GENERAL LAW CITY VS CHARTER CITY
FACTS:
• California Has Two Types Of Cities, General Law Cities and Charter Cities.
• A City that has formally adopted its Charter is known as a “Charter” City.
• A City that abides by the General Laws adopted by the State Legislature is known as a “General Law” City.
• San Diego County includes 18 Cities, of which:
Charter (9): Carlsbad, Chula Vista, Del Mar, El Cajon,
Oceanside, San Diego, San Marcos, Santee,
Vista
General Law (9): Coronado, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National
City, Poway, Solana Beach
• Statewide (As of January 2020, 121 of California’s 478 Cities are Charter Cities)
General Law City The authority of a General Law City is derived from the general powers granted to it by the
State Legislature and from the police powers
granted to it by the State Constitution.
Police Power: general authority to make and enforce,
within its geographical limits, all local, police, sanitary and other ordinances and regulations not in conflict
with State law.
Must be reasonably related to legitimate
governmental purpose.
Must be reasonably related to public health and
general welfare.
Charter City
“Charter” City's power is not defined or limited
by the State's General Laws. Instead, a
Charter City's powers are defined by the City's
own Charter subject only to the limitations of
the State Constitution.
The City Charter is, in effect, the City’s
Constitution and supersedes all other
inconsistent laws with respect to “Municipal
Affairs.”
Municipal Affairs – Generally Accepted:
A. Processes and Procedures Associated with City contracts B. Prevailing Wage Standards for City-Funded Projects (Projects using State or Federal Funding are still subject to State Prevailing Wage Laws).
C. Municipal Election Matters (California Voting Rights Act still applies to Charter Cities) D. Procedures for Initiative, Referendum, and Recall
E. Procedures for Adopting Ordinances
F. Compensation of City Officers and Employees
G. Financing Public Improvements
H. Making Charitable Gifts of Public Funds for Public Purposes I. Term Limits for Council Members
J. Land Use and Zoning Decisions
5 | November 21, 2023
State Legislation pre-empts a City Charter
A. Regulation of Traffic Control
B. Government Claims Act Procedures for Claims Seeking Money or Damages from the Local Government C. Ralph M. Brown Act – Open Meeting Laws
D. Meyers-Milias-Brown Act – Local Government Labor Relations E. CEQA – California Environmental Quality Act
F. Public Records Act
G. Licensing of Members for a Trade or Profession
H. Eminent Domain and Annexations
I. Conflict of Interest Laws
6 | November 21, 2023
DISTRICT ELECTIONS
• November 2022 – Electors of Districts 1 and 3 elected their City Councilmember to represent their district.
• November 2024 – Electors of Districts 2 and 4 will elect their City Council members to represent each district.
Therefore, if the City Council should decide to move forward with a Charter and the possibility of adding a Primary Election, would not be accomplished until at the earliest the Election Year of 2026. The Primary Elections are generally held in March and the Charter may not be adopted in time depending on which process is used, and ultimately still depends on the voters to approve.
Statewide Direct Primary on the first Tuesday after the first Monday in March in even-numbered years. E.G. March 3, 2026, if legislation is not changed.
Considering Primary Elections with Districts
7 | November 21, 2023
Elections Methods for Conducting Elections:
Single-Winner: One Candidate is elected
for an office that only one person can serve
on at a time. (e.g. President, Mayor)
Multi-Winner: Elections for at-large City
Council seats. (e.g. three at-large seats up
for election in a given year).
Multi-Winner System Methods:
Block Voting System: A voter can select as many candidates as there are open seats. The candidates with the greatest number of votes are elected. Single Voting System: Each voter can select one candidate regardless of the number of open seats.
Cumulative Voting System: Each voter can cast several votes equal to the number of seats up for election. A voter can allocate all of these votes to a single candidate or distribute them among several candidates.
Elections
9 | November 21, 2023
Elections Methods For Tallying Votes To Determine Electoral Outcomes
Plurality System: The Candidate who wins the largest share of votes wins the election. The majority not required.
Majority System: The candidate must win at least 50 percent of the vote.
Single-Winner Ranked-choice Voting System: Voters rank
candidates by preference on their ballots.
Single-Winner Ranked-choice Voting System: Example: Candidates A, B, and C are running for Mayor.
If a Candidate wins more than half the votes they win just like in any other election.
Elections
Candidate A Candidate B Candidate C
90 votes for First Choice 121 votes for Second
Choice
100 votes for Third Choice
Eliminated for
receiving the least
amount of votes. First
Choice votes are then
given to remaining
candidates based on
their other votes.
Add 45 votes from first
choice for a total of 166
votes
Add 45 votes from first
choice for a total of
145 votes
CANDIDATE “B” IS THE WINNER
11 |
Charter Preparation
1. Council Preparation of Charter.
2. Formation of Charter Advisory Committee.
3. Formation of a 15 member Charter Commission.
Advisory Committee has the following advantages:
The involvement of representatives of the various segments of the community in drafting the charter would bring more perspectives to the table as to what should and should not be included in the Charter.
Creating a Charter Advisory Committee would also create a set of community leaders able to take the leadership role of providing information to the voters leading up to the election. As a City Measure, the City and City Council are limited as public funds may not be used to advocate in favor of the passage or the defeat of any ballot measure; or 12 | November 21, 2023
Initiative Petition
Citizen Initiative Petition (Est. Cost $50-100K+)
• Signed by at least 15% of the Registered Voters
Currently, 27,438 Registered Voters
15% = 4,116 minimum signatures
When collecting signatures a good rule of thumb is to
collect a minimum plus 10% to account for any
discrepancies in signatures or voter information
provided.
ELECTION YEAR MEASURE TOTAL COST NOTES
November 8, 2022
Gubernatorial Election
27,454 Registered Voters
9,197 Voted (33.5%)
Measure M – To make City
Clerk Appointive
Measure N – To make City
Treasurer Appointive
District 1 Councilmember
District 3 Councilmember
Mayor
$65,055.72 Legal Noticing - $15,182.62
Registrar of Voters - $29,228
($15,105 for Measure N) ($14,121 for
Measure M)
ROV cost only
Translations - $1,012.10
Citizens’ Initiative Ballot Measure – Special
Parcel Tax for Streets/Parks
$26,911 Signature Verification Only - Ballot
Nov 2024 Election
November 3, 2020
Presidential General
Election
25,951 Registered Voters
17,412 Voted (67.09%)
Councilmembers (2)
City Clerk
City Treasurer
$101,407.69 Legal Noticing - $698.69
Registrar of Voters - $100,709
15 | November 21, 2023
ELECTION YEAR MEASURE TOTAL COST NOTES
March 3, 2020
Presidential Primary
Election
25,951 Registered Voters
8,180 Voted (31.52%)
Measure J – Pet Sales
Measure H – Shall City Clerk
and Treasurer be Appointed
$52,072.07 Legal Noticing - $3,270
Registrar of Voters - $47,000
Translations - $1,446.40
Election Code Book, Supplies - $355.67
November 6, 2018
Gubernatorial Election
24,643 Registered Voters
12,764 Voted (51.79%)
Measure W – Housing Rent
Control
Mayor
Councilmembers (2)
$62,503.63 Legal Noticing - $1,485
Registrar of Voters - $60,180
Translations - $610.00
Election Supplies - $228.63
June 5, 2018
Primary General Election
23,395 Registered Voters
6,448 Voted (27.56 %)
Measure B – Political Reform
Term Limits – Repealing
Existing three 4-year terms
Measure C – Political Reform
Term Limits – Preserve Existing
three 4-year terms
$95,423.13 Legal Noticing - $1,345.13
Registrar of Voters - $93,468
Translations - $610
Recent state law has added additional steps in the hearing process to allow adequate opportunity for public input in the process.
The development and public hearing process now requires at a minimum 90 days.
CITY COUNCIL CREATES CHARTER FOR VOTERS:
To place a Charter on the ballot, two Public Hearings must take place following an initial 21-day notice period where the meeting is noticed in three (3) different locations.
December 5, 2023: The City Council gives direction to staff to begin preparing for the process of the City Council drafting Charter.
January 16, 2024: The City Attorney and City Clerk return with a report providing a set of comprehensive instructions and legal overview of the process and timeline February 16, 2024: First Public Hearing, a draft of the Charter would need to be considered by the City Council.
March 17, 2024: The second Public Hearing is required to take place 30 days after the first hearing.
April 16, 2024: Following the second Public Hearing, the item may be set for final City Council deliberation after another 21-day waiting period.
The Legal Process
16 | November 21, 2023
May 21, 2024: City Council final deliberation and finalize Charter for Measure on ballot June 4, 2024: City Council adopts resolutions calling for and consolidating the election. The Clerk Prepares Legal Notices, Translations and documents for submittal to the ROV for the August Deadline.
November, 2024: Charter Measure placed on the ballot for voters December, 2024: Certify Election. If measure does not pass, certify election results and nothing more is done.
If measure passes, the City Clerk prepares to send to the Secretary of State for approval.
January, 2025: Training and Implementation begins for City Council, City Staff regarding changes in new processes and procedures and what it means to be a Charter City.
Once this process is completed, the City Clerk can forward the measure regarding the proposed Charter to the San Diego County Registrar of Voters (ROV). The County's deadline for the submittal of measures for the November 2024 ballot is the first part of August, if the Council is interested in putting a Charter on the November 2024 ballot the Charter must be approved by the City Council at a Regular Meeting no later than June 18, 2024 to give staff time to prepare for the ballot and submittal to the ROV. (G.C. 34458) 17 | November 21, 2023
CITY COUNCIL CREATES CHARTER FOR VOTERS CONTINUED:
Direct the City Manager, City Attorney and City Clerk to prepare the necessary steps to move forward with a Charter Advisory Committee:
January 2024: Finalize Charter Advisory Committee requirements and advertise for Applicants.
February 2024: Appoint a Charter Advisory Committee and receive Council input regarding the Charter for the Charter Committee to consider.
March 2024: Charter Committee Drafting of Charter.
April-June 2024: Two (2) Public Hearings before the City Council (Public Hearings must be held at least 30 Days apart and Notice of the Public Hearings must be Posted in Three (3) Public Places within the City at Least 21 Calendar Days before the Date of each Public Hearing). The Second Public Hearing is Required to take place 30 Days after the First Public Hearing.
June 2024: Council Hearing on whether to approve Submission of the Charter to the Voters (Must Take Place at Least 21 Days after the Second Public Hearing).
Charter Advisory Committee
18 | November 21, 2023
Elected by the voters – The City Council can call for the election or this action can be in the formation of the commission proposed by a citizen initiative. All members must be registered voter of the City (G.C. 34451) December 2023: The City Council can call for the election of a 15-member Charter Commission to be placed on the ballot of a regular general election or special election, which would be November 2024. The deadline for March 2024 is December 8, which is not enough time for the process (95 days and we have 91 days) November 2024: Questions on the ballot: Shall a Charter Commission be elected to propose a new Charter? and secondly, for the candidates for the office of Charter Commissioner. If the first question receives a majority of votes of the qualified voters, thereon at the election, the 15 candidates for office receiving the highest votes shall be organized as a commission. If the first question receives less than a majority there will be no commission.
December 2024: The election is certified and the Commission may begin to meet with staff to begin the process. The Commission has 2 years from the date of election to complete and submit a proposed charter. Once the Commission completes the proposed Charter, it is filed with the City Clerk who will then place it on the next established statewide general election provided there are at least 95 days before the election.
November 2026: The last Election the Charter could be voted on as proposed by the Charter Commission, and Charter is abolished after two-years.
If any vacancy arises in a Charter Commission, the vacancy shall be filled by an appointment of the Mayor. (G.C. 34452) 15-Member Charter Commission
19 | November 21, 2023
What is it that we want to fix
by becoming a Charter City?
20 | November 21, 2023
ADVANTAGES
ADVANTAGES OF CITY CHARTER STATUS:
• Exercise greater local control over the following “Municipal Affairs”:
• Municipal Elections
However, the courts have held that at least some portion of the California Voting Rights Act applies to charter cities.
• Fees or Compensation
• Public Works Contracting
• Support Organizations or Projects with Public Funds
• Ordinance adoption procedures
• Override any statutory limitations placed upon the levy of a business tax • Flexibility in some Planning matters, such as the number of General Plan Amendments per year. 21 | November 21, 2023
DISADVANTAGES
Although there are no actual legal disadvantages associated with the adoption of a Charter, principal factors should be considered:
• Charters’ are not as useful as they used to be with the State adopting so many laws that are of statewide significance, thereby overriding our “municipal affair” control.
• The time, effort, professional expense, and public funds required to formulate a Charter and hold the required election(s). • The transition from many years of operation under “General Law" status to “Charter City" status requires some adjustment for staff and the public.
• Increased cost for legal resources needed to conduct “Legal Test” if an issue should arise in an undefined area where Charter and General Law may differ.
• Loss of immediate benefit of new State Legislation on matters of municipal concern unless action is taken by the City Council to adopt it. CHARTER AMENDMENTS RETURN TO THE VOTERS – the timing for the next Regular Election could delay a process or an opportunity.
• Transitions to Districts have undermined the need for Primary Elections, which limits the amount of candidates vying for each seat. If only 2 candidates for a seat, primaries aren’t helpful. 22 | November 21, 2023
Once A Charter Is Adopted – Future
Costs Are Incurred And Ongoing
Adopting a City Charter involves extensive community action, either in support of a measure presented by the people or in response to one proposed by the City Council. This time-consuming process may divide a community even more than district elections.
On-going costs that will be incurred above a General Law City would incur after the Charter adoption. These included costs associated with the following:
Training staff on new processes and procedures on what it means to be a Charter City. Implementing required procedural changes including adopting ordinances and amending NCMC. If public contracting is addressed in the charter and new bid thresholds are established, contract documents and bid packets will need to be updated.
Any Financial or accountability procedures will require changes in procedure/policies by the Finance Department. Any personnel, civil service, or labor relations changes will require changes to existing processes, procedures, and rules and may require a meet-and-confer process with recognized employee associations. Lawsuits arising from exercising Charter powers.
All Charter Amendments and repeals, including those mandated by changes in the law, require an election. 23 | November 21, 2023
Ongoing
Challenges
Some areas that seem to consistently withstand a
challenge:
o Municipal Organization: The form of government and
sub-government.
o Spending Local Funds: How a Charter City decides
to use its own tax dollars.
o Elections: Timing, Qualifications, Balloting, etc.
o Salary and Benefits (including Retirement): City
Council, other officers and employees
QUESTIONS?
25 | November 21, 2023