DRAFT CHARTER – TOWN OF ATHERTON
PREAMBLE
We the people of the Town of Atherton declare our intent to restore to our community the historic principles of self-governance inherent in the doctrine of home-rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this 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 Town of Atherton.
Article I - MUNICIPAL AFFAIRS: GENERALLY
Section 100. Municipal Affairs. The Town shall have full power and authority to adopt, make, exercise, and enforce all legislation, laws, and regulations and to take all actions relating to municipal affairs, without limitation, which may be lawfully adopted, made, exercised, taken or enforced under the Constitution of the State of California. Without limiting in any manner the foregoing power and authority, each of the powers, rights, and responsibilities set forth and described in this Charter, and as established by the Constitutional, statutory, and judicially defined law of the State of California, is hereby declared to be a municipal affair or concern, the performance of which is unique to the benefit and welfare of the citizens of the Town of Atherton. Additionally, an intent of this Charter is to allow the City Council and the voters to exercise the maximum degree of local control over land use matters within the Town.
Section 101. Interpretation. The language contained in this Charter is intended to be construed broadly in favor of the exercise by the Town of its power to govern with respect to any matter which is a municipal affair.
Section 102. Residential Character of Town. The provisions of this Charter shall recognize and require preservation of the Town’s character as a scenic, rural, thickly wooded predominantly residential community with abundant open space.
Article II – FORM OF GOVERNMENT
Section 200. Council-Mananger. The municipal government established by this Charter shall be in the form of a “Council-Manager” form of government. The City Council shall establish the policies of the City and the City Manager shall carry out such policies.
Section 201. City Council. The Council shall be comprised of five (5) Councilmembers and shall be the legislative body of the Town. Councilmembers shall serve without compensation, except that they be reimbursed for expenses arising from Town business, such as attendance at approved out-of-town meetings or conferences. No former Councilmember may hold any compensated appointed Town position or regular Town employment until at least one (1) year after the being out of the office of Councilmember.
Section 202. Mayor, Vice Mayor. The City Council shall, at its first regular meeting in December succeeding its election, elect from its members a Mayor to preside at meetings of the Council and to be recognized as head of the Town government for all ceremonial purposes, and a Vice Mayor to act as Mayor in the absence of or disability of the Mayor. Other than administrative duties set forth in the Municipal Code, the Mayor and Vice Mayor shall have no additional powers or authority different from other members of the City Council.
Section 203. Legislation. In addition to other acts required by law to be done by ordinance, acts which provide for the following shall be done by ordinance:
(a) Provide for a criminal or civil penalty, or adopt any rule or regulation violation of which results in a criminal or civil penalty.
(b) Levy any tax.
(c) Regulate the use of property or regulate conduct of persons.
No ordinance shall be passed without receiving the affirmative vote of at least three (3) Councilmembers.
Ordinances and resolutions need not be read either in whole or part prior to their adoption unless otherwise required by law.
Section 204. City Manager. There shall be a City Manager who shall be the chief administrative officer of the Town. The Council shall choose the City Manager without regard to political consideration and with reference solely to qualifications for the office. The procedure for appointment and removal of the City Manager, and the scope of authority and the job duties and responsibilities shall be as set forth by Ordinance in the Atherton Municipal Code.
Section 205. Interference with City Manager. Neither the Mayor nor any Councilmember shall interfere with the execution of the powers and duties of the City Manager, and the City Manager shall take his or her direction from the City Council as a whole and based on policy created in a public meeting. Except for purposes of inquiry, the Mayor and Councilmembers shall deal with the Town employees, contractors, and staff solely through the City Manager, and neither the Mayor nor any Councilmember shall give any order or instruction to any subordinate of the City Manager.
Section 206. City Attorney. There shall be a City Attorney appointed by the City Council. The City Attorney shall have been licensed to practice law in California for at least 5 years next preceding appointment and shall have been in actual practice in the field of public agency law, preferably municipal law, for at least the last 3 years. The City Attorney shall be the legal advisor to the City Council, all other Town officials, boards and commissions Article III – REVENUE AND FINANCE
Section 301. Public Financing. The Town shall have the power to establish standards, procedures, rules or regulations related to financing of public improvements and services.
Section 302. Utility Franchises. The Town shall have the power to adopt any ordinance providing for the acquisition, development, or operation by the Town of any public utility, or any ordinance providing for the granting of a franchise to any public utility not owned by the Town which proposes to use or is using Town streets, highways or other rights-of-way.
Section 303. Enterprises. The Town shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose.
Section 304. Contracts. The City Council shall have the power to establish standards, procedures, and rules or regulations pertaining to all aspects of the award and performance of contracts, including contracts for the construction of public works and public improvements, including, but not limited to, compensation paid for performance of such works. The provisions of the Public Contract Code shall not automatically apply to Town contracts unless specified by ordinance or unless called for in bid specifications or request for proposals. The Town shall have the power to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works contract, including, but not limited to, the compensation rates to be paid for the performance of such work.
Section 305. Reductions Prohibited. Any revenue raised or collected by the City Council shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government.
Section 306. Mandates Limited. No person, whether elected or appointed, acting on behalf of the Town shall be required to perform any function which is mandated by any other level of government unless and until funds sufficient for the performance of such function are provided by the mandating authority.
Section 307. Financial Resources. It shall be the duty, obligation, and responsibility of the City Council to develop plans and programs, provide adequate financial resources for, and to implement fully such plans and programs as are necessary to accomplish the duties and obligations set forth in this Charter and in State and Federal laws.
Section 308. Prevailing Wages. Unless required by law, the Town retains the right to not require payment of prevailing wages on public works projects when the City Council finds it is in the best interests of the Town and the project in question constitutes a municipal affair and is not funded by state or federal grants.
Article IV - General Laws
Section 400. General Law Powers. In addition to the power and authority granted by the terms of this Charter and the constitution of the State of California, the City shall have the power and authority to adopt, make, exercise and enforce all legislation, laws and regulations and to take all actions and 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.
Article V - Interpretation
Section 500. 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 501. 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.