to annual conference procedures; 2) a resolution relating to the number of alternate voting delegates a city may designate, this resolution would be an amendment to the League By-Laws and requires a 2/3rds vote to approve; 3) Resolution relating to encouraging health and wellness in cities; 4) a resolution relating to the forfeiture of vehicles used in illegal speed contests and exhibitions of speed.

FISCAL IMPACT

There is no fiscal impact associated with this item.

Attachment:
League of California Cities Resolutions
Resolution

ATTACHMENTS

1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
V
2006 ANNUAL CONFERENCE RESOLUTIONS

RESOLUTIONS REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE

1. RESOLUTION RELATING TO ANNUAL CONFERENCE RESOLUTION PROCEDURES

Source: League Board of Directors
Referred to: Administrative Services Policy Committee
Recommendation to General Resolutions Committee:

WHEREAS, in November 2005, the League Board of Directors authorized the League President to appoint a committee consisting of board members and others to review the League’s Annual Conference Resolution process and to recommend any changes; and

WHEREAS, the committee identified several opportunities to improve the resolutions process, which range from substantive changes to technical clarifications; and

WHEREAS, these recommendations were considered by the League’s Administrative Services Policy Committee and Board of Directors; and

WHEREAS, because any policies included in a resolution approved by the membership would not take effect until after the close of the 2006 Annual Conference, the League Board of Directors has adopted these recommendations as policies on an interim basis for the 2006 Annual Conference Resolution process; and

WHEREAS, the League Board of Directors proposes this Annual Conference Resolution to provide League member cities the opportunity to review and approve the changes proposed for 2007 and beyond; now, therefore, be it

RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the following policies be adopted to guide the League’s Annual Conference Resolutions Process.

1. Debate During Consideration of Resolutions

A. At policy committees, the General Resolutions Committee and General Assembly, the presiding officials shall have the option to set time limits on speakers and request that speakers not repeat statements made by previous speakers.

B. City officials who are League members and others shall be permitted to speak at policy committee meetings when policy committees are considering resolutions. Only League members shall be permitted to speak at the General Resolutions Committee. However, if a League member requests, through the chair, that a non-member individual be permitted to speak to a resolution, the chair may permit that individual to briefly address the Committee. Only League members shall be permitted to speak at the General Assembly.

2. Moving Resolutions through the General Resolutions Process

A. The League reaffirms its policy adopted in 1998 by Annual Conference Resolution #2, that those resolutions that are approved by a policy committee or committees to which they were assigned but not approved by the General Resolutions Committee shall move forward to the General Assembly on a separate consent calendar.

B. All petitioned resolutions meeting the requirements of the League bylaws shall move from the General Resolutions Committee to the General Assembly, regardless of the recommendation of the General Resolutions Committee.

C. For all other resolutions, only those that are approved by the General Resolutions Committee shall move forward to the General Assembly for consideration.

3. Credentials Committee

A. The President of the City Attorneys Department shall recommend to the League President a city attorney to serve as an advisor to the credential committee to assist them in resolving credentials or voting eligibility questions.

4. Policy Regarding Advocacy Positions

A. The League reaffirms its 1953 policy regarding League positions on ballot measures and legislation:

The League should “…take action only on matters that are of broad municipal interest [emphasis in original]. In other words, it is preferable that the League act only on those matters that are of concern to a large number of cities, rather than to the cities of a given area or to an individual city. Similarly, it is unsound for the League to take an active position on a subject when the cities in the state are about equally divided on each side of the issue. It has been the attitude of the board to attempt to resolve these issues so that a large majority of cities are on one side or the other.”

5. Voting Procedures

A. The configuration of the room in which the General Assembly is held shall be arranged so that the voting delegates and alternates are seated in one area of the room and the other attendees are seated in an other area of the room; and

B. Only those voting delegates and alternates with the appropriate identifying stamps on their conference name badges shall be admitted to the voting delegate area of the General Assembly.

6. Amendments of Petitioned Resolutions

A. The General Resolutions Committee may not make amendments to petitioned resolutions;

B. If the General Resolutions Committee wishes, it may recommend by a majority vote to the General Assembly technical or clarifying amendments to a petitioned resolution;

C. Substantive amendments that change the intent of the petitioned resolution may only be adopted by the General Assembly.

2. RESOLUTION RELATING TO THE NUMBER OF ALTERNATE VOTING DELEGATES A CITY MAY DESIGNATE – BYLAWS AMENDMENT
(2/3rds vote required to approve)

Source: League Board of Directors
Referred to: Administrative Services Policy Committee
Recommendation to General Resolutions Committee:

WHEREAS, the General Assembly at the League of California Cities’ Annual Conference is an opportunity for League members to shape League policy; and

WHEREAS, the League bylaws provide that each League member city has one vote at the General Assembly; and

WHEREAS, to exercise this right to vote at the General Assembly, the League bylaws require that the city council in each League member city designate a voting delegate to represent it; and

WHEREAS, to provide for any unforeseen inability of the city’s voting delegate to attend the General Assembly, the bylaws also allow the city council in each League member city to designate an alternate voting delegate; and

WHEREAS, periodically a number of cities have found themselves in a situation in which neither their voting delegate nor their alternate was able to attend the General Assembly; and

WHEREAS, the League desires that all member cities participate in the General Assembly so that resolutions adopted at the General Assembly reflect the full perspective of the League’s membership; and

WHEREAS, allowing member cities to designate an additional voting delegate alternate will encourage such full participation in the General Assembly; now, therefore be it

RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the League allow city councils in member cities to designate one voting delegate and up to two alternates by amending section 3 of Article V (Membership Meetings) of the League bylaws as follows:

Section 3: City Delegates as General Assembly.

(a) Designation. Each Member City may, with the approval of the city council, designate a city official as the city’s designated voting delegate or and, in the event that the designated voting delegate is unable to serve in that capacity, up to two alternate voting delegates.

(b) Membership Decision-making Body. Designated voting delegates (or their alternates) constitute the League’s General Assembly.

(c) Registration for Annual Conference. For General Assemblies held in conjunction with the Annual Conference, designated voting delegates must register to attend the Annual Conference

Background Information on Resolutions #1 and #2

Source: League Board of Directors
Titles: ∙ Resolution Relating to Annual Conference Resolution Procedures
∙ Resolution Relating to the Number of Alternate Voting Delegates a City May
Designate - Bylaws Amendment
Background:
At its November 2005 meeting, the League Board of Directors authorized the League President to appoint a committee consisting of board members and others to review the issues and problems related to the League’s Annual Conference resolutions process and to recommend changes to remedy the problems. The changes would be accomplished either through an Annual Conference resolution, new board policy, changes to internal League procedures, or other mechanisms. The Committee included the following individuals:

Pat Eklund, Council Member, Novato (Chair)
Paul Leullig, Council Member, Barstow
Kara Ueda, Assistant City Attorney, Davis
Debbie Cook, Council Member, Huntington Beach
Pamyla Means, City Clerk, Irvine
Marland Townsend, former Council Member, Foster City

The need for the committee stems from the difficult and often divisive experience at last year’s Annual Conference related to Proposition 76. Issues and problems that arose at the conference included whether petitioned resolutions can be amended by the General Resolutions Committee, whether the League should take a position on a ballot measure where the membership is divided, how to fairly provide opportunities for public comment at the conference, and perceived inappropriate lobbying of voting delegates of the resolution at the conference by supporters and opponents of Proposition 76.

In addition, prior to and during the conference, city officials and League staff identified other issues and procedures related to the resolutions process that warrant evaluation and potential modification. Some are minor, technical modifications or procedural changes, while others involve resolving inconsistencies between the provisions of the League bylaws and the League’s historical practices or resolving ambiguities in our procedures.

Committee Review Process: The Annual Conference Resolutions Process Committee met by conference call four times to discuss and make recommendations on the following Annual Conference Resolutions process topics.

1. Resolutions – Referral to Policy Committees and Moving Resolutions from General Resolutions Committee to General Assembly
2. General Resolutions Committee and General Assembly – Pubic Comment
3. Credentials Committee
4. Voting Delegates
5. Resolutions – Procedures Related to Multiple Petitioned Resolutions that are Identical or Similar
6. Resolutions Related to League Positions on Ballot Measures
7. Voting and Lobbying at the General Assembly
8. Resolutions – Amending Petitioned Resolutions

The Administrative Services Policy Committee reviewed the committee’s recommendations in March and unanimously adopted the recommendations from the special committee. The League Board concurred and approved the recommendations, with the exception of the recommendation related to amending petitioned resolutions. The Board modified the recommendation regarding amendment petitioned resolutions to clarify that petitioned resolutions may not be amended by the General Resolutions Committee.

Implementation for 2006: In addition to the items included in this resolution, the committee and Board adopted a number of procedural changes that have been or will be implemented through internal staff procedures. For example, consistent with the League’s bylaws, cities must demonstrate that designation of their voting delegates and alternates are the result of council action. In the past, some cities have provided documentation of council action (or affirmed that the designation reflects council action), but many cities did not. The League has reaffirmed this requirement in voting delegate the information sent to cities.

As stated in the resolution, because the Annual Conference Resolution acted upon at the 2006 conference will not go into effect until the 2007 conference, the Board of Directors has adopted, as an interim policy, the substance of the resolution so that it can be implemented in 2006. The exception is the recommendation to increase the number of alternate voting delegates to two.

Bylaws Change: The committee recommended, and the Administrative Services Policy Committee and Board agreed, that the number of voting delegate alternates that cities may designate should be increased from one to two. This is recommended to provide greater flexibility to cities and city officials who have last minute problems with travel plans and so that their city can participate in the General Assembly and be able to cast a vote on the resolutions This requires a bylaws change, which must pass by a two-thirds vote to be adopted. Resolution No. 2 would implement this recommendation. As a bylaws change, it requires a 2/3 vote to be approved.

RESOLUTION REFERRED TO COMMUNITY SERVICES POLICY COMMITTEE

3. RESOLUTION RELATING TO ENCOURAGING HEALTH AND WELLNESS
IN CITIES

Source: Community Services Policy Committee, and
Recreation, Parks & Community Services Department
Referred to: Community Services Policy Committee
Recommendation to General Resolutions Committee:

WHEREAS, in 2004, the League adopted an Annual Conference resolution to encourage cities to embrace policies that facilitate activities to promote healthier lifestyles and communities, including healthy diet and nutrition and the adoption of city design and planning principles that enable citizens of all ages and abilities to undertake exercise; and

WHEREAS, one of the League of California Cities strategic goals for 2006 is to promote and develop safe and healthy cities; and

WHEREAS, the members of the League’s Recreation, Parks Community Services Department, which consists of professionals within city departments such as parks and recreation, libraries and human services, has expertise in the field of healthy cities; and

WHEREAS, the City, County, State (CCS) Partnership, of which the League is a member, is encouraging local government to adopt and promote policies and programs that address issues of health and well-being; and

WHEREAS, many cities currently provide health and wellness programs, promote planning principles that provide a healthy environment, and have excellent examples of successful programs; now, therefore, be it

RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the League, in cooperation with the Community Services Policy Committee, the Recreation, Parks and Community Services Department, and the CCS Partnership, work together to develop a clearinghouse of information that cities can use to promote wellness policies and healthier cities; and, be it further

RESOLVED, that this activity take the form of a toolkit on the League’s website for cities to visit in order to share, find and develop successful models of health and wellness to use in their respective communities to achieve the goal of safe and healthy cities; and, be it further

RESOLVED, that Health and Wellness programs become a topic for the Helen Putnam Awards Program beginning in 2007; and, be it further

RESOLVED, that the three groups continue to work throughout 2007 in an effort to implement this resolution.

RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE

4. RESOLUTION RELATING TO FORFEITURE OF VEHICLES USED IN ILLEGAL SPEED CONTESTS AND EXHIBITIONS OF SPEED

Source: City of Elk Grove
Referred to: Public Safety Policy Committee
Recommendation to General Resolutions Committee:

WHEREAS, according to public safety professionals, illegal speed contests and exhibitions of speed pose a real, serious threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and interfere with the right of individuals and businesses to enjoy the use of their property; and

WHEREAS, public health and safety can be enhanced when illegal speed contests and exhibitions of speed are discouraged and prevented by the enactment of local ordinances that seek to impose forfeiture of vehicles used in such events as a penalty for illegal speed contests and exhibitions of speed; and

WHEREAS, California state law does not appear to expressly authorize cities or counties to enact local ordinances that impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed; and

WHEREAS, consistent with the mission and core beliefs of the League of California Cities, providing cities and counties with the flexibility in state law to impose the penalty of vehicle forfeiture for illegal speed contests and exhibitions of speed enhances public safety and facilitates local control; now, therefore, be it

RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Diego, September 9, 2006, that the League co-sponsor state legislation to expressly authorize cities and counties to impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed.

Background Information on Resolution #4

Source: City of Elk Grove
Title: Resolution Relating to Forfeiture of Vehicles Used in Illegal Speed Contests and Exhibitions of Speed
Background:
Street racing is a growing concern not just in the City of Elk Grove, but in many communities statewide. In order to protect public health, safety, and welfare, cities and counties may seek to enact ordinances to address this problem, including ones that would impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. Unfortunately, state law does not appear to expressly authorize cities or counties to enact such ordinances and they may be vulnerable to court challenge.

The City of Elk Grove is submitting this resolution to seek League co-sponsorship of legislation that would expressly authorize cities or counties to enact local ordinances – at their discretion – that may impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD IN SUPPORT OF THE FOUR RESOLUTIONS TO BE CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING TO BE HELD ON SEPTEMBER 9, 2006.

WHEREAS, the League of California Cities Annual Business meeting will be held on September 9, 2006, and

WHEREAS, the League membership considers and takes action on resolutions that establish League policy, and

WHEREAS, the League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference; and

WHEREAS, this year, four resolutions have been introduced for consideration at the Annual Conference and referred to the League policy committees.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does support the following resolutions to be considered at the League of California Cities Annual Business meeting to be held on September 9, 2006;

1) a Resolution relating to annual conference procedures;
2) a Resolution relating to the number of alternate voting delegates a city may designate, this resolution would be an amendment to the League By-Laws and requires a 2/3rds vote to approve;
3) a Resolution relating to encouraging health and wellness in cities;
4) a Resolution relating to the forfeiture of vehicles used in illegal speed contests and exhibitions of speed

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th Day of August 2006 by the following vote:
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov