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HomeMy WebLinkAbout1975-03-18; City Council; 3223-2; City Charter considerationTHE CITY O F CARLSBAD,C A L I F' O R U I A Agenda Bill No.Date: March 18. 1975 Referred To: Subject: CITY CHARTER CONSIDERATION Submitted By: City Manager Statement of the Matter On several occasions the City Council has reviewed the matter of establishing a Charter for the City of Carlsbad. The last instructions to the staff from the Council was to obtain a copy of the proposed Charter for the City of Davis. The Council also instructed staff to contact Professor Eugene C. Lee of the University of California at Berkeley concerning his views relative to the advantages and disad- vantages of city charters. .The Davis Charter has been obtained and copies distributed to the Council. Dr. Lee has been contacted and has indicated that he would not be available to discuss the matter with the Council. At the March 4, 1975 meeting, Councilman Skotnicki requested that this matter again be placed on the agenda. Exhibit Staff Recommendations to the City Manager A3 No .Date: Marr-h 18. 1 Q75 City Manager's Racommendation Council'Action 3-19-75 No action was taken. Cmn. work session discuss goals taken to proceed. • . Chase suggested the Council at a future for the City prior to any action being. -2- HOWARD L. REESE CITY MANAGER CITY OF DAVIS 226 F STREET DAVIS. CALIF. 95016 <8I6) 756-3740 PROPOSED CHARTER OF THE CITY OF DAVIS PROPOSED BY THE CITY COUNCIL OF THE CITY OF DAVIS TO BE SUBMITTED TO THE ELECTORS OF THE CITY OF DAVIS ON » MARCH 4, 1975 TABLE OF CONTENTS ARTICLE I Section 101 Section 102 Section 103 ARTICLE II Section 201 Section 202 Section 203 Section 204 Section 205 ARTICLE III Section 301 Section 302 ARTICLE IV Section 401 Section 402 Section 403 Section 404 Section 405 NAME, BOUNDARIES, AND SEAL Name Boundaries Seal SUCCESSION Rights and Liabilities Ordinances and Regulations Continued in Effect Rights of Officers and Employees Preserved Continuance of Contracts Pending Actions and Proceedings POWERS OF THE CITY Powers of the City Procedures. Incorporation of General Law MAYOR AND CITY COUNCIL Powers Vested in City Council City Council. Composition and Terms Mayor Vacancies in Office Change in Composition, Terms of Office and Method of Selection (i) Section 406 Section 407 Section 408 ARTICLE V Section 501 Section 502 ARTICLE VI Section 601 ARTICLE VII Section 701 Section 702 Section 703 Section 704 ARTICLE VIII Section 801 Section 802 Section 803 Section 804 ARTICLE IX Section 901 Section 902 Section 903 Section 904 ARTICLE X Section 1001 Compensation and Expenses Meetings Ordinances CITY MANAGER Appointment". Qualifications. Compensation Powers and Duties CITY ATTORNEY Appointment GENERAL ADMINISTRATION Administrative Departments Administrative Employees Personnel System . Retirement ELECTIONS General Municipal Elections Special Elections Initiative, Referendum and Recall General Procedures FRANCHISES Granting of Franchises Grant in Lieu of Other Franchises Exercising Rights Without Franchise Eminent Domain REVENUE BONDS / Authority to Issue Revenue Bonds (ii) ARTICLE XI MISCELLANEOUS Section 1101 Severability Section 1102 Violations Section 1103 Effective Date (iii) ARTICLE I NAME, BOUNDARIES, AND SEAL Section 101. Name. The municipal corporation now existing and known as the City of Davis shall remain and continue to exist as a municipal corporation organized and existing pursuant to the Constitution of the State of California, and shall continue to be known as the "City of Davis." Section 102. Boundaries. The boundaries of the City of Davis shall be the boundaries of the City existing at the time this Charter takes effect, and as such bounda- ries may be changed thereafter in the manner prescribed by law. Section 103. Seal. The City shall .have an official seal which may be changed from time to time by ordinance. The official seal existing at the time this Charter takes effect shall continue to be the official seal of the City until changed by ordinance. ARTICLE II SUCCESSION Section 201. Rights and Liabilities. The City shall remain vested with, and continue to hold, own, and control, all rights and property of every kind and nature owned or controlled by it at the time this Charter takes effect, and it shall be subject to all its debts, obliga- tions, contracts and liabilities. Section 202. Ordinances and Regulations Con- tinued in Effect. All lawful'ordinances, resolutions, rules and regulations of the City in effect at the time this Charter takes effect and not in conflict or incon- sistent with the provisions of this Charter are hereby continued in full force and effect until the same have been duly superseded, repealed or amended. Section 203. Rights of Officers and Employees Preserved. All officers and employees of the City at the time this Charter takes effect shall.continue to hold the same offices and positions of employment until the election or appointment and qualification of their successors, and shall continue to perform the duties of their respective offices upon the same terms and conditions provided by existing ordinances, resolutions, rules and regulations, until the same have been duly superseded, repealed, or f amended. Section 204. Continuance of Contracts. All contracts entered into by the City or for its benefit prior to the effective date of this Charter and then in effect, shall continue in full*force and effect according to their terms. -2- Section 205. Pending Actions and Proceedings. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, by or against the City or any officer, employee, department or agency thereof shall be affected by the adoption of this Charter. ARTICLE III POWERS OF THE CITY Section 301. Powers of the City. The City shall have all the powers granted to municipal corporations and to cities by the Constitution and general laws of the State, and all the powers necessary to, implied in, or incident to such powers. The City shall have the right and power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions arafi limitations provided in this Charter and in the Constitution of the State of California. The City is further authorized to exercise and act pursuant to all rights, powers, privileges and pro- cedures heretofore or hereafter established, granted or pre- scribed by any law of the State or other lawful authority, subject to such restrictions and limitations as may be con- tained in this Charter. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions, -3- Pursuant to the provisions of the Constitution of the State of California the City shall have the power to provide for, subject only to the limitations of this Charter, the constitution, regulation and government of the City police force, sub-government in all or any part of the City, the conduct of City elections, and the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensa- tion is paid by the City shall be elected or appointed, and for their removal, and for their compensation, and for the number of deputies, clerks and other employees, and for their compensation, method of appointment, qualifications, tenure of office and removal. Section 302. Procedures. Incorporation of General Law. The City shall have the power to and may act pursuant to any procedure established by any law of the State, and to incorporate the provisions, or any portion thereof, of the State law applicable to general law cities. ARTICLE IV MAYOR AND CITY COUNCIL Section 401. Powers Vested in City Council. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. -4- Section 402. City Council. Composition and Terms. There shall be a City Council of five members elected by the qualified voters of the City at large. Each member of the City Council shall serve for a term of four years and until his or her successor qualifies. Members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of the respective terms for which they were elected and until their respective successors are elected and qualified as provided in this Charter. Unless otherwise pro- vided in this Charter, the laws applicable to the qualification, nomination and election of members of a City Council in general law cities shall be applicable to the election of members of the City Council in the City. Section 403. Mayor. The City Council shall meet after each general municipal election on the date prescribed by law for the canvass of returns and the installation of newly elected officers by general law cities, and shall appoint one of its members as Mayor, and one of its members as Mayor Pro Tempore. The Mayor shall preside at the meetings <• of the Council. If the Mayor is absent or unable to act, the Mayor Pro Tempore shall serve until the Mayor returns or is able to act. The Mayor Pro Tempore when serving as Mayor has all of the powers and duties of the Mayor. The Mayor shall exercise such duties as may be prescribed by ordinance. -5- Section 404. Vacancies in Office. A vacancy on the City Council shall be filled by appointment by the City Council within thirty (30) days from -the date the office becomes vacant, or the City Council shall immediately cause an election to be held to fill the vacancy. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent. Section 405. Change in Composition/ Terms of •Office and Method of Selection. Notwithstanding any other provision of this Charter, the composition of the City Council, the method by which and the terms for which, the Mayor and members of the City Council shall be selected, and vacancies in those offices shall be filled, may be changed as provided by law for general law cities. Section 406. Compensation and Expenses. Members of the City Council in office at the time this Charter becomes effective shall continue to receive compensation at thei rate in effect at that time, until such rate of compensation ' is changed as hereafter provided. Compensation of members of the City Council shall be established by ordinance at the same rate and in the same manner provided for general law cities of the same population, provided that such compensation may be increased beyond such amount or decreased below such amount by an affirmative vote by the majority of the electors of the City voting on such question at any municipal election. In -6- addition thereto, members of the City Council may be reim- bursed for actual and necessary expenses incurred in the performance of official duties. Section 407. Meetings. A. Regular Meetings. The City Council shall hold regular meetings at least once each month at a time and place fixed by ordinance. Meetings of the Council shall be held within the corporate limits of the City and shall be open to the public unless otherwise provided by law. Any regular meeting of the City Council may be ad- journed to a date specified in the order of adjournment and when so adjourned the adjourned meeting is a regular meeting for all purposes. A majority of the City Council shall constitute a quorum for transaction of business. Less than a majority may adjourn from time to time and compel attendance of absent members in the manner prescribed by ordinance. If all members of the City Council are absent from any regular meeting, the City Clerk shall declare the meeting adjourned to a stated day and hour and shall cause a written notice of the adjournment to be delivered personally to each member of the Council at least three hours before the adjourned meeting. B. Special Meetings. A special meeting may be called at any time by the Mayor, or any three members of the City Council. The call and notice shall specify the -7- time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. Section 408. Ordinances. Ordinances shall be in the same form and enacted in the same manner prescribed by law for ordinances of general law cities, unless other- wise provided by ordinance. ARTICLE V CITY MANAGER Section 501. Appointment. Qualifications. Compensation. There shall be a City Manager who shall be appointed by the affirmative vote of. a majority of the members of the City Council and who shall serve at the pleasure of the City Council. The City Manager shall be appointed solely on the basis of his or her executive and administrative quali- fications. At the time of appointment, the City Manager need not be a resident of the City or the State but shall establish residence within the City within six months after appointment, f unless for good cause shown such period is extended by the City Council, and shall thereafter maintain residence within the City during tenure of office. The City Manager shall be paid a salary fixed by the City Council, which salary shall be commensurate with responsibilities of the office. The City Manager may be removed at any time by the affirmativei vote of a majority of the members of the City Council. -8- Section 502. Powers and Duties. The City Manager "shall be the Chief Administrative Officer of the City. The City Manager shall be responsible to the City Council for the administration of the affairs of the City and shall perform such administrative duties as are specified in this Charter or as may be required by the City Council. ARTICLE VI CITY ATTORNEY Section 601. Appointment. There shall be a City Attorney who shall be appointed by the affirmative vote of a majority of the members of the City Council, and who shall serve at the pleasure of the City Council. A person appointed to the office of City Attorney need not be a resident of the City at the time of appointment but shall establish residence within the City within six months after appointment/ and shall thereafter maintain residence within the City during tenure of office. The City Attorney may be removed at any time by an affirmative vote of a majority of the members of the City Council. ARTICLE VII GENERAL ADMINISTRATION Section 701. Administrative Departments. The City Council shall provide by ordinance or resolution for -9- the organization and operation of the offices and departments of the City established by this Charter, and may provide for the creation and establishment of such additional departments, offices and agencies as may be required for the proper admi- nistration and conduct of City affairs, and for their consoli- dation, alteration or abolition. Section 702. Administrative Employees. Except as otherwise provided in this Charter all administrative officers and employees shall be appointed by the City Manager, or by such other officers or employees in whom appointing authority is vested by ordinance. Section 703. Personnel System. The City Council shall by ordinance establish a personnel merit system for the selection, employment, classification, advancement, suspension and discharge of those appointive officers and employees who may be included in the system. The ordinance shall designate which offices and departments and which officers and employees are to be included within the system. The personnel system adopted by ordinance and existing at the time this Charter takes effect shall continue in effect until changed by ordinance. Section 704. Retirement. Authority and power are hereby vested in the City to provide a retirement system for its officers and employees, and to exercise any authority granted, permitted or required under the provisions of the Public Employees Retirement Law, as it now exists or may -10- hereafter be amended, to enable the City to continue as a contracting city under the Public Employees Retirement System, until such time as the existing contract may be terminated as provided by the Public Employees Retirement Law. ARTICLE VIII ELECTIONS Section 801. General Municipal Elections. General municipal elections held for the purpose of electing members of the City Council and for such other purposes as the City Council may prescribe shall be held on the same date and in the same manner prescribed by law for general municipal elections in general law cities. Section 802. Special Elections. Special municipal elections may be called and held in accordance with, and in the manner provided by, State law governing elections in general law cities. Section 803. Initiative, Referendum and Recall. The people of the City reserve to themselves the powers of initiative, referendum and the recall of elected officials, to be exercised in accordance with, and in the manner pro- vided by, State law governing general law cities. Section 804. General Procedures. Except as otherwise provided in this Charter ,and except as may other- wise be provided by ordinance enacted by the City Council -11- and not inconsistent with the provisions of this Charter, "all municipal elections shall be held/ conducted and other- wise governed by the provisions of the Election Code of the State of California, as the same now exists or may here- after be-amended, governing municipal elections. ARTICLE IX FRANCHISES Section 901. Granting of Franchises. Any person, firm or corporation furnishing the City or its inhabitants with water,•light, heat, electricity, gas, power, trans- portation, communication, refrigeration, storage, terminal facilities or any other public utility or service, or using the public streets, ways, alleys, or places for the operation of plants, works or equipment for the furnishing thereof, or traversing any portion of the City for-the transmitting or conveying of any such,service elsewhere, may be required by ordinance to have a valid and existing franchise therefor. The City Council may grant a franchise to any person, firm, or corporation whether operating under an existing franchise or not, and shall have authority to prescribe the terms and conditions of any such grant. It shall provide by ordinance the method and procedure for the application for and granting of any such franchise and for the terms and conditions of such grants. -12- Section 902. Grant in Lieu of Other Franchises. Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises, rights or privileges owned by the grantee or by any suc- cessor of the grantee to any right under such franchise, for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any fran- chise derived under former Section 19 of Article 11 of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any franchise hereunder shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. Section 903. Exercising Rights Without Franchise. The exercise by any person, firm or corporation of any privilege for which a franchise is required without possessing a valid and existing franchise therefor shall be a misdemeanor and shall be punishable in the same manner as violations of this Charter are punishable and each day that such condition continues to exist shall constitute a separate violation. Section 904. Eminent Domain. No franchise grant shall in any way or to any extent impair or affect the right of the City to acquire the property of the ^grantee thereof -13- either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be con- strued to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to any public utility. ARTICLE X REVENUE BONDS Section 1001. Authority to Issue Revenue Bonds. The City may issue revenue bonds in such manner and upon such terms and conditions as may be provided by ordinance. Such bonds shall not constitute an indebtedness or general obligation of the City but shall be payable solely from revenues or other special funds pledged to that purpose. An ordinance authorizing the issuance of revenue bonds shall not take effect for a period of thirty (30) days after its passage and shall be subject to referendum in the manner provided by law for general law cities. No revenue bonds for the acquisition of any facility of any regulated public utility existing at the time this Charter takes effect, for the generation, production, transmission, and distribution of gas or electric energy, shall be issued without the prior approval of a majority of the voters voting on the question at any election at which such question is duly submitted to the voters of the City. -JL4- ARTICLE XI MISCELLANEOUS ' Section 1101. Severability. If any provision of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of this Charter, and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 1102. Violations. A violation of any provision of this Charter shall be deemed to be a misdemeanor and punishable by fine or imprisonment, or both, in such amount and for such time as prescribed by State law for misdemeanors. Section 1103. Effective Date. This Charter shall take effect, following its ratification by the qualified voters of the City, when filed with the Secretary of State. -15-