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R 4604RESOLUTION NO. 4604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY A MEASURE RELATING TO THE ADOPTION OF A CITY CHARTER AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, AS CALLED BY RESOLUTION NO. 4596 WHEREAS, a General Municipal Election on November 4, 2014 has been called by Resolution No.4596 adopted on June 10, 2014; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the adoption of a City Charter. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande does resolve, declare, determine, and order as follows: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: OF ARROYO GRANDE MEASURE C -14 Yes Shall the charter be adopted making the City of Arroyo Grande a charter city so that the laws of the City of No Arroyo Grande shall prevail over state law with respect to the management of municipal affairs? SECTION 2. That the full text of the proposed Charter to be submitted to the voters is attached hereto as Exhibit A. SECTION 4. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by State law for holding municipal elections. SECTION 5. That notice of the time and place of holding'the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. On motion of Council Member Costello, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Member Costello, Brown, Barneich, Guthrie, and Mayor Ferrara NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 24th day of June 2014. RESOLUTION NO. y(p o PAGE 2 ors TONY F MAYOR ATTEST: !�/ APPROVED AS TO CONTENT: c STEVEIlADAMS, CITY MANAGER APPROVED AS TO FORM: TI OTHY J. tARMEL, CITY ATTORNEY EXHIBIT A CHARTER OF THE CITY OF ARROYO GRANDE 10- A 11 [a] 4=1AdiR1.1 Is] 1J_1W_1;I7_ll:i -] ARTICLE II. FORM OF GOVERNMENT ARTICLE III. CONTRACTS, PUBLIC FINANCING AND FRANCHISES ARTICLE IV. REVENUE RETENTION ARTICLE V. GENERAL LAWS ARTICLE VI. INTERPRETATION PREAMBLE WE THE PEOPLE of the City of Arroyo Grande declare our intent to restore our community to 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 and better preserve its small town character and agricultural heritage, 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 Arroyo Grande. ARTICLE I. MUNICIPAL AFFAIRS 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. Without limiting in any manner the foregoing power and authority, each of the powers, rights, and responsibilities described in this Charter is hereby declared to be a municipal affair, the performance of which is unique to the benefit and welfare of the citizens of the City of Arroyo Grande. Section 101. Incorporation and Succession. The City of Arroyo Grande, in the County of San Luis Obispo, State of California, shall continue to be a municipal corporation under its present name City of Arroyo Grande. The boundaries of the City of Arroyo Grande shall continue as now established until changed in the manner authorized by law. The City of Arroyo Grande shall remain vested with and shall continue to own, have, possess, control and enjoy all property, rights of property and rights of action of every nature and description owned, had, possessed, controlled or enjoyed by it at the time this Charter takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the municipality at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 102. No Increased Power to Tax. This Charter shall not be interpreted as giving the City greater authority to raise the level of taxes or to create new taxes beyond the powers granted to general law cities nor to exempt the City from any procedures for raising the level of taxes or for creating new taxes required by the law applicable to general law cities. Section 103. Zoning and General Plan Consistency. Zoning shall continue to be to be consistent with the City's General Plan, pursuant to requirements of the State law applicable to general law cities. ARTICLE II. FORM OF GOVERNMENT Section 200. Form of Government. The City shall continue to be governed under this Charter by a "Council- Manager" form of government. The City Council will establish the policy of the City and the City Manager will carry out that policy. Section 201. Elected Officials. The elective officers of the City of Arroyo Grande shall be a Mayor and four Council members each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council. The minimum qualifications for these offices shall be as provided by law for general law cities and any vacancy in office shall be filled in the manner provided by that law. The Mayor shall be elected at the general municipal election from the City at large. The Council members shall be elected at the general municipal election from the City at large, two being selected biennially. The term of the Mayor shall be two years and the terms of the Council members shall be four years. Section 203. Mayor. Powers and Duties. The Mayor shall preside at all meetings of the City Council. As presiding officer of the Council the Mayor will faithfully communicate the will of the Council majority to the administrative officers in matters of policy. The Mayor shall be recognized as the official head of the City for all ceremonial purposes. Section 204. Council Member Compensation. The salary of the Mayor and Council Members shall continue to be set pursuant to the State law applicable to general law cities. Section 205. Elections. The City Council may approve by ordinance use of a mail -in ballot or other electronic voting systems for special elections, except that this Charter shall only be amended by a vote of the people at a Statewide General Election. All elections shall be held in accordance with all other provisions of the law applicable to general law cities. ARTICLE III. CONTRACTS, PUBLIC FINANCING AND FRANCHISES Section 300. Economic and Community Development. The City shall encourage, support, and promote economic and community development and preserve and enhance the small -town and historic character of Arroyo Grande. Section 301. Public Works Contracts. The City shall follow the provisions of the California Public Contract Code and its standards, procedures, rules or regulations relating to the bidding, award and performance of any public works contract, except that the City shall have the power to establish by ordinance alternative standards, procedures, rules or regulations for public projects in the following areas: (i) The City Council may, by ordinance, establish criteria for determining the award of public works contracts to the lowest responsible and most reliable bidder on any project, as well as other aspects of bidding, award and performance of any public works contract that it deems to be in the best interests of the City. (ii) The City shall have the power to accept gifts and donations, including donations of material and labor, in the construction of any public works project. (iii) The City shall have the power to perform any work of improvement by use of its own forces and is not required to contract for the construction of works of public improvement. (iv) The City may also contract with other public agencies for the construction of works of public improvement Section 302. Prevailing Wage. The City Council shall establish by Ordinance criteria and guidelines for determining when payment of prevailing wages will apply to any contract. Prevailing wages shall also apply if: (i) the prevailing wage is legally required, and constitutionally permitted, to be imposed; (ii) required by Federal or State grants pursuant to Federal or State law; (iii) the City Council does not consider the project to be a municipal affair. Section 303. Purchasing. The City shall have the power to establish standards, procedures, rules or regulations related to the purchasing of goods, property, or services, including, but not limited to, the establishment of local preferences. Section 304. Public Financing. The City shall have the power to establish standards, procedures, rules or regulations related to any public financing. Section 305. Utility Franchises. The City shall have the power to adopt any ordinance providing for the acquisition, development, or operation by the City of any utility, or to adopt any ordinance providing for the granting of a franchise to any utility not owned by the City which proposes to use or is using City streets, highways or other rights -of -way. Section 306. Supporting Volunteers in Arroyo Grande The City seeks to support volunteers in creating a higher quality of life for Arroyo Grande citizens and declares itself exempt from any State laws or regulations that would make it more difficult or expensive for volunteers in any community project, whether funded with City revenues or not. Section 307. Section 302 and Labor Code Section 1782 Neither Section 302, nor any subsequently adopted ordinance, shall be interpreted or applied in any manner that would authorize any contractor to avoid compliance with the requirements of Article 2 of Chapter 1 of Part 7 of the California Labor Code, commencing with Section 1770, relating to the payment of prevailing wages on public works projects. Section 302 shall only be operative during such time that a court of competent jurisdiction enjoins the operation of Labor Code Section 1782 (Chapter 794, Statutes of 2013, also referred to as S67), or a final decision has been rendered by a court of competent jurisdiction that Labor Code Section 1782 is invalid and unenforceable. After such a final decision has been rendered invalidating Labor Code 1782, this Section 307 shall no longer be operative and may be deleted from this Charter. ARTICLE IV. REVENUE RETENTION Section 400. Reductions Prohibited. Any revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. Section 401. Mandates Limited. No person, whether elected or appointed, acting on behalf of the City, shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority. ARTICLE V. GENERAL LAWS Section 500. 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 VI. INTERPRETATION Section 600. Construction and Interpretation. The language contained in this Charter is intended to be permissive rather than conclusive 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 601. 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. ARTICLE VII. AMENDMENTS Section 700. Amendments. Any proposal for the amendment, revision, or repeal of this Charter or any portion thereof may be proposed by majority vote of the City Council or by initiative by the People of the City of Arroyo Grande. No such proposal shall be effective until approved by a majority vote of the voters voting at an election on the question and until filed with the Secretary of State of the State of California. In the event of any conflict between this section and Article XI, § 3 of the California Constitution, as may be amended, the latter shall govern. Authentication And Certification Authenticated and certified to be a true copy by Mayor and City Clerk Date of Municipal Election: ATTEST: Mayor City Clerk OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4604 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 24th day of June, 2014. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of June, 2014. KELLY ET RE, CITY CLERK