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HomeMy WebLinkAbout1973-10-02; City Council; 2172; Report from CICTHE CITY , F CARLSBALi,CALIF' ORNIA Agenda Bill No. £.1*73^ -Deferred To: Date: October 2, 1973 Subject: Report from CIC Submitted By : City Clerk Statement of the Matter This is a report from the Ad Hoc Charter City Committee and their recommendations. Exhibit Letter from Chairman, Jane N. S.kotnicki, dated September 26, 1973Report from Ad Hoc Charter City Committee Staff Recommendations AB No. Date. City Manager's Recommendation Council Action 10-5-73 Council considered the recommendations of the Ad Hoc Committee and referred the matter back to the committee with a request the committee make presentation at a public hearing after the 15th of November (special meeting). The Council also expressed keen appreciation for the efforts and recommendations of the commi ttee. _ 9 _ ™ DATE: FEBRUARY 12, 1974 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: CITY CHARTER Some time ago I was requested to investigate and report on the steps necessary to adopt a City Charter. The two alternative procedures for adopting a charter, as outlined in the League of California Cities, "Charter or General Law City?" are as follows: 1. The first alternative allows the City Council to call for an election to choose a 15 member Charter Commission. This may also be accomplished by a petition signed by a minimum of 15% of the registered voters. The 15 candidates receiving the highest number of votes at this election are charged with preparing a charter for submission to the electorate. 2. Using the second alternate, the City Council, itself, would propose a charter and submit it to the voters. In either case the charter requires a majority vote of the electorate, after which it is submitted to the State Legislature for approval of both Houses. Amendments to the charter nay be proposed by the City Council or by a petition of 15% of the registered voters. The second alternative, in which the City Council would propose a charter itself, appears to be the more desirable method. In either case the Council should be prepared to fund the preparation with additional staff or by retaining a con- sultant. The League publication earlier referred to, as well as the Citizens' Involvement Committee Report, present the advantages and disadvantages. These will not be reviewed here but it is suggested you review this material prior to proceeding on this matter. Page 2 February 12, 1974 Subject: City Charter Several of you have asked about the control the City would have over school boundaries under a charter. This matter has been reviewed with the legal offices of the San Diego City School District, the Superintendent of County Schools and with our City Attorney. There appears to be nothing in the law which gives a CharterCity control over school boundaries. If you wish to discuss this matter further, I will be happy to discuss it with you individually, or you may wish to raise the matter under the "Council Report"section of the agenda. Mil and place lt PAUL D. BUSSfiY City Manager PDB.-ldg WRITE IT—DON'T SAf IT INTER-DEPARTMENT MEMORANDUM TO City Clerk DATE 2-13-74 19 A. M. P. M. Continue to hold pending further direction from the City Council in response to a memo sent them 2-13-74. REPLY ON THIS SHEET FROM city Manager WILMER "SERVICE"STANDARD LNTEH DEPT. MEMO. FORM 1 1-24 September 26, 1973 TO i City Council FROMi Community Involvement Committee The Community Involvement Committee hereby presents to you the report of the Ad Hoc Charter City Committee. The ad hoc committee recommended that the City Council initiate the process of getting a charter for Carlsbad and our members agreed unanimously. We feel that Carlsbad's problems with population growth, schools and inflation could be more efficiently handled under a charter. A charter would also serve to educate and involve our citizens. Sincerely yours, Jane N. Skotnicki Chairman, CIC me June 7, 1973 From: Anthony J. Skotnicki To: Chairwoman, Community Involvement Committee Subj: Report on the Charter City -*•• Background. In July, 1972 I accepted your invitation to form a citizen;s committee to study the desirability of a charter for the city of Carlsbad. In its final makeup the committee consisted of the following members: Mr, & Mrs. Oliver Carlson H.J. Hunter David Thompson Cleona O1Bryant Fred Harris John McGill Emily Wheatley James S. McAlister At the first session I was elected to head the committee. 2. Problem and Scope of Study. a. We defined our problem as. follows: ..-to determine what significant advantages might accrue through conversion to a charter form of government. b» Five broad areas of city government were selected for investigation: the Council; the City Staff; City Planning; Financial Powers; and Direct Democracy. No attempt v/as made, or considered necessary at this point, to produce a study in depth. Principal sources included the General Lav;, the National Municipal League Model City Charter (6th Edition), existing charters and interviews with members of the Council, City Staff, and the Planning Commission, 3, Broad Distinction, A General Lav/ city looks to the U. S. Constitution,^he State Constitution, and state lav/ to determine if it may or may not take a particular action. A charter city looks to its charter. The charter must conform to the U.S. and State Constitutions. It may not encroach on areas preempted-by the State but is otherwise free to regulate local affairs. 4» Advantages of a Charter, a. Both types of city governments have broad powers, but of the two, charter cities have broader powers and greater flexibility. The State Constitution allows a charter city to have almost unli- mited authority to insert almost any power or restriction in its charter. The broad grant of power, the fact that the charter must be approved by the people as v/ell as the state legislature, and the fact that the people may amend the charter, enables a city oorui i;o cha_Ag= more effectively. ID* The structure of the government, its powers and limi- tations of powers can all "ba contained in a single document available to all. Knowledge of our government becomes readily accessible and encourages the citizens to "become better informed. c. A charter provides direct control "by local citizens .over all aspects of city government. (1) The city may choose the mayor-council, strong mayor- council, or city manager form of structure or any other. ( 2) In its internal organization, the charter may estab- lish specific departments, if desired, or leave that for the Council and city administrator. Department heads may elected, appointed, hired, fired, or revoked as the people may direct. (3) Subject to the California Elections Code, a charter may provide for manner of elections, the term of office, and procedures for removal. (4) Under a charter the city would have flexibility in the field of taxation. It wou^d, for example, Have the capability to levy alsales and use:-tax, as well as -other: excise taxes, which authority general law cities do not have except as it flows to them from enabling legislation by the state. It could expand and liiait indebtedness as desired. ( 5) Special districts could be provided for and estab- lished. Boundaries of such districts could be made co-terminus with city boundaries and thus eliminate some existing confusion and inefficiencies. (6) Broad goals for the development of the city and the basic philosophy for government could be made part of local law and thus provide foundamental guidance for elected and appoint- ed officials. 5. Disadvantages of a Charter. a. Opponents of charters point out that charter cities are subject to more law suits. Charter provisions have been challenged in the courts, v/hereas much of the general laws governing cities have already been court-tested. b. The tendency to place undue restrictions im a charter has been noted. This, of course, reduces the flexibility of city government. c. Charter amendments are time-consuming and costly. o. Conclasiona. The question of a charter lor the city shouTa oe" talcen up at this time for the following reasons: a. Our city government is under stress due to the rapid growth in population, rising costs, highest water rates in the county, an impending school crisis and numerous other problems. All of these are essentially local problems. They would be more manageable with greater local control. b. Temporary solutions, postponed actions, lack of uni- form policies, and uncontrolled development coitld conceivably destroy what the community most values. c. Anticipated growth indicates more severe problems in the future. Since the development and adoption of a charter takes tine, it essential that action be taken now if the benefits of local control are to be available at a raost crucial time. d. A charter will encourage citizen participation and build civic pride, ingredients which are presently lacking in the community and without which Carlsbad cannot achieve the potential it possesses. 7. Recommendations. We recommend: a. That the citizens of Carlsbad adopt the charter form of government. b. That the City Council by their motion, after public hearings, appoint a broadly-based 15-member commission to draft a proposed city charter. c. That the charter as drafted by the commission be submitted directly to the voters without revision by the City Council. d. That a proposed charter be submitted to the voters no later than September, 1974. e. That, if no action has been taken by the City Qouncil within 60 days after submission of a proposal by the CIC to effect the recommendation in subparagraph b. above, the CIC launch an initiative to establish a charter commission. 8. Additional Information. Recognizing that the foregoing report is brxef and general, I enclose a manuscript of the brief presented at a Town Hall meeting conducted by the CIC on June 7, 1973. The opinions contained in that enclosure are my own. it is h.O'oed that it will provide some more specific advantages of I a charter in the context of the present situation in Carlsbad, The members of this committee will be provided copies of this report so that they may submit to you such additional information,-^ they desire. MEMORANDUM TO: THE CITY COUNCIL FROM: COUNCILMAN GLENN E. McCOMAS SUBJECT: CITY CHARTER Should the City Council offer the voters of Carlsbad a City Charter? I believe the Council should do precisely that, for the following reasons: 1. The charter form of government is the only alternative to general law government. That fact, in and of its own weight, is relatively unimportant. What is impor- tant is that a charter city does have broader based capabilities than does a general law city for control of municipal affairs. The authority to make and enforce ordinances and regulations governing municipal affairs is conferred to charter cities by the consti- tution of the State of California (Art. XI, Sec. 5). 2. The specific charter of a city must be accepted by the voters. This is a requirement of law. The very fact that the people of the community do have the right to choose between the general law and charter government places this most basic decision in the hands of the voters, exactly where the issue should be decided. In my opinion, the City Council is the proper entity to initiate, review, and ultimately finalize a charter for presentation to the people via the ballot. 3. The fact that the charter form of municipal government does offer more local control, and does place more alternatives within the reach of the local voting public is,in my opinion, more than sufficient reason for the City Council to direct and oversee the prep- aration of a proposed city charter. I believe the initial responsibility for a proposed charter rests with the City Council. If the Council leads the way and ultimately produces a sound charter, utilizing citizen input, then the community will have been well served - regardless of the final result of any charter election. In addition to the heretofore stated reasons for a Council initiated proposed charter, there is one more basic reason. Tha't reason, as simply as I can state it, is that democracy is the name for people government, by, for and of the people. To keep it so, I believe it is incumbent upon each and every governmental entity to do all within its power to enhance the abilities and the capabilities of the governed to partic- ipate to the maximum in the governing process. And while I fully recognize the fact that lay people, in their majority actions do err, I believe that errors of a majority are ultimately corrected by the same majority to the public benefit Let's continue to give ourselves that kind of opportunity. GLENN. E. McCOMAS GEM:vs -2-