Mayor's View: Charter City for El Cerrito?

By Bill Jones

On November 7, 2011, the El Cerrito City Council voted to begin an involved public evaluation process to study the issue of El Cerrito becoming a charter city. The process will include the appointment of a resident Charter Committee that
will conduct public input sessions, study and analyze the pros and cons of the issue and report to the City Council with a possible recommendation on whether to put the issue on the November 2014 ballot for voter consideration. El Cerrito residents can become a charter city with a majority vote of approval.

So, what is a charter city and what are the advantages to the residents and the business community?

El Cerrito is now a general law city, as defined by the state constitution and legislative law, and bound by the state’s general city laws, as established by the state Legislature with respect to “municipal affairs.”

The state constitution allows charter cities to govern their own municipal affairs under the constitution’s “home rule” provision and is based on the principle that a city and its residents are in the best position to know what they need and how to manage and deliver those needs. Home rule allows charter cities to establish their own unique document, a city charter (effectively a city’s constitution). To the extent the state constitution allows, the residents of El Cerrito, not the state Legislature, will determine its laws and procedures. Charter city status for El Cerrito would provide the flexibility of home rule to guide the city’s future.

Charter cities may decide such basic functions as the form of government, election procedures, and the criteria and qualifications required for City Council members. In additions, such complex and involved issues such as taxation, land use powers and public contracts can fall under the purview of charter cities. However, state laws may put limits on provisions and control of these and other issues. For example, a vote of the people is required to approve property and other taxes in all California cities.

The business community may benefit from a charter city form of government in several direct and indirect ways. Flexibility in the formation and approval of rules, regulations, local codes and zoning requirements and issues can be specifically developed according to the desires and needs of the residents and local businesses in El Cerrito. This can provide an atmosphere of cooperation and streamlining of procedures that will expedite the development process and aid businesses owners.

Charter cities have the power by ordinance to create their own business improvement districts to fund activities and improvements that provide direct benefit to local businesses. For example, these districts can fund improvement programs such as façade renovation, seismic construction, expanded security and other business related projects. However, assessments for such pro- grams must be implemented in accor- dance to state propositions 218 and 26.

In my view, El Cerrito has had a long history of dedicated residents serve on the City Council and the various commissions, boards and committees that make up our governance and business systems. El Cerrito residents have shown that we are fully capable of governing the city with integrity and commitment in an honest and forthright manner. We should be able to operate our city to the fullest extent allowed by state law to the benefit of our residents and businesses. Being a charter city will allow the type of flexibility necessary to continue to go forward in a manner determined by and for the community and businesses of El Cerrito.

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Should you desire more information on charter cities and/or the City Council’s decision to study the issue of charter city status for El Cerrito, please reference the following:

• League of California Cities at www.cacities.org
• El Cerrito City Council agenda for the November 7, 2011 meeting at www.el-cerrito.org (click on City Council, agenda and minutes)

This column by El Cerrito Mayor Bill Jones originally appeared in the December 2011 issue of Byline, the monthly newletter of the El Cerrito Chamber of Commerce.