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HomeMy Public PortalAbout05) 7.D. League of California Cities ByLaws AmendmentAGENDA ITEM 7.D. MANAGEMENT SERVICES DEPARTMENT DATE: April 16, 2013 TO: The Honorable City Council MEMORANDUM FROM: Jose E. Pulido, City Managef' / By: Peggy Kuo, City Clerk lV/VI SUBJECT: LEAGUE OF CALIFORNIA CITIES BYLAWS AMENDMENTS RECOMMENDATION: The City Council is requested to support the League of California Cities Bylaws amendments and to advise the City's voting delegate to vote accordingly. BACKGROUND: 1. On April 2, 2013, the City Council (Council) adopted Resolution No. 13-4900 appointing City Councilmembers to serve on various governmental organizations - At that time, Mayor Pro Tem Blum and Councilmember Yu were appointed as Delegate and Alternate respectively to the League of California Cities (League). 2. On March 5, 2013, a letter was received by the City Clerk from the League requesting its members' to approve the amendments to the League's bylaws. ANALYSIS: At the League's February meeting, the League's Board of Directors approved submitting two amendments to the League's Bylaws to the membership. The proposed amendments are listed below: 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. The Board's purpose in submitting the first proposed amendment is to encourage City Council April 16, 2013 Page 2 members to seek concurrence of other cities and city officials that the subject of a proposed resolution is a substantial one, of broad interest and holds particular importance to cities. 2. The League Board may take a position on a statewide ballot measure by two- thirds vote of those Directors present. Currently, the Board may take positions with a simple majority vote. 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 Attachment "A". To be approved, the Bylaws require that each amendment must receive two-thirds vote of voting members. As provided in the League's Bylaws, the Board of Directors is submitting these amendments to the membership for approval by mail ballot which must be signed by an authorized city office, by April 19, 2013. Staff recommends that Council authorize the City's delegate (i.e., Mayor Pro Tem Blum) to vote in support of the League's Bylaws amendments. CONCLUSION: The City Council is requested to approve and support the League's Bylaws amendments which align with the City's practices for open and accountable government. Support of the League bylaws amendment does not commit cities to adopting or implementing any League position in their local communities. a 6'iNe1 M I i41 :7e1;0311 There is no fiscal impact to the current Fiscal Year (FY) 2012-13 City Budget. ATTACHMENT: A. League of California Cities Proposed Resolution Relating to League Bylaws Amendments LEAGUE 01- CALIFORNTIA CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 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`d 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`d vote of those members voting. To consult the League's Bylaws: go to www.cacities.org. 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: ballots@cacities.org. By mail to: League of California Cities Attn: Ballots 1400 K Street, 4th Floor Sacramento, CA 95814 Honorable Ronald M. George, Chief Justice And the Associate Justices August 6, 2008 Page 2 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 Vl, 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 netitioned resolutions, all other resolutions must be submitted to the Lea¢ue with documentation that at least five or more cities, or citv 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. Notwithstandine anv other provision of these bvlaws, the Leaeue Board may take a position on a statewide ballot measure by a 2/3`d 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`d vote of those Member Cities voting. These amendments shall take effect 60 days after the approval of this resolution. 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? o Yes o 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? D Yes ■ , • Ballot returned by: City Official Name City Official Title Please return this ballot by April 19, 2013 to: League of California Cities Attn: Ballots 1400 K Street, 4th Floor Sacramento, CA 95814 or by email to: ballots(a)cacities.orci or by fax to: (916) 658-8240 Thanks in advance for your participation in this important decision.