HomeMy Public PortalAboutR2019-083 RESOLUTION R2019-083
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NAPA, STATE OF CALIFORNIA, ESTABLISHING
PROCESSES FOR ENCOURAGING ACTION BY OTHER
GOVERNMENTAL AGENCIES (SUPPORTING OR
OPPOSING LEGISLATION, REGULATIONS,
ADJUDICATION, OR BALLOT MEASURES)
WHEREAS, the City Council establishes the goals and priorities of the City, as
articulated through, many legislative and policy actions, including the adoption of
ordinances and resolutions, as well as the articulation of Council goals and priorities
during the annual Council Workshop, and the ongoing processes of adopting and
implementing the City Budget; and
WHEREAS, on April 7, 1998, the City Council adopted Policy Resolution No. 31,
by which the Council authorized the City Manager to send letters of support or
opposition to legislation proposed by other governing entities that are consistent with
City goals and priorities; and
WHEREAS, on October 16, 2012, the City Council adopted Policy Resolution No.
33, Resolution No. R2012-133, by which the Council established the processes by
which the City Council will approve policy positions to encourage, but not require, action
on matters outside the City's direct regulatory authority (for example, requests to take a
position on a proposed ballot measure); and
WHEREAS, there have been requests for the City to document a policy position
on matters that are outside the scope of previous Policy Resolution Nos. 31 and 33,
summarized above, which have led to the City Manager's recommendation to clarify the
processes by which the City will document its policy positions in accordance with this
resolution; and
WHEREAS, the City Council has considered all information related to this matter,
as presented at the public meetings of the City Council identified herein, including any
supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa,
as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this
Resolution are true and correct, and establish the factual basis for the City Council's
adoption of this Resolution.
2. The City Council hereby approves the policy entitled "Processes for
Encouraging Action by Other Governmental Agencies (Supporting or Opposing
R2019-083 Page 1 of 2 August 6,2019
Page 1 of 5
Legislation, Regulations, Adjudication, or Ballot Measures)," attached hereto as Exhibit
"A," and incorporated herein by reference.
3. The City Council hereby repeals Policy Resolution Nos. 31 and 33, as
identified in the recitals to this resolution.
4. In accordance with Resolution R2016-162, the City Council hereby: (a)
authorizes and directs the City Manager to designate this resolution as a City Council
Policy Resolution; and (b) authorizes and directs the City Clerk to organize and publish
this resolution as a part of the City Council Policy Resolutions.
5. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Napa at a public meeting of said City Council held on the 6th day
of August, 2019, by the following vote:
AYES: Sedgley, Alessio, Gentry, Luros, Techel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: -/qAakv Ceti
Tiffny Carranz
City Clerk
Approved as to for:
Michael W. Barrett
City Attorney
R2019-083 Page 2 of 2 August 6,2019
Page 2 of 5
n
on matters outside the City's direct regulatory authority (for example, requests to take a
position on a proposed ballot measure); and
WHEREAS, there have been requests for the City to document a policy position
on matters that are outside the scope of previous Policy Resolution Nos. 31 and 33,
summarized above, which have led to the City Manager's recommendation to clarify the
processes by which the City will document its policy positions in accordance with this
resolution; and
WHEREAS, the City Council has considered all information related to this matter,
as presented at the public meetings of the City Council identified herein, including any
supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa,
as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this
Resolution are true and correct, and establish the factual basis for the City Council's
adoption of this Resolution.
2. The City Council hereby approves the policy entitled "Processes for
Encouraging Action by Other Governmental Agencies (Supporting or Opposing
R2019-083 Page 1 of 2 August 6,2019
Page 1 of 5
EXHIBIT A
Processes for Encouraging Action by Other Governmental Agencies
(Supporting or Opposing Legislation, Regulations, Adjudication, or Ballot
Measures)
1. Purpose and Scope: This Policy Resolution entitled "Processes for Encouraging
Action by Other Governmental Agencies" may be referred to herein as "this Policy."
The purpose of this Policy is to clarify the processes by which the City Council, the
City Manager, or the Mayor may act on behalf of the City to document a "City Policy
Position" on a proposed "Governmental Action" or "Ballot Measure," as defined
herein.
2. Definition of Terms: As used in this Policy:
"Ballot Measure" shall mean any initiative or referendum that is proposed to be
considered for approval by voters at an election for a public entity.
"City Goals" shall mean any project, program, goal, or priority of the City as
approved by City Council by ordinance, resolution, or minute action; which
specifically includes the goals and policies approved by the City Council during
the annual Council Workshop, and during the ongoing processes of adopting and
implementing the City Budget.
"City Manager" shall mean the City Manager as defined by Napa Municipal Code
Chapter 2.08, or any City employee authorized by the City Manager to act on
behalf of the City Manager under this Policy.
"City Policy Position" shall mean any action taken on behalf of the City in
accordance with the requirements of this Policy to do any one of the following: (1)
provide written support to encourage a public entity to approve a Governmental
Action, (2) provide written opposition to discourage a public entity from approving
a proposed Governmental Action, (3) provide written support for a proposed
Ballot Measure, or (4) provide written opposition to a proposed Ballot Measure.
"Governmental Action" shall mean any proposed "Legislative Action," "Regulatory
Action," or"Judicial Action," as defined herein.
"Judicial Action" shall mean any action anticipated to be taken by a judicial body
of any public entity. A "City Policy Position" for a Judicial Action is typically an
action taken on behalf of the City to approve a "friend of the court" brief (also
known as an amicus curiae brief) to support or oppose a decision to be made by
a court in litigation for which the City is not a party.
"Legislative Action" shall mean any action proposed to be taken by the legislative
body of a public entity. "Legislative Action" shall explicitly exclude any "Ballot
Measure" (defined herein).
R2019-083 Page 1 of 3
Page 3 of 5
EXHIBIT A
"Public Entity" shall mean any federal, state, regional, or local governmental
agency, including a "local agency" (as defined by California Government Code
Section 54951), and including a "public entity" (as defined by California
Government Code Section 811.2), but excluding the City of Napa.
"Regulatory Action" shall mean any action proposed to be taken by any executive
office or regulatory body of a public entity. "Regulatory Action" shall explicitly
exclude any "Ballot Measure" (defined herein).
3. City Support for a Proposed Governmental Action.
a. If the City Manager determines that a Governmental Action proposed for
approval by a public entity is clearly consistent with and in support of one or more
City Goals approved by the City Council, the City Manager is authorized to
document the City Policy Position on behalf of the City and provide written
support to encourage the other public entity to approve the Governmental Action.
b. If the City Manager determines that a Governmental Action proposed for
approval by a public entity is clearly inconsistent with and in conflict with one or
more City Goals approved by the City Council, the City Manager is authorized to
document the City Policy Position on behalf of the City and provide written
opposition to discourage the other public entity from approving the proposed
Governmental Action.
c. For any determination made by the City Manager in accordance with Sections
2(a) or 2(b), above, the City Manager may request that the City Policy Position
be signed by the Mayor.
d. If the City Manager receives a request for the City to support or oppose a
particular Governmental Action, and the City Manager cannot make either
determination under Sections 2(a) or 2(b), above, the City Manager will provide
written notice of the request to City Council.
e. Any member of Council may request the City Manager to schedule an action to
be taken by the City Council, at a duly noticed public meeting, to authorize the
documentation of a City Policy Position to support or oppose a Governmental
Action by another public entity.
f. The City Manager will provide written updates to the City Council regarding any
actions taken in accordance with this Policy to support or oppose any proposed
Governmental Action.
4. City Support for a Proposed Ballot Measure.
a. If the City Manager receives a request for the City to support or oppose a
particular Ballot Measure, the City Manager will provide written notice of the
request to City Council.
b. Any member of Council may request the City Manager to schedule an action to
be taken by the City Council, at a duly noticed public meeting, to authorize the
documentation of a City Policy Position to support or oppose a Ballot Measure for
another public entity.
R2019-083 Page 2 of 3
Page 4 of 5
EXHIBIT A
c. Prior to any public action by the City Council to support or oppose a ballot
measure, there shall be a noticed public hearing at a regular meeting of the City
Council, at which both pro and con viewpoints are presented and considered.
(League of Women Voters v. Countywide Criminal Justice Coordination
Committee (1988) 203 Cal.App.3d 529, 560.)
R2019-083 Page 3 of 3
Page 5 of 5