FREQUENTLY ASKED QUESTIONS
PROPOSED CHARTER CITY MEASURE
Carlsbad is currently a General Law City. This means that in all matters — elections, contracting, passing laws and ordinances, the City strictly follows the laws of the State of California. If Carlsbad were to become a Charter City, the City Council could enact laws in certain areas that could offer the City more flexibility in contracting, purchasing and other issues that it believes will better serve and promote the health, safety and welfare of all the citizens
The Carlsbad City Council voted on February 5 to hold a special election on June 3, 2008 to ask voters whether or not it should become a Charter City. Below are several frequently asked questions on the topic. For more information, please call the City’s communications office at 760-4324-2957.
- Will the city charter change the City’s eminent domain powers?
- What is the difference between a general law city and a charter city?
- What is a city charter?
- Why did Carlsbad want to become a charter city?
- How will the charter help save the City money?
- Will the approved charter cost residents money?
- As a charter city, can the City impose new taxes without a vote?
- Will the charter affect the City’s current “Council-Manager” form of government?
- What other cities are charter cities?
Will the city charter change the City’s eminent domain powers?
No, the city charter will not change the current eminent domain powers of the City nor replace the property protection provision outlined in the 5th Amendment of the U.S. Constitution.
What is the difference between a general law city and a charter city?
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 adopted “charter” document. General law cities follow the laws set forth by the state 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.
Having a charter does not increase the City’s ability to raise or impose taxes. As mentioned, charter cities follow the laws of the state’s constitution, which includes constitutional amendments like Proposition 13 (cap on property taxes) and Proposition 218 (the right to vote on taxes).
What is a city charter?
A city charter is a unique document that acts like a constitution for the city adopting it. It can be adopted, amended or repealed only 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.
Why did Carlsbad want to become a charter city?
The Council believes that local residents should have control over as many issues as possible without being beholden to legislators in Sacramento.
How will the charter help save the City money?
Charter cities have greater flexibility when it comes to contracting and purchasing of many items and projects. This process mandated by the state can be expensive and can delay projects from moving forward. The longer it takes for projects to move forward, the more expensive projects typically get because of rising costs for supplies.
Will the approved charter cost residents money?
Changing to a charter city will not cost residents more money, and there are no additional taxes involved or ability to raise taxes.
As a charter city, can the City impose new taxes without a vote?
The Carlsbad charter fully preserves Proposition 218, including the requirement that taxes may not be imposed or increased without voter approval, and that fees may not be charged to the public that exceed the cost of providing a service.
Will the charter affect the City’s current “Council-Manager” form of government?
While some charter cities have what’s known as a “Strong Mayor” form of government, the Carlsbad charter calls to preserve the City’s current form of government, which is known as the “Council-Manager” form.
What other cities are charter cities?
Of the 478 cities listed with the League of California Cities, 109 of them are charter cities. In San Diego County, current charter cities include Chula Vista (incorporated 1911, chartered 1949); Del Mar (incorporated 1959, chartered 1960); San Diego (incorporated 1850, chartered 1931); San Marcos (incorporated 1963, chartered 1994); and Vista (incorporated 1963, chartered 2007).
Click here for a complete list of charter cities in California.
Charter buttons
Approved Charter City Measure
The California Secretary of State officially approved the Carlsbad’s City charter on July 21, 2008.
Residents voted to approve the Carlsbad’s Charter City Measure, Proposition D, by an overwhelming 82 percent at the June 3 Primary Election. The charter will go into effect once it is filed with the California Secretary of State.
The Charter:
- Grants the maximum power of “home rule” for local authority over local issues
- Reaffirms the principles of Growth Management as outlined in the Growth Management Proposition E, passed by Carlsbad voters in 1986
- Retains the maximum flexibility for the City Council allowable under law to pass laws to benefit Carlsbad residents
- Results in no additional government costs, and the charter does not enhance the city’s authority to impose or raise taxes
In February 2008, the Carlsbad City Council unanimously agreed to put the charter city question on the June 3 ballot, following a series of public workshops and more than six months of study. The proposed charter reaffirms the principles of growth management as outlined in Proposition E, approved by voters in 1986.
Currently, five cities in San Diego County have adopted their own charters: San Diego, Vista, Del Mar, Chula Vista and San Marcos.
Watch a video on the proposed City Charter
More information on Charter Cities
Chart General law v. Charter City (PDF)
Source: California League of Cities