REPORT TO THE CITY COUNCIL
August 9, 2018
FROM: Council President Esmerelda Soria
SUBJECT
Title
***RESOLUTION - Submitting to City Electors a proposal to amend the Charter to modify or eliminate provision that are contrary to and preempted by state or federal law and providing for the placement of the measure on the November 6, 2018, General Election ballot. (Subject to Mayor’s Veto.)
Body
RECOMMENDATION
It is recommended that the Council approve a resolution submitting to the City electors a Charter Amendment to modify or eliminate provisions that are unconstitutional or preempted by state law for the November 6, 2018 ballot.
EXECUTIVE SUMMARY
Several City Charter provisions are currently unenforceable or preempted by state law and it is recommended that they be modified or eliminated as follows in order for the Charter to be legally compliant, enforceable and an accurate representation of existing law:
(1) §309, prohibiting “off-year” campaign contributions-removed as unconstitutional.
(2) §701’s residency requirement for the City Manager-removed as unconstitutional.
(3) §1225, prohibiting residential water meters-removed as preempted by state and federal law.
(4) §1207, requiring the City Council to raise taxes to balance the budget-amended and made subject to the Proposition 218 requirement for voter approval of taxes.
BACKGROUND
As city governed by a charter pursuant to California Government Code Section 34100 (and following code sections), the City of Fresno is afforded a certain degree of flexibility and independence in the administration of its government and laws that is unavailable to non-charter or “general law” cities. This independence is reflected in the City Charter, which is a unique document to Fresno, and represents its supreme authority over “municipal affairs”. (Cal. Const. art. XI, § 5(b).) However, court decisions and state laws can take precedence over the City’s Charter, rendering sections of it unenforceable as unconstitutional or preempted. Thus, in order for the Charter to remain a legally-enforceable document that can be relied upon as an accurate reflection of laws applicable to the City, it is useful and necessary to update the Charter to reflect such court and legislative decisions. Therefore, the following sections should be modified or eliminated as indicated to make the Charter legally compliant and accurate:
(1) §309, prohibiting “off-year” campaign contributions-removed as unconstitutional.
(2) §701’s residency requirement for the City Manager-removed as unconstitutional.
(3) §1225, prohibiting residential water meters-removed as preempted by state and federal law.
(4) §1207, requiring the City Council to raise taxes to balance the budget-amended and made subject to the Proposition 218 requirement for voter approval of taxes.
Charter amendments require a majority vote of the City electorate. If the resolution before the Council is approved today, the Charter Cleanup Amendment Ballot Measure will be submitted to voters for the November 6, 2018 general election.
ENVIRONMENTAL FINDINGS
N/A
LOCAL PREFERENCE
N/A
FISCAL IMPACT
The Charter Amendment will have a minimal one time fiscal impact estimated by the City Clerk at less than $5,000.
Attachment: RESOLUTION - Charter Cleanup Ballot Resolution