CC SR 20241001 03 - Cal Cities Conference Reso
CITY COUNCIL MEETING DATE: 10/01/2024
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to advise the City’s voting delegate on the City
Council’s positions regarding Cal Cities 2024 Annual Conference Resolution.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Council’s voting delegate to support the adoption of Cal
Cities General Assembly Resolution No. 1 on Fair and Equal Treatment of All
Governmental Officials at All Levels.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Megan Barnes, Senior Administrative Analyst
REVIEWED BY: Catherine Jun, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. 2024 Cal Cities Annual Conference Resolution packet (page A-1)
BACKGROUND AND DISCUSSION:
The Cal Cities 2024 Annual Conference will be held between October 16 and 18, 2024 at
the Long Beach Convention Center. At the annual conference, the Cal Cities General
Assembly will consider one resolution at the annual business meeting on Friday, October
18. The City Council is encouraged to review the attached resolution (Attachment A) and
determine a City position on it so that the City of Rancho Palos Verdes’ voting delegate
(i.e., Mayor Cruikshank) and/or alternates (Councilmember Bradley and City Manager
Mihranian were identified as alternates by the City Council at its August 6, 2024 meeting)
may most effectively represent and convey the City’s position on the resolution.
Policy development is a vital and ongoing process within Cal Cities. The principal means
for deciding policy on the important issues facing cities and Cal Cities is through the
1
CITYOF RANCHO PALOS VERDES
organization’s seven standing policy committees1 and the Board of Directors. The
process allows for timely consideration of issues in a changing environment and assures
city officials the opportunity to both initiate and influence policy decisions. Annual
conference resolutions constitute an additional way to develop Cal Cities policy.
This year’s resolution has been reviewed by Staff to identify any potential impact to the
City. A brief description and Staff’s recommendation is provided below. The full text of the
resolution is attached to this report, along with related background information provided
by its sponsors and Cal Cities staff (Attachment A).
1. Fair and Equal Treatment of All Governmental Officials at All Levels
The City of Glendora proposes a resolution calling on Governor Gavin Newsom, the State
of California, and the elected members of the California Legislature, including all
members of the Senate and Assembly, to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not
sign into law, any law or regulation that applies solely to elected officials of
California cities and counties, unless such law or regulation also applies
equally to members of the California State Assembly and Senate. This
prohibition shall not apply to laws or regulations affecting the inherent
powers of the legislative branch under the California Constitution.”
The proposed resolution states that examples of the Legislature imposing rules limiting
authority or regulating the conduct of local municipal officials that do not also apply to
elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government
Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California
Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the
“Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates
for local elected office, but not to candidates for state -wide office.
More information on these examples is included in Attachment A.
The proposed resolution has earned letters of support from Mayor Cruikshank, Arcadia
Mayor April Verlato, Azusa Mayor Robert Gonzales, La Verne Mayor Tim Hepburn, and
Lomita Mayor Bill Uphoff.
The proposed resolution would send a message to members of the state Legislature that
they should be subject to the same rules imposed on local officials to prevent corruption
1 Resolution No. 1 will be reviewed by the Governance, Transparency, and Labor Relations Policy
Committee.
2
and enhance government transparency — that constituents benefit from transparency at
all levels of government.
Government transparency and accessibility have long been among the City of Rancho
Palos Verdes’ tenets and priorities. This is reflected not only in the City Council Goals
category of Government Efficiency, Transparency, and Accountability, but in the
Government Transparency and Effectiveness section of the Legislative Platform.
The City has a history of enhancing transparency and accessibility to public meetings.
The City was an early adopter of streaming City Council meetings online and maintains
an archive of meeting videos dating to the early 2000s. During the COVID-19 pandemic,
Rancho Palos Verdes was one of the first South Bay cities to hold virtual City Council
meetings and transition to a hybrid in-person/virtual meeting format, which was duplicated
by surrounding cities through the assistance of the City’s IT Manager. While many
agencies have since returned to the in-person only format, the City continues to offer
hybrid virtual participation for City Council, Planning Commission, and committee
meetings, which remains popular among attendees who may not otherwise participate.
CONCLUSION:
As noted in Cal Cities’ analysis, the state Legislature has passed, and Governor Newsom
has signed many laws that apply to local governments and do not apply to the state or
the Legislature. Subjecting members of the Legislature to the same transparency
standards as elected officials in cities and counties would only serve to enhance public
participation and oversight. Given the importance of government transparency and
accessibility to the City, especially at a time when local control is under attack by the
state, Staff believes it is in the City’s interest to support the adoption of 202 4 Cal Cities
General Assembly Resolution No. 1.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action s are available for
the City Council’s consideration:
1. Direct the voting delegate and/or alternate(s) to oppose or take no position
on the adoption of 2024 Cal Cities Resolution No. 1.
2. Direct Staff to further research issues related to the resolutions before
providing direction to the voting delegate and/or alternate(s), and continue
this matter to the October 15, 2024 City Council meeting.
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2023-2024
CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
August 28, 2024
TO: Mayors, Council Members, City Managers, and City Clerks
RE: Cal Cities 2024 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities
members may submit resolutions on issues of importance to cities. This year,
Cal Cities received one resolution by the Aug. 17 deadline.
The attached packet contains the proposed resolution, supporting letters
from city officials, and an analysis of the resolution by Cal Cities. The
packet includes detailed information on the resolution process.
We encourage each city council to consider the resolution and determine
a city position so your voting delegate can represent your city’s position on
the resolution.
Voting Delegates: City councils must appoint a voting delegate to vote
during the General Assembly. Each city may also appoint up to two
alternate delegates. If your city has not already done so, please appoint
your voting delegate by Sept. 25. The voting delegate packet contains
more information.
The Cal Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in
the Long Beach Convention Center during the Annual Conference and
Expo.
For questions about resolutions, voting delegates, or the General Assembly,
please contact Zach Seals.
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LEAGUE OF
CALIFORNIA
CITIES
2024 Resolutions Packet
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LEAGUE OF
CALIFORNIA
CITIES
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted
resolution to the Governance, Transparency, and Labor Relations Policy
Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the
resolution and make a recommendation that will be sent to the Resolutions
Committee. A public comment period will be held during the meeting. Register
for the meeting here.
A list of recommendations the policy committee may make during its meeting are
on page three of this packet.
Consideration by Resolutions Committee (during conference)
On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the
resolution and the recommendation of the policy committee.
The Resolutions Committee consists of one representative from each of Cal Cities
caucuses, departments, divisions, and policy committees, as well as up to ten
additional appointments made by the Cal Cities President. A public comment
period will be held during the meeting. Refer to the onsite conference program
for the location.
A list of recommendations the Resolutions Committee may make during its
meeting are on page three of this packet.
Consideration by the General Assembly (during conference)
The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any
qualified resolutions. To vote during the General Assembly, voting delegates must
have checked-in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the
evening of Oct. 17. For more information on voting and discussion procedures
during the General Assembly, see page four of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals
during the annual conference. To initiate a petitioned resolution, voting delegates
from 10% of member cities must sign the petition. The resolution and signatures are
due at least 24 hours before the beginning of the General Assembly. Voting
delegates who have checked-in at the voting delegate booth can receive more
information on petitioned resolutions at the booth onsite.
1 A-3
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to
ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote
local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the
development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal
Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly
Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly.
2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2 A-4
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2024 Resolutions Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was
assigned, and the Resolutions Committee. The below table shows what
recommendations these bodies may make on the resolution.
Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve
Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is
assigned and the Resolutions Committee, it will not proceed to the General Assembly.
3 A-5
2024 Resolutions Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:
Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are
calendared by the recommendations they receive from policy committees and
the Resolutions Committee.
For General Resolutions:
Policy Committee Recommendation
Resolutions Committee Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General
Assembly
For Petitioned Resolutions:
Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the
General Assembly from the Resolutions Committee chair. Unless an item on the
Consent Calendar is set aside by the majority of the General Assembly, a vote will
be taken on the whole calendar. It an item is set aside, it will be opened for
discussion, followed by a vote.
Items on the Regular Calendar will be presented individually by the Resolutions
Committee chair. After a recommendation is presented by the Resolutions
Committee chair, the resolution will be opened for discussion by the General
Assembly. A vote will take place following discussion.
Voting Procedures:
Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote
first. If the presiding official cannot determine the outcome a vote will be taken by
an alternative method, typically a raise of voting cards by voting delegates. A roll
call vote may be called for by delegates of ten percent or more of the General
Assembly.
4 A-6
2024 Resolutions Packet
2024 Resolution
1. Resolution on Fair and Equal Treatment of All Governmental Officials at All
Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes
• Referred to Governance, Transparency, and Labor Relations Policy
Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
5 A-7
2024 Resolutions Packet
Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
6 A-8
2024 Resolutions Packet
1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF
CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT
LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE
FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL
LEVELS IN THE STATE OF CALIFORNIA
Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales,
Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff,
Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos
Verdes
Referred to: Governance, Transparency and Labor Relations Policy
Committee
WHEREAS, the General Assembly of the League of California Cities
objects to the practice of the California Legislature of imposing rules limiting
authority or regulating the conduct of local municipal officials that do not
also apply to elected officials of the State of California; and
WHEREAS, examples of such rules or regulations that apply to local city
elected officials that do not otherwise apply to the elected officials of the
State of California include, but are not limited to:
California’s open meeting rules, codified in the Ralph M. Brown Act,
Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[]
that the public commissions, boards and councils and the other public
agencies in this State exist to aid in the conduct of the people’s business. It is
the intent of the law that their actions be taken openly and that their
deliberations be conducted openly,” but which limits its application to “local
agencies,” but not including elected officials of the State of California;
Creating “one-off” exemptions, in the form of Senate Bill No. 174, from
the California Environmental Quality Act (“CEQA”) which purportedly
requires all government agencies to consider the environmental
consequences of their actions before approving plans and policies or
committing to a course of action on a project in order to demolish and then
rebuild State offices for the Governor and other State officials;
7 A-9
2024 Resolutions Packet
Adopting rules, in the form of Senate Bill No. 1439, amending the
Political Reform Act (the “Act”), by removing the exception for local elected
officers from contribution limits requiring disqualification on development
project decisions,” but not including elected officials of the State of
California;
Adopting rules, in the form of Assembly Bill No. 571, that apply to city
and county candidates for local elected office, but not to candidates for
state-wide office, including, but not limited to: prohibiting the making a
contribution over the AB 571 limit to another candidate in jurisdictions subject
to the AB 571; requiring a candidate that has qualified as a committee to
establish a separate controlled committee and campaign bank account for
each specific office; prohibiting a candidate from redesignating a
committee for one election for another election.
WHEREAS, the General Assembly of the League of California Cities now
calls upon the Governor and the California Legislature to adopt a policy,
practice, and procedure requiring, in their legislative activities, that “what
applies to one applies to all.”
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly,
assembled at the League Annual Conference on October 18, 2024 in Long
Beach, California, that the League calls upon the Governor of the State of
California and the elected members of the California Legislature, including
all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not
sign into law, any law or regulation that applies solely to elected officials of
California cities and counties, unless such law or regulation also applies
equally to members of the California State Assembly and Senate. This
prohibition shall not apply to laws or regulations affecting the inherent powers
of the legislative branch under the California Constitution.”
8 A-10
2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
9 A-11
July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the
California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in
California”)
“The California State Legislature shall not enact, and the Governor shall not
approve, any law or regulation that applies solely to elected officials of California
cities and counties, unless such law or regulation also applies equally to members
of the California State Assembly and Senate. This prohibition shall not apply to
laws or regulations affecting the inherent powers of the legislative branch under
the California Constitution.”
The following five city council members are in concurrence with their letters of
support (attached):
✓Mayor John Cruikshank, City of Rancho Palos Verdes
✓Mayor Bill Uphoff, City of Lomita
✓Mayor Robert Gonzales, City of Azusa
✓Mayor April Verlato, City of Arcadia
✓Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.
Sincerely,
Michael Allawos
Council Member
City of Glendora
10 A-12
CITY OF GLENDORA CITY HALL (626) 914-8201
116 East Foothill Blvd., Glendora, California 91741
FAX (626) 914-8221
www .ci.glendora.ca. us
PRIDE OF THE FOOTHILLS
11 A-13
ARCADIA
April A. Verl:u o
Ata,w
l40 \\~ Huntington DtM:
P<llliC Offioc Box 60021
~\..A 9 1066-6021
(626) 574-5403 City Hall
1\'Cl'b1n@A~::ld.ii1C\.p
www.kodiaC A.gov
July 9, 2024
Honorary Mike Allawos
Glendora City Councilmember
116 E . Foothill Blvd.
G lendo ra , CA 91741
RE: Support for "Glendora Ca l Citles Resolution"
Dear Councilmember Allawos :
I wou ld like to be a voice of support for Glendora 's timely and needed resolution
below for the upcoming CalCitles a nnua l conference this com ing October 18, 2024 .
"The California State Legi slature shall not enact, and the Governor shall not
approve, any law or regul ation that applies solely to el ected officials of
California cities and counties, unless such law or regul ation also applies
equally to members of the California State Assembly and Senate. Th is
prohi bition shall· not apply to laws or regul ations affecting the inherent
powers of the legi slative branch under the California Constitution."
I am an elected represent ative for our respective city, county, and state govemance
to do the people's work and be the ir collective voices. We shou ld all have the same
rules to be governed by.
Sincerely,
April A. Verlato
City of Arcadia Mayo r
12 A-14
July 8, 2024
Hon. Michae\ AUawos
Glendora City Council member
116 E. Footh ill Blvd.
Glendora, CA 91741
Councilmembe r Alla.,JOS:
1would likt to support Glendora's timely and needed resolution below· for t he upcomh,g CalCiMs annual
confe rence this coming Octo ber 18, 2024:
"The (ali fo rnia State Legislature shall not enact, and the Governor sha ll not approve, any law o-r re-gulatio n
1hat appl ~s solely to elected official s of California ci ties and counties, unless such taw or reeulation also
appl ies equally to mE-mbers of the Cal ifornia Sta t~ .i\$$embly and Senate. This prohibition shall not apply
to laws or regularions affecting the inherent powers of the ~glslatlve branch unde r the Ca liforn ia
co,.stltu~on •
I am an elected representati\•e for the City of Azusa . We should all have tbe same rules to be governed by.
Since rely,
Mayor Robert Gonzales
"The views or opi nions expre~d in this letttr are intend ed to be interpreted as the ind ividual work
product of the a.rt hor They do not necessar;ly reflect an official position of the City Cou ncil, staff or other
entities
13 A-15
CITY OF LA VERNE
C ITY HALL
July 8, 2024
Ms. Kathlee n Sessman
G lendora City Clerk
116 E . Foothill Blvd.
G lendo ra, California 9 17 41
3660 ·o· Sneet. La Verne. Cal iforn ia 91751).3599
www.cityoflaverne .org
Re : Item 14 -Ga l CrtiesAnnual Conferen :e Reso lution
Dea r Ms. Sessma n:
As th e May or of th e City o f La Verne , I v.ould like to voice suppo rt for Gl endo ra's ti mely and
needed reso lution, with in agen da rtem #14, fo r t h e upcom ing League of Californ ia Citi es (Cal
Citi es ) annual conference this com ing O ctober 18, 2024.
In it s simplistic fom1, th e proposed Resoluti on states w hat we all believ e should be tru e for
eac h and every el ect ed official: W e should a ll have the same rul es to be go vern ed by. No
matter what lev el of gov ern me nt an official is elected t o, we are here to do the p eople's work
and be their collective v oices . The R eso lution s imply st ates:
"The California Srare Legislawreshall /JO! ellacr, a/Jd rhe Governor shall
/JO! approve, ally law or regulariOll r/Jar applies solely 10 elecred officials
of California cicies alld coumies, u/Jless such law or regulacioll also
appli es equally 10 members of che California Scace Assembly alld Se/lace.
This prohibi cioll shall /JO! apply co laws or regulaciolls affecrillg che
illherem powers of che legislauve brallch Ullder che California
Consrirulion."
Whether the St at e Leg isl a tu re or Governor heed o ur collective v oi ces , we at th e local level,
through our Cal Citi es membership, will have demonstrated our reso lve th at the bas ic
l eadership c haract eristic o f leade rship by exampl e is the best approa ch t o hol ding el ectiv e
office.
Sincer ely,
Ti m Hepb urn
Mayor
Genetal AdminiStration 909/596-8726 • Wa·er Customer Servir>! 008/5$-8744 • Community Servir>!s 909/596-8700
P\lbl~ Works 909/596-8741 • Finance 909/596-8716 • Ccmmunity Oe11elopmen1 909/596-8706 • 8u,lding 909/596-8713
Police Department 909/596·1913 • Fire Depanment 009/596-5991 • Goneral Fax 909/596-8737
14 A-16
July 8, 2024
Hon. Mike Allawos
Glendora City Councilmember
116 E. Foothill Blvd.
Glendora, CA 91741
Bill Uphoff
Lomita, CA
Re: Support for "Glendora's CalCities Resolution"
Dear Councilmember Allawos:
I would like t o be a voice of s upport for Glendora's timely and needed resolution below for
the upcoming CalCities annual conference this coming October 18, 2024.
"The California State Legislature shall not enact, and the Governor shall not approve,
any law or regulation that applies solely to elected officials of California cities and
counties, unless such law or regulation also applies equally to members of the
California State Assembly and Senate. This proh ibition shall not apply to l aws or
regulations affecting the inherent powers of the legislative branch under the California
Constitution."
I am an elected representative for our respective city, county, and state governance to do the
people's work and be their collect ive voices. We should all have the same rules to be
governed by.
~
Bill Uphoff, Mayor
City of Lomita
The views or opinions expressed In this letter are Intended to be Interpreted as rhe Individual wnrlc product of the
author. Jney do not necessarily reflect an official position of the Oty Counc//1 staff or other entities.
15 A-17
July 6, 2024
Hon. Mike Allawos
Glendora City Councilmember
116 E. Foothill Blvd .
Glendora , CA 91741
John M. Cruikshank
Rancho Palos Verdes, CA
Re: Support for "Glendora's CalCities Resolution"
Dear Councilmember All awos:
I would like to be a voice of s upport for Glendora's timely and needed resolution below for
the upcoming CalCities annual conference this coming October 18, 2024.
"The California State Legislature shall not enact, and the Governor shall not approve,
any law or regulation that applies solely to elected officials of California cities and
counties, unless such law or regulation also applies equally to members of the
California State Assembly and Senate. This prohibition shall not apply to laws or
regulations affecting the inherent powers of the legislative branch under the California
Constitution."
I am an el ect ed representative for our respective city, county, and state gove rn ance to do the
people's work and be their collective voices. We s hould all have the same rules to be
governed by.
Sincerely,
The vie ws or opinions expressed in this letter ore intended to be interpreted os the in dividual wark product of the
aut hor. They do not necessarily reflect an official position of the City Council, s taff or other entities.
2024 Resolutions Packet
Resolution No. 1: Staff Analysis
16 A-18
League of California Cities Staff Analysis on Resolution No. 1
Staff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations
Summary:
This Resolution states that the League of California Cities shall call upon the
Governor of the State of California and the elected members of the California
Legislature, including all members of the Senate and Assembly to adopt the
following policy:
“The California State Legislature shall not enact, and the Governor shall not sign
into law, any law or regulation that applies solely to elected officials of California
cities and counties, unless such law or regulation also applies equally to
members of the California State Assembly and Senate. This prohibition shall not
apply to laws or regulations affecting the inherent powers of the legislative
branch under the California Constitution.”
Background:
This resolution states that examples of the California Legislature imposing rules
limiting authority or regulating the conduct of local municipal officials that do
not also apply to elected officials of the State of California include, but are not
limited to:
•California’s open meeting rules, codified in the Ralph M. Brown Act,
Government Code, Chapter 9, §§ 54950 et seq.;
•“One-off” exemptions, in the form of Senate Bill No. 174, from the
California Environmental Quality Act (“CEQA”);
•Rules, in the form of Senate Bill No. 1439, amending the Political Reform
Act (the “Act”); and
•Rules, in the form of Assembly Bill No. 571, that apply to city and county
candidates for local elected office, but not to candidates for state-wide
office.
Ralph M. Brown Act
The California Attorney General’s (AG) Office defines The Ralph M. Brown Act
(Brown Act) as what governs meetings conducted by local legislative bodies,
such as boards of supervisors, city councils and school boards. The AG’s office
states the Act represents the Legislature’s determination of how the balance
should be struck between public access to meetings of multi-member public
bodies on the one hand and the need for confidential candor, debate, and
information gathering on the other.
The Ralph M. Brown Act governs local agencies, the Bagley-Keene Open
Meeting Act covers all state boards and commissions, and Government code
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9027 governs the state Legislature. The California Constitution also mandates
open meetings for state agencies, boards, and commissions. Specifically, the
Constitution requires that each local agency comply with the Brown Act (Article
I, section 3(b)(7)): and that the proceedings of each house of the Legislature be
open and public (with exceptions for employment matters; matters affecting
security; confer with legal counsel; and to meet as a caucus (Article IV, section
7).
Although fairly detailed requirements apply to state agencies and other state
bodies, they do not apply to the Legislature. The Legislature has Constitutional
authority to adopt rules for its proceedings that are consistent with the
requirement that the proceedings of each house and the committees be open
and public.
Another notable difference between the Legislature and a city council is the
ability for Legislators to have a caucus to discuss a bill, express how they will
vote, and to count votes. This is not allowed under the Brown Act. One other
difference is that the laws governing teleconferencing for members of the state
Legislature is far less flexible than it is for local bodies. However, state agencies
have more flexibility than locals in that regard.
California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the
reconstruction of the State Capitol Annex building. The State Legislature
enacted the California Environmental Quality Act (CEQA) in 1970, establishing it
as a public disclosure law for the environmental review of discretionary projects
and a process for mitigating or avoiding potential environmental impacts.
SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of
State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill
exempts the work performed under the State Capitol Building Annex Act of 2016
from the California Environmental Quality Act (CEQA). In this example the
Legislature exempted themselves as not being considered a “public agency,”
“state agency,” or “lead agency” under CEQA. A lead agency under CEQA is
the public agency that has the principal responsibility for carrying out or
approving a project that is subject to CEQA.
Over the years, the Legislature has also created many CEQA exceptions and
exemptions for local projects involving local agencies as well.
The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022
amends section 84308 and is aimed at preventing "pay-to-play" practices, in
part by prohibiting parties, participants, and their respective agents in a
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proceeding involving a license, permit, or other entitlement for use from
contributing more than $250 to an officer of an agency during a 12 month
period. When the Levine Act was first enacted in 1982, Section 84308 applied to
appointed members of boards and commissions who were running for elective
office. SB 1439 expended this law to now apply to local elected officials. Since it
is focused on permits and licenses, it now applies to State agencies and local
agencies that approve permits and licenses. Section 84308 does not apply to
the Legislature or the Courts. It is important to note that unlike local
governments, neither issue permits and licenses.
The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. Chapter 556, Statutes of 2019
established default campaign contribution limits for county and city office at the
same level as the limit on contributions from individuals to candidates for Senate
and Assembly, effective January 1, 2021. This bill permitted a county or city to
establish its own contribution limits, which would prevail over these default limits.
The Resolution cites AB 571 as an example of treating cities differently than the
State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet
that under AB 571 a city may elect to have "no" contribution limit in which case
the state contribution limit will not apply as a default for that jurisdiction. A city
or county can set contribution limits higher than the default state limit, AB 571
sets a default in line with contributions Assembly Members and Senators if a city
or county is silent on contribution limits.
Fiscal Impact:
Unknown.
Existing Cal Cities Policy:
Mission Statement
To expand and protect local control for cities through education and advocacy
to enhance the quality of life for all Californians.
We Believe:
• Local self-governance is the cornerstone of democracy.
• In the involvement of all stakeholders in establishing goals and in solving
problems.
• In conducting the business of government with transparency, openness,
respect, and civility. The spirit of honest public service is what builds
communities.
• Open decision-making that is of the highest ethical standards honors the
public trust.
• The vitality of cities is dependent upon their fiscal stability and local
autonomy. The active participation of all city officials increases Cal Cities’
effectiveness.
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• Partnerships and collaborations are essential elements of focused
advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive,
visionary leadership and effective and efficient city operations.
Comments:
Additional Examples
The Legislature has passed and the Governor has signed many laws that apply
to local governments and do not apply to the state or the state Legislature. This
year AB 2561(McKinnor) was introduced, which requires local governments to
present in a public meeting a detailed report about their vacancy rates and
detailed information about their hiring practices. This is an attempt to address
public sector vacancy rates. This bill does not apply to the state in a time when
they are also dealing with high vacancy rates.
Additionally, there were several bills that aim to amend the Levine Act, which
now applies to local elected officials, to make changes to SB 1439, referenced
previously in the analysis. None of the bills would amend the law to be
applicable to Assembly Members or Senators.
AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown
Act by making the teleconference rules for state advisory bodies the same for
local advisory bodies but the Legislature struck the bill down.
Applying to elected officials or to the legislative body? Legislature or the State?
The resolution also states, “… applies solely to elected officials of California cities
and counties, unless such law or regulation also applies equally to members of
the California State Assembly and Senate.”
This portion of the resolve clause is specifically speaking to local elected officials
and State Assembly Members and Senators. However, many of the “where as”
clauses are in reference to laws that apply to cities, the state and the Legislature
as government agencies and not specifically to the elected officials on the
governing bodies. For example, the Brown Act applies rules to the Legislative
body and not the individual council member. Additionally, the city council as a
whole is the lead agency under CEQA and not the individual council members.
Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations
affecting the inherent powers of the legislative branch under the California
Constitution.”
It is unclear what inherent powers of the legislate branch under the California
Constitution means in this context. The legislative branch does have the power
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of preemption over cities and can state that a change in law is a matter of state
wide concern. This allows the legislative branch to apply new laws or amend
existing laws to apply to general law and charter cities. It seems like the last
sentence of the resolve clause could negate the rest of the resolve clause if not
clarified.
Support:
The following letters of concurrence were received:
April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes
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