CC - Item 6A - Discussion of Forming a Subcommittee to Evaluate the Potential as a Charter CityROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: JANUARY 24, 2023
SUBJECT: DISCUSSION OF FORMING A SUBCOMMITTEE TO EVALUATE THE
POTENTIAL AS A CHARTER CITY
SUMMARY
Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the
potential as a Charter city.
STAFF RECOMMENDATION
It is recommended that the City Council discuss and provide further direction to City staff.
FISCAL IMPACT
None.
STRATEGIC PLAN IMPACT
None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Eric i Hernandez
City Clerk
Attachment A: General Law City v. Charter City
AGENDA ITEM 6.A
Attachment A
General Law City v. Charter City
General Law City v. Charter City
Characteristic
General Law City
Charter City
Ability to Govern
Bound by the state's general law,
Has supreme authority over "municipal
Municipal Affairs
regardless of whether the subject concerns
affairs." Cal. Const. art. XI, § 5(b).
a municipal affair.
Form of Government
State law describes the city's form of
Charter can provide for any form of
government. For example, Government
government including the "strong mayor,"
Code section 36501 authorizes general law
and "city manager" forms. See Cal. Const.
cities be governed by a city council of five
art. XI, § 5(b); Cal. Gov't Code § 34450 et
members, a city clerk, a city treasurer, a
seq.
police chief, a fire chief and any
subordinate officers or employees as
required by law. City electors may adopt
ordinance which provides for a different
number of council members. Cal. Gov't
section 34871. The Government Code also
authorizes the "city manager" form of
government. Cal. Gov't Code § 34851.
Elections Generally
Municipal elections conducted in
Not bound by the California Elections Code.
accordance with the California Elections
May establish own election dates, rules, and
Code. Cal. Elec. Code §§ 10101 et seq.
procedures. See Cal. Const. art. XI, § 5(b);
Cal. Elec. Code §§ 10101 et seq.
Methods of Elections
Generally holds at -large elections whereby
May establish procedures for selecting
voters vote for any candidate on the ballot.
officers. May hold at -large or district
Cities may also choose to elect the city
elections. See Cal. Const. art. XI, § 5(b).
council "by" or "from" districts, so long as
the election system has been established
by ordinance and approved by the voters.
Cal. Gov't Code § 34871. Mayor may be
elected by the city council or by vote of the
people. Cal. Gov't Code §§ 34902. In cities
of 100,000 or less, a vote of the people is
not required to switch to electing council by
districts. Cal. Gov't Code § 34886.
City Council Member
Minimum qualifications are:
Can establish own criteria for city office
Qualifications
provided it does not violate the U.S.
1. United States citizen
Constitution. Cal. Const. art. XI, § 5(b),
2. At least 18 years old
82 Cal. Op. Att'y Gen. 6, 8 (1999).
3. Registered voter
4. Resident of the city at least 15 days
prior to the election and throughout
his or her term
5. If elected by or from a district, be a
resident of the geographical area
comprising the district from which he
or she is elected.
Cal. Elec. Code § 321; Cal. Gov't Code §§
34882, 36502; 87 Cal. Op. Att'y Gen. 30
(2004).
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Characteristic
General Law City
Charter City
Public Funds for Candidate
No public officer shall expend and no
Public financing of election campaigns is
in Municipal Elections
candidate shall accept public money for the
lawful. Johnson v. Bradley, 4 Cal. 4th
purpose of seeking elected office. Cal. Gov't
389 (1992).
Code § 85300.
Term Limits
May provide for term limits. Cal. Gov't
May provide for term limits. Cal. Const. art.
Code § 36502(b).
XI, § 5(b), Cal Gov't Code Section 36502(b).
Vacancies and Termination
An office becomes vacant in several
May establish criteria for vacating and
of Office
instances including death, resignation,
terminating city offices so long as it does
removal for failure to perform official duties,
not violate the state and federal
electorate irregularities, absence from
constitutions. Cal. Const. art. XI, § 5(b).
meetings without permission, and upon
non -residency. Cal. Gov't Code §§ 1770,
36502,36513.
Council Member
Salary -ceiling is set by city population and
May establish council members' salaries.
Compensation and
salary increases set by state law except for
See Cal. Const. art. XI, § 5(b). If a city
Expense Reimbursement
compensation established by city electors.
provides any type of compensation or
See Cal. Gov't Code § 36516. If a city
payment of expenses to council members,
provides any type of compensation or
then all council members are required to
payment of expenses to council members,
have two hours of ethics training. See Cal.
then all council members are required to
Gov't Code §§ 53234 - 53235.
have two hours of ethics training. See Cal.
Gov't Code §§ 53234 - 53235.
Legislative Authority
Ordinances may not be passed within five
May establish procedures for enacting local
days of introduction unless they are urgency
ordinances. Brougher v. Bd. of Public
ordinances. Cal. Gov't Code § 36934.
Works, 205 Cal. 426 (1928).
Ordinances may only be passed at a regular
meeting, and must be read in full at time of
introduction and passage except when, after
reading the title, further reading is waived.
Cal. Gov't Code § 36934.
Resolutions
May establish rules regarding the
May establish procedures for adopting,
procedures for adopting, amending or
amending or repealing resolutions. Brougher
repealing resolutions.
v. Bd. of Public Works, 205 Cal. 426 (1928).
Quorum and Voting
A majority of the city council constitutes a
May establish own procedures and quorum
Requirements
quorum for transaction of business. Cal.
requirements. However, certain legislation
Gov't Code § 36810.
requiring supermajority votes is applicable
to charter cities. For example, see California
All ordinances, resolutions, and orders for
Code of Civil Procedure section 1245.240
the payment of money require a recorded
requiring a vote of two-thirds of all the
majority vote of the total membership of the
members of the governing body unless a
city council. Cal. Gov't Code § 36936.
greater vote is required by charter.
Specific legislation requires supermajority
votes for certain actions.
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Characteristic
General Law City
Charter City
Rules Governing
Ralph Brown Act is applicable. Cal.
Ralph Brown Act is applicable.
Procedure and Decorum
Gov't Code §§ 54951, 54953(a).
Cal. Gov't Code §§ 54951,
54953(a).
Conflict of interest laws are applicable.
See Cal. Gov't Code § 87300 et seq.
Conflict of interest laws are
applicable. See Cal. Gov't Code §
87300 et seq.
May provide provisions related to
ethics, conflicts, campaign
financing and incompatibility of
office.
Personnel Matters
May establish standards,
May establish standards,
requirements and procedures for
requirements, and procedures,
hiring personnel consistent with
including compensation, terms and
Government Code requirements.
conditions of employment for
personnel. See Cal. Const. art. XI, §
May have "civil service' system,
5(b).
which includes comprehensive
procedures for recruitment, hiring,
Procedures set forth in Meyers -
testing and promotion. See Cal.
Milias-Brown Act (Cal. Gov't Code §
Gov't Code § 45000 et seq.
3500) apply, but note, "[T]here is a
clear distinction between the
Meyers-Milias-Brown Act applies.
substance of a public employee labor
Cal. Gov't Code § 3500.
issue and the procedure by which it is
resolved. Thus there is no question
Cannot require employees be
that'salaries of local employees of a
residents of the city, but can require
charter city constitute municipal
them to reside within a reasonable
affairs and are not subject to general
and specific distance of their place
laws."' Voters for Responsible
of employment. Cal. Const. art. XI, §
Retirement v. Board of Supervisors, 8
10(b).
CalAth 765, 781 (1994).
Cannot require employees be
residents of the city, but can require
them to reside within a reasonable
and specific distance of their place of
employment. Cal. Const. art. XI,
section 10(b).
Contracting Services
Authority to enter into contracts for
Full authority to contract
services as expressly authorized by
consistent with charter.
statute. See Costa Mesa City
Employees Assn v. City of Costa Mesa,
May transfer some of its
209 Cal. App. 4th 298 (2012).
functions to the county including
tax collection, assessment
collection and sale of property
for nonpayment of taxes and
assessments. Cal. Gov't Code
§§ 51330, 51334, 51335.
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Characteristic I General Law City I Charter City
Public Contracts
Payment of Prevailing Wages
Competitive bidding required for public
works contracts over $5,000. Cal. Pub.
Cont. Code § 20162. Such contracts
must be awarded to the lowest
responsible bidder. Pub. Cont. Code §
20162. If city elects subject itself to
uniform construction accounting
procedures, less formal procedures may
be available for contracts less than
$175,000. See Cal. Pub. Cont. Code §§
22000, 22032.
Contracts for professional services such
as private architectural, landscape
architectural, engineering, environmental,
land surveying, or construction
management firms need not be
competitively bid, but must be awarded
on basis of demonstrated competence
and professional qualifications necessary
for the satisfactory performance of
services. Cal. Gov't Code § 4526.
In general, prevailing wages must be paid
on public works projects over $1,000.
Cal. Lab. Code § 1771. Higher thresholds
apply ($15,000 or $25,000) if the public
entity has adopted a special labor
compliance program. See Cal. Labor
Code § 1771.5(a) -(c).
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Not required to comply with bidding
statutes provided the city charter or a
city ordinance exempts the city from
such statutes, and the subject matter
of the bid constitutes a municipal
affair. Pub. Cont. Code § 1100.7; see
R & A Vending Services, Inc. v. City
of Los Angeles, 172 Cal. App. 3d
1188 (1985); Howard Contracting,
Inc. v. G.A. MacDonald Constr. Co.,
71 Cal. App. 4th 38 (1998).
Historically, charter cities were
exempt from prevailing wage
requirements. Effective January 1,
2015, state law requires charter
cities to pay prevailing wages on any
public works project or else the city
will not be eligible to receive state
financial assistance for public works
projects. Cal. Gov't Code § 1782.
Characteristic
General Law City
Charter City
Finance and Taxing Power
May impose the same kinds of taxes and
Have the power to tax.
assessment as charter cities. See Cal.
Gov't Code § 37100.5.
Imposition of taxes and assessments subject
to Propositions 218 and 26, Cal. Const. art.
Imposition of taxes and assessments subject
XIIIC, § 2, and own charter limitations
to Propositions 218 and 26. Cal. Const.
art.XIIIC.
Have broader assessment powers than a
general law city, as well as taxation power as
Examples of common forms used in
determined on a case -by case basis.
assessment district financing include:
May proceed under a general assessment
• Improvement Act of 1911. Cal. Sts.
law, or enact local assessment laws and
& High. Code § 22500 et seq.
then elect to proceed under the local law.
See J. W Jones Companies v. City of San
• Municipal Improvement Act of 1913.
Diego, 157 Cal. App. 3d 745 (1984).
See Cal. Sts. & High. Code §§
10000 et seq.
May impose business license taxes for any
purpose unless limited by state or federal
• Improvement Bond Act of 1915. Cal.
constitutions, or city charter. See Cal. Const.
Sts. & High. Code §§ 8500 et seq.
art. XI, § 5.
• Landscaping and Lighting Act of
May impose real property transfer tax, does
1972. Cal. Sts. & High. Code §§
not violate either Cal. Const art. XIIIA or
22500 et seq.
California Government Code section
53725. See Cohn v. City of Oakland, 223
• Benefit Assessment Act of 1982.
Cal. App. 3d 261 (1990), Fielder v. City of
Cal. Gov't Code §§ 54703 et seq.
Los Angeles, 14 Cal. App. 4th 137 (1993).
May impose business license taxes for
regulatory purposes, revenue purposes, or
both. See Cal. Gov't Code § 37101.
May not impose real property transfer tax.
See Cal. Const. art. XIIIA, § 4; Cal. Gov't
Code §53725 ,
53725; but see authority to impose
documentary transfer taxes under certain
circumstances. Cal. Rev. & Tax. Code §
11911(a), (c).
Streets & Sidewalks
State has preempted entire field of
State has preempted entire field of
traffic control. Cal. Veh. Code § 21,
traffic control. Cal. Veh. Code § 21.
Penalties & Cost Recovery
May impose fines, penalties and
May enact ordinances providing for various
forfeitures, with a fine not exceeding
penalties so long as such penalties do not
$1,000. Cal. Gov't Code § 36901.
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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Characteristic
General Law City
Charter City
Public Utilities/Franchises
May establish, purchase, and operate
May establish, purchase, and
public works to furnish its inhabitants
operate public works to furnish its
with electric power. See Cal. Const. art.
inhabitants with electric power. See
XI, § 9(a); Cal. Gov't Code § 39732; Cal.
Cal. Const. art. XI, § 9(a); Cal.
Pub. Util. Code § 10002.
Apartment Assn v. City of Stockton,
80 Cal. App. 4th 699 (2000).
May grant franchises to persons or
corporations seeking to furnish light,
May establish conditions and
water, power, heat, transportation or
regulations on the granting of
communication services in the city to
franchises to use city streets to
allow use of city streets for such
persons or corporations seeking to
purposes. The grant of franchises can be
furnish light, water, power, heat,
done through a bidding process, under
transportation or communication
the Broughton Act, Cal. Pub. Util. Code
services in the city.
§§ 6001-6092, or without a bidding
process under the Franchise Act of
Franchise Act of 1937 is not
1937, Cal. Pub. Util. Code §§ 6201-
applicable if charter provides. Cal.
6302.
Pub. Util. Code § 6205.
Zoning
Zoning ordinances must be consistent
Zoning ordinances are not required
with general plan. Cal. Gov't Code §
to be consistent with general plan
65860.
unless the city has adopted a
consistency requirement by charter
or ordinance. Cal. Gov't. Code §
65803.
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