CITY OF

MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: CAROL W. LYNCH, CITY ATTORNEY,

STEVE DORSEY, FORMER CITY ATTORNEY, and
SHIRl KLIMA, ASSISTANT CITY ATTORNEY

DATE: JUNE 29, 2010

SUBJECT: BENEFITS OF BECOMING A CHARTER CITY

REVIEWED: CAROLYN LEHR, CITY MANAGER ~.

RECOMMENDATIONS

(1) Receive and file this staff report; (2) determine whether the City should initiate the
process of drafting a charter and, if so, (3) appoint a Council Subcommittee to lead the
process of having the charter adopted by the City's voters at a consolidated election
that would be held on March 8, 2011.

BACKGROUND

In California, there are two types of cities: general law cities and charter cities. The
authority of a general law city is derived from the powers granted to it by the general
laws adopted by the California Legislature and from the police power granted to it by
the California Constitution. On the other hand, a charter city's powers are not defined
or limited by the state's general laws. Instead, with respect to municipal affairs, a
charter city's powers are defined by the city's own charter, subject only to the limitations
of the state and federal constitutions, laws of statewide concern, and any limitations set
forth in the charter. This is the primary advantage of becoming a charter city - as a
charter city, a city would have the ability to adopt charter provisions or ordinances
concerning its own municipal affairs without constraint by state statutes.

Article XI, section 5(a) of the California Constitution, provides:

"It shall be competent in any city charter to provide that the city governed thereunder may
make and enforce all ordinances and regulations in respect to municipal affairs, subject
only to restrictions and limitations provided in their several charters and in respect to
other matters they shall be subject to general laws."

This is known as the "home rule" doctrine, which reserves to a charter city the right to

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adopt and enforce its own laws, subject only to the conflicting provisions in the state or
federal constitutions or preemptive state law on matters of statewide concern. Harman
v. City and County of San Francisco, 7 Cal. 3d 150, 161 (1972).1 Thus, a charter acts
as an instrument of limitation on the broad power of a charter city over matters of
municipal affairs. City of Glendale v. Tronsden, 48 Cal. 2d 93, 98 (1957).

The California Constitution does not define the term "municipal affair." For this reason,
whether a particular subject is a "municipal affair," over which a charter city has
authority, or is a matter of "statewide concern," over which the Legislature has authority,
is a matter for the courts to decide on a case-by-case basis. Although the Legislature is
neither empowered to determine what is a municipal affair nor to transform a municipal
affair into one of statewide concern, the courts give the Legislature's intentions in this
regard great weight. Bishop v. City of San Jose, 1 Cal. 3d 56,64 (1969).

The traditional approach by courts in defining a municipal affair is to categorize certain

subjects as municipal affairs. The more recent trend, however, is to avoid
"'compartmentalization,' that is, of cordoning off an entire area of government activity as
either a 'municipal affair' or one of statewide concern." California Fed. Savings & Loan
Assn. v. City of Los Angeles, 54 Cal. 3d 1, 17 (1991). Accordingly, the concept of what
is a municipal affair is fluid and changes over time, as local issues may become
statewide concerns, and vice versa. The task of determining whether a given activity is
a municipal affair or one of statewide concern is an ad hoc inquiry in light of the facts
and circumstances surrounding each case. Id. at 16.

In California Fed. Savings & Loan, the California Supreme Court developed a four-step
analysis to determining what is a municipal affair. First, the court must determine
whether an actual conflict exists between the local law and the state statute. If it does
not, a choice between the legal conclusions "municipal affair" and "statewide concern"
is not required. Id. at 16. If a genuine conflict between the local and state legislation is
found, then the court takes the second step of determining whether the local law
implicates a municipal affair. Id. at 17. If the local law implicates a municipal affair,
then the court must take the third step of examining whether the state statute involves
extramural concerns that require paramount state control. Id. at 18. Finally, in
evaluating the statewide concern under the Cal Fed case, the court must determine
whether the state statute is reasonably related and narrowly tailored to the resolution of
the statewide concern. Id. at 24. If a court finds that the state law posing the conflict
fails to regulate an area of statewide concern, the charter city measure is a municipal
affair and beyond the reach of state legislative enactment.

Although not an exhaustive list, all of the following issues have been held to be of
general or statewide concern, over which the Legislature has full authority:

A. School systems (see Whisman v. San Francisco Unified School District,

86 Cal. App. 3d 782, 789 (1978));

1 Please note that federal statutes still apply to charter cities. Thus, a charter city needs to comply with
these statutes, such as the Voting Rights Act (42 U.S.C. 1973 et seq.).

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 B. The regulation of traffic and vehicles (see California Vehicle Code section
21);

C. Franchises for telephone or telegraph lines (see Pacific Tel. & Tel. Co. v.
City of Los Angeles, 44 Cal. 2d 272, 280 (1955»;

D. Licensing of members of a trade or profession (see City and County of

San Francisco v. Boss, 83 Cal. App. 2d 445, 449 (1948»;

E. Tort claims against a governmental entity (see Helbach v. City of Long

Beach, 50 Cal. App. 2d 242,247 (1942»;

F. The taxation of financial corporations such as savings banks (see

California Fed. Savings & Loan);

G. The Ralph M. Brown Act open meetings law (see California Government
Code sections 54951 and 54953(a»;

H. The Meyers-Milias-Brown Act regarding employee organization (see

Government Code sections 3500 and 3501 (c»;

I. The California Environmental Quality Act ("CEQA") (see California Public

Resources Code § 21 OOO(a) et seq.); and

J. The exercise of the power of eminent domain (see Wilson v. Beville, 47

Cal. 2d 852, 856 (1957».

Accordingly, the adoption of a charter and subsequent ordinances by the City of

Rancho Palos Verdes would generally not affect these or other matters that are
determined to be of statewide concern.

DISCUSSION

I. Advantages to a Charter

The main advantage to a becoming a charter city is that a charter city has more local
control over its municipal affairs than a general law city. However, as discussed above,
a charter city is still subject to the general laws as passed by the Legislature on non-
municipal affairs that are of statewide concern and to the limitations of the federal and
state constitutions.

Typically, a city charter will reserve for the city the greatest amount of power it can. To
do so, the charter must include a declaration that the city intends to avail itself of the full
power provided to charter cities by the California Constitution. (See the attached Buena
Park Charter.) If a city does not want to extend its power to the fullest extent granted by
the California Constitution, that city may determine the breadth of its power by placing
limitations within its charter.

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A charter city may legislate in a variety of areas, including but not limited to:

A. City Elections. The conduct of city elections and elections procedures are
municipal affairs. Cal. Const. Article XI, § 5(b). City charters may
establish election dates or the number of signatures required on an
initiative or referendum. Charters may require a majority number of votes
2
in order to win a council seat at an election and set forth procedures for
3
selecting officers. A charter may state city council member qualifications
that do not violate the constitutions and provide criteria for vacating and
terminating city offices. A charter city may also opt to fund public officers
and candidates' campaigns. See Johnson v. Bradley, 4 Cal. 4th 389
(1992). Alternatively, a charter city may conduct its elections under the
general election laws. These municipal affairs are, as always, restricted
by the federal and state constitutions, and thus may not restrict
reservations of power to the people, such as the right to vote and powers
of initiative or referendum.

B. Finance. The imposition of taxes for municipal purposes is a municipal

4
affair. California Fed. Savings & Loan. Specifically, a charter city may
impose a license tax on local businesses and occupations, with approval
by the voters. West Coast Advertising Co. v. City and County of San
Francisco, 14 Cal. 2d 516 (1939); City of Glendale v. Trondsen, 48 Cal.
2d 93 (1957). Courts have also held that the subject of property transfer
taxes is a municipal affair "which lies 'beyond the reach of legislative
enactment' in the case of charter cities." Fielder v. City of Los Angeles,
14 Cal. App. 4th 137, 146 (1993).

C. Gifts of Public Funds. The constitutional ban on gifts of public funds does
not apply to charter cities. See, e.g. Sturgeon v. County of Los Angeles,
167 Cal. App. 4th 630, 637 n.5 (Cal. App. 4 Dist., 2008); Tevis v. City and
Council of San Francisco, 43 Cal. 2d 190, 197 (1954); Mullins v.
Henderson, 75 Cal. App. 2d 117 (1946). For example, charter cities may
render financial assistance to schools. Berkeley Sch. Dist. v. City of

2 The candidate with the plurality of the votes, meaning the highest number, wins the election in a general
law city. Cal. Elec. Code §§ 15450, 15452. Alternatively, a charter city may choose to require a majority
of votes to win, thus requiring a "run-off" election between the two candidates with the highest number of
votes in situations when no candidate obtained a majority of the votes cast. § 15452(a).
3 Charter cities may also opt for term limits or create voting districts. The creation of districts may limit: the
election of members of the city council by voters of particular areas of the city; the candidates by requiring
that they reside in the particular district; or both. Please note that the power to opt for term limits or create
voting districts is not unique to charter cities; general law cities have equivalent power in these two areas.
4 Government Code section 37100.5 authorizes a city council of a general law city to levy any tax that may
be levied by any charter city, subject to the voters' approval. Thus, there is not a significant advantage to
a charter city's ability to impose taxes. Additionally, Proposition 218 applies to charter cities. Cal. Const.,
art. XIIIC, § 1(b); art. XIIID, § 2(a). Thus, charter cities must sUbject the imposition, extension or increase
of general taxes, as well as special taxes, to the voters for approval. Charter cities are preempted from
establishing different vote requirements than established by the Constitution. Howard Jarvis Taxpayers
Assn. v. City of San Diego (2004) 120 Cal. App. 4th 374.

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 Berkeley, 141 Cal. App. 2d 841,846-847 (1956); Madsen v. Oakland
Unified Sch. Dist., 45 Cal. App. 3d 574, 579-80 (1975).

D. Planning and Land Use. The State Planning and Land Use Law, as
codified in Government Code section 65700 et seq., generally does not
apply to charter cities except to the extent that a charter city adopts these
provisions. Gov't Code § 65700. The same is true of zoning regulations. §
65803. However, the Legislature and the courts have made certain other
land use and zoning provisions applicable to charter cities, some of which
are listed below:

1. A charter city's general plan must contain all mandatory elements.

Gov't Code §§ 65700(a), 65300, 65302.1. However, charter cities
need not comply with the zoning consistency provisions in
Government Code section 65860. Verdugo Woodland
Homeowners Assn. v. City of Glendale, 179 Cal. App. 3d 696
(1986).

2. Charter cities must follow the minimum procedural standards in

conducting zoning hearings provided in Government Code section
65804, including developing and pUblishing procedural rules for
conducting the hearings, preserving a record of all hearings, and
allowing public access to planning staff reports. However, Section
65804 does not include noticing requirements, which presumably
are left to the discretion of the charter city, provided they satisfy
constitutional due process requirements. See Brougher v. Board of
Public Works, 205 Cal. 426 (1928); Fletcher v. Porter, 203 Cal.
App. 2d 313, 320 (1962); O'Loane v. O'Rourke, 213 Cal. App. 2d
774,783 (1965).

3. Charter cities must comply with requirements for low and moderate
income housing within coastal zones. Gov't Code §§ 65700(b),
65590.

4. Charter cities are prohibited from enacting ordinances that

discriminate against residential development because of the
method of financing, the race, sex, color, religion, national origin,
ancestry, age, or economic statute of a tenant occupant. Gov't
Code § 65008(g).

5. Charter cities are subject to and protected by time limitations on

actions to attack, review, amend, set aside, void, or invalidate land
use planning and zoning decisions. Gov't Code § 65009(f).

6. Charter cities must comply with standards for approving housing

developments. Gov't Code § 65913.9. They must designate
sufficient vacant land for residential use with appropriate standards

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 as described in Government Code section 65913.1, refrain from
imposing design criteria that inhibit the development of affordable
housing, and refrain from imposing certain fees for public capital
facility improvements related to a development project. §§ 65913.1,
65913.2, 65913.8.

7. Like general law cities, charter cities must provide density bonuses,
incentives, and other concessions for low and moderate-income
housing development. Gov't Code § 65918.

8. Charter cities are subject to the provisions of the Permit

Streamlining Act (Government Code section 65920 et seq.), which
governs the review and approval of development projects. § 65921.

9. Charter cities are subject to limits and procedures regarding the

adoption of interim zoning ordinances. Gov't Code § 65858.

10. The Subdivision Map Act (Government Code section 66410 et

seq.) has been found applicable to charter cities. See Santa Clara
County Contractors Ass'n v. City of Santa Clara, 232 Cal. App. 2d
564,575-78 (1965).

11. Charter cities are subject to the provisions of the California

Environmental Quality Act.

E. Park Properties. The acquisition, disposition and use of municipal parks

is another municipal affair over which a charter governs, except for in the
case of the acquisition by a private dedication that proscribes a particular
use for the park. Simons v. City of Los Angeles, 63 Cal. App. 3d 455, 468
(1976); Wiley v. City of Berkeley, 136 Cal. App. 2d 10 (1955); but see
Slavich v. Hamilton, 201 Cal. 299, 303 (1927).

F. Public Works. A charter city may create its own procedures for granting a
franchise, such as the right to use city streets to distribute electricity, gas,
or water to the city and its inhabitants. City of Santa Cruz v. Pacific Gas &
Elec. Co., 82 Cal. App. 4th 1167 (2000). It may provide for methods of
improvements of city streets. Blake v. City of Eureka, 201 Cal. 643, 657-
58 (1927)(overruled in part on other grounds); Wilson v. Beville, 47 Cal.
2d 852, 864 (1957). A charter city may provide for the establishment and
maintenance of sewers and storm drains within the city's boundaries.
Loop Lumber Co. v. Van Loben Sels, 173 Cal. 228, 232 (1916); Smith v.
City of Riverside, 34 Cal. App. 3d 529 (1973); Mallon v. City of Long
Beach, 44 Cal. 2d 199,211 (1955). The charter may also create and
govern operation of a municipally-owned utility. Mefford v. City of Tulare,
102 Cal. App. 2d 919 (1951); Oneto v. City of Fresno, 136 Cal. App. 3d
460 (1982). Additionally, the following two matters are of particular
relevance to charter cities:

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 1. Public Contracts. Charter cities may expressly provide in the
charter or by ordinance that the Public Contract Code does not
apply. Cal. Pub. Cont. Code § 1100.7. If a charter city opts to
exempt itself from the Public Contract Code, one consequence is
that the city is no longer required to follow the bidding statutes. This
permits a charter city to select particular vendors from which it
elicits bids or opt to work with someone other than the lowest
bidder on a contract, unless the city obtains funding from a source
that requires adherence to state bidding procedures.

2. Prevailing Wages. Charter cities are not currently subject to the

prevailing wage laws unless they elect to be subject to such laws, if
the project involves work outside of the city limits, or if the project is
otherwise of significant state interest. However, this exemption is
not completely free from doubt. The Legislature has made a few
attempts to require charter cities to be subject to prevailing wages.
Additionally, in December 2004, the California Supreme Court
issued its decision in City of Long Beach v. Department of
Industrial Relations, 34 Cal. 4th 942 (2004), a case in which it had
the opportunity to reaffirm the long-standing rule that charter cities
are sUbstantially free from the requirement of paying prevailing
wages on "public works" projects. In that case, the court of appeal
held that the state's prevailing wage laws addressed matters of
"statewide concern" and therefore applied to projects funded or
subsidized by all public agencies, including charter cities. Upon
review, the California Supreme Court reversed the decision of the
court of appeal on an alternative ground. Unfortunately, the Court
avoided the issue of whether the prevailing wage law is a matter of
"statewide concern" such that it would override a charter city's
interests in conducting its municipal affairs.

Please note that even if a charter city is exempt from paying

prevailing wages, a redevelopment agency, as a separate legal
entity, is not exempt from this requirement.

G. City Council Procedures. The mode and manner of passing ordinances,

such as requiring a second reading, is a municipal affair. Adler v. City
Council of City of Culver City, 184 Cal. App. 2d 763, 768 (1960). The
same is true of the procedures for adopting, amending or repealing
resolutions. Brougher v. Board of Public Works, 205 Cal. 426. Various
other city council procedural matters are municipal affairs, such as
quorum requirements. However, there are supermajority requirements
that do apply to charter cities. See, e.g., Cal. Code Civ. Proc. § 1245.240.
Charter cities, therefore, are able to adopt certain procedures that allow
for more efficient and cost-effective city operations.

H. Employment and Compensation. The appointment, qualifications,

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 compensation and removal of city employees are generally municipal
affairs. Cal. Const. Art. XI, § 5(b). Additionally, a city charter may set
salaries, expense reimbursements, and benefits for its council members.
However, the health and welfare benefits of any city council member,
including in a charter city, shall be no greater than those received by non-
safety employees of that public agency. Gov't Code § 53208.5.
Furthermore, if a charter city provides any type of compensation to
members of its legislative body, then these officials must receive at least
two hours of ethics training, just like their general law city counterparts. §§
53234,53235.

I. Municipal Contracting. Municipal contracting procedures are municipal

affairs. First Street Plaza Partners v. City of Los Angeles, 65 Cal. App. 4th
650, 661 (1998).

II. Disadvantages to a Charter

Along with the advantages, there are also perceived disadvantages to converting from a
general law city to a charter city. First, formulating a charter, educating the public, and
conducting an election may require a significant expenditure of time and effort.
However, this may not be the case if the City adopts a simple charter and does not
expend too much time or money in the chartering process. Second, there is a transition
period from the many years of municipal operation under the general law, and this may
require procedural changes and staff training. Third, uncertainties may arise as to
whether specific matters are municipal concerns governed by the charter or statewide
concerns governed by statutes. This could result in exposure to legal challenges if an
issue should arise in a "gray" area where the charter and general law may differ. There
is also limited case law from which to evaluate legal exposure to interpret charter
language and charter city ordinances. Finally, charter amendments require a vote of
city residents, thus they are time-consuming and costly. However, amendments are
rare where a charter is kept simple.

Often times, a charter is supported if there is a particular prdblem that can be solved by
adopting the charter city form of government. The adoption of a charter, however, can
be divisive in a community. Charter provisions can be used by some in the community
to limit the role of the city or to pursue a particular viewpoint that may not be similar to
that of the city. Also, as the courts review the powers of a charter city (as demonstrated
by the Long Beach decision), there is the possibility of the "erosion" of those powers.
Many of the differences or perceived advantages of a charter city may ultimately
disappear.

PROCEDURE FOR BECOMING A CHARTER CITY

There are two means by which a city may adopt a charter. The city council may draft
the charter. Alternatively, the voters may elect a charter commission, which has the
responsibility of debating over the provisions and drafting the charter. Staff does not
recommend the charter commission option due to the additional time and costs that

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would be required. In either case, the charter does not become effective unless it is
adopted by a majority of the city's voters.

I. CHARTER DRAFTED BY CITY COUNCIL

On its own motion, the city council may propose a charter and submit it to the voters for
adoption. Gov't Code § 34458. In this approach, it becomes the responsibility of the
city council to draft the charter.

The city council may then call a special election or allow the charter to be voted on at
any established election date, as long as that election date is at least 88 days after the
proposed charter was filed with the city clerk. Gov't Code § 34458; see also Elec. Code
§ 9255.

II. CHARTER DRAFTED BY ELECTED CHARTER COMMISSION

Alternatively, a city may opt to elect a charter commission. The election for choosing
charter commissioners may be called either by a majority vote of the city councilor by a
petition signed b~ not less than fifteen percent (15%) of the registered voters within the
city. § 34452(a).5

Once it has been decided that a charter commission election will take place, candidates
for commissioners must be nominated either in the same manner as officers of the city
or by petition. Gov't Code § 34454. A candidate for charter commissioner must be a
registered voter of the city. § 34451.

At the election for charter commission members, the voters will vote first on the
question of whether a charter commission should be elected, and then for the charter
commission candidates. § 34453. If a majority of the voters vote for the formation of a
charter commission, then the top fifteen (15) candidates for the office of charter
commissioner will be organized as the city's charter commission. § 34453. 6

Once formed, the charter commission will have the responsibility of developing the city's
charter. After a majority of commissioners has decided that the proposed charter is
appropriate, the members of that majority must sign and file the charter with the city
7
clerk's office. Gov't Code § 34455.

After the charter has been filed with the city clerk, the city council must decide whether
to call a special election or to wait until the next established municipal election to submit
the charter to the voters. Gov't Code § 34457. The charter must be sent to the voters

Sif a petition requests the formation of a charter commission, the authority in charge of the city's
registration records must verify the signatures on the petition. § 34452(a). The city must pay the expense
of this verification. § 34452(a). If the petition is verified, the city council must call an election pursuant to
California Elections Code sections 1000 and 10403. § 34452(a).
6 No commission will be formed if less than a majority of voters votes for the election of a charter
commission. § 34453.
7 The charter commission does, however, have the option of submitting portions of the charter to the city's
voters periodically instead of sending the whole charter at once. § 34462(b).

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within two years of the vote that formed the charter commission. § 34462.

III. THE ELECTION

In either case (i.e., the charter is drafted by the city councilor by a charter commission),
the majority of voters must vote in favor of the proposed charter for the charter to be
adopted. See Cal. Gov't Code § 34459. Once an election date is set, the charter must
be prepared for the ballot. The city council must then direct the city attorney's office to
8
prepare an impartial analysis of the charter according to Elections Code section 9280.
Arguments for and against the charter may also be filed. Elec. Code §§ 9281,9282.

Once the voters vote in favor of the charter proposal, it will be deemed adopted. After a
charter is approved by a majority of the voters, the mayor and city clerk shall certify that
the charter was submitted to the voters of the city and that it was approved by a
majority vote. § 34460. The charter will not go into effect, however, until it has been
filed and accepted by the Secretary of State. Gov't Code § 34459.

Three copies of the adopted charter must be certified and authenticated by the mayor
and the city clerk. One copy of the approved charter shall be filed with the county
recorder's office and a second copy shall be kept in the city's archives. These two
copies shall include: (1) certified copies of all publications and notices in connection
with the calling of the election to propose the charter; (2) certified copies of any
arguments for or against the charter proposal which were mailed to the voters; and (3)
certified abstracts of the vote at the election on the charter proposal. A third copy of the
charter must be submitted to the Secretary of State. Gov't Code § 34460.

TIMING OF THE ELECTION

The City of Los Angeles gave the City Clerk a cost estimate of $70,000-$90,000 to
conduct the Rancho Palos Verdes charter election along with the election that will be
conducted by the City of Los Angeles on March 8, 2011, since Los Angeles will have
the Community College contest on the ballot in Rancho Palos Verdes.

The LA County Registrar-Recorder/County Clerk's Office considered the City's request

to conduct a spring or summer 2011 election, but it is their Board's policy to consolidate
such municipal elections with the Countywide or Statewide Elections, which are held
primarily during the month of November.

A stand-alone election in the City of Rancho Palos Verdes also would be an option.
The City Clerk estimates that the cost of a stand-alone election would be at least
$100,000-$110,000, which would include the cost of having Martin and Chapman, the
municipal election consulting firm, provide pre-election and election supplies,
translations, and so forth; the assistance of an experienced election consultant, as
needed, at $95/hour; the hiring of four temporary City workers for 3 weeks prior to the
election; and the cost for approximately 16 employees to work the night of the election.

B If the charter affects the organization or salaries of the City Attorney's office, then the City Council may
direct the City's elections official to prepare the analysis instead. Elec. Code § 9280.

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Other unknown costs that have not been included in that estimate (estimated by Martin
& Chapman at "several more thousand dollars") are the following: poll worker costs
(depends on number of precincts and polling locations); County fees for signature
verification; and return reply postage for vote-by-mail ballots (if the City chooses to
provide those ballots). Other issues to consider are workstations for the temporary
employees and the impact on the regular workload of the City Clerk's Office.

Due to the additional cost to the City of conducting a stand-alone election, Staff
recommends that if the City Council wishes to pursue adopting a charter, the City
Council should direct City efforts towards a consolidated election held along with the
election that is to be conducted by the City of Los Angeles on March 8, 2011. Because
this date is less than a year from now, pointing towards this election will require an
intense public education effort by the Council, the Subcommittee and any other
interested individuals.

FISCAL IMPACT

The City would incur costs in the process of becoming a charter city. First, formulating a
charter will require an expenditure of funds, which may be significant, depending on the
extensiveness of the charter and the time and efforts used to draft it. Second, there will
be costs associated with public education efforts. Third, the City will need to pay to
conduct an election to consider adoption of the charter.

The fiscal impact of being a charter city, as opposed to remaining a general law city, are
contingent on the precise charter language and subsequent ordinances that are
adopted by the City. For example, if the City opts to not pay prevailing wages, and this
practice continues to be permissible, the City could save money on future contracts.
Incorporating changes to elections procedures may likewise have fiscal impacts, but
whether those impacts are positive or negative depends on the particular changes
adopted. Charter amendments could be costly due to a required vote each time, but
that expenditure would be not be significant if a simple charter is drafted, because the
legislation implementing the charter would be by ordinance. Also, with more local
control, the City will have more authority than it currently possesses to determine its
own expenditures in many areas. Thus, it is likely that there will be a positive fiscal
impact of being a charter city; however, the degree of that impact cannot be predicted
with certainty.

CONCLUSION

Adopting a charter preserves local control for a city, to the extent allowed by the
Legislature and judicial decisions. Given these times of greater financial uncertainty,
the preservation of local control can provide significant benefits to a city. Accordingly,
Staff recommends that the City Council form a Council Subcommittee made up of two
Members of the City Council. Mayor Wolowicz recommends that he and Mayor Pro
Tem Long be the two Councilmembers that would serve on the Subcommittee. The
two Subcommittee Members or the Council as a whole then could choose three to five
City residents to serve along with them on the Subcommittee and lead the City towards

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the process of adopting a charter.

The City of Buena Park conducted twenty-one public outreach meetings over a one-
year period prior to the election to adopt that its charter. Accordingly, leadership to
provide the education of the City's residents is an essential component of a successful
effort to become a charter city and would require a significant commitment of time by
the City Council and the Subcommittee, especially if the election will occur in March
2011.

ATTACHMENTS

• Exhibit 1: League of California Cities' General Law City v. Charter City chart
• Exhibit 2: California Statutes regarding Enactment of a City Charter
• Exhibit 3: List of Charter Cities in the State of California
• Exhibit 4: The City of Buena Park's Charter
• Exhibit 5: Brochure regarding Charter versus General Law Cities (from Buena Park)
• Exhibit 6: Talking Points regarding Characteristics of Charter Cities (from Buena
Park)
• Exhibit 7: Charter Exploratory Committee Work Plan (from Buena Park)
• Exhibit 8: Actions Taken by the City Charter Exploratory Project (from Buena Park)
• Exhibit 9: Resolution Establishing and Defining the Scope of the Charter Exploratory
Committee (from Buena Park)
• Exhibit 10: Charter Study Session Agenda Report to City Council (from Buena Park)
• Exhibit 11: Charter Exploratory Committee's Final Report (from Buena Park)

12
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6-12
 Exhibit 1: General Law City v. Charter City
Ability to Govern
Municipal Affairs
Form of Government
Elections Generally
Methods of Elections
R6876-0001 \1214913vl.doc
Bound by the state's general law, regardless Has supreme authority over "municipal
of whether the subject concerns a municipal affairs." Cal. Const. art. XI, § 5(b).
affair.
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.
Municipal elections conducted in accordance Not bound by the California Elections Code.
with the California Elections Code. Cal. Elec. May establish own election dates, rules, and
Code §§ 10101 et seq.. procedures. See Cal. Const. art. XI, § 5(b);
Cal. Elec. Code §§ 10101 et seq..
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 councilor by vote of the people.
Cal. Gov't Code §§ 34902.
6A-1
City Council Member
Qualifications
Minimum qualifications are: Can establish own criteria for city office
provided it does not violate the U.S.
1. United States citizen Constitution. Cal. Const. art. XI, § 5(b), 82
2. At least 18 years old 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).

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 389
purpose of seeking elected office. Cal. Gov't (1992).
Code § 85300.

Term Limits May provide for term limits. Cal. Gov't Code May provide for term limits. Cal. Const. art.
§ 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 not
removal for failure to perform official duties, violate the state and federal constitutions.
electorate irregularities, absence from 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
Compensation and salary increases set by state law except for
Expense Reimbursement compensation established by city electors.
See Cal. Gov't Code § 36516. If a city
provides any type of compensation or
payment of expenses to council members,
then all council members are required to
have two hours of ethics training. See Cal.
Gov't Code §§ 53234 - 53235.
May establish council members' salaries.
See Cal. Const. art. XI, § 5(b). If a city
provides any type of compensation or
payment of expenses to council members,
then all council members are required to
have two hours of ethics training. See Cal.
Gov't Code §§ 53234 - 53235.

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6A-2
Legislative Authority Ordinances may not be passed within five
days of introduction unless they are urgency
ordinances. Cal. Gov't Code § 36934.
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
procedures for adopting, amending or
repealing resolutions.
Quorum and Voting A majority of the city council constitutes a
Requirements quorum for transaction of business. Cal.
Gov't Code § 36810.
All ordinances, resolutions, and orders for
the payment of money require a recorded
majority vote of the total membership of the
city council. Cal. Gov't Code § 36936.
Specific legislation requires supermajority
votes for certain actions.
Rules Governing Ralph Brown Act is applicable. Cal. Gov't
Procedure and Decorum Code §§ 54951, 54953(a).
Conflict of interest laws are applicable. See
Cal. Gov't Code § 87300 et seq..
R6876-0001 \1214913vl.doc
May establish procedures for enacting local
ordinances. Brougher v. Bd. of Public Works,
205 Cal. 426 (1928).
May establish procedures for adopting,
amending or repealing resolutions. Brougher
v. Bd. of Public Works, 205 Cal. 426 (1928).
May establish own procedures and quorum
requirements. However, certain legislation
requiring supermajority votes is applicable to
charter cities. For example, see California
Code of Civil Procedure section 1245.240
requiring a vote of two-thirds of all the
members of the governing body unless a
greater vote is required by charter.
Ralph Brown Act is applicable. Cal. Gov't
Code §§ 54951, 54953(a).
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.
6A-3
Personnel Matters May establish standards, requirements and
procedures for hiring personnel consistent
with Government Code requirements.
May have "civil service" system, which
includes comprehensive procedures for
recruitment, hiring, testing and promotion.
See Cal. Gov't Code § 45000 et seq.
Meyers-Milias-Brown Act applies. Cal. Gov't
Code § 3500.
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, §
10(b).
Contracting Services Authority to enter into contracts to carry out
necessary functions, including those
expressly granted and those implied by
necessity. See Cal. Gov't Code § 37103;
Carruth v. City of Madera, 233 Cal. App. 2d
688 (1965).
Public Contracts 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 $100,000. 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.
R6876-0001 \1214913vl.doc
May establish standards, requirements, and
procedures, including compensation, terms
and conditions of employment for personnel.
See Cal. Const. art. XI, § 5(b).
Meyers-Milias-Brown Act applies. Cal. Gov't
Code § 3500.
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 1O(b).
Full authority to contract consistent with
charter.
May transfer some of its functions to the
county including tax collection, assessment
collection and sale of property for non-
payment of taxes and assessments. Cal.
Gov't Code §§ 51330, 51334, 51335.
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).
6A-4
Payment of Prevailing In general, prevailing wages must be paid on
Wages 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).
Finance and Taxing Power May impose the same kinds of taxes and
assessment as charter cities. See Cal. Gov't
Code § 37100.5.
Imposition of taxes and assessments subject
to Proposition 218. Cal. Const. art.xIlIC.
Examples of common forms used in
assessment district financing include:
• Improvement Act of 1911. Cal. Sts.
& High. Code § 22500 et seq..
• Municipal Improvement Act of 1913.
See Cal. Sts. & High. Code §§
10000 et seq..
• Improvement Bond Act of 1915. Cal.
Sts. & High. Code §§ 8500 et seq..
• Landscaping and Lighting Act of
1972. Cal. Sts. & High. Code §§
22500 et seq..
• Benefit Assessment Act of 1982.
Cal. Gov't Code §§ 54703 et seq..
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; but see authority to impose
documentary transfer taxes under certain
circumstances. Cal. Rev. & Tax. Code §
11911 (a), (c).
R6876-0001 \1214913vl.doc
Historically, charter cities have not been
bound by state law prevailing-wage
requirements so long as the project is a
municipal affair, and not one funded by state
or federal grants. Vial v. City of San Diego,
122 Cal. App. 3d 346,348 (1981). However,
there is a growing trend on the part of the
courts and the Legislature to expand the
applicability of prevailing wages to charter
cities under an analysis that argues that the
payment of prevailing wages is a matter of
statewide concern. The California Supreme
Court declined an opportunity to resolve the
issue. See City of Long Beach v. Dept.of
Indus. Relations, 34 Cal. 4th 942 (2004).
Have the power to tax.
Have broader assessment powers than a
general law city, as well as taxation power as
determined on a case-by case basis.
Imposition of taxes and assessments SUbject
to Proposition 218, Cal. Const. art. XIIIC, §
2, and own charter limitations
May proceed under a general assessment
law, or enact local assessment laws and
then elect to proceed under the local law.
See J. W. Jones Companies v. City of San
Diego, 157 Cal. App. 3d 745 (1984).
May impose business license taxes for any
purpose unless limited by state or federal
constitutions, or city charter. See Cal. Const.
art. XI, § 5.
May impose real property transfer tax; does
not violate either Cal. Const art. XIIIA or
California Government Code section 53725.
See Cohn v. City of Oakland, 223 Cal. App.
3d 261 (1990); Fielder v. City of Los
Angeles, 14 Cal. App. 4th 137 (1993).
6A-5
Streets & Sidewalks
Penalties & Cost Recovery
Public Utilities/Franchises
Zoning
R6876-0001 \1214913vl.doc
State has preempted entire field of traffic
control. Cal. Veh. Code § 21.
May impose fines, penalties and forfeitures,
with a fine not exceeding $1,000. Cal. Gov't
Code § 36901.
May establish, purchase, and operate public
works to furnish its inhabitants with electric
power. See Cal. Const. art. XI, § 9(a); Cal.
Gov't Code § 39732; Cal. Pub. Util. Code §
10002.
May grant franchises to persons or
corporations seeking to furnish light, water,
power, heat, transportation or
communication services in the city to allow
use of city streets for such purposes. The
grant of franchises can be done through a
bidding process, under the Broughton Act,
Cal. Pub. Uti I. Code §§ 6001-6092, or
without a bidding process under the
Franchise Act of 1937, Cal. Pub. Util. Code
§§ 6201-6302.
Zoning ordinances must be consistent with
general plan. Cal. Gov't Code § 65860.
State has preempted entire field of traffic
control. Cal. Veh. Code § 21.
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 Ange/es v. City of Los
Angeles, 219 Cal. App. 2d 838, 844 (1963).
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).
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.
Zoning ordinances are not required to be
consistent with general plan unless the city
has adopted a consistency requirement by
charter or ordinance. Cal. Gov't. Code §
65803.
6A-6
 Exhibit 2: Relevant California Statutes

Government Code § 34450. Authorization

Any city or city and county may enact, amend, or repeal a charter for its own
government according to this article or Article 3 (commencing with Section 9255) of
Chapter 3 of Division 9 of the Elections Code.

Government Code § 34451. Charter commission; proposals; eligibility of

candidates

The charter may be proposed by a charter commission chosen by the voters of the city
or city and county, at any general or special election, but no person shall be eligible as
a candidate for the commission unless he or she is a registered voter of the city or city
and county.

Government Code § 34452. Election of charter commissioners; vacancies

(a) An election for choosing charter commissioners may be called by a majority vote of
the governing body of a city or city and county, or on presentation of a petition signed
by not less than 15 percent of the registered voters of the city or city and county. The
petition shall be verified by the authority having charge of the registration records of the
city or city and county and the expenses of the verification shall be provided by the
governing body thereof. The governing body shall call an election pursuant to Sections
1000 and 10403 of the Elections Code.

(b) If any vacancy arises in a charter commission established for a city or city and
county pursuant to this chapter, the vacancy shall be filled by an appointment by the
mayor of the city or city and county.

Government Code § 34453. Questions submitted; effect of vote

At an election the voters shall vote first on the question "Shall a charter commission be
elected to propose a new charter?" and, secondly, for the candidates of the office of
charter commissioner. If the first question receives a majority of the votes of the
qualified voters voting thereon at the election, the 15 candidates for the office of charter
commissioner receiving the highest number of votes shall forthwith organize as a
charter commission. However, if the first question receives less than a majority of the
votes of the qualified voters voting thereon at the election no charter commission shall
be deemed to have been elected.

Government Code § 34454. Nomination of candidates for charter commission

Candidates for the office of charter commissioner shall be nominated either in the same
manner provided for the nomination of officers of the municipal or city and county
government, or by petition substantially in the same manner provided by general laws

R6876-0001 \1215667vl.doc

6A-7
for the nomination by petition of candidates for public offices to be voted for at general
elections.

Government Code § 34455. Proposed or amended charter; signatures; filing

The charter commissioners shall propose a charter and may propose amendments to a
charter, for the government of the city or city and county. The charter so prepared shall
be signed by a majority of the charter commissioners and shall be filed in the office of
the clerk of the governing body of the city or city and county.

Government Code § 34456. Printing and mailing of copies of charter; type styles

In any city or city and county, the governing body shall cause copies of the charter to
be printed in type of not less than 10-point. If the governing body causes copies of the
proposed charter to be mailed to the voters, the text of the proposed charter may show
the difference from existing provisions of law by the use of distinguishing type styles.

Government Code § 34457. Proposed charter; submission to the voters

After the charter prepared by the charter commission has been filed in the office of the
clerk of the governing body of the city or city and county pursuant to Section 34455, the
proposed charter shall be submitted to the voters of the city or city and county at either
a special election called within 14 days by the governing body for that purpose to be
conducted at least 95 days after the date the special election is called, or at the next
established municipal election date or at the next established election date pursuant to
Section 1000 of the Elections Code, provided there are at least 95 days before the
election.

Government Code § 34458. Proposal of governing body; election

As an alternative to the procedure provided for in Sections 34450 to 34457, inclusive,

the governing body of any city or city and county, on its own motion may propose or
cause to be proposed, amend or cause to be amended, or repeal or cause to be
repealed, a charter and may submit the proposal for the adoption, or the amendments
or repeal thereof, to the voters at either a special election called for that purpose or at
any established municipal election date or at any established election date pursuant to
Section 1000 of the Elections Code, provided there are at least 88 days before the
election.

Government Code § 34459. Charter proposal, amendment or repeal; ratification;

acceptance and filing

If the voters vote in favor of the charter proposal, amendment, or repeal, it shall be
deemed to be ratified, but shall not take effect until accepted and filed by the Secretary
of State pursuant to Section 34460.

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6A-8
Government Code § 34460. Certification; authentication; filing; contents

Three copies of the complete text of a charter proposal or of any amended or repealed
section ratified by the voters of a city or city and county shall be certified and
authenticated by the chairperson and the clerk of the governing body and attested by
the city clerk, setting forth the submission of the charter to the voters of the city, and its
ratification by them. One copy shall be filed with the recorder of the county in which the
city is located, and one in the archives of the city. In the case of a city and county, one
copy shall be filed with the recorder thereof, and one in the archives of the city and
county. The third copy shall be filed with the Secretary of State. Each copy filed with the
recorder of the county or city and county and in the archives of the city or city and
county shall be filed with the following:

(a) Certified copies of all publications and notices required of the city by this chapter or
by the laws of this state in connection with the calling of an election to propose, amend,
or repeal a city charter.

(b) Certified copies of any arguments for or against the charter proposal, amendment,
or repeal which were mailed to voters pursuant to Sections 9281 and 13303 of the
Elections Code.

(c) A certified abstract of the vote at the election at which the charter proposal,
amendment, or repeal was approved by the voters.

Government Code § 34461. Secretary of state; acceptance and filing; publication;

judicial notice

A charter proposal, amendment, or repeal by the voters of a city or city and county and
submitted to the Secretary of State in compliance with this chapter shall be accepted
and filed by the Secretary of State. The charter proposal, amendment, or repeal shall
be published in the statutes in a charter chapter series under the designation "Statutes
of (year), Charter Chapter ." Under the chapter number, the
date of the ratification election and the date of filing with the Secretary of State shall be
indicated.

After a charter proposal, amendment, or repeal is accepted and filed by the Secretary
of State, the courts shall take judicial notice thereof.

Government Code § 34461.5. Repealed by Stats.1988, c. 357, § 9

Government Code § 34462. Cities and counties; proposed or amended charters;

submission to voters

(a) A charter commission established for a city and county pursuant to this chapter shall
complete a proposed or amended charter and submit the charter to the voters of the
city and county within two years of the date of the election of the charter
commissioners, and at the expiration of that period is abolished.

R6876-0001 \1215667vl.doc

6A-9
(b) A charter commission may submit portions of the proposed or amended charter to
the voters periodically.

Elections Code § 9255. Charter proposals; submission to voters

(a) The following city or city and county charter proposals shall be submitted to the
voters at either a special election called for that purpose, at any established municipal
election date, or at any established election date pursuant to Section 1000, provided
that there are at least 88 days before the election:

(1) A charter proposed by a charter commission, whether elected or appointed by a

governing body. A charter commission may also submit a charter pursuant to Section
34455 of the Government Code.

(2) An amendment or repeal of a charter proposed by the governing body of a city or a

city and county on its own motion.

(3) An amendment or repeal of a city charter proposed by a petition signed by 15

percent of the registered voters of the city.

(4) An amendment or repeal of a city and county charter proposed by a petition signed
by 10 percent of the registered voters of the city and county.

(5) A recodification of the charter proposed by the governing body on its own motion,
provided that the recodification does not, in any manner, substantially change the
provisions of the charter.

(b) Charter proposals by the governing body and charter proposals by petition of the
voters may be submitted at the same election.

(c) The total number of registered voters of the city or city and county shall be
determined according to the county elections official's last official report of registration
to the Secretary of State that was effective at the time the notice required pursuant to
Section 9256 was given.

R6876-0001 \1215667vl.doc
6A-10
 Exhibit 3: California Charter Cities

Adelanto Los Alamitos San Ramon

Alameda Los Angeles Sand City
Albany Marina Santa Ana
Alhambra Marysville Santa Barbara
Anaheim Merced Santa Clara
Arcadia Modesto Santa Cruz
Bakersfield Monterey Santa Maria
Berkeley Mountain View Santa Monica
Big Bear Lake Napa Santa Rosa
Buena Park Needles Santee
Burbank Newport Beach Seal Beach
Carlsbad Norco Shafter
Cerritos Oakland Signal Hill
Chico Oceanside Solvang
Chula Vista Oroville Stockton
Compton Pacific Grove Sunnyvale
Culver City Palm Desert Temple City
Cypress Palm Springs Torrance
Del Mar Palmdale Truckee
Desert Hot Springs Palo Alto Tulare
Dinuba Pasadena Vallejo
Downey Petaluma Ventura
Eureka Piedmont Vernon
EI Centro Placentia Victorville
Exeter Pomona Visalia
Folsom Port Hueneme Vista
Fortuna Porterville Watsonville
Fresno Rancho Mirage Whittier
Gilroy Redondo Beach Woodlake
Glendale Redwood City
Grass Valley Richmond
Hayward Riverside Total Cities: 117
Huntington Beach Roseville
Indian Wells Sacramento
Industry Salinas
Inglewood San Bernardino
Irvine San Diego
Irwindale San Francisco
Kingsburg San Jose
La Quinta San Leandro
Lemoore San Luis Obispo
Lindsay San Marcos
Loma Linda San Mateo
Long Beach San Rafael

R6876-0001 \1214921 vl.doc

6A-11
 Exhibit 4: CHARTER OF THE CITY OF BUENA PARK

PREAMBLE

We the people of the City of Buena Park 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 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 Buena Park.

Article I - Municipal Affairs: Generally

Section 100. Municipal Affairs. The City shall have full power and authority to adopt, make,
exercise and enforce all legislation, laws, and regulations and to take all actions relating to
municipal affairs, without limitation, which may be lawfully adopted, made, exercised, taken or
enforced under the Constitution of the State of California.

Article II - General Laws

Section 100. 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 III - Public Contracting

Section 100. The provisions of California Labor Code Section 1770 et. seq. regarding prevailing
wages on public works and related regulations, as now existing and as may be amended, are
accepted and made applicable to the City, its departments, boards, officers, agents and
employees.

Article IV - Interpretation

Section 100. 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 power to govern with respect to any matter
which is a municipal affair.

Section 200. 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.

The electors of the City of Buena Park, by a majority of the votes cast, adopted this Charter of
the City of Buena Park at the general municipal election held November 4, 2008. The results of
such election were certified by the City Council of the City of Buena Park through adoption of its
Resolution No. 12164.

6A-12
 ;>.
.....
..... Exhibit 5
U
H
Understanding Home
lU
..... Rule
H
::;S The home rule provision in
..c: California's state constitution
U
allows eharter cities to conduct
":LJ their 0,,"11 business and control
> their 0,,"11 affairs.
~ Home rule is based on the prin-
::os
~
ciple that a city, rather than the
.-<
state legislature, knows what it
::;S needs and how to satisfy those
H
lU needs. Becoming a charter city
s::I lets voters determine how their
lU
city government is organized
o and, with respect to municipal
affairs, pass laws different than those
passed by the state.
Should it be determined that it is in the
best interest ofthe City to operate under
a city charter, the question as to whether
or not to adopt a charter would be placed Contact Info:
on the November 2008 ballot. Shallce Reynoso, City Clerk
Office of the City Clerk
for more infonnation regarding general (j(j50 Beach Boulevard

law vs. ehartcr city forms of government Buena Park, CA 96621

call (714) 562-3750. Phone: 714.562.3750

Fax: 714.562.3506
E-mail: s.reynoso@buenapark.com

6A-13
What is a Charter?
A city charter is a unique document that, in
many ways, acts like a constitution for the city.
It can only be adopted, amended or repealed by
a majority vote of a city's voters.
A charter transfers the power to adopt
legislation affecting municipal affairs from the
state legislature to the city. A city operating
under a charter can acquire full control over its
municipal affairs.
Areas ofstatewide concern, which cannot be
governed by a city charter, include traffic laws,
affordable housing obligations, and claims
against a public agency.
Municipal Affairs
A city charter gives residents more control over
their local government and the municipal affairs
ofthe city Examples are:
• Methods and procedures for awarding and
constructing public projects.
• Procedures for enacting local ordinances.
• Municipal election matters.
• Land use and zoning decisions.
• How the city spends its tax dollars.
Advantages of a City Charter
• Eliminates requirement to award contracts to
the lowest bidder. Contracts can be awarded to
the most qualified.
• May use city employees to construct public
improvements.
• May use a design-build process for public
improvements.
• Eliminates prevailing wage requirement for
projects that don't receive federal or state
funding.
• Ordinances and city codes may be adopted in a
shorter time frame.
• May establish its own election procedures such
as the option ofvoting by mail on certain
matters.
Disadvantages of a City Charter
• Cost ofprofessional services to draft charter.
• Costs ofconducting election.
6A-14
 Exhibit 6: TALKING POINTS

CHARACTERISTICS OF CHARTER CITIES

CITY OF BUENA PARK

• Charter cities are not subject to the competitive bidding requirements of the Public
Contract Code.

Current Scenario:
Bids must be awarded to the low bidder without regard to contractor's knowledge,
experience doing similar work, number of years in business, track record for
completing work on time, track record for work quality, and financial stability
(bankruptcy). This often results in bids being awarded to substandard contractors
who take too long to complete projects, are messy and intrusive, have bad work
quality which must be removed and replaced, don't pay subcontractors resulting in
liens and stop notices, and require extensive oversight by City engineers and
inspectors. Sometimes legal action is required to resolve disputes with substandard
contractors, which is both costly and time consuming. Recent examples of
substandard low bidders: the Commonwealth Widening and Median Project and the
Traffic Signal Controller Equipment (Sychronex filed bankruptcy). Also, for the City
Hall project, the City felt the low bidder was not qualified and legal counsel was
involved in defending the City's decision to not award to the low bidder. In most
cases, if the City does not go with the low bidder, the low bidder will challenge the
decision because it jeopardizes the contractor's ability to secure future bonds. The
City does have the option to reject all bids and re-bid the project; however,
historically when this is done, the second round of bids come in higher. (Note: the
State does have a process for general law cities to pre-qualify bidders, but it does
not provide sufficient flexibility and few cities use it.)

Advertising for bids is lengthy and costly as the Public Contract Code requires that
the City publish bid notices in the local newspaper (BP Independent) twice, ten days
before the bid opening. This requires that the bid notice be submitted to the City
Clerk for publication 20 days before the bid opening. And it is questionable if any of
our bidders even use the BP Independent as their resource. The City finds
alternative noticing such as the internet, local trade pUblications, the City's website,
and email to be more effective, and the expenditures for newspaper advertising is a
waste of time and money.

Charter Scenario:
By ordinance, the City Council may establish a process by which contractors are pre-
qualified and screened for experience, reputation, and financial stability. Pre-
qualified contractors would be contacted immediately and the requirement to publish
in the BP Independent would be eliminated. In awarding contracts, the City could
take the contractor's reputation into account, not only the bid price, which is currently
the case. Smaller contracts could also be performed in-house, for example
remodeling the City Yard offices.

01/08

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Talking Points - Charter Exploratory Committee
Page 2

• Charter cities are not required to pay "prevailing wages" for all public works projects.
There are exceptions however that include projects of statewide concern or state or
federally-funded projects.

Current Scenario:
Presently the City is required to pay prevailing wage for all public contracts resulting
in higher project costs.

Charter Scenario:
For city-funded projects such as City Hall, the Senior Center, and certain street and
slurry seal projects, the contractor may not be required to pay prevailing wage
resulting in lower project costs.

• Charter cities may use a design-build process for constructing projects.

Current Scenario:
The process for public contracts is lengthy, as it requires that a design contract be
awarded, the architectural and engineering plans be prepared, the plans and
specifications be approved by the City Council, the bid notices be advertised, and the
contract awarded. This process can take up to a year to complete for more complex
projects. With every month a project is delayed, the project costs increase. (Note:
We are using a quasi-design/build process (project manager with multiple primes) for
the new police facility; however, state law requires that we still bid each subcontract
separately and award to the low bidder.

Charter Scenario:
The construction time period for public contracts can be greatly reduced, as a
contract is awarded after the plans are 60% to 70% complete. The design-build
module is typically used when time is critical, such as correcting a hazardous
condition, meeting a funding deadline, or meeting a mandate. While there may be
no significant change in the total project cost, typically there are 50 percent fewer
change orders and fewer project delays due to pending change order approvals.
Contracts are awarded to pre-qualified contractors which best meet the project
parameters, as opposed to awarding to the low bidder.

• Charter cities may establish different methods for enacting local ordinances.

Current Scenario: Presently the process for adopting an ordinance is lengthy and
costly as it requires a first reading, a second reading, publication in the local
newspaper (BP Independent) and a 3D-day waiting period.

Charter Scenario: The City Council may establish its own method for enacting
ordinances such as eliminating the publication requirement in lieu of posting on the
internet or reducing the 3D-day waiting period.

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Talking Points - Charter Exploratory Committee
Page 3

• Charter cities are exempt from the requirement that their zoning be consistent with the
general plan.

Current Scenario: Presently zoning is required to be consistent with the general

plan, thus changes to a general plan may require changes to zoning. For example, if
the general plan is amended to state that community gardens should be encouraged
on underutilized land, then the zoning code must be amended to include community
gardens as a permitted use in vacant lots.

Charter Scenario: Using the above example, community gardens would not need to
be a permitted use in vacant lots even though the general plan may encourage
community gardens on underutilized land.

Note: The City's obligation to provide affordable housing would remain unchanged in
either a general law or charter scenario.

• Charter cities may establish their own unique election dates, rules and procedures.

Current Scenario: Presently the City must adhere to the Election Code in filling
unscheduled council vacancies, which requires that the Council (within 30 days)
appoint someone to fill the vacancy or call for an election to be held on one of the
state's four established election days, which shall be no later than 114 days of the
call for election. These stand alone elections can cost approximately $125,000.

Charter Scenario: The City Council may establish its own procedure for filling
vacancies including conducting the election by a mail-in ballot which could save the
City over $100,000 per election.

• Charter cities may enact procedural ordinances for assessment district formation and
financing that general law cities cannot do outside the procedures established by state
law.

Current Scenario: Presently the City may create assessment districts to fund certain
facilities such as enhanced lighting or landscaping for high-profile areas. Under the
assessment district, the property owners which benefit from the enhancement would
pay for the facilities. The property owners would need to vote to approve the
assessment district under the provisions of Proposition 218.

Charter Scenario: The City would be able to create assessment districts as outlined
above; however, the City would be able to create assessment districts for a broader
range of reasons, such as for maintenance of high-profile streets or maintenance of
city-owned buildings. For example, if the City took ownership of Beach Boulevard,
an assessment district could be created for maintenance of the street and for
enhanced improvements, such as a pedestrian bridge. With either scenario, the
affected property owners would need to vote to approve the assessment under
Proposition 218.

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Talking Points - Charter Exploratory Committee
Page 4

• Charter cities are not restricted from expending public funds for a private purpose and
are not prohibited from providing gifts of public funds.

Current Scenario: Presently public funds must be expended for public or municipal
purposes, and not for a private purpose. The City is also prohibited from providing
public funds to a private party if the City receives no consideration in exchange for
the expenditure.

Charter Scenario: The City would be able to expend or give public funds for a
private purpose. For example, the City would have more authority to assist in
disaster relief, such as contributing to the relief fund for Katrina, 9-11, and the wild
fires. The City could provide City equipment or workforces to assist private parties
with rebuilding a private property after a disaster. Additionally, the City could donate
old unwanted equipment (such as computers, air conditioning units, vehicles) to local
organizations or businesses.

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 Exhibit 7: WORK PLAN

CHARTER EXPLORATORY COMMITTEE

CITY OF BUENA PARK

Below is a revised timeline for the Charter Exploratory Committee's work plan.

Step 1 City Council appoints two council members to serve on the Charter Completed
Exploratory Committee. Marshall I McCay 13-Nov-07
Step 2 The two council members make recommendations for the citizen Completed
appointments. Each council member selects one member to appoint to 8-Jan-08
the Committee.
Step 3 City Council approves resolution establishing the Charter Exploratory Completed
Committee and officially appoints committee members. 22-Jan-08
Step 4 Charter Exploratory Committee meets to: 1) receive City Attorney Completed
explanation and review the function of a City Charter; 2) review and make 25-Feb-08
its recommendation on the proposed charter language; 3) Develop talking
points regarding the advantages and disadvantages of a City Charter.
Step 5 Charter Exploratory Committee: 1) develops a plan for soliciting citizen Completed
input; and 2) meets with service organizations and citizens groups to Mar 08 - May 08
provide information and receive feedback.
Step 6 Charter Exploratory Committee meets to summarize input received and to Completed
formulate a recommendation for City Council. 12-May-08
Step 7 Charter Exploratory Committee presents its recommendation to City Completed
Council in study session. 27-May-08
Step 8 City Council calls for the General Municipal Election for City Council Completed
Members and City Charter Ballot Measure Election 10-Jun-08
Step 9 Charter Exploratory Committee meets to prepare a written argument for Completed
the City Charter Ballot Measure 17-Jun-08

01103/08

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 Exhibit 8: City of Buena Park Charter City v. General Law
Shalice Reynoso, Buena Park City Clerk, served as the Management Team Leader for the
Buena Park City Charter Exploratory Project. Following is an overview of the action taken from
inception to a General Municipal Election on November 4, 2008.

ACTIONS TAKEN BY CITY CHARTER EXPLORATORY PROJECT

CITY OF BUENA PARK

04-Nov-2008 Election - Measure P to Adopt a City Charter

01-0ct-2008 Publication of Measure P Home Rule Brochure Mailed to Registered Voters

01-Aug-2008 Broadcast of Cable Television Announcement Re: Proposed City Charter

01-Aug-2008 Broadcast of Cable Television Mayor's Show Re: Proposed City Charter

01-Aug-2008 Publication of Buena Park Newsletter to all Residents Re: Proposed Charter

01-Aug-2008 Publication of Web Page Re: Proposed City Charter

01-Aug-2008 Press Release Re: Measure P Proposed City Charter

17-Jun-2008 Charter Exploratory Ad Hoc Committee Prepares Written Argument

10-Jun-2008 Public Meeting to Call for Election on City Charter Ballot Measure

27-MaY-2008 Public Meeting to Receive Charter Recommendation and Provide Direction

12-MaY-2008 Publication of Commonly Asked Questions & Responses Re: City Charter

12-MaY-2008 Public Meeting to Formulate a Recommendation

01-May-2008 Presentation to Traffic and Transportation Commission with Q & A Session

30-Apr-2008 Presentation at the Chamber Networking Breakfast with Q & A Session

16-Apr-2008 Presentation to Elks Lodge with Q & A Session

09-Apr-2008 Presentation to Planning Commission with Q & A Session

01-Apr-2008 Presentation to Optimist Club of Buena Park with Q & A Session

01-Apr-2008 Presentation to CAPs Buena Park Police Volunteers with Q & A Session

01-Apr-2008 Presentation to Buena Park Foundation with Q & A Session

27-Mar-2008 Presentation to Beautification Commission with Q & A Session

27-Mar-2008 Presentation to Buena Park Police Association with Q & A Session

27-Mar-2008 Presentation to Senior Commission with Q & A Session

City of Buena Park: Charter City v. General Law Page 1
by Shalice Reynoso, MMC

6A-20
26-Mar-2008 Presentation to Soroptimist with Q & A Session

20-Mar-2008 Presentation to Park and Recreation Commission with Q & A Session

20-Mar-2008 Presentation to Buena Park Woman's Club with Q & A Session

19-Mar-2008 Presentation to Fine Arts Commission with Q & A Session

19-Mar-2008 Presentation to Rotary Club of Buena Park with Q & A Session

18-Mar-2008 Presentation to Senior Club with Q & A Session

10-Mar-2008 Presentation to BP Historical Society with Q & A Session

07-Mar-2008 Presentation to American Legion with Q & A Session

06-Mar-2008 Presentation to Chamber Legislative Network with Q & A Session

04-Mar-2008 Presentation to Noon Lions Club with Q & A Session

28-Feb-2008 Presentation to Citizens Advisory Committee with Q & A Session

25-Feb-2008 Public Meeting to Review Charter Function & Develop Outreach Strategy

01-Feb-2008 Publication of Charter City v. General Law Tri-Fold Brochure

01-Feb-2008 Preparation of Sample Script for Charter Exploratory Committee Members

28-Jan-2008 Announcement on City of Buena Park Website

28-Jan-2008 Press Release sent to LA Times, OC Register, BP Independent

24-Jan-2008 Article Submitted for Buena Park Today Re: Formation of Committee

22-Jan-2008 Public Meeting to Establish Committee and Officially Appoint Committee

08-Jan-2008 Public Meeting to Discuss Committee Structure and Appointments to Committee

13-Nov-2007 Public Meeting to Appoint Council Members to Committee & Discuss Structure

01-Aug-2007 Preparation of Work Plan for Proposed Charter Exploratory Committee

06-May-2007 Public Meeting to Review Statistics, Election, and Legal Costs

23-Jan-2007 Public Meeting to Review Advantages and Disadvantages of Charter City

01-Sep-2006 Review with Legal Counsel-City Attorney and Labor Attorney

01-Sep-2006 Research Re: Other City Charters and Ballot Measures

26-Aug-2006 Public Meeting to Establish Strategic Goals-City Charter Identified as Goal

01-Jul-2006 Preparation of Talking Points Re: Characteristics of Charter Cities

City of Buena Park: Charter City v. General Law Page 2
by Shalice Reynoso, MMC

6A-21
City of Buena Park: Charter City v. General Law Page 3
by Shalice Reynoso, MMC

6A-22
 Exhibit 9:

RESOLUTION NO. 12014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUENA PARK, CALIFORNIA, ESTABLISHING AND
DEFINING THE SCOPE OF THE CHARTER EXPLORATORY
COMMITTEE

WHEREAS, the City Council has provided direction to establish an exploratory

committee to consider the Charter City vs. General Law forms of government;

NOW, THEREFORE, the City Council of the City of Buena Park does hereby establish
the scope and characteristics of the Charter Exploratory Committee as set forth herein.

Section 1: Specific Tasks and Objectives

1. Research and enumerate the advantages and disadvantages of the General

Law vs. the City Charter forms of government;

2. Make recommendations on proposed charter language;

3. Develop and execute a plan for soliciting citizen input; and

4. Make recommendation to City Council on a ballot measure to enact a City

Charter.

Section 2: Committee Type

The committee type shall be ad hoc.

Section 3: Composition

The committee shall consist of seven members, two of which are City Council
Members and five of which are residents.

Section 4: Qualifications

Each member of the Committee must be at least 18 years of age, reside in the
City, and be registered to vote.

Section 5: Appointment and Term

Each member of the City Council shall appoint one resident member to the
Committee. Each resident member shall serve at the pleasure of his or her appointing Council
Member. The Committee will terminate on November 4, 2008.

R6876-0001 \1239073vl.doc

6A-23
 Section 6: Support to the Committee

Staff support shall be provided to the Committee as determined appropriate by the

City Manager.

Section 7: Meetings

The Committee shall meet on a date and time selected by the members of the
Committee. The meetings shall be noticed pursuant to the Brown Act.

Section 8: Reporting

Minutes of the Committee shall be prepared by staff designated by the City

Manager and shall be a public record, filed with the City Clerk.

PASSED AND ADOPTED this 22nd day of January 2008 by the following called
vote:

AYES: COUNCILMEMBERS: Marshall, McCay, Berry, Dow

NOES: COUNCILMEMBERS: None

ABSENT: COUNCILMEMBERS: None

ABSTAIN: COUNCILMEMBERS: None

Mayor

ATTEST:

City Clerk

I, Shalice Reynoso, City Clerk of the City of Buena Park, California, hereby certify that
the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the
City Council of the City of Buena Park, held this 22nd day of January 2008.

City Clerk

2
R6876-0001\1239073vl.doc

6A-24
Exhibit 10: No. _

STUDY SESSION
AGENDA REPORT TO CITY COUNCIL

Meeting Date: January 23, 2007

To: The Mayor and City Council

Title: The Advantages and Disadvantages of Charter vs. General Law Cities

At its strategic planning session, the City Council requested additional information regarding the
advantages and disadvantages of becoming a charter city. A city charter is a unique document that, in
many ways, acts like a constitution for the city and is adopted by a majority vote of the people.

Municipal Affairs. Charter cities may exercise full control over municipal affairs. Municipal affairs
include:

Methods and Procedures for Public Contracts

Land Use and Zoning Decisions
Municipal Elections
Method for Enacting Local Ordinances
Procedures for Initiative, Referendum and Recall
Appointment, Compensation and Termination of City Employees
Procedures for Issuing Building Permits
Improvement of Municipal Streets
Establishment and Maintenance of Sewer Drains

Statewide Concerns. Charter cities are still subject to state law on non-municipal affairs that are of
statewide concern. Statewide concerns include:

California Vehicle Code

The Brown Act
The Public Records Act
Franchises for Telephone
Claims Against a Public Entity
Exercise of Power of Eminent Domain

Advantages. City charters allow cities to tailor their organizations based upon the unique local
conditions and needs of the community. Some possible advantages to the City of Buena Park include:

Eliminates requirement to award to low bidder.

May use its own forces for public improvements.
May use a design-build process for public improvements.
Eliminates prevailing wage requirement for projects not subject to federal or state funding.
Ordinances may be adopted in a shorter timeframe.
Not limited to four general plan amendments per year.
May establish its own election dates and election procedures.
Broader assessment powers than a general law city.
Zoning ordinances are not required to be consistent with the general plan.

6A-25
Page 2 STUDY SESSION - AGENDA REPORT TO CITY COUNCIL
Meeting Date: January 23, 2007
Subject: The Advantages and Disadvantages of Charter vs. General Law Cities

Disadvantages. Charter cities can only be adopted, amended or repealed by a majority vote of a city's
voters. Because a city charter is not required to have any particular provision, it would be advisable for
the City to reserve for itself the greatest amount of power it can when it adopts a charter. This allows
the City to adopt most of its regulations by ordinance or resolution so that charter amendments are not
necessary. Other disadvantages include:

The cost of professional services to draft the charter.

The cost of conducting an election.
The cost of future charter amendments.

The City Attorney has prepared the attached memorandum which describes the process for becoming
a charter city and gives general information about the advantages and disadvantages. Also attached is
a table which provides a side-by-side comparison of general law vs. charter city characteristics. The
City Attorney will be present at the study session to answer specific questions as they relate to the City
of Buena Park.

Prepared by: Approved:

City Clerk Rick Warsinski, City Manager

Attachments: Memorandum from Steven L. Dorsey

Table Re: Characteristics of General Law vs. Charter Cities

6A-26
 EXHIBIT 11

"We the people of the City of Buena Park 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 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 ofBuena Park. "

Preamble of the Charter of the City of Buena Park

adopted Nov. 4. 2008

The people of the City of Buena Park, by a majority of the votes cast, adopted its Charter of the
City of Buena Park at the general municipal election held November 4, 2008. The results of
such election were certified by the City Council of the City of Buena Park through adoption of its
Resolution No. 12164.

Background
In August 2006, the City Council developed a strategic plan to enhance the quality of life for its
residents. One of the top ten priorities established in the strategic plan was to study adopting a
charter form of government as opposed to the existing general law form.

General law cities rely on the state legislature to pass certain laws, which charter cities do not
need to follow, in areas such as construction contracts, elections, and spending public funds. A
charter transfers the power to adopt legislation affecting municipal affairs from the state
legislature to the city. A city operating under a charter can acquire full control over its municipal
affairs. Areas of statewide concern which cannot be governed by a city charter include traffic
laws, affordable housing obligations, and claims against a public agency.

Draft City Charter

At the City Council's direction, the City Clerk and City Attorney drafted a simplified-form city
charter which reserves for the City broad jurisdiction and avails itself of the full power provided
to charter cities by the State Constitution. The draft city charter proposed no changes to the

6A-27
government structure and no changes to existing city laws or regulations. Any future changes
to laws and regulations would be made by ordinances or resolutions by the City Council after
adoption of the charter.

Charter Exploratory Committee

To facilitate input from the public on the issue, the City Council appointed a Charter Exploratory
Committee to study the practicability of adopting a charter form of government and to solicit
input from the public. The Charter Exploratory Committee consisted of five Buena Park
residents and two council members, and the main objectives of its work plan were to:

1) Research and enumerate the advantages and disadvantages of the General Law vs. the
City Charter forms of government;
2) Make recommendations on proposed charter language;
3) Develop and execute a plan for soliciting citizen input; and
4) Make a recommendation to the City Council on a ballot measure to enact a City Charter.

The committee made presentations and held question and answer sessions with over twenty
community and service organizations. In addition to these community presentations, the public
outreach campaign also included development and distribution of an informational brochure,
press releases, information on the City's website, a cable television show featuring the Charter
Exploratory Committee's work plan, and announcements on cable television. The Committee
reviewed the public input received and discussed specific questions and responses exchanged.

Prevailing Wages Concern

At the May 12 meeting of the Charter Exploratory Committee, approximately 500 members of
various building and construction unions attended, and the Committee received public testimony
from approximately 30 union members requesting that consideration be given to including the
following language in the proposed charter:

The provisions of California Labor Code Section 1770 et. seq. regarding prevailing
wages on public works and related regulations, as now existing and as may be
amended, are accepted and made applicable to the City, its departments, boards,
officers, agents and employees.

On May 27, the City Council deliberated the merits of preserving prevailing wages on all public
works projects and unanimously supported including language in the draft city charter.

Recommendation of the Charter Exploratory Committee

Following its review and analyses of public input, the Charter Exploratory Committee made the
determination that it is in the best interest of the City to operate under a city charter and
formulated a recommendation that the City Council place a ballot measure on the ballot for the
November 2008 general municipal election. The Committee supported a simplified-form charter
document which reserves for the city the broadest power it has under the California state

6A-28
constitution to implement home rule. On May 27, the City Council received and supported the
Committee's recommendation with inclusion of language making prevailing wages applicable for
all City public works projects.

Ratification and Adoption

A general municipal election was held November 4, 2008, for the purpose of submitting to the
electorate Measure P - An Initiative to Adopt a Charter City Form of Government. The whole
number of ballots cast on the measure was 22,436, with 13,129 in favor and 9,307 against. At
its December 9, 2008, meeting, the City Council certified the statement of vote, and the charter
was deemed ratified and adopted.

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