G.9 - Charter and General Law CitiesCity of Grand Terrace
City Council
Charter vs. General Law Cities
Adrian R. Guerra, City Attorney
March 14, 2023
General Law Cities
General law cities derive their powers
from, and organize their governments
according to, acts of the legislature.
The fundamental law of these cities is
found in the Government Code which
enumerates their powers and specifies
their structure.
Charter Cities
Charter cities are formed when citizens
specifically frame and adopt a charter to
establish the organization and basic law of
the city.
Article XI, section 3(a) of the Calif.
Constitution authorizes the adoption of a
charter, which has the force and effect of
state law.
Difference between Charter and General
Law
BASIC DIFFERENCE: Degree of control that the
state government may exercise over cities.
Charter cities: More freedom to innovate and pass
ordinances on matters of “municipal affairs”
according to local need.
General law cities: More limited powers on
matters of “municipal affairs.”
However, difference may not be as
important
Because the legislature has tended to give
general law cities the same control over
internal matters that the constitution
grants to charter cities, the original
distinction between the two forms of city
authority has been somewhat blurred.
Ability to Govern Municipal Affairs
General Law
Bound by the state’s
general law,
regardless of whether
the subject concerns a
“municipal affair.”
Charter
“Home Rule”
provision grants
charter cities supreme
authority over
“municipal affairs.”
Cal. Const. art. XI, §
5(a).
What are “Municipal Affairs”?
Whether an activity is a municipal affair over
which charter cities have sovereignty or a
statewide concern over which the California
legislature has preemptive authority, is a
determination made on a case-by-case basis.
The following slides provide examples of
distinctions that have been established based
on statutes and case law.
Form of Government
General Law
State law authorizes:
Cities to be governed by a city
council of five members, a city clerk,
a city treasurer, a police chief, a fire
chief and any subordinate officers or
employees as required by law. G.C. §
36501.
Electors may adopt ordinance which
provides for a different number of
council members. G.C. §34871.
“City manager” form of government.
G.C. §34851.
Charter
Charter can provide for any form of
government including the “strong
mayor,” or “city manager” forms.
See Cal. Const. art. XI, §5(b); G.C. §
34450 et seq
Elections Generally
General Law
Municipal elections conducted in
accordance with the California
Elections Code. E.C. §§10101 et
seq.
Charter
Not bound by the California
Elections Code. May establish own
rules and procedures. See Cal.
Const. art. XI, §5(b); E.C. §§10101
et seq.
Compensation of City Officers and
Employees
General Law
Setting of City Council compensation is subject to state law.
Employee compensation subject to
labor negotiations per Meyers-Milias
Brown Act (G.C. §3500).
Charter
Charter cities retain authority to set City Council compensation. Const. art. XI, Section 5(b).
Charter cities generally retain
discretion to set employee
compensation. Sonoma County Org.
of Public Employees v. County of
Sonoma (1979) 23 Cal.3d 296.
Employee compensation subject to labor negotiations must still comply with Meyers-Milias Brown Act., G.C. §3500; see San Leandro P.O.A. v. City of San Leandro (1976) 55 Cal.App.3d 553.
Public Contracts
General Law
Competitive bidding required for
public works contracts over $5,000.
P.C.C §20162.
Such contracts must be awarded to
the lowest responsible bidder. P.C.C.
§20162.
If city elects to subject itself to
uniform construction cost accounting
procedures, less formal procedures
may be available for contracts less
than $100,000. P.C.C. §§22000,
22032.
Charter
Not required to comply with bidding
statutes provided the city charter or
a city ordinance exempts the city,
and the subject matter of the bid
constitutes a municipal affair. P.C.C
§1100.7; Howard Contracting, Inc. v.
G.A. MacDonald Constr. Co.(1998) 71
Cal. App. 4th 38.
Activities of Statewide Concern (not
deemed “municipal affairs”)
Traffic and Vehicle Regulation. V.C. §21
Licensing of Members of a Trade or Profession. City and County of San
Francisco v. Boss (1948) 83 Cal.App.2nd 445.
Open and Public Meetings law. Ralph M. Brown Act. G.C. §§54951-54953.
School systems. Whisman v. San Francisco Unified Sch. Dist.(1978) 86
Cal.App.3d 782.
State-wide shortage of sites for low-and moderate-income housing and the
regional spillover effect of insufficient housing was deemed an issue of
statewide concern and demonstrated “extramunicipal concerns” justifying
statewide application of Surplus Land Act's affordable housing priorities.
Anderson v. City of San Jose (2019) 42 Cal. App. 5th 683 (2019),review
denied (Mar. 11, 2020).
Drafting
Charter may be drafted by a charter commission (elected by voters), a
charter committee (appointed by City Council), or by the City Council.
If done by charter committee or City Council, then the City Council may
decide on whether to proceed by submitting the charter to the voters (please
note that all proposed charters must be submitted to voters).
A charter commission must complete its work on a proposed charter and
must submit the charter to the voters of the City within two years of the date
of the election of the charter commissioners pursuant to G.C. 34462.
Charter Commission
Either City Council can call for an election to form a charter commission or
one can be proposed by initiative of the voters. (G.C. §§34451 & 34452).
The initiative can only occur at a general election.
Once formed, the charter commission has 2 years to complete their work and,
at the end of that period, is abolished. (G.C. §34462).
Any proposal by the charter commission requires a majority of the signatures
of the commissioners (G.C. §34455)
Charter Committee
A charter committee appointed by City Council is a step that can be taken as
part of a City Council submitted charter.
This is similar to forming an ad hoc committee to advise the City Council on
City matters.
No fixed time.
When done, the proposed charter is submitted as a recommendation to the
City Council (which can be modified).
City Council then decides whether to proceed by submitting the proposed
charter to the voters (deciding not to proceed stops the process here).
City Council
City Council, itself, can submit a draft charter to the voters without a charter commission or
committee.
However, if City Council submits a draft charter to voters (this includes a recommended
charter from a charter committee), the following procedures must be followed prior to
submission for approval (G.C. §34458(b)):
At least two public hearings on the charter proposal and content of the proposed charter.
The public hearings notices must be published pursuant to G.C. §6066 in a designated
newspaper and circulated throughout the City, and by posting the notice in three public places
within the jurisdiction at least 21 calendar days prior to each public hearing date.
The 2nd public hearing must be held be held at least 30 days after the 1st public hearing.
At least one public hearing must be held outside of normal business hours to facilitate public
participation.
City council cannot conduct a vote on whether to approve the submission to the voters of the
proposal to adopt a charter until 21 days after the second public hearing.
When Submitted to Voters
A city charter proposed by the City Council on its own motion that qualifies
pursuant to E.C. §9255 must be submitted to the voters at the next
established statewide general election pursuant to E.C. §1200 occurring not
less than 88 days after the date of the order of election.
E.C. §1415.
A charter proposed by a charter commission, whether elected or appointed
by a governing body, for a city shall be submitted to the voters at an
established statewide general election pursuant to E.C. §1200, provided
there are at least 95 days before the election. A charter commission may
also submit a charter pursuant to G.C. §34455.
E.C. §9255.
Meet and Confer Requirements
Prior to the City Council submitting a charter to the voters, a determination
must be made as to whether any proposed element may affect wages, hours
or other terms and conditions of employment for employees in one or more
employee organizations.
If so, the City will be required to meet and confer in good faith, which means
that the City and recognized employee organizations have the obligation to
personally meet and confer promptly upon request by either party and
continue for a reasonable period to try and reach agreement on matters
within the scope of representation prior to proposing a charter. People ex rel.
Seal Beach Police Officers Assn. v. City of Seal Beach (1984) 36 Cal.3d 591.
CEQA
Where the City Council acts on its own to place a proposed charter on a
ballot, it is a project, and full compliance with CEQA will be required before
placing the matter on the ballot. Friends of Sierra Madre v. City of Sierra
Madre (2001) 25 Cal.4th 165, 191 (finding that initiatives placed on the ballot
by a city are subject to CEQA).
Questions or Comments?