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Home My WebLink About2020-06-16; City Council; ; City Council Policy No. 39 – Intergovernmental Affairs ProgramCA Review CKM Meeting Date: June 16, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jason Haber, Intergovernmental Affairs Director jason.haber@carlsbadca.gov, 760‐434‐2958 Subject: City Council Policy No. 39 – Intergovernmental Affairs Program Recommended Action Adopt a resolution rescinding current City Council Policy No. 39 – Legislative Program and replacing it with revised City Council Policy No. 39 – Intergovernmental Affairs Program. Executive Summary Among the tasks assigned to it in City Council Resolution No. 2019‐137, the City Council Legislative Subcommittee was asked to review City Council Policy No. 39 – Legislative Program and recommend amendments to the City Council. The Legislative Subcommittee’s review resulted in a comprehensive revision of the policy. Consequently, the Legislative Subcommittee is recommending the City Council rescind the current policy and replace it with the revised policy, which is proposed to be retitled “Intergovernmental Affairs Program.” This policy establishes the guidelines of the city’s intergovernmental affairs program, which enables the city to efficiently and effectively address intergovernmental and legislative matters affecting the city. Discussion On July 23, 2019, the City Council adopted Resolution No. 2019‐137 (Exhibit 2), authorizing the formation of a standing City Council Legislative Subcommittee comprised of Mayor Hall and Council Member Bhat‐Patel. The resolution provides that the Legislative Subcommittee is to “review City Council Policy No. 39 ‐ Legislative Program and recommend amendments to the City Council.” The Subcommittee reviewed the policy over the course of four meetings held between November 2019 and May 2020. The Legislative Subcommittee’s review resulted in a comprehensive revision of the policy and the re‐titling of it to “Intergovernmental Affairs Program.” June 16, 2020 Item #9 Page 1 of 12 The revised policy (Exhibit 3) includes notable changes in the following areas:  Calling for an ongoing affiliation with the League of California Cities  Broadening the purpose of the city’s Legislative Platform  Clarifying the role of the Legislative Subcommittee  Providing for the City Council’s adoption of legislative priorities  Establishing the Legislative Subcommittee’s role in engaging and informing the broader Carlsbad community on intergovernmental and legislative matters  Conducting intergovernmental and legislative advocacy on behalf of the city’s subsidiary entities  Establishing an organizational framework for structuring the city’s Legislative Platform  Establishing an annual review of the Legislative Platform and legislative priorities  Clarifying the role of the intergovernmental affairs director  Establishing procedures for identifying and acting upon high priority bills and other intergovernmental matters  Responding to proposed bill amendments when there is insufficient time for the matter to be considered at a Legislative Subcommittee or City Council meeting Four council votes are required to adopt a City Council Policy under City Council Policy No. 1 – Adoption of Council Policy Statements (Exhibit 4), so four votes would be required to approve the rescission and replacement of City Council Policy No. 39. Fiscal Analysis This item has no fiscal impact. Next Steps Revised City Council Policy No. 39 will guide staff and the City Council Legislative Subcommittee in implementing the city’s intergovernmental affairs program and addressing legislative and intergovernmental matters affecting the city. Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours prior to scheduled meeting date. June 16, 2020 Item #9 Page 2 of 12 Exhibits 1. City Council resolution 2. City Council Resolution No. 2019‐137 3. City Council Policy No. 39 – Legislative Program 4. City Council Policy No. 1 – Adoption of Council Policy Statements June 16, 2020 Item #9 Page 3 of 12 RESOLUTION NO. 2020-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING CITY COUNCIL POLICY NO. 39 -LEGISLATIVE PROGRAM AND REPLACING IT WITH REVISED CITY COUNCIL POLICY NO. 39 -INTERGOVERNMENTAL AFFAIRS PROGRAM Exhibit 1 WHEREAS, on April 19, 1994, the City Council issued City Council Policy No. 39 -Legislative Program to establish the guidelines of the City's legislative program; and WHEREAS, on July 23, 2019, the City Council adopted Resolution No. 2019-137, authorizing the formation of a standing City Council Legislative Subcommittee; and WHEREAS, Resolution No. 2019-137 established the duties of the City Council Legislative Subcommittee to include reviewing City Council Policy No. 39-Legislative Program and recommending amendments to the City Council; and WHEREAS, the City Council Legislative Subcommittee has reviewed City Council Policy No. 39- Legislative Program and recommends rescinding it and replacing it with Attachment A -City Council Policy No. 39 -Intergovernmental Affairs Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council rescinds City Council Policy No. 39 -Legislative Program and replaces it with revised City Council Policy No. 39 -Intergovernmental Affairs Program as shown in Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of June 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor (SEAL) June 16, 2020 Item #9 Page 4 of 12 Page 1 of 4 Council Policy Statement Category: ADMINISTRATION Specific Subject: Intergovernmental Affairs Program PURPOSE: To establish the guidelines of the city's intergovernmental affairs program. BACKGROUND: The city’s intergovernmental affairs program enables the city to efficiently and effectively address intergovernmental and legislative matters affecting the city. By establishing a standing City Council Legislative Subcommittee and an Intergovernmental Affairs Director position, the city recently enhanced its capacity to monitor, analyze and respond to a steadily increasing stream of new legislation and an increasingly complex network of relationships existing among governmental agencies at the federal, state and local level. This policy establishes an appropriate and flexible intergovernmental affairs program for the City of Carlsbad. POLICY: 1.The city will maintain an ongoing membership in the League of California Cities, which serves to promote the unified position of municipalities in San Diego County and throughout California to the state and federal legislature. 2.The City Council will adopt a Legislative Platform that clearly expresses the city's position on, and provides a basis for prioritizing and acting upon, a broad range of intergovernmental and legislative matters. The Legislative Platform will be reviewed annually by the City Council Legislative Subcommittee and amended as needed by the City Council. 3.The City Council will adopt Legislative Priorities to guide the city’s advocacy efforts during the state’s biennial legislative session. The Legislative Priorities will be reviewed annually by the City Council Legislative Subcommittee and amended as needed by the City Council. 4.The City Council Legislative Subcommittee will work in coordination with the Intergovernmental Affairs Director, City Manager’s Office, City Attorney’s Office, city departments, legislative consultants and the Carlsbad community to: Policy No. 39 Date Issued: Effective Date: Resolution No. Cancellation Date: Supersedes No. 39 (Eff. 4/20/1994) Attachment A June 16, 2020 Item #9 Page 5 of 12 Policy No. 39 Page 2 of 4 a. Receive information and advise the City Council on intergovernmental and legislative matters affecting the city; b. Continuously monitor state and federal proposed legislation, and: i. Review proposed legislation for consistency with the Legislative Platform; ii. Make recommendations to the City Council to identify high priority bills; and iii. Make recommendations to the City Council to adopt advocacy positions on high priority bills not addressed by the Legislative Platform; c. Proactively seek to identify local and regional legislative needs and recommend bill sponsorship opportunities to the City Council; and d. Engage and inform the Carlsbad community (residents, businesses, stakeholder groups) and other governmental agencies on intergovernmental and legislative matters affecting the city. 5. Only the Mayor or the Mayor’s designee may sign a letter on behalf of the city or the city’s subsidiary entities, to oppose or support legislation, or otherwise advocate in support or opposition of intergovernmental matters. 6. Only the City Council may authorize a letter to be sent on behalf of the city or the city’s subsidiary entities to oppose or support legislation not clearly addressed by the Legislative Platform. PROCEDURE: 1. The city will utilize the League of California Cities’s Summary of Existing Policy and Guiding Principles as an organizational framework for structuring the city’s Legislative Platform. 2. The City Council Legislative Subcommittee will review the Legislative Platform annually, and will recommend amendments to the City Council for adoption, as needed. 3. The Intergovernmental Affairs Director will monitor the League of California Cities's CA Cities Advocate, Action Alerts and other informational resources, and will engage the City Attorney’s Office, city departments, city boards, committees and commissions, legislative consultants, federal, state and local governmental agencies, affiliated professional associations and the Carlsbad community to identify and inform the City Council Legislative Subcommittee on emerging and ongoing legislative trends, proposed legislation and other intergovernmental matters having a direct and June 16, 2020 Item #9 Page 6 of 12 Policy No. 39 Page 3 of 4 significant impact on the city’s fiscal, operational and environmental health, and the overall quality of life enjoyed by Carlsbad residents and other stakeholders. a. The City Council Legislative Subcommittee will consider emerging and ongoing legislative trends and proposed legislation in reviewing the city’s Legislative Priorities annually, and will recommend amendments to the City Council for adoption, as needed. b. The Intergovernmental Affairs Director will identify and inform the City Council Legislative Subcommittee on proposed legislation and other intergovernmental matters that may have a direct and significant impact on the city’s fiscal, operational and environmental health, and the overall quality of life enjoyed by Carlsbad residents and other stakeholders. i. If the City Council Legislative Subcommittee deems such to be a potential high priority bill or other intergovernmental matter clearly consistent or inconsistent with the Legislative Platform, the City Manager and Intergovernmental Affairs Director shall be authorized to request, and the Mayor or the Mayor’s designee shall be authorized to take appropriate action in support or opposition. ii. If the City Council Legislative Subcommittee deems such to be a potential high priority bill or other intergovernmental matter not clearly consistent or inconsistent with the Legislative Platform, the City Council Legislative Subcommittee will develop and present a recommended advocacy position to the City Council for consideration. iii. In cases when the City Council Legislative Subcommittee cannot reach a decision as to whether a proposed piece of legislation should be deemed a high priority bill, or whether it is consistent or inconsistent with the Legislative Platform, the matter will be referred to the City Council to make such determination. iv. As the State Legislature nears the end of the legislative session each year, hundreds of bills are often amended and passed over the course of only a few days. In cases when a late‐breaking bill amendment is determined by the City Manager to have a potentially significant beneficial or detrimental effect on the city; and when such amendment is scheduled to be heard by the Legislature before it can be reviewed by the City Council Legislative Subcommittee or City Council, as may otherwise be required; the City Manager and Intergovernmental Affairs Director shall be authorized, in coordination with the Mayor, to take appropriate action in support or opposition of the proposed amendment, consistent with a position taken by the League of California Cities or another affiliated professional association. June 16, 2020 Item #9 Page 7 of 12 Policy No. 39 Page 4 of 4 4. The Intergovernmental Affairs Director will provide the City Council with a monthly update on the progress of high priority bills and other intergovernmental matters. June 16, 2020 Item #9 Page 8 of 12 RESOLUTION NO. 2019-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE FORMATION OF A STANDING CITY COUNCIL LEGISLATIVE SUBCOMMITTEE WHEREAS, the City Council of the City of Carlsbad, California has determined that formation of a standing City Council Legislative Subcommittee is needed to receive information and advise the City Council on legislative matters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That a standing City Council Legislative Subcommittee comprised of the following two City Council members is hereby formed: (a) Mayor Hall; (b) Mayor Pro Tern Bhat-Patel 3. That beginning in 2020, and in each even-numbered year thereafter, members of the City Council shall be appointed to the Legislative Subcommittee upon reorganization of the City Council, pursuant to Carlsbad Municipal Code Section 2.04.050. 4. That the duties of the subcommittee will be to: a. Receive information and advise the City Council on legislative matters; b. Review City Council Policy No. 39 -Legislative Program and recommend amendments to the City Council; c. Conduct an annual review of the City of Carlsbad Legislative Platform and recommend amendments to the City Council; d. Continuously monitor State and Federal proposed legislation and make recommendations to the City Council to identify high priority bills and advocacy positions on bills not addressed by the Legislative Platform; and e. Proactively seek to identify local and regional legislative needs and recommend bill sponsorship opportunities to the City Council. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of July, 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. NAYS: ABSENT: None. None. CJc(rfr, bQ kf!X:zr/w-,v kt}L.BARBARA ENGLESON, City Clerk u-(SEAL) Exhibit 2 June 16, 2020 Item #9 Page 9 of 12 CITY OF CARLSBAD Page 1 of 2 COUNCIL POLICY STATEMENT Policy No. __ .... 3 9=------Date Issued 4 / 19 / 9 4General Subject: Administration Effective Date 4 /20 /94Cancellation Date ------Supersedes No.39 dated 2/19/91Specific Subject: Legislative Program Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish the guidelines of the City's legislative program. BACKGROUND: Historically, the City handled legislation in an ad hoc procedure. As the number of bills the City addressed increased, so did the need to establish a program that more efficiently and effectively handled legislative matters. Staff researched the programs of several cities in San Diego Country to develop an appropriate and flexible program for Carlsbad. POLICY: 1.Participate in the County Legislative Coalition, which will serve topromote the unified position of municipalities in San Diego County tothe State and Federal legislature.2.Adopt a legislative platform expressing the City's general legislativeconcerns.3.The Mayor or his/her designee will review specific bills for consistencywith the platform. Bills of interest to the City not covered by theplatform shall be forwarded to the entire City Council forconsideration.4.Only the City Council may authorize a letter be sent on behalf of theCity to oppose or support legislation. If a Board, Committee,Commission or advisory group believes the City should send such aletter, staff members for that group will forward the request to the CityManager's Office. The request will be processed according to thispolicy.Exhibit 3 June 16, 2020 Item #9 Page 10 of 12 CITY OF CARLSBAD Page 2 of 2 Policy No .. __ .,._39....._ ____ _ COUNCIL POLICY STATEMENT Date Issued___.,,4,../-=1"""9.._l.::.9_,,4 ___ _ General Subject: Specific Subject: Copies to: PROCEDURE: Administration Legislative Program Effective Date 4/20/94Cancellation Date ------Supersedes No.39 dated 2/19/91 City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File A.Adopt the County Legislative Coalition's platform as a base and addto it as needed.B.Staff will monitor the League of California Cities' Legislative Bulletin,the San Diego County Legislative Coalition, SANDAG and departmentheads to learn about bills which would have a direct and significantimpact on the City of Carlsbad.C.Staff will present pertinent bills to the Mayor or his/her designee forreview. If a bill is consistent with the adopted platform, the Mayor orhis/her designee will authorize appropriate action. If a bill is notcovered by the adopted platform, it will be placed on the CouncilAgenda for consideration.D.Staff will present requests from a Board, Committee, Commission oradvisory group to support or oppose legislation to the Mayor or his/herdesignee for review. If a bill is consistent with the adopted platform,the Mayor or his/her designee will authorize appropriate action. If abill is not covered by the adopted platform, it will be placed on theCouncil Agenda for consideration.E.Staff will provide the full Council with a monthly update on theprogress of key bills.June 16, 2020 Item #9 Page 11 of 12 Exhibit 4 June 16, 2020 Item #9 Page 12 of 12 Tammy Cloud-McMinn From: Sent: To: Subject: Jessica Chavez <j1chavez0914@gmail.com> Tuesday, June 16, 2020 9:01 PM City Clerk Item 9 All Receive -Agenda Item # _:j_ For the Information of the: CITY COUNCIL Date/,,) I lo CA v-cc ~ CM ~CM ~CM (3) ~ The city of Carlsbad offers employee training for how to deal with people with mental illness. 1. Why isn't this training mandatory for all police enforcement, and all city employees? 2. Are you aware that an act of police brutality was committed against an unarmed black man who needed mental health assistance? 3. Instead of increasing CPD Budget by 6% Have you considered reallocating funds towards community mental health and substance abuse services? 4. In the future have you considered using funds to help benefit communities with POC that live in the city of Carlsbad; such as increased spending on affordable housing, education, and cultural arts programs, that include and reflect families, communities and individuals that are POC in the Carlsbad community? jlchavez0914@gmail.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1