HomeMy WebLinkAboutAgenda Report - June 21, 1995 (61)� of
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Report on Charter Provisions
MEETING DATE: June 21, 1995
PREPARED BY: City Attorney
RECOMMENDATION: Request for direction.
BACKGROUND: The Council had requested a comparative analysis of some charters
of other cities comparable to Lodi. Attached is a brief analysis of 9
other cities. These are on transparencies for the overhead projector
if Council desires. Short summaries, with recommendations as to inclusion in a Lodi City Charter, are
included.
FUNDING: N/A
Respectfully submitted
ok? Blatt , .
J n Stovall p
City Attorney
APPROVED:
THOMAS A. PETERSON
City Manager
CC -1
The Council had requested a comparative analysis of some charters of other cities comparable in size to Lodi. We have reviewed the charters of Cerritos,
Santa Cruz, Napa, Palo Alto, San Marcos, Roseville, Merced, Arcadia, and Petaluma. The following are tables showing certain general comparisons.
TYPE OF PROVISION COVERED IN CHARTER
CITY
GENERAL
(Name,
Incorporation
Date, etc.)
FORM OF
GOVERNMENT
PROVISIONS RE
ELECTED
OFFICERS/
MEETINGS, ETC.
PROVISIONS RE
APPOINTED
BODIES
PROVISIONS RE
ELECTIONS
PROVISIONS RE
FISCAL MATTERS
(Budgets, public works
contracts, etc.)
CERRITOS
X
C -M
X
X
X
X
SANTA CRUZ
X
C -M
X
X
X
X
NAPA
(Unknown)
(Unknown)
X
(Unknown)
X
X
PALO ALTO
X
X
X
X
X
SAN MARCOS
X
X
SAN MARCOS
X
ROSEVILLE
X
C -M
X
X
X
X
MERCED
X
C -M
X
X
X
X
ARCADIA
X
C -M
X
X
X
X
PETALUMA
X
C -M
X
X
X
X
TYPE OF PROVISION COVERED IN CHARTER
CITY
FRANCHISE
PROVISIONS
RE
EMPLOYEES
SCHOOLS
PUBLIC
UTILITIES
CERTAIN
PROVISIONS
RELATING
TO BONDS
COMPULSORY
ARBITRATION
OF DISPUTES
RENT
CONTROL
CERRITOS
X
SANTA CRUZ
X
X
X
NAPA
X
X
(Unknown)
X
X
PALO ALTO
X
X
SAN MARCOS
X
X
ROSEVILLE
X
X
MERCED
X
X
X
ARCADIA
X
X
X
PETALUMA
X
X
X
These are all the City Charters we had received from our request for copies at the time of preparing this Council communication. We do have copies of
all these charters, except that Napa left pages out of theirs, so it Is not complete. We will attempt to answer any questions.
WHAT DO THESE GENERAL HEADINGS MEAN.
GENERAL: These are such things as name and boundaries of the city, continuance of existing ordinances, rights,
contracts, employees.
8 of 9 have this.
RECOMMENDED FOR LODI? Yes
FORM OF A statement that the City Is a council-manager form of government.
GOVERNMENT:
6 of 9 have this. Some (e.G., Palo Alto) have C -M form of government, because the charter has
provisions relative to selection of city manager, but simply don't make the statement.
RECOMMENDED FOR LODI? Up to committee; probably unnecessary
PROVISIONS RE
ELECTED/
OFFICERS/
MEETINGS, ETC. These are such things are constitution of council, eligibility, variances, duties of mayor, time and
place of meetings, method of ordinance enactment.
8 of 9 have this. Some more, some less.
RECOMMENDED FOR LODI? Up to committee; probably unnecessary, as can be handled by code,
ordinances unless wish to change basics, e.g., number of council.
PROVISION RE
APPOINTED
BODIES : These are such things as details of how members will be appointed to boards, commissions, or
committees, and which boards, commissions, or committees these will be.
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7 of 9 have these. Some are quite detailed, listing board, commissions, etc., detailing quorum
requirements and so forth. Others are, we believe preferably, more general, saying something like
"unless otherwise provided by state law, the council shall appoint such commissions as it deems
necessary, and shall establish membership qualifications and rules of order."
RECOMMENDED FOR LODI? Up to committee, but would suggest, if adopted, the broader, more
flexible form.
PROVISIONS
RE ELECTIONS: These are provisions covering when elections will be held, whether at -large or by district, and so forth.
8 of 9 have these. Every one of them simply refers to and incorporates the general election laws of
the state.
RECOMMENDED FOR LODI? Yes, in the simple form of reference to the state laws, so as to avoid
uncertainty.
PROVISIONS RE
FISCAL
MATTERS: These are complex provisions, and in some cases they are spread throughout the charters, in different
sections. All 9 cities have some provisions. These range from details of the budget procedure [did
you know that there is no state law requiring you to have a budget?], to procedures for contracts on
public works [the prevailing wage issue comes 'in here], to audit requirements, to accounting control
on purchases, to leasing city property, or creation of special funds, and so forth. Some are quite
detailed, some are more general, and simply allow the council to "create, by ordinance, procedures
for."
RECOMMENDED FOR LODI? Generally, yes. The prevailing wage issue is an example of
something that may need to be addressed. What is considered is up to the committee. I would
recommend it be left flexible and simple.
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PROVISIONS RE
FRANCHISES: Again, all 9 cities have some provisions relating to franchises. These specify the procedure for
granting franchises, and in some cases, terms of franchises. Some are very general: E.g., Napa: The
City of Napa may grant... franchises as may be by ordinances enacted by the City Council." Others
are more detailed.
RECOMMENDED FOR LODI? Up to the Committee.
PROVISIONS RE
EMPLOYEES: 6 of 9 cities have specific articles. (Note: all have some reference to specific employees, such as City
Attorney, or, where not elected, City Clerk. The provisions under this topic are broader.) Some
create civil service systems; some detail powers of department heads to hire and fire, some create
personnel boards and administration systems.
RECOMMENDED FOR LODI? Up to the Committee, but I caution that this should be approached
gingerly, as you will normally want to leave as much control as you can in the Council and the City
Manager, and not fix in the charter details which may later be troublesome.
MISCELLANEOUS
PROVISIONS: 4 of 9 cities have provisions relating to Boards of Education and/or control of schools. Cities have
unique provisions relating solely to an individual city ... i.e., compulsory arbitration of disputes, rent
control, parking revenue bonds, and public utilities. This last is in Napa's charter, and provides that
the City has power to acquire, own and operate any or all public utilities, and that all income
therefrom is devoted exclusively to the operation and maintenance of the particular utility from which
it is derived.
RECOMMENDED FOR LODI? None of these, but the Committee may have other special items.
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