HomeMy WebLinkAbout- NB-1 - Information Regarding Proposed Charter - 12/6/2011CITY COUNCIL AGENDA REPORT
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SUBJECT: INFORMATION REGARDING PROPOSED CHARTER
DATE: DECEMBER 1, 2011
FROM: BILL LOBDELL, INTERIM COMMUNICATIONS DIRECTOR
THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
PRESENTATION BY: BILL LOBDELL
FOR FURTHER INFORMATION CONTACT: Bill Lobdell at (714) 754-5288
RECOMMENDATION:
Direct staff and the City Attorney to begin the process of drafting a Proposed Charter and
required supplemental documents.
BACKGROUND:
In the fall of 2011, City Council asked the City Attorney to investigate the benefits and
variations of the Charter form of city government. This report and the attached
documents outline the differences between a general law city (Costa Mesa's current
form of government), and a charter law city; the advantages of the Charter form of city
government; and various other relevant issues regarding the decision to use the
Charter form of city government. Any proposed charter would need to be placed on the
ballot and approved by the voters. ,
ANALYSIS:
The City of Costa Mesa is currently a general law city. The general law form allows
cities to act only based upon the authority given by the California Constitution and the
California Legislature. The alternative type of city government used by approximately
120 California cities is the charter form. A charter city is one that has adopted a set of
bylaws, called the charter, which acts as a local constitution for the city. Similarly to the
federal and State constitutions, a charter may only be adopted, amended, or repealed
by a majority vote of a city's residents.
General Law vs. Charter
Charter cities have more authority over their municipal affairs, strengthening the City's
home rule.1 By adopting a charter, the City will have greater flexibility in the operations
' "Home rule" refers to the relative degree of decision-making authority a city has regarding its local or
municipal affairs.
File Name: Charter Staff Report 11-28-2011 Date: Time:
(RK).doc
of its municipal -government, which, if properly utilized, can translate to greater
efficiency, effectiveness, and innovation.
A charter city has more options when considering how to handle a number of municipal
affairs. This includes, but is not limited to, the following:
1. Construction and maintenance contracting.
2. Land use.
3. City finances.
4. State mandates.
5. City government structure.
Notwithstanding these advantages, there are several limitations and safeguards upon a
charter city's powers. In particular, a charter city's decision-making authority is
specifically limited to only municipal affairs and does not extend to matters of "state-
wide concern." Generally speaking, a matter of statewide concern is something that is
determined, by the courts, to be of an importance to the entire state. In those cases,
state law preempts local regulations. For example, many traffic regulations are matters
of state-wide concern. A charter city would not be able to adopt local traffic regulations
that would conflict with those enacted by the Legislature.
Also, recent charters passed by California cities have included "anti -City of Bell
measures" that limit council member and city employee compensation to what's allowed
under state law.
It's important to note that an adoption of a charter does not change the way the City
operates. Like the state and federal constitutions, a charter would only provide the City
a general set of guidelines and an opportunity to make community -specific decisions.
Any changes to existing ordinances and regulations may be made so long as they are
within the parameters found in the charter.
Adoption
The state Legislature recently approved a bill (AB1344) .that provided for more public
input on proposed city charters, both before and after the measures are placed on the
ballot. The City's proposed timeline of events (see attached) adds significantly more
meetings than the required two public hearings over a two-month period anyd allows for
the proposed charter to be submitted 95 days prior to the June 5, 2012 election
(previously, the minimum had been 88 days).
It's important to note that during the process of creating a' proposed charter, language
and items can be edited and deleted, but after the first public hearing, no new
measures can be added. Therefore, the first drafts of city charters are usually broadly
written and then refined through public input during the process.
ALTERNATIVES CONSIDERED:
Council can choose to not direct staff and the City Attorney to begin the process of
drafting a Proposed Charter and required supplemental documents.
File Name: Charter Staff Report 11-28-2011 Date: Time:
(RK).doc
2
FISCAL REVIEW:
If the proposed charter is placed on the June 2012 ballot, then the Registrar of Voters
estimates the cost to consolidate to be in the range of $97,500 to $123,500. If placed on
the November 2012 ballot, the Registrar of Voters estimates the cost to consolidate to be
in the range of $78,500 to $97,500.
LEGAL REVIEW:
The City Attorney's, office has reviewed this report and attachments and approves as to
the form found therein.
CONCLUSION:
Council is requested to provide staff and the City Attorney's office direction whether it
wants to move forward in drafting a proposed charter and the required supplemental
documents for voter consideration.
R.
NOMAS R. HATCH
CHIEF EXECUTIVE OFFICER
4 ,1 a 0 ;—P) � I U: k-,
THOMAS P. DUARTE 7;
CITY ATTORNEY
ATTACHMENTS: 1 Sample Charter for Costa Mesa
2 A charter primer from the League of California Cities
http://www.cacities.org/index.isp?displavtype=11 &story=262
79
3 Timeline of events for creating a city charter
AB1344.pdf (http://www.leginfo.ca.gov/pub/11-
12/bill/asm/ab 1301-
1350/ab 1344 bill 20110920 enrolled.pdf)
File Name: Charter Staff Report 11-28-2011 Date:
(RK).doc
Time:
3
Draft 1
CHARTER
OF THE
CITY OF COSTA MESA
ATTACHMENT
WE THE PEOPLE of the city of Costa Mesa declare our intent to restore to our community the
historic principles of self -governance inherent in the doctrine of home -rule. Sincerely committed
to the belief that local government has the closest affinity to the people governed and firm in the
conviction that the economic and fiscal independence of our local government will better serve
and promote the health, safety and welfare of all of the citizens of this City, we do hereby
exercise the express right granted by the Constitution of the State of California to enact and
adopt this Charter for the city of Costa Mesa.
Article I
Municipal Affairs
Section 100. Name of City; Perpetual Succession
The city of Costa Mesa shall continue to be a municipal corporation known as the city of Costa
Mesa. The boundaries of the city of Costa Mesa shall continue as now established until changed
in the manner authorized by law.
Section 101. Rights and Liabilities of Cities; Prior Contracts, Liabilities, Etc., Continued in
Effect
The city of Costa Mesa shall remain vested with and shall continue to own, have, possess,
control and enjoy all property rights and rights of action of every nature and description owned,
had, possessed, controlled or enjoyed by it at the time this Charter takes effect, and is hereby
declared to be the successor of same. It shall be subject to all debts, obligations and liabilities,
which exist against the City at the time this Charter takes effect. All lawful ordinances,
resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect
and not in conflict with or inconsistent herewith, are hereby continued in force until the same
have been duly repealed, amended, changed or superseded by proper authority.
Section 102. Municipal Affairs
Each of the responsibilities of governance set forth and described in this Charter, and as
established by the Constitutional, statutory and judicially defined law of the State of California,
is hereby declared to be a municipal affair of concern, the performance of which is unique to the
benefit of the citizens of the city of Costa Mesa.
Section 103. General Powers; Seal
The city of Costa Mesa, by and through its legislative body and other officials, shall have and
exercise all powers necessary or appropriate to a municipal corporation and the general welfare
of its inhabitants, which are not prohibited by the Constitution of the State of California, and
which it would be competent for this Charter to set forth particularly or specifically, as fully and
completely as though they were specifically enumerated in this Charter. The enumeration in this
Page 1 of 7 Draft
ATTACHMENT
Draft 1
Charter of any particular power, duty or procedure shall not be held to be exclusive of, or any
limitation or restriction upon, this general grant of power. General powers of the city include, but
are not limited to, the powers necessary or appropriate to promote the health, welfare and safety
of its inhabitants. The city shall have and use a common seal and the official seal hereinbefore
adopted and now in use by said city shall continue to be the official seal of the city.
Article 2
Form of Government
Section 200. Form of Government
The municipal government established by this Charter shall be known as the "Council -Manager"
form of government. The City Council will establish the policy of the City and the City Manager
will carry out that policy.
Section 201. Legislative Body; Composition
The legislative body of the City shall consist of five (5) council members elected at large. This
legislative body shall be known as the City Council, and each. of its members shall be laiown as
"Council Members." The number of terms a member of the city council may serve on the city
council shall be limited to two (2) consecutive terms of four (4) years each. The City Council
shall choose one of its members as mayor and one of its members as mayor pro tempore at the
meeting at which the declaration of the municipal election results. The term of service for both
mayor and mayor pro tempore shall be for a period of two (2) years from the date of
appointment. .
The Council Members shall be elected by the qualified voters of the City at a general municipal
election. Their terms shall be staggered in the manner as existing at the time of the adoption of
this Charter. They shall hold office for the period of four years from and after the date of
certification of election results by the City Council, and until their successors are elected, and
qualified.
The members of the City Council shall not be eligible to any other office or employment with the
City during the period of their incumbency, and for a period of one year following the
termination of their position on the City Council.
Section 202. Time and Place of Meetings; Rules of Conduct of Proceedings
The City Council shall provide by ordinance for the time and place of holding its meetings.
Special and emergency meetings shall be called in accordance with the provisions of general
law. There shall be at least one regular meeting in each calendar month. Any regular meeting
may be adjourned to a date and hour certain, and such adjourned meeting shall be a regular
meeting for all purposes.
Meeting locations and rules for notice of, and conduct of, meetings of the City Council and all
subordinate legislative bodies in the City shall be conducted in accordance with state laws and
such rules for procedure as established by ordinance of the City Council.
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ATTACHMENT
Draft 1
Section 203. Administrative Officers; Appointment and Removal; Grounds
The following administrative officers are hereby established, each of whom shall be appointed
by the City Council: a City Manager and a City Attorney.
Except as may be otherwise provided in this Charter the affirmative three (3) members of the
City Council shall be required for the appointment of or the removal of any administrative
officer for cause. "For cause" includes, but is not limited to, refusal to perform the duties of his
or her office; being adjudged mentally incompetent; or being convicted of a felony, or crime of
moral turpitude. The administrative officer is entitled to a hearing before the City Council on the
validity of the grounds providing the basis for removal for cause.
The City Council may remove any of its administrative officers at its pleasure, without cause
stated or hearing had, by the affirmative vote of four members in favor of such removal, and the
determination of the council in such matters shall be final and conclusive.
Section 204. Administrative Officers; Qualifications and Duties
The City Manager shall be the administrative head of the City government. The duties of the
City Manager shall be as prescribed by this Charter or by ordinance of the City Council
The City Attorney shall be the chief legal advisor to the City and the City Council. The City.
Attorney shall be an attorney-at-law, admitted to practice as such before the supreme court of the
state, and who has been in actual practice therein for at least three years next preceding
appointment. All other things being equal, an attorney who has had special training or experience
in municipal corporation law shall be appointed to the office if practicable. The City Attorney
shall, within his or her discretion, prosecute all violations of city ordinances and shall draft or
approve all contracts and other legal documents and instruments.
Section 205. Interference With Performance of Duties of City Manager
No member of the City Council shall in any manner attempt to influence or coerce the City
Manager in the making of any appointment or the purchase of supplies in accordance with the
Charter, City ordinance, or applicable state and federal law.
Except for such direction that it provides to the City Attorney, the City Council shall deal with
the administrative functions of the City through the City Manager. The City Council shall only
have direct contact with the directors of the City's departments for the purpose of asking
questions.
No Council Member, and no officer, board or member of any board or commission, shall
recommend the appointment of, appoint, vote for or elect, to any office, position of employment,
in any department of the City government, any person.related by consanguinity or connected by
marriage with such Council Member. A breach of this section shall be cause for removal of any
such Council Member, officer, board or member of such board or commission.
Article 3
Legislative Authority
Page 3 of 7 Draft
ATTACHMENT
Draft 1
Section 300. Ordinances
The City Council shall act by ordinance, resolution, or motion. Except for urgency ordinances,
except for ordinances calling for or otherwise relating to an election, and except for other
ordinances identified in the general laws of the State that do not require introduction prior to
adoption, no ordinance shall be passed by the City Council on the date of its introduction, nor
within five (5) clays thereafter, nor at any time other than at a regular meeting. Nothing herein
shall be construed as prohibiting minor changes, amendments or modifications of a proposed
ordinance between the time of its introduction and final passage, providing its general scope and
original purpose are retained. The affirmative vote of three (3) members shall be necessary to the
passage of any ordinance. All ordinances and resolutions shall be signed by the Mayor and
attested by the City Cleric.
The enacting clause of all ordinances shall be, "The City Council of the City of Costa Mesa does
ordain as follows". All ordinances, with the exception of the annual appropriation ordinance,
shall contain but one subject, which shall clearly be stated in the title.
Fines and other penalties for the violation of City ordinances shall be in such amounts as
established by the City Council in the City's Municipal Code, but no civil fine or penalty shall
exceed $2,500 for each day of the same violation provided, however, that any civil fines or
penalties established by any state or federal agency, which can be imposed on the City for
violations of statutes or regulations adopted by that state or federal agency, may be imposed by
the City against any person, entity, or organization violating any City ordinance related to such
state or federal law or regulation, in like amount. The maximum amount of any civil fines or
penalties shall not be limited to those amounts established by State law for criminal fines or
penalties.
Article 4
Fiscal Matters
Section 400. Economic and Community Development
The City shall encourage, support, and promote economic development and community
development in the City.
Section 401. Purchasing and Contracts
"Public Works Contract," as used in this section, means an agreement for the erection,
construction, alteration, repair, or improvement of any public structure, building, road, or other
public improvement of any kind, which is paid for in whole with tax revenue paid by residents of
the City of Costa Mesa.
"Other Public Contract" as used in this section means any contract, purchase order, or other
agreement used to procure services and supplies of any kind, that are paid for in whole with tax
revenue paid by the residents of the City of Costa Mesa.
The City is exempt from the provisions of all California statutes regulating public contracting
and purchasing, except as provided by this Charter, City ordinance, or by agreement approved by
the City Council.
Page 4 of 7 Draft
ATTACHMENTI
Draft 1
Annually, the City Council shall set a value at which Public Works Contracts shall be exempt
from public bidding and shall follow such procedures for open market sale or purchase as set by
the City Council.
The City Council shall establish all standards, procedures, rules or regulations to regulate all
aspects of the bidding, award and performance of any Public Works Contract greater than the
value set by the Council, including but not limited to, the compensation rates to be paid for the
performance of such work.
The City may, without exception, enter into Other Public Contracts. Other Public Contracts shall
follow such procedures as set by the City Council.
No City Public Works Contract or Other Public Contract shall require payment of the prevailing
wage schedule unless: the prevailing wage is legally required and constitutionally permitted to be
imposed by the requirements of federal grants, state grants, redevelopment law, or other federal
or state law; or the project is considered by the City Council not to be a municipal affair of the
City; or payment of the prevailing wage schedule is authorized by resolution of the City Council.
Payment of the prevailing wage schedule, if authorized hereunder, shall use the pertinent rates
published by the State of California.
The City will promote fair and open competition for all City construction projects so that all
contractors and workers, whether union or non-union, are treated equally in the bidding and
awarding of City construction contracts.
Section 402. Miscellaneous Provisions Relating to Appropriations
Upon the request of the City Manager the City Council may, by resolution, transfer any part of
an unencumbered balance of any appropriation to another purpose or object, or may, by
resolution, authorize a transfer to be made between items appropriated to the same office or
department. At the close of each fiscal year, the unexpended balance of each appropriation,
against which no contracts or works or supplies are outstanding, shall revert to the City's general
fund. Any money in the general field otherwise unappropriated may be appropriated by the City
Council at any time by resolution.
Article 5
Revenue Retention
Section 500. Reductions Prohibited
Revenues raised and collected by the City shall not be subject to subtraction, retention,
attachment, withdrawal or any other form of involuntary reduction by any other level of
government.
Section 501. Mandates Limited
No person whether elected or appointed, acting on behalf of the City, shall be required to
perform any function which is mandated by any other level of government, unless and until
funds sufficient for the performance of such function are provided by said mandating authority.
Page 5 of 7 Draft
Draft 1
Article 6
General Laws
Section 600. General Law Powers
ATTACHMENT
The City shall have the power and authority: to adopt and enforce all legislation, laws, and
regulations; and to take all actions necessary to exercise any and all rights, powers, and
privileges heretofore or hereafter established, granted, or prescribed by any law of the State of
California, or by any other lawful authority. In the event of any conflict between the provisions
of this Charter and the provisions of the general laws of the State of California, the provisions of
this Charter shall control.
Section 601. Council Member Compensation
Notwithstanding the previous paragraph, salary of the Mayor and Council Members will
continue to be set by California Government Code §36516, as that statute provides as of the date
of the adoption of this Charter, where the formula considers city population and state law.
Section 602. Employee Retirement Benefits
At the time of this Charter's adoption, no ordinance increasing any employee, legislative officer
or elected official's existing retirement benefits, other post -employment benefits, or employer
contributions, with the exception of Cost of Living Adjustments, shall be adopted without the
majority approval of qualified voters of the City at a general municipal election. The City
Council may reduce retirement benefits, other post -employment benefits, or employer
contributions as provided in state law without all amendment to this section.
Section 603. Voluntary Municipal Employee Political Contributions
Unless otherwise required by law, a city employee labor union, city contractor, or city employer
("Organization") may only make expenditures for political activities if the Organization
establishes a separate segregated fiend that meets the requirements of this chapter. The
Organization shall ensure that: (a) In soliciting contributions for the fiord, the Organization
discloses, in clear and unambiguous language on the face of the solicitation, that contributions
are voluntary and that the fund is a political fined and will be expended for political activities; (b)
Union dues are not used for political activities, transferred to the fiend, or intermingled in any
way with fiend moneys; (c) The cost of administering the fiind is paid from fluid contributions
and not from union dues; (d) Each contribution is voluntary and shall be made by the member or
employee and may not come from or be remitted by the employer of the member; (e) The
solicitations are written and mailed to the residence of the member or employee; (f) The
Organization shall not exceed two written solicitations for the field per calendar year; and, (g)
The solicitations are designed such that the Organization cannot determine who makes a
contribution of less than $100 as a result of such solicitation and who does not make such a
contribution. The Organization has the burden of proof to establish that the requirements above
are met.
Article 7
Interpretation
Page 6 of 7 Draft
ATTACHMENT
Draft l
Section 700. Construction and Interpretation
The language contained in this Charter is intended to be permissive rather than exclusive or
limiting and shall be liberally and broadly construed in favor of the exercise by the City of its
power to govern with respect to any matter which is a municipal affair.
Section 701. Severability
If any provision of this Charter should be held by a court of competent jurisdiction to be invalid,
void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest
extent permitted by law.
Article 8
Amendment
Section 800. Amendment to Charter, Revised or Repealed
This Charter, and any of its provisions, may be amended by a majority vote of the electors voting
on the question. Amendment or repeal may be proposed by initiative or by the governing body.
AUTHENTICATION
AND
CERTIFICATION
Authenticated and certified to be a_true copy by Mayor and City.Clerk
Date of Municipal Election: ATTEST:
, Mayor
, City Cleric
Page 7 of 7 Draft
ATTACHMENT
Information from the nonpartisan California League of Cities: .
http://www. ca cities. org/chartercities
Introduction
Charter Cities
Did you know that, under certain home rule provisions in California's state constitution, voters can
exercise a greater degree of local control than that provided by the California Legislature? Becoming a
charter city allows voters to determine how their city government is organized and, with respect to
municipal affairs, enact legislation different than that adopted by the state.
In 2001, the Institute for Local Government, the League's research arm, teamed up with the Hastings
Public Law Research Institute to create an informational resource for those interested in understanding
more about this special form of local control. The League is grateful to everyone who helped with this
project including Phillip Hall of UC Hastings and the Hastings Public Law Research Institute; Karl Berger
of Jenkins & Hogin LLP; Betsy Strauss (Attorney at Law); John Cook (Former City Attorney, Indian Wells);
and Harvey Levine (City Attorney, Fremont). In 2007, the League updated these resources and the new .
documents can be found below. The League would like to thank Hilda Cantu Montoy (Attorney at Law) for
her help with the update.
Charter Cities: A Quick Summary for the Press and Researchers
The following summary was drafted by the League of California Cities' legal staff,
in an attempt to give the press and research communities a primer on some
frequently asked questions regarding charter cities.
Charter Cities vs. General Law Cities — The Basics
The California Constitution gives cities the power to become charter cities.1 The benefit of becoming a
charter city is that charter cities have supreme authority over "municipal affairs."2 In other words, a
charter city's law concerning a municipal affair will trump a state law governing the same topics
Cities that have not adopted a charter are general law cities. General law cities are bound by the state's
general law, even with respect to municipal affairs. Of California's 478 cities, 108 of them are charter
cities.
The charter city provision of the State Constitution, commonly referred to as the "home -rule" provision, is
based on the principle that a city, rather than the state, is in the best position to know what it needs and
how to satisfy those needs.4 The home -rule provision allows charter cities to conduct their own business
and control their own affairs,s A charter maximizes local control.
A city charter, in effect a city's constitution, need not set out every municipal affair the city would like to
govern. So long as the charter contains a declaration that the city intends to avail itself of the full power
provided by the California Constitution, any city ordinance that regulates a municipal affair will govern over
a general law of the state.6
Defining 'Municipal Affairs'
Determining what is and is not a "municipal affair" is not always straightforward. The California
Constitution does not define "municipal affair." It does, however, set out a nonexclusive list of four "core"
Page 1 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
http://www. ca cities.orq/ hartercities
categories that are, by definition, municipal affairs.
These categories are 1) regulation of the "city police force'; 2) "subgovernment in all or part of a city"; 3)
"conduct of city elections"; and 4) "the manner in which ... municipal officers [are] elected." a Beyond this
list, it is up to the courts to determine what is and is not a municipal affair.
To determine if a matter is a municipal affair, a court will ask whether there are good reasons, grounded
on statewide interests, for the state law to preempt a local laws In other words, courts will ask whether
there is a need for "paramount state control" in the particular area of Iaw.10 The Legislature's intent when
enacting a specific law is not determinative. 11
The concept of "municipal affairs" is fluid and may change over time.12 Issues that are municipal affairs
today could become areas of statewide concern in the future.13 Nonetheless, there are some areas that
courts have consistently classified as municipal affairs. These include:
• Municipal election matters14
• Land use and zoning decisions (with some exceptions)15
• How a city spends its tax dollarsla
• Municipal contracts, provided the charter or a city ordinance exempts the city from the Public
Contract Code, and the subject matter of the bid constitutes a municipal affair.17 Thus, a charter
may exempt a city from the State's competitive bidding statutes,
Likewise, there are some areas that courts have consistently classified as areas of statewide concern,
including:
• Traffic and vehicle regulationla
• Tort claims against a governmental entityla
• Regulation of school systems20
How to Become a Charter City
To become a charter city, a city must adopt a charter. There are two ways to adopt a charter:
• The city's voters elect a charter commission.21 The commission has the responsibility of drafting and
debating the charter.
• The governing board of the city, on its own motion, drafts the charter.22
In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's
voters.23
For more information about charter cities, please visit the "Charter Cities" section of the League's Web
site at httpa/www.cacities.ora/chartercities.
1
2 Cal. Const. art. XI, § 3(a).
3 Cal. Const. art. XI, § 5(a).
4 Johnson v. Bradley, 4 Cal. 4th 389, 399 (1992).
5 Fragley v.'Phelan, 126 Cal. 383, 387 (1899).
Id.
Page 2 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
http://www. ca cities. orq/chartercities
6
There are some exceptions to this rule. For example, a charter city is bound by the Public Contract Code unless the city's
charter expressly exempts the city from the Code's provisions or a city ordinance conflicts with a provision In the Code. See Cal,
Pub. Cont. Code § 1100.7.
8 Cal. Const. art. XI, § 5(b); Johnson, 4 Cal. 4th at 398.
9 Cal. Const. art. XI, § 5(b).
Johnson, 4 Cal. 41h at 405.
10
Id, at 400.
11
z Id, at 405.
Cal. Fed. Savings & Loan Assn v. City of Los Angeles, 54 Cal. 3d 1, 16 (1991); Isaac v. City of Los Angeles, 66 Cal. App. 4th
386, 599 (1998).
14 Isaac, 66 Cal. App. 4th at 599.
5 Mackey v. Thiel, 262 Cal. App. 2d 362, 365 (1968).
8 See Brougher v. Bd. of Pub. Works, 205 Cal, 426, 440 (1928).
17 Johnson, 4 Cal. 4th at 407.
Pub. Cont. Code § 1100.7; R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188, 1191 (1985); Howard
�Ceontracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38, 51 (1998).
�0
Cal. Veh. Code § 21.
20 Halbach v. City of Long Beach, 50 Cal. App. 2d 242, 247 (1942).
21 Whisman v. San Francisco Unified Sch. Dist., 86 Cal. App. 3d 782, 789 (1978).
22
Cal. Gov't Code § 34451.
23 Cal. Gov't Code § 34458.
Cal. Gov't Code §§ 34457, 34462.
Page 3 of 18
ATTACHMENT
General Law City v. Charter City
Characteristic
General Law City
Charter City
Ability to Govern
Bound by the state's general law, regardless
Has supreme authority over "municipal
Municipal Affairs
of whether the subject concerns a municipal
affairs." Cal. Const. art. XI, § 5(b).
affair.
Form of Government
State law describes the city's form of
Charter can provide for any form of
government For example, Government
government including the "strong mayor,"
Code section 36501 authorizes general law
and "city manager" forms. See Cal. Const.
cities be governed by a city council of five
art. XI, § 5(b); Cal. Gov't Code § 34450 et
members, a city clerk, a city treasurer, a
seq.
police chief, a fire chief and any subordinate
officers or employees as required by law.
City electors may adopt ordinance which
provides for a different number of council
members. Cal. Gov't section 34871. The
Government Code also authorizes the "city
manager" form of government. Cal. Gov't
Code §34851.
Elections Generally
Municipal elections conducted in accordance
Not bound by the California Elections Code.
with the California Elections Code. Cal. Elec.
May establish own election dates, rules, and
Code §§ 10101 et seq..
procedures. See Cal. Const. art. XI, § 5(b);
Cal. Elec. Code §§ 10101 et seq..
Methods of Elections
Generally holds at -large elections whereby
May establish procedures for selecting
voters vote for any candidate on the ballot.
officers. May hold at -large or district
Cities may also choose to elect the city
elections. See Cal. Const. art. XI, § 5(b).
council "by" or "from" districts, so long as the
election system has been established by
ordinance and approved by the voters. Cal.
Gov't Code § 34871. Mayor may be elected
by the city council or by vote of the people.
Cal. Gov't Code §§ 34902.
City Council Member
Minimum qualifications are:
Can establish own criteria for city office
Qualifications
provided it does not violate the U.S.
1. United States citizen
Constitution. Cal. Const. art. XI, § 5(b), 82
2. At least 18 years old
Cal. Op. Att'y Gen. 6, 8 (1999).
3. Registered voter
4. Resident of the city at least 15 days
prior to the election and throughout
his or her term
5. If elected by or from a district, be a
resident of the geographical area
comprising the district from which he
or she is elected.
Cal. Elec. Code § 321; Cal. Gov't Code §§
34882, 36502; 87 Cal. Op. Att'y Gen. 30
(2004).
Page 4 of 18
ATTACHMENT
Characteristic
General Law City
Charter City
Public Funds for Candidate
No public officer shall expend and no
Public financing of election campaigns is
in Municipal Elections
candidate shall accept public money for the
lawful. Johnson v. Bradley, 4 Cal. 4th 389
purpose of seeking elected office. Cal. Gov't
(1992).
Code §85300.
Term Limits
May provide for term limits. Cal. Gov't Code
May provide for term limits. Cal. Const. art.
§ 36502(b).
XI, § 5(b); Cal Gov't Code Section 36502 (b).
Vacancies and Termination
An office becomes vacant in several
May establish criteria for vacating and
of Office
instances including death, resignation,
terminating city offices so long as it does not
removal for failure to perform official duties,
violate the state and federal constitutions.
electorate irregularities, absence from
Cal. Const. art. XI, § 5(b).
meetings without permission, and upon non-
residency. Cal. Gov't Code §§ 1770, 36502,
36513.
Council Member
Salary -ceiling is set by city population and
May establish council members' salaries.
Compensation and
salary increases set by state law except for
See Cal. Const. art. XI, § 5(b). If a city
Expense Reimbursement
compensation established by city electors.
provides any type of compensation or
See Cal. Gov't Code § 36516. If a city
payment of expenses to council members,
provides any type of compensation or
then all council members are required to
payment of expenses to council members,
have two hours of ethics training. See Cal.
then all council members are required to
Gov't Code §§ 53234 - 53235.
have two hours of ethics training. See Cal.
Gov't Code §§ 53234 - 53235.
Legislative Authority
Ordinances may not be passed within five
May establish procedures for enacting local
days of introduction unless they are urgency
ordinances. Brougher v. Bd. of Public Works,
ordinances. Cal. Gov't Code § 36934.
205 Cal. 426 (1928).
Ordinances may only be passed at a regular
meeting, and must be read in full at time of
introduction and passage except when, after
reading the title, further reading is waived.
Cal. Gov't Code § 36934.
Resolutions
May establish rules regarding the
May establish procedures for adopting,
procedures for adopting, amending or
amending or repealing resolutions. Brougher
repealing resolutions.
v. Bd. of Public Works, 205 Cal. 426 (1928).
Quorum and Voting
A majority of the city council constitutes a
May establish own procedures and quorum
Requirements
quorum for transaction of business. Cal.
requirements. However, certain legislation
Gov't Code § 36810.
requiring supermajority votes is applicable to
charter cities. For example, see California
All ordinances, resolutions, and orders for
Code of Civil Procedure section 1245.240
the payment of money require a recorded
requiring a vote of two-thirds of all the
majority vote of the total membership of the
members of the governing body unless a
city council. Cal. Gov't Code § 36936.
greater vote is required by charter.
Specific legislation requires supermajority
votes for certain actions.
Page 5 of 18
Characteristic I General Law City I Charter City
Rules Governing
Procedure and Decorum
Personnel Matters
Contracting Services
Ralph Brown Act is applicable. Cal. Gov't
Code §§ 54951, 54953(a).
Conflict of interest laws are applicable. See
Cal. Gov't Code § 87300 et seq..
May establish standards, requirements and
procedures for hiring personnel consistent
with Government Code requirements.
May have "civil service" system, which
includes comprehensive procedures for
recruitment, hiring, testing and promotion
See Cal, Gov't Code § 45000 et seq.
Meyers-Milias-Brown Act applies. Cal. Gov't
Code §3500.
Cannot require employees be residents of
the city, but can require them to reside within
a reasonable and specific distance of their
place of employment. Cal. Const, art. XI, §
10(b).
Authority to enter into contracts to carry out
necessary functions, including those
expressly granted and those implied by
necessity. See Cal. Gov't Code § 37103;
Carruth v. City of Madera, 233 Cal. App. 2d
688 (1965).
Page 6 of 18
Ralph Brown Act is applicable. Cal. Gov't
Code §§ 54951, 54953(a),
Conflict of interest laws are applicable. See
Cal. Gov't Code § 87300 at seq..
May provide provisions related to ethics,
conflicts, campaign financing and
incompatibility of office.
May establish standards, requirements, and
procedures, including compensation, terms
and conditions of employment for personnel.
See Cal. Const. art, XI, § 5(b).
Procedures set forth in Meyers-Milias-Brown
Act (Cal, Gov't Code § 3500) apply, but note,
"[T]here is a clear distinction between the
substance of a public employee labor issue
and the procedure by which it is resolved.
Thus there is no question that 'salaries of
local employees of a charter city constitute
municipal affairs and are not subject to
general laws."' Voters for Responsible
Retirement v. Board of Supervisors, 8
Cal.4th 765, 781 (1994).
Cannot require employees be residents of
the city, but can require them to reside within
a reasonable and specific distance of their
place of employment. Cal. Const. art. XI,
section 10(b).
Full authority to contract consistent with
charter.
May transfer some of its functions to the
county including tax collection, assessment
collection and sale of property for non-
payment of taxes and assessments. Cal.
Gov't Code §§ 51330, 51334, 51335.
Characteristic I General Law City I I Charter City
Public Contracts
Payment of Prevailing
Wages
Competitive bidding required for public works
contracts over $5,000. Cal. Pub, Cont. Code
§ 20162. Such contracts must be awarded to
the lowest responsible bidder. Pub. Cont.
Code § 20162. If city elects subject itself to
uniform construction accounting procedures,
less formal procedures may be available for
contracts less than $100,000, See Cal. Pub.
Cont. Code §§ 22000, 22032.
Contracts for professional services such as
private architectural, landscape architectural,
engineering, environmental, land surveying,
or construction management firms need not
be competitively bid, but must be awarded
on basis of demonstrated competence and
professional qualifications necessary for the
satisfactory performance of services. Cal.
Gov't Code § 4526.
In general, prevailing wages must be paid on
public works projects over $1,000. Cal. Lab.
Code § 1771. Higher thresholds apply
($15,000 or $25,000) if the public entity has
adopted a special labor compliance program.
See Cal. Labor Code § 1771.5(a) -(c).
Page 7 of 18
Not required to comply with bidding statutes
provided the city charter or a city ordinance
exempts the city from such statutes, and the
subject matter of the bid constitutes a
municipal affair. Pub. Cont. Code § 1100.7;
see R & A Vending Services, Inc. v. City of
Los Angeles, 172 Cal. App. 3d 1188 (1985);
Howard Contracting, Inc. v. G.A. MacDonald
Constr. Co., 71 Cal, App. 4th 38 (1998).
Historically, charter cities have not been
bound by state law prevailing -wage
requirements so long as the project is a
municipal affair, and not one funded by state
or federal grants. Vial v. City of San Diego,
122 Cal. App. 3d 346, 348 (1981). However,
there is a growing trend on the part of the
courts and the Legislature to expand the
applicability of prevailing wages to charter
cities under an analysis that argues that the
payment of prevailing wages is a matter of
statewide concern. The California Supreme
Court currently has before them a case that
will provide the opportunity to decide
whether prevailing wage is a municipal affair
or whether it has become a matter of
statewide concern.
ATTA('.HAAFNT 9
Characteristic
General Law City
Charter City
Finance and Taxing Power
May impose the same kinds of taxes and
Have the power to tax.
assessment as charter cities. See Cal, Gov't
Code § 37100.5.
Have broader assessment powers than a
general law city, as well as taxation power as
Imposition of taxes and assessments subject
determined on a case -by case basis.
to Proposition 218. Cal. Const. art.XIIIC.
Imposition of taxes and assessments subject
Examples of common forms used in
to Proposition 218, Cal. Const. art. XIIIC, §
assessment district financing include:
2, and own charter limitations
• Improvement Act of 1911. Cal. Sts.
May proceed under a general assessment
& High. Code § 22500 et seq..
law, or enact local assessment laws and
then elect to proceed under the local law.
• Municipal Improvement Act of 1913.
See J.W. Jones Companies v. City of San
See Cal. Sts. & High. Code §§
Diego, 157 Cal. App. 3d 745 (1984).
10000 et seq..
May impose business license taxes for any
• Improvement Bond Act of 1915. Cal.
purpose unless limited by state or federal
Sts. & High. Code §§ 8500 et seq.,
constitutions, or city charter. See Cal. Const.
art. XI, § 5.
• Landscaping and Lighting Act of
1972. Cal. Sts, & High. Code §§
May impose real property transfer tax; does
22500 et seq..
not violate either Cal. Const art. XIIIA or
California Government Code section 53725.
• Benefit Assessment Act of 1982.
See Cohn v. City of Oakland, 223 Cal. App.
Cal. Gov't Code §§ 54703 et seq..
3d 261 (1990); Fielder v. City of Los
Angeles, 14 Cal, App. 4th 137 (1993)..
May impose business license taxes for
regulatory purposes, revenue purposes, or
both. See Cal. Gov't Code § 37101.
May not impose real property transfer tax.
See Cal. Const. art. XIIIA, § 4; Cal. Gov't
Code § 53725; but see authority to impose
documentary transfer taxes under certain
circumstances. Cal. Rev. & Tax. Code §
11911(a), (c).
Streets & Sidewalks
State has preempted entire field of traffic
State has preempted entire field of traffic
control. Cal. Veh. Code § 21.
control. Cal. Veh. Code § 21.
Penalties & Cost Recovery
May impose fines, penalties and forfeitures,
May enact ordinances providing for various
with a fine not exceeding $1,000. Cal. Gov't
penalties so long as such penalties do not
Code §36901.
exceed any maximum limits set by the
charter. County of Los Angeles v. City of Los
Angeles, 219 Cal. App. 2d 838, 844 (1963).
Page 8 of 18
ATTArHAAFNT
Characteristic
General Law City
Charter City
Public Utilities/Franchises
May establish, purchase, and operate public
May establish, purchase, and operate public
works to furnish its inhabitants with electric
works to furnish its inhabitants with electric
power. See Cal. Const. art. XI, § 9(a); Cal.
power. See Cal. Const, art. XI, § 9(a); Cal.
Gov't Code § 39732; Cal. Pub. Util. Code §
Apartment Assn v. City of Stockton, 80 Cal.
10002.
App. 4th 699 (2000).
May grant franchises to persons or
May establish conditions and regulations on
corporations seeking to furnish light, water,
the granting of franchises to use city streets
power, heat, transportation or
to persons or corporations seeking to furnish
communication services in the city to allow
light, water, power, heat, transportation or
use of city streets for such purposes. The
communication services in the city.
grant of franchises can be done through a
bidding process, under the Broughton Act,
Franchise Act of 1937 is not applicable if
Cal. Pub. Util. Code §§ 6001-6092, or
charter provides. Cal. Pub. Util. Code §
without a bidding process under the
6205.
Franchise Act of 1937, Cal. Pub. Util. Code
§§ 6201-6302.
Zoning
Zoning ordinances must be consistent with
Zoning ordinances are not required to be
general plan. Cal. Gov't Code § 65860.
consistent with general plan unless the city
has adopted a consistency requirement by
charter or ordinance. Cal. Gov't. Code §
65803.
Page 9 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
http.//www, cacities. org/chartercities
Foundational aspects of charter cities
What is the Constitutional Framework for Charter Cities?
Article XI, section 3(a) of the California Constitution authorizes the adoption of a city
charter and provides such a charter has the force and effect of state law. Article XI,
section 5(a), the "home rule" provision, affirmatively grants to charter cities supremacy
over "municipal affairs." However, the California Constitution does not define the term
"municipal affair."
What are "Municipal Affairs?"
The home rule provision of the California Constitution authorizes a charter city to
exercise plenary authority over municipal affairs, free from any constraint imposed by the
general law and subject only to constitutional limitations. See Cal. Const. art. XI § 5(a);
Ex Parte Braun, 141 Cal. 204, 209 (1903); Bishop v. City of San Jose, 1 Cal. 3d 56, 61
(1969); Comm. of Seven Thousand v. Super. Ct. (City of Irvine), 45 Cal.3d 491 (1988).
How Do the Courts Distinguish Between Municipal and Statewide Concerns?
Whether a given activity is a municipal affair over which a city has sovereignty, or a
statewide concern, over which the legislature has authority,, is a legal determination for
the courts to resolve. Thus, the determination of whether a given activity is a municipal
affair or statewide concern is done on a case-by-case basis. The court's determination
will depend on the particular facts and circumstances of each case. See In Re Hubbard,
62 Cal. 2d 119, 128 (1964). Keep in mind that the concept of "municipal affairs" is a fluid
one that changes over time as local issues become statewide concerns. See Issac v.
City of Los Angeles, 66 Cal. App. 4th 586 (1998).
What Activities Have the Courts Classified As Municipal Affairs?
There are some areas that the courts have consistently classified as municipal affairs.
Examples include the following:
e Municipal Election Matters. See Mackey v. Thiel, 262 Cal. App. 2d 362 (1968).
Procedures for Initiative, Referendum and Recall. See Lawing v. Faul, 227 Cal.
App. 2d 23, 29 (1964).
• Procedures for Adopting Ordinances. See Brougher v. Board of Public Works,
205 Cal. 426 (1928).
Compensation of City Officers and Employees. Cal. Const. art. XI, § 5(b); See
Sonoma County Organization of Public Employees v. County of Sonoma, 23 Cal,
3d 296 (1979); but see San Leandro Police Officers Association v. City of San
Leandro, 55 Cal. App. 3d 553 (1976) (labor relations is not a municipal affair;
Charter cities are subject to the Meyers-Milias Brown Act. Cal. Gov't Code §
3500.
Y Processes Associated with City Contracts. See First Street Plaza Partners v. City
of Los Angeles, 65 Cal. App. 4th 650 (1998); but see Domar Electric, Inc. v. City
of Los Angeles, 41 Cal. App. 4th 810 (1995) (state law establishing employment
policy may preempt local regulation of bidding criteria).
Page 10 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
http://www. cacities. orq/chartercities
• Financing Public Improvements. See City of Santa Monica v. Grubb, 245 Cal.
App. 2d 718 (1996).
• Making Charitable Gifts of Public Funds for Public Purposes. See Cal. Const. art.
XVI, § 6; Tevis v. City and County of San Francisco, 43 Cal. 2d 190 (1954).
• Term Limits for Council Members. See Cawdrey v. City of Redondo Beach, 15
Cal. App. 4th 1212 (1993); but see Cal. Gov't Code § 36502(b) (regulating term
limits).
• Land Use and Zoning Decisions (with a few exceptions). See Brougher v. Bd. of
Pub, Works, 205 Cal: 426 (1928).
What Activities Have the Courts Classified as Statewide Concerns?
The following.have consistently been classified by the courts as matters of statewide
concern:
• School Systems. Whisman v. San Francisco Unified Sch. Dist., 86 Cal, App. 3d
782, 789 (1978).
• Traffic and Vehicle Regulation. Cal. Veh. Code § 21.
• Licensing of Members of a Trade or Profession. City and County of San
Francisco v. Boss, 83 Cal. App. 2d 445 (1948).
• Tort Claims Against a Governmental Entity. Helbach v. City of Long Beach, 50
Cal. App. 2d 242, 247 (1942).
• Open and Public Meetings. Ralph M. Brown Act. Cal. Gov't Code §§ 54951,
54953(a).
• Exercise of the Power of Eminent Domain. Wilson v Beville, 47 Cal. 2d 852, 856
(1957).
Page 11 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
http.-Ilwww, ca cities. org/chartercities
What is a charter?
A city charter is a unique document that, in many ways, acts like a constitution for the
city adopting it. It can only be adopted, amended or repealed by a majority vote of a
city's voters. The primary advantage of a charter is that it allows greater authority for a
city's governance than that provided by state law. For example, a city may tailor its
organization and elective offices, taking into account the unique local conditions and
needs of the community.
A charter transfers the power to adopt legislation affecting municipal affairs from the
state legislature to the city adopting it. A city operating under a charter can acquire full
control over its municipal affairs. These affairs are unaffected by the general laws
passed by the state legislature on the same subject matters. This, in effect, gives the
local voters more control over their local government and the affairs of the city.
However, a city operating under a charter is still subject to the general laws, as passed
by the state legislature, on affairs that are not municipal in nature, and are of statewide
concern (e.g., California Vehicle Code).
It is the scope of the term "municipal affairs" that provides the opportunity for uncertainty.
No easy analytical test exists. The threshold issue is whether there is a conflict between
state law and a charter city enactment. The next issue is whether the state regulation
addressed an issue of "state wide concern." Courts analyze these conflicts on a case-
by-case basis.
Page 12 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities,
http:11www. cacities. org/chartercities
What is in a charter?
While a city charter is not required to have any particular provisions in it, a city will often
reserve for itself the greatest amount of power it can when it adopts a charter. To
accomplish this goal, the charter must include a declaration that it is the intention of the
city to avail itself of the full power provided by the state constitution to charter cities.
However, the city is not required to extend the breadth of its charter any further than it
wishes.
Some of the" common areas that are explicitly regulated in a charter are:
• The date and conduct of city elections;
• Regulations on the appointment of municipal officials;
• The terms and payment of municipal officials;
• The process for removal of municipal officials;
• Form of government;
• Budget adoption;
• The number, pay, qualifications, and appointment of deputies, clerks, and other
employees that each municipal officer will have;
• Sub -government in all or part of the city;
• The tenure of office for deputies, clerks, and other employees;
• The process for removal of such deputies, clerks, and other employees; and
• The constitution, regulation, and government of the local police force.
A number of California cities' charters are available online. The National Civic League
also has a model charter project.
Page 13 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
http://www. cacities. orp/chartercities
Process used to adopt a charter
There are two ways to draft and adopt a city charter. The first is to elect a charter
commission. The commission then has the responsibility of debating over the provisions
and the drafting of the charter. The other alternative allows the governing board of the
city, on its own motion, to draft the charter. In either case, the charter is not adopted by
the city until it is ratified by a majority vote of the city's voters.
When using the charter commission approach, the first step is to elect the commission.
The vote to elect a charter commission is called for by either a majority vote of the city's
governing body or by a petition signed by not less than fifteen percent of the registered
voters within the city. If the formation of a charter commission is requested by a petition,
the authority in charge of the city's registration records must verify the signatures on the
petition. The expense of this verification must be paid for by the city's governing board.
If the petition is verified, the city's governing board must call for an election in
accordance with sections 1000 and 10403 of the California Elections Code. See Cal.
Gov't Code section 34452'.
Once it has been decided that a charter commission election will take place, candidates
for commissioners must be nominated. Candidates for the office of charter
commissioner are nominated either in the same manner as officers of the city or by
petition. A candidate for charter commissioner must be a registered voter of the city.
After the election of commissioners, any vacancy on the commission will be filled by a
mayoral appointment. See Cal. Gov't Code section 34452.
At an election for charter commission members, the voters will vote first on the following
question: "Shall a charter commission be elected to propose a new charter?" After
voting on this question, the voters will then vote for the charter commission candidates.
If a majority of the voters vote for the formation of a charter commission, then the top
fifteen candidates for the office of charter commissioner will be organized as the city's
charter commission. No commission will be formed if a majority of voters vote against
the election of a charter commission. See Cal. Gov't Code section 34453.
Once formed, the charter commission will have the responsibility of developing the city's
charter. After a simple majority of commissioners have decided that the proposed
charter is appropriate, they file the charter with the city's clerk in preparation for a vote by
the city's electorate. See Cal. Gov't Code section 34455. However, instead of sending
the whole charter at once, periodically the commission may send portions of the charter
to the city's electorate for a vote. See Cal. Gov't Code section 34462.
After the charter (or portions of it) has been filed, it must be copied in type greater than
10 point and either mailed to all the voters of the city or made available to those citizens
who wish to review it before the election. The city may show the difference between
existing provisions of law and the new charter through the use of distinguished type
styles, but this is not required. See Cal. Gov't Code section 34456.
After the charter has been filed with the city clerk, the city's governing board must decide
whether to call a special election or to wait until the next established municipal election
to submit the charter to the voters. If the city's governing board determines that a
Page 14 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
http,//www. cacities. oMlchartercities
special election should be held, then they must call for that special election within 14
days of the charter being filed. The special election must be set at least 95 days after
the date from which the special election was called. See Cal. Gov't Code section 34457.
In any case, the charter commission must send the charter to the voters within two years
of the vote that formed the commission. Upon the expiration of the two-year time period,
the commission is abolished. See Cal. Gov't Code section 34462.
The alternative to electing a charter commission is to have the city's governing board
develop and draft the charter. An election to decide on the adoption of a charter may be
called by initiative or the city council. See Cal. Const. art. XI, § 3. On its own motion, the
city's governing board may propose a charter and submit it to the voters for adoption.
See Cal. Gov't Code section 34458. With this option, the governing board can call a
special election or allow the charter to be voted on at any established election date, as
long as that election date is at least 88 days after the proposed charter was filed with the
city clerk. See Cal. Gov't Code section 34458. As a practical matter, an election may
have to be called sooner than 88 days before the election in order to meet certain notice
and ballot printing deadlines.
In either case, the majority of voters must vote in favor of the proposed charter for it to
be ratified. The charter will not go into effect until it has been filed and accepted by the
Secretary of State. See Cal. Gov't Code section 34459. After a charter is approved by a
majority vote of the voters, the mayor and city clerk shall certify that the charter was
submitted to the voters of the city and that it was approved by a majority vote. See Cal.
Gov't Code section 34460. One copy of the approved charter shall be filed with the
County Recorder's office and one shall be kept in the City's archive. See Cal. Gov't Code
section 34460. A third copy of the charter must be submitted to the Secretary of State
with (1) copies of all publications and notices in connection with the calling of the
election, (2) certified copies of any arguments for or against the charter proposal which
were mailed to the voters; (3) a certified abstract of the vote at the election on the
charter. See Cal. Gov't Code section 34460.
Page 15 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
http.1vvww. cecities. ori/chadercities
How to amend or repeal a charter.
If a citizens group, or the city's governing body, wishes to amend or repeal a portion of
the city's charter, the steps remain largely the same as they are for drafting a charter.
There are, however, two notable exceptions. First, the petition calling for the repeal or
amendment needs only ten percent of the electorate's signatures, instead of the
previous fifteen percent. See Cal. Elec. Code sections 9215 and 9255. The other
notable difference has to do with the charter itself. A city charter may establish different
rules for the municipal elections process than those laid out by the state legislature in the
Elections Code. If this is the case, the city's charter will govern the elections process
used to appeal or amend the city's charter, instead of the general laws laid out in the
Elections Code.
Page 16 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
hUp.-Ilwww. cacities. oachartercities
Charter Cities
Adelanto
Lemoore
Alameda
Lindsay
Albany
Loma Linda
Alhambra
Long Beach
Anaheim
Los Alamitos
Arcadia
Los Angeles
Bakersfield
Marina
Bell
Marysville
Berkeley
Merced
Big Bear Lake
Modesto
Buena Park
Monterey
Burbank
Mountain View
Carlsbad
Napa
Cerritos
Needles
Chico
Newport Beach
Chula Vista
Norco
Compton
Oakland
Culver City
Oceanside
Cypress
Oroville
Del Mar
Pacific Grove
Desert Hot Springs
Palm Desert
Dinuba
Palm Springs
Downey
Palmdale
EI Centro
Palo Alto
Eureka
Pasadena
Exeter
Petaluma
Folsom
Piedmont
Fortuna
Placentia
Fresno
Pomona
Gilroy
Port Hueneme
Glendale
Porterville
Grass Valley
Rancho Mirage
Hayward
Redondo Beach
Huntington Beach
Redwood City
Indian Wells
Richmond
Industry
Riverside
Inglewood
Roseville
Irvine
Sacramento
Irwindale
Salinas
King City
San Bernardino
Kingsburg
San Diego
Lancaster
San Francisco
La Quinta
San Jose
Page 17 of 18
ATTACHMENT
Information from the nonpartisan California League of Cities:
San Leandro
San Luis Obispo
San Marcos
San Mateo
San Rafael
San Ramon
Sand City
Santa Ana
Santa Barbara
Santa Clara
Santa Cruz
Santa Maria
Santa Monica
Santa Rosa
Santee
Seal Beach
Shafter
Total Cities; 120
http.//www. caciiies. oi�.g/chartercities
Signal Hill
Solvang
Stockton
Sunnyvale
Temple City
Torrance
Truckee
Tulare
Vallejo
Ventura
Vernon
Victorville
Visalia
Vista
Watsonville
Whittier
Woodlake
Page 18 of 18
ATTACHMENT
Timeline of Events for Creating Proposed Charter
Before Costa Mesa residents can vote on whether their municipality should
become a charter city, state law requires a three-month public hearing process
so the issue can be thoroughly vetted by the public.
Here is the relevant text from the state law:
Prior to approving the submission to the voters of a proposal to adopt a charter, the
governing body shall hold at least two public hearings on the matter of the proposal of a
charter and the content of the proposed charter. Notice of the public hearings shall be
given by publication pursuant to Section 6066, in a newspaper designated by the
governing body and circulated throughout the city, and by posting the notice in three
public places within the jurisdiction at least 21 calendar days prior to the date of each
public hearing. The second public hearing shall be held at least 30 days after the first
public hearing. At least one of the public hearings shall be held outside of normal
business hours to facilitate public participation. The governing body shall not conduct a
vote on whether to approve the submission to the voters of the proposal to adopt a
charter until 21 days after the second public hearing.
[Cal. Gov. Code 34458(b) (effective on January 1, 2012)]
Between December 6, 2011 and Feb. 28, 2012, the City of Costa Mesa will hold
a series of City Council meetings, study sessions, informational town hall
meetings, and mandatory hearings (pursuant to state statute) to provide
information and receive input on the proposed charter.
The City will also provide on its website and through other information outlets
information about the potential charter and the process of getting it on the ballot
for the June 5, 2012 election.
Below is the tentative schedule of meetings, study sessions, town hall meetings,
and mandatory hearings.
Dec. 6, City Council meeting: Report on possible City charter, including
introduction to what's a charter, pros and cons of becoming a charter city,
and procedure for being a charter city (including proposed timeline); first
draft of the charter will be presented and discussed; public comment will
be taken.
Dec. 13, deadline for notice posted for the mandatory First Hearing of
proposed charter on Jan. 3, 2012.
Jan. 3, City Council meeting (First Hearing): The City Council will look at
potential provisions to include in a charter for Costa Mesa, take public
comment and may vote on a first draft of a charter, which can be edited by
the council throughout the process.
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ATTACHMENT
Jan. 10, Town hall meeting on charter: City of Costa Mesa will present
information on the charter and charter process.
Jan. 17, deadline for notice posted for the mandatory Second Hearing of
. proposed charter on Feb. 7, 2012.
Jan. 24 and/or Jan. 31, Potential town hall meetings on charter: If needed,
the City of Costa Mesa will present information on the charter and charter
process.
Feb. 7, City Council meeting (Second Hearing): City Council will receive public
comment and may continue to hone the draft charter toward completion.
Feb. 14, Potential town hall meetings on charter: If needed, the City of Costa
Mesa will present information on the charter and charter process.
Feb. 28, SPECIAL MEETING to vote upon resolution directing that the
Charter be submitted to the Voters: This is the earliest date in which
Council may adopt a resolution directing the charter to be submitted to the
voters.
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