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HomeMy WebLinkAbout- - Proposed City Charter Attachment 1 - 6/5/2012ATTACHMENT 1 CHARTER OF THE CITY OF COSTA MESA WE THE PEOPLE of the City of Costa Mesa, California, ("City") declare our intent to restore to our community the historic principles of self -governance inherent in the doctrine of home -rule. We believe that fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government, that ethics and integrity are the foundation of public trust, that the rule of law must be followed, and that just governance is built upon these values. We declare our intent to enact and adopt this Charter for the City of Costa Mesa in our firm conviction that the economic and fiscal independence of our local government will better serve and promote the health, safety, and welfare of all the citizens of this City. It is incumbent upon those who govern and make decisions for, and on behalf, of the City of Costa Mesa to legally, as well as morally, abide by the provisions of this Charter in order to assure the continued success and well-being of our 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; Boundaries 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 existing 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effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority.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 Constitutionally, statutorily and judicially defined laws 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. Page 1 of 9 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 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 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 Chief Executive Officer ("CEO") 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 known 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 municipal election results are certified. The term of service for both Mayor and Mayor Pro Tempore shall be for a period of two (2) years from the effective 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. A candidate for City Council must meet qualifications as set forth in the general laws of the State, as applicable and as may be amended and recodified. The members of the City Council shall not be eligible to any hold any other office or employment with the City during the period of their term of service, and for a period of one year following the termination of their position on the City Council. Page 2 of 9 Section 202. Time and Place of Meetings; Rules of Conduct of Proceedings The City Council shall provide by ordinance or resolution for the time and place of holding its meetings. Special and emergency meetings shall be called in accordance with the provisions of general laws of the State of California. 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. 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 CEO 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 (4) 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 CEO shall be the administrative head of the City government. The duties of the City CEO 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 California Supreme Court, and who has been in actual practice therein for at least three (3) 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. Page 3 of 9 Section 205. Interference With Performance of Duties of City CEO No member of the City Council shall in any manner attempt to influence or coerce the City CEO 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, and its members, shall deal with the administrative functions of the City only through the City CEO, except for the purpose of inquiry to senior managers, and neither the City Council, nor any member thereof, shall give direct orders to any subordinates of the City CEO. 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. Article 3 Legislative Authority Section 300. Ordinances The City Council shall act by ordinance, resolution, or motion. Except as otherwise stated herein, ordinances shall be passed pursuant to the California Government Code and in accordance with any other applicable law, as may be amended and recodified. All ordinances shall have two readings in which the first reading shall occur at a regularly scheduled City Council meeting or at an adjourned regular City Council meeting, 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. Further, no ordinance shall be effective until at least 30 days after its final adoption, 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. 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 Clerk. 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 an amount set by ordinance of the City Council 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 Page 4 of 9 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. Section 301. General Plan Consistency Pursuant to the general laws of the State, as may be amended or recodified, zoning ordinances adopted by the City Council shall be consistent with the General Plan of the City. A zoning ordinance shall be consistent with a City general plan only if both of the following conditions are met: (1) The City has officially adopted such a plan. (2) The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan. 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, equipment, and supplies of any kind, which is 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. 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, by ordinance or resolution, 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 resolution or Page 5 of 9 ordinance, 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 a prevailing wage schedule unless: a prevailing wage schedule 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; the project is considered by the City Council, by resolution, not to be a municipal affair of the City; or payment of a prevailing wage schedule is authorized by resolution of the City Council. Payment of a prevailing wage schedule, if authorized hereunder, shall be determined by consulting 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 Public Works Contracts and Other Public Contracts. Section 402. Miscellaneous Provisions Relating to Appropriations Upon the request of the City CEO, 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 fund otherwise unappropriated may be appropriated by the City Council at any time by resolution. Section 403. Prohibition against Property Transfer Tax There shall be no transaction tax, sales tax, or any other kind of tax imposed upon any sale, grant, transfer, assignment, or otherwise conveyance of real property from one party, or parties, to another party, or parties, within the City. This section does not affect any existing "Documentary Transfer Tax" as described in Part 6.7 (commencing with section 11901) of Division 2 of the Revenue and Taxation Code of the State of California, as may be amended or recodified. 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 State government. Page 6 of 9 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 State government, unless and until funds sufficient for the performance of such function are provided by said mandating authority. Article 6 General Laws Section 600. General Law Powers 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 may be amended and recodified, 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 Upon 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 an amendment to this section. Section 603. Voluntary Participation in Employee Organizations Pursuant to California Government Code Section 3502, as may be amended or recodified, City employees shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. Section 604. Voluntary Municipal Employee Political Contributions Unless otherwise required by law, a City employee labor union, City contractor, City employer, or City employee association ("Organization") may only make expenditures for political activities if the Organization establishes a separate segregated fund that meets the requirements of this section. The Organization shall ensure that: (a) In Page 7 of 9 soliciting contributions for the fund, 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 fund and will be expended for political activities; (b) Any fees or dues collected from the members of the Organization are not used for political activities, transferred to the fund, or intermingled in any way with fund moneys; (c) The cost of administering the fund is paid from fund contributions and not from any of the fees or 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 or employee; (e) The solicitations are written and mailed, by the U.S. Postal Service, to the residence of the member or employee; (f) The Organization shall not exceed two written solicitations for the fund per calendar year; and, (g) The solicitations are designed such that the Organization is in compliance with California Government Code Section 84304, as may be amended or recodified. The Organization has the burden of proof to establish that the requirements above are met. Article 7 Elections Section 700. General Municipal Elections General municipal elections for the election of officers and for such other purposes as the City Council may prescribe shall be held in the City in accordance with the provisions of California Elections Code, Government Code, and any other applicable law, as may be amended or recodified. Section 701. Special Municipal Elections All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 702. Procedure for Holding Elections Unless otherwise provided by ordinance here -after enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California and any other applicable law, as may be amended or recodified, for the holding of municipal elections so far as the same are not in conflict with this charter. Section 703. Initiative, Referendum, and Recall There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as may be amended or recodified, governing the initiative, referendum and the recall of Council Members, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Page 8 of 9 Article 8 Interpretation Section 800. 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 801. 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 9 Amendment Section 900. 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 City Council. Section 901. Review of the Charter The City Council shall hold a public hearing during the second meeting of every tenth year after this Charter is adopted to determine if a Charter Review Commission is needed to review the City Charter, and report to the City Council suggested amendments, if any, for consideration and possible action. This section in no way limits the provisions of Section 900. AUTHENTICATION AND CERTIFICATION Authenticated and certified to be a true copy by Mayor and City Clerk Date of Municipal Election: ATTEST: Mayor City Clerk Page 9 of 9