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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
In Support/Opposition
From: Rikke Van Johnson M/CC Meeting Date: 08/06/2012
Prepared by: Cheryl Weeks, (909) 384-5188
Dept: Council Office Ward(s): All
Subject:
Repeal the City Charter
Financial Impact:
None
Motion: To discuss repealing the City Charter and take possible action.
Synopsis of Previous Council Action:
None
Background:
See Attachment 1
Supporting Documents:
General Law City v Charter City attachment(PDF)
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6.K.A
General Law City v. Charter City
Characteristic General Law City Charter City
Ability to Govern Bound by the state's general law, regardless Has supreme authority over"municipal
Municipal Affairs of whether the subject concerns a municipal affairs."Cal. Const. art. XI, §5(b).
affair.
Form of Government State law describes the city's form of Charter can provide for any form of
government For example, Government government including the"strong mayor," d
Code section 36501 authorizes general law and "city manager"forms. See Cal. Const. V
cities be governed by a city council of five art. XI, §5(b); Cal. Gov't Code§34450 at s
members, a city clerk, a city treasurer, a seq. U
police chief, a fire chief and any subordinate
officers or employees as required by law.
City electors may adopt ordinance whichr�
provides for a different number of council
members. Cal. Gov't section 34871. The
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Government Code also authorizes the"city
manager"form of government. Cal. Gov't
Code§34851. a°>
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Elections Generally Municipal elections conducted in accordance Not bound by the California Elections Code m
with the California Elections Code. Cal. Elec. May establish own election dates, rules, an E
Code§§ 10101 et seq.. procedures. See Cal. Const. art.XI, §5(b);
Cal. Elec. Code§§ 10101 et seq..
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Methods of Elections Generally holds at-large elections whereby May establish procedures for selecting `m
voters vote for any candidate on the ballot. officers. May hold at-large or district r
Cities may also choose to elect the city elections. See Cal. Const. art. XI, §5(b). r
council "by"or"from"districts, so long as the U
election system has been established by w
ordinance and approved by the voters. Cal.
Gov't Code§34871. Mayor may be elected 3
by the city council or by vote of the people.
Cal. Gov't Code§§34902.
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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 E
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 a
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).
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6.K.A
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 nc r
removal for failure to perform official duties, violate the state and federal constitutions. _
electorate irregularities, absence from Cal. Const. art.XI, § 5(b). v
meetings without permission, and upon non- 2:'
residency. Cal. Gov't Code §§ 1770, 36502, u
36513. r
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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 rn
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. m
then all council members are required to Gov't Code§§53234-53235. E
have two hours of ethics training. See Cal.
Gov't Code§§53234-53235.
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Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local m
days of introduction unless they are urgency ordinances. Brougher v. Bd. of Public Work C
ordinances. Cal. Gov't Code§36934. 205 Cal. 426(1928). r
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Ordinances may only be passed at a regular
meeting, and must be read in full at time of G
introduction and passage except when, after ;
reading the title,further reading is waived.
Cal. Gov't Code§36934.
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Resolutions May establish rules regarding the May establish procedures for adopting, t7
procedures for adopting, amending or amending or repealing resolutions. Broughe m
repealing resolutions. v. Bd. of Public Works, 205 Cal.426(1928) E
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Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum C
Requirements quorum for transaction of business. Cal. requirements. However, certain legislation
Gov't Code§36810. requiring supermajority votes is applicable t
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.
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6.K.A
Characteristic General Law City Charter City
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).
Conflict of interest laws are applicable. See Conflict of interest laws are applicable. See
Cal. Gov't Code §87300 et seq.. Cal. Gov't Code §87300 et seq..
May provide provisions related to ethics,
conflicts, campaign financing and
incompatibility of office.
Personnel Matters May establish standards, requirements and May establish standards, requirements, anc
procedures for hiring personnel consistent procedures, including compensation, terms t
with Government Code requirements. and conditions of employment for personne U
See Cal. Const. art.XI, §5(b). 2:'
May have"civil service'system, which G
includes comprehensive procedures for Procedures set forth in Meyers-Milias-Brow
recruitment, hiring, testing and promotion. Act(Cal. Gov't Code§3500)apply, but not( @
See Cal. Gov't Code§45000 et seq. "[T]here is a clear distinction between the a
substance of a public employee labor issue
Meyers-Milias-Brown Act applies. Cal. Gov't and the procedure by which it is resolved.
Code§3500. Thus there is no question that'salaries of
local employees of a charter city constitute r'
Cannot require employees be residents of municipal affairs and are not subject to
the city, but can require them to reside within general laws."' Voters for Responsible v
a reasonable and specific distance of their Retirement v. Board of Supervisors, 8 E
place of employment. Cal. Const. art. Xl, § Cal.4th 765, 781 (1994).
10(b).
Cannot require employees be residents of m
the city, but can require them to reside withi v
a reasonable and specific distance of their
place of employment. Cal. Const. art. XI, V
section 10(b). r
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Contracting Services Authority to enter into contracts to carry out Full authority to contract consistent with
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necessary functions, including those charter. ;
expressly granted and those implied by
necessity. See Cal. Gov't Code§37103; May transfer some of its functions to the
Carruth v. City of Madera, 233 Cal.App. 2d county including tax collection, assessment d
688(1965). collection and sale of property for non-
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payment of taxes and assessments. Cal.
Gov't Code§§ 51330, 51334, 51335. c
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6.K.A
Characteristic General Law City Charter City
Public Contracts Competitive bidding required for public works Not required to comply with bidding statute;
contracts over$5,000. Cal. Pub. Cont. Code provided the city charter or a city ordinance
§20162. Such contracts must be awarded to exempts the city from such statutes, and thf
the lowest responsible bidder. Pub. Cont. subject matter of the bid constitutes a
Code§20162. If city elects subject itself to municipal affair. Pub. Cont. Code§ 1100.7;
uniform construction accounting procedures, see R&A Vending Services, Inc. v. City of
less formal procedures may be available for Los Angeles, 172 Cal.App. 3d 1188(1985)
contracts less than$100,000. See Cal. Pub. Howard Contracting, Inc. v. G.A. MacDonal
Cont. Code§§22000, 22032. Constr. Co., 71 Cal.App. 4th 38(1998).
Contracts for professional services such as
private architectural, landscape architectural,
engineering, environmental, land surveying, r
or construction management firms need not V
be competitively bid, but must be awarded
on basis of demonstrated competence and v
professional qualifications necessary for the r
satisfactory performance of services. Cal. A
Gov't Code§4526. a
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Payment of Prevailing In general, prevailing wages must be paid on Historically, charter cities have not been
Wages public works projects over$1,000. Cal. Lab. bound by state law prevailing-wage O1
Code§ 1771. Higher thresholds apply requirements so long as the project is a
($15,000 or$25,000) if the public entity has municipal affair, and not one funded by stat y
adopted a special labor compliance program. or federal grants. Vial v. City of San Diego, E
See Cal. Labor Code § 1771.5(a)-(c). 122 Cal. App. 3d 346, 348(1981). Howeve m
there is a growing trend on the part of the
courts and the Legislature to expand the T
applicability of prevailing wages to charter v
cities under an analysis that argues that the
payment of prevailing wages is a matter of r
statewide concern. The California Supremo r
Court currently has before them a case that
will provide the opportunity to decide
whether prevailing wage is a municipal affai j
or whether it has become a matter of ;
statewide concern.
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6.K.A
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 E
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 subjei
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. t
• Municipal Improvement Act of 1913. See J.W. Jones Companies v. City of San v
See Cal. Sts. & High. Code§§ Diego, 157 Cal.App. 3d 745(1984). L
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. Cons o
art.XI, §5.
• Landscaping and Lighting Act of
1972. Cal. Sts. & High. Code§§ May impose real property transfer tax; does
22500 et seq.. not violate either Cal. Const art. XIIIA or ,°_'
California Government Code section 53725
• Benefit Assessment Act of 1982. See Cohn v. City of Oakland, 223 Cal. App. d
Cal. Gov't Code§§ 54703 et seq.. 3d 261 (1990); Fielder v. City of Los E
Angeles, 14 Cal.App. 4th 137(1993). v
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 t=i
Code§53725; but see authority to impose
documentary transfer taxes under certain
circumstances. Cal. Rev. &Tax. Code§ v
11911(a), (c). ;
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Streets & Sidewalks State has preempted entire field of traffic State has preempted entire field of traffic d
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control. Cal. Veh. Code§21. control. Cal. Veh. Code§21. �
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Penalties & Cost Recovery May impose fines, penalties and forfeitures, May enact ordinances providing for various E
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 x
charter. County of Los Angeles v. City of Lc Q
Angeles, 219 Cal. App. 2d 838, 844(1963).
6.K.A
Characteristic General Law City Charter City
Public Utilities/Franchises May establish, purchase, and operate public May establish, purchase, and operate publil
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. Xl, §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 or
corporations seeking to furnish light,water, the granting of franchises to use city streets
power, heat,transportation or to persons or corporations seeking to furnis
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 r
bidding process, under the Broughton Act, Franchise Act of 1937 is not applicable if t
Cal. Pub. Util. Code§§6001-6092, or charter provides. Cal. Pub. Util. Code§ v
without a bidding process under the 6205. Z.
Franchise Act of 1937, Cal. Pub. Util. Code v
§§6201-6302. r
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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§ r'
65803.
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'"ket Pg. 282