HomeMy WebLinkAbout1993-01-12 - AGENDA REPORTS - CONSTITUTIONAL CONVENTION (2)AGENDA REPORT
City Manager Approve
Item to be presented
NEW BUSINESS
DATE: January 12, 1993
SUBJECT: STATE CONSTITUTIONAL CONVENTION
DEPARTMENT:_ City Council
BACKGROUND
Councilmember Boyer
At the conclusion of the 1992 'League of California Cities Annual Conference,
member cities were urged to contact the League with their thoughts concerning
the approach the League should pursue with respect to protecting local
jurisdictions from further state mandates, increased fees and funding reductions.
The City of Ukiah believes these issues may be the catalyst for the calling of a
state constitutional convention. Former state senator Barry Keene, who
represented the City of Ukiah, sponsored legislation calling for a
constitutional convention. While the legislative'efforts failed, proponents of
a convention believe thattheissue is ripe for further consideration.
The state' constitution may be amended by action of . the Legislature,
constitutional convention or initiative. All three methods require voter
approval. The California Constitution,adopted in 1879, has been amended over
460 times, making it one of the longest constitutions in the world. In contrast
the United States Constitution, adopted in 1789, has been amended 26 times.
The California Constitution has ceased to be a fundamental, guiding document
which outlines the framework of state government. It contains specific sections
which more appropriately belong in statute, rather than the constitution. The
purpose of a constitutional convention would be to rewrite the document,
returning its provisions to the basic concepts appropriate to a constitution.
Proponents of a constitutional convention argue that it is appropriate to
rewrite the document, returning to its original intent as a framework for state
government. Recent unbridled use of the initiative process by special interests
has perpetuated amendment of the constitution in a manner which favors special
interests and constrains the. Legislature's ability to respond to new
circumstances or public demands.
Convention opponents argue that a constitutional convention opens the door for
major structural and philosophical changes to the document. Municipal opponents.
believe that the lack of a pre -convention guarantee could have an adverse impact
on cities with respect to municipal funding and state mandates.
According to Article 18, Section 2 of the California Constitution, a resolution
would need to be approved by two-thirds of the members of each house of the
Legislature. and approved by a majority of voters at the next general election.
If approved by the electorate, the Legislature shall provide for the convention
within six months.
�� cl/ ,, .fit. genda Item: —
4 . -
Support the calling of a state constitutional convention and transmit statements
of support to the. League of California Cities, City of Ukiah, Governor Wilson
and the Santa Clarita legislative delegation.
CB:MPM:459