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HomeMy WebLinkAboutMinutes - February 8, 2005 SSCITY OF LODI INFORMAL INFORMATIONAL MEETING "SHIRTSLEEVE" SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, FEBRUARY 8, 2005 An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, February 8, 2005, commencing at 7:02 a.m. A. ROLL CALL Present: Council Members — Hitchcock, Johnson, Mounce, and Mayor Beckman Absent: Council Members — Hansen Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Blackston NOTE: Council Member Hansen was absent due to his attendance at the American Public Power Association Legislative Rally, in Washington D.C. B. TOPIC(S) B-1 "Discussion regarding Charter City form of government" Deputy City Manager Keeter recalled that this issue had been considered by Council in the early 1990s. There were a number of contractors who had expressed concern regarding the issue of prevailing wages, and the matter was not pursued. City Attorney Schwabauer explained that a charter would have to be adopted through the municipal election process. He stated that the basic difference between a charter and general law city was that a general law city has a constitution that is ready made for it in the Government Code. He pointed out that there would be a significant investment involved in creating a charter. In addition, he noted that some of the benefits of a charter are illusory. As an example, it is true that charter cities do not have to pay prevailing wages; however, if they accept state or federal money for a project (which is nearly always the case) then they must pay prevailing wages. Charter cities cannot deviate from statewide concerns, e.g. traffic issues, telephone franchises, etc. Charters can change the election process and form of government of a city. In response to Council Member Johnson, City Manager King commented that many charter cities were incorporated close to the time of California's statehood when there was a distinct difference between charter and general law cities. He pointed out that any change to a charter requires a vote of the public. Council Member Mounce noted that public financing of election campaigns are legal in charter cities and asked how it differed from general law city regulations. City Manager King replied that its purpose in charter cities was a way of controlling costs. City Attorney Schwabauer explained that part of the impetus for Council's recent decision to charge candidates for the cost of their election statements in the voters' pamphlet was due to the Government Code's prohibition against financing elections; however, there is an Attorney General's opinion that states it does not apply to paying for candidates filing fees. C. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS None. D. ADJOURNMENT No action was taken by the City Council. The meeting was adjourned at 7:17 a.m. ATTEST: Susan J. Blackston, City Clerk AGENDA ITEM 5-I CITY OF LODI ,. COUNCIL COMMUNICATION TM AGENDA TITLE: Discussion Regarding Charter City Form of Government MEETING DATE: February 8, 2005 PREPARED BY: Janice D. Magdich, Deputy City Attorney The City Attorney's office has been asked by the Mayor to look into the pros and cons of Lodi becoming a charter city. As you are aware, California cities are either governed by the general law or a charter. Both kinds of cities have broad powers and freedom in the form of government which may be established and the types of activities in which they may engage. Of the 478 cities in the state, 108 are chartered (as of 12131104). Lodi is a general law city. Not knowing the interest of the Council, the City Attorney's office has not prepared an in-depth analysis of the issues and procedures that would be necessary for the Council to consider in making a decision on whether or not the City should become a charter city. However, to facilitate discussion at today's shirtsleeve session, we have attached to this communication copies of information prepared by the League of Cities outlining the differences between the two forms of government. JANICE D. A DICH Attorney APPROVED: C=2 _ Blair King, City Manager Types of Cities Types of Cities Page 1 of 1 In California, there are two kinds of cities: charter cities and general law cities. Of the 477 cities in the state, 105 are chartered. Unlike cities in many other states, both kinds of California cities have broad powers and enjoy considerable freedom in the form of government, which may be established, and the types of activities in which they may engage. What is a charter city? The authority provided in the state constitution to organize as a charter city is extended only to an existing city. Although general law cities now have nearly equal powers, charters are adopted by cities where special conditions create needs that cannot be adequately met by the general laws. An advantage of the charter form of government stems from the potential breadth of local authority, which may be exercised. Since the powers of a charter city are not restricted to only those outlined in the general state municipal law, a city can adopt a charter and custom -tailor its organization and elective offices to provide for unique local conditions and needs. A charter can only be adopted and /or changed by a majority vote of city residents -- not by a vote of the city council. Citizens can establish the terms and number of council members and impose other limitations upon their city council through a charter provision. What is a general law city? A general law city operates within the parameters and guidelines of California municipal law. The advantage of a general law city is that general state laws have been subjected to judicial scrutiny and tested over the years, so there is relatively little confusion about their application. City charters, by contrast, can be much more complicated and can raise many more questions about what can and cannot be done under state law. Exception to the rule. There is one consolidated government unit in California. San Francisco is actually both a county and a city government. Because the city comprises the entire county, voters decided to combine the two governments into one. To date, it is the only example of city and county consolidation in California, although attempts to consolidate have been made in other areas, such as Sacramento County. There, voters, as recently as 1990, turned down a proposal to combine the city and county governments. http://www.cacities.org/resource files/3242.types%20of%20cities.htm 2/3/2005 Institute for Local Self Government - Past Projects ILSG b Past Projects *Charter City Project [acct Us #int search GOA p] 71►11q a0;Jl:J0hA&VIAJ 7 Characteristics of General Law Cities & Charter Cities Home to Charter Cities CHARACTERISTICS OF GENERAL LAW CITIES & CHARTER CITIES* Characteristic General Law City Charter City Form of State law describes the Can provide for any Government procedures for a city form of government, council to establish its including mayor/city form of government. manager form of See Cal. Gov't Code § government. 36501. Absent formal action by a city council, he council retains authority over the management of a city. However, "alternate" forms of government are specifically authorized by state law and one of those is the "city manager" form of government. Cal. Gov't Code § 34851. General law cities may also, by vote of the people, exercise the option to be governed by a council of from four to nine council members "by" or "from" districts. Cal. Gov't Code § 34871 . City Council ' Registered voter Can establish unique Qualifications ■ 18 years old criteria for city office. Established criteria Resident of city must not be for 29 days discriminatory and residency See Cal. Gov't Code § requirements must not 36502. violate the privileges and immunities clause of the Constitution. Page 1 of 7 MunlUnk Thursday, February ,ft mey $D& hire, Liv rld phaffmnrd C Amendments and Repe Case Studies Characteristics Charter City Project Charter Roadmaps League of California Cities 1400 K Street Sacramento, CA 958 Main Telephone: 916.658.8200 There are no resourc for the stories in this section. h.../index jsp?displaytype=l l&zone=ilsg&section=projects&sub sec=projects charter&story=552 2/3/2005 Institute for Local Self Government - Past Projects acancies and ermination of icil Member pensation lection of Mayor nd City Council leath, resignation, ;moval for failure to erform official duties, lectorate irregularities, bsence from ieetings without ermission, vacancy pon non -retirement. Cal. Gov't Code § 1, 36502 and Salary ceiling set by city population. Voters may approve a higher salary. Reimbursemen for actual and necessary expenses incurred in performance of duties. Council Members to be provided the same benefits that are available and paid by city to it: employees. Cal. Gov't Code § Mayor may be elected by the city council or by vote of the people. See Cal. Gov't Code § 36801 City council members elected by voters. Cal. Gov't Code § Aay establish criteria :)r vacating and arminating city offices ay establish Salaries Expense reimburse Benefits rter may establish :ess for selecting Term Limits May be imposed. May provide for term See Cal. Gov't Code § limits. 2 . Legislative Ordinances may not be Imay establish method uthority passed within five days or enactment of local ..F ;..4....J....};.... . -I...... ....J;.- --....... Page 2 of 7 h.../index jsp?displaytype=l l&zone=ilsg&section=projects&sub sec=projects_charter&story=552 2/3/2005 Institute for Local Self Government - Past Projects Page 3 of 7 h.../index jsp?displaytype=l l&zone=ilsg&section=projects&sub sec=projects_charter&story=552 2/3/2005 Ui univuukA1U11, unicaa iuiiiaiww. hey are urgency ordinances. See Cal. Gov't Code § 4. Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage. See Cal. Gov't Code § 36934. II ordinances that are not urgent require three affirmative votes. See Cal. Gov't Code § 36936. Resolutions May establish rules May provide for regarding the adoption of resolution. procedure to following in adopting, amending or repealing resolutions. Quorum and Voting majority of the city May provide Requirements council constitutes a requirements for a quorum for transaction quorum. of business. See Cal. Gov't Code § 36810. Rules Governing Brown Act is applicable. Brown Act is Procedure & See Cal. Gov't Code § applicable. Decorum 54950. Conflict of interest Conflict of interest laws laws are applicable. are applicable. See May provide provisions Cal. Gov't Code § related to ethics, et seq. conflicts, campaign financing and incompatibility of office. Personnel Matters Civil service system. May establish See Cal. Gov't Code § standards, 45000 et seq. Meyers- requirements, and Milias-Brown Act, See procedures, including Cal. Gov't Code § 3500 compensation, terms applicable residence and conditions of requirements for public employment for hiring employees. personnel. Meyers-Milias-Brown lAct applicable. Contracting Authority to enter into Full authority to Services contracts to carry out contract consistent necessary functions, with charter. including those expressly granted and May transfer some of hose implied by its functions to the necessity. See Cal. county. See Cal. Gov't r ^f4- R q71 n1 Code § 51330. Page 3 of 7 h.../index jsp?displaytype=l l&zone=ilsg&section=projects&sub sec=projects_charter&story=552 2/3/2005 Institute for Local Self Government - Past Projects Public Contracts Competitive bidding required for public arks contracts over $5,000. See Cal. Pub. Cont. Code § 20162. mt of ling Wages uch contracts must t Narded to the lowest ;sponsible bidder. ee Cal. Gov't Code § city elects to be ubject to uniform onstruction accountinc rocedures, less >rmal procedures may e available for ontracts less than 100,000. See Cal. ub. Cont. Code § § 2000 et seq. & Cal. ub. Cont. Code § :ontracts for rofessional services re not subject to ompetitive bidding. 'ee Cal. Gov't Code § ;enerally prevailing ages must be paid ublic works projects ver $1,000. Exemptions to the above that do not require the payment of prevailing wages include: Public works projects of $25,000 or less involving construction work; or Public works projects of $15,000 or less when work is demolition, repair, alteration ay designated mode id method of mtracting for :rvices or public arks. of required to comply ith competitive dding statutes. May 3e own forces to -gotiate contracts, or :her means not ithorized in Public ontracts Code. of required to pay -evailing wage as ng as project is in :alm of municipal 'fairs, and not -ojects of state mcerns, or funded by ate or federal grants. Page 4 of 7 h.../index jsp?displaytype=l l&zone=ilsg&section=projects&sub sec=projects_charter&story=552 2/3/2005 Institute for Local Self Government - Past Projects Ur mannenance. See Cal. Labor Code § 1771, et seq. Elections Municipal elections conducted in accordance with the California Elections Code. See Cal. Elec. Code § 10101 et seq. of lections blic Funds for ndidates in nicipal Elections 'finance and "axing Power generally hold at -large lections whereby oters may vote for any andidate on the ballot. :ities may have district lections. See Cal. Gov't Code § 34871. rohibited from xpending public funds > fund campaigns for ublic office. See Cal. Gov't Code § 5300. lay impose the same inds of taxes and ssessment as charter ities. See Cal. Gov't :ode §37100.5. mposition of taxes and assessments subject o Proposition 218. See 'al. Gov't Code § 13734 Cal. Const. art. xamples of common )rms used in ssessment district nancing include: Improvement Act of 1911 See Cal. Sts. & High. Code § § 22500 et seq. Municipal Improvement Act of 1913; See Cal. Sts. & High. Code § §10000 ay establish election rtes, rules and ocedures. Not )und by state ection laws or recall ections, but may iopt the general ection law by ference. See Cal. onst. art. XI 5(b). ay hold at -large or strict elections. .iblic financing of ection campaigns e legal. No ohibition against cpending or ;cepting public onies to seek ective office. ave the power to tax. ee Cal. Const. art. XI ave broader ssessment powers ian a general law city, s well as taxation ower as determined n a case -by case mposition of taxes an assessments subject o Proposition 218. Cal. Gov't Code § 4 Cal. Const. art. ay enact procedural dinances for ssessment district rmation and lancing. ee J.W. Jones ompanies v. City of an Diego, 157 Cal. pp. 3d 745, 203 Cal. -44 con /AnoA% Page 5 of 7 h.../index jsp?displaytype=l l&zone=ilsg&section=projects&sub sec=projects_charter&story=552 2/3/2005 Institute for Local Self Government - Past Projects • Improvement Bond Act of 1915 See Cal. Sts. & High. Code § § 8500 et seq. • Landscaping and Lighting Act of 1972 See Cal. Sts. & High. Code § § 22500 et seq. • Benefit Assessment Act of 1982; See Cal. Gov't Code § 54703 et seq. May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal. Gov't Code § 37101. ay not impose real operty transfer tax. se Cal. Const. art. IIA.& 4; Cal. Gov't ode § 53725. But ,e authority to impose )cumentary transfer xes under certain rcumstances. Cal. ay. & Tax. Code § 1911(a), (C). 'Jou k I V Q -t J. lay impose business cense taxes for any urpose unless limited y state and federal onstitutions, or harter. See Cal. :onst. art. Xl. 6 5. May impose real property transfer tax. Does not violate Cal. Const art. XIIIA or Cal. Gov't Code § 53725. See Cohn v. City of Oakland, 223 Cal. App. 3d 261, 272 Cal. Rptr. 714 (1990); Fielder v. City of Los Angeles, 14 Cal. App. 4th 137, 17 Cal. Rptr. 2d 630 (1993). Streets & State has preempted State has preempted Sidewalks entire field of traffic entire field of traffic control. See Cal. Veh. control. See Cal. Veh. Code § 21. Code § 21. Penalties & Cost May impose fines, May enact ordinance Recovery penalties and providing for different forfeitures with a fine penalties. May not exceeding $1,000. determine maximum limit for penalties. Public May establish, Sale and distribution Utilities/Franchises purchase, and operate of electricity is a public works to furnish municipal affair. its inhabitants with electric power. See Cal. May own and operate Gov't Code § 39732 utilities, water, sewer Cal. Const. art. XI. § 9 and energy. Franchise Act of Franchise Act of 1937 1937; Cal. Pub. Util. is not applicable if Code § § 620-6302. charter provides. hAnv nrnnt frnnrhiccc to — rel—L— A—A —V Page 6 of 7 h.../index jsp?displaytype=l l&zone=ilsg&section=projects&sub sec=projects_charter&story=552 2/3/2005 Institute for Local Self Government - Past Projects ...-1 y..... ......,. .... ...,...., use city streets to JCC JCd IJ. IUD 1, U11. 764, § 6205. persons or corporations seeking to May establish Furnish light, water, conditions and power, heat, regulations on the transportation or granting of franchises communication to use city streets to services in the city persons or through a bidding corporations seeking process. See Cal. Pub. to furnish light, water, Util. Code § § 6001- power, heat, 6092 (Broughton Act). transportation or Alternatively may grant communication Franchises without a services in the city. bidding process. See Cal. Pub. Util. Code § § 6201-6302 (Franchise Act of 1937). ning oning ordinances oning ordinances a must be consistent with leneral ot required to be general plan. See Cal. onsistent with Gov't Code § 65860. plan. " Adapted from memorandum written by Elise K. Traynum; Meyers Nave 7/24/2000. last updated : 6/8/2004 Copyright ©2004 League of California Cities. All rights reserved. Privacy Policy. Page 7 of 7 h.../index jsp?displaytype=l l&zone=ilsg&section=projects&sub sec=projects charter&story=552 2/3/2005 League of California Cities Welcome to League of California Cities. Today is: Thursday, February 3, 2005 Imm"Qwn MMMEAVC k wIrl 06 atx . fHefmKor l . 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