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HomeMy WebLinkAbout2008-02-05; City Council; 19307; Special Municipal Election June 3, 2008CITY OF CARLSBAD - AGENDA BILL 11 AB# 19,307 MTG. 02/05/08 DEPT. Clerk/CM SPECIAL MUNICIPAL ELECTION II IMC O OAAOJUNE 3, 2008 DEPT. HEAD CITY ATTY. (f&? CITYMGR. //, RECOMMENDED ACTION: Adopt Resolution No. 2008-029 , that the City Council accept the Charter City Evaluation and Analysis Report (Exhibit 1) and approve the Charter language (Exhibit 2) for the Special Municipal Election Ballot, June 3, 2008. 2008-030 ., calling and giving notice of a Special MunicipalAdopt Resolution No. Election for the purpose of submitting a proposed measure for the adoption of a City Charter to the qualified voters of Carlsbad and appropriating funds for communication actions to educate citizens regarding the ballot measure; and Adopt Resolution No. 2008-031 , requesting the Board of Supervisors to consolidate the election with the statewide election being held that day; and Adopt Resolution No. 2008-032 written argument; and, Adopt Resolution No. 2008-033 analysis; and Adopt Resolution No.2008-034 _, authorizing certain council members to file a _, directing the City Attorney to prepare an impartial _, providing for the filing of rebuttal arguments. ITEM EXPLANATION: In the summer of 2007, City Council directed staff to investigate the benefits and variations of the Charter form of city government. During the Council Workshop of October 17, 2007, the City Council received the findings of the Charter City Evaluation and Analysis Report (Exhibit 1). This report outlines the history, options, and approaches of a Charter form of government. General Law Versus Charter The City of Carlsbad currently has a General Law form of government. The General Law form of government gives cities the power to act on matters based on the authority given them by the state legislature and constitution. However, there is provision in California for a different type of city, known as a "Charter City". A city that uses the Charter form of government has a set of bylaws, called a "charter", which acts like a local constitution for the city adopting it. This Charter can only be adopted, amended or repealed by a majority vote of the residents. DEPARTMENT CONTACTS: Lorraine Wood/Rob Houston -760-434-2808/434-2821 Lwood@ci.carlsbad.ca.us/Rhous@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED H DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 A distinction of a Charter City from a General Law City is that they are only limited by the State Constitution and not the State Legislature, in managing municipal affairs. The research conducted and summarized in the Charter Evaluation Report concluded that there were benefits to having a Charter to expand and strengthen a City's "Home Rule". Home Rule refers to the relative degree of decision making authority on local or municipal affairs. Home Rule, through the adoption of a charter, provides opportunities for increased flexibility in the operations of the municipal government which can translate into increased efficiency, effectiveness, and innovation. Ultimately, Charter Cities have greater choices and options available to them in a number of areas of municipal affairs, including but not limited to: construction and maintenance contracting, land use, city finances, state mandates, and city government structure. Limits to Charter A Charter City's enhanced decision-making powers do not extend to areas of "state-wide concern." A state-wide concern is an area that has been determined by the court system to be of importance for the entire state, and therefore state law pre-empts local regulation. An example of this would be traffic regulations; charter cities may not adopt regulations which conflict with the state's regulations in these areas of statewide concerns. Some examples of projects and programs that fall into this category are: certain types of roadway construction, environmental regulations and traffic regulations. A Charter form of government does not give a city any additional ability to impose general taxes on its citizens, and even if a Charter was adopted, Carlsbad would still be required to follow Proposition 218 (Now California Constitutional Article XIIID). Any citizen passed initiative, such as Proposition E - The General Management Plan (which was adopted by the voters in 1986 and is now contained in the proposed Charter), becomes part of the law, just as in a General Law City. How Does a Charter Work? Adopting a Charter in and of itself does not automatically change any of the laws or ordinances of a City; the Charter simply provides the opportunity to make more community specific decisions. The proposed Charter does not contain any specific language to change the existing structure of city government nor does it make any changes to the existing laws and regulations of the city. Any changes to existing laws and regulations could be made, within the parameters of the approved City Charter, by future ordinances and resolutions passed by the Carlsbad City Council. After review and discussion of the Charter City Evaluation and Report, the City Council indicated its desire to place this matter on the June 3, 2008 Special Municipal Election Ballot. This ballot measure will ask the citizens of Carlsbad if they approve the proposed Charter. A copy of the staff report dated October 17, 2007 which contains a more detailed discussion of the Charter issue and a resolution containing the proposed Charter language, are exhibits attached to this Agenda Bill. FISCAL IMPACT: If adopted the Charter will not give the City any additional ability to tax. Election Cost The cost of the election is estimated at $65,000; however, unknown County Ballot variables and the number of registered voters could change the cost. The Fiscal Year 2007-08 operating Page 3 budget includes funding to cover Special Election costs. These funds can be used to cover the costs related to the June 3, 2008 Special Election. Election Education Cost $45,000 in funding is requested for costs associated with City education efforts to educate citizens of the Charter ballot measure. Staff is requesting that Council appropriate $45,000 from the City Council Contingency account and authorize the Finance Director to transfer the funds to the Communications Department budget. The total cost of putting the Charter initiative on the ballot and completing education efforts will be $110,000. EXHIBITS: 1. Charter City Evaluation and Analysis Report, October 17, 2007. 2. Charter City Language. 3. Resolution No. 2008-029 f accepting the Charter City Evaluation and Analysis Report (Exhibit 1) and approving the Charter language (Exhibit 2) for adoption by the voters at the Special Municipal Election Ballot, June 3, 2008. 4. Resolution No. 2008-030 , calling and giving notice of a Special Municipal Election for the purpose of submitting a proposed measure regarding a Charter City to the qualified voters of Carlsbad, and appropriate funds for communication actions. 5. Resolution No. 2008-031 , requesting the Board of Supervisors to consolidate the election with the statewide election being held that day. 6. Resolution No. 2008-032 , authorizing certain council members to file a written argument. 7. Adopt Resolution No. 2008-033 , directing the City Attorney to prepare an impartial analysis. 8. Adopt Resolution No. 2008-034 ( providing for the filing of rebuttal arguments. October 15, 2007 City of Carlsbad CHARTER CITY EVALUATION AND ANALYSIS Introduction The federal and state constitutions are the foundations of federal and state law. They are the guideposts for the operation of the federal and state governments and they provide protection for the rights of the people. Each law adopted by the Congress or the State Legislature must measure up to the requirements of the Constitution. The California Constitution allows a city to adopt its own local "constitution" - a city charter. At present, 109 of the 478 cities in California have adopted this municipal "constitution" as charter cities. The charter is likewise the guidepost for how to govern and how to protect the rights of those that live and work in the city. A city becomes a charter city in order to enhance home rule. Home rule is the power to legislate and regulate in response to the particular needs and desires of the community. The law refers to these "particular needs and desires" as "municipal affairs." In the last ten years, 15 general law cities have attempted to become charter cities. 12 have succeeded. The most recent conversions include the small city of Indian Wells (population 4,865) and the larger city of Vista (population 94,440). Home Rule and Municipal Affairs Cities, being the level of government closest to the people, are most concerned with those issues that are local in character; have the greatest impact on daily life in the city; and are addressed more appropriately at the grassroots level. The legal name for these issues is "municipal affairs." Charter cities and general law cities are equal in this regard: "municipal affairs" are what they spend most of their time on. But there is one significant difference between charter cities and general law cities: a charter city has more authority than a general law city. General Law cities are bound by the state's general law, even with respect to municipal affairs. Charter cities are not. This means that a charter city has more home rule authority than a general law city because the charter city has more authority over municipal affairs. See Appendix A for a summary of the differences between the powers of general law cities and charter cities. A charter city chooses how much it will be bound by the state's general law. After becoming a charter city, a city council may take advantage of its charter status with respect to one municipal affair only; or it may choose to change the way it operates with respect to many municipal affairs. The basic missions of a city - to provide municipal services and regulate conduct in the interest of the public health, safety and welfare - remain the same whether general law or charter city. • Development of Home Rule In 1896, the State Constitution was amended by the people to add the section that allows for charter cities. This section is commonly referred to as the "home rule" provision of the Constitution. According to the historical record, it was to enable cities to conduct their own business and control their own affairs to the fullest possible extent in their own way. "Home rule" was based on the principle that a city itself knew better what it wanted and needed than the state at large. The people intended to give cities that chose to adopt a charter the exclusive privilege and right to enact legislation which would carry out and satisfy its wants and needs. "Home rule" is intended to give cities the sole right to regulate, control and govern their internal conduct independent of general laws. As noted in the Introduction, "municipal affairs" is the Constitution's way of identifying what a city's wants and needs are. A charter city may govern independently of the State law in "municipal affairs." Therefore, the first step in deciding whether a general law city should become a charter city is to understand what "affairs" are "municipal affairs." Understanding which "affairs" are "municipal affairs" will explain how much more a charter city can accomplish in meeting its "wants and needs" than a general law city. Unfortunately this is not a particularly straightforward endeavor. The California Constitution does not define "municipal affairs." It does, however, set out a nonexclusive list of four "core" categories that are, by definition, municipal affairs. These categories are: (1) regulation of the "city police force." (2) "Sub-government in all or part of a city." This category allows a city, for example, to identify additional officers and/or change the job duties and qualifications of officers. (3) "Conduct of city elections." This category allows, for example, a city to conduct city elections on dates other than those set forth for general law cities; and (4) "the manner in which...municipal officers [are] elected." This category allows a city, for example, to establish mailed-ballot election. In addition to these "core" categories, the courts determine which other responsibilities of cities are "municipal affairs" It is the province of the courts, not the state legislature, to determine what is, and what is not, a municipal affair. The legislature may express an opinion about whether a particular area is a municipal affair, but it is the court's opinion that counts. • Municipal Affairs and Matters of Statewide Concern When a charter city's solution to a local problem conflicts with the State's solution to that same local problem, it's the job of a court to decide what a municipal affair is and what a matter of statewide concern is. For example, a voter initiative passed on the 1986 statewide ballot that added several sections to the State law. One section prohibits a city or county from imposing a tax on the sale of real property, including a "real property transfer tax." Another section requires a 2/3 vote of a city council to submit a local tax measure to the voters. After the initiative passed, one charter city adopted a real property transfer tax and another charter city submitted a local tax measure to the voters with a majority vote of the city council rather than a 2/3 vote. The initiative specifically states that it applies to all cities and counties "including chartered cities and counties." Therefore, both of these actions conflicted with the voter initiative and both actions were challenged in court. The people challenging these actions argued that the charter cities' actions were "preempted" by the state law because these were matters of statewide concern. The charter cities argued that it didn't matter that their actions conflicted with the state law because these matters were "municipal affairs." In both cases, the courts began by noting that even if a law purports to "include chartered cities and counties," the law will only apply to chartered cities if it relates to a "matter of statewide concern." In these cases, the courts found that the type of tax to be imposed, and the manner of submitting the tax to the voters were predominantly of interest to the voters of those cities. Since they were unable to identify a "matter of statewide concern" in either case, the courts held that these sections of the initiative do not apply to chartered cities even though the words of the statute say that they do. However, things can come out differently when a court identifies an area of interest as a matter of statewide concern. For example, residents of a city complain to the city council that the amount of through traffic on residential streets is creating unsafe conditions for their children. The residents ask the city council to do something to either slow down the traffic or reduce the amount of through streets in residential neighborhoods. The city council studies the problem and is advised by a traffic engineer to erect a series of bollards which block the through streets and reduce the options for drivers to make their way through the residential area. The bollards are installed but the installation triggers a lawsuit from an unhappy driver. The unhappy driver argues that the decision to install the bollards is in conflict with the state law which enumerates what is permitted on city streets (for example, speed bumps; crosswalks, etc.). The bollards are not on the list. The outcome of the lawsuit hinges on whether what is permitted on city streets is a "matter of statewide concern." It's either one or the other: either a municipal affair or a matter of statewide concern. Every challenge to the authority of a charter city to act revolves around this same question: Is this a "matter of statewide concern." If so, the charter city's action is preempted by the state statute. If not, the charter city is appropriately exercising its power over "municipal affairs." In the bollards example, the court decided that it was appropriate for the state to maintain the exclusive list of what is permitted on city streets so as to make sure that the same safety standards were applied uniformly throughout the state. That meant that what is permitted on city streets is a "matter of statewide concern." If an area is a "matter of statewide concern," the charter city is "preempted" by, and must therefore act in accordance with, the state legislation. The party claiming in court that a general state law preempts a local ordinance has the burden of demonstrating preemption. Historically, the courts have been particularly reluctant to infer legislative intent to preempt a field covered by municipal regulation when there is a significant local interest to be served that may differ from one locality to another. Although the law of "municipal affairs" evolves through litigation, these cases are usually brought against the larger cities in California that often are the innovators of new solutions to municipal problems. Most often smaller charter cities look to the actions of the larger charter cities to define the limits of "municipal affairs." • What are some examples of municipal affairs? The concept of municipal affairs is fluid and changes over time. Issues that are municipal affairs today could become areas of statewide concern in the future. This happened in the late 1980s and early 1990s to the area of taxation. Until the late 1980s and 1990s, a charter city could depend on local taxation being a municipal affair. The courts consistently said so. Two things caused the courts to change their conclusions: the voters decided the best way for ALL cities to impose taxes; and many types of businesses consolidated under a single controlling entity and other types of businesses developed as chains, which meant that they were potentially subject to different types of taxes depending upon which city they were located in. To the courts, this meant that a statewide approach made more sense. This means that a charter city may not impose a particular type of tax if the type of tax is imposed on a statewide basis. For example, a charter city may not impose a tax on gasoline purchased in the city because the state has imposed a gas tax statewide. On the other hand, a charter city has retained the authority to impose a real estate transfer tax (a type of tax prohibited to general law cities) because there is no need to regulate that type of tax on a statewide basis. Despite the possibility for change, some areas have been consistently classified as municipal affairs and other areas have been consistently classified as matters of statewide concern. In addition to those "core areas" mentioned above, the following are municipal affairs: 7 • Municipal election matters • Land use and zoning decisions (with some exceptions) • How a city spends its tax dollars, including public financing of local election campaigns • Public works contracts provided the charter or a city ordinance exempts the city from the Public Contracts Code and the subject matter of the bid constitutes a municipal affair, including the authority to use the "design-build" process for constructing public projects. • Assessment district and bond financings The following are areas of statewide concern: • Traffic and vehicle regulation • The procedure for filing tort claims against a city • Regulation of school systems • Acquisition of property by eminent domain • Conflicts of Interest • Open and Public Meetings • Voter or property owner approval requirements for taxes, assessments, and property- related fees In addition to those subjects which are clearly preempted, and those subjects which are clearly municipal affairs, there are some subjects which the state has expressed its intent to preempt charter cities, but whether preemption has been successful is not clear. Ultimately, whether a charter city ordinance is preempted is a decision for a court. The court cannot find a charter city ordinance preempted unless the record demonstrates that: (1) legislative materials or specific historical circumstances provide a convincing basis for statewide action; (2) the state law is reasonably related to the statewide concern; and (3) the state law is narrowly tailored to achieve its statewide-concern objective. 6 If a charter city were to adopt an ordinance in conflict with a state statute and the local ordinance were to be challenged, a court would follow the analysis above to determine whether the subject was a matter of statewide concern. Areas of Special Interest to the City of Carlsbad Construction and Maintenance Contracting Construction and maintenance contracting flexibility is available to a city when it operates as a charter city. Flexibility is found in the following categories: use of prevailing wages, selection methodology, alternative contract processes, and types of labor available for use, and economic thresholds for competitive bidding and the use of internal labor. Additional flexibility helps the city maximize its resources. • Prevailing wages Charter cities are not required to enforce the prevailing wage law for "public works" that (1) do not receive state or federal funding, a condition of which is the payment of prevailing wages; and (2) are within the "realm of municipal affairs." "Public works" includes both the construction and maintenance of public projects. Three factors are considered to determine whether a project is within the realm of municipal affairs: o The extent of non-municipal control over the project o The source and control of the funds to finance the project o The nature and purpose of the project. For instance, using these factors, it was determined that the City of San Diego's police building energy efficiency and generation project was not subject to the payment of prevailing wages. However, the City of Visalia's improvements to its sewer treatment plant was subject to the payment of prevailing wages because the plant treated wastewater generated by the Goshen Community Services District (outside the boundaries of the City of Visalia). A project such as the realignment of Rancho Santa Fe Road would require the payment of prevailing wages even if Carlsbad were a charter city because payment of prevailing wages was a condition of federal funding for the project. Likewise, a project such as the construction of a freeway interchange would be subject to the payment of prevailing wages even if Carlsbad were a charter city, because it is a regional project which impacts areas outside the incorporated boundaries of Carlsbad. On the other hand, construction of a Public Works Center would not be subject to the payment of prevailing wages if Carlsbad were a charter city because it was a local project funded solely with local funds. Efforts to remove this exemption for charter cities have been, and will continue to be, made in both the courts and the legislature. In the most recent case, the City of Long Beach provided funding to a non-profit organization for construction of an animal shelter to be shared by Long Beach and SPCA-Los Angeles. The Court of Appeal held that prevailing wages must be paid because the project was not a "municipal affair" because of its extraterritorial impact. The City appealed the decision to the California Supreme Court, which did not decide the prevailing wage rate question because the Court decided that the project itself was not a "public work." Additional material on this topic can be found in Appendix B. • Selection Methodology The Public Contracts Code requires general law cities to award public works contracts in excess of $5,000 to the lowest responsible bidder submitted in response to a competitive bid process. If a general law city has elected to be subject to the uniform construction accounting procedures, then certain less formal procedures may be available for contracts less than $125,000. If a charter city adopts a resolution choosing not to be subject to the Public Contracts Code, it may adopt its own procedures for selecting a public works contractor. For example, a charter city may adopt an ordinance that reserves the right to establish standards, procedures, rules, or regulations to regulate all aspects of the bidding, award and performance of any Public Works contract. This allows the charter city to tailor the selection methodology to best suit the needs of the project. • Alternative Contract Process (Design-Build) A charter city may choose to utilize the "design-build" process for constructing public works in which the design and construction components of a project are packaged into a single contract. This eliminates the requirement under the General Law to bid the design and construction elements of a project out separately. Additional material on the Design/Build topic can be found in Appendix C. • Types of Labor General Law prohibits the use of internal labor for projects valued over $5,000 unless the city has chosen the uniform construction accounting procedures which allow the use of internal labor for projects valued under $30,000. As a charter city, the city would have the option of changing this limitation and utilizing city staff on various types of projects. Housing and Land Use As a general rule, state law provisions governing planning and zoning (e.g. the State Planning and Zoning Law) do not apply to charter cities, unless a charter city has adopted these statutes by ordinance or through its charter, or unless the legislature requires their application. When a charter city regulates in an area of traditional local control, such as land use, the courts will presume, unless there is a clear indication in a state statute, that such regulation is not preempted by state law. Voter-initiated local land use regulations, such as the City of Carlsbad's Proposition E, present a particularly interesting example of home rule authority. Proposition E was adopted by the voters to restrict development that is not guaranteed to be concurrent with all necessary public facilities required by the development with the emphasis on ensuring good traffic circulation, schools, parks, libraries, open space and recreational amenities. Even if there is concurrency between development and public facilities, more than the maximum number of residential dwelling units established for each quadrant of the City may not be approved. The general rule is that the voters only have the authority to adopt land use regulations that could have been adopted by the city council. If the city council can't adopt the regulations, then the voters can't either. The State legislature on many occasions has tried to restrict the power of charter cities to adopt certain land use regulations or to require a charter city to approve certain types of housing developments. If a charter city adopts a regulation which conflicts with these State laws, then a court must determine whether the regulation is in an area which is a municipal affair or a matter of statewide concern. If Proposition E were challenged while the City of Carlsbad is a general law city, then the court would simply look to see if there is a conflict with the general law. If so, the general law would prevail. However, if Carlsbad becomes a charter city and voter-approved Proposition E is challenged as conflicting with the general law, then not only would a court be required to resolve the conflict, but also the court would have to consider whether the State legislature can interfere with the initiative power, which is reserved to the voters in the Constitution. One potential course of action would be to include a provision in the charter that reiterates the city's commitment to Proposition E. This would remove any confusion regarding the city's intent post-charter regarding its desire to control local land use. The use of the initiative power by the voters is arguably the ultimate expression of local control. Over the years, however, the legislature has adopted many housing and land use laws which apply to charter cities. Among the most significant are: If o Adoption of a general plan (but not the requirement that zoning be consistent with the general plan)1 o Coastal zone affordable housing requirements o Prohibition on housing discrimination o Density bonus law o Permit Streamlining law governing time limits for review and approval of developments o Subdivision Map Act o California Environmental Quality Act o Limitation on Interim Zoning Ordinances (moratoriums) o Housing element law o Findings to assure approval of affordable housing. Financial affairs Many areas of municipal finance are preempted by state law. The most significant are: o Property tax collection and distribution o Procedure for adopting and increasing taxes o Procedure for adopting and increasing special benefit assessments o Procedure for adopting and increasing fees for property-related services. Other areas of municipal finance remain municipal affairs. Perhaps the most significant are (1) assessment district financing; (2) the issuance of debt; (3) penalties for the violation of local ordinances; and (4) how the city chooses to spend its tax dollars. 1 Although a charter city's zoning is not required to be consistent with its general plan, the city's general plan remains the "constitution" of its land use regulations and represents the city's comprehensive, long-term plan for the physical development of the city. It includes goals, policies, and programs on a wide variety of subjects of significance which will be implemented through a variety of actions, including zoning. Several state statutes authorize assessment district financing for construction and maintenance of public improvements, open space, and habitat preservation, which specially benefit private property. A charter city may, but is not required to, follow the procedures in these statutes or be constrained by the types of projects that the statutes allow to be financed with assessment district financing. A charter city may adopt an ordinance that provides for the assessment of property for public improvements, which are not covered by the state assessment statutes. Or, a charter city's ordinance might provide for the use of assessments to maintain public improvements if the maintenance of those particular public improvements is not allowed by the state assessment statutes. As noted above, however, the procedure for adopting and increasing special benefit assessments is preempted by the Constitution: the procedures required by Proposition 218 apply to charter cities. Similarly, a charter city is not restricted to the state statutes which provide for the issuance of municipal bonds. Note, however, that the debt limit found in the Constitution applies to charter cities. There may be a way, as a charter city, of varying from the state's general laws on assessment district and bond financing which would help the city in its search for the means to finance the acquisition and maintenance of open space. Be aware, however, that a case pending before the California Supreme Court may have a significant impact on the use of assessment district financing for open space. The Santa Clara Open Space Authority, for instance, comprised several of the cities in Santa Clara County and the County itself, imposed an assessment on all property owners within the jurisdiction of the Authority to fund the acquisition of open space. The Authority was required to demonstrate that each property assessed received a special benefit from the acquisition of open space. The challengers argued that it is not possible to measure the special benefit received by all of the property owners within the jurisdiction of the Authority and, therefore, the assessment was in reality a tax. The Court's decision will be instructive if the city chooses to explore assessment district financing to fund the acquisition of open space. Finally, how a charter city chooses to spend its general fund has generally been interpreted to be a municipal affair. This has allowed a charter city, for example, to adopt a system which allows public financing of local election campaigns. While a charter city retains an increased degree of flexibility in this area, there are still some constraints placed upon the local agency which provide limits to the types of expenditures allowed. State Mandates The California Constitution requires reimbursement to cities for State mandates. A recent amendment to the California Constitution (Proposition 1A) strengthened the requirements that have been in the Constitution since 1980. Proposition 1A requires the Legislature to either fully 10 13 fund a mandate or suspend the operation of the mandate. The requirement to be reimbursed and the procedure for reimbursement for State mandates is a matter of statewide concern. A charter city is subject to the State law in this area. Fines, Penalties, and Forfeitures The city may enforce its ordinances by prosecuting the violator criminally in superior court; by bringing a civil action in superior court to enjoin the violation; or by imposing an administrative fine, penalty, or forfeiture outside of the court system. For general law cities, the maximum amount of an administrative fine is $1,000. The maximum amount only applies to charter cities for those violations that would otherwise be prosecuted as infractions. (Section 1.08.010 of the Carlsbad Municipal Code identifies which sections of the Municipal Code are infractions). Otherwise, the maximum penalty that a charter city may impose is only restricted by the Constitutional requirement that it not be excessive. City Government There are a number of opportunities for a charter city to tailor its system of governance to local conditions: o Form of government: A charter can provide for any form of government including the "strong mayor" and "city manager" forms. o Elections: A charter city may establish their own election dates and adopt rules and procedures that differ from the State Elections Code. However, election costs would increase dramatically if Carlsbad were to conduct separate elections. Elections may be either at-large or by district. o Mail ballot elections: Of the five cities surveyed,2 two (Chula Vista and Vista) allow mail ballot elections for certain purposes but not for election of candidates. Mail ballot elections provide significant cost savings. o Qualifications for public officials: A charter city may establish its own criteria and qualifications for some or all of its elected officials. 2 Cities of Del Mar, San Marcos, Vista, and Chula Vista 11 if o Vacancies and Termination of office: A charter city may establish criteria for when a city office is vacated and when it is terminated; and the procedure for filling vacancies. o Compensation of council members: The state law establishes a ceiling for council members' salaries based upon population except for compensation established by city electors. A charter city may establish council members' salaries without reference to the ceilings in the state law. Both general law and charter city council members are required to have two hours of ethics training if they receive either a salary or reimbursement of council expenses. o Quorum requirements and procedures for adopting local ordinances and resolutions: A charter city may adopt procedures for enacting local ordinances. Although a charter city can establish its own quorum requirements, most charter cities follow the State law requirement that a majority of the council constitutes a quorum that is necessary to take certain actions. Certain state laws that require a super-majority vote (for example to adopt a resolution of necessity to acquire property by eminent domain) apply to charter cities. A recent state law requires a majority of the council (instead of a majority of those present at the meeting) to adopt a resolution. This is the type of procedural rule that can be changed by a charter city. o Campaign contribution and reporting regulations: A charter city may adopt public financing of campaigns, and may establish regulations regarding campaign financing. The Political Reform Act and the decisions and regulations adopted by the Fair Political Practices Commission apply to charter cities. The City Clerk has collected material which summarizes election regulations; candidate qualifications; vacancy and termination regulations; quorum and voting requirements; public notification and meeting requirements; conflict of interest and ethics regulations; and campaign contribution and reporting regulations of the Cities of Del Mar, San Marcos, Vista, and Chula Vista Conclusion The purpose of becoming a charter city is to strengthen and expand home rule. Home rule is the power to control "municipal affairs." Home rule, through the adoption of a charter, provides increased flexibility in the operations of the municipal government which can translate 12 into increased efficiency, effectiveness, and innovation. Ultimately, charter cities have greater choices and options available to them in a number of areas, including but not limited to: • Construction and Maintenance Contracting • Land Use • City Finances • State Mandates • City Government Structure • Fines, Penalties and Forfeitures A charter city need not activate its additional home rule powers in each of these areas. An interest in exercising home rule in only one of these areas is sufficient to support a decision to become a charter city. 13 CHARTER OF THE CITY OF CARLSBAD PREAMBLE We the people of the City of Carlsbad, declare our intent to maintain in our community the historic principles of self-governance inherent in the doctrine of home-rule. We the people of Carlsbad, are sincerely committed to the belief that local government has the closest affinity to the people governed and firmly convinced that the economic and fiscal independence of our local government will better serve and promote the health, safety and welfare of all the citizens of Carlsbad. Based on these principles, we do hereby exercise the express right granted by the Constitution of the State of California and do ordain and establish this Charter for the City of Carlsbad. CHARTER ARTICLE 1. MUNICIPAL AFFAIRS. Section 100. Powers of City. The City shall have full power and authority to adopt, make, exercise and enforce all legislation, laws and regulations with respect to municipal affairs, subject only to the limitations and restrictions as may be provided in this Charter, in the Constitution of the State of California, and in the laws of the United States. Section 101. Municipal Affairs; Generally. Each of the matters set forth in this Charter are declared to be municipal affairs, consistent with the laws of the State of California. The implementation of each matter uniquely benefits the citizens of the City of Carlsbad and addresses peculiarly local concerns within the City of Carlsbad. The municipal affairs set forth in this Charter are not intended to be an exclusive list of municipal affairs over which the City Council may govern. Section 102. Incorporation and Succession. The City of Carlsbad shall continue to be a municipal corporation known as the City of Carlsbad. The boundaries of the City of Carlsbad shall continue as now established until changed in the manner authorized by law. The City of Carlsbad shall remain vested with and shall continue to own, have, possess, control and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled or enjoyed by it at the time this Charter takes affect. The City of Carlsbad shall be subject to all debts, obligations and liabilities of the City of Carlsbad at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, enforced at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper lawful action. 01/09/08 ARTICLE 2. FORM OF GOVERNMENT. Section 200. Form of Government. The municipal government established by this Charter shall be known as the "Council-Manager" form of government. The City Council shall establish the policy of the City; the City Manager shall carry out that policy. ARTICLE 3. LOCAL LIMITS OF GROWTH CONTROL Section 300. Local Limits of Growth Control. The citizens of Carlsbad recognize and declare that managing and limiting growth and ensuring that necessary public facilities are provided to the citizens of the City of Carlsbad are quintessential elements of local control and therefore are municipal affairs. The adoption of this Charter recognizes and reaffirms the principles of the growth management program established by the citizens as Proposition E in 1986 and affirms the principle that this program, that implements a municipal affair shall be superior to and take precedence over any conflicting general laws of the State of California. The intent of this Charter is to allow the City Council and the voters to exercise the maximum degree of control over land use matters within the City of Carlsbad. ARTICLE 4. REVENUE, SAVINGS AND GENERATION. Section 400. Economic and Community Development. Subject to the expenditure limitation established by the citizens of Carlsbad Proposition H in 1982, the City shall have the power to utilize revenues from the general fund to encourage, support and promote economic and community development in the City. Section 401. Public Financing. The City Council shall have the power to establish standards, procedures, rules and regulations relating to financing of public improvements and services. Section 402. Utility Franchises. The City Council shall have the power to provide for the acquisition, development or operation by the City of any public utility and/or to grant any franchise, license or permit to any public utility which proposes to use or is using City streets, highways or other rights-of-way. Section 403. Enterprises. The City shall have the power to engage in any enterprise determined necessary to produce revenues for the general fund or any other fund established by the City Council that promotes a public purpose. Section 404. Contracts. The City Council shall have the power to establish standards, procedures, rules or regulations relating to all aspects of the award and performance of contracts, including contracts for the construction of public improvements, including, but not limited to, compensation paid for performance of such work. 01/09/08 ARTICLE 5. REVENUE RETENTION. Section 500. Reductions Prohibited. All revenues due to, and raised by the City, shall remain within the City of Carlsbad for appropriation solely by the City Council. No such revenue shall be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. Section 501. Mandates Limited. No person, whether elected or appointed, acting on behalf of the City, shall be required to implement or give effect to, 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 such other level of government. ARTICLE 6. GENERAL LAWS. Section 600. 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 7. INTERPRETATION. Section 700. 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 powers to govern with respect to any matter which is a municipal affair. Section 701. Severabilitv. If any provision of this Charter should be held by a final judgment of a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Charter shall remain enforceable to the fullest extent permitted by law. ARTICLE 8. AMENDMENT Section 800. Amendment to Charter, revised or repealed. This Charter, and any of its provisions, may be amended by a majority vote of the electors voting on the question. Amendment or repeal may be proposed by initiative or by the governing body. 01/09/08 1 RESOLUTION NO. 2008-029 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE CHARTER 3 CITY EVALUATION REPORT AND APPROVING THE 4 LANGUAGE OF THE CHARTER OF THE CITY OF CARLSBAD 5 WHEREAS, at their Special Meeting of October 17, 2007, Council directed staff 6 to place a Charter City adoption question on the Special Municipal Election ballot of 7 June 3, 2008, and,8 9 WHEREAS, staff has prepared a Charter City Evaluation report and a Charter of the City of Carlsbad. 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 12 Carlsbad, California, as follows: 1. That the above recitations are true and correct. 14 2. The City Council accepts the Charter City Evaluation and Analysis Report. 15 3. The City Council approves the language of the Charter of the City of16 Carlsbad to be placed on the June 3, 2008 Special Municipal Election ballot. 18 19 // 20 // 21 // 22 // 23 // 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: ', City Gl X H / /S n Ll 1 RESOLUTION NO. 2008-030 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING AND GIVING NOTICE 3 OF THE HOLDING OF THE SPECIAL MUNICIPAL ELECTION . TO BE HELD IN THE CITY ON TUESDAY, JUNE 3, 2008, AND APPROPRIATING FUNDS FOR COMMUNICATION ACTIONS 5 6 .. WHEREAS, under the provisions of the laws relating to general law cities in the State of 7 California, a Special Municipal Election shall be held on June 3, 2008, for the purpose of 8 submitting a proposed measure regarding a Charter City to the qualified voters of Carlsbad 9" 10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 11 California, as follows: 12 1. That the above recitations are true and correct. 13 .. 2. That pursuant to the requirements of the laws of the State of California relating to 14 general law cities, there is called and ordered to be held in the City of Carlsbad, California, on 15 Tuesday, June 3, 2008, a Special Municipal Election for the purpose of submitting a proposed 16 measure regarding a Charter City to the qualified voters of Carlsbad. 17 " 18 3. That the City Council, pursuant to its right and authority, does order submitted to 19 the voters at the Special Municipal Election the following question: 20 21 22 „ 4. That the text of the proposed measure shall be submitted to the voters and is 23 attached as Exhibit A. 24 5. That the ballots to be used at the election shall be in the form and content as 25 required by law. 26 27 28 Shall the proposed City Charter of the City of Carlsbad be adopted? YES NO 1 6. That the City Clerk is authorized, instructed and directed to procure and furnish 2 any and all official ballots, notices printed matter, and all supplies and equipment that may be 3 necessary in order to properly and lawfully conduct the election. 4 7. That the polls for the election shall be open at seven o'clock a.m. of the day of 5 the election and shall remain open continuously from that time until eight o'clock p.m. of the 6 same day when the polls shall be closed, except as provided in Section 14401 of the Elections 7 Code of the State of California. 8 8. That in all particulars not recited in this resolution, the election shall be held and 9 conducted as provided by law for holding municipal elections. 10 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of this election, in 12 the time, form and manner as required by law. 10. That the City Clerk shall certify to the passage and adoption of this Resolution; and shall enter the same in the file of Original Resolutions. 11. That the City Council appropriates $45,000 from the City Council contingency account for planned communication actions to educate citizens regarding the ballot measure. l' 12. That the City Council authorizes the Finance Director to transfer the funds to the 1R10 Carlsbad Communications Department. 19 BE IT FURTHER RESOLVED that the City Clerk of the City of Carlsbad is hereby 20 directed to deliver copies of this Resolution to the Clerk of the Board of Supervisors of the 21 County of San Diego and to the Registrar of Voters of the County of San Diego. 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. CLAUDE A LEWI'S^, M§yor ATTEST: (SEAL) CHARTER OF THE CITY OF CARLSBAD PREAMBLE We the people of the City of Carlsbad, declare our intent to maintain in our community the historic principles of self-governance inherent in the doctrine of home-rule. We the people of Carlsbad, are sincerely committed to the belief that local government has the closest affinity to the people governed and firmly convinced that the economic and fiscal independence of our local government will better serve and promote the health, safety and welfare of all the citizens of Carlsbad. Based on these principles, we do hereby exercise the express right granted by the Constitution of the State of California and do ordain and establish this Charter for the City of Carlsbad. CHARTER ARTICLE 1. MUNICIPAL AFFAIRS. Section 100. Powers of City. The City shall have full power and authority to adopt, make, exercise and enforce all legislation, laws and regulations with respect to municipal affairs, subject only to the limitations and restrictions as may be provided in this Charter, in the Constitution of the State of California, and in the laws of the United States. Section 101. Municipal Affairs; Generally. Each of the matters set forth in this Charter are declared to be municipal affairs, consistent with the laws of the State of California. The implementation of each matter uniquely benefits the citizens of the City of Carlsbad and addresses peculiarly local concerns within the City of Carlsbad. The municipal affairs set forth in this Charter are not intended to be an exclusive list of municipal affairs over which the City Council may govern. Section 102. Incorporation and Succession. The City of Carlsbad shall continue to be a municipal corporation known as the City of Carlsbad. The boundaries of the City of Carlsbad shall continue as now established until changed in the manner authorized by law. The City of Carlsbad shall remain vested with and shall continue to own, have, possess, control and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled or enjoyed by it at the time this Charter takes affect. The City of Carlsbad shall be subject to all debts, obligations and liabilities of the City of Carlsbad at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, enforced at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper lawful action. 01/09/08 ARTICLE 2. FORM OF GOVERNMENT. Section 200. Form of Government. The municipal government established by this Charter shall be known as the "Council-Manager" form of government. The City Council shall establish the policy of the City; the City Manager shall carry out that policy. ARTICLE 3. LOCAL LIMITS OF GROWTH CONTROL Section 300. Local Limits of Growth Control. The citizens of Carlsbad recognize and declare that managing and limiting growth and ensuring that necessary public facilities are provided to the citizens of the City of Carlsbad are quintessential elements of local control and therefore are municipal affairs. The adoption of this Charter recognizes and reaffirms the principles of the growth management program established by the citizens as Proposition E in 1986 and affirms the principle that this program, that implements a municipal affair shall be superior to and take precedence over any conflicting general laws of the State of California. The intent of this Charter is to allow the City Council and the voters to exercise the maximum degree of control over land use matters within the City of Carlsbad. ARTICLE 4. REVENUE, SAVINGS AND GENERATION. Section 400. Economic and Community Development. Subject to the expenditure limitation established by the citizens of Carlsbad Proposition H in 1982, the City shall have the power to utilize revenues from the general fund to encourage, support and promote economic and community development in the City. Section 401. Public Financing. The City Council shall have the power to establish standards, procedures, rules and regulations relating to financing of public improvements and services. Section 402. Utility Franchises. The City Council shall have the power to provide for the acquisition, development or operation by the City of any public utility and/or to grant any franchise, license or permit to any public utility which proposes to use or is using City streets, highways or other rights-of-way. Section 403. Enterprises. The City shall have the power to engage in any enterprise determined necessary to produce revenues for the general fund or any other fund established by the City Council that promotes a public purpose. Section 404. Contracts. The City Council shall have the power to establish standards, procedures, rules or regulations relating to all aspects of the award and performance of contracts, including contracts for the construction of public improvements, including, but not limited to, compensation paid for performance of such work. 01/09/08 ARTICLES. REVENUE RETENTION. Section 500. Reductions Prohibited. All revenues due to, and raised by the City, shall remain within the City of Carlsbad for appropriation solely by the City Council. No such revene shall be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. Section 501. Mandates Limited. No person, whether elected or appointed, acting on behalf of the City, shall be required to implement or give effect to, 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 such other level of government. ARTICLE 6. GENERAL LAWS. Section 600. 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 7. INTERPRETATION. Section 700. 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 powers to govern with respect to any matter which is a municipal affair. Section 701. Severability. If any provision of this Charter should be held by a final judgment of a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Charter shall remain enforceable to the fullest extent permitted by law. ARTICLE 8. AMENDMENT Section 800. Amendment to Charter, revised or repealed. This Charter, and any of its provisions, may be amended by a majority vote of the electors voting on the question. Amendment or repeal may be proposed by initiative or by the governing body. 01/09/08 1 RESOLUTION NO. 2008-031 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING THE BOARD OF 3 SUPERVISORS OF THE COUNTY OF SAN DIEGO TO 4 CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CARLSBAD ON TUESDAY, JUNE 5 3, 2008, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 6 10400 OF THE ELECTIONS CODE 7 WHEREAS, under the provisions of the laws relating to general law cities in the State of 8 California, a Special Municipal Election shall be held on June 3, 2008, for the purpose of 9 submitting a proposed measure regarding a Charter City to the qualified voters of Carlsbad; and 10 WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego 11 authorizes the Registrar of Voters of the County of San Diego to render specified services 12 relating to the conduct of an election to any city which has by resolution requested the Board of 13 Supervisors to permit the Registrar to render services, subject to requirements set forth in that 14 section; and 15 WHEREAS, the City of Carlsbad has called an election to be held on the same day in *6 the same territory or in territory that is in part the same; and 17 WHEREAS, pursuant to Part 3 (commencing with Section 10400), Division 10 of the 1 8 Elections Code, the Board of Supervisors has authority to consolidate public district, city, 19 county or other political subdivision elections with each other and with a statewide election to 20 be held on the same day; 21 NOW THEREFORE, BE IT RESOLVED, that pursuant to the above-recited provisions, 22 the Board of Supervisors of the County of San Diego is hereby requested to permit the 23 Registrar of Voters to perform and render all services and proceedings incidental to, and 24 connected with, the conduct of the subject election of the City of Carlsbad, with cooperation 25 and assistance of the City Clerk of the City of Carlsbad, such services to include, but not be 26 limited to the following activities as are appropriate to the subject election: 27 1. Furnish a tabulation of the number of registered voters in each precinct. 28 1 2. Establish voting precincts, secure locations for polling places, secure the services of 2 election officers for each precinct as required by law, and furnish a list of precincts, polling 3 places and election officers for filing in the Office of the City Clerk of the City of Carlsbad. 4 3. Prepare and furnish to the election officers, necessary election supplies for the 5 conduct of the election. 6 4. Cause to be printed the requisite number of sample ballots, official ballots, polling 7 place slips, rosters, tally sheets and other necessary forms. 8 5. Furnish and address the envelopes necessary to mail sample ballots to the 9 registered voters of the City of Carlsbad. 6. Insert the sample ballots and other printed matter into envelopes for mailing and 11 cause the same to be mailed, as required by law. 12 7. Assemble the election material and supplies into ballot bags and make necessary arrangements for their delivery to the various precincts. 8. Distribute absent voter ballots as required by law. 1-* 9. Receive the returns of the elections and supplies. 10. Sort and assemble the election material and supplies in preparation for canvassing 1' of the returns of the election. 1 8 11. Canvass the returns of the elections, including the vote by mail ballots. 1 Q 12. Furnish a tabulation of the number of votes given in each precinct. 20 13. Make all arrangements and take the necessary steps to pay the members of the 21 precinct boards, the polling place rentals, the persons returning the ballot bags, and to pay all 22 other costs of the election incurred as the result of services performed for the City of Carlsbad 23 for the election officials the amounts prescribed by the Board of Supervisors of the County of 24 San Diego. 25 BE IT FURTHER RESOLVED that pursuant to the requirements of the laws of the State of California relating to General Law Cities within the State, the election of the qualified electors 27 28 1 of the City of Carlsbad was called for the purpose of the election of allowing the voter of 2 Carlsbad to ratify the City of Carlsbad becoming a charter city. 3 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of San Diego 4 is hereby requested to consolidate this election with the other elections to be held on the same 5 day, in the same territory, or in territory that is in part the same. 6 BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant to 7 Section 10402 of the Elections Code (a), the election shall be held in all respects as if they 8 were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters 9 of the County of San Diego shall canvass the returns of the subject election as part of the 10 canvass of the returns of the election or elections consolidated hereby. 11 BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant to 12 Section 10403 of the Elections Code, within the territories affected by this order of 13 consolidation, the election precincts, polling places, voting booths and polling hours shall, in 14 every case be the same, and there shall be only one set of election officers in each of the 15 precincts. 16 BE IT FURTHER RESOLVED that the County of San Diego shall be reimbursed in full l' for the services performed by the Registrar of Voters for the City of Carlsbad upon presentation 18 of a bill for them. 19 BE IT FURTHER RESOLVED AND ORDERED that the City Clerk of the City of 20 Carlsbad is hereby directed to deliver this Resolution to the Clerk of the Board of Supervisors 21 of the County of San Diego and to the Registrar of Voters of the County of San Diego. 22 // 23 // 24 // 25 „ 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: 7 1 RESOLUTION NO. 2008-033 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING THE CITY ATTORNEY 3 TO PREPARE AN IMPARTIAL ANALYSIS OF A CITY 4 MEASURE 5 .. WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad, California 6 on June 3, 2008, at which there will be submitted to the qualified voters the following measure, 7 to wit: 8" Shall the proposed City Charter of the City of Carlsbad be adopted? YES NO9 10 „ WHEREAS, the City Council desires to have an impartial analysis prepared showing the 11 .effect of the measure on existing law and the operation of the measure; 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 13 California, as follows: 14 1. That the City Council directs the City Clerk to transmit a copy of the measure to 15 the City Attorney. 16 2. Pursuant to the provision of Section 9280 of the Elections Code of the State of 17 California, this City Council does direct the City Attorney to prepare an impartial 18 analysis of the measure showing the effect of the measure on the existing law 19 and operation of the measure. 20 3. That the impartial analysis shall not exceed 500 words in length. 21 4. That the impartial analysis shall be filed in the Office of the City Clerk by the date 22 and time set by the City Clerk for the filing of rebuttal arguments. 23 5. That the City Clerk shall certify to the passage and adoption of this Resolution; 24 and shall enter the same in the file of Original Resolutions. 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ?IS, Mayor ATTEST: ORR&NE M. (SEAL) Shall the proposed City Charter of the City of Carlsbad be adopted? YES NO 1 RESOLUTION NO. 2008-032 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN MEMBERS 3 TO FILE A WRITTEN ARGUMENT REGARDING THE 4 PROPOSED CHARTER CITY QUESTION 5 WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad, California, on June 3, 2008, at which there will be submitted to the voters the following measure: 7 8 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 10 California, as follows: 11 1. That the City Council authorizes the following Council Members: 12 Claude A. Lewis. Mayor Ann J. Kulchin. Mayor Pro Tem 13 Matthew Hall. Council Member Mark Packard. Council Member 14 Julie Nygaard. Council Member 15 to file a written argument, not to exceed 300 words, accompanied by the printed name(s) and 16 signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of 17 the Elections Code of the State of California and to change the argument until 5:00 p.m. on 18 March 19, 2008, as fixed by the City Clerk after which no arguments for or against the 19 measure may be submitted to the City Clerk. 20 2. That the City Clerk shall certify to the passage and adoption of the Resolution. 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: M. WdOb, City Cle'rkO y," 1 RESOLUTION NO. 2008-034 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PROVIDING FOR THE FILING 3 OF REBUTTAL ARGUMENTS FOR MEASURES 4 SUBMITTED AT MUNICIPAL ELECTIONS. 5 WHEREAS, Section 9220 of the Elections Code of the State of California authorizes the 5 City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments 7 for measures submitted a municipal elections; 8 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 9 California, as follows: 10 1. That the above recitations are true and correct. 11 2. That pursuant to Section 9220 of the Elections Code of the State of California, 12 rebuttal arguments, not to exceed 250 words, shall be filed with the City Clerk, signed, with the 13 printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an 14 organization, the name of the organization, and the printed name and signature of at least one 15 of its principal officers, not more than 10 days after the final date for filing direct arguments. 16 Rebuttal arguments are due by 5:00 p.m. on March 27, 2008, as fixed by the City Clerk. 17 Rebuttal arguments shall be printed in the same manner as the direct arguments. Each 18 rebuttal argument shall immediately follow the direct argument which it seeks to rebut. 19 3. That the provisions listed above shall apply only to the election to be held on 20 June 3, 2008. 21 4. That the City Clerk shall certify to the passage and adoption of this Resolution. 22 // 23 // 24 // 25 // 26 // 27 // 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: M. WOtlb, City Cl (2/5/2008) Council Internet Mailbox - CITY OF CARLSBAD | CONTACT US From: <kcinciarelli@roadrunner.com> To: <Council@[205.142.109.13]> Date: 02/05/08 12:35 PM Subject: CITY OF CARLSBAD | CONTACT US c: I// [# /> Mayor City Council City Manager City Attorney City Clerk A visitor to the City of Carlsbad Web site has completed and posted the "Contact Us" form to department, City Council. FOR SECURITY REASONS, DO NOT CHANGE THE SUBJECT LINE.********************************************** Below, please find the information that was submitted: Public Comment on Item 11 2/5/08 AB 19307 Coucil should direct than an impartial (ie - outside consultant) be retained to examine the potential for increased legal and other costs associated with running this city as a charater city. I would also like to bring to council's attention that, unbelievably our city has NO FORMAL complaint process. Please direct staff to develop an impartial and outlined complaint procedure to be applicable to any and all departments. This will reduce legal costs, too. In addition the Cities disability complaint form has a short statue of limitations of 21 days. This should be at least a year to cover ongoing harassment and disability discrimination. sincerely, kasey cinciarelli kcinciarelli@roadrunner.com Mozilla/4.0 (compatible; MSIE 7.0; Windows NT 5.1; .NET CLR 2.0.50727) 76.176.165.192 City of CarlsbadCity of CarlsbadCity CharterCity CharterandandSpecial ElectionSpecial Election BackgroundBackground„„In June 2006, Council directed staff to In June 2006, Council directed staff to analyze benefits of Charter Citiesanalyze benefits of Charter Cities„„CrossCross--functional team evaluated the issuefunctional team evaluated the issue„„Presented report at October Council Presented report at October Council WorkshopWorkshop„„Council directed staff to bring back for Council directed staff to bring back for formal directionformal direction What We Are Talking AboutWhat We Are Talking AboutPeople of the State of CaliforniaCalifornia State ConstitutionLegislature(adopts general laws)Charter Cities(adopted by popular vote)General Law CitiesCity Council Adopts Ordinances and Implements Charter Powers General Law versus Charter General Law versus Charter California ConstitutionJudicialExecutiveLegislativeGeneral Law CitiesCharter Cities Limitations to Charter GovernmentsLimitations to Charter GovernmentsStatewide Concern vs. Municipal AffairStatewide Concern vs. Municipal Affair„„The courts interpret what qualifies as a The courts interpret what qualifies as a Statewide concernStatewide concernon a caseon a case--byby--case basis case basis „„Areas that are Municipal affairs are under the Areas that are Municipal affairs are under the jurisdiction of a Charter Cityjurisdiction of a Charter City’’s Charter, laws and s Charter, laws and ordinancesordinances„„Areas that are deemed by the courts to be a Areas that are deemed by the courts to be a ““Statewide ConcernStatewide Concern””are subject to State laws are subject to State laws and regulationand regulation Areas ofAreas ofOpportunityOpportunity„„Changes in Purchasing / Contracting Changes in Purchasing / Contracting Process Process „„Reaffirm CityReaffirm City’’s Growth Management Plans Growth Management Plan„„Financial AffairsFinancial Affairs„„Government OrganizationGovernment Organization Changes in Purchasing / Contracting Changes in Purchasing / Contracting Process Process „„Prevailing Wage optionsPrevailing Wage options„„Selection Methodology optionsSelection Methodology options––Design/BuildDesign/Build––LaborLabor––Fiscal ThresholdsFiscal Thresholds Reaffirm CityReaffirm City’’s Growth Management Plans Growth Management PlanAbility to reinforce voterAbility to reinforce voter--approvedapprovedinitiative (Proposition E)initiative (Proposition E)City still has to follow:City still has to follow:––CEQACEQA––General Plan RequirementsGeneral Plan Requirements––Coastal CommissionCoastal Commission––Affordable Housing RequirementsAffordable Housing Requirements––Subdivision Map Act Subdivision Map Act Affordable Housing RequirementsAffordable Housing RequirementsAffordable Housing RequirementsAffordable Housing RequirementsAffordable Housing Requirements Financial AffairsFinancial Affairs„„Assessment Districts/Bond FinancingAssessment Districts/Bond Financing„„Expenditures of Public FundsExpenditures of Public Funds„„State MandatesState Mandates„„Fines, Penalties, ForfeituresFines, Penalties, Forfeitures„„No additional ability to tax citizensNo additional ability to tax citizens Government OrganizationGovernment Organization„„Charter provides range of options Charter provides range of options including:including:––Form of GovernmentForm of Government––Elections (Ex. MidElections (Ex. Mid--Term Council Vacancies)Term Council Vacancies)––Qualifications for Elected OfficialsQualifications for Elected Officials––CompensationCompensation––Quorum RequirementsQuorum Requirements Fiscal ImpactFiscal Impact„„Authorizing $65,000 from Special Election Authorizing $65,000 from Special Election budget to cover Election costsbudget to cover Election costs„„Requesting $45,000 for education effortsRequesting $45,000 for education efforts––Mail out information clarifying the issueMail out information clarifying the issue––Provide information on the webProvide information on the web––Respond to community speaking Respond to community speaking engagements if requestedengagements if requested Charter Language Key PointsCharter Language Key Points„„Grants the maximum power of Home rule Grants the maximum power of Home rule for local authority over local issuesfor local authority over local issues„„Reaffirms the principles of Growth Reaffirms the principles of Growth Management as outlined Proposition E Management as outlined Proposition E Growth Management PropositionGrowth Management Proposition„„City Council retains the maximum City Council retains the maximum flexibility allowableflexibility allowable„„No additional ability to tax citizensNo additional ability to tax citizens Proposed ActionsProposed Actions„„Accept Charter City report Accept Charter City report „„Review and Approve Proposed Charter Language Review and Approve Proposed Charter Language „„Call and give notice of the Special Election Ballot Call and give notice of the Special Election Ballot measure and authorize funds for communication measure and authorize funds for communication actionsactions„„Request Board of Supervisors to consolidate the Request Board of Supervisors to consolidate the election with the Statewide electionelection with the Statewide election„„Authorize certain council members to file written Authorize certain council members to file written argumentsarguments„„Direct the City Attorney to prepare an Direct the City Attorney to prepare an Impartial analysisImpartial analysis„„Provide for filing of rebuttal argumentsProvide for filing of rebuttal arguments QUESTIONS ?QUESTIONS ? Charter LanguageCharter Language„„We the people of the City of Carlsbad, declare our intent We the people of the City of Carlsbad, declare our intent to maintain in our community the historic principles of to maintain in our community the historic principles of selfself--governance inherent in the doctrine of homegovernance inherent in the doctrine of home--rule. rule. We the people of Carlsbad, are sincerely committed to We the people of Carlsbad, are sincerely committed to the belief that local government has the closest affinity the belief that local government has the closest affinity to the people governed and firmly convinced that the to the people governed and firmly convinced that the economic and fiscal independence of our local economic and fiscal independence of our local government will better serve and promote the health, government will better serve and promote the health, safety and welfare of all the citizens of Carlsbad. Based safety and welfare of all the citizens of Carlsbad. Based on these principles, we do hereby exercise the express on these principles, we do hereby exercise the express right granted by the Constitution of the State of right granted by the Constitution of the State of California and do ordain and establish this Charter for California and do ordain and establish this Charter for the City of Carlsbad. the City of Carlsbad. Charter LanguageCharter LanguageARTICLE 1. MUNICIPAL AFFAIRS.ARTICLE 1. MUNICIPAL AFFAIRS.„„Section 100.Section 100.Powers of City.Powers of City.The City shall The City shall have full power and authority to adopt, make, have full power and authority to adopt, make, exercise and enforce all legislation, laws and exercise and enforce all legislation, laws and regulations with respect to municipal affairs, regulations with respect to municipal affairs, subject only to the limitations and restrictions as subject only to the limitations and restrictions as may be provided in this Charter, in the may be provided in this Charter, in the Constitution of the State of California, and in the Constitution of the State of California, and in the laws of the United States. laws of the United States. Charter LanguageCharter LanguageSection 101.Section 101.Municipal Affairs; GenerallyMunicipal Affairs; Generally„„Each of the matters set forth in this Charter are declared Each of the matters set forth in this Charter are declared to be municipal affairs, consistent with the laws of the to be municipal affairs, consistent with the laws of the State of California. The implementation of each matter State of California. The implementation of each matter uniquely benefits the citizens of the City of Carlsbad and uniquely benefits the citizens of the City of Carlsbad and addresses peculiarly local concerns within the City of addresses peculiarly local concerns within the City of Carlsbad. The municipal affairs set forth in this Charter Carlsbad. The municipal affairs set forth in this Charter are not intended to be an exclusive list of municipal are not intended to be an exclusive list of municipal affairs over which the City Council may govern.affairs over which the City Council may govern. Charter LanguageCharter LanguageSection 102. Section 102. Incorporation and SuccessionIncorporation and Succession„„The City of Carlsbad shall continue to be a municipal corporatioThe City of Carlsbad shall continue to be a municipal corporation n known as the City of Carlsbad. The boundaries of the City of known as the City of Carlsbad. The boundaries of the City of Carlsbad shall continue as now established until changed in the Carlsbad shall continue as now established until changed in the manner authorized by law. The City of Carlsbad shall remain vesmanner authorized by law. The City of Carlsbad shall remain vested ted with and shall continue to own, have, possess, control and enjoywith and shall continue to own, have, possess, control and enjoyall all property rights and rights of action of every nature and descripproperty rights and rights of action of every nature and description tion owned, had, possessed, controlled or enjoyed by it at the time towned, had, possessed, controlled or enjoyed by it at the time this his Charter takes affect. The City of Carlsbad shall be subject to aCharter takes affect. The City of Carlsbad shall be subject to all ll debts, obligations and liabilities of the City of Carlsbad at thdebts, obligations and liabilities of the City of Carlsbad at the time e time this Charter takes effect. All lawful ordinances, resolutions, this Charter takes effect. All lawful ordinances, resolutions, rules rules and regulations, or portions thereof, enforced at the time this and regulations, or portions thereof, enforced at the time this Charter takes effect and not in conflict with or inconsistent Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have beenherewith, are hereby continued in force until the same have beenduly repealed, amended, changed or superseded by proper lawful duly repealed, amended, changed or superseded by proper lawful action. action. Charter LanguageCharter LanguageARTICLE 2. FORM OF GOVERNMENTARTICLE 2. FORM OF GOVERNMENTSection 200.Section 200.Form of GovernmentForm of Government„„The municipal government established by this Charter The municipal government established by this Charter shall be known as the shall be known as the ““CouncilCouncil--ManagerManager””form of form of government. The City Council shall establish the policy government. The City Council shall establish the policy of the City; the City Manager shall carry out that policy. of the City; the City Manager shall carry out that policy. Charter LanguageCharter LanguageARTICLE 3. LOCAL LIMITS OF GROWTH CONTROLARTICLE 3. LOCAL LIMITS OF GROWTH CONTROLSection 300. Section 300. Local Limits of Growth ControlLocal Limits of Growth Control„„The citizens of Carlsbad recognize and declare that managing andThe citizens of Carlsbad recognize and declare that managing andlimiting growth and ensuring that necessary public facilities arlimiting growth and ensuring that necessary public facilities are e provided to the citizens of the City of Carlsbad are quintessentprovided to the citizens of the City of Carlsbad are quintessential ial elements of local control and therefore are municipal affairs. Telements of local control and therefore are municipal affairs. The he adoption of this Charter recognizes and reaffirms the principlesadoption of this Charter recognizes and reaffirms the principlesof of the growth management program established by the citizens as the growth management program established by the citizens as Proposition E in 1986 and affirms the principle that this prograProposition E in 1986 and affirms the principle that this program, m, that implements a municipal affair shall be superior to and takethat implements a municipal affair shall be superior to and takeprecedence over any conflicting general laws of the State of precedence over any conflicting general laws of the State of California. The intent of this Charter is to allow the City CouCalifornia. The intent of this Charter is to allow the City Council and ncil and the voters to exercise the maximum degree of control over land uthe voters to exercise the maximum degree of control over land use se matters within the City of Carlsbad. matters within the City of Carlsbad. Charter LanguageCharter LanguageARTICLE 4. REVENUE, SAVINGS AND GENERATIONARTICLE 4. REVENUE, SAVINGS AND GENERATIONSection 400. Section 400. Economic and Community DevelopmentEconomic and Community Development„„Subject to the expenditure limitation established by the citizenSubject to the expenditure limitation established by the citizens of s of Carlsbad Proposition H in 1982, the City shall have the power toCarlsbad Proposition H in 1982, the City shall have the power toutilize revenues from the general fund to encourage, support andutilize revenues from the general fund to encourage, support andpromote economic and community development in the City.promote economic and community development in the City.Section 401.Section 401.Public FinancingPublic Financing„„The City Council shall have the power to establish standards, The City Council shall have the power to establish standards, procedures, rules and regulations relating to financing of publiprocedures, rules and regulations relating to financing of public c improvements and services.improvements and services. Charter LanguageCharter LanguageSection 402.Section 402.Utility FranchisesUtility Franchises„„The City Council shall have the power to provide for the acquisiThe City Council shall have the power to provide for the acquisition, tion, development or operation by the City of any public utility and/odevelopment or operation by the City of any public utility and/or to r to grant any franchise, license or permit to any public utility whigrant any franchise, license or permit to any public utility which ch proposes to use or is using City streets, highways or other righproposes to use or is using City streets, highways or other rightsts--ofof--way.way.Section 403. Section 403. EnterprisesEnterprises„„The City shall have the power to engage in any enterprise The City shall have the power to engage in any enterprise determined necessary to produce revenues for the general fund ordetermined necessary to produce revenues for the general fund orany other fund established by the City Council that promotes a any other fund established by the City Council that promotes a public purpose.public purpose. Charter LanguageCharter LanguageSection 404.Section 404.ContractsContracts„„The City Council shall have the power to establish The City Council shall have the power to establish standards, procedures, rules or regulations relating to all standards, procedures, rules or regulations relating to all aspects of the award and performance of contracts, aspects of the award and performance of contracts, including contracts for the construction of public including contracts for the construction of public improvements, including, but not limited to, improvements, including, but not limited to, compensation paid for performance of such work.compensation paid for performance of such work. Charter LanguageCharter LanguageARTICLE 5. REVENUE RETENTIONARTICLE 5. REVENUE RETENTIONSection 500.Section 500.Reductions ProhibitedReductions Prohibited„„All revenues due to, and raised by the City, shall remain withinAll revenues due to, and raised by the City, shall remain withinthe the City of Carlsbad for appropriation solely by the City Council. City of Carlsbad for appropriation solely by the City Council. No No such revenue shall be subject to subtraction, retention, attachmsuch revenue shall be subject to subtraction, retention, attachment, ent, withdrawal or any other form of involuntary reduction by any othwithdrawal or any other form of involuntary reduction by any other er level of government. level of government. Section 501. Section 501. Mandates LimitedMandates Limited„„No person, whether elected or appointed, acting on behalf of theNo person, whether elected or appointed, acting on behalf of theCity, shall be required to implement or give effect to, any funcCity, shall be required to implement or give effect to, any function tion which is mandated by any other level of government, unless and which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are until funds sufficient for the performance of such function are provided by such other level of government.provided by such other level of government. Charter LanguageCharter LanguageARTICLE 6. GENERAL LAWSARTICLE 6. GENERAL LAWSSection 600.Section 600.General Law PowersGeneral Law Powers„„In addition to the power and authority granted by the terms of tIn addition to the power and authority granted by the terms of this his Charter and the Constitution of the State of California, the CitCharter and the Constitution of the State of California, the City shall y shall have the power and authority to adopt, make, exercise and enforchave the power and authority to adopt, make, exercise and enforce e all legislation, laws, and regulations and to take all actions aall legislation, laws, and regulations and to take all actions and to nd to exercise any and all rights, powers and privileges heretofore orexercise any and all rights, powers and privileges heretofore orhereafter established, granted or prescribed by any law of the Shereafter established, granted or prescribed by any law of the State tate of California or by any other lawful authority. In the event ofof California or by any other lawful authority. In the event ofany any conflict between the provisions of this Charter and the provisioconflict between the provisions of this Charter and the provisions of ns of the general laws of the State of California, the provisions of tthe general laws of the State of California, the provisions of this his Charter shall control. Charter shall control. Charter LanguageCharter LanguageARTICLE 7. INTERPRETATIONARTICLE 7. INTERPRETATIONSection 700.Section 700.Construction and Interpretation.Construction and Interpretation.„„The language contained in this Charter is intended to be permissThe language contained in this Charter is intended to be permissive ive rather than exclusive or limiting and shall be liberally and brorather than exclusive or limiting and shall be liberally and broadly adly construed in favor of the exercise by the City of its powers to construed in favor of the exercise by the City of its powers to govern with respect to any matter which is a municipal affair.govern with respect to any matter which is a municipal affair.Section 701. Section 701. SeverabilitySeverability„„If any provision of this Charter should be held by a final judgmIf any provision of this Charter should be held by a final judgment of ent of a court of competent jurisdiction to be invalid, void or a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Charter shall reunenforceable, the remaining provisions of this Charter shall remain main enforceable to the fullest extent permitted by law.enforceable to the fullest extent permitted by law. Charter LanguageCharter LanguageARTICLE 8. AMENDMENTARTICLE 8. AMENDMENTSection 800.Section 800.Amendment to Charter, revised or repealedAmendment to Charter, revised or repealed„„This Charter, and any of its provisions, may be amended by a This Charter, and any of its provisions, may be amended by a majority vote of the electors voting on the question. Amendmentmajority vote of the electors voting on the question. Amendmentor or repeal may be proposed by initiative or by the governing body.repeal may be proposed by initiative or by the governing body.