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Home My WebLink About2021-03-16; City Council; Resolution 2021-058RESOLUTION NO. 2021-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CITY COUNCIL POLICY NO. 39 INTERGOVERNMENTAL AFFAIRS PROGRAM WHEREAS, on April 19, 1994, the City Council issued City Council Policy No. 39 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, on June 16, 2020, the City Council adopted Resolution No. 2020-116 rescinding City Council Policy No. 39 -Legislative Program and replacing it with revised City Council Policy No. 39 - Intergovernmental Affairs Program; and WHEREAS, the City Council Legislative Subcommittee has reviewed City Council Policy No. 39 - Intergovernmental Affairs Program and recommends amending it as presented in 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: II II II II II II II II II 1.That the above recitations are true and correct. 2.That the City Council approves the amended City Council Policy No. 39 - Intergovernmental Affairs Program as shown in Attachment A. March 16, 2021 Item #8 Page 3 of 58 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of March, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor vhf\)�j)0{1,yl �?., fvv'BARBARA ENGLESON, Citylerk (SEAL) March 16, 2021 Item #8 Page 4 of 58 Subject: Intergovernmental Affairs Program Purpose Policy No. 39 Date Issued Resolution No. 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. Statement of policy 1.It shall be the policy of the City of Carlsbad to actively monitor and advocate for legislation and other intergovernmental matters affecting the city as directed by the City Council to protect the city's interests and local legislative authority. 2.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. 3.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. 4.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. 5.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: 03/16/2021 2021-058 Attachment A March 16, 2021 Item #8 Page 5 of 58 City Council Policy Statement No. 39 March 16, 2021 Page 2 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. 6.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. 7.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' 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' 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 significant impact on the city's fiscal, operational and environmental health, and the overall quality of life enjoyed by Carlsbad residents and other stakeholders. March 16, 2021 Item #8 Page 6 of 58 City Council Policy Statement No. 39 March 16, 2021 Page 3 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. March 16, 2021 Item #8 Page 7 of 58 City Council Policy Statement No. 39 March 16, 2021 Page 4 c.The city's legislative positions, as further defined below, are established and advocated for in accordance with the procedures outlined above. The city's advocacy efforts in support of a legislative position may include the following resources and activities: position letters; staff, consultant and council member testimony to committees and other legislative and regulatory bodies; and meetings and phone calls with members of legislative and regulatory agencies. i.Support -A support position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Carlsbad is in favor of the legislation in question. ii.Support if Amended -A support if amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Carlsbad is in favor of the legislation in question, if the requested changes are adopted. iii.Neutral -A neutral position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Carlsbad is impartial on the legislation in question and does not wish to take a position. iv.Oppose-An oppose position indicates to the corresponding legislature, regulatory agency, and other stakeholders that the City of Carlsbad is against the legislation in question. v.Oppose Unless Amended -An oppose unless amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Carlsbad is against the legislation in question, unless the requested changes are adopted. vi.Watch -A watch position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Carlsbad is dedicating resources to monitor the legislation in question. 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. March 16, 2021 Item #8 Page 8 of 58