HomeMy WebLinkAbout2018-10-30; City Council; ; Local Municipal Authority, Control and Revenue~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
October 16, 2018
Mayor and City Council
Scott Chadwick, City Manager
Jason Haber, Assistant to the City Manager ,.
Jason.haber@carlsbadca.gov or 760-434-2958
Local Municipal Authority, Control and Revenue
Recommended Action
CA Review ~
Consider taking action related to a 2018 League of California Cities Annual Conference
Resolution, which calls upon the League to respond to increasing vulnerabilities to local
municipal authority, control and revenue and to explore the preparation of a ballot measure
and/or constitutional amendment that would strengthen local democracy and authority.
Executive Summary
On August 21, 2018, the City Council directed staff to place an item on a future City Council
agenda to discuss a then-proposed League of California Cities Annual Conference Resolution,
which calls for the League to explore the preparation of a ballot measure and/or constitutional
amendment that would provide the state's voters an opportunity to respond to the increasing
vulnerabilities to local municipal authority, control and revenue.
The League's 2018 Annual Conference was held September 12-14, 2018, in Long Beach. The
League General Assembly met on September 14 and approved the resolution in Exhibit 1. This
item presents an opportunity for the City Council to discuss the League Resolution, as well as a
draft resolution and letter of support for City Council consideration.
Discussion
As contemplated in the August 21 City Council direction to staff, this item provides the City
Council with an opportunity to discuss and decide whether to take action by adopting a
resolution in support of the League of California Cities' efforts to strengthen local control and
local democracy (Exhibit 2), approving a letter of support for the League's efforts (Exhibit 3), or
directing staff to prepare a resolution or letter of support that is different than those provided.
The City Charter (Exhibit 4) and Legislative Platform provide a sound basis to support adoption
of the draft resolution and for submitting a letter of support. As is stated in the Preamble to the
City Charter:
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
October 30, 2018 Item #7 Page 1 of 11
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 ...
Furthermore, the city's Legislative Platform includes position statement l(a), which states that
the city opposes legislation or constitutional amendments that weaken or interfere with the
powers of charter cities to preserve local autonomy or home rule authority.
Next Steps
The City Council may take any (or a combination) of the following actions on this matter:
1. Adopt a resolution supporting the League of California Cities' response to increasing
vulnerabilities to local municipal authority, control and revenue, as proposed, or with
amendments;
2. Approve a letter of support for the 2018 League of California Cities Conference
Resolution, as proposed, or with amendments;
3. Identify the key policy statements to include, and direct staff to prepare a resolution
and/or letter of support that is different than those provided in Exhibit 2 and/or Exhibit
3 for City Council consideration at a future meeting; or
4. Take no further action.
Fiscal Analysis
No city funding is being requested at this time.
Environmental Evaluation (CEQA}
Pursuant to Public Resources Code Section 21065, this action of discussing a resolution
regarding local control and local democracy, does not constitute a "project" within the meaning
of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a
direct physical change in the environment, or a reasonab ly foreseeable indirect physical change
in the environment, and therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act (California Government Code
Section 54950 et seq.), published and distributed at least 72 hours prior to the meeting date
and time.
Exhibits
1. 2018 League of California Cities Annual Conference Resolution
2. Draft Resolution Supporting the League of California Cities' Response to Increasing
Vulnerabilities to Local Municipal Authority, Control and Revenue
3. Draft Letter of Support for 2018 League of California Cities Conference Resolution
4. Charter of the City of Carlsbad
October 30, 2018 Item #7 Page 2 of 11
EXHIBIT 1
RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING UPON THE LEAGUE TO RESPOND
TO THE INCREASING VULNERABILITIES TO LOCAL MUNICIPAL AUTHORITY, CONTROL AND
REVENUE AND EXPLORE THE PREPARATION OF A BALLOT MEASURE AND/OR
CONSTITUTIONAL AMENDMENT THAT WOULD FURTHER STRENGTHEN LOCAL DEMOCRACY
AND AUTHORITY
Source: City of Beverly Hills
Concurrence of five or more cities/city officials
Cities: Duarte; Oceanside
City Officials: Sho Tay, Mayor, Arcadia; Emily Gabel-Luddy, Mayor, Burbank; Steven Scharf,
Council Member, Cupertino; Alan Wapner, Mayor pro Tern, Ontario; Lydia Kou, Council
Member, Palo Alto; Bill Brand, Mayor, Redondo Beach; David Terrazas, Mayor, Santa Cruz;
Michael Goldman, Council Member, Sunnyvale; Patrick Furey, Mayor, Torrance; Lauren Meister,
Council Member, West Hollywood
Referred to: Governance, Transparency & Labor Relations; Housing, Community & Economic
Development; Revenue and Taxation; and Transportation, Communication & Public Works
Policy Committees
WHEREAS, the State of California is comprised of diverse communities that are home to
persons of differing backgrounds; needs, and aspirations; yet united by the vision that the most
accessible, responsive, effective, and transparent form of democratic government is found at
the local level and in their own communities; and
WHEREAS, subsidiarity is the principle that democratic decisions are best made at the
most local level best suited to address the needs of the People, and suggests that local
governments should be allowed to find solutions at the local level before the California
Legislature imposes uniform and overreaching measures throughout the State; and
WHEREAS, the California Constitution recognizes that local self-government is the
cornerstone of democracy by empowering cities to enact local laws and policies designed to
protect the local public health, safety and welfare of their residents and govern the municipal
affairs of charter cities; and
WHEREAS, over recent years there have been an increasing number of measures
introduced within the Legislature or proposed for the state ballot, often sponsored by powerful
interest groups and corporations, aimed at undermining the authority, control and revenue
options for local governments and their residents; and
WHEREAS, powerful interest groups and corporations are willing to spend millions in
political contributions to legislators to advance legislation, or to hire paid signature gatherers to
qualify deceptive ballot proposals attempting to overrule or silence the voices of local residents
and their democratically-elected local governments affected by their proposed policies; and
October 30, 2018 Item #7 Page 3 of 11
WHEREAS, powerful interest groups and corporations propose and advance such measures
because they view local democracy as an obstacle that disrupts the efficiency of implementing
corporate plans and increasing profits and therefore object when local residents-either
through their elected city councils, boards of supervisors, special district boards, or by action
of local voters-enact local ordinances and policies tailored to fit the needs of their individual
communities; and
WHEREAS, public polling repeatedly demonstrates that local residents and voters have the
highest levels of confidence in levels of government that are closest to the people, and thus
would be likely to strongly support a ballot measure that would further strengthen the ability of
communities to govern themselves without micromanagement from the state or having their
authority undermined by deep-pocketed and powerful interests and corporations.
RESOLVED that the League of California Cities should assess the increasing vulnerabilities to
local authority, control and revenue and explore the preparation of a ballot measure and/or
constitutional amendment that would give the state's voters an opportunity to further
strengthen local authority and preserve the role of local democracy to best preserve their local
quality of life.
October 30, 2018 Item #7 Page 4 of 11
October 30, 2018
Jan Arbuckle, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
EXHIBIT 2
{city of
Carlsbad
SUBJECT: SUPPORT FOR 2018 CONFERENCE RESOLUTION IN RESPONSE TO THE
INCREASING VULNERABILITIES TO LOCAUMUNICIPAL AUTHORITY, ·/.~.-:,.-;:,.
CONTROL AND REVENUE ,•;;1;;::),[)},-.
. ~i,'·• , ;f&.~ ..
Dear Ms. Arbuckle: / ;;, ' 1.~w:-
•;,/~1\S, p :.f~!,}(:., .
The City of Carlsbad supports the approvecl;'.i..eague of California Citie.s, Annual Conference
Resolution calling for the League to explo;~ {ht.preparayon of a b~IJot measure and/or
constitutional amendment that would provide th~$rat~'-~jr6ters an opp'Qrl:;t,mity to further
/,/., •. ~/..-r·1 ~ //%:, / ;/. '//.~ ,';,-
Strengthen local authority and pnff~D%;~e role ofl~~j ~emocracy. './y
·,;.;.;. '✓,-/ ❖/•:• . .,.~-'."/,:~;,
State legislation introduced by the l~ii~l?'tJ\;:~·;in.,1,J_oth 20t17Z~~d 2018 has threatened to erode .. ,,, ',I. ,I/,.,,. ·-·••,•·:•✓,
local control. Whether this was SB 64'9_f(Hueso1\Wtr;eless T~f~<;:ommunications Facilities or
SB 82 7 (Wiener) Pla-ijlh#i'fg~~pd Zonini k Tra1'~ikl{Jcµ,✓, Hojfiiit Bonus, legislatures are ,·'/;;;;;;:7 .. 'j,'.,-y} '//,'•, ,,~/;,;,, .,,_,,,07.,.
frequently introdu~;t~efpropci'sfl~, that impJ9g.e{oh the•:49p,ity of a local government to
institute discretionafyJtgislatiogAAiat is respo.nsive to the r{eeds of their constituents.
/?~:;f~;::~~ ,d//f,: >~0 <," .-:);~,
These contfntraUn:c:ursiorir fut&f[t[rfSntrol by\B:~ state legislature, and powerful interest ,.,,,J;;;?_;J~,,¾;,•,·,,_::::✓,,}1;.,;;::?1-6:,-;:;.~::_,,,/' ,., '.~V~ ,,'.)(,;:~ . •,•.;~,.,.i~
groupJ;tJg~-tild be pt~"'~j};~ited·iP,::i reas wh:ef~)y__\~'.ilnwarranted and does not best serve the
uniqu~communities that'.make 'up the state of 0alifornia. ·,{;j/h. ..,<tffet;-<:,,:?~\ .
The General-t~;~embly's appr9,val of' t~.e, resolution proposed by the City of Beverly Hills
provided direcfion to the E;'eague to··• pursue a ballot measure and/or constitutional
amendment thaK~ould strer{~~en local democracy and authority. The City of Carlsbad
,;.,-:.-:~• .. •, //,1._'/· strongly supports tlie)4~ague';s_;~fforts in furtherance of this resolution.
Sincerely, ✓:.~fiJ{/%~gt"
Matt Hall
Mayor
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t October 30, 2018 Item #7 Page 5 of 11
EXHIBIT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESPONSE
TO THE INCREASING VULNERABILITIES TO LOCAL MUNICIPAL AUTHORITY,
CONTROL AND REVENUE AND PREPARATION OF A BALLOT MEASURE
AND/OR CONSTITUTIONAL AMENDMENT THAT WOULD FURTHER
STRENGTHEN LOCAL DEMOCRACY AND AUTHORITY
WHEREAS, the City Council of the City of Carlsb9d§. California opposes legislation or
///·. •,·/ ',
constitutional amendments that weaken or interfere with the,p:o;ers of charter cities, local autonomy
or home rule authority; and
WHEREAS, the State of California is comprised of diverse commt.mities that are home to
persons of differing backgrounds, needs, and aspirations; yet united by the vision that the most
/
accessible, responsive, effective, and transparent form of democratic governm~ntis found at the
local level and in their own communitiesiand
WHEREAS, subsidiarity is the princi~J~<th;fdemocratic/dedsions are best made at the
most local level best suitedto add.ress the~i~ds of thleeople, and suggests that local governments . . . -. / . . . .
should be allowed to findsolutio~;atthe local level b.J{&re tli~California Legislature imposes
••• • ••• •v •• •
uniform and overreachingrneasuresth~oughout th~igtate; and . :/:",
WHEREAS>the Califomiatonititulk>n recog~izes that local self-government is the /:;>'.~' . . / / ·-.•. /·', ...... -. . / ' . /,
/·
cornerstoneofdemocratybyempowe.ring citiestoenact local laws and policies designed to ·.. . _/ .·.. -. . . . :
protect the loc.:il public health,>s?fety and welfare of their residents and govern the municipal
affairs of charter cities; and
WHEREAS, oveprecent yearsthere have been an increasing number of measures
introduced within the Leglslatureqr proposed for the state ballot, often sponsored by powerful
interest groups and corporations, aimed at undermining the authority, control and revenue options
for local governments and their residents; and
WHEREAS, powerful interest groups and corporations are willing to spend millions in
political contributions to legislators to advance legislation, or to hire paid signature gatherers to
qualify deceptive ballot proposals attempting to overrule or silence the voices of local residents
and their democratically-elected local governments affected by their proposed policies; and
October 30, 2018 Item #7 Page 6 of 11
WHEREAS, powerful interest groups and corporations propose and advance such measures
because they view local democracy as an obstacle that disrupts the efficiency of implementing
corporate plans and increasing profits and therefore object when local residents-either through
their elected city councils, boards of supervisors, special district boards, or by action
of local voters-enact local ordinances and policies tailored to fit the needs of their individual
communities; and
WHEREAS, public polling repeatedly demonstrates that local residents and voters have the
highest levels of confidence in levels of government that are closest to the people, and thus would be
likely to strongly support a ballot measure that would further strengthen the ability of communities
to govern themselves without micromanagement from the state or having their authority
undermined by deep-pocketed and powerful interests and corporations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the City of Carlsbad strongly supports the League of California Cities efforts to
assess the increasing vulnerabilities to local authority, control and revenue and
exploration of the preparation of a ballot measure and/or constitutional amendment
that would give the state's voters an opportunity to further strengthen local authority
and preserve the role of local democracy to best preserve their local quality of life.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
October 30, 2018 Item #7 Page 7 of 11
EXHIBIT 4
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.
1 01/09/08; Amended 12/14/10; Amended 12/11/12
October 30, 2018 Item #7 Page 8 of 11
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.
2 01/09/08; Amended 12/14/10; Amended 12/11/12 October 30, 2018 Item #7 Page 9 of 11
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.
Section 502. Retention of Benefits
Safety employees hired on or after October 4, 2010 and miscellaneous employees hired after
November 27, 2011 (the effective date of the ordinances amending the City's contracts with
CalPERS to create a second tier of retirement benefits for safety and miscellaneous employees)
shall not have their retirement benefit formulas ( commonly known as the 2% at 50 years of age or
2% at 60 year of age formulas respectively) increased without an amendment to this section. The
City Council may reduce this formula as provided in state law without an amendment to this
section.
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.
3 01/09/08; Amended 12/14/10; Amended 12/11/12 October 30, 2018 Item #7 Page 10 of 11
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.
4 01/09/08; Amended 12/14/10; Amended 12/11/12 October 30, 2018 Item #7 Page 11 of 11