A stretch of the Sausalito waterfront is seen on a cloudy day in Sausalito, Calif. on Wednesday, March 10, 2021. (Sherry LaVars/Marin Independent Journal)
By Krissy Waite | kwaite@marinij.com
July 24, 2024
https://www.marinij.com/2024/07/24/sausalito-creates-charter-city-subcommittee
Sausalito is toying with the idea of becoming a charter city.
The city is currently a general law city, which requires it to follow the governance rules set by California Constitution and the California Legislature. Charter cities give greater local control and flexibility to cities, and potentially open up revenue sources.
The City Council discussed the possibility and created a subcommittee for the topic at its July 16 meeting.
“I think that we are at a good time to consider this matter,” Vice Mayor Joan Cox said. “I think that we are uniquely qualified to author a charter that will well suit Sausalito’s needs not just today but moving into the future.”
Charter cities have a charter that acts like a local constitution, allowing local governments to develop their own rules regarding municipal affairs. Charter cities can override state-level conflicting laws as long as the city municipal laws do not go against any federal laws. A charter can only be passed, amended or repealed by a majority vote of the residents.
One challenge to getting a charter city measure on the ballot is the two-year timeline it requires. Either residents can gather signatures needed to put an initiative on the ballet, or the City Council can vote to create a charter commission that would draft the charter. State law requires two public hearings before it can go on a ballot.Read More
City Attorney Sergio Rudin said because of the time constraints, it is unlikely that a charter measure would go on the ballot this election cycle. The next election is November 2026.
“The timeframe to prepare a charter and to adopt it requires significant public input and work,” Rudin said.
“Additionally, there are a number of questions in terms of what kind of charter government the city may want to try to go down the path of forming.”
Rudin said the city will have to decide what kind of powers it would want to give the city manager, and whether it would grant more power to the mayor or the City Council. He said San Rafael is the only other charter city in Marin County.
There are some limits to a charter city’s authority. These cities still have to comply with state laws that are found to be a statewide concern by courts. For example, courts are leaning toward considering housing laws a statewide concern, according to Rudin. Charter cities must comply with the Brown Act, the Political Reform Act and the California Public Records Act.
City Manager Chris Zapata said there are some financial benefits to becoming a charter city. He said certain taxes, such as the property transfer tax, are capped by state law as a general law city.
“That cap not applying to charter cities, that’s an actual revenue opportunity that was taken advantage of in San Leandro,” Zapata said.
He added that charter cities can issue different types of bidding for various projects, which opens up cost savings.
Ruden said the cost to create a charter would be around $5,000 to $10,000 to cover staff time and a legal review. The cost to have a measure on a ballot is usually under $30,000, he said.
Steven Woodside of Sausalito said he supported exploring the possibility of becoming a charter city because there are few downsides and great advantages. He said he does not worry that becoming a charter city will change council elections or processes.
“I think it gives, on occasion, charter cities the upper hand on issues it really, really cares about,” Woodside said. “I do think this is a topic that’s worth taking seriously. Personally, I think there’s a great advantage in local government.”
Sandra Bushmaker of Sausalito said she was cautious of the idea, and said she needed a clearer statement from the City Council about why they felt the city structure should change, as well as the advantages and disadvantages.
“Is our general law city broken? I’m not sure that it is,” Bushmaker said. “I would like the council to explain why we are dealing with this at this time in Sausalito, and in light of the costs of the endeavor, when we have a budget deficit, I really want a strong justification moving forward.”
Councilmember Janelle Kellman said she is interested in exploring the idea of becoming a charter city.
“I do think the community should be aware, as we face a changing economic climate, a changing regulatory climate, we have tools at our disposal and this may be one of them,” Kellman said.
Cox, along with Councilmember Jill Hoffman, will serve on the subcommittee.