Loading...
HomeMy WebLinkAboutReso 2003-482RESOLUTION NO. 2003-482 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 300-01 REGARDING ORGANIZATION AND PROCEDURES ON LEGISLATIVE MATTERS AFFECTING THE CITY OF CHULA VISTA WHEREAS, Council Policy 300-01, adopted January 13, 1987, established the organization and procedures on legislative matters affecting the City of Chula Vista; and WHEREAS, this policy provides for a formal Legislative Program that reflects the Council's general preferences on bills to be supported or opposed and represents the Council's position on items to be acted upon by the State Legislature, Congress, or administrative agencies; and WHEREAS, by adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, the City of Chula Vista is able to take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities; and WHEREAS, it is the recommendation of the Legislative Committee that Council Policy 300-01 be amended to include the issue of committee membership, and that the committee be comprised of the Mayor and a Councilmember; and WHEREAS, the amendment will ensure more active participation by the Council in determining those legislative matters on which the City takes a position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the amended Council Policy 300-01 as set forth in Exhibit "A". Presented by Approved as to form by David D. Rowlands, Jr. f' City Manager Ann Moore City Attorney Resolution 2003-482 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of November, 2003, by the following vote: A'ITEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, McCann, Rindone, Salas and Padilla None None Stephen~. Padill~, Mayor Susan Bigelow, CMC, City Cl~k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-482 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of November, 2003. Executed this 25th day of November, 2003. Susan Bigelow, CMC, City Clffrk SUBJECT: COUNCIL POLICY CITY OF CHULA VISTA ORGANIZATION AND POLICY PROCEDURES ON LEGISLATIVE NUMBER MATTERS AFFECTING THE CITY OF CHULA VISTA 300-01 EXHIBIT A EFFECTIVE DATE 01-13-87 PAGE 1 of 8 ADOPTED BY: Resolution No. 12879 AMENDED BY: Resolution No. (date ofresolution) PURPOSE I DATED: 01-13-87 The Organization and Procedure Section on Legislative Matters affecting the City of Chula Vista formally establishes the procedures and sets forth the guidelines for the review of legislation matters affecting the City. Generally, the purpose of this section is to establish procedures concerning City sponsorship of legislation and/or administrative regulations, which the City seeks to have introduced and review of legislation and/or administrative regulations introduced by others that may have an impact upon the City of Chnla Vista or its interests. This Section also establishes procedures to guide City officers and employees in their communications with, and possible appearances before legislative, and administrative bodies and other organizations. 1. Legislative Matters a. Introduction to the City's Legislative Program The City's Legislative program (County, State and Federal) contains all positions taken by the City Council and the Redevelopment Agency, which relate to the activities of the City of Chula Vista. These City Council- adopted positions generally indicate the city sponsorship of proposals that Chula Vista would like enacted (Group I), support or opposition to legislative matters (Group II) sponsored by others, and administrative actions (Group III) that the City seeks at various levels. When the City Council expresses a position (either a general policy or on a specific measure/issue), it is generally broad enough to allow the City to act on any legislation having a similar effect. Therefore, there may be some positions on bills that are added directly to the legislative Program because the City Council has already expressed its position on an earlier, related matter. Generally, the Legislative Program shall include only those items of a direct and substantial impact on the operation of City government. Such an impact is defined as any financial cost over a minimum amount for purposes of claiming reimbursement pursuant to Section 2253.2(b) of the Revenue and Taxation Code (which has been established at $200.00 cost to a local agency as of 1978) or a non-financial cost item which has a substantial impact on the operation of a City department or agency, the City Council, or the Mayor. Such impacts may be contained in the State budget, legislation, and administrative actions mandating local performance. Whenever any city department representative ascertains that a legislative or administrative (governmental or non-governmental) proposal will have SUBJECT: COUNCIL POLICY CITY OF CHULA VISTA ORGANIZATION AND POLICY PROCEDURES ON LEGISLATIVE NUMBER MATTERS AFFECTING THE CITY OF CHULA VISTA ADOPTED BY: Resolution No. 12879 AMENDED BY: Resolution No. (date ofresolution) EFFECTIVE DATE 300-01 01-13-87 I DATED: 01-13-87 some substantial impact on the City, the information concerning this impact shall be forwarded to the City Manager's office. The Legislative Committee shall serve as the initial reviewing body of all such reports to determine whether further City action is required. The l,egislative Committee shall be comprised of the Mayor and one member of the City Council appointed hy the Mayor and snbject In ratification by the Cmmell A report and recommendation will be forwarded to the City Council for final action regarding both legislative and administrative proposals deemed to have a potential impact upon the City. The Mayor, acting for the City Council, shall communicate the Council's position to the City's legislative advocate and/or appropriate local, state and/or federal legislators, committee and/or local, state or federal agencies. b. Legislative Program Components (1) Group - Sponsorship Prior to the commencement of each State legislative session, and each legislative calendar year, each department will submit their proposals for inclusion in the legislative program. Those proposals for sponsorship, which are adopted by the City Council, shall be forwarded to the City's legislative representatives in Sacramento and/or Washington, D.C. for introduction or sponsorship on the City's behalfi Legislative proposals will be limited to legislation deemed essential to the operation of City departments and the overall quality of life for the City. Generally, the following schedules will be utilized in developing the subject proposals. Legislation ON OR BEFORE SEPTEMBER 1 OF EACH YEAR PAGE 2 of 8 The City Manager's staff requests all department heads to proposals for new legislation or changes in existing legislation. submit SUBJECT: COUNCIL POLICY CITY OF CHULA VISTA ORGANIZATION AND POLICY PROCEDURES ON LEGISLATIVE NUMBER MATTERS AFFECTING THE CITY OF CHULA VISTA 300-01 EFFECTIVE DATE 01-13-87 PAGE 3 of 8 ADOPTED BY: Resolution No. 12879 AMENDED BY: Resolution No. (date ofresolution) ON OR BEFORE OCTOBER 1 I DATED: 01-13-87 Departments submit legislative proposals to the City Manager's office and/o~ legislative advocate for review. ON OR BEFORE NOVEMBER I The City Manager's staff and/or legislative advocate submits analysis and/o~ recommendations or legislative proposals to the Legislative Committee, whic[ in mm submits its recommendations relative to the program to Coancil. ON OR BEFORE THE THIRD COUNCIL MEETING IN DECEMBER City Council adopts legislative sponsorship proposals. NOTE: The program may be subsequently amended by the City Council from time to time when action upon matters appear to be of sufficient urgency that il would be inadvisable to wait until the next legislative year. Budget Items ON OR BEFORE APRIL 1 OF EACH YEAR The City Manager shall request department heads to submit proposals for possible funding through the State budgetary process. ON OR BEFORE MAY 1 OF EACH YEAR Departments submit state budgetary proposals to the City Manager's office and/or the legislative advocate for review and transmittal to the Legislative Committee. ON OR BEFORE JUNE 1 City Council adopts items to be sponsored by the City for inclusion in the state budget. (2) Group II - Positions on Pending Legislation The Legislative Committee shall be responsible for the .review of proposed legislative and administrative actions at the local, state, and federal levels which may have an impact on the City of Chula Vista. The City Manager and/or the legislative advocate shall provide a report listing SUBJECT: COUNCIL POLICY CITY OF CHULA VISTA ORGANIZATION AND PROCEDURES ON LEGISLATIVE MATTERS AFFECTING THE CITY OF CHULA VISTA ADOPTED BY: Resolution No. 12879 AMENDED BY: Resolution No. (date of resolution) POLICY EFFECTIVE NUMBER DATE PAGE 300~01 01-13-87 4 of 8 the status and copies of all such legislation, to the Legislative Committee and City Council. For proposed actions and/or legislation which are determined to have an effect on the City of Chula Vista, the City Manager's staffwill notify the affected City department for its review and/or report regarding the action/legislation. If the City department to which the notification was referred determines that the measure will have a direct and/or substantial effect upon their operations or finances, or on the operation of the City government in general, the department shall recommend a position and shall prepare a brief, factual report covering what it believes to be the significant features of the legislation and the effects or possible effects upon department operations and finances (i.e., a cost impact estimate) or upon city government in general. The department report shall be submitted to the Legislative Committee via the City Manager, for consideration in making a final recommendation to the City Council. If Council has taken a position on similar legislation, the item, after review by the Legislative Committee, will automatically be placed on the Legislative Program with appropriate action taken by staff with copies to the City Council. Upon adoption of a measure by both houses of the Legislature or Congress, a bill is submitted to the Governor or President for approval. It is frequently desirable for the views of the City of Chula Vista with respect to such measures to be communicated to the Governor or the President. The Mayor and/or legislative advocate shall be authorized to communicate and recommend approval or rejection, or seek any appropriate administrative action regarding such measures pending before the President or Governor if the measure is included in the adopted legislative program and/or as directed by the City Council. The actions of the Mayor and/or legislative advocate will be reflective of previous Council action on the subject matter. (3) Group III - Administrative Actions While much of the activity affecting City government occurs in the form of state or federal legislation, an ever increasing number of rules, regulations, and guidelines of administrative entities can have practically as much impact as law. The process for development of these rules, regulations, and guidelines is not the same as for laws. In fact, the activity leading to final rules, regulations, or guidelines is often less formal, occurs more rapidly and involves a wide SUBJECT: COUNCIL POLICY CITY OF CHULA VISTA ORGANIZATION AND POLICY PROCEDURES ON LEGISLA'IIVE NUMBER MATTERS AFFECTING THE CITY OF CHULA VISTA ADOPTED BY: Resolution No. 12879 AMENDED BY: Resolution No. (date of resolution) EFFECTIVE DATE 300-01 01~13-87 I DATED: 01-13-87 PAGE 5 of 8 variety of County, State and/or Federal agencies. The administrative actions sought are proposals, sometimes suggested by the Mayor, Councilmembers, and/or City departments, whereby the City is seeking or opposing a particular administrative action or change, or informing the various governmental bodies of the City's position on matters that are not normally dealt with legislatively. Positions for administrative actions will be forwarded to the City Council for final approval and/or authorization allowing staff to prepare a letter for the Mayor's signature to be forwarded to the appropriate administrative body. If Council has taken a position on similar legislation, the item, after review by the Legislative Committee, will automatically be placed on the Legislative Program with appropriate action taken by staff with copies to the City Council. c. Hearing Procedures Much of the work done during a session of the State Legislature and to a similar extent in Congress, is the result is the result of hearings conducted by legislative committees. The City Manager's office is directed to keep informed as to the membership of such committees, the dates and places at which meetings will be held, and the subject matters to be heard. The City Manager's staff shall keep the Legislative Committee and the Council advised of hearings on matters affecting the interests of the City. The City Council will take action regarding appropriate City representation at such committees. Appearances and Communications with Others a. Legislative Advocates and Special Representatives Legislative advocates and other representatives shall be appointed by the City Council as necessary. These representatives shall be designated as the authorized representatives of the City of Chula Vista to the Legislature of the State of California and Congress of the United States, and, as may be necessary, other federal, state, regional and/or local entities or organizations whose actions may impact on the City. They will attend the sessions of these bodies and present information to aid in the passage or defeat of legislation or actions when the City Council deems it appropriate for the City of Chula Vista to so act. SUBJECT: COUNCIL POLICY CITY OF CHULA VISTA ORGANIZATION AND POLICY PROCEDURES ON LEGISLATIVE NUMBER MATTERS AFFECTING THE CITY OF CHULA VISTA ADOPTED BY: Resolution No. 12879 AMENDED BY: Resolution No. (date of resolution) EFFECTIVE DATE PAGE 300-01 01-13-87 6 of 8 I DATED: 01~13-87 All City officers are required to extend their fullest cooperation in technical assistance to the Legislative Representatives in their presentation of City positions. From time to time, special representatives of the City may also be designated to contact specific members of, or to appear as witnesses before, the various legislative bodies and entities or organizations as may be recommended by the City Manager's office and approved by the City Council. b. Appearances by Elected City Officials Nothing in this section shall be construed to limit the right of elected City officials or their designees to appear before any governmental body or organization to express their personal views at any time. However, such elected official should clearly indicate that the opinion expressed is that official's point of view and not an official City position. In order to officially represent the City, such appearances must be consistent with the City's adopted position on the matter. If such elected official or the official's designee testifies contrary to a City position, the official or designee should state that the testimony or communication is contrary to an adopted City position. c. Appearances by City Employees and coordination with City Representatives The best interest of the City of Chula Vista can be promoted if the efforts of all representatives of the City are coordinated. The City's duly authorized legislative representatives, in Sacramento and Washington D. C., cannot perform their work effectively if representatives of other City offices present information to legislative bodies, governmental agencies, or other decision-makers which might be contrary to that presented by the official representatives. To provide for the proper coordination in the presentation of the City's legislative program, non-elective officers and employees of the City while acting in their official City capacity shall, prior to communicating (whether orally or in writing) or testifying before legislative bodies or administrative entities and other organizations, consult with the City Manager's office to determine whether the subject of the communication or testimony is one of policy or is technical in nature. If the subject of the communication or testimony of a City employee is of a policy nature, it must be consistent with the adopted City position. Any non-elected City official or employee expressing a point of view that is contrary to an adopted City position must clearly state in the body of the communication or testimony that: "This is a personal opinion, it is not a City position and it is not consistent with the City position. Furthermore, I am not acting in my official capacity as a City officer (or employee)." They must do all of this at their own expense (e.g., SUBJECT: COUNCIL POLICY CITY OF CHULA VISTA ORGANIZATION AND POLICY PROCEDURES ON LEGISLATIVE NUMBER MATTERS AFFECTING THE CITY OF CHULA VISTA 300-01 EFFECTIVE DATE 01-13-87 PAGE 7 0f8 ADOPTED BY: Resolution No. 12879 AMENDED BY: Resolution No. (date ofresolution) DATED: 01-13-87 staff, stationary, etc.) and time. This policy in no way is intended to prohibit an elected official from communicating or testifying the official's own behalf to represent th~ official's personal position or the position of that office. NOTE: The lack of a formal City position on a matter shall not be considered aa permitting the taking of a City position on the matter by an individual City official and/or employee. Such positions must be cleared through the process described above. d. Receiving Communications It is hereby established as a policy of the City Council that non-elective officers employees of the City, upon receiving communications directly from govemmenta, agencies or other organizations which substantially impact the conduct of City businesa or have substantial policy implications affecting City policy, shall refer suct communications to the City Manager for review and recommendation to the Legislative Committee and Council. It is not the intent of this policy to require referra~ to the Council of routine communications received by City officers and employees ia the transaction of City business. City staff shall consult with the City manager to determine whether or not the matter is of a policy nature. Nothing contained hereia shall be interpreted as requiring the delay of a necessary response of an emergency nature providing that the officer or employee making such emergency response subsequently comply with the procedures contained herein as soon as possible. 3. Participation on Interagency Policy and Technical Committees In addition to the City's internal legislative process, the City Council serves on numerom Interagency Policy and Technical committees that take action on legislative and administrative items (i.e., National League of Cities, Board of Directors, and Advisory Council, SANDAG LAFCO, etc.). Councilmembers serving on these committees will coordinate positions or legislative/administrative items with the City's Legislative Committee and City Council. 4. Glossary of Terms As used in this section, the terms "legislative matters," "legislation," "legislative bodies," and similar terms shall include administrative matters, administrative policy, and administrative agencies and bodies of federal, state or county and othe~ governmental agencies except when specific differentiation between legislative an¢ administrative is herein made. It is the intent of this definition to require that communications from City officers and SUBJECT: COUNCIL POLICY CITY OF CHULA VISTA ORGANIZATION AND POLICY PROCEDURES ON LEGISLATIVE NUMBER MATTERS AFFECTING THE CITY OF CHULA VISTA ADOPTED BY: Resolution No. 12879 AMENDED BY: Resolution No. (date ofresolution) EFFECTIVE DATE PAGE 8 of 8 300-01 01-13-87 DATED: 01-13-87 departments on policy matters be approved through the same process as communications on legislation. It is not the intent of this definition to require approval of normal, routine communications to agencies in the transaction of City business. An issue that is policy in nature is one that is more than routine and purely administrative. It is a matter involving a discretionary judgment, one that cannot he made by merely reading a code book or a set of existing regulations and following such without the need of discretion (i.e., non-ministerial). When such a reading is combined, however, with interpretation that could reasonably appear to be "new policy" of a new entity, then the matter is of a policy nature. A "session" of a legislative body is the official life of that entity. Each U. S. Congressional and State Legislative Session lasts two years, commencing with the taking of office by the newly elected representatives (for the U. S. House of Representatives or State Assembly) following the November elections every even numbered year. The same two- year term applies to the U. S. Senate and the State Senate, even though the terms of individual members may be staggered. As used in this section, those governmental bodies or agencies that impact on the City of Chula Vista shall include all offices, agencies or departments, whether administrative or legislative, of the County of San Diego, regional or quasi- governmental bodies, the State of California and the Federal government of the United States. Organizations shall refer to any non-governmental administrative and/or functional association or society such as but not limited to the National league of Cities or the League of California Cities.