HomeMy WebLinkAbout05.C- City Clerk RESOLUTION (ID # 2360) DOC ID: 2360
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
In Support/Opposition
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 04/15/2013
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): N/A
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Clerk to Cast the City's Vote Approving Two Amendments to the League of California
Cities' Bylaws. (#2360)
Current Business Registration Certificate: Not Applicable
Financial Impact:
No budget impacts
Motion: Adopt the Resolution.
Background:
As a member of the League of California Cities (the "League"), San Bernardino has a right to
vote on proposed amendments to the League bylaws.
At its February 2013 meeting, the League's Board of Directors approved submitting two
amendments to the League's bylaws to its membership. The proposed amendments would amend
the bylaws to provide that:
1. Resolutions submitted to the League for presentation to the General Assembly must be
concurred in by at least five or more cities or by city officials from at least five or more cities;
and
2. The League Board may take a position on a statewide ballot measure by a two-thirds vote of
those Directors present. Currently,the Board may take positions with a simple majority vote.
If the City should choose to vote on the proposed amendments, the ballots are due back to the
League by April 19, 2013.
The proposed League of Cities Resolution and ballot are attached as back-up to this item.
City Attorney Review:
Supporting Documents:
League_Letter(PDF)
reso 2360 (PDF)
Pa�lCet
Updated:4/10/2013 by Georgeann"Gigi"Hanna L '
T LEAGUE
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SACRACR AMM STREET
ENTOO,CA 95814
ex:(916)658-8200 RREjV[,lf Gj i'l COF ITIES
CALIFORNIA sM
r-x:(916)658-8240
M3 MAR--"I PM 3: 5th
W WW.CAC:ITIrs.ORG
March 5,2413
To: League Membership
From: Chris McKenzie, Executive Director
Re: Proposed Amendments to League Bylaws
At its February meeting,the League's Board of Directors approved submitting two amendments
to the League's Bylaws to the membership.The proposed amendments would amend the Bylaws
to provide that:
1. Resolutions submitted to the League for presentation to the General Assembly must be
concurred in by at least five or more cities or by city officials from at least five or more s
cities.
2. The League Board may take a position on a statewide ballot measure by a 2/3rd vote of
those Directors present. Currently, the Board may take positions with a simple majority m
vote. m
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The Board's purpose in submitting the first proposed amendment is to encourage members to 0
seek concurrence of otherwoities and city officials that the subject of a proposed resolution is a 4)
substantial one and of broad interest and importance to cities. The Board's purpose in submitting
the second proposed amendment is to ensure that when the Board considers a position on -J
possibly controversial statewide ballot measures,the Board's ultimate decision represents a
broad consensus of the Directors.
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The language of the proposed amendments is provided in the attached Resolution. To be
approved,the Bylaws require each amendment must receive a 2/3rd vote of those members -J
voting. To consult the League's Bylaws: go to www.cacities.or>r. The link is at the bottom of the
page. M
As provided in the League's Bylaws,the Board of Directors is submitting these amendments to
the membership for approval.by mail.ballot. Please return the enclosed ballot, signed by an =
authorized city official,.by April 19,2013.
a
Ballots may be submitted by email to: ballots @cacities.org.
By mail to:
League of California Cities
Attn: Ballots
1400 K Street,4t1i Floor
Sacramento, CA 95814
Or by fax to: (916) 658-8240
Thank you for your attention to this important matter concerning the League's governance. If
you have questions,please direct them to Patrick Whitnell, General Counsel at
pwhitnell @cacities.org.
e _ -M Packet Pg.51
5.C.a
PROPOSED RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS
WHEREAS,the League of California Cities is a nonprofit mutual benefit corporation under
California law and,as such,is governed by corporate bylaws;and
WHEREAS,the League's Board of Directors periodically reviews the League's bylaws for issues
of clarity,practicality,compliance with current laws,and responsiveness to membership interests; and
WHEREAS,the League Board of Directors at its February 7-8,2013 meeting approved
submitting the following amendments to the League's bylaws to the League's membership by mailed
ballot:
1. Article VI,section 2 of the League's bylaws is amended to read as follows:
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"Resolutions may originate from city officials,city councils, regional divisions,functional
departments,policy committees,or the League Board or by being included in a petition signed by v
designated voting delegates of ten percent of the number of Member Cities. Except for petitioned
resolutions all other resolutions must be submitted to the League with documentation that at least five or m
more cities or city officials from at least five or more cities have concurred in the resolution."
2. A new Article VII,section 16 is added to the League's bylaws to read as follows: v
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"Section 16: Positions on Statewide Ballot Measures. a,
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Notwithstanding any other provision of these bylaws,the League Board may take a position on a J
statewide ballot measure by a 2/3`d vote of those Directors resent." °
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Now,therefore,be it L
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RESOLVED,that the League Board of Directors at its April 24-25, 2013 meeting in Sacramento,
California,after a canvass of mailed ballots,has determined that the above amendments to the League bylaws 3
have been approved by a 2/3`d vote of those Member Cities voting.These amendments shall take effect 60
days after the approval of this resolution.
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Packet Pg.52
5.C.a
Ballot on Bylaws Amendments
City of
Does your city vote to approve the amendment of article VI, section 2 of
the League's bylaws relating to submission of resolutions to the
League's General Assembly as set forth in the Proposed Resolution and
incorporated by reference in this ballot?
• Yes
• No o,
M
Does your city vote to approve the addition of article VII, section 16 to the
League's bylaws relating to the League Board vote threshold for taking
positions on statewide ballot measures as set forth in the Proposed m
Resolution and incorporated by reference in this ballot?
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• Yes
• No
to
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Ballot returned by:
Y
City Official Name -j,
City Official Title
Please return this ballot by April 19, 2013 to:
League of California Cities a
Attn: Ballots
1400 K Street, 4th Floor
Sacramento, CA 95814
or by email to: ballots @cacities.org
or by fax to: (916) 658-8240
Thanks in advance for your participation in this important decision.
Packet Pg. 53
t RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O
3 SAN BERNRADINO AUTHORIZING THE CITY CLERK TO CAST THE CITY'
4 VOTE APPROVING TWO AMENDMENTS TO THE LEAGUE OF CALIFORNI
CITIES' BYLAWS.
s
WHEREAS,the City of San Bernardino is a member of the League of California Cities
6
("League"),which is a nonprofit mutual benefit corporation organized under California law and,
7
as such, is governed by corporate bylaws; and
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WHEREAS,the League's Board of Directors periodically reviews the League's bylaws
9 c
for issues of clarity,practicality,compliance with current laws, and responsiveness to
10
membership interests; and
11 >+
WHEREAS, the League Board of Directors at its February 7-8,2013 meeting approved m
12
submitting the following amendments to the League's bylaws to the League's membership by 0
13 `~
mailed ballot: a°,
14 1. Article VI, section 2 of the League's bylaws is amended o
15 to read as follows:
"Resolutions may originate from city officials, city o
16 councils, regional divisions,functional departments, N
policy committees, or the League Board or by being c
17 included in a petition signed by designated voting N
18 delegates of ten percent of the number of Member o
Cities. Except for petitioned resolutions all other L
19 resolutions must be submitted to the League with
documentation that at least five or more cities or city
20 officials from at least five or more cities have
L)
21 concurred in the resolution."
a
22 2. A new Article VII, section 16 is added to the League's
bylaws to read as follows:
z3 "Section 16: Positions on Statewide Ballot Measures
24 Notwithstanding-Any other provision of these bylaws
the League Board ma take a position on a statewide_
25 ballot measure by a 2/3rd vote of those Directors
—rep sent"
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- t Packet Pg.54
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
1 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
2
3 SECTION 1: The City Clerk is hereby authorized and directed to execute on behalf of
4 the City, the Ballot on Bylaws Amendments approving the amendment of Article VI, Section 2
5 of the League of California Cities' bylaws.
6 SECTION 2: The City Clerk is hereby authorized and directed to execute on behalf of
7 the City, the Ballot on Bylaws Amendments approving the amendment of Article V11, Section 16
8 of the League of California Cities' bylaws.
9 SECTION 3: The authority granted by this Resolution shall expire and be void and of
10 no further effect if the Ballot on Bylaws Amendment is not executed and submitted to the
3
t t League of California Cities by April 19, 2013. m
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-2 �. Pa0kot ?g.55'
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O
1 SAN BERNRADINO AUTHORIZING THE CITY CLERK TO CAST THE CITY'
2 VOTE APPROVING TWO AMENDMENTS TO THE LEAGUE OF CALIFORNIA
CITIES' BYLAWS.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
5 Common Council of the City of San Bernardino at a meeting thereof,
6 held on the day of ,2013, by the following vote,to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
MARQUEZ
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JENKINS
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11 VALDIV IA
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12 SHORETT °:
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13 KELLEY 0
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JOHNSON J
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16 MCCAMMACK M
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The foregoing resolution is hereby approved this day of ,2013.
20 s
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22 Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to form:
24 JAMES F. PENMAN,
zs City Attorney
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By: ,?
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-3 Packe#Pg.56