HomeMy WebLinkAbout2007-07-18; City Council; Minutes (2)MINUTES
CITY OF CARLSBAD CITY COUNCIL WORKSHOP
SPECIAL MEETING
Faraday Administration Offices
1635 Faraday Avenue
Room173A
Carlsbad, CA 92008
Wednesday, July 18, 2007
CALL TO ORDER: The meeting was called to order at 10:01 a.m.
ROLL CALL: The Mayor and all Council Members were present.
1. Council discussion on Council Member reports on regional roles and assignments, as
necessary, including:
Nygaard Buena Vista Lagoon JPA
City/School Committee
LOSSAN Corridor Board of Directors
North County Dispatch Joint Powers Authority (alternate)
North County Transit District Board of Directors
North County Transit District Planning Committee
Council Member Nygaard reported that she is on the North County Transit District
Subcommittee on transit stations.
Packard Buena Vista Lagoon JPA
City/School Committee
EFJPA
Encina Joint Powers (JAC)
Encina Wastewater Authority
League of California Cities - SD Division
League of California Cities Transportation, Communication & Public Works
Committee
North County Dispatch Joint Powers Authority
Council Member Packard requested that the City/School Committee hold a meeting.
Hall Chamber of Commerce Liaison
League of California Cities Revenue and Taxation Committee
SANDAG Board of Directors
SANDAG Public Safety Committee
SANDAG Executive Committee
Council Member Hall discussed the various HMP and housing discussions held by
SANDAG. He noted that preserved land along the coast should be as valued as
preserved back country land.
Special Meeting Workshop July 18, 2007 Page 2
Kulchin American Coastal Coalition Board of Directors
American Shore & Beach Preservation Association, Board of Directors
CalCoast Board of Directors
Carlsbad ConVis (alternate)
Encina Joint Powers (JAC)
Encina Wastewater Authority (EWA)
North County Transit District (alternate)
*San Diego Authority for Freeway Emergencies (SAFE)
SANDAG Board of Directors (2ndalternate)
*SANDAG Shoreline Preservation Committee
Mayor Pro Tern Kulchin stated that the Shoreline Preservation working group will be
coming to Council with a resolution for beach restoration.
Lewis Chamber of Commerce Liaison
LAFCO Cities Advisory Committee
North County Mayors and Managers
SANDAG (1st alternate)
San Diego County Water Authority Board of Directors
Mayor Lewis discussed the Southern California water reserves. He noted that 2008,
without relief from the draught, will be a very difficult year for citizens. He noted that
various agencies are working on conservation of water resources. He also noted that
the Poseidon desalination project will return to the Coastal Commission in the winter of
2007.
2. Discussion and overview of budgets, fund sources, expenditures and balances and
financial forecasts.
Director of Finance Lisa Irvine gave a presentation regarding the Operating and Capital
Budgeting. (This presentation is on file in the Office of the City Clerk.) She discussed the
replacement funding in place within the budget. Ms. Irvine also gave details regarding the
General Fund, Special Funds and special Finance themes such as fiscal discipline. Ms.
Irvine covered the ten-year financial forecast and the Operating budget. Ms. Irvine also
discussed the Prop C projects and current funding allocations. Ms. Irvine ended the
presentation by listing several unfunded projects.
In response to Council Member Hall, Ms. Irvine confirmed that funding for open space
monitoring and maintenance are included in the budget. Ms. Irvine also confirmed that a
certain percentage of the General Fund is set aside for the replacement fund.
In response to Council Member Nygaard, Ms. Irvine explained the instances when it is
feasible to loan monies from one project to another.
In response to Council Member Packard, Ms. Irvine stated that there is no policy regarding
reserve percentages. She also confirmed that there is historic data accessible regarding
budget surpluses.
In response to Council Members, Community Development Director Sandra Holder read a
list of potential funding sources that could be affected by the City's compliance status with
the State Housing Element.
Special Meeting Workshop July 18, 2007 Page 3
Ms. Irvine also discussed the funding sources for state unfunded mandates. In response
to the Mayor, Ms. Irvine agreed to total the amounts of monies required to date by
unfunded state mandates.
Council Member Hall stated that he wished to have a discussion regarding Prop C projects
and funding. Mayor Lewis agreed that he, too, would like a special element discussion
regarding Prop C and to have open space parcels maps made available.
3. Discussion and overview of the goals and objectives of Fire Department including
preparedness, labor and education.
This item was presented after item number 4.
4. Discussion of powers and duties of a charter city and work plan for further investigation.
The Mayor requested that this item be presented after item number 2.
Assistant City Manager Lisa Hildabrand and Sr. Management Analyst Joe Garuba
presented this item. Ms. Hildabrand gave Council an overview of a proposed work plan to
summarize changes under a Charter City governance (all information is on file in the Office
of the City Clerk). Noting that the City is currently a General Law City, Ms. Hildabrand
spoke regarding the simplicity or complexity of a Charter City ballot measure. She stated
that, if Council concurs, staff can produce this work plan which would point out how other
cities have used these powers and how a Charter City status can benefit Carlsbad.
Mr. Garuba pointed out that one out of four California cities is a Charter City. He noted that
the work plan under consideration would take two to three months and cost $25,000 to
$50,000. He also noted that the work could be done by staff or by consultant.
Council Member Nygaard stated that she would like data in the report/plan that discusses
cities who have considered becoming a Charter City but who chose not to change their
status.
The Council agreed that staff should proceed with the report and work plan and that staff,
rather than a consultant, should produce the materials.
Discussion ensued regarding possible election dates in 2007 and 2008. Council Member
Hall asked that the Clerk return with cost estimates for the June and November 2008
elections.
Council recessed briefly for lunch and returned to item number 3 at 12:40 p.m.
Director of Human Resources Julie Clark, Fire Chief Kevin Crawford and Fire Division
Chief Chris Heiser gave the presentation on the Fire Service to Council. All handouts for
this item are on file in the Office of the City Clerk. Chief Crawford gave a brief history of
how the Fire Service has grown in number of calls and responsibilities. Chief Heiser
presented the data on how the Fire Department staffs its 24/7 schedule. Discussion
ensued regarding overtime and overtime policies utilized by the Fire Department. Chief
Heiser also discussed training, training schedules and department expectations. Chief
Special Meeting Workshop July 18, 2007 Page 4
Heiser then discussed the resource commitments (personnel, equipment) for various levels
of emergency.
Mayor Lewis requested that this presentation be brought to a Regular Council Meeting in
the near future.
Council Member Packard left the Special Meeting at 1:58 p.m.
Mayor Lewis left the Special Meeting at 2:00 p.m.
Ken Sugahara, Fire Captain, asked Chief Crawford about the timing of the Strategic
Planning Processes' Standards of Coverage Study.
5. Receipt and discussion of Planning Commission comments and concerns regarding
development processing, procedures, and other land use issues.
This item was not discussed.
6. Discussion of Council efficiency and effectiveness including impact of regional
assignments with regard to contact with other Council members, decision and
policymaking, serving the community and effective methods of feedback.
This item was not discussed.
7. City Manager review of goal and major project tracking report and update discussion of
Council goal setting process and discussion of capacity and effectiveness in the
delivery of City processes and services.
This item was not discussed.
8. Discussion of feedback, communications or correspondence on issues for the good of
the community, including directions to the City Manager or City Attorney, as
appropriate, for the scheduling of items for future agendas, workshops or study
sessions.
This item was not discussed.
9. Public Comment.
Diane Nygaard, 5020 Nighthawk Way, Oceanside, spoke in support of acquisition of more
open space. She spoke regarding the proposed Housing Element and stated that specific
areas should be preserved in open space.
Shelly Hayes Carron, Marron Adobe, stated she wanted to review all communication to
Council regarding the Housing Element item from the Regular Meeting of July 17, 2007.
Ms. Carron stated her support for the preservation of open space in the Quarry Creek area.
Kasey Cincerelli, Lyons Ct., spoke in support of land preservation and ecotourism.
Special Meeting Workshop July 18, 2007 Page 5
ADJOURNMENT : The Meeting was adjourned by Mayor Pro Tern Kulchin at 2:38 p.m.
Lorraine M. Wood, CMC
City Clerk
CC_
City of Carlsbad
City Council Workshop
Operating and Capital Budgeting
July 18, 2007
Budget Themes
Budget and CIP Overview
Themes / Observations
Operating and CIP Budget Overview
• Capital Improvement Program
• Construction of facilities, parks, infrastructure
• Operating Budget
• Operation and Maintenance of facilities, parks,
infrastructure
• Personnel and related costs
• Replacement Funds
Operating
Budget
Replacement
Funds Capital Budget
City of Carlsbad Budget
Operating
Budget
Capital Improvement
Program
Common Perception
Sewer
Street Lights
i Storm Drains
i Road Improve
i Parks
2
The Business of Government
General Fund
"Green Money'
Sales tax
Property tax
Transient Occupancy tax
• (Hotel room tut)
Building permit fees
Business licenses
i Planning fees
i Fines
Special "Funds"
Water bills ("Blue Money")
• The person paying a water bill has a right
to expect that the money paid to the city
will be used to provide water services,
NOT to pay for unrelated costs.
• Statutory restrictions
Special "Funds"
Gasoline Tax:
• The person paying gasoline taxes has a
right to expect that those monies will
be used to fund road improvements
and repairs, NOT unrelated costs.
• Statutory restrictions
Special "Funds"
Gray Money
Developer Fees
• The principle is: New development must
pay its own way. Current residents
should not pay for facilities needed to
serve new development.
• Developers paying fees for specific
projects have a right to expect that their
money will be used for those projects,
NOT unrelated expenses
• Statutory restrictions
The Business of Government
Multiple businesses
Strong link between the person who pays for
services and the use of the money
Statutory restrictions
Stewardship obligation
Importance of:
• Budget / Audit / Reporting
Budget Themes
Fiscal Discipline
Escalating PfojectfCosts
i Ongoing Pressure for New Projects and
Increased Scope
i Choices and Tradeoffs
i Local Discretion for Revenue Generation is
Diminished
Budget Themes (cont.)
Unfunded Mandated Costs
i Development Fees Declining
i Appropriate Adjustments to Prepare for Future
i Fiscal Impact Considered in Decision Making
Operating Budget
• Ten Year Financial Forecast
• Replacement Funds
• Fund Balance
Ten Year Financial Forecast
Ten Year Financial Forecast
General Fund Revenue
• Considers Rconomy and Growth
• Considers Land Development
i General Fund Expenditures
• Assumes 7-11 new position? annually
• Assumes growth in salaries and benefits
• I;ully funds pension related expenses
• Assumes fully funded retiree health benefits
Ten Year Financial Forecast
General Fund Expenditures (cont.)
• Maintenance and operation expenses grow by CPI
• Includes vehicle maintenance and replacement
• Assumes operation and maintenance of existing
facilities and infrastructure
• Assumes operation and maintenance of new facilities
opening over next ten years
Replacement Funds
Infrastructure Replacement Fund
Water
Recycled Water
i Sewer
i Information Technology
i Fleet
i Fire Dispatch
General Fund
Estimated Balance at 6/30/07
Plus: FY 08 Surplus
Less Advance
(Medians/SCCRA Funds)
Estimated Balance at 6/30/08
Balance
$ 60.7 million
5.4 million
-0.3 million
$ 65.8 million
"Prop C" Projects
Original .. „_, . s . „ AllocatioEstimated Cost
Original Set Aside,.; - I f-^^/'f- [' $35,000,OQOJfc". • '~' [i-' "viC*\ I \•,*•»><• jKfff-
Aquatic Complex SS,000,000
City / Safety Training $8,000,000
Facility
n Rd.-Reach 4 $15,500,000
Trails/Open Space $4,500,000
Remaining Allocation IJa-iJ.MS*;', * [*- $17,734,1
. • - :. U-i- --',. ,,,-,-„ «v
Capital Budget
Public Facilities Fee Fund
• Pine Park Projects
• Restroom and Storage Facility
• Madison Properties
Pine Ave Park Phase 1-A
Madison Properties
Amenities
• Ornamental Garden
• Fountain
» Seating
• Parking
• Lighting
i $1,900,000
• Unfunded
MADISON ST
8
Unfunded Projects
PAR Widening and
Bridge Reconstruction
Cannon Lake Park
Hosp Grove/Buena
Vista Lagoon Rec'l
Improvements
ECR Widening - Cassia
Road to Camino Vida
Roble
$ 10,500,000
$ 2,243,000
$ 1,280,000
$ 4,026,000
Unfunded Projects (cont.)
Poinsettia Lane — Reach E
Cannon Rd. Reach 4
Pine Park — Madison
Properties
Pine Park - RR and
Storage Facility
• $ 2,040,000
• $ 14,172,00
• $ 1,900,000
• $ 372,900
Conclusion
Fiscal Discipline
i Continue to make decisions taking into
consideration the fiscal impact
i Continue to monitor operating budget and
capital
i Watch State of California and economy
i Make adjustments regularly
i Fiscal Discipline
CC-
City Council Budget Workshop
July 18, 2007
Proposed Agenda
1) Budget Themes
a. Budget and CIP Overview
b. Themes/Observations
2) Operating Budget
a. 10 Year Financial Forecast
b. Replacement Funds
c. Fund Balance
3) Capital Budget
a. Proposition C
i. City/Safety Training Center
ii. Cannon Road Reach 4
iii. Trails and Open Space
iv. A swimming pool complex
b. Public Facilities Fee
i. Pine Park
- Rest Room and Storage Facility
- Madison Properties
c. Unfunded Projects
> 7
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I
July 17, 2007
TO: MAYOR AND CITY COUNCIL
FROM: CHARTER CITY TEAM
Charter City Proposed Work Plan
The City Council has recently posed a series of questions regarding Charter
Cities and their benefits. Currently, the City of Carlsbad is a general law city
which means that it gets its power from the State laws and the state legislature.
The other option for the City is to become a Charter city. A Charter city derives
its power and authority directly from the State constitution which generally gives it
broader powers than under the state law. Of the two types, Charter cities are
considered to be more "Home Rule" oriented.
One possibility in considering a change is that a city could become a Charter City
without changing any provisions regarding the way it currently governs. The
change would simply give it the power to govern more of its own future destiny.
On the other hand, some cities have chosen to combine a change in their form of
government with one or more changes in operations, For example, a change to
charter status could include changes to the way elections are held, to the way
public contracts are let, or to numerous other provisions of a city's current
ordinances. Attached is a copy of the City of Vista's recently adopted Charter
(Exhibit 1) and a list of typical provisions that are generally found in charter
documents (Exhibit 2).
Attached for your review (which was previously distributed by the City Attorney)
is the initial evaluation and general overview of the two types of governments and
their pros and cons (Exhibit 3). As part of this research, staff identified several
areas where additional clarification is needed in order to more fully answer
Council's questions. Since the authority given under a charter is broad rather
than restrictive, staff's proposed research will focus on how other cities have
used the authority given to them under a charter and how the change in authority
may be of benefit to the City of Carlsbad.
The attached matrix compares the significant powers for both Charter and
General Law cities and highlights those parts where staff believes additional
investigation is warranted (Exhibit 4). First and foremost, staff sees a need to
conduct some general research on other cities that have converted from a
General Law to a Charter. Included in this would be an informal survey and
interview component with those jurisdictions. Other areas of research include
topics such as prevailing wage and contracting, vacancies and terminations, and
financing and taxation authority.
If made a priority and done with internal staff, the projected timeframe to
complete this research and fact-finding is approximately 2-3 months from the
time Council directs staff to begin.
The result of this research should be a greater understanding of this issue and
the potential impacts to the City of Carlsbad if Council chooses to pursue
converting to a charter form of government.
Options for possible election dates are attached (Exhibit 5) and the City Council
has previously received from the City Attorney the requirements for establishing
a Charter Commission if Council so chooses.
Please let me know if you have any questions or comments.
Exhibit 1
CHARTER
OFTHE
CITY OF VISTA
PREAMBLE
WE THE PEOPLE of the City of Vista declare our intent to restore to our community the
historic principles of self governance inherent in the doctrine of home-rule. Sincerely
committed to the belief that local government has the closest affinity to the people
governed, and firm in the conviction 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 this City, we do hereby exercise the express right granted by the Constitution
of the State of California to enact and adopt this Charter for the City of Vista.
CHARTER
Article i
Municipal Affairs
Section 100. Municipal Affairs
Each of the responsibilities of governance set forth and described in this Charter, and as
established by the Constitutional, statutory and judicially defined law of the State of
California, is hereby declared to be a municipal affair or concern, the performance of
which is unique to the benefit of the citizens of the City of Vista.
Section 101. Powers
The City shall have all powers that a City can have under the Constitution and laws of
the State of California as fully and completely as though they were specifically
enumerated in this Charter. The enumeration in this Charter of any particular power,
duty or procedure shall not be held to be exclusive of, or any limitation or restriction
upon, this general grant of power.
Section 102. Incorporation and Succession
The City shall continue to be a municipal corporation known as the City of Vista. The
boundaries of the City of Vista shall continue as now established until changed in the
manner authorized by law. The City 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 effect, and is hereby declared to be the successor of same. It shall be
subject to all debts, obligations and liabilities, which exist against the City at the time
this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or
portions thereof, in force 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 authority.
Page i of 3
Articles
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 will establish the policy of the City and
the City Manager will carry out that policy.
Articles
Fiscal Matters
Section 300. Public Works Contracts
The City is exempt from the provisions of all California statutes regulating public
contracting and purchasing except as provided by ordinance or by agreement approved
by the City Council. The City shall establish all standards, procedures, mles or
regulations to regulate all aspects of public contracting.
Section 301. Economic and Community Development
The City shall encourage, support, and promote economic development and community
development in the City.
Article 4
Revenue Retention
Section 400. Reductions Prohibited
Revenues raised and collected by the City shall not be subject to subtraction, retention,
attachment, withdrawal or any other form of involuntary reduction by any other level of
government.
Section 401. Mandates Limited
No person, whether elected or appointed, acting on behalf of the City, shall be required
to perform 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 said
mandating authority.
Article 5
General Laws
Section 500. 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.
Page 2 of3
Articled
Interpretation
Section 600. Construction & 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 power to govern with respect to any matter which is a municipal affair.
Section 601. Severability
If any provision of this Charter should be held by a court of competent jurisdiction to be
invalid, void or otherwise unenforceable, the remaining provisions shall remain
enforceable to the fullest extent permitted by law.
Page 3 of3
IMPARTIAL ANALYSIS OF MEASURE C
CITY CHARTER ADOPTION
Measure C proposes adoption of a charter for the City of Vista. A city charter serves
as the "constitution" of a city and provides its residents with the maximum measure
of local control over their municipal affairs.
There are two types of cities in California: those created under the direct authority of
the California Constitution, known as "charter cities," and those created under
general law ("general law cities"). Charter cities have maximum authority over their
own "municipal affairs" while general law cities have only those powers granted to
them by the state legislature. All cities, whether charter or general law, must comply
with all Federal and State Constitutional requirements. In addition, even charter
cities are subject to state laws on matters of "statewide importance."
Adoption of this Measure will change Vista from a general law to a charter city. In
charter cities, the locally elected legislative body—the city council—replaces the state
legislature with regard to the municipal affairs of the City. Municipal affairs that
would be governed by the City include bidding and contracting procedures,
regulation of parks, and zoning and election procedures. In matters such as these,
Vista's ordinances would govern even over State-adopted contrary laws provided
that voters adopt the city charter.
Examples of matters of statewide importance include environmental regulations,
general criminal and penal provisions, open meeting laws, public records and
redevelopment. In these areas, Vista would remain governed by State law even
though it becomes a charter city. It also would remain subject to all State
constitutional limitations on taxation and property-related fees including those
imposed by Proposition 13 and Proposition 218. No new taxes or property-related
fees could be imposed without voter approval.
A charter will also enable Vista to increase efficiencies and reduce expenses
associated with the construction and improvement of public streets, parks, fire
stations, and other facilities serving Vista residents and taxpayers. During the initial
years of the charter, projected savings would likely total several million dollars, with
a potential for larger savings over time.
A charter may only be adopted or amended by a ballot measure passed by a majority
of the voters of the City. Adoption of a charter for Vista would make the ultimate
structure of the City's government subject to its citizens.
The charter does not propose any change in the existing structure of the City
government nor does it make any significant changes in the laws and regulations of
the City. Any future changes would be made by ordinances and resolutions adopted
by the Vista City Council.
A "YES" VOTE MEANS that you want Vista to have a charter.
A "NO" VOTE MEANS that you do not want Vista to have a charter.
Darold Pieper
City Attorney
Exhibit 2
Typical Charter Provisions
A city charter is not required to have any particular provisions; however, there are
some topics that seem to be more common. A few of these are listed below:
• Name and boundaries of the city;
• In cities that adopted a charter after the drafting of the municipal code, a
provision providing that all ordinances shall continue in effect, that all
contracts shall continue, and that the rights of all officers and employees shall
be preserved;
• Powers of the city (generally stating that the city has the powers specified in
the charter and under the general laws of the state and/or including specific
powers such as the power to contract, to collect taxes, to sue and be sued, to
have a corporate seal, etc.);
• Form of government, such as the "council-manager" form of government;
• Date and conduct of municipal elections;
• Number of city council members;
• City councilmember appointment, removal, terms of service, expense
• reimbursement, and payment;
• Personnel, including specifying city officers and department heads such as
the city manager, city attorney, finance director, etc.;
• Functions of, and appointments to, boards and commissions;
• Fiscal administration, including the budget process;
• Provisions for public bidding and franchises that may differ from requirements
imposed on general law cities under state law.
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example, Government Code section 36501 authorizes
law cities be governed by a city council of five membe
clerk, a city treasurer, a police chief, a fire chief and a
subordinate officers or employees as required by law.
electors may adopt ordinances which provides for a di
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I1""1distance df their place of employment. Cal.1£s
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CON: (Less Flexible] May establish standan
and procedures for hiring personnel consist
Government Code requirements.
PRO: May have "civil service" system, whic
comprehensive procedures for recruitment,.? —
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May establish standards, requirements, a
procedures, including compensation, tern
conditions of employment for personnel.
Const, art. XI, § 5(b).
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Ralph Brown Act is applicable. Cal. Gov't Cc
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Conflict of interest laws are applicable. See
87300 etseq..
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54951, 54953(a).
Conflict of interest laws are applicable. S(
Gov't Code § R7300 etseq..
May provide provisions related to ethics.8 *
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firms need not be competitively bid, but must be \
basis of demonstrated competence and professior— > \u Q)f)fD 3
Contracts for professional services such as private
architectural, landscape architectural, engineering
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must be awarded to the lowest responsible bidder
Coc'e § 20162. if city eiects subject itself to unifo
construction accounting procedures, less formal p
may be available for contracts less than $100,000
Pub. Cont. Code §§ 22000, 22032.Cat. App, 3d 1188 (1985); Howard
Inc. v. G.A. MacDonald Constr. Co.,-9^ ^
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consistent with general plan unless the city has
adopted a consistency requirement by charter or
ordinance. Cal. Gov't. Code § 65803.
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°SAME: May establish, purchase, and operate
public works to furnish its inhabitants with electric
power. See Cal. Const, art. XI, § 9(a); Cal.
Apartment Ass'n v. City of Stockton, 80 Cal. App.
4th 699 (2000).
PRO: (more f/exib/e)May establish conditions and
regulations on the granting of franchises to use
city streets to persons or corporations seeking to
furnish light, water, power, heat, transportation or
communication services in the city.
Franchise Act of 1937 is not applicable if charter
provides. Cal. Pub. Util. Code § 6205.
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fD PRO: May enact ordinances providing for various
penalties so long as such penalties do not exceed
any maximum limits set by the charter. County of
Los Angeles v. City of Los Angeles, 219 Cal. App.
2d 838, 844 (1963).
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