20110129 Late CorrespondenceCHARTER CITY INITIATIVE
General Law
vs.
Charter City
~ME:~S[JREC
Questions?
Contact:
City Manager's Office
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Understanding Home Rule
For more information regarding general law
vs.charter city forms of government visit
www.palosverdes.com/rpv
At the September 7,2010 City Council Meet-
ing,after considering and incorporating sug-
gestions from City residents,the Council ap-
proved the language for the proposed Char-
ter.The ballot measure regarding the Charter
has been placed on the ballot for the March 8,
2011 election.
Home rule is based on the principle that the
residents of a city,rather than the state legis-
lature,knows the needs of the City and its
residents and how to satisfy those needs.Be-
coming a charter city lets voters determine
how their city government is organized and,
with respect to municipal affairs,pass laws
different than those passed by the state.
The home rule provision in the California Con-
stitution al10ws cities to adopt a charter that
replaces state laws in areas related to munici-
pal affairs.
Phone:(310)544-5204
Fax:(310)544-5291
Email:citymanager@rpv.com VOTE
/B~'~.~
MARCH 8,2011
eCEIVED FROM L.!M v\.'4 r \..~.-.
lAND MADE A PART OF THE rCOR"AT THE
1
lCOUNCIL MEETING OF f?Jl (II
OFFICE OF THE CITY CLERK
CARLA MORREALE.CITY CLERK
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It can only be adopted,amended or repealed by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 legisla-
tion affecting municipal affairs from the state
legislature to the city.A city operating under a
charter can acquire full control over its munici-
pal affairs.
Areas of statewide concern,which cannot be
superseded by a city charter,include traffic
laws,affordable housing obligations,the Califor-
nia Environmental Quality Act,and the Ralph M.
Brown Act,which is the State open meeting law.
A city charter gives residents more control over
their local government and the municipal affairs
of the city.Examples of municipal affairs are:
9 Methods and procedures for awarding and
constructing public projects.
411 Procedures for enacting local ordinances.
<Ill Municipal election matters.
It land use and zoning decisions.
<If>In most cases,how the city spends its tax
dollars.
IIlI Eliminates requirements to award public
works contracts to the lowest bidder.Con-
tracts can be awarded to the most qualified
bidder.
<If>May use City employees to construct public
improvements.
<II Eliminates prevailing wage requirement for
projects that do not receive federal or state
funding.
<II Ordinances and city codes may be adopted
in a shorter time frame.
9 May establish its own election procedures
such as the option of voting by mall on cer-
tain matters.
1&Costs of conducting Charter election.
It The transition period of moving from a
General law City to a Charter City.
&!There is some uncertainty regarding which
municipal affairs wi!!continue to be gov-
erned by a city's charter.Municipal affairs
may erode over time due to state legisla-
tion and subsequent judicial decisions.
!III Because amendments to a charter require
a majority vote of the City's voters at an
election,changes to the Charter will take
longer than amendments to the City's Mu-
nicipal Code,and they will be more costly.
C1TVOF
Proposed Charter City Measure:Frequently Asked Questions
The City ofRancho Palos Verdes is currently a general law city.The Rancho Palos Verdes City
Council voted to hold a special election on March 8,2011 to ask voters whether it should
become a charter city.Below are several frequently asked questions in this regard.For more
information,please call the City Manager's Office at (310)544-5204.
Q:What is the difference between a general law city and a charter city?
A:There are two types of cities in California -charter and general law .Charter cities
follow the laws set forth in the State's Constitution along with their own "charter"document
regarding municipal affairs.General law cities follow the State Constitution and the laws passed
by the Legislature.
The essential difference between the two types of cities is that having a charter gives cities more
local authority over municipal affairs.Charter cities are able to customize operations to meet the
unique needs of their community,while general law cities are dependent on the State Legislature
for their power.
Q:What is a city charter,and how is one adopted?
A:A city charter is a unique document that acts like a constitution for the city adopting it.It
can only be adopted,amended or repealed by a majority vote of a city's voters.This puts more
control in the hands of the residents instead of State legislators and gives a community greater
independence to determine its own destiny.
Q:Why is Rancho Palos Verdes considering becoming a charter city?
A:The Rancho Palos Verdes City Council unanimously voted to hold a special election on
March 8,2011,to ask voters whether it should become a charter city.The Council believes that
becoming a charter city is the best way to gain the maximum amount of local control for the
City.The Council also believes the City could save millions of dollars on upcoming capital
improvement projects if it becomes a charter city.
Q:How have other cities benefitted from becoming charter cities?
A:Charter cities have more control over their use of funds because they do not have to
follow many State-required procedures that are costly,such as procedures for bidding on public
works projects,and thus they have saved large amounts of local funds.Additionally,charter
cities are able to pass ordinances that work better for their communities,such as streamlined
elections procedures,and thus they are able to better tailor their procedures and ordinances to
their particular needs.
Q:What other cities are charter cities?
A:Of the 481 cities listed with the League of California Cities,120 of them are charter
cities.In Los Angeles County,current charter cities include Alhambra,Burbank,Cerritos,
Culver City,Downey,Glendale,Long Beach,Los Angeles,Pasadena,Redondo Beach,Santa
Monica,and Torrance.
Q:Are any of the other Peninsula cities planning to adopt a city charter?
A:Not to our knowledge.
Q:If becoming a charter city provides more control,then why haven't all California
cities adopted charters?
A:In some cases,cities do not have unique enough needs for a charter.Some cities may
operate just fine under the power of the Legislature.However,as some cities develop and grow
and become more sophisticated,they typically require an operating platform that allows them to
tailor their activities to the specific needs of the community.
In addition,placing a charter proposal on the ballot has a fiscal impact on a city.In some
cases the cost of the ballot measure does not outweigh the benefits derived from a charter;in that
case,there is no particular reason for a city to change its operating platform.
In Rancho Palos Verdes'case,the estimated cost of the ballot measure ($70,000 to
$90,000)would be significantly less than the estimated fiscal benefit of becoming a charter city
(millions would be saved on the City's planned capital improvement projects alone).
Q:Are there disadvantages to becoming a charter city?
A:Although the fiscal benefits of becoming a charter city will far exceed the costs of
placing a charter proposal on the ballot,the City does still have to pay for this ballot measure.
Additionally,if the voters decide to approve the charter,there will be a transition period while
the City determines what changes would most benefit the community.Any changes to the
Municipal Code as a result of chartering would have to be adopted at a duly noticed City Council
meeting and would be reflected on the agenda for that meeting.
Q:If the charter is approved in March,when will it go into effect?
A:If the voters approve the charter by a simple majority in March,the charter will go into
effect once election results have been certified and a copy of the approved charter is filed and
accepted by the Secretary of State.It is anticipated that this will happen within thirty days of the
election.
2
Q:What are the restrictions on a charter city's power?
A:Charter cities are subject to restrictions in the federal Constitution,federal laws,the
California Constitution,and State laws that regulate matters ofstatewide concern,such as
criminal laws in the California Penal Code,the state's open meeting law (the Brown Act),the
California Environmental Quality Act and vehicular laws in the Vehicle Code.
Q:Are there specific constraints in the proposed Charter?
A:The proposed Rancho Palos Verdes Charter constrains the City in four areas.First,
Councilmember compensation and expenses will continue to be restricted to the same degree as
they are for general law cities.In addition,the Charter memorializes the City's current policy of
not providing additional compensation to City Council Members for attending meetings of
commissions or committees that are related to the City.Second,staff compensation must
continue to be approved in a transparent manner at duly noticed City Council meetings.Third,
the City must comply with State laws regarding the prohibition against gifts of public funds.
Fourth,the requirement that the zoning ordinance of a general law city must be consistent with
its general plan will continue to apply to the City.
Q:Why does the Charter restrict Councilmember compensation but not City staff
compensation?
A:State law restricts Councilmember compensation in a general law city to a particular
amount based on the city's population.The proposed Rancho Palos Verdes Charter requires the
City to continue to adhere to these restrictions.There are no parallel State law restrictions on
staff compensation.However,the proposed Charter mandates that staff compensation shall
continue to be determined in a transparent manner at duly noticed City Council meetings.
Q:Why was the Charter adopted by the Council rather than by a committee?
A:The Council adopted this Charter in order to expedite the process to take advantage of
cost savings as soon as possible.Additionally,the Council did not want this Charter election
politicized by Council candidates and thus placed the charter on the ballot independently of the
upcoming Council elections.However,the Charter was considered and revised in a series of
public City Council meetings.The input of residents was critical to this process,and comments
from residents were incorporated into the Charter.
Q:What are prevailing wages?How is the prevailing wage requirement impacted by
becoming a charter city?
A:Prevailing wages are the per diem wages set by the California Department of Industrial
Relations.Prevailing wages are significantly higher than industry standard wages.It is
commonly estimated that paying prevailing wages adds between 20 and 40 percent to the cost of
3
labor on a public works project.The cost of labor varies with each individual project,but an
average labor component of 40 percent of the total cost of a project would be a reasonable
estimate.
Charter cities historically have not paid prevailing wages on city-funded projects unless they
chose to do so,whereas general law cities must pay prevailing wages for most public works
contracts over $1,000.Prevailing wage requirements continue to apply to projects funded with
federal,state,or redevelopment money.
There is a case currently pending in the California Supreme Court on the issue of whether charter
cities must pay prevailing wages,so the state of the law may change.As of December 1,2010,
there has been no decision in this case,and thus charter cities may continue to opt out of paying
prevailing wages and thereby save significant taxpayer dollars on their locally-funded public
works projects.
Q:What is design-build contracting?How does becoming a charter city impact the
City's ability to use this tool?
A:The design-build process allows a city to contract with a single entity that both designs
and constructs a public works project,rather than a city separately soliciting proposals from an
architect or engineer to design the project and then to solicit bids for a contractor to construct
that project.This enables faster delivery,eliminates redundancies,reduces risk,and saves costs.
Until 2016 (unless the Legislature chooses to extend this date),general law cities may enter into
certain design-build contracts for building construction projects in excess of $1,000,000.Charter
cities may enter into any design-build contracts unless they are restricted from doing so by their
charters or ordinances.
Q:How does becoming a charter city help save the City money?
A:Charter cities have greater flexibility when it comes to contracting public works projects.
General law cities must competitively bid any public works project over $5,000.This process
can be expensive and can delay projects from moving forward.The longer it takes for projects to
move forward,the more expensive projects typically become due to rising costs for materials.
Charter cities can also utilize design-build contracts to save significant amounts of money.
It is anticipated that Rancho Palos Verdes will spend millions of dollars on public works capital
improvement projects over the next few years,and could save enormous amounts as a charter
city on these projects alone because of the cost difference between prevailing wages and industry
standard wages.Tax dollars will stretch further on public works projects,giving residents more
value for each dollar spent.
This type of savings applies to other public works projects as well,not just capital improvement
projects.Becoming a charter city would allow the payment of standard industry wages instead
of prevailing wages for items like carpentry,cement masonry,electrical work,landscaping,
painting,plumbing,roofing and street sweeping.
4
Q:Does this measure cost money to put on the ballot?
A:It is estimated that there is a cost of $70,000 to $90,000 to put the measure on the ballot,
which is outweighed by the potential cost savings of several million dollars (in labor costs)on
the capital improvement projects alone,not to mention ongoing savings on other public works
projects.
Q:Will changing to a charter city cost residents money?
A:Changing to a charter city will not cost residents more money,and there are no additional
taxes resulting from changing to a charter city.
Q:Does becoming a charter city impact the City's ability to raise taxes?
A:No,general law cities and charter cities may levy the same taxes,and having a charter
does not increase the City's ability to raise or impose taxes.In either case,the California
Constitution mandates that new taxes be approved by the City's voters.
Q:A general law city must allow local initiatives that,if passed,become ordinances of
the city and have the same effect as if they were passed by the city council.Must a charter
city likewise allow local initiatives?
A:Yes,the people's right to pass initiatives is derived from the California Constitution and
cannot be altered by a charter.Thus,charter cities may make some procedural changes,such as
listing different time requirements than those required by the California Elections Code,but
charter cities must allow for local initiatives.
Q:Will becoming a charter city streamline City processes?
A:Becoming a charter city could streamline City processes,depending on what ordinances
are adopted.Ordinances could be adopted to streamline the processes of passing future
ordinances,conducting elections,or public bidding,for example.
Q:What is the process for adopting an ordinance?
A:With the exception of urgency ordinances,an ordinance of a general law city requires
two readings before the city council votes to pass it into law.Such an ordinance becomes
effective on the thirty-first day after adoption.A charter city may change this process by
adopting a new procedure for passing ordinances.For example,a charter city may only require
one reading of an ordinance or reduce the waiting period for the ordinance to become effective.
5
Q:Will adopting a city charter prevent the City from hiring union members for capital
improvement projects?
A:No,union contractors may still bid for City projects.The City will look at the cost of
what it takes to get the job done and base its hiring decision on that,along with contractor
qualifications.Becoming a charter city does not rule out contracting with unions.
Q:Will this change the City's current "Council-Manager"form of government?
A:While some charter cities have what is known as a "Strong Mayor"form of government,
the proposed Rancho Palos Verdes Charter would preserve the City's current form of
government,which is known as the "Council-Manager"form.
6
Charter of the City of Rancho Palos Verdes
PREAMBLE
We the people of the City of Rancho Palos Verdes 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
Rancho Palos Verdes.
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 that may be lawfully adopted,made,exercised,taken or
enforced under the Constitution of the State of California,without limitation,except as
otherwise provided in Articles III,IV,V and VI of this Charter.
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 -Form of Government
Section 100.Council-Manager Form of Government.The municipal government
established by this Charter shall continue to be the form of government known as the
"Council-Manager"form of government,which means the City Council shall establish
the policies of the City,and the City Manager shall carry out those policies.
Article IV -Compensation and Expenses
Section 100.Councilmember Compensation.All of the members of the City Council,
including the Mayor,shall continue to receive as compensation for their services a
monthly salary in an amount established in accordance with,and limited by,the
provisions of law applicable to the salaries of City Council members in general law cities
as set forth in Section 36516 of the Government Code of the State of California or any
successor provision thereto.The City shall not provide any additional compensation for
attendance at other meetings of City or City-affiliated commissions,committees,
subcommittees,and boards of directors,including the Rancho Palos Verdes
Redevelopment Agency and the Rancho Palos Verdes Improvement Autho 't
RECEIVED FROM
AND MADE A PAR~,OFTH l'b..~J(/AT THE
COUNCIL MEETtNu OF_..:J._~-~--I
OFFICE OF THE CITY CLERK
CARLA MORREALE,CITY CLERK
Section 200.Councilmember Expenses.All of the members of the City Council,
including the Mayor,shall continue to be entitled to reimbursement for their actual and
necessary expenses incurred in the performance of their official duties as stated in,and
limited by,the provisions of law applicable to the reimbursement for expenses of City
Council members in general law cities as set forth in Sections 36514.5,53232.2 and
53232.3 of the Government Code of the State of California or any successor provisions
thereto.
Section 300.Staff Compensation.The compensation provided to City staff shall
continue to be approved in a transparent manner at duly noticed City Council meetings.
Article V -Gifts of Public Funds
Section 100.Gifts of Public Funds.The City shall comply with the laws of the State of
California that are applicable to general law cities with respect to the prohibition against
gifts of public funds.
Article VI -General Plan
Section 100.General Plan.The General Plan is the paramount City land use
document.The City shall be governed by State law as it applies to general law cities
with respect to the requirement that the zoning ordinance must be consistent with the
General Plan.
Article VII -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,except as otherwise provided in Articles III,IV,
V and VI of this Charter.
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 Rancho Palos Verdes,by a majority of the votes cast,
adopted this Charter of the City of Rancho Palos Verdes at the special municipal
election held on March 8,2011.The results of such election were certified by the City
Council of the City of Rancho Palos Verdes through adoption of its Resolution No.
OPINI'O<~
Palos Verdes Peninsula News
,RECEIVED FROM ZLlL{5fIf!@ l~D MADE A PART OF TH:-:E,9?R.D AT TH~
.COUNCll MEETING OF J:!!l..91JL
OFFiCE OF THE-CJo.\-Ty-J.,;CL:':"E-R-K--
11
CARLA MORREALE,CITY CLERK,(illL.o,YI!;t!l'-Hf
Thursday,January 27,2011 AS
From the.·News~ditoriaIStaff '
Charter process had a public forum
Palos Verdes
Peninsula News'
550 Deep Valley Drive,
Suite 2938
Rolling Hills Estates,CA 90274
(310)377-6877
www.pvn~ws.com
Office is open Monday through
Friday from 8:30 a.m.to 5 p.m.
Paul.Silva
General Mani;lger
psilva@tbrnews.com
ADVERTISINGSAI,..~S
Mike Bolio
Director of Advertising
(310)543-6121
mbolio@pvnews.com
Wendy Schatan,ext.222
Advertising Accounts
wschatan@pvnews.com
Michelle Bennett,
ext.224
Sales Assistant
mbennett@pvnews.com
CLASSIFIEDS,LEGALS
Carol Gerardi,ext.213
cgerardi@pvnews.com
EDITORIAL
Mary Scott,ext.216
Editor-in-Chief
Arts &Entertainment,Calendar,
City of Palos Verdes Estates,
Education,letters to the Editor,
Palos Verdes library District,
PVPUSD,Religion,Special
Buzz·around Rancll0~aIos Verdes'efforts to
charter is.getting l?:u:~&r,·%s Election Day draws
nearer.Th.,e New$·hasri't;determined a position'
regardinga'eh~er·city ......although last week's
cartpon{'rl,1a}f,haye givenfl,lat impression.
·:'1'Atl(~~e.stil1questiQ~s to be answered,and,
Qf~quis'e;we want to Weigh the pros and cons
Jits't·1lke.everyone .el&e:~;$qme of our neighbor
cities,-J:,Qng,Be~h"Redondo Be.a~h and
',To:n;ance""':have ~.artered and it,;W:olI1cLbe·,.i~t~l"¢~ting to see howit'sworked ou~fQr',·t1X~tU:
~,~~,\.lf1;l:lere is one thing that ."'i~are'eetta,m,the
'Gttr'Council's effort to put it'on,,the ballotdid
not come out of the blue.~1:;has not been
"rushed"or "sneaky:'The cq:riY~rsation.began
during a time when the state ':Was planning to
raid city bank accounts as a m~ans of balancing
its deficient budget.Measure P.
The charter proposal went througll,.the,pqblic,.'The charter up for vote is as is,and it's locked
review and hearing process,amf :was even !m'loplace for March 8.
amended multiple times in resP9nse to pub,pc It's now up to residents to decide its fate.Do
comment during that process.'F'\V()major afj:ti-you feel it's too broad and should include more '
cles were added to the charter heca1,1Se of public specific language?Or do you think it's fine as is?
concern..,"~Whatever'your answer,whatever your vote,
When the Bell sc.;~dalbroke,the@arter was please acknowledge that this process went
am~nded ·to include salary.limits for City through the proper channels.
Council members."
And,because there was concern that the city's Eor more information,the Palos Verdes League
general plan could be dis,r~~~ded,the charter ofWomen Voters will conduct an informational
no~,~~~~~;"~~e gener~,~t~2i,~~~~paraIl}g~~,",meetin8'a;bout therneasure on Wednesday,Feb.9
citt~~u~~i~oCJ;lInen~:t''?,:\':A},J,,:.,.;:~(i;~'.'at Fred/lI.~s~e~ar~in RPv.Representatives from
St~if~s,'ii1~o'~Ilye .apl1.~~tj~i110\11"news'pa~~r..b(1th.s~~;'~ilk~f~sent their views and residents
PerHIl~~:;~2ch~er iS~1,l~~~~oYe[sljado~~&f)r,\lfi!r~~'~;~~~i~ppqr~unity ~o their ask their own
the.aft€;p.tion:gwent9.~~qmountGoJ[eg',(Il".qJlestJ01!!sxgrn.~m~~hng begms at 7:30 p.m
-,~;-:,,;,,',-""-_:~~",~~,_~~~,::~::",;>'.,--',c-::;-/'~~:L?;~;;'':'~,:;~-';~::,~~,j~~.'~~~i'_:';>Y:~:-~
~"~'''''''''.----------,.
II
VOTE NO ON RPV MEASURE C
DID YOU KNOWthat the proposed Measure C charter would give
power to,just THREE members of the Council to:
•Enact all new election laws without voter approval,
including
A.dividing the city into voting districts,
B.establishing City registration requirements,
C.establishing new Council candidate qualifications
for office,and
D.increasing the number of signatures required for a
referendum,recall,or initiative to go on the ballot?
•Adopt an ordinance (subject to voter approval)to impose a
real property transfer tax ?
•Adopt ordinances imposing huge fines and penalties with
no maximums,since no maximums are included in the
proposed charter?
•Adopt ordinances more quickly with less voter awareness
and input?
A charter city has greater authority over the acquisition,use and
disposition of its public PARKLAND.
The proposed charter was constructed with virtually NO resident
input.It is a badly written charter designed to grab power!!
The adoption of a charter for RPV deserves more respect!
VOTE "NO"EASURE "C"
M
Paid for by NO on RPV Measure C,a committee against RPV Measure C.
For further information or if you have any questions please contact NoRPVC@gmail.com or visit
our website -www.norpvc.info •
RECEIVED FROM '
AND MADE A PART OF THE ,fjEC0ftD AT THE
COUNCIL MEETING OF ILd-.-1 II
OFFICE OF THE CITY CLERK
CARLA MORREALE,CITY CLERK
STOP THE POWER GRAB -VOTE NO ON RPV MEASURE C
Frequently Asked Questions
What are some of the risks associated with converting to a Charter City?
The risks of converting to a charter city have more to do with what is and is not in the
charter than with the decision to become a charter city.A charter city has much greater
local control over municipal affairs,but in whose hands will that greater local control
reside,the residents or the Council?
If a charter does not limit the power of the Council over municipal affairs,then the
Council's powers are extremely broad.The proposed Measure C charter gives broad
powers to the Council.
What are some of the risks of the proposed charter in Measure C?
The proposed charter allows the Council to,WITHOUT VOTER APPROVAL,adopt
ordinances that (i)establish 5 voting districts,subject to gerrymandering,leaving
residents entitled to only vote for one Council person from his district rather than for all
vacant seats city wide,(ii)change the qualifications of candidates for Council,and (iii)
increase the number of signatures required for an initiative,referendum or recall,
making it much more difficult for residents to exercise their constitutional rights to
oversee and challenge their elected officials.
How can those risks be reduced or eliminated?
If a charter is adopted that gives tremendous power to 3 people,as in Bell and Vernon,
the opportunity for abuse increases dramatically..
The way to both achieve the benefits of being a charter city without exposing the
residents to the risks of abuse is to craft a charter that limits the ability of the Council to
effect changes that are not wanted by residents.ALL of the benefits of the proposed
charter being dangled before you could be achieved with a better charter that provides
protections against abuse.
Why do the City's materials only talk about the advantages and disadvantages of
becoming a charter city without discussing the risks of the proposed charter?
RECEIVED FROM D AT THE
AND MADE A PART OF TH1rJ~%
COUNCIL MEETING OF,__-!-..-:..t.----,
OFFICE OF THE CITY CLERK
CARLA MORREALE,CITY CLERK
The question you are being asked to vote upon is really a two pronged question.The
first prong is whether you want to convert to a charter,for which a vigorous discussion
of the advantages and disadvantages of conversion is warranted.But the SECOND
prong of the question-is whether you want to adopt THIS SPECIFIC CHARTER,for
which a discussion about the risks and shortcomings of the proposed charter is
necessary.The City does not want to discuss the merits of the proposed charter
because it is a BAD charter that gives Council too much power!
Are there other disadvantages to becoming a Charter City than those that the Yes
on C folks are telling us about?
Absolutely.The State has a comprehensive set of laws that govern general law cities,
and there is an abundance of case law on the books that already interprets those laws.
When a new ordinance is passed,or originally drafted language is contained in a
charter,it opens a Pandora's box for potential litigation to determine what the language
means and how the laws work.The City of Irvine became a charter city and has
expended huge amounts of money in litigation costs associated with its charter's
language regarding its election processes.Further, the issue of what constitutes a
municipal affair (over which the City has control)or a matter of statewide concern (over
which state law controls)is the subject of much litigation.The City of Vista has
undoubtedly spent hundreds of thousands of dollars or more just litigating the one case
now before the California Supreme Court that will soon decide whether charter cities
have to pay prevailing wages for all public projects.We already pay over $1 million a
year in legal fees for our City Attorney.If the City becomes embroiled in more litigation
as a result of converting to charter,we will pay considerably more in legal expenses.
This will waste taxpayer money!
How much money could the City save if it becomes a charter city and does not
have to pay prevailing wages?
That question calls for a tremendous amount of speculation.First,many of the City's
future projects,especially costly ones,will be funded in whole or in part with state
and/or federal funds,which will require that prevailing wages be paid in any event.
Secondly,there is no guarantee that contractors submitting bids will actually bid at less
than prevailing wages,or if less,by significantly less.Third,there is a case (known as
the Vista case)now pending before the California Supreme Court that will,in the next
few months,decide whether charter cities have to pay prevailing wages on their public
works projects.So at best,we can only speculate on how much money,if any,the City
will save by converting.Note -the charter does not exempt us from paying prevailing
wages!Why not,if that is supposedly the primary reason for converting?
The City's materials say that adopting a Charter will not give any elected officials
more power.Is that true?
No,it is not true.The way the proposed charter is drafted the Council will have complete
control over municipal elections,greater power over the use and disposition of city
parks,the power to change how ordinances are adopted,making it more difficult for
residents to be aware of what is going on,the ability to seek voter approval of a real
property transfer tax on all real estate sales transactions within the City.A general law
city does not have these powers.
If the proposed Measure C Charter is adopted and Council commences passing
ordinances that residents do not approve,what recourse do the residents have?
The only way residents can prevent an ordinance from going into effect is to place a
referendum on a ballot.To do so under state law,signatures of 10 percent of registered
voters needs to be gathered on a petition within 30 days (for RPV approx.2,750
signatures).As the proposed Charter is now drafted,Council could pass an ordinance
increasing that percentage to 15%,20%or 25%,thus making it highly unlikely that a
successful challenge to a bad ordinance could ever be mounted by residents.
STOP THE POWER GRAB -VOTE NO ON MEASURE C ON MARCH 8th
FOR MORE UNBIASED INFORMATION about what a charter should contain,visit our
website at www.norpvc.info.
Paid for by No on RPV Measure C,a committee against RPV Measure C