HomeMy WebLinkAbout- - 2nd PH Redacted - 7/10/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: July 10, 2012
ITEM NUMBER: 1
SUBJECT: PUBLIC HEARING TO CONSIDER CONTENT OF PROPOSED CHARTER AND
SUBMISSION OF PROPOSED CHARTER TO VOTERS
DATE: JULY 6, 2012
FROM: CITY ATTORNEY'S OFFICE
CITY CLERK'S OFFICE
PRESENTATION BY: CITY ATTORNEY'S OFFICE
FOR FURTHER INFORMATION CONTACT: Christine Cordon, Acting Deputy City Clerk,
(714) 754-5121
RECOMMENDATION:
Conduct a public hearing on the proposed City charter for Costa Mesa, receive
community comments and suggestions, and provide direction on any changes to the
proposed charter (Attachment 1).
BACKGROUND:
In the fall of 2011, the City Council asked the City Attorney to research the benefits and
variations of a charter form of city government, which would shift control over strictly
municipal affairs from Sacramento to Costa Mesa.
Using an initial draft of the proposed charter as a starting point, the City sought
comments on the charter through various media outlets; through public comments at
the December 6, 2011 and January 3, 2012 City Council meetings; and at a charter
informational meeting held at the Costa Mesa Neighborhood Community Center (NCC)
on January 5, 2012. The proposed charter resulting from this process was originally
approved for placement on the June 5, 2012 ballot. However, due to a clerical error in
the City Clerk's office, the proposed charter was not placed on the ballot.
Staff was asked to restart the process of placing a proposed charter on the November
6, 2012 ballot. On June 5, 2012, the City Council held its first public hearing regarding
the proposed charter, and directed staff to make changes to the proposed charter
(Attachment 1).
ANALYSIS:
The City Council directed staff and the City Attorney to make certain revisions to the
proposed charter during its public hearing on June 5, 2012; Attachment 1 is the current
draft of the proposed charter and reflects those revisions and changes. Mayor Bever
also directed the City Attorney to draft language regarding the creation of an
"Infrastructure Fund," as reflected in Attachment 2.
According to the anticipated timeline of events, the decision on whether to place the
proposed charter on the November ballot will be made on July 31, 2012 at a special
City Council meeting.
ALTERNATIVES CONSIDERED:
Council may choose to direct staff and the City Attorney to discontinue the process of
placing a proposed charter on the November 6, 2012 ballot.
FISCAL REVIEW:
Whether a proposed charter is placed on the November ballot, in the normal course of
business, the City would consolidate its scheduled city elections with the statewide
election in November. If placed on the November 2012 ballot, the County of Orange
Registrar of Voters estimates the cost of the consolidated election with only the charter
measure to be in the range of $78,500 to $97,500. The overall cost will increase if the full
charter is to be printed in the sample ballot.
LEGAL REVIEW:
The City Attorney's office has prepared this report and its attachments.
CONCLUSION:
Council is requested to hold its second public hearing on the proposed City charter for
Costa Mesa and receive comments and suggestions from members of the community, as
well as provide direction on any changes to the second draft of the proposed charter.
OM HATCW THOMAS P. U RTE
City Chief Executive Officer City Attorney
DISTRIBUTION: City CEO
City Attorney
City Clerk
Staff
ATTACHMENTS: 1 2nd Draft of the Proposed Charter (clean & redlined draft)
2 Proposed Language Regarding an Infrastructure Fund
3 Comments and Suggestions Submitted to the City Council
from June 23 through June 29, 2012
4 Staff Report and Attachments for the June 5th Public Hearing
to Consider the Content of Proposed Charter and
Submission of Proposed Charter to Voters
ATTACHMENT 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
those established by the Constitutionally, statutorily and judicially defined laws of the
State of California, is hereby declared to be a municipal affair, the performance of which
is unique to the benefit of the citizens of the City of Costa Mesa.
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ATTACHMENT 1
Section 103. General Powers; Seal
The City of Costa Mesa, by and through its legislative body and other elected or
appointed City officials, as may be applicable, 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
(a) 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 Member."
(b) Term Limits
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.
(c) Mayor and Mayor Pro Tempore
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.
(d) Selection of Council Member and Terms
The Council Members' terms shall be staggered in the manner existing at the time of
the adoption of this Charter. Each 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 his or her
successor is elected and qualified. For the first general municipal election following the
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ATTACHMENT 1
adoption of this Charter, the two candidates receiving the most votes shall be seated in
place of the Council Members whose terms would be expiring. In the next general
municipal election thereafter, the three candidates receiving the most votes shall be
seated in place of the Council Members whose terms would be expiring. This sequence
shall continue at each general municipal election thereafter until changed by a vote of
the people.
(e) Qualifications
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.
(f) Ineligibility to hold Other Office or Employment with the City
The members of the City Council shall not be eligible to hold any other office or
employment with the City during the period of their term of service, and members of the
City Council shall not be eligible to hold any employment with the City 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 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.
Rules regarding meeting locations, notice and conduct of meetings of the City Council
and all subordinate legislative bodies in the City shall comply with all State laws and
such rules for procedure as are established by ordinance of the City Council.
Section 203. Administrative Officers; Appointment and Removal; Grounds
(a) Administrative Officers
The following administrative officers are hereby established, each of whom shall be
appointed by the City Council: a City CEO and a City Attorney.
(b) Appointment and Removal of Administrative Officers
Administrative Officers shall be appointed and removed pursuant to general law.
Section 204. Administrative Officers; Qualifications and Duties
(a) City CEO
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.
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ATTACHMENT 1
(b) City Attorney
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 shall have been in actual practice for at least three (3)
years immediately prior to his or her 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, shall draft or approve all contracts
and other legal documents and instruments, and shall perform such other duties as are
established by ordinance.
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, or any of
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 within the
third degree by consanguinity or marriage with such Council Member or other elected or
appointed City officer.
Article 3
Legislative Authority
Section 300. Ordinances
The City Council shall act by ordinance, resolution, or by minute order. Except as
otherwise stated herein, ordinances and resolutions shall be adopted pursuant to the
California Government Code and in accordance with any other applicable law, as may
be amended and recodified.
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 or
resolution. All ordinances and resolutions shall be signed by the Mayor and attested by
the City Clerk.
The enacting clause of all ordinances, except those enacted by vote of the people, shall
be, "The City Council of the City of Costa Mesa does ordain as follows". All ordinances,
Page 4 of 11
ATTACHMENT 1
with the exception of the annual appropriations 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 are 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. However, in the case where a State or federal agency has imposed a
civil fine or penalty upon the City for violations of statutes or regulations adopted by the
State or federal government, to the extent that such violations are caused by the actions
of a person(s), entity(ies), or organization(s) in violation of those same statutes or
regulations, the City may recover any costs or expenses related to the civil fine or
penalty imposed upon the City from such person(s), entity(ies), or organization(s). The
amount the City may recover includes, but is not limited to, the cost of the civil fine or
penalty itself in addition to any associated attorneys' fees and costs. The maximum
amount of any civil fines or penalties shall not be limited to any 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.
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
(a) Definitions
(1) "Municipal 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.
(2) "Other Municipal 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.
(b) Exemption from the Public Contracts Code
The City is exempt from the provisions of all California statutes regulating public
contracting and purchasing insofar as such contracting and purchasing are solely within
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ATTACHMENT 1
local control and are municipal affairs, except as provided by this Charter, City
ordinance, or by agreement approved by the City Council.
(c) Annual Value of Exempted Contracts
Annually, the City Council shall set a value at which Municipal Public Works Contracts
shall be exempt from formal public bidding and such contract awards shall follow such
procedures as set by ordinance or resolution of the City Council. Such procedures shall
include safeguards to ensure that the best value and quality of work is being obtained
for the City, and compliance with Government Code section 1090 and the California
Political Reform Act.
(d) Establishment of Procedures
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 Municipal Public Works Contract or Other Municipal Contract greater than the
annual value set by the City Council.
(e) Other Municipal Contracts
The City may, without exception, enter into Other Municipal Contracts. Other Municipal
Contracts shall follow such standards, procedures, rules, and regulations as set by
ordinance or resolution of the City Council.
(f) Prevailing Wages
No Municipal Public Works Contract or Other Public Contract shall require payment of a
prevailing wage unless:
(1) Prevailing wages are legally required to be paid by the requirements of
federal grants, State grants, or other federal or State law;
(2) The project is considered by the City Council, by resolution, not to be a
municipal affair of the City; OR
(3) Payment of prevailing wages is authorized by resolution of the City
Council. If payment of a prevailing wage is authorized hereunder, then a
prevailing wage schedule for municipal public works contracts shall be
established by City Council resolution or ordinance.
(g) Fair & Open Competition
The City shall promote fair and open competition for all City public works construction
projects so that all contractors and workers, whether union or non-union, are treated
equally in the bidding and awarding of Municipal Public Works Contracts and Other
Public Contracts.
(h) Contracting for Services
Page 6 of 11
ATTACHMENT 1
In determining whether to use the City's workforce for any public works construction or
to contract for such services, the sole considerations shall be quality of work and costs
savings to the City. No municipal law or rule shall require the use of employees rather
than contract providers for any service.
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 for 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 other conveyance of real property from one party,
or parties, to another party, or parties, within the City. This section does not affect
"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 it may be
amended or recodified.
Section 404. Prohibition against Gift of Public Funds
The City shall comply with the laws of the State of California that are applicable to
general law cities with respect to the prohibition against gifts of public funds.
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.
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
Page 7 of 11
General Laws
Section 600. General Law Powers
ATTACHMENT 1
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 as they apply to municipal
affairs.
Section 601. Council Member Compensation
Notwithstanding the previous paragraph, salary of the Mayor and Council Members will
continue to be limited in accordance with California Government Code §36516, as it
may be amended and recodified.
Section 602. Employee Retirement Benefits
Upon this Charter's adoption, no ordinance or resolution increasing any employee's,
legislative officer's 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 assent of the majority of the voters voting
upon such an ordinance at an election at which such an ordinance has been duly
submitted to the registered voters of the City.
Section 603. Voluntary Participation in Employee Organizations
Except as otherwise provided by the State Legislature, City employees shall have the
right to form, join, and participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of employer-employee
relations. City employees also 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 public agency.
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 for such
purposes ("Fund") that meets the requirements of this section. The Organization shall
ensure that: (a) In 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
(where "political activity" includes the espousal of a candidate or a cause, and some
degree of action to promote the acceptance thereof by other persons); (b) Any fees or
dues collected from the members of the Organization that are not used for political
activities, transferred to the Fund, or intermingled in any way with Fund moneys; (c) The
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ATTACHMENT 1
cost of administering the Fund is paid from Fund contributions and not from any of the
fees or dues collected for non-political purposes; (d) Each contribution is voluntary and
shall be made by the member or employee and may not be automatically deducted from
the member or employee's paycheck using the City's payroll system; and, (e) The
solicitations are designed such that the Organization is in compliance with California
Government Code Section 84304, as it may be amended or recodified.
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 scheduled pursuant to general law.
Section 701. Special Municipal Elections
All other municipal elections shall be known as special municipal elections, and shall be
scheduled pursuant to general law.
Section 702. Procedure for Holding All Elections
All elections shall be held in accordance with the provisions of the Elections Code of the
State of California and any other applicable general law, as may be amended or
recodified, for the holding of municipal elections.
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.
Article 8
Interpretation
Section 800. Construction and Interpretation
Except as otherwise provided by this Charter, 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
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ATTACHMENT 1
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
qualified voters 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 10 of 11
CHARTER
OF THE
CITY OF COSTA MESA
ATTACHMENT 1
(Redlined version)
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
.1 Deleted: of concem
Each of the responsibilities of governance set forth and described in this Charter, and kDeleted.9
ed: Font: Times New
those established by the Constitutionally, statutorily and judicially defined laws of the ed: Font: Times New
State of California, is hereby declared to be a municipal affair, _the _performance of which- -,,,-is unique to the benefit of the citizens of the City of Costa Mesa.
, Formatted: Font: Times New
of 11 -
Section 103. General Powers; Seal
The City of Costa Mesa, by and through its legislative body and other elected or
appointed City officials, as may be applicable, 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.
Deleted: ;
Section 201. Legislative Body-_ ---------------------------------------------------------
Formatted: Font: Not Bold,
(a) .Composition Underline
Formatted: None, Indent: Left:
The legislative body of the City shall consist of five (5) council members elected at 0.25"
large. This legislative body shall be known as the "City Council," and each of its Deleted: Members."
members shall be known as "Council Member."
(b) Term Limits
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.
(c) Mayor and Mayor Pro Tempore
The City Council shall choose one of its members as "Mayor" and one of its members
Deleted: Members shall be elected
as "Mayor Pro Tempore" at the meeting at which the municipal election results are
by the qualified voters of the City ata
certified. The term of service for both Mayor and Mayor Pro Tempore shall be fora
general municipal election. Their
period of two (2) years from the effective date of appointment.
r " Deleted: as
Deleted: They
(d) Selection of Council Member and Terms
Deleted: their successors are
elected, and qualified.
rmatted: Font: Times New
The Council embers' terms shall be staggered in the manner existing at the time of ;' ; " ;-je
-. _------------ _ ---- -
------------------------
the adoption of this Charter. ach shall hold office for the period of four years from and ;
:' /;rmatted: Font: Times New
after the date of certification of election results by the City Council, and until is or her;'
;';`, ed: s
Formatted: Font: Times New
page jqf=11-
successor is elected and qualified. For the first general municipal election following the
adoption of this Charter, the two candidates receiving the most votes shall be seated in
place of the Council Members whose terms would be expiring. In the nexteq neral
municipal election thereafter, the three candidates receiving the most votes shall be
seated in place of the Council Members whose terms would be expiring. This sequence
shall continue at each general municipal election thereafter until changed by a vote of
the people.
(e) Qualifications
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.
(f) Ineligibility to hold Other Office or Employment with the City
The members of the City Council shall not be eligible to ,hold any other office or
- - ------------- - -
employment with the City during the period of their term of service, and members of the
City Council shall not be eligible to hold any employment with the City 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 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.
pules regarding meeting locationsnotice.and conduct ot< meetings of the City Council
and all subordinate legislative bodies in the City shall co. mply_ with all State laws and
such rules for procedure as are established by ordinance of the City Council.
Section 203. Administrative Officers; Appointment and Removal; Grounds
(a) Administrative Officers
The following administrative officers are hereby established, each of whom shall be
appointed by the City Council: a City CEO and a City Attorney.
b ppointment and Removal of Administrative Officers
Administrative Officers shall be appointed and removed pursuant to general law.
Section 204. Administrative Officers; Qualifications and Duties
(a) City CEO
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.
— Deleted: any
Deleted: ¶
Fomtatted: None
Deleted: Meeting
Deleted: and rules for
Deleted: of,
Deleted: ,
Deleted: be conducted in
accordance
Formatted: None
Deleted: <#>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.¶
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oma
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oman
'Pagel f,11_ -p*
(b) City Attorney
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 shall have been in actual practice Jor at least three -(3)-
years
3)years jmmediately prior to his or her 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,,_shall_draft -or -approve all contracts
---------------------------------------
and
- - - - -
and other legal documents and instruments, and shall perform such other duties as are
established by ordinance.
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.
Deleted: who has
Deleted: therein
Deleted: next preceding
Deleted: and
Except for such direction that it provides to the City Attorney, the City Council, Pr any of _ , Deleted: 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 within the Deleted: connected by
third degree by consanguinity orparriage with such_ Council Member or other elected_ or .. Formatted: None
appointed Cit office fficer. ' , Formatted: None
Article 3
Legislative Authority
Section 300. Ordinances
The City Council shall act by ordinance, resolution, or ,?y .minute order._ Except as,, r
otherwise stated herein, ordinances and resolutions shall be d� opted pursuant_ to_ the
California Government Code and in accordance with any other applicable law, as may
be amended and recodified-
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 ordinancq, or
resolution. All ordinances and resolutions shall be signed by the Mayor and attested by
the City Clerk.
The enacting clause of all ordinances, except those enacted by vote of the people,
shall be, "The City Council of the City of Costa Mesa does ordain as follows". All
Deleted: motion.
Deleted: passed
Deleted: 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.
Z
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ordinances, with the exception of the annual g9propriations ordinance, shall contain but Deleted: appropriaticn
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 are 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,_ However, in the case where a State or federal agency¢ has imposed Deleted: provided, however, that
` - - - - ` `—`---------------------------
civil fine or penalty upon the City for violations of statutes or regulations adopted by,,�he any civil fines or penalties established
yany
is les or organizatiorVs) in violation of those same statutes or
State or federal oq vernment, to the extent that such violations are caused by the actions Deleted:, which can be
of a persorentit
regulations, the City may recover any costs or expenses related to the civil fine or Deleted: on
penalty imposed upon the City from such person(s), entity(ies), or organization(s). The
Deleted: that
amount the City may recover includes, but is not limited to, the cost of the civil fine or Fgency, may be imposed
Y - - - - - against any
Penalty itself in addition to any associated attorneys' fees and costs. The maximum ', amount of any civil fines or penalties shall not be limited toA r amounts established by . , ',.-------- ------- -
State law for criminal fines or penalties. Deleted; violating any City
., , '
Section 301. General Plan Consistency •, ordinance
Deleted: such State or federal law or
Pursuant to the general laws of the State, as may be amended or recodified, zoning regulation, in like
ordinances adopted by the City Council shall be consistent with the General Plan of the Deli:
Cit ----- Deleted: those
Formatted: None
,Article 4 . Deleted: Azoning ordinance shall
- ------------ --------------- ------------------------------- Matters 1• bey if both
of
a City general plan
only if both of the folbwing conditions
are met:
Section 400. Economic and Community Development •• Deleted: (1) The City has officially
adopted such a plan.¶
The City shall encourage, support, and promote economic development and community (2) The various land uses authorized
by the ordinance are compatible with
development in the City. the objectives, policies, general land
uses, and programs specified in the
.. ,',
Section 401. Purchasing and Contracts Plan.¶
Formatted: None
(a) _ efinitions
Formatted: None
Formatted: None
(1) "Municipal Public Works Contract," as used in this section, means an --,,,Deleted:"
agreement for the erection, construction, alteration, repair, or improvement Formatted: Indent: Left: 0.63"
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.
(2) "Other _ unici _al _Contract" as__used_ in _this _section means_ any contract,__ Deleted: Public
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.
(b) Exemption from the Public Contracts Code
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The City is exempt from the provisions of all California statutes regulating public
contracting and purchasing insofar as such contracting and purchasing are solely within
local control and are municipal affairs, except as provided by this Charter, City
ordinance, or by agreement approved by the City Council.
(c) Annual Value of Exempted Contracts
Annually, the City Council shall set a value at which Municipal Public Works Contracts
shall be exempt from formal public bidding and such contract awards shall follow such
procedures .asset _by_ ordinance or resolution of the City Council. Such procedures Deleted: for open market sale or
shall include safeguards to ensure that the best value and quality of work is being
purchase
obtained for the City, and compliance with Government Code section 1090 and the
California Political Reform Act.
(d) Establishment of Procedures
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 Municipal Public Works Contract or Other Municipal Contract greater than the Deleted: resolution or ordinance,
annual value set by the City Council, --------------------------------- including but not limited to, the
compensation rates to be paid for the
performance of such work
(e) Other Municipal Contracts
The City may, without exception, enter into Other Municipal Contracts. Other unici al Deleted: Public
Contracts shall follow such standards, procedures, rules, and regulations as set by Deleted: Public
ordinance or resolution of the City Council.
(f) Prevailing Wages
Deleted: Citv
A Deleted: schedule
No Municipal_ Public Works Contract or Other Public Contract shall require payment .9fa_ ; Deleted: a prevailing wage schedule
prevailing wage unless_.._ ._.. _.____-- _.-_____-. _-.____-- = IS
------- --------- -- ---
Deleted: and constitutionally
(1) Prevailing wages are legally required �o be paid _by the requirements_.of -, permitted
federal grants, State grants, or other federal or State law;
Deleted: imposed
Deleted: redevelopment law,
(2) The project is considered by the City Council, by resolution, not to be a -,,,,Deleted; the
municipal affair of the City; OR atted: Indent: Left: 0.75"
(3) Payment of prevailing wages is authorized by resolution of the City Deleted: or payment of a prevailingwage schedule is authorized by
Council. If payment of a prevailing wage is authorized hereunder, then a resolution of the City Council.
prevailin wage schedule for municipal public works contracts shall be Payment of a prevailing wage
g�q schedule, if authorized hereunder,
established by City Council resolution or ordinance. Shall be determined by consulting the
pertinent rates published by the State
of California.
(g) Fair & Open Competition
Deleted: will
The City shall _promote fair and open corn etition for all Cit .public works ccinstruc_tio_ n Deleted: city
projects so that all contractors and workers, whether union or non-union, are treated ,
Formatted: Font: Times New
equally In the bidding and awarding of Municipal Public Works Contracts and Other rmaarltted: Font: Times New
q Y 9 9 E?�.--------------_-------------------------
Public Contracts. -,`, Deleted: 9
„ , _ Formatted: Font: Times New
(h) Contracting for Services
In determining whether to use the City's workforce for any public works construction or
to contract for such services, the sole considerations shall be quality of work and costs
savings to the City. No municipal law or rule shall require the use of employees rather
than contract providers for any service.
Formatted: None
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 Lor 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.
Formatted: None
Deleted: or
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, orqe conveyance.of real. property from.one party,....
or parties, to another party, or parties, within the City. This section does not affect
;`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 it may be
amended or recodified.
Section 404. Prohibition against Gift of Public Funds
The City shall comply with the laws of the State of California that are applicable to
general law cities with respect to the prohibition against gifts of public funds.
Article 5
Revenue Retention
Deleted: otherwise
Deleted: any existing
t-- Formatted: None
--- Formatted: None
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.
Deleted: ¶
Section 501. Mandates Limited -
-- - -- ---------..------------------------------------__-...---_------------------------- Formatted: None
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 Formatted: Font: Times New
said mandating authority.ormatted: Font: Times New
Deleted. 9
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Article 6
General Laws
— Formatted: None
Formatted: None
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 as they apply to municipal
affairs.
Formatted: None
Section 601. Council Member Compensation
Notwithstanding the previous paragraph, salary of the Mayor and Council Members will
continue to be Jimited in accordance with California Government Code 36516, as it
may be amended and recodifies)
Section 602. Employee Retirement Benefits
Upon this Charter's adoption, no ordinance or resolution increasing any employee's,
legislative officer's 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 @ssent of the maiority of the voters voting
upon such an ordinance at an election at which such an ordinance has been duly
submitted to the registered voters of the City.
Section 603. Voluntary Participation in Employee Organizations
gxcept as otherwise provided by the State Legislature, City employees shall have the
right to form, join, and participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of employer-employee
relations. City employees also 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 public agency.
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 for such
purposes ("Fund") that meets the requirements of this section. The Organization shall
ensure that: (a) In soliciting contributions for the und, the Organization discloses, in .-
clear and unambiguous language on the face of the solicitation, that cantributions are
voluntary and that the und is a political fund and_ will be expended forpolitical activities,
(where "political activity" includes the espousal of a candidate or a cause, and some
degree of action to promote the acceptance thereof by other persons); (b) Any fees or
dues collected from the members of the Organization that are not used for political
Wage )L f,11-
Deleted: set by
Deleted: , as that statute provides as
of the date of the adoption of this
Charter, where the formula considers
Citv Dooulation and State law
Formatted: None
Deleted: employee
Deleted: officer
Deleted: 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.
Formatted: Font: Bold
Formatted: None
Deleted: Pursuant to California
Government Code Section 3502, as
may be amended or recodified, City
employees
Deleted: City
Formatted: None
Deleted: fund
Deleted: fund
Deleted:;
Formatted: Font: Times New
Font: Times New
Deleted: 9
Formatted: Font: Times New
activities, transferred to the und, or intermingled in_any way with and moneys; (c) The
_.
cost of administering the and is pard from and contributions and not from any of the
ntri - -
fees or dues collected for non -political -purposes; (d) Each contribution is voluntary and
shall be made by the member or employee and may not,be automatically deducted from
he member or .em loyee's paycheck using the .Cit s payroll system, and The
solicitations are designed such that the Organization is in compliance with California
Government Code Section 84304, as it may be amended or recodified
t'
--------------------------------------------------------------------
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. ch. e_ d_.u...l.e....d pursuant to general law.
-------- ---- - -
Section 701. Special Municipal Elections
All other municipal elections shall be known as special_ municipal elections, and shall be
scheduled pursuant to general law.
Section 702. Procedure for Holding All Elections
SII elections shall_ be held in accordance with the provisions of the Elections Code of the
State of California and any other applicable general law, as may be amended or
recodified, for the holding of municipal election
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.
Deleted: fund
Deleted: fund
Deleted: fund
Deleted: fund
Deleted: come
Deleted: or be remitted by the
employer of
Deleted: employee; (e) The
solicitations are written and mailed,
by the U.S. Postal Service, to
Deleted: residence of the member or
employee; (f) The Organization shall
not exceed two written solicitations for
the fund Der calendar vear
Deleted:
Deleted: The Organization has the
burden of proof to establish that the
requirements above are met.
Formatted: Font: Bold
Formatted: Centered, Space After:
0 pt, Widow/Orphan control
Formatted: None
Formatted: None
Formatted: Left
Deleted: 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
Formatted: None
Deleted: that may be held by
authority of this Charter, or of any
law, shall be
l Formatted: None
Deleted: Unless otherwise provided
by ordinance here -after enacted, all
Deleted: so far as the same are not
in conflict with this charter
l Formatted: None
Deleted: ¶
Article 8 t------- Formatted: None
Interpretation
--- Formatted: None
Section 800. Construction and Interpretation
.e=xcept as otherwise provided by this Charter, the language_ contained in this Charter is ....- Deleted: The
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 Formatted: Font: Times New
to any matter which is a municipal affair. Formatted: Font: Times New
Deleted: 9
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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
Formatted: None
F------ Formatted: None
--- Formatted: None
Section 900. Amendment to Charter, Revised or Repealed
This Charter, and any of its provisions, may be amended by a majority vote of the
Qualified voters voting on the question.__Amendment or repeal may_be__proposed by - Deleted:electors
E.
initiative or by the City Council.
Formatted: None
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:
Mayor
ATTEST:
City Clerk
----- Formatted: None
,t
tted: Font: Times New
tted: Font: Times New
d: 9
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ATTACHMENT 2
Section XXX. Infrastructure Fund
(a) Revenues placed in the Infrastructure Fund shall not supplant existing
infrastructure funding. Expenditures for infrastructure improvements and
maintenance, subsequent to the adoption of this Charter, shall not be reduced
below 5% of the General Fund.
(b) The City Council may by ordinance establish a "Citizens Infrastructure Advisory
Board" to conduct an annual review and performance audit of the Infrastructure
Fund, and report its findings to the City Council prior to adoption of the following
fiscal -year budget.
ATTACHMENT 3
GREEN, BRENDA
From:
CHALMERS, SYLVIA
Sent:
Monday, July 02, 2012 8:16 AM
To:
GREEN, BRENDA
Subject: FW: [BULK] City Charter Suggestions
Importance: Low
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA.CHALM ERS@ costa mesaca.gov
www.costamesaca.gov
From: Denise Gardner [mailto:denise.dhsac@yahoo.com]
Sent: Friday, June 29, 2012 10:13 PM
To: CHALMERS, SYLVIA
Subject: [BULK] City Charter Suggestions
Importance: Low
Name: Denise Gardner
Address: No address provided
Email: denise.dhsac@yahoo.com
Suggested changes in the City Charter:
I do not want the Charter as proposed by the corrupt city council
07/03/2012
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Monday, July 02, 2012 10:31 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: [BULK] City Charter Suggestions
Importance: Low
From: Denise May [mailto: den iseam47@yahoo.com]
Sent: Friday, June 29, 2012 10:09 PM
To: MONAHAN, GARY
Subject: [BULK] City Charter Suggestions
Importance: Low
Name: Denise May
Address: costa mesa resident
Email: deniseam47@yahoo.com
Suggested changes in the City Charter:
I do not want the Charter proposed by the corrupt city council
07/03/2012
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Monday, July 02, 2012 10:32 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: [BULK] City Charter Suggestions
Importance: Low
From: Adam Gardner [mailto:adamgardner03@yahoo.com]
Sent: Friday, June 29, 2012 10:12 PM
To: MONAHAN, GARY
Subject: [BULK] City Charter Suggestions
Importance: Low
Name: Adam Gardner
Address: costa mesa resident
Email: adamgardner03@yahoo.com
Suggested changes in the City Charter:
I do not want the Charter as proposed by the corrupt city council
07/03/2012
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Monday, July 02, 2012 10:32 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: [BULK] City Charter Suggestions
Importance: Low
From: Robin Burmeister [mailto:robin.dhsac@yahoo.com]
Sent: Friday, June 29, 2012 10:13 PM
To: MONAHAN, GARY
Subject: [BULK] City Charter Suggestions
Importance: Low
Name: Robin Burmeister
Address: No address provided
Email: robin.dhsac@yahoo.com
Suggested changes in the City Charter:
I do not want the Charter as proposed by the corrupt city council
07/03/2012
Page 1 of 1
GREEN, BRENDA
From: SHELTON, KELLY on behalf of HATCH, THOMAS
Sent: Monday, July 02, 2012 3:23 PM
To: GREEN, BRENDA
Subject: FW: City Charter Suggestions
From: Jamie Alai [mailto:jamiea@usstorage.net]
Sent: Monday, July 02, 2012 2:43 PM
To: HATCH, THOMAS
Subject: City Charter Suggestions
Name: Jamie Alai
Address: No address provided
Email: jamiea@usstorage.net
Suggested changes in the City Charter:
My family and I have lived in Costa Mesa for over 16 years and are in FULL support of the proposed
Charter City.
07/03/2012
Page 1 of 1
GREEN, BRENDA
From: SHELTON, KELLY on behalf of HATCH, THOMAS
Sent: Friday, June 29, 2012 12:54 PM
To: GREEN, BRENDA
Subject: FW: City Charter Suggestions
From: Paul Kopfstein [mailto:Thekopfsteins@att.net]
Sent: Friday, June 29, 2012 11:43 AM
To: HATCH, THOMAS
Subject: City Charter Suggestions
Name: Paul Kopfstein
Address:
Email: Thekopfsteins@att.net
Suggested changes in the City Charter:
I really disagree with the direction this council has taken this city and will NOT be voting for the
proposed City Charter. I will be actively working against this ridiculous proposal and will not be voting
for any politician that supports it. You are wasting my tax dollars and I do not feel 'represented' in any
way by you folks. Such a shame that the so called 'leadership' in this city turns their backs the citizens
and city workers to further their own agendas and political careers. Hopefully, you will be sent this same
message on election day.
06/29/2012
Page 1 of 1
GREEN, BRENDA
From: SHELTON, KELLY on behalf of HATCH, THOMAS
Sent: Friday, June 29, 2012 12:55 PM
To: GREEN, BRENDA
Subject: FW: City Charter Suggestions
From: Ron & Chris McLean [mailto:ronaldmclean@sbcglobal.net]
Sent: Saturday, June 23, 2012 10:57 AM
To: HATCH, THOMAS
Subject: City Charter Suggestions
Name: Ron & Chris McLean
Address:
Email: ronaldmclean@sbcglobal.net
Suggested changes in the City Charter:
My wife and I have lived in Costa Mesa for 43 years. The City Charter gives us hope that we can afford
to live here for more years to come. Change is needed in pension reform, salary negotoations,and city
spending. Unemployment can reverse with city and county and state financial control. We appreciate the
Mayor and City Council determination to place this on ballot. The city needs to be run like a business,
with balances budget and surplus funds every year. Unions have a place, but not as dictators to the city.
If they become competitive, they will be chosen to perform city work. Continue and make Costa Mesa a
leader now ! ! !
06/29/2012
Page 1 of 1
GREEN, BRENDA
From: CHALMERS, SYLVIA
Sent: Friday, June 29, 2012 12:47 PM
To: GREEN, BRENDA
Subject: FW: City Charter Suggestions
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA.CHALMERS@costamesaca.gov
www.costamesaca.gov
From: Paul Kopfstein [mailto:Thekopfsteins@att.net]
Sent: Friday, June 29, 2012 11:43 AM
To: CHALMERS, SYLVIA
Subject: City Charter Suggestions
Name: Paul Kopfstein
Address:
Email: Thekopfsteins@att.net
Suggested changes in the City Charter:
I really disagree with the direction this council has taken this city and will NOT be voting for the
proposed City Charter. I will be actively working against this ridiculous proposal and will not be voting
for any politician that supports it. You are wasting my tax dollars and I do not feel 'represented' in any
way by you folks. Such a shame that the so called 'leadership' in this city turns their backs the citizens
and city workers to further their own agendas and political careers. Hopefully, you will be sent this same
message on election day.
06/29/2012
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Friday, June 29, 2012 9:03 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: [BULK] City Charter Suggestions
Importance: Low
From: John Miilu [mailto:jrmiilu@yahoo.com]
Sent: Thursday, June 28, 2012 2:15 PM
To: MONAHAN, GARY
Subject: [BULK] City Charter Suggestions
Importance: Low
Name: John Miilu
Address: No address provided
Email: jrmiilu@yahoo.com
Suggested changes in the City Charter:
Agree strongly with the advisability of adopting the charter. There's no reason why taxpayers should be
forced to pay for public employee lifestyles and benefits which are much richer than they can afford
themselves. Public employees' pensions are bankrupting the state and I can understand why they would
oppose any decrease in their lavish perks, negotiated between their unions and complaisant politicians
who corruptly sought reelection at the expense of the taxpayers.
06/29/2012
Page 1 of 1
GREEN, BRENDA
From: SHELTON, KELLY on behalf of HATCH, THOMAS
Sent: Thursday, June 28, 2012 2:25 PM
To: GREEN, BRENDA
Subject: FW: [BULK] City Charter Suggestions
Importance: Low
From: John Miilu [mailto:jrmiilu@yahoo.com]
Sent: Thursday, June 28, 2012 2:15 PM
To: HATCH, THOMAS
Subject: [BULK] City Charter Suggestions
Importance: Low
Name: John Miilu
Address: No address provided
Email: jrmiilu@yahoo.com
Suggested changes in the City Charter:
Agree strongly with the advisability of adopting the charter. There's no reason why taxpayers should be
forced to pay for public employee lifestyles and benefits which are much richer than they can afford
themselves. Public employees' pensions are bankrupting the state and I can understand why they would
oppose any decrease in their lavish perks, negotiated between their unions and complaisant politicians
who corruptly sought reelection at the expense of the taxpayers.
06/28/2012
Page 1 of 1
GREEN, BRENDA
From:
CHALMERS, SYLVIA
Sent:
Thursday, June 28, 2012 2:17 PM
To:
GREEN, BRENDA
Cc:
RODELIUS, SHARON
Subject: FW: [BULK] City Charter Suggestions
Importance: Low
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA.CHALMERS@costamesaca.gov
www.costamesaca.gov
From: John Miilu [mailto:jrmiilu@yahoo.com]
Sent: Thursday, June 28, 2012 2:15 PM
To: CHALMERS, SYLVIA
Subject: [BULK] City Charter Suggestions
Importance: Low
Name: John Miilu
Address: No address provided
Email: jrmiilu@yahoo.com
Suggested changes in the City Charter:
Agree strongly with the advisability of adopting the charter. There's no reason why taxpayers should be
forced to pay for public employee lifestyles and benefits which are much richer than they can afford
themselves. Public employees' pensions are bankrupting the state and I can understand why they would
oppose any decrease in their lavish perks, negotiated between their unions and complaisant politicians
who corruptly sought reelection at the expense of the taxpayers.
06/28/2012
Page 1 of 1
GREEN, BRENDA
From: SHELTON, KELLY on behalf of HATCH, THOMAS
Sent: Friday, June 22, 2012 2:15 PM
To: GREEN, BRENDA
Subject: FW: City Charter Suggestions
From: Jonathan Brown [mailto:jonbrown@dslextreme.com]
Sent: Friday, June 22, 2012 10:23 AM
To: HATCH, THOMAS
Subject: City Charter Suggestions
Name: Jonathan Brown
Address:
Email: jonbrown@dslextreme.com
Suggested changes in the City Charter:
I am 100% in favor of the proposed Charter for the city of Costa Mesa. The unions have strangled the
State of California, as well as Costa Mesa, costing the public millions of dollars and lack of local
control. The city of Costa Mesa, rather then the State of California knows best what it needs and how to
satisfy those needs. The Costa Mesa City Council has been remiss in the past and this needs to be
corrected with courage.
06/22/2012
Page 1 of 1
GREEN, BRENDA
From: SHELTON, KELLY on behalf of HATCH, THOMAS
Sent: Friday, June 22, 2012 10:20 AM
To: GREEN, BRENDA
Subject: FW: City Charter Suggestions
From: Don Huber [mailto:dkhuber@sbcglobal.net]
Sent: Friday, June 22, 2012 9:51 AM
To: HATCH, THOMAS
Subject: City Charter Suggestions
Name: Don Huber
Address:
Email: dkhuber@sbcglobal.net
Suggested changes in the City Charter:
Sounds like we should have done this years ago. I am certainly more confident in the City Council
decision making regarding Costa Mesa than that of our state legislators.
06/22/2012
Page 1 of 1
GREEN, BRENDA
From: CHALMERS, SYLVIA
Sent: Friday, June 22, 2012 10:25 AM
To: GREEN, BRENDA
Cc: RODELIUS, SHARON
Subject: FW: City Charter Suggestions
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA.CHALMERS@costamesaca.gov
www.costamesaca.gov
From: Jonathan Brown [mailto:jonbrown@dslextreme.com]
Sent: Friday, June 22, 2012 10:23 AM
To: CHALMERS, SYLVIA
Subject: City Charter Suggestions
Name: Jonathan Brown
Address:
Email: jonbrown@dslextreme.com
Suggested changes in the City Charter:
I am 100% in favor of the proposed Charter for the city of Costa Mesa. The unions have strangled the
State of California, as well as Costa Mesa, costing the public millions of dollars and lack of local
control. The city of Costa Mesa, rather then the State of California knows best what it needs and how to
satisfy those needs. The Costa Mesa City Council has been remiss in the past and this needs to be
corrected with courage.
06/22/2012
Page 1 of 1
GREEN, BRENDA
From: HATCH, THOMAS
Sent: Monday, June 18, 2012 11:47 AM
To: 'Phil Diment'
Cc: FRANCIS, RICK; LOBDELL, WILLIAM; GREEN, BRENDA
Subject: RE: City Charter Suggestions
Thanks for the input Phil and I will pass on your comment so it will be documented. Thanks.
From: Phil Diment [mailto:pdiment@kbsrealty.com]
Sent: Monday, June 18, 2012 10:30 AM
To: HATCH, THOMAS
Subject: City Charter Suggestions
Name: Phil Diment
Address:
Email: pdiment@kbsrealty.com
Suggested changes in the City Charter:
I am very much in favor of the City Charter. I think we have to be a fiscally responsible city and get
control of our expenses, especially when it comes to pension and salary expenses. I live of a street that is
in desperate need of repair, especially the inadequate storm drains. We have had two floods that nearly
swamped our homes -- where was the city? Why have additional drains not been installed? My fear is
that the city will use funds to pay bloated pensions and there will be no $$ left to make repairs and help
homeowners.
I am not against pensions and I am not against fire fighters or police. I think that they deserve a decent
salary / pension, however it needs to be commensurate with the private sector.
Phil Diment
Concerned Citizen
06/22/2012
Page 1 of 1
GREEN, BRENDA
From:
CHALMERS, SYLVIA
Sent:
Friday, June 22, 2012 9:54 AM
To:
GREEN, BRENDA
Cc: RODELIUS, SHARON
Subject: FW: City Charter Suggestions
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA. CHALM ERS@ costamesaca.gov
www.costamesaca.gov
From: Don Huber [mailto:dkhuber@sbcglobal.net]
Sent: Friday, June 22, 2012 9:51 AM
To: CHALMERS, SYLVIA
Subject: City Charter Suggestions
Name: Don Huber
Address:
Email: dkhuber@sbcglobal.net
Suggested changes in the City Charter:
Sounds like we should have done this years ago. I am certainly more confident in the City Council
decision making regarding Costa Mesa than that of our state legislators.
06/22/2012
Page 1 of 1
GREEN, BRENDA
From: CHALMERS, SYLVIA
Sent: Friday, June 22, 2012 8:03 AM
To: GREEN, BRENDA
Cc: RODELIUS, SHARON
Subject: FW: City Charter Suggestions
For you.
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA.CHALMERS@costamesaca.gov
www.costamesaca.gov
From: Scott MAY [mailto:scttmay44525@yaho.com]
Sent: Thursday, June 21, 2012 8:31 PM
To: CHALMERS, SYLVIA
Subject: City Charter Suggestions
Name: Scott MAY
Address:
Email: scttmay44 2 @ya ho.com
Suggested changes in the City Charter:
I do not trust the current CRIMINAL city council. NO ON THE CHARTER.
06/22/2012
Page 1 of 1
GREEN, BRENDA
From:
CHALMERS, SYLVIA
Sent:
Thursday, June 21, 2012 2:08 PM
To:
GREEN, BRENDA
Subject: FW: City Charter Suggestions
Another one....
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA.CHALMERS@costamesaca.gov
www.costamesaca.gov
From: Dorothy Hamill [mailto:Blonde.Blue@att.net]
Sent: Thursday, June 21, 2012 2:04 PM
To: CHALMERS, SYLVIA
Subject: City Charter Suggestions
Name: Dorothy Hamill
Address: No address provided
Email: Blonde.Blue@att.net
Suggested changes in the City Charter:
I have just finished reading your newsletter regarding the status of becoming a Charter city. It is a
wonderful idea and I support it 100%. Keep up the great work!
Sincerely, Dorothy Hamill
06/22/2012
Page 1 of 1
GREEN, BRENDA
From:
CHALMERS, SYLVIA
Sent:
Thursday, June 21, 2012 2:02 PM
To:
GREEN, BRENDA
Subject: FW: [BULK] City Charter Suggestions
Importance: Low
For City Clerk.
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA. CHALM ERSP costam esaca.L7ov
www.costamesaca.gov
From: Susan Shaw [mailto:rockyshaw0l@yahoo.com]
Sent: Thursday, June 14, 2012 8:47 AM
To: CHALMERS, SYLVIA
Subject: [BULK] City Charter Suggestions
Importance: Low
Name: Susan Shaw
Address: No address provided
Email: rockyshaw0l@yahoo.com
Suggested changes in the City Charter:
The vague language needs to be fixed so the City Council doesn't have an easy route to making big
changes without listening to the citizens. The way the Charter is currently written the Council can
change many items easily while the citizens have a much more difficult route. Waiting two years to have
an opportunity to voice concern by electing a different council, is not effcient enough. Major damage
can take place in that amount of time.
06/22/2012
Page 1 of 1
GREEN, BRENDA
From: CHALMERS, SYLVIA
Sent: Thursday, June 21, 2012 2:01 PM
To: GREEN, BRENDA
Subject: FW: City Charter Suggestions
For City Clerk.
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA. CHALM ERS@costamesaca.gov
www.costamesaca.gov
From: Phil Diment [mailto:pdiment@kbsrealty.com]
Sent: Monday, June 18, 2012 10:30 AM
To: CHALMERS, SYLVIA
Subject: City Charter Suggestions
Name: Phil Diment
Address:
Email: pdiment@kbsrealty.com
Suggested changes in the City Charter:
I am very much in favor of the City Charter. I think we have to be a fiscally responsible city and get
control of our expenses, especially when it comes to pension and salary expenses. I live of a street that is
in desperate need of repair, especially the inadequate storm drains. We have had two floods that nearly
swamped our homes -- where was the city? Why have additional drains not been installed? My fear is
that the city will use funds to pay bloated pensions and there will be no $$ left to make repairs and help
homeowners.
I am not against pensions and I am not against fire fighters or police. I think that they deserve a decent
salary / pension, however it needs to be commensurate with the private sector.
Phil Diment
Concerned Citizen
06/22/2012
GREEN, BRENDA
From:
CHALMERS, SYLVIA
Sent:
Friday, June 22, 2012 8:04 AM
To:
GREEN, BRENDA
Cc:
RODELIUS, SHARON
Subject: FW: City Charter Suggestions
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA.CHALMERS@costamesaca.gov
www.costamesaca.gov
From: william mitchell [mailto:whmitche@uci.edu]
Sent: Friday, June 22, 2012 8:01 AM
To: CHALMERS, SYLVIA
Subject: City Charter Suggestions
Name: william mitchell
Address:
Email: whmitche@uci.edu
Suggested changes in the City Charter:
It sounds great lets get this going and start saving our city money
union that is controlling our city.
06/22/2012
Page 1 of 1
Take some power away from the
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Tuesday, June 26, 2012 9:01 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: City Charter Suggestions
From: Jonathan Brown [mailto:jonbrown@dslextreme.com]
Sent: Friday, June 22, 2012 10:23 AM
To: MONAHAN, GARY
Subject: City Charter Suggestions
Name: Jonathan Brown
Address:
Email: jonbrown@dslextreme.com
Suggested changes in the City Charter:
I am 100% in favor of the proposed Charter for the city of Costa Mesa. The unions have strangled the
State of California, as well as Costa Mesa, costing the public millions of dollars and lack of local
control. The city of Costa Mesa, rather then the State of California knows best what it needs and how to
satisfy those needs. The Costa Mesa City Council has been remiss in the past and this needs to be
corrected with courage.
06/26/2012
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Tuesday, June 26, 2012 9:05 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: City Charter Suggestions
From: Ron & Chris McLean [ma ilto:ronaidmclean@sbcglobal.net]
Sent: Saturday, June 23, 2012 10:57 AM
To: MONAHAN, GARY
Subject: City Charter Suggestions
Name: Ron & Chris McLean
Address:
Email: ronaidmclean@sbcglobal.net
Suggested changes in the City Charter:
My wife and I have lived in Costa Mesa for 43 years. The City Charter gives us hope that we can afford
to live here for more years to come. Change is needed in pension reform, salary negotoations,and city
spending. Unemployment can reverse with city and county and state financial control. We appreciate the
Mayor and City Council determination to place this on ballot. The city needs to be run like a business,
with balances budget and surplus funds every year. Unions have a place, but not as dictators to the city.
If they become competitive, they will be chosen to perform city work. Continue and make Costa Mesa a
leader now ! ! !
06/26/2012
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Tuesday, June 26, 2012 8:56 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: City Charter Suggestions
From: Dorothy Hamill [mailto:Blonde.Blue@att.net]
Sent: Thursday, June 21, 2012 2:04 PM
To: MONAHAN, GARY
Subject: City Charter Suggestions
Name: Dorothy Hamill
Address: No address provided
Email: Blonde.Blue@att.net
Suggested changes in the City Charter:
I have just finished reading your newsletter regarding the status of becoming a Charter city. It is a
wonderful idea and I support it 100%. Keep up the great work!
Sincerely, Dorothy Hamill
06/26/2012
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Tuesday, June 26, 2012 8:59 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: City Charter Suggestions
From: Scott MAY [mailto:scttmay44525@yaho.com]
Sent: Thursday, June 21, 2012 8:31 PM
To: MONAHAN, GARY
Subject: City Charter Suggestions
Name: Scott MAY
Address:
Email: scttmay44525@yaho.com
Suggested changes in the City Charter:
I do not trust the current CRIMINAL city council. NO ON THE CHARTER.
06/26/2012
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Tuesday, June 26, 2012 8:59 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: City Charter Suggestions
From: william mitchell [mailto:whmitche@uci.edu]
Sent: Friday, June 22, 2012 8:01 AM
To: MONAHAN, GARY
Subject: City Charter Suggestions
Name: william mitchell
Address:
Email: whmitche@uci.edu
Suggested changes in the City Charter:
It sounds great lets get this going and start saving our city money. Take some power away from the
union that is controlling our city.
06/26/2012
Page 1 of 1
GREEN, BRENDA
From: MONAHAN, GARY
Sent: Tuesday, June 26, 2012 9:01 AM
To: GREEN, BRENDA; CHALMERS, SYLVIA
Subject: FW: City Charter Suggestions
From: Don Huber [mailto:dkhuber@sbcglobal.net]
Sent: Friday, June 22, 2012 9:51 AM
To: MONAHAN, GARY
Subject: City Charter Suggestions
Name: Don Huber
Address:
Email: dkhuber@sbcglobal.net
Suggested changes in the City Charter:
Sounds like we should have done this years ago. I am certainly more confident in the City Council
decision making regarding Costa Mesa than that of our state legislators.
06/26/2012
Page 1 of 1
GREEN, BRENDA
From: CHALMERS, SYLVIA
Sent: Monday, June 25, 2012 7:48 AM
To: GREEN, BRENDA
Cc: RODELIUS, SHARON
Subject: FW: City Charter Suggestions
Sylvia Chalmers
Executive Secretary
CEO's Office, City of Costa Mesa
(714) 754-5099 Fax (714) 754-5330
SYLVIA.CHALMERS@costamesaca.gov
www.costamesaca.gov
From: Ron & Chris McLean [mailto:ronaldmclean@sbcgloba[.net]
Sent: Saturday, June 23, 2012 10:57 AM
To: CHALMERS, SYLVIA
Subject: City Charter Suggestions
Name: Ron & Chris McLean
Address:
Email: ronaldmclean@sbcglobal.net
Suggested changes in the City Charter:
My wife and I have lived in Costa Mesa for 43 years. The City Charter gives us hope that we can afford
to live here for more years to come. Change is needed in pension reform, salary negotoations,and city
spending. Unemployment can reverse with city and county and state financial control. We appreciate the
Mayor and City Council determination to place this on ballot. The city needs to be run like a business,
with balances budget and surplus funds every year. Unions have a place, but not as dictators to the city.
If they become competitive, they will be chosen to perform city work. Continue and make Costa Mesa a
leader now ! ! !
06/25/2012
ATTACHMENT 4
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 5, 2012
ITEM NUMBER: PH -3
SUBJECT: PUBLIC HEARING TO CONSIDER CONTENT OF PROPOSED CHARTER AND
SUBMISSION OF PROPOSED CHARTER TO VOTERS
DATE: MAY 24, 2012
FROM: CITY ATTORNEY'S OFFICE
CITY CLERK'S OFFICE
PRESENTATION BY: CITY ATTORNEY'S OFFICE
FOR FURTHER INFORMATION CONTACT: Christine Cordon, Acting Deputy City Clerk,
(714) 754-5121
RECOMMENDATION:
Conduct a public hearing on the proposed
community comments and suggestions, and
proposed charter (Attachment 1).
BACKGROUND:
City charter for Costa Mesa, receive
provide direction on any changes to the
In the fall of 2011, the City Council asked the City Attorney to research the benefits and
variations of a charter form of city government, which would shift control over strictly
municipal affairs from Sacramento to Costa Mesa. Using an initial first draft of the
proposed charter as a starting point, the City sought comments on the charter through
various media outlets; through public comments at the December 6, 2011 and January
3, 2012 City Council meetings; and at a charter informational meeting held at the Costa
Mesa Neighborhood Community Center (NCC) on January 5, 2012. The original intent
was to place the proposed charter resulting from this process on the June 5, 2012
ballot.
Due to a clerical error in the City Clerk's office, the proposed charter was not placed on
the June 5, 2012 ballot. Staff was asked to restart the process of placing a proposed
charter on the November 6, 2012 ballot.
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 120 California
cities is the charter form (see Attachment 4 for the League of California Cities' primer
on charter cities). A charter city is one that has adopted a set of bylaws, called the
charter, which acts as a local constitution for the city. Similar to federal and state
constitutions, a charter may only be adopted, amended, or repealed by a majority vote
of a city's registered voters.
Charter cities have more authority over their municipal affairs, strengthening the City's
home rule. By adopting a charter, the City will have greater flexibility in the operations of
its municipal government, which, if properly utilized, translates 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, and
5. City government structure
For example, the current draft of the proposed charter states that the City would not be
required to pay prevailing, or union, wage for projects that are locally funded.
Limitations and Safeguards:
Notwithstanding these advantages, there are several limitations and safeguards placed
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 "statewide
concern." A matter of statewide concern is something that is determined, by the courts
or by the Legislature, 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
statewide 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 is
allowed under state law. This proposed charter contains similar limitations.
It is important to note that 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 framework 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 framework of the charter.
What is different in Costa Mesa's Proposed Charter:
Charters for California cities --especially those adopted within the past decade --are
remarkably similar because the primary goal of local control is the same, and the
charter language used by other cities has been legally tested. That said, the proposed
charter contains the following provisions:
1. Section 203. Removal of City CEO & City Attorney without cause. This section
limits the City Council's ability to remove the City CEO or City Attorney by
requiring an affirmative vote of four out of five members of the City Council in
order to remove the City CEO or City Attorney without cause.
2
2. Section 401. Purchasing and Contracts. This section allows the City to decide
whether or not to pay prevailing, or union, wage on public works projects that use
only local funds.
3. Section 602. Employee Retirement Benefits. This section requires increases in
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, to require the majority approval of qualified voters of
the City at a general municipal election. On the other hand, any reduction in
retirement benefits, other postemployment benefits, or employer contributions
does not require the majority approval of qualified voters of the City at a general
municipal election.
4. Section 603. Voluntary Municipal Employee Political Contributions. This section
ensures that city employee association dues collected directly from city
paychecks will not be used for political activities.
Adoption process:
AB1344, which went into effect in January 1, 2012 requires more public input on
proposed city charters than prior law, before a charter measure is placed on the ballot.
The anticipated timeline of events provides for the second public hearing to be on July
10, 2012 with the final meeting (concerning whether to submit the Proposed Charter to
qualified voters of the City) on July 31, 201.2.
The City encourages interested parties to submit potential changes to the proposed
charter before each public hearing, so the City Council and residents will have the
maximum time to review suggestions from residents.
ALTERNATIVES CONSIDERED:
Council can choose to direct staff and the City Attorney to discontinue the process of
placing a proposed charter on the November 6, 2012 ballot.
FISCAL REVIEW
Whether a proposed charter is placed on the November ballot, in the normal course of
business, the City would consolidate its scheduled city elections with the statewide
election in November. If the proposed charter is placed on the November 2012 ballot, the
County Registrar of Voters estimates the cost of the consolidated election with the charter
to be in the range of $77,500 to $96,500. The overall cost may increase if the full charter
is to be printed in the sample ballot.
LEGAL REVIEW:
The City Attorney's office has reviewed and approved this report and its attachments.
3
CONCLUSION:
Council is requested to hold a public hearing on the proposed City charter for Costa Mesa
and listen to community comments and suggestions and provide direction on any
changes to the first draft of the proposed charter.
Wtom / / ff'r,
City Chief Executive Officer
DISTRIBUTION: City CEO
City Attorney
City Clerk
Staff
THOMAS P. AR E
City Attorney
ATTACHMENTS: 1 Proposed Charter
2 Chart for General Law City v. Charter City
3 List of Charter Cities
4 Charter Cities: A Quick Summary for the Press and
Researchers
5 How to amend or repeal a charter
6 Process used to adopt a charter
7 What is in a charter?
8 What is a charter?
9 Foundational Aspects of Charter Cities
4
ATTACHMENT 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.
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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.
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
ATTACHMENT 2
General Law City v. Charter City
Characteristic � �
`.' General'Law City. , 5
,f, 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 seg..
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).
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.
Rules Governing Ralph Brown Act is applicable. Cal. Gov't Ralph Brown Act is applicable. Cal. Gov't
Procedure and Decorum Code §§ 54951, 54953(a). Code §§ 54951, 54953(a).
Personnel Matters
Contracting Services
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).
Conflict of interest laws are applicable. See
Cal. Gov't Code § 87300 et 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,
"[Tjhere 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.
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).
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.
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 seg..
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).
AP Characteristic
f
Genera[ 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,
thb 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. Will. 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.
ATTACHMENT 3
Charter Cities
Adelanto
Lindsay
Alameda
Loma Linda
Albany
Long Beach
Alhambra
Los Alamitos
Anaheim
Los Angeles
Arcadia
Marina
Bakersfield
Marysville
Bell
Merced
Berkeley
Modesto
Big Bear Lake
Monterey
Buena Park
Mountain View
Burbank
Napa
Carlsbad
Needles
Cerritos
Newport Beach
Chico
Norco
Chula Vista
Oakland
Compton
Oceanside
Culver City
Oroville
Cypress
Pacific Grove
Del Mar
Palm Desert
Desert Hot Springs
Palm Springs
Dinuba
Palmdale
Downey
Palo Alto
El Centro
Pasadena
Eureka
Petaluma
Exeter
Piedmont
Folsom
Placentia
Fortuna
Pomona
Fresno
Port Hueneme
Gilroy
Porterville
Glendale
Rancho Mirage
Grass Valley
Redondo Beach
Hayward
Redwood City
Huntington Beach
Richmond
Indian Wells
Riverside
Industry
Roseville
Inglewood
Sacramento
Irvine
Salinas
Irwindale
San Bernardino
King City
San Diego
Kingsburg
San Francisco
Lancaster
San Jose
La Quinta
San Leandro
Lemoore
San Luis Obispo
ATTACHMENT 3
San Marcos
Solvang
San Mateo
Stockton
San Rafael
Sunnyvale
San Ramon
Temple City
Sand City
Torrance
Santa Ana
Truckee
Santa Barbara
Tulare
Santa Clara
Vallejo
Santa Cruz
Ventura
Santa Maria
Vernon
Santa Monica
Victorville
Santa Rosa
Visalia
Santee
Vista
Seal Beach
Watsonville
Shafter
Whittier
Signal Hill
Woodlake
Total Cities: 120
ATTACHMENT 4
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.' The benefit of
becoming a charter city is that charter cities have supreme authority over "municipal affairs."' In
other words, a charter city's law concerning a municipal affair will trump a state law governing the
same topic.3
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.5 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 states
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" 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 law.9 In other words, courts
' Cal. Const. art. XI, § 3(a).
2 Cal. Const. art. XI, § 5(a).
3 Johnson v. Bradley, 4 Cal. 4th 389, 399 (1992).
4 Fragley v. Phelan, 126 Cal. 383, 387 (1899).
a /d.
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.
7 Cal. Const. art. XI, § 5(b); Johnson, 4 Cal. 4th at 398.
8 Cal. Const. art. XI, § 5(b).
9 Johnson, 4 Cal. 4th at 405.
will ask whether there is a need for "paramount state control" in the particular area of law. 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 matters 14
• Land use and zoning decisions (with some exceptions)15
• How a city spends its tax dollars 16
• 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 regulation 18
• Tort claims against a governmental entity19
• 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.2s
For more information about charter cities, please visit the "Charter Cities" section of the League's
Web site at htto.llwww.cacities.org/chartercities.
t0 Id. at 400.
11 Id. at 405.
12 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 586, 599 (1998).
13 Isaac, 66 Cal. App. 4th at 599.
14 Mackey v. Thiel, 262 Cal. App. 2d 362, 365 (1968).
15 See Brougher v. Bd. of Pub. Works, 205 Cal. 426, 440 (1928).
16 Johnson, 4 Cal. 4th at 407.
17 Pub. Cont. Code § 1100.7; R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188, 1191 (1985);
Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38, 51 (1998).
18 Cal. Veh. Code § 21.
19 Helbach v. City of Long Beach, 50 Cal. App. 2d 242, 247 (1942).
20 Whisman v. San Francisco Unified Sch. Dist, 86 Cal. App. 3d 782, 789 (1978).
21 Cal. Gov't Code § 34451.
22 Cal. Gov't Code § 34458.
23 Cal. Gov't Code §§ 34457, 34462.
ATTACHMENT 5
Hoini f mend or peal a{ charted
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.
ATTACHMENT 6
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
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
ATTACHMENT 6
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.
ATTACHMENT 7
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.
ATTACHMENT 8
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.
ATTACHMENT 9
�oundatonat aspects�of ctart�r�c ties
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:
• 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.
• 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).
ATTACHMENT 9
• 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).