HomeMy WebLinkAboutMinutes - September 4, 2001 SSCITY OF LODI
INFORMAL INFORMATIONAL MEETING
"SHIRTSLEEVE" SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, SEPTEMBER 4, 2001
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday,
September 4, 2001 commencing at 7:05 a.m.
A. ROLL CALL
Present: Council Members — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays, and Deputy City Clerk Taylor
B. CITY COUNCIL CALENDAR UPDATE
Deputy City Clerk Taylor reviewed the weekly calendar (filed).
Announcements
City Manager Flynn reminded Council that a group dinner is planned for Wednesday, September
12 in conjunction with the League conference and noted details were available from the City
Clerk's office.
C. TOPIC(S)
C-1 "Discussion regarding League of California Cities resolutions"
Deputy City Manager Keeter reminded Council that the main purpose of the September
13-15 League of California Cities (LCC) annual conference is policy development.
Ms. Keeter stated she would review the nine resolutions currently under review by LCC
subcommittees as outlined in the materials provided, along with staff member summaries
and endorsements for each item (filed). Ms. Keeter noted that while no Council action
was required, staff and representative delegates are seeking general direction regarding
the resolutions.
Resolution #1 Revising Bylaws for the League of California Cities — The City
Attorney's Office performed a cursory review of the revised Bylaws and is in support of
the League's recommendations. Of particular note, however, is the provision for dues
and finances. New language accommodates the possibility of increases in dues of over
ten percent (with a $5,000 cap), which would require a majority vote for member
ratification. The City of Lodi currently pays $8,504 to LCC for membership dues.
Mayor Nakanishi recalled League fees were recently increased by Council to join the
grassroots network and voiced concern that the City might be better served in saving that
money and having Council meet and confer with legislators instead of paying a
representative to lobby on behalf of several cities. He shared that with a population of
58,000, Lodi is a small city and the League provides a lot of rules and regulations which
have little or no relationship to us; therefore, actively participating in the League may not
generate meaningful benefits.
Council Member Hitchcock stated the grassroots network would serve Lodi very well,
dedicating one person to communicate with Sacramento regarding our issues and
concerns while keeping cities apprised of legislative activities in a timely manner. Further,
this individual would recommend our direction and involvement and also initiate and
coordinate contact between local officials and legislators, acting as a small-town liaison to
Sacramento. Ms. Hitchcock encouraged Mayor Nakanishi to get involved in the League
through committee service to fully appreciate the LCC's commitment toward issues that
benefit cities.
Continued September 4, 2001
Council Member Pennino stated that while Lodi is in close proximity to the State Capitol,
many cities are not, and the League is involved in important issues that need to be
communicated to Sacramento. He stated the LCC generally represents small and mid-
size cities, as the larger cities have their own specialized representation.
City Manager Flynn stated this network would have been very effective when police and
fire associations spent millions of dollars to lobby for legislation regarding binding
arbitration. He stated that while city managers knew this would not necessarily be best for
their cities, smaller cities had no cooperative network to be heard in the legislature.
Council Member Howard stated she recently attended a conference and discovered Lodi
is considered quite large compared to the many California cities averaging a population of
7,000 to 12,000. She added that perhaps our geographic location, along with Lodi's close
and friendly atmosphere, makes us feel smaller when we are actually a large community.
Resolution #2 Relating To Day Care Services for Children, Adults, and Seniors —
This Resolution encourages cities to recognize seniors as a valuable state resource, to
develop and improve intergenerational programs and activities, and to support legislation
for funding "side-by-side" day care facilities for youth, seniors, and adults. Although the
City of Lodi, in cooperation with Lodi Memorial Hospital, currently offers such a
partnership, City staff believes this is a Resolution of great importance, particularly if it
advocates future funding opportunities.
Resolution #3 Relating To Excess Retirement System Assets and More Options for
Employer Use of Those Assets — This Resolution supports legislation and any other
efforts to allow local agencies the option to utilize excess Public Employees Retirement
System (PERS) investment assets, as determined exclusively by the affected local
contracting agency and as permitted by law. City staff fully supports this Resolution as it
advocates local control for employers with regard to excess retirement assets, contract
amendments, and retirement benefits.
Mr. Flynn, at the request of Council Member Howard, explained that excess funds
currently remaining with PERS could instead be deposited back into City fund contributors
(water, sewer, electric). He shared that while the City has always had this type of access
to deferred compensation funds, it has never taken action to reallocate those funds.
Finance Director McAthie stated that staff advocates this proposed Resolution, and noted
that the Governor has considered on several occasions looking at PERS regarding
surplus assets. The City should protect these assets on behalf of its employees.
Resolution #4 Relating To Flexibility in the Wastewater Permitting Process by
California State and Regional Water Quality Control Boards as Allowed by Law —
The League's Environmental Quality Policy Committee will make a final recommendation
at the League Conference; however, City staff has reviewed and supports this Resolution.
This Resolution advocates the League coordinating city efforts and actively engaging the
State and Regional Water Quality Control Boards to effectively negotiate the issuance of
attainable discharge permits. Further, it encourages State and Regional Water Quality
Boards to treat multiple violations, caused by a single event, as one violation. Ms. Keeler
stated the committee would recommend the formation of a subcommittee to address this
issue, advocating appointment of cities and city attorneys who have experienced
problems.
Council Member Hitchcock stated that the City of Fortuna will occasionally have
stormwater discharge and be sued repeatedly by a citizens group looking for settlements
through frivolous lawsuits. In response, City Attorney Hays stated this type of activity has
occurred for some time in our area, and that he and Claude Brown took proactive action
in meeting with District Attorney Phillips to draw attention to and attempt to put an end to
frivolous stormwater discharge lawsuits. He stated the District Attorney's office has since
changed its procedure in handling such cases and is currently investigating the
inappropriateness of these lawsuits. At Ms. Hitchcock's request, Mr. Hays consented to
his name being submitted to serve on the proposed League subcommittee should the
committee's recommendation be approved.
9
Continued September 4, 2001
Resolution #5 Relating To Modification of California SB 709 (Mandatory Penalties)
and the Federal Clean Water Act Regarding Frivolous Citizen Lawsuits — The
League's Environmental Quality Policy Committee has not made a final recommendation
to the General Resolutions Committee and will do so during the September 12 meeting.
City staff, however, has reviewed and supports the proposed Resolution, which advocates
that the League actively pursue changes in California law to:
• return discretion to the Regional Water Quality Control Board in setting penalties
associated with discharge permit violations;
allow penalties to be used as matching funds to complete approved corrective
projects within the City;
• consider ability to pay mandatory penalties; and
• take certain actions, thereby modifying the Federal Clean Water Act for purposes of
eliminating frivolous citizen lawsuits for personal gain.
Resolution #6 Relating To Incentives to Improve the Balance of Jobs and Housing
in California — This Resolution, as amended by the Housing, Community, and Economic
Development Policy Committee, proposes to amend Health and Safety Code Chapter 3.7,
the Jobs -Housing Balance Improvement Act, to provide productive tools and incentives to
support job creation and retention in housing -rich, job -poor communities. City staff
advocates the amendment and supports the Resolution.
Resolution #7 Relating to Supporting the Passage of a Ballot Measure to Stabilize
and Reform Local Government Financing — The League's Revenue and Taxation
Policy Committee's preliminary recommendation is to approve this Resolution to support a
ballot measure designed to stabilize local government revenues. Further, it would
enhance the ability of California's cities, counties, and special districts to meet the
growing service and public facility needs of California. City staff concurs with the
recommendation to support a ballot measure proposal to stabilize and reform local
government finance.
Resolution #8 Relating To Return of ERAF Funds To Cities — The League's
Community Services Policy Committee has tendered a preliminary recommendation to
the General Resolutions Committee to not approve this Resolution, based on the existing
League policy on this subject matter. Because of its high importance concerning local
funding, City staff recommends support of the Resolution reinforcing the City's desire to
have ERAF Funds reinstated to cities.
Resolution #9 Relating To Telephone Area Codes — There have been numerous
attempts to reconfigure area codes, particularly in the San Joaquin region. The League's
Transportation and Public Works Policy Committee is advocating that the League work
with the California Public Utilities Commission, various telephone companies, and Federal
Regulatory Agencies to improve telephone area code planning in California. City staff
support this Resolution and encourages exploring alternatives to splitting area codes.
D. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
E. ADJOURNMENT
No action was taken by the City Council. The meeting was adjourned at approximately 7:40 a.m.
ATTEST:
Jacqueline L. Taylor
Deputy City Clerk
3
�# CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Discussion Regarding the California League of Cities' Resolutions
MEETING DATE: September 4, 2001
SUBMITTED BY: Deputy City Manager
RECOMMENDED ACTION: That Council reviews and adopts the attached Resolutions for
submittal to the California League of Cities.
BACKGROUND INFORMATION: The California League of Cities will host their Annual Conference
September 12-14, 2001 and, as part of the process, the League encourages member cities to take
positions on certain policy matters as identified through Resolutions. As such, City of Lodi staff members
have reviewed the proposed League Resolutions and endorse the following Resolutions (below please
find corresponding staff summaries):
1. Revised Bylaws for the League of California Cities
2. Day Care Services for Children, Adults and Seniors
3. Excess Retirement System Assets and More Options for Employer Use of Those Assets
4. Flexibility in Wastewater Permitting Process by California State and Regional Water Quality
Control Boards as Allowed by Law
5. Modification of California SB 709 (Mandatory Penalties) and the Federal Clean Water
Quality Control Boards as Allowed by Law
6. Incentives to Improve the Balance of Jobs and Housing in CA
7. Supporting the Passage of a Ballot Measure to Stabilize and Reform Local Government
Financing
8. Return of ERAF Funds to the Cities
9. Telephone Area Codes
City of Lodi Staff Summaries
1. Revising Bylaws for the League of California Cities — The City Attorney's Office has taken a
cursory view of the revised Bylaws and is in support of the League's recommendations. Of particular note,
however, is the provision for dues and finances. New language accommodates the possibility of dues
increases of over ten percent (with a $5,000 cap) which would require a majority vote for member
ratification. The City of Lodi currently pays $8,504 to the League for membership dues.
2. Resolution Relating To Day Care Services for Children, Adults, and Seniors — This Resolution
encourages cities to recognize seniors as a valuable state resource, to develop and improve
intergenerational programs and activities, and to support legislation for funding "side-by-side" day care
facilities for youth, seniors, and adults. Although the City of Lodi in cooperation with Lodi Memorial
Hospital currently offers such type partnerships, City staff believe that this is a Resolution of great
importance, particularly if it advocates for future funding opportunities.
APPROVED:
H. ixon Flynn -- tity Manager
CITY OF LODI COUNCIL COMMUNICATION
3. Resolution Relating To Excess Retirement System Assets and More Options for Employer
Use of Those Assets — This Resolution supports legislation and any other effort to allow local agencies
the option to utilize excess PERS investment assets as determined exclusively by the affected local
contracting agency, and as permitted by law. City staff fully supports this Resolution as it will advocate
local control for employers with regard to excess retirement assets, contract amendments, and retirement
benefits.
4. Resolution Relating To Flexibility in the Wastewater Permitting Process by California State
and Regional Water Quality Control Boards as Allowed by Law — The League's Environmental Quality
Policy Committee will make their final recommendation at the League Conference, however City staff have
reviewed and support this Resolution. In essence, this Resolution advocates that the League coordinate
city efforts and actively engage the State and Regional Water Quality Control Boards to effectively
negotiate the issuance of attainable discharge permits. In addition the Resolution encourages the State
and Regional Water Quality Boards to treat multiple violations, caused by a single event, as one violation.
5. Resolution Relating To Modification of California SB 709 (Mandatory Penalties) and the
Federal Clean Water Act Regarding Frivolous Citizen Lawsuits — The League's Environmental Quality
Policy Committee has not made a final recommendation to the General Resolutions Committee and will do
so during the September 12, 2001 meeting. City staff, however, has reviewed the proposed Resolution,
and supports the Resolution which advocates that the League actively pursue changes in the California
law to:
• Return the Regional Water Quality Control Board's discretion in setting penalties associated
with discharge permit violations
• Allow penalties to be used as matching funds to complete approved corrective projects within
the City
• Consider ability to pay mandatory penalties
• And to take certain actions thereby modifying the Federal Clean Water Act for purposes of
eliminating frivolous citizen lawsuits for personal gain.
6. Resolution Relating To Incentives to Improve the Balance of Jobs and Housing in California
— This Resolution, as amended by the Housing, Community and Economic Development Policy
Committee, proposes to amend Health and Safety Code Chapter 3.7, the Jobs -Housing Balance
Improvement Act, to provide tangible and productive tools and incentives to support job creation and
retention in housing -rich, job -poor communities. City staff, in reviewing this Resolution, advocates the
amendment, which specifies "all its cities" in reference to ensuring prosperous and livable communities. In
addition, Rad Bartlam, Community Development Director, sits on the Housing, Community and Economic
Development Policy Committee. Mr. Bartlam, during Committee meeting, voted in support of this
Resolution.
APPROVED:
H. Dixon Flynn -- City Manager
CITY OF LODI COUNCIL COMMUNICATION
7. Resolution Relating to Supporting the Passage of a Ballot Measure to Stabilize and Reform
Local Government Financing — The League's Revenue and Taxation Policy Committee's preliminary
recommendation is to approve this Resolution as it will support a ballot measure designed to stabilize local
government revenues and enhance the ability of California's cities, counties, and special districts to meet
the growing service and public facility needs of California. City staff concurs with the recommendation to
support a ballot measure proposal to stabilize and reform local government finance.
8. Resolution Relating To Return of ERAF Funds To Cities — The League's Community Services
Policy Committee has tendered a preliminary recommendation to the General Resolutions Committee to
not approve this Resolution. Their decision is based on the existing League policy on this subject matter.
Resolutions are not supposed to restate existing policy. Because of its high importance concerning local
funding, City staff is recommending support of the Resolution therefore reinforcing the City's desire to
have ERAF Funds reinstated to cities.
9. Resolution Relating To Telephone Area Codes — There have been numerous attempts in the
past to reconfigure area codes, particularly in the San Joaquin region. The League's Transportation and
Public Works Policy Committee is advocating that the League work with the California Public Utilities
Commission, the various telephone companies and Federal Regulatory Agencies to improve telephone
area code planning in California. City staff fully supports this Resolution and encourages the exploration
of alternatives to splitting area codes.
As a final note, Mayor Pro -Tempore Phil Pennino and Council member Keith Land are the City of Lodi's
delegates at the League Conference.
Funding: Not Applicable
Respectfully Submitted,
%6
Jan t S. Keeter
Deputy City Manager
APPROVED'
H. Dixon Flynn -- City Manager
August 10, 2001
TO: MAYORS AND
CITY MANAGERS
MEMBERS OF THE LEAGUE BOARD
OF DIRECTORS
MEMBERS OF LEAGUE POLICY
COMMITTEES
MEMBERS OF GENERAL
RESOLUTIONS COMMITTEE
Note to City Managers and City Clerks: Please make immediate distribution to the mayor and to
other city officials planning to attend the 2001 Annual Conference. If additional copies are
required, we urge you to reproduce them in your city or print a copy from the League's CITYLINK
Web site (http://www.cacities.org1200'Iresolutions). Additional copies are not available from
the League, but a limited number will be available at the Conference .
RE: TRANSMITTAL OF LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
RESOLUTIONS
This packet contains:
I. Information and Procedure
II. Guidelines for Annual Conference Resolutions
III. Location of Meetings
IV. Membership of General Resolutions Committee
V. Preliminary History of Resolutions
VI. Annual Conference Resolutions
PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE
- - September 12-15 - Sacramento - - -
1. INFORMATION AND PROCEDURE
Resolutions Contained in this Packet. 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.
This year nine resolutions have been
presented for consideration by the annual
conference and referred to the League
policy committees. Each of the policy
committees met July 19 or 20 to review
proposed resolutions and to formulate
preliminary recommendations prior to the
annual conference. The sponsors of the
resolutions were notified of the time and
place of those meetings.
This packet contains a copy of all
resolutions that have been received and
assigned to policy committees. The source
of the resolutions, the policy committees to
which they were assigned, and the
preliminary recommendations of the policy
committees to the General Resolutions
Committee are indicated. The
recommended actions reported in this
packet are preliminary.
Consideration of Resolutions at
Conference. Another meeting of policy
committees will be held at the annual
conference on Wednesday, September 12
The location for each of these meetings is
shown on page iv. During these hearings,
any city official wishing to discuss any
resolution will have an opportunity to
address the policy committee concerned.
The General Resolutions Committee will
meet at 9:30 a.m. on Friday, September
14, in the Sacramento Convention
Center, to consider the reports of the policy
committees. The committee includes one
representative from each of the League's
regional divisions, functional departments,
and standing policy committees, as well as
additional city officials appointed by the
League president.
The General Assembly will convene at
9:15 a.m. on Saturday, September 15,
during the Annual Business Meeting in
the Sacramento Convention Center to
consider the report of the General
Resolutions Committee.
Resolutions considered by the General
Assembly will retain the numbers assigned
to them in this document.
Initiative Resolutions. For those issues that
develop after the normal 60 -day deadline, a
resolution may be introduced with a petition
signed by designated voting delegates of 10
percent of all member cities (48 valid
signatures required) and presented to the
president of the League no later than 24
hours prior to the time set for convening the
Annual Business Session of the General
Assembly. This year, the deadline is
Friday, September 14, 2001, 9:15 a.m. If
the parliamentarian finds that a petitioned
resolution is substantially similar in
substance to a resolution already under
consideration, the petitioned resolution will
be disqualified.
Any questions concerning the resolutions
procedure should be directed to Marian
Avila in the Sacramento office of the
League, (916) 658-8224.
David Fleming, President
League of California Cities
Mayor, Vacaville
II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS
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 standing policy
committees and the board of directors. The process allows for timely consideration of issues in a
changing environment and assures broad city officials the opportunity to both initiate and influence
policy decisions.
This influence may be exercised directly through participation as a policy committee member or as
a city official visiting a committee meeting to advance a position on an issue under the
committee's purview. If committee membership or personal attendance is not feasible, city
officials may affect policy decisions indirectly through department or division representatives on
the policy committees or the board of directors.
Annual conference resolutions constitute an additional process for developing League policies. It
is recommended that resolutions adhere to the following criteria.
Guidelines for Annual Conference Resolutions
The issue addressed in the resolution has a direct relation to municipal affairs.
2. The issue is not of a purely local or regional concern.
3. Generally, the recommended policy should not restate existing League policy.
4. The resolution should be directed at achieving one of the following objectives.
(a) Focus public or media attention on an issue of major importance to cities.
(b) Establish a general direction for the League by setting forth general principles
around which more detailed policies may be developed by the policy committees
and board of directors.
(c) Consider important issues not adequately addressed by the policy committees and
board of directors.
(d) Amend the League bylaws. Resolutions to amend the League bylaws will require
a two-thirds vote by the General Assembly for approval.
iii
III. LOCATION OF MEETINGS
Policy Committee meetings will be as follows:
Wednesday September 12 2001 -- 1 p.m. and 2:30 p.m.
Hyatt Regency Hotel
1209 L Street
Sacramento
Policy Committee Time
Employee Relations 1 P.M.
Community Services 1 p.m.
Revenue and Taxation 1 P.M.
[Note: Public Safety will not meet.] - -
Administrative Services 2:30 p.m.
Housing, Comm. & Econ. Development 2:30 p.m.
Environmental Quality 2:30 p.m.
Transportation, Communications & Public Works 2:30 p.m.
»»»»»»»»»»»»»»»»»»»>
General Resolutions Committee
(Friday, September 14, 2001 at 9:30 a.m.)
Sacramento Convention Center
»»»»»»»»»»»»»»»»»»»>
General Assembly at the Annual Business Meeting
(Saturday, September 15, 2001, at 9:15 a.m.)
Sacramento Convention Center
»»»»»»»»»»»»»»»»»»»>
iv
IV. GENERAL RESOLUTIONS COMMITTEE
LEAGUE OF CALIFORNIA CITIES
Annual Conference — Sacramento — September 12-15, 2001
Chair:
Vice Chair:
Parliamentarian:
John Russo, City Attorney, Oakland
M. J. "Mac" Dube, Mayor, Twentynine Palms
Arlen Gregorio, Attorney at Law, San Francisco
Stephany Aguilar, Vice Mayor, Scotts Valley
Harry Armstrong, Council Member, Clovis
Ken Blake, Council Member, La Palma
Rosemary Corbin, Mayor, Richmond
Peggy Corrales, Mayor, Hollister
Pat Dando, Council Member, San Jose
Nancy Dillon, City Clerk, Hayward
Carole Dillon -Knutson, Council Member, Fairfield
Dennis Downs, Fire Chief, Ventura
Pat Eklund, Council Member, Novato
Rusty Fairly, Council Member, Santa Barbara
Maxine Gonsalves, Council Member, Pacifica
Henry Hearns, Vice Mayor, Lancaster
Terry Henderson, Council Member, La Quinta
Peter Herzog, Council Member, Lake Forest
Jack Hoffman, Personnel & Emp. Rel. Dir. Glendale
Erling Horn, Council Member, Lafayette
Michael Kashiwagi, Dir. of Public Works, Sacramento
Cheri Kelley, Council Member, Norwalk
Lucille Kring, Council Member, Anaheim
AI Leiga, Council Member, Claremont
Michelle Marchetta Kenyon, City Attorney, Calistoga
& Moraga
Carol McCauley, Council Member, Oceanside
Kathryn McCullough, Mayor, Lake Forest
Jere Melo, Mayor, Fort Bragg
Ernie Mitchell, Fire Chief, Pasadena
Mark Montemayor, Mayor, West Sacramento
Dave Mora, City Manager, Salinas
Rudy Natoli, Mayor, Pismo Beach
Lyle Norton, Director of Parks, Recreation & Arts
Diana Nourse, Council Member, Hesperia
Karen Oslund, Vice Mayor, Willits
Jim Perrine, Mayor, Marina
Miguel Pulido, Mayor, Santa Ana
UT
Tim Raney, Council Member, Citrus Heights
Mike Serpa, Council Member, Modesto
Sophia Scherman, Mayor Pro Tem, Elk Grove
Linda Shahinian, Planning Commissioner, Culver City
Marty Simonoff, Mayor Pro Tem, Brea
Michael Smith, Fire chief, Fresno
Craig Steckler, Police Chief, Fremont
John Thompson, City Manager, Vacaville
Marland Townsend, Mayor, Sunnyvale
Barbara Underwood, Finance Director, Vista
Pat Vorreiter, Council Member, Sunnyvale
Kurt Wilson, Council Member, Rialto
V. HISTORY OF RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
KEY TO REVIEWING BODIES
KEY TO ACTIONS TAKEN
1. Policy Committee - Preliminary
A - Approve
2. Policy Committee - Final
D - Disapprove
3. General Resolutions Committee
N - No Action
4. General Assembly
R - Refer to appropriate policy committee
for study
Action Footnotes a - Amend
* Subject matter covered in another resolution Aa - Approve as amended
** Policy Committee will make final Aaa - Approve with additional amendment(s)
recommendation at September 12 meeting
*** Existing League policy
**** Local authority presently exists
Ra - Amend and refer as amended to
appropriate policy committee for study
Raa - Additional amendments and refer
Da - Amend (for clarity or brevity) and
Disapprove
Na - Amend (for clarity or brevity) and take
No Action
W - Withdrawn by Sponsor
(Procedural Note: Resolutions that are approved by the General Resolutions Committee, as
well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. At
the 1998 Annual Conference, the League General Assembly approved Resolution #2, which
established a procedure to give the General Assembly the additional opportunity to consider any
resolutions approved by League policy committees but not approved by the General
Resolutions Committee.
Following the adoption of Resolution #2-1998, League policy now provides that:
Every resolution initially recommended for approval and adoption by all the League policy
committees to which the resolution is assigned, but subsequently recommended for disapproval,
referral or no action by the General Resolutions Committee, shall then be placed on a consent
agenda for consideration by the General Assembly. The consent agenda shall include a brief
description of the bases for the recommendations by both the policy committee(s) and General
Resolutions Committee, as well as the recommended action by each. Any voting delegate may
make a motion to pull a resolution from the consent agenda in order to request the opportunity
to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for
debate is approved, the General Assembly shall have the opportunity to debate and
subsequently vote on the resolution.]
vt
Resolutions have been grouped by policy committees to which they have been assigned.
Number Key Word Index Reviewing Body Action
ADMINISTRATIVE SERVICES POLICY COMMITTEE
1 2 3 4
1 Revising Bylaws for the League of California Cities A
COMMUNITY SERVICES POLICY COMMITTEE
11 2 1 Day Care Services for Children, Adults and Seniors I Aa
EMPLOYEE RELATIONS POLICY COMMITTEE
3 1 Excess Retirement System Assets and More Options Aa
for Emplover Use of Those Assets
ENVIRONMENTAL QUALITY POLICY COMMITTEE
4
Flexibility in the Wastewater Permitting Process by
California State and Regional Water Quality Control
**
Boards as Allowed by Law
5
Modification of California SB 709 (Mandatory
Penalties) and the Federal Clean Water Act
**
Regarding Frivolous Citizen Lawsuits
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE
6 I Incentives to Improve the Balance of Jobs and( Aa I I 11
Housing in California
PUBLIC SAFETY POLICY COMMITTEE
II NoteI No resolutions were assigned to this policy
i committee.
REVENUE AND TAXATION POLICY COMMITTEE
7 Supporting the Passage of a Ballot Measure to Aa
Stabilize and Reform Local Government Financing
8 Return of ERAF Funds to Cities D
TRANSPORTATION AND PUBLIC WORKS POLICY COMMITTEE
9 1 Telephone Area Codes I A
vii
RESOLUTIONS INITIATED BY PETITION
Resolution General
Committee Assembly
Recommendation Action
Policy\acres\table01.doc
VI. ANNUAL CONFERENCE RESOLUTIONS
RESOLUTION REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE
RESOLUTION RELATING TO REVISING BYLAWS FOR THE LEAGUE OF CALIFORNIA
CITIES
Source: Board of Directors
Referred to: Administrative Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve.
Final Recommendation to General Resolutions Committee:
(Note: Adoption of amendments or revisions of the League bylaws requires a two-thirds vote of the General
Assembly at the Annual Conference.)
WHEREAS, the bylaws for the League of California Cities were extensively updated and
revised in 2000; and
WHEREAS, during last year's revision process, the Administrative Services Policy Committee
of the League recognized additional technical and substantive changes to the bylaws it wished to
consider and, therefore, as part of its 2001 work program has reviewed and recommended additional
amendments to the bylaws; and
WHEREAS, the board of directors has conducted a thorough review of the proposed revisions
and approved a final series of bylaws amendments; and
WHEREAS, information concerning the proposed bylaws amendments has been available to
city officials on the Internet, the revised bylaws have been distributed to all cities for review, and a
summary of major policy issues addressed in the amendments is attached to this resolution; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in Sacramento, September 15, 2001, that the League approve the proposed revised
bylaws for the League of California Cities that are incorporated herein by reference.
Additional information concerning resolution #1 is available on the League's web site
(www.cacities.org/draftbylaws). Background information also was mailed to all cities with the
resolutions packet.
The background information includes:
• A cover letter addressing the process for development and consideration of these amendments to
the bylaws, and a summary of major policy changes proposed by these amendments.
• A redline version of the bylaws showing the current language and the proposed amendments
(green pages).
...OVER
Summary of Proposed Bylaws Changes
• League Purpose and Objectives. Updated to incorporate the new League mission statement
adopted as part of League strategic plan and to have a less program -specific orientation. Adds
the objective engaging the membership in a continuing analysis of member needs. See pages 1
and 2 of Proposed Draft Revised Bylaws.
Dues/Finances. New dues language accommodates possibility of dues increases of over ten
percent; new language requires member ratification of all dues increases that exceed consumer
price index or five percent (whichever is greater); member ratification is necessary for any dues
increase over ten percent. Maintains $5,000 dues cap. Majority vote required for member
ratification of dues increases. See pages 3 through 4 of Proposed Draft Revised Bylaws. Also
requires League budget to be transmitted to division presidents. See page 27 of Proposed Draft
Revised Bylaws.
• Resolutions Committee. Allows divisions, departments and policy committees to designate the
individuals to be appointed by the League president to the resolutions committee; limits
presidential appointments to 10, at least five of whom must be elected officials. See page 7 of
Proposed Draft Revised Bylaws.
Resolutions Process. Requires (instead of permits) referral of substantive resolutions to policy
committees. See page 8 of Proposed Draft Revised Bylaws. Clarifies Parliamentarian role with
respect to evaluating petitioned resolutions for substantial similarity to other resolutions and
germane-ness to city issues. Parliamentarian's report is made to Resolutions Committee chair
and Resolutions Committee may disqualify resolution on these grounds. See page 9 of Proposed
Draft Revised Bylaws.
• Nominating Committee/Elections. Adds nominating process for officers and League board at -
large members to bylaws (as opposed to being specified by board policy). Nominating committee
members are appointed by League president from specified divisions on a rotating basis (one set
of eight divisions determine nominating committee membership in even years, the other set
determines in odd years). See pages 12 and 13 of Proposed Draft Revised Bylaws.
• Committees. Consolidates two bylaws sections on committees into one section. Adds policy
committees as League standing committees. Requires feedback to policy committees on
recommendations. See pages 14, 15 and 17 of Proposed Draft Revised Bylaws
• Mail Ballot Procedures. Moves mail balloting procedures to general "voting" section of the
bylaws and makes conforming changes to sections that refer to the mail balloting process. See
pages 25-26 of Proposed Draft Revised Bylaws (see also pages 4 and 35).
• Vacancies. Adds "missing three consecutive convened meetings" as a basis for finding a
vacancy in any League office (in addition to resignation and leaving city service). See page 26 of
Proposed Draft Revised Bylaws.
• Bylaws Amendments. Clarifies that two-thirds of those voting must vote in favor of a proposed
bylaw amendment. See page 32 of Proposed Draft Revised Bylaws. Specifies bylaws
amendments go into effect upon expiration of protest period. See page 34 of Proposed Draft
Revised Bylaws.
There are a number of other proposed substantive, consistency and grammatical changes and city
officials are encouraged to review the redline version to identify all the changes.
VI
RESOLUTION REFERRED TO COMMUNITY SERVICES POLICY COMMITTEE
2. RESOLUTION RELATING TO DAY CARE SERVICES FOR CHILDREN, ADULTS AND
SENIORS
Source: Community Services Policy Committee
Referred to: Community Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as amended.
Final Recommendation to General Resolutions Committee:
WHEREAS, there are approximately 3.5 million seniors (65 years and older) in the State of
California and this number is growing annually with the aging of the "baby boomers;" and
WHEREAS, intergenerational activities between seniors, teenagers, children and preschoolers
can be one of natural allies, mentors, and stimulation; and
WHEREAS, healthy seniors and youth will need to volunteer to assist each other and help
those who are frail through various programs, such as meals on wheels, telephone calls, and
visitation to shut-ins that will give much needed relief to caregivers; and
WHEREAS, seniors need the stimulation of interaction with youth, while the youth need the
mentoring from the seniors; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in Sacramento, September 15, 2001, that the League encourage cities to recognize
seniors as a valuable state resource and develop and improve intergenerational programs and
activities; and be it further
RESOLVED, that the League support legislation that would provide funding for side-by-side
day care facilities for California's youth, adults, and seniors.
»»»»» DD0
RESOLUTION REFERRED TO EMPLOYEE RELATIONS POLICY COMMITTEE
3. RESOLUTION RELATING TO EXCESS RETIREMENT SYSTEM ASSETS AND MORE
OPTIONS FOR EMPLOYER USE OF THOSE ASSETS
Source: Employee Relations Policy Committee
Referred to: Employee Relations Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as amended.
Final Recommendation to General Resolutions Committee:
WHEREAS, the past performance of investments of the Public Employees Retirement System
(PERS) has produced super -funded accounts; and
WHEREAS, employers should be given the greatest amount of flexibility to utilize those
excess retirement assets within the parameters of state and federal retirement law; and
WHEREAS, employers should have the option to amend contracts if funds are depleted; and
WHEREAS, the PERS Board and the Legislature have taken unilateral actions to increase
retirement benefits and increase the obligations of local contracting agencies; and
3
WHEREAS, local agency and local taxpayers interests are disregarded; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in Sacramento, September 15, 2001, that the League support legislation and any other
effort to allow local agencies the option to utilize excess PERS investment assets as determined
exclusively by the affected local contracting agency, and as permitted by law.
BDDDnD»»
RESOLUTIONS REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEE
4. RESOLUTION RELATING TO FLEXIBILITY IN THE WASTEWATER PERMITTING
PROCESS BY CALIFORNIA STATE AND REGIONAL WATER CONTROL BOARDS AS
ALLOWED BY LAW
Source: City of Fortuna
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Policy Committee will
make final recommendation at September 12 meeting.
Final Recommendation to General Resolutions Committee:
WHEREAS, the Clean Water Act allows citizens to file lawsuits alleging violations of the Clean
Water Act for the prior five-year period; and
WHEREAS, few lawsuits were filed by citizens between the 1970s and early 1990s, and since
the early 1990s the number of lawsuits filed has increased; and
WHEREAS, a citizen's lawsuit bypasses all the normal enforcement options, including verbal
requests, notices of violations, and cease and desist orders issued by the enforcement agency; and
WHEREAS, if a judge or jury certifies one violation over a five-year period, it is sufficient for
the court to award civil penalties, attorney fees, and expert witness fees to the plaintiff; and
WHEREAS, it is almost impossible to not have some violations over a five-year period; and
WHEREAS, it costs between $0.6 and $1.0 million to defend a lawsuit, pay any penalties
assessed by the court, and pay the plaintiffs attorney fees; and
WHEREAS, almost all local governments and private businesses settle suits out of court due
to the substantial cost to defend a lawsuit and, as a result, there is little case law to support the
arguments of defendants in citizen lawsuit cases; and
WHEREAS, the effectiveness, and more importantly, the intent of the Clean Water Act is lost
when plaintiffs' attorneys receive large awards at the expense of environmental remediation or
upgrades to wastewater treatment systems; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in Sacramento, September 15, 2001, that the League:
1) Coordinate city efforts and actively engage the State and Regional Water Quality
Control Boards in an effort to negotiate the issuance of attainable discharge permits rather than a zero
tolerance standard at all times. Permits should recognize the goals of the Clean Water Act but should
consider the true operational capabilities of a wastewater or stormwater treatment system, the unique
4
geography and weather patterns of a region, the budgetary capabilities of the city, and whether the
city is under a notice of violation or cease and desist order; and
2) Encourage the State and Regional Water Quality Boards to fully recognize that multiple
violations caused by a single, unforeseen event be treated as a single violation.
»»»» »»» »
5. RESOLUTION RELATING TO MODIFICATION OF CALIFORNIA SS 709 (MANDATORY
PENALTIES) AND THE FEDERAL CLEAN WATER ACT REGARDING FRIVOLOUS CITIZEN
LAWSUITS
Source: City of Fortuna
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Policy Committee will
make final recommendation at September 12 meeting.
Final Recommendation to General Resolutions Committee:
WHEREAS, Section 13385 of the California Water Code was amended in 1999 to require that
regional water quality control boards impose a mandatory penalty of $3,000 for certain violations of
NPDES permits; and
WHEREAS, Section 13385 was amended in 200 to provide relief to cities and community
service districts serving populations of less than 10,000; and
WHEREAS, the current methodology for assessing mandatory penalties is not fair and
equitable in that an assessment of $27,000 for nine violations in a city with a population of 10,500
would represent 3.5% of the annual operational cost of the city's wastewater treatment plant, and the
same assessment in a city with a population of 180,000 would represent only 0.2% of their operational
costs; and
WHEREAS, Section 13385 of the Water Code should be amended to provide more discretion;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in Sacramento, September 15, 2001, that the League actively pursue changes in
California law that would accomplish the following:
1) Return the Regional Water Quality Control Board's discretion in setting penalties
associated with discharge permit violations.
2) Allow penalties to be used as matching funds to complete approved corrective projects
within the city.
3) Any mandatory penalties should consider the ability to pay, i.e., population of the city or
district, staff capacity to complete upgrades to a wastewater or stormwater treatment system, the true
operational capabilities of a wastewater treatment system, the severity of any potential environmental
damage associated with a violation, the unique geography and weather patterns of a region,
significant storm events, and other similar issues; and be it further
RESOLVED, that the League actively pursue modification of the Federal Clean Water Act to
accomplish the following for the purpose of limiting frivolous citizen lawsuits for personal gain:
k,
1) Define "initiated action" by local Water Quality Control Boards as any notice of violation
or other communication provided to a city or jurisdiction by the local Board indicating that the local
Water Quality Control Board is addressing an alleged violation.
2) Limit the "recovery" of legal and consulting fees by citizen groups to "not exceed the
penalties imposed for the violation by the court or local water quality control board under the law."
3) Continue to allow injunctive relief for violations, but eliminate citizens' ability to collect
civil penalties.
»» 000DD»
_RESOLUTION REFERRED TO HOUSING, COMMUNITY, AND ECONOMIC DEVELOPMENT
POLICY COMMITTEE
6. RESOLUTION RELATING TO INCENTIVES TO IMPROVE THE BALANCE OF JOBS AND
HOUSING IN CALIFORNIA
Source: Desert Mountain Division
Referred to: Housing, Community and Economic Development Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as amended.
Final Recommendation to General Resolutions Committee:
WHEREAS, the League of California Cities has adopted a mission statement and core beliefs
declaring that cities are vital to the strength of the California economy, and furthermore that the vitality
of cities is dependent upon their fiscal stability and local autonomy; and
WHEREAS, the League has adopted Principles for Smart Growth that supports the building of
strong communities by providing a balance of jobs and housing within communities; and
WHEREAS, the State of California has established as one of its primary goals to improve the
jobs/housing balance, thereby reducing traffic congestion and the need for costly future infrastructure
investments, discouraging urban sprawl and the inefficient use of land resources; and
WHEREAS, state government has focused on the development of housing in California
communities through various financial, regulatory and policy incentives as the primary solution to the
jobs/housing problem; and
WHEREAS, despite recent economic growth and record -level unemployment in most areas of
the state, many regions, particularly rural communities, have not benefited from the improved
economy and have experienced exceptionally high unemployment rates and minimal job growth; and
WHEREAS, housing-rich/jobs-poor communities tend to have minimal economic
diversification, and furthermore do not possess the necessary public infrastructure and funding
mechanisms to promote, encourage and facilitate job creation and retention; and
WHEREAS, the state's current approach to the production of housing to mitigate the
jobs/housing imbalance does not serve the interests of the housing-rich/jobs-poor communities and
could hinder the creation of jobs, further exacerbate unemployment problems and undermine the
state's goal of economic sustainability and enhancement of our citizen's quality of life; and
WHEREAS, in 2000, the State Legislature approved, and the Governor signed, AB 2864
establishing the Jobs -Housing Balance Improvement Program that established an incentive -based
0
strategy to encourage the construction of housing in housing poor regions and to attract jobs to areas
that lack a sufficient employment base; and
WHEREAS, the primary focus, and therefore funding, in AB 2864 was for the production of
housing and not job creation; and
WHEREAS, it is sound smart growth policy to make investments in job creation and
infrastructure where people already live; and
WHEREAS, the future social and economic success of California is dependent on ensuring
that all its cities are prosperous and livable communities that are vital and health places for all
residents to live, work, obtain an education, and raise a family; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in Sacramento, September 15, 2001, that the League support legislation to amend Health
and Safety Code Chapter 3.7, the Jobs -Housing Balance Improvement Act, to provide tangible and
productive tools and incentives to support job creation and retention in housing -rich, jobs -poor
communities, such as:
a. Awarding direct grants to fund the development of infrastructure that results in the
creation and retention of jobs; and
b. Eliminating matching dollar requirements for economic development and infrastructure
state grants; and
C. Providing grant funding for infrastructure planning and design and the creation of
economic development strategies; and
d. Allowing cities maximum flexibility in the use of state funds toward local priorities that
support job creation; and be it further
RESOLVED, that the League encourage the state to adopt policies and programs that
establish a comprehensive solution to the infrastructure and jobs/housing needs of all communities
within the state.
»»»»»DD
RESOLUTIONS REFERRED TO REVENUE AND TAXATION POLICY COMMITTEE
7. RESOLUTION RELATING TO SUPPORTING THE PASSAGE OF A BALLOT MEASURE TO
STABILIZE AND REFORM LOCAL GOVERNMENT FINANCING
Source: League Board of Directors
Referred to: Revenue and Taxation Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as amended.
Final Recommendation to General Resolutions Committee:
WHEREAS, the need for greater constitutional protection of local government revenues in
California is a matter of grave necessity in order to protect the autonomy and quality of life in
communities throughout the state; and
WHEREAS, as a result of a series of constitutional ballot measures dating back to 1978, state
government has been given increased authority to utilize local revenues and taxes to cover state
general fund deficiencies; and
7
WHEREAS, actions by the state over the past 20 or more years have seriously eroded and
destabilized the local government revenue base; and
WHEREAS, due to continuing population growth, the erosion of local government revenues
have and will continue to degrade the quality of local services and public facilities, so that today local
government is unable to meet pressing local needs and fulfill citizens' reasonable and legitimate
expectations; and
WHEREAS, local government revenues must be stabilized before any long-term planning and
public facility construction and rehabilitation can be seriously undertaken by local government; and
WHEREAS, the issue of local government revenue stabilization and reform of the state -local
fiscal relationship has not been a priority of the Legislature and Governor; and
WHEREAS, local government representatives have repeatedly petitioned their state
representatives seeking redress of the imbalanced nature of the state -local fiscal relationship, and
received no lasting, reliable, substantial relief;
WHEREAS, a proposal to stabilize and reform local government finance should be placed
before the voters of California for a resolution of this continuing problem; now therefore be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in Sacramento, September 15, 2001, that the membership of the League support the
passage of a ballot measure designed to stabilize local government revenues and enhance the ability
of California's cities, counties and special districts to meet the growing service and public facilities
needs of Californians.
»»»»»»»»
8. RESOLUTION RELATING TO RETURN OF ERAF FUNDS TO CITIES
Source: Community Services Policy Committee
Referred to: Revenue and Taxation Policy Committee
Preliminary Recommendation to General Resolutions Committee: Disapprove.
Final Recommendation to General Resolutions Committee:
WHEREAS, the shift of ERAF has negatively affected cities in California, with a loss of $1.6
billion to California's cities since 1992, and a loss of over $300 million in the year 2000; and
WHEREAS, the shift of ERAF has affected cities throughout California, for example, the City of
Albany has community services unfunded capital project needs in excess of $8.5 million in park
restoration and drainage repairs, park creation, sports fields relocation, earthquake retrofit of city
buildings and traffic safety projects; and annual unfunded operating costs of $1 million, including
library hours and street maintenance, and cities throughout California have similar unfunded projects
and operating costs; and
WHEREAS, taxpayers throughout California have already shouldered a fair share of the city's
financial loss by passing tax measures to backfill community services, yet more needs remain; and
WHEREAS, the State of California has mandated unfunded affordable housing quotas; and
WHEREAS, California cities are facing increased costs of energy, construction and staff; and
WHEREAS, property taxes are the primary source of reliable income to cities; and
8
WHEREAS, citizens expect their property taxes to primarily support their cities, yet only about
18% of their property tax payments go to cities; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in Sacramento, September 15, 2001, that the League request the State of California
return ERAF funds to California's cities.
»»»»» OW)
RESOLUTION REFERRED TO TRANSPORTATION, COMMUNICATIONS AND PUBLIC WORKS
POLICY COMMITTEE
9. RESOLUTION RELATING TO TELEPHONE AREA CODES
Source: Los Angeles County Division
Referred to: Transportation, Communications and Public Works Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve.
Final Recommendation to General Resolutions Committee:
WHEREAS, there are currently 25 common telephone area codes within the State of
California; and
WHEREAS, 21 of the existing area code regions are being considered for geographic
modification; and
WHEREAS, consistency in area code designation is important to maintain community identity
in regional planning and economic development; and
WHEREAS, the negative physical and economic impact on individuals and businesses
includes increased inconvenience to individuals forced to adapt to new dialing habits, the costs of
reprinting stationery, notifying customers and changing advertisements; and
WHEREAS, the cumulative costs of repeated area code splits to businesses may discourage
economic development in California; and
WHEREAS, wireless telephone carriers continue to receive phone numbers in blocks of
10,000 instead of 1,000, creating an artificial shortage of telephone numbers; and
WHEREAS, other reasonable alternatives exist to satisfy the demand for telephone numbers;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in Sacramento, September 15, 2001, that the League work with the California Public
Utilities Commission, the various telephone companies and federal regulatory agencies to improve
telephone area code planning in California.
9
Proposed Amended Bylaws for the
League of California Cities'
With redlining to reflect suggested changes2
Article I: General
Section 1: Corporation Name. This corporation is the League of California
Cities (the League) .
Section 2: Offices. The principal office of this corporation shall be located in
Sacramento, California. The League Board of Directors (League Board) may
establish such other League offices as it deems necessary to the effective
conduct of League programs.
Section 3: Compliance with Governing Laws. In all matters not specified in
these bylaws, or in the event these bylaws do not comply with applicable law,
the California Nonprofit Corporation Law applies.
Article II: Purpose and Objectives
SeGtien 1; General. The League's purposes aFe the prornotion of CalifelFnia
1 Note: All footnotes are for reference and explanation only and are not part of the bylaws text.
` Guide to Redlining: Language in italics is proposed new language; language in stFkAa-ft are
proposed deletions of language. Changes are indicated from the bylaws language presently in effect,
except as noted with respect to Article XVII (the presently pending amendment to the bylaws relating to
the Grassroots Network.
Ses4ien 2! BeaFd-PrzFOatives. The League t and revise
League's
effgFts in seWir.e tG pities
Section 1: General. The League's purpose is to strengthen and protect local
control for cities through education and advocacy to enhance the quality of life
for all Californians.
Section 2: Objectives. The League's objectives are the following:
(a) Advocate legislation that results in benefits to Member Cities,
(b) Communicate to Member Cities and the public on issues related to
the general welfare of citizens in California cities,
(c) Pursue strong intergovernmental relationships to promote the well
being of California cities,
(d) Organize educational opportunities, such as conferences of city
officials,
(e) Stimulate greater public interest and more active civic consciousness
as to the importance of cities in California's system of government,
(0 Collect and disseminate information of interest to Member Cities, and
(g) Engage the membership in a continuing analysis of the needs of
Member Cities.
Article III: Membership
Section 1: Qualification.
(a) Cities. Any city, or city and county, in California may, by the
payment of annual dues prescribed in Article IV, become a Member City
and as such is entitled to League services and privileges
(b) OfficersE/ected and Appointed Officials and Employees. All
6
^ffvn,GGrE;e/ected and appointed officials in of -Member Cities are members
of the League.
Section 2: Termination. Membership is suspended or terminated whenever
any of the following occurs:
(a) The Member City resigns by giving written notice to the League;
(b) The Member City does not pay dues, fees or assessments in the
amounts and terms set by the League Board; or
(c) An event occurs that makes the Member City ineligible for
membership.3
Section 3: Honorary Members. Any person who has given conspicuous
service for the improvement of city government may, by the vote of the League
Board, be granted an honorary membership in the League. All ex -presidents of
the League are Honorary Members. Honorary Members as such do not have a
voice or vote in any of the meetings of the League and do not have
membership status in the League for purposes of state and federal laws.
Section 4: Non -Liability. No Member City is liable for the debts or obligations
of the League.
Article IV: Dues
Section 1: Establishment. The League Board establishes the League's dues
annually according to city population. The population of each city is the
population used by the State Controller in making the most recent allocation of
subventions to cities.
Section 2: Increase in Dues.
(a) Board Vote Requirement Any increase in dues must be approved
by the League Board by a two-thirds vote. The League Board's approval
shall be accompanied by an explanation of the need for the increase,
including but not limited to:
(i) Increases in the League's costs related to general increases in
the consumer price index or other factors; and/or
(ii) The expansion of existing programs or initiation of new
programs.
3 See Cal. Corp. Code § 7341(c) (requiring termination procedures to be included in bylaws). An example
of the latter (section 2(c)) would be disincorporation.
3
(b) Member City Ratification Requirement. Any dues increase that
exceeds either the "consumer price index" for the preceding twelve
months or five percent (whichever is greater) requires Member City
ratification. In no event, however, shall the League Board approve a
dues increase in excess of ten percent without Member City ratification.
(i) "Consumer Price Index" Defined. For purposes of this
section, the consumer price index is the California consumer price
index for all urban consumers calculated by the California
Department of Industrial Relations or its state or federal
successor.
(ii) Approval Threshold. Member City ratification requires a
majority of Member Cities casting votes.
(iii) Mechanism for Seeking Approval. The ratification may
occur at the League's General Assembly (see Article V, section
I (c)) or by using the mail balloting procedure (see Article XI,
section 5).
(c) Dues Cap. In no event will a Member City's dues increase by more
than $5,000 per year.
4
OEM
4
Sestien 4 Section 3: Delinquency. Any Member City of the League
who is delinquent in dues, fees or assessments may be suspended or
have that member's membership terminated as provided in Article III,
section 2.
Article V: Membership Meetings
Section 1: Annual Conference.
(a) Time and Place. The League's regular Annual Conference is held at
the time and place as the League Board determines. In case of any
unusual conditions or extraordinary emergency, the League Board may,
in --at its discretion, change the time or place of the meeting.
(b) Conference Program Planning. The League Board shall establish
an Annual Conference program planning process that provides for input
from representative segments of the League's membership.
(c) City Delegates as General Assembly. Any official of a Member
City may, with the approval of the city council, be designated the city's
designated voting delegate or alternate delegates to any League
meeting. Designated voting delegates (or their alternates) registered to
constitute the League's General
Assembly.
Section 2: Special Meetings. Special meetings of the League may be called
by the League Board and shall be called by the League Board upon the written
request of forty Member Cities.
Section 3: Notice of Meetings. Notice shall be given to all Member Cities of
the time and place of all regular and special meetings by mailing a written
notice at least fifteen days prior to each meeting, or by publishing a notice of
the meeting at least two weeks prior to the meeting in the official publication of
the League; provided, however, that failure to receive such notice does not
invalidate any proceedings at such meeting.
Section 4: Parliamentarian. The League President shall appoint a
Parliamentarian to resolve procedural issues at the League's General
Assembly and in Resolutions Committee meetings.
Section 5: Credentials. Designated voting delegates must register to attend
the Annual Conference and with the Credentials Committee. The League
President shall appoint a three-person Credentials Committee no later than the
first day of the Annual Conference. In case of dispute, this committee
determines the right of a member to veteparticipate.
k,
Section 6: Quorum. The presence of #4e-a credentialed voting delegate (or
alternate) from a majority of Member Cities registered tG a#end the Ann---a;'
Gonferenne constitutes a quorum at the League's General Assembly. A
majority of the quorum is necessary for decision.
Section 7: Voting. Voting at the League's General Assembly is by display of
voting cards4, unles6 a roll Gall VQ-te is req jested by Yeting delegates from three
A voting card will be issued to each city's designated
voting delegate upon presentation of evidence of the delegate's designation by
the city. This information is also considered by the Credentials Committee in
making its determinations.
Article VI: Membership Resolutions
Section 1: Role and Scope of Resolutions. Resolutions adopted by the
League's General Assembly at Annual Conferences and such League Board
policies as are not inconsistent with such resolutions constitute League policy.
All resolutions shall have some direct relation to city issues.
Section 2: Origination. Resolutions may originate from city officials, city
councils, regional divisions5, departmeRtfunctional departments6, 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.
4 See article XI for additional information about voting.
5 "Regional divisions" are defined in Article IX of these bylaws.
6 "Functional departments"are defined in Article X of these bylaws.
Section 3: Resolutions Committee.
(a) Resolutions Committee CompositionCommittee Some and
GFeatiGR. The League President appoints a Resolutions Committee
sixty days prior to each Annual Conference, which committee shall
consist of:
(i) One elected official from, and designated by, each regional
division;
(ii) One elected official from, and designated by, each policy
committee;
(iii) One member from, and designated by, each functional
department; and
(iv) Up to ten additional members (at least five of whom are
elected officials) as the League President deems necessary to
achieve geographic and population balance, as well as recognize
the multiplicity of city functions not represented by the other
appointments, including, but not limited to, the perspectives of
board and commission members as well as professional staff.
(b) In the event a regional division, policy committee or functional
department does not designate a representative for appointment to the
Resolutions Committee, the League President may make the
designation on the regional division's, policy committee's or functional
department's behalf.
(c) (h) Appointme Chair. The League President shall also appoint to
the Resolutions Committee a Fepresentative
} ^� a l ,
.7
F"�t'ef the League. The League
�e
President, appeints a committee shairpemenchair and vice
s#aifpeFseRchai
League ue President deerns nenessaFy to rerennize the Fn iltinliGity "f
r
iRGludiRg but Rot limited PFGfeSSIGRa' staff and geegraphiG
r
7
(d) Minimum Committee Size and Composition. In the event the full
committee is not in attendance at the Annual Conference, the League
President shall appoint a sufficient number of city officials in attendance
to achieve a total of thirty. No less than two-thirds of the members of the
Resolutions Committee shall be lected
officials.
(e) Committee Consideration of Proposed Resolutions. Except for
resolutions of courtesy, commendation, appreciation or condolence, no
resolution expressing the opinion or policy of the League on any
question may be considered or discussed by the League's General
Assembly, unless it has been first submitted to, and reported on, by the
Resolutions Committee.
Section 4: Procedure for Review.
(a) Timing. Except for petitioned resolutions, all resolutions shall be
submitted to the Resolutions Committee, at the League's headquarters,
not later than sixty days prior to the opening session of the League's
General Assembly.
(b) Referral to Policy Committees.
(i) Review and Recommendations. Except for resolutions of
courtesy, commendation, appreciation or condolence, all
resolutions submitted to the Resolutions Committee shall be
referred by the League President to an appropriate policy
committee for review and recommendation prior to the opening
general session of the Annual Conference.
(ii) Report to Resolutions Committee. Policy committees shall
report their recommendations on such resolutions to the
Resolutions Committee. The inability of a policy committee to
make a recommendation on any resolution does not preclude the
Resolutions Committee from acting upon it.
E
Section 5: Resolutions Proposed by Petition.
(a) Presentation by Voting Delegate. A designated voting delegate of
a city may present by petition a resolution to the League President for
consideration by the Resolutions Committee. These resolutions are
known as "petitioned resolutions."
(b) Contents. The petition shall contain the specific language of the
resolution and, a statement requesting consideration by the League's
General Assembly. and
(c) Signature Requirements. The petition shall be signed by
designated voting delegates registered with the Credentials Committee
who represent of -ten percent of the number of Member Cities.
(d) Time Limit for Presentation. The signed petition shall be presented
to the League President no later than twenty-four hours prior to the time
set for convening the League's General Assembly.
(e) Parliamentarian Review. If the League President finds that the
petition has been signed by designated voting delegates of ten percent
of the number of Member Cities, the petition shall be reviewed by the
Parliamentarian for form and substance. The Parliamentarian's report
shall and -then be presented to the chair of the Resolutions Committee.
Among the issues that may be addressed by the Parliamentarian's
report is whether the resolution should be disqualified as being either #
the Par-liarnentarinn finds that a resole Mien submitted by petition is
(i) Non -germane to city issues or
(ii) Identical to or substantially similar in substance to a resolution
already under consideration, the petitioned Feselution well be
(0 The Resolutions Committee may disqualify a petitioned resolution as
either being (i) non -germane to city issues or (ii) identical or substantially
similar to a resolution already under consideration.
(g) Consideration by General Assembly. The petitioned resolution
along withand the action of the Resolutions Committee will be
considered by the League's General Assembly following consideration of
other resolutions.
(h) Availability of List of Voting Delegates. A list of voting delegates
shall be made available during the Annual Conference to any designated
ti,
voting delegate upon request.
Section 6: Full Debate. The opportunity for full and free debate on each
resolution brought before the General Assembly shall occur prior to adoption
consideration of a resolution.
Article VII: Board of Directors
Section 1: Role and Powers. Subject to the provisions and limitations of
California Nonprofit Corporation Law, any other applicable laws, and the
provisions of these bylaws, the League's activities and affairs are exercised by
or under the direction of the League's Board of Directors. The League Board is
responsible for the overall supervision, control and direction of the League.
The League Board may delegate the management of the League's affairs to
any person or group, including a committee, provided the League Board retains
ultimate responsibility for the actions of such person or group.
Section 2: Composition. The League's Board is composed of the following:
(a) A President, First Vice -President and Second Vice-
President/Treasurer of the League, who each serve a term of one year
and are elected pursuant to Article Vll, section 5, and
(ab) The Immediate Past President of the League who serves for a term
of one year, immediately succeeding his or her term as President;
(bc) Ten Directors -at -Large,
(1) Who serve for a term of one year,
(2) Wwho are elected by the League Board at its organization
meeting, and
(3) Aat least one of whom is a representative of a small city.
(od) One Director to be elected from each of the regional divisions and
departmen functional departments of the League, each of whom serves
for a term of two years:
(d) fl DresideRt Firo1 Vine_Dresiden+ and SePend Vine President of the
Leapu- rh_eaGh Q ie a term of eRe pie. r •gni-- Rd-aFe eleGted purravzr'rnrt tG
A rt*Gle VII, sesti9R L2,: ar4
(e) Members of the National League of Cities Board of Directors who
hold an office in a Member City.
Directors hold office until their successors are elected and qualified or, if they
sit on the League Board by virtue of their membership on the National League
of Cities Board of Directors, until their terms on the National League of Cities
10
Board of Directors conclude.
Section 3: Staggered Terms. The terms of the Directors are staggered, so
that the terms of approximately one-half of the members of the League Board
expire each year.
(a) Even -Numbered Year Terms. The terms of the Directors from the
departments of Fiscal Officers, Public Works Officers, Mayors and
Council Members, Planning and Community Development, Fire Chiefs,
City Clerks and the following regional divisions: Central Valley, Imperial
County, Monterey Bay, North Bay, Orange County, Redwood Empire,
Sacramento Valley and San Diego County expire in even -numbered
years,
(b) Odd -Numbered Year Terms. The terms of the Directors in the
departments of City Attorneys, City Managers, Police Chiefs, Recreation,
Parks and Community Services, Personnel and Employee Relations and
the following regional divisions: Channel Counties, Inland Empire,
Desert -Mountain, East Bay, Los Angeles County, ,
Peninsula, Riverside County and South San Joaquin Valley expire in
odd -numbered years.
Section 4: Election of Directors.
(a) Functional Department Directors. Unless their respective
functional department bylaws provide otherwise, Departmental Directors
are elected by their respective departments at the Annual Conference.
(b) Regional Division Directors. Unless their respective regional
divisions- bylaws provide otherwise, Regional Directors are elected at the
regional division meeting immediately preceding the Annual Conference.
(c) At -Large Directors. Directors -at -Large are elected by the League
Board at its organization meeting.
(d) Commencement of Terms. The term of office of all newly elected
Directors commences immediately on the adjournment of the Annual
Conference; however, the newly constituted League Board may meet
prior to the adjournment of the Annual Conference for the purpose of
organization.
11
(e) Additional Directors. In the event of the creation of additional
regional divisions or functional departments of the League, each regional
division or functional department may elect a representative to the
League Board. When a new functional department or regional division is
created at any Annual Conference, the League Board may select a
Director to represent such functional department or regional division until
the entity organizes and elects a Director in the regular manner. The
League Board may fix the initial term of any such Director from a new
regional division or functional department at either one or two years, so
as to keep the number of terms expiring on alternate years as nearly
equal as possible.
Section 5: Nomination and Election Process
(a) Composition. The League President, with the concurrence of the
League Board,? shall establish a nominating committee at least 90 days
in advance of the League's Annual Conference. The nominating
committee shall be comprised of nine members, eight of whom are
named from regional divisions, one from each division on the following
rotating basis:
(i) Even -Numbered Years: Central Valley, Imperial County, Monterey
Bay, North Bay, Orange County, Redwood Empire, Sacramento
Valley and San Diego County
(ii) Odd -Number Years: Channel Counties, Inland Empire, Desert -
Mountain, East Bay, Los Angeles County, Peninsula, Riverside
County, and South San Joaquin
The League President shall appoint the chair of the nominating
committee.
(b) Duties. The duties of the nominating committee are to:
(i) Member Outreach. Solicit nominations for the offices of Second Vice
President/Treasurer and ten at -large members for the League Board
from the League's Member Cities;
(ii) At -Large and Second Vice President Recommendation. Make
recommendations to the League Board on the following year's
League offrcers8 and at -large board members; and
See Bylaws Article Vll, section 8(c), for provisions relating to telephonic meetings.
a See Bylaws Article Vlll for provisions relating to League officers.
12
(iii) President and First Vice President Recommendation.
Recommend whether the previous year's First Vice President
becomes President and the previous year's Second Vice
President/Treasurer becomes First Vice President.
(c) Notice to Members. The identity of nominating committee members
shall be publicized in League publications and communications, along
with an explanation of the nomination process and relevant deadlines for
submitting nominations to the nominating committee.
(d) Decision and Report. The nominating committee's decision shall be
made and communicated to the League Board not later than 30 days
prior to the date of the League's Annual Conference and again at the
first board meeting at the Annual Conference. In addition, the
nominating committee shall make its report to the membership at the
opening general session of the Annual Conference.9
Section 66: Vacancies.
(a) Functional Departmental Directorships. In the event of a vacancy
in a functional departmental directorship, the president of the
department may become a member of the League Board or may
appoint a member of his or her department to fill the vacancy. The
person filling the vacancy holds office for the remainder of the term for
which his or her predecessor was elected.
(b) Regional Division Directorships. If a vacancy occurs in the
regional division directorship, the regional division in question may elect
a new Director at the next regular meeting of the regional division. The
person elected to fill such vacancy in a regional division directorship
holds office for the remainder of the term for which his or her
predecessor was elected.
Section 67: Resignation. Any Director resignation is effective upon receipt
in writing by the League's President or Executive Director, unless a later date
is specified in the letter.
Section 7-8: Meetings and Meeting Notice.
(a) Regularly Scheduled Board Meetings. The League Board shall meet no
fewer than four times a year. Notice of regularly scheduled Board meetings
shall be mailed to each Director at least 14 days before any such meeting.
(b) Emergency Board Meetings. A good faith effort shall be made to
9 See Bylaws Article Vlll, section 3 (for election of League officers) and Article V11, section 2(c)(2) (for
election of at -large board members).
13
provide notice of any emergency board meetings (for example, by first-class
mail, personal or telephone notification, including a voice messaging system or
other system or technology designed to record and communicate messages,
telegraph, facsimile, electronic mail, or other electronic means).
(c) Notice Content. All meeting notices shall include the meeting date, place,
and time of the meeting.
Section 89: Policies. The League Board may adopt such policies for its
government as it deems necessary and which are not inconsistent with these
bylaws. In the event of an inconsistency, these bylaws shall prevail.
Section 910: E*�+°Committees.
(a) General. The League Board may establish committees to study city
problems, advise on League educational efforts, make
recommendations with respect to League advocacy efforts, or to
engage in other appropriate League service.
(b) Executive Committee
(i) Composition. The Executive Committee of the League Board
consists of the following: the League's President, First Vice -
President, Second Vice-President(Treasurer, Immediate Past
President and Executive Director.
(ii) Authority. The Executive Committee has authority to act for
the League Board between Board meetings, provided that no
action of the Executive Committee is binding on the League
Board unless authorized or approved by the Board.
(c) Standing Policy Committees.10
(i) Charge. The League shall have a series of standing policy
committees, whose charge shall be to make recommendations to
the League Board on matters within the committees' jurisdiction,
as well as fulfill other duties specified in these bylaws (see, for
example, Article Vl, section 4(b)).
(ii) Membership. Each League policy committee shall be
comprised of the following:
10 The present standing policy committees are: 1) Administrative Services, 2) Employee Relations, 3)
Environmental Quality, 4) Community Services, 5) Housing, Community and Economic Development, 6) Public
Safety, 7) Revenue and Taxation, and 8) Transportation, Communications and Public Works.
14
• Two members appointed by each regional division
president;
• One member appointed by each functional department
president;
• No more than 14 members appointed by the League
president, to provide additional expertise, as well as
population and geographic balance; and
• Such representatives of affiliate organizations in the
capacity authorized by the League Board.
(iii) Feedback. Policy committees shall receive information on
actions taken on committee recommendations and the reasons
for those actions.
(d) Committee Chairs and Vice Chairs. The League President
appoints the chair of all League -wide committees. The term of such
appointments coincides with the League President's term. The League
President may appoint vice chairs for such committees, as the League
President deems necessary.
FCSW
YM M-
■
Section 44)11: Quorum and Voting. Except as otherwise provided in these
bylaws, participation by a majority of the members of the League Board
constitutes a quorum for the transaction of all business. Except as otherwise
provided in these bylaws, any action of the League Board requires a majority
vote of the Directors voting on the action. Proxy voting is not allowed.
Section 12: Compensation. The Directors do not receive any compensation
for their services, but, with League Board approval, may be entitled to
reimbursement for actual and necessary expenses incurred in the
performance of their duties.
Section 4-213: Reports of Directors. The League Board's duties include
providing an annual report to League members at the regular Annual
15
Conference showing the League's work, the League's financial condition, and
a statement with respect to the League's plans for further work and proposed
policies.
Section 4394: Standard of Care."
(a) General. A Director shall perform the Director's duties, including
duties on any committee on which the Director serves, in good faith, in
a manner the Director believes to be in the best interests of the League
and with such care, including reasonable inquiry, as an ordinarily
prudent person in a like situation would use under similar
circumstances.
(b) Reliance on Information. In performing the Director's duties, the
Director is entitled to rely on information, opinions, reports, or
statements, including financial statements and other financial data,
prepared or presented by:
(i) One or more League officers or employees whom the
Director believes to be reliable and competent as to the matters
presented;
(ii) Counsel, independent accountants, or other persons as to
matters which the Director believes to be within such person's
professional or expert competence; or
(iii) A League Board committee upon which the Director does
not serve, as to matters within the committee's designated
authority, provided that the Director believes the committee
merits confidence.
The Director may rely on such information, opinions, reports, or statements as
long as the Director acts in good faith after reasonable inquiry (when the need
for such inquiry is indicated by the circumstances) and as long as the Director
has no knowledge that would suggest that such reliance is unwarranted.
(c) Non -Liability. An individual who performs the duties of a Director in
accordance with this section will not be liable for any failure or alleged
failure to discharge that person's obligations as a Director, including,
without limiting the generality of the preceding, any actions or omissions
which are inconsistent with the League's nonprofit purposes.
11 See Cal. Corp. Code § 7231 (providing that a director who performs the director's duties according
to these standards is not liable for any alleged failure to properly discharge the individual's obligations as a
director).
16
- 7e=
MY
11. 1111111011111 ,
M-1,14,00.
Section 15: Right to Inspect Records. Every Director has a right at any
reasonable time to inspect and copy all League books, records and
documents of every kind and to inspect the League's physical property.
12
Section 16: Policy Changes. Any policy established by the League's
General Assembly may be changed by the League's Board upon ratification of
such proposed change by a majority of the regional divisions representing a
majority of Member Cities within the time period specified by the League
Board.
Article VIII: Officers
Section 1: Identity. The officers of the League are a President, a First
Vice -President, a Second Vice-President/Treasurer, an Immediate Past
President, and an Executive Director.
Section 2: Duties of League Officers.
(a) President. The President presides at all League Board
meetings and the Annual Conference. The President has such
other powers and duties as may be prescribed by these bylaws or
the League Board.
(b) First Vice -President. The First Vice -President carries on the
duties of the President in the President's temporary absence or
incapacity. The First Vice -President has such other powers and
duties as may be prescribed by these bylaws or the League Board.
(c) Second Vice-President/Treasurer. The Second Vice-
President/Treasurer carries on the duties of the President in the
President's and First Vice -President's temporary absence or
incapacity. The Second Vice-President/Treasurer has such other
powers and duties as may be prescribed by these bylaws or the
League Board.
12 See Cal. Corp. Code § 8333 (characterizing this right as "absolute").
17
Section 33: Election. The League Board elects the League's President,
First Vice -President and Second Vice -President for terms of one year. 13
The election occurs at the League Board'st+ee meeting at the
conclusion of the Annual Conference.
Section 34: Vacancies. A vacancy in the office of President is filled at
the next meeting of the League Board by the succession of the First Vice -
President to that office. A vacancy in the office of First Vice -President, or
Second Vice -P resident/Treasurer, is filled for the unexpired term by
appointment of a member of the League Board. A vacancy in the office of
the Immediate Past President is filled for the unexpired term by the last
Past President continuing to hold a city office.
Section 5: Executive Director and League Employees.
(a) Employment. The League Board selects an Executive Director
aad who employs, or causes to be employed, such other persons as
may be necessary who need not be League members. The
Executive Director and employees so�1,eGted perform such duties
and receive such compensation as the League Board may from time
to time prescribe.
(b) Specific Duties. 14 The Executive Director performs or causes to
be performed the following functions:
(1) Corporate Secretary. These duties include:
i) Keeping a full and complete record of the
proceedings of the League Board,
ii) Giving such notices as may be proper and
necessary,
iii) Keeping minute books for the League,
iv) Communicating the League Board's actions to
Member Cities,
+uv) Executing such instruments necessary to carry out
Board directives and policies, and
13 See Cal. Corp. Code § 7151(c)(5) (suggesting bylaws address this issue).
14 Nonprofit corporation law requires organizations like the League to have a secretary and chief financial
officer. See Cal. Corp. Code § 7213 (allowing any number of offices to be held by the same person). Typically,
these roles are assigned in the bylaws. Presently these functions are performed for the League by staff under the
direct supervision of the Executive Director and ultimate supervision of the League Board.
18
vvl) Complying with such other record-keeping and
reporting requirements of California Nonprofit
Corporation Law.
(2) Chief Financial Officer. These duties include
i) Having charge of and custody of and receiving,
safeguarding, disbursing and accounting for all League
funds,
ii) Depositing and investing such funds in such
institutions and investments as approved by the League
Board,
iii) Maintaining the League's financial books and
records,
iv) Preparing and submitting such accounting and tax
forms as may be required by local, state and federal
law.
(c) Insurance. All employees handling the finances of the League
shall be insured in such amount as the League Board deems
desirable or necessary, such insurance to be approved by the
League Board or a committee designated by the League Board and
the premiums paid by the League.
19
Article IX: Regional Divisions
Section 1: Listing.
(a) Existing Regional Divisions. The League is comprised of the
following regional divisions:
Central Valley
Channel Counties
Desert -Mountain
East Bay
Imperial County
Inland Empire
Los Angeles County
Monterey Bay
North Bay
Orange County
Peninsula
Redwood Empire
Riverside County
Sacramento Valley
San Diego County
South San Joaquin Valley
(b) New Divisions. Additional divisions may be formed through an
amendment to these bylaws (Article XVI).
Section 2: Purposes and Functions. The purposes and functions of
regional divisions of the League are as follows:
(a) To promote interest in the problems of city government and
administration among city officials the ^ff'^ors and employees „f
cities -within such divisions.
(b) To assist League officials in formulating policies by expressing,
through resolutions duly adopted, the recommendations of the
regional divisions. Resolutions adopted by regional divisions to be
considered at the Annual Conference shall be submitted in the
manner provided by Article VI.
(c) To take action consistent with general League policy as duly
adopted by the League's General Assembly or by the League's
Board. Regional divisions may take no action in conflict with such
policies. Nothing in the foregoing limits or restricts regional division
activities in matters of purely local interest and concern.
20
(d) To meet not less than once every three months, provided that
the League Annual Conference may be considered one such
meeting of a regional division.
Section 3: Names of Divisions. Each regional division will identify itself
as a division of the League of California Cities. A distinctive name by which
the division shall be known shall be adopted and shall be used as a prefix to
the League of California Cities, such as:
Inland Empire Division
League of California Cities
Section 4: Boundaries. The territorial boundaries of each regional
division may be fixed by each division subject to the approval of the
League's General Assembly.
Section 5: Membership. All cities within the boundaries of a regional
division may become members of and participate in the activities of that
division. A city may join a different regional division with the approval of
both the existing and proposed division, and the League's BeafdGeneral
Assembly.
Section 6: Voting. The representatives of each Member City may cast
collectively one vote on division matters, and a majority of the votes cast is
necessary for a decision. 15
Section 7: Officers.
(a) Identity. Each regional division elects a President, a Vice -
President, a representative on the League Board of Directors and a
Secretary, and such other officers as any regional division bylaws
may establish.
(b) Election Timing. Each regional division elects its officers at the
regional division meeting immediately preceding the League's Annual
Conference, unless another date is provided by any regional division's
bylaws.
(c) Terms.
(1) Directors' Terms and Commencement Dates. The term of
office and commencement date for regional division
15SeeArticle XI for additional information about voting.
21
representatives on the League Board are established in Article
VII, section 2(d) (4(term length) and 4(d) (term
commencement).
(ii) Other Officers' Terms and Commencement Dates. The
term of office of all other newly elected officers is one year. A
majority of the members may amend any regional division
bylaws to provide for two-year terms for regional division
officers. Except for representatives on the League Board, all
newly elected officers' terms commence immediately upon
election unless another date is provided by any regional
division's bylaws. 16
(d) Vacancies. In the event of a vacancy in any regional division
office," such vacancy is filled by election at the next regular meeting of
such division. The fact that such a vacancy will be so filled shall be
included in the notice of such meeting. This requirement also applies
to a vacancy in the office of regional division director, as provided in
Article VII, section 56(b).
(e) Duties.
(i) President. The President presides at all regional division
meetings and has such other powers and duties as may be
prescribed by any division bylaws.
(ii) Vice -President. The Vice -President carries on the duties
of the President in the President's temporary absence or
incapacity and has such other powers and duties as may be
prescribed by any division bylaws.
(iii) Secretary. The Secretary a) immediately notifies the
League of any change in the regional division officers, b)
records the minutes of all division meetings and sends one
copy to League headquarters, and c) prepares and mails all
notices of the meetings of the division and sends a copy to the
League headquarters.
(iv) Director. The regional division Director shall represent
the regional division on the League Board and shall keeps the
16 Note that this term commencement is different than that for the League board (whose terms commence
upon adjournment of the Annual Conference) and than that for department officers (also upon adjournment of the
Annual Conference).
77 Article XII, section 2, defines a vacancy.
22
division membership apprised of League Board activities. And
The Director serves as a liaison between the regional division
and the League Board.
Section 8: Resignation. Except as provided in Article VII, section 7 for
members of the League Board, a regional division officer's resignation is
effective upon receipt in writing by the division's President or Secretary,
unless a later date is specified in the letter.
Section 9: Regional Division Bylaws. Regional divisions may adopt their
own bylaws. Division bylaws may not conflict with the League's bylaws. In
the event of a conflict between a division's bylaws and League bylaws, the
League's bylaws will prevail; the League's bylaws also prevail when the
division does not have bylaws or the division's bylaws are silent.
Article X: Functional Departments
Section 1: Listing.
(a) Existing Departments. The League includes the following
functional departments:
Mayors and Council Members
City Attorneys
Fiscal Officers
Public Works Officers
City Managers
Planning and Community Development
Police Chiefs
Fire Chiefs
Recreation, Parks and Community Services
City Clerks
Personnel and Employee Relations
(b) New Departments. Additional functional departments may be
formed through an amendment to these bylaws (Article XVI).
Section 2: Officers
(a) Identity. Each functional department elects a President, a First
Vice -President, a Second Vice-President/Secretary, a representative
on the League Board, and such other officers as the department's
bylaws may establish.
(b) Election Timing. Each functional department elects its officers at
the department's business session at the League's Annual
23
Conference, unless the department's bylaws provide otherwise.
(c) Terms. The term length for functional department representatives
on the League Board is established in Article VII, section 2(d) (s). The
term of office of all other newly elected officers is one year. The term
of office of all newly elected department officers commences
immediately on the adjournment of the Annual Conference.
(d) Vacancies.18 A vacancy in the office of President is filled for the
unexpired term by the succession of the First Vice -President. A
vacancy in the office of the First Vice -President, or Second Vice-
President/Secretary of the functional department is filled by
appointment by the department President. The person so appointed
shall be a member of such department. A vacancy in the office of
department director is filled as provided in Article VII, section 66(a).
(e) Duties.
(i) President. The President presides at functional
department meetings and has such other powers and duties
as may be prescribed by any department bylaws.
(ii) First Vice -President. The First Vice -President carries on
the duties of the President in the President's temporary
absence or incapacity and has such other powers and duties
as may be prescribed by any department bylaws.
(iii) Second Vice-President/Secretary. The Second Vice-
President/Secretary carries on the duties of the First Vice -
President in the First Vice -President's temporary absence or
incapacity and has such other powers and duties as may be
prescribed by any department bylaws.
(iv) Director. The department Director shall represent the
functional department on the League Board and shall keep the
department membership apprised of League Board activities.
The Director serves as a liaison between the department and
the League Board. The department keeps the divisien
member -ship nnnriced of League Qearr) aetivitieS and sewer,
as a liaisen between the denaFtMent anti the League Qear/t
(f) Resignation. Except as provided in Article VII, section 67 for
members of the League Board, a functional department officer's
resignation is effective upon receipt in writing by the department's
1e Article XII, section 2, defines a vacancy.
24
President or Second Vice -President/ Secretary, unless a later date is
specified in the letter.
Section 3: Voting. Except as otherwise provided in a functional
department's bylaws, the representatives of each Member City may cast
collectively one vote on functional department matters. 19 A majority of the
votes cast is necessary for a decision .20
Section 4: Department Meetings. Functional departments meet at the
Annual Conference and at other times and places as they find necessary.
Section 5: Department Bylaws. Functional departments may adopt their
own bylaws. Such bylaws may not conflict with the League's bylaws. In the
event of a conflict between a department's bylaws and League bylaws, the
League's bylaws will prevail; the League's bylaws also prevail when the
department does not have bylaws or the department's bylaws are silent.
Article XI: Voting
Section 1: Voice Vote. Except as otherwise provided in Article V, section
7, all voting in meetings of the General Assembly of the League, its divisions
and departments is by voice vote.
Section 2: Alternative Methods. If the presiding official cannot determine
the outcome of the voice vote or three or more Member Cities request, an
alternative method of voting may be used. An alternative voting method
may be by any means (show of hands, written ballot, etc.) which allows the
presiding official to accurately determine the outcome of the vote.
Section 3: Roll Call Votes. A roll call may be demanded by
representatives of thFee „F meFe Mernb F Gitiesten percent or more of the
voting delegates registered with the Credentials Committee.
Section 4: One City One Vote. Except as otherwise provided in a
functional department's bylaws, the representatives of each Member City
present and in good standing collectively cast one vote .2' A majority of the
votes cast is necessary for a decision.
Section 5: Mail Balloting. In addition to voting at League meetings, the
League may solicit member input by mail ballot.
19 Note that Article XI, section 4 allows departments to adopt a different voting allocation in their bylaws.
20 See Article XI for additional information about voting.
2' For purposes of the General Assembly (see articles V and VI), the mechanism through which city officials
do this is the designated voting delegate.
25
(a) Mailing. 22 The question(s) to be voted upon, along with
explanatory materials and a ballot, shall be mailed by first class mail to
each Member City for consideration and action.
(b) Time Frame for Action. Member Cities shall have at least 45
days to cast their vote. Ballots shall be cast by returning the Member
City's ballot to the League's principal office in Sacramento.
(c) Ballot Tabulation and Results Announcement. The League
President will appoint a counting committee of three board members
to count the votes cast by mail ballot. The counting committee will
submit its count to the League Board, which shall canvass the vote
and announce the results.
(d) Functional Departments and Regional Divisions.
Departments and divisions may also use mail balloting under
procedures specified in their respective department and division
bylaws.
Article XII: Qualifications to Hold Office and Vacancies
Section 1: Eligibility to Hold Office.
(a) In General. Excepting the office of Executive Director, no person
shall be eligible to hold office in the League or any League division or
department unless the individual is officially in city service in a
Member City at the time of the person's election or appointment.
(b) Length of Service. An individual who has occupied an elected
League Board office (as defined in Article VIII, section 1) for nine
months (275 days) or more is ineligible to stand for election for that
same office again.
Section 2: Vacancies.
(a) Vacancy Defined. A League office becomes vacant when an
individual resigns, misses three consecutive convened meetings or
leaves city service.
(b) Effective Date of Vacancy Caused by Leaving City Service.
The effective date of a vacancy caused by a departure from city
22 The Administrative Services Committee recommends the League also include notice of the upcoming
ballot in a variety of League communications, to alert Member Cities to make inquiry in the event a city's ballot is lost
in the mail.
service is three months (92 days) after an individual ceases to
occupy the same or comparable city office as the individual had when
the individual was elected or appointed to League office.
(c) Effective Date of Resignations. For the effective dates of
resignations, see Article VI I, section 6-7 (effective date of League
Board resignations), Article IX, section 8 (effective date of regional
division officer resignations), and Article X, section 2(f) (effective date
of department officer resignations).
(d) Filling Vacancies. Vacancies will be filled as provided in these
bylaws, see Article VII, section 56 (filling League Board vacancies),
Article IX, section 7(d) (filling regional division officer vacancies), and
Article X, section 2(d) (filling functional department officer vacancies).
Article XIII: Finances
Section 1: Fiscal Year. The fiscal year of the League is the calendar year.
Section 2: Budget.
(a) Preparation and Approval. Not less than fifteen days prior to
the budget meeting of the League Board, the Executive Director W#I
shall distribute to the Board a detailed budget describing the
estimated revenues and expenditures for the ensuing budgetary
period for the League Board's consideration and approval.
(b) Dissemination. Upon approval, a copy of the League's budget
shall be sent to each regional division and functional department
president, who shall make it available to division and department
members.
Section 3: Limitation of Expenditures. The League Board may not incur
indebtedness in excess of the estimated or actual revenues for the ensuing
fiscal year, without the approval of the League's General Assembly.
Section 4: Annual Audit. The League's accounts shall be audited by a
certified public accountant after the close of each fiscal year.
Section 5: Special Assessment for League Building. By resolution
approved by a majority of those cities present and voting thereon at an
Annual Conference, a special assessment may be levied for a permanent
headquarters office building in Sacramento as specified in the resolution.23
23 See also section 4 in Article XV, relating to disposition of League property upon dissolution.
27
Article XIV: Prohibited Transactions
Section 1: Loans. Except as permitted by California Nonprofit Corporation
Law, 24 the League may not make any loan of money or property to, or
guarantee the obligation of, any director or officer. This prohibition does not
prohibit the League from advancing funds to a League director or officer for
expenses reasonably anticipated to be incurred in performance of their
duties as an officer or director, so long as such individual would be entitled
to be reimbursed for such expenses under League Board policies absent
that advance.
Section 2: Self -Dealing and Common Directorship Transactions 25
(a) Self -Dealing Transactions. A self-dealing transaction is a
transaction to which the League is a party and in which one or more
of its directors has a material financial interest.
(b) Common Directorships. "Common directorships" occur when
the League enters into a transaction with an organization in which
one of the League directors also serves on the organization's board.
24 Section 7235 of the Corporations Code provides:
(a) Unless prohibited by the articles or bylaws, a corporation may loan money or properly to, or
guarantee the obligation of, any director or officer of the corporation or of its parent, affiliate or
subsidiary, provided:
(1) The board determines the loan or guaranty may reasonably be expected to benefit the
corporation.
(2) Prior to consummating the transaction or any part thereof, the loan or guaranty is either:
(A) Approved by the members (Section 5034), without counting the vote of the director
or officer, if a member, or
(B) Approved by the vote of a majority of the directors then in office, without counting
the vote of the director who is to receive the loan or the benefit of the guaranty.
(b) Notwithstanding subdivision (a), a corporation may advance money to a director or officer
of the corporation or of its parent, affiliate or subsidiary, for any expenses reasonably
anticipated to be incurred in the performance of the duties of the director or officer of the
corporation or of its parent, affiliate or subsidiary, provided that in the absence of such an
advance the director or officer would be entitled to be reimbursed for these expenses by the
corporation, its parent, affiliate, or subsidiary.
(c) The provisions of subdivisions (a) and (b) do not apply to credit unions, or to the payment
of premiums in whole or in part by a corporation on a life insurance policy on the life of a
director or officer so long as repayment to the corporation of the amount paid by it is secured
by the proceeds of the policy and its cash surrender value, or to loans permitted under any
statute regulating any special class of corporations.
25 See generally Cal. Corp. Code § 7233 (establishing these requirements). Note that interested or
common directors may be counted in determining the existence of a quorum in a board or committee meeting that
approves such transactions. See Cal. Corp. Code § 7234.
28
(c) Pre -Transaction Approval. To approve a transaction involving
either self-dealing or a common directorship, the League Board shall
determine, before the transaction, that
(i) The League is entering into the transaction for its own
benefit;
(ii) The transaction is fair and reasonable to the League at the
time; and
(iii) After reasonable investigation, the League Board
determines that it could not have obtained a more
advantageous arrangement with reasonable effort under the
circumstances.
Such determinations shall be made by the League Board in good faith, with
knowledge of the material facts concerning the transaction and the director's
interest in the transaction, without counting the vote of the interested
director or directors.
(d) Post -Transaction Approval. When it is not reasonably
practicable to obtain Board approval before entering into such
transactions, a Board committee may approve such transaction in a
manner consistent with the requirements in the preceding paragraph,
provided that, at its next meeting, the full Board determines in good
faith that the League Board committee's approval of the transaction
was consistent with such requirements and that it was not reasonably
practical to obtain advance approval by the full Board, and ratifies the
transaction by a majority of the directors then in office without the
vote of any interested director. 26
26 See Cal. Corp. Code § 7233 (specifying under what circumstances a self-dealing transaction is void or
voidable).
M
Article XV: Miscellaneous
Section 1: Indemnification.
(a) Indemnity Authorized. To the extent allowed by California
Nonprofit Corporation Law, 27 the League may indemnify and advance
expenses to its agents in connection with any proceeding, and in
accordance with that law. For purposes of this section, "agent"
includes directors, officers, employees, other League agents, and
persons formerly occupying these positions.28
(b) Approval of Indemnity. An individual seeking indemnification
shall make a written request to the League Board in each case.
(i) Success on the Merits. To the extent that the individual
has been successful on the merits, the League Board will
promptly authorize indemnification in accordance with
California Nonprofit Corporation Law.29
(ii) Other Instances. Otherwise, the League Board shall
promptly determine, by a vote of a majority of a quorum
consisting of directors who are not parties to the proceeding,
whether, in the specific case, the agent has met the applicable
standard of conduct under California law, 30 and, if so, will
authorize indemnification to the extent permitted.
27 The scope of indemnity for mutual benefit corporations is governed by Corporations Code section
7237, which is excerpted in the footnotes below.
28 Section 7237(a) provides in pertinent part:
For the purposes of this section, "agent' means any person who is or was a director, officer,
employee or other agent of the corporation, or is or was serving at the request of the corporation
as a director, officer, employee or agent of another foreign or domestic corporation, partnership,
joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or
domestic corporation which was a predecessor corporation of the corporation or of another
enterprise at the request of such predecessor corporation ...
See Cal. Corp. Code § 7237(a).
Section 7237(d) provides
To the extent that an agent of a corporation has been successful on the merits in defense of any
proceeding referred to in subdivision (b) or (c) or in defense of any claim, issue or matter therein,
the agent shall be indemnified against expenses actually and reasonably incurred by the agent
in connection therewith.
See Cal. Corp. Code § 7237(d).
30 These standards are largely contained in section 7237(b) or section 7237(c), which provide:
30
(c) Advancing Expenses. To the extent allowed by under California
Nonprofit Corporation Law ,31 the League Board may authorize an
advance of expenses incurred by or on behalf of an agent of this
corporation in defending any proceeding prior to final disposition.
The League Board shall find that
(1) the requested advances are reasonable; and
(2) before any advance is made, the agent will submit a written
undertaking satisfactory to the League Board to repay the
advance unless it is ultimately determined that the agent is
entitled to indemnification for the expenses under this section.
Section 2: Insurance.32 The League Board may authorize the purchase of
insurance on behalf of any agent against any liability asserted against or
incurred by the agent in such capacity or arising out of the agent's status as
such, and such insurance may provide for coverage against liabilities
beyond the League's corporation's authority to indemnify an agent under
law.
Section 3: Contracts and Execution of Instruments. All contracts
entered into on behalf of the League shall be authorized by the League
Board, or by the person or persons upon whom the League Board confers
such power from time to time. Except as otherwise provided by law, every
check, draft, promissory note, money order, or other evidence of
indebtedness of the League shall be signed by the persons authorized to do
so by the League Board.
(b) A corporation shall have power to indemnify any person ... if such person acted in good
faith and in a manner such person reasonably believed to be in the best interests of the
corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the
conduct of such person was unlawful ...
(c) A corporation shall have power to indemnify any person ... if such person acted in good
faith, in a manner such person believed to be in the best interests of the corporation and with
such care, including reasonable inquiry, as an ordinarily prudent person in a like position would
use under similar
circumstances ...
See Cal. Corp. Code § 7237(b) and (c) (with exceptions).
31 Section 7237(a) provides in pertinent part:
.. "expenses" includes without limitation attomeys' fees and any expenses of establishing a
right to indemnification under subdivision (d) or paragraph (3) of subdivision (e).
See Cal. Corp. Code § 7237(a).
32 See also Cal. Corp. Code § 7237(i) (authorizing insurance).
31
Section 4: Disposition of Assets Upon Dissolution. 33 The League's
properties and assets are irrevocably dedicated to the fulfillment of the
League's purposes as described in Article II. No part of the League's net
earnings, properties and assets, on dissolution or otherwise, may inure to
the benefit of any private person. On liquidation or dissolution, the League's
net assets shall be distributed to the League's Member Cities consistent
with the provisions of the California Nonprofit Corporations Law relating to
mutual benefit corporations then in effect.
Section 5: Parliamentary Authority. Subject to the provisions of these
bylaws, Robert's Rules of Order or such other parliamentary rules as may be
adopted by the League Board shall prevail at all meetings of the League, the
League Board, and in all functional departments and regional divisions.
Section 6: Seal. The League Board has provided a suitable seal for the
League which is shallcircular and which contains the following inscription:
"LEAGUE OF CALIFORNIA CITIES
INCORPORATED NOVEMBER 4, 1932, CALIFORNIA"
The seal may be affixed to corporate instruments, but any failure to affix it
does not affect the instrument's validity.
Section 7: Governing Law. In all matters not specified in these bylaws, or
in the event these bylaws are inconsistent with applicable law, the provisions
of California Nonprofit Corporation Law then in effect appliesapply.
Article XVI: Amendments
Section 1: Consideration. These bylaws may be amended by the League's
General Assembly (see Article XVI, section 5 for procedures) or by a mail
ballot to Member Cities (see Article Xl, section 5 for procedures).
Section 2: Vote Threshold. A two-thirds vote of approval of those voting is
necessary to amend these bylaws.
Section 3: Who May Propose. Amendments may be proposed by the
League Board or by petition of ten percent of Member Cities. The proponent
may specify whether the amendment is to be considered at the General
Assembly or by mail ballot.
33 This section reinforces the League's status as a mutual benefit corporation and protects cities' interests
in their investment in the League's headquarters building. See also Cal. Corp. Code § 8717 (assets upon
dissolution must be distributed according to bylaws).
32
Section 43: Board Review. Any amendment proposed by petition shall be
submitted to the League Board in writing for its review. The League Board's
recommendation and reasons following its review shall accompany all
materials relating to the proposed amendment.
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Section 5: Procedure for Consideration by General Assembly.
(a) Notice. The meeting notice required by Article V, section 3 for League
meetings shall include notice of any proposal to amend the League's bylaws,
along with the subject of the proposed amendment(s).
(b) Consideration by General Assembly. The proposed amendment, along
with any action by the League Board pursuant to section 4 of this Article, shall
be considered by the General Assembly along with any resolutions presented
pursuant to Article VI.
34 Article XVI (relating to bylaws amendments), section 1 ("A two-thirds vote of approval is necessary
to amend these bylaws."), and Article XI (relating to voting), section 4 (tying outcomes to the number of votes
cast), are instructive in determining the number of votes necessary for a proposed bylaws amendment to pass
via mail ballot. Read together, these suggest two-thirds of those cities responding to the mail ballot must vote
in favor of the proposed bylaw amendment for the amendment to be approved. This reading is also consistent
with Article V (relating to membership meetings), section 6 (defining a quorum as "[t]he presence of the voting
delegates (or alternate) from a majority of Member Cities registered to attend the Annual Conference" —
emphasis added), since ultimately a quorum is tied to the;number of cities registered to attend the conference,
as opposed to the number of Member Cities in general.
Note too that the bylaws contain a protective provision that allows one-third or more of Member Cities
to submit a written protest of any bylaws amendment, which requires the amendment to be suspended and
voted upon at the next Annual Conference. See section 7 of Article XVI.
33
Section 6: Effective Date. After approval, amendments go into effect
Frimediately after the expiration of the protest period (see Article XVI, section
7) unless otherwise specified in the amendment.
Section 7: Protest and Suspension until Next Conference. If, within sixty
days after the adoption of any amendment, one-third or more of the Member
Cities submit a written protest against such amendment, the amendment is
automatically suspended until the next Annual Conference, when it may be
taken up again for reconsideration and vote.
Article XVI1. Establishment and Financing of
Grassroots Network 35
Section 1: Enhancement of Advocacy Efforts.
To enhance the League's advocacy efforts on behalf of cities, the League
hereby establishes a Grassroots Network. The Grassroots Network
consists of a series of field offices throughout California, responsible for
coordinating city advocacy efforts and promoting statewide League policy
priorities.
Section 2: Dues Increase
(a) Initial Financing. The dues increase approved concurrently with
the addition of.Article XVI shall finance the League's Grassroots
Network for the second half of 2001 and for 2002. The increase shall
be used exclusively to finance the Grassroots Network.
(b) Continued Financing. Any subsequent dues increases shall
occur in accordance with Article IV.
Section 3: Accountability
(a) Annual Goal -Setting and Performance Assessment. The
League Board shall set long-term goals and annual objectives for the
League's Grassroots Network. The League Board shall periodically
report to the League's Member Cities on the Grassroots Network's
performance in meeting those goals and objectives.
(b) Board Discontinuance. If at any time the League Board finds
the Grassroots Network is not meeting its objectives on behalf of
35 The language in Article XVII was approved by mail ballot in July 2001.
34
cities, the League Board may discontinue the Grassroots Network.
(c) Membership Vote on Program Continuation. On or before
December 31, 2007, Member Cities shall vote (see Article Xi, section
5 for procedures) on whether to continue the Grassroots Network
beyond December 31, 2008.
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Revised August 28, 2001
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