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LWV League of Women Voters of California Education Fund
Smart Voter
San Diego County, CA November 4, 2008 Election
Proposition P
City Charter Adoption
City of Santee

Majority Approval Required

Pass: 14465 / 69.42% Yes votes ...... 6371 / 30.58% No votes

See Also: Index of all Propositions

Results as of Jan 24 10:40am
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

Shall the proposed City Charter of the City of Santee be adopted?

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote on Proposition P means that you want the proposed city charter to be adopted.

A NO vote on this measure means:
A "no" vote on Proposition P means that you do not want the proposed city charter to be adopted.

Impartial Analysis from the City Attorney
Proposition P asks whether the voters of Santee wish to adopt a city charter. A city charter serves as the local constitution for a city and authorizes a city to control its municipal affairs. The courts ultimately decide what constitutes a municipal affair, but municipal affairs currently include, among other things, election procedures, land use and zoning, city council voting procedures, bidding and contracting procedures and regulation of parks.

California law recognizes two types of cities--general law cities and charter cities. General law cities may only exercise the powers provided by the general laws of the State. In contrast, charter cities derive their powers directly from the California Constitution and are authorized to control their municipal affairs in unique ways, as provided in their individual city charters and implementing laws. All California cities, whether general law or charter, must comply with Federal and State Constitutional requirements and applicable Federal laws. General law cities must comply with all State laws. Charter cities must comply with all State laws on matters of statewide importance but not on matters related to municipal affairs.

The City of Santee is currently a general law city. Adoption of Proposition P will change the City of Santee from a general law city to a charter city.

The city charter proposed by Proposition P provides the City with full power to regulate its municipal affairs, subject only to the limitations provided in the city charter, the Constitution of the State and the laws of the United States. The city charter does not propose any change in the existing structure of City government. Any future changes would be made by ordinances and resolutions adopted by the Santee City Council.

The proposed charter includes four express limitations on the City's power to regulate municipal affairs. First, the charter prohibits the City from publicly financing local elections. Second, the charter prohibits the City from making gifts of public funds. Third, the charter requires that the City follow the prevailing wage laws of the State regarding public works projects, but allows the City Council to increase or decrease, by a resolution or ordinance adopted by a four-fifths vote, the thresholds which trigger the payment of prevailing wages on public works projects. Fourth, the charter prevents the City Council from adjusting the salary and benefits of the Mayor or the City Council in a manner not otherwise expressly authorized by State law, unless and until it establishes a Salary Setting Advisory Committee and receives a recommendation from that Committee.

A charter may only be adopted or amended by a ballot Proposition passed by a majority of the voters of the City voting on the question.

  Local News and Analysis

ABC 10 News San Diego

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Arguments For Proposition P Arguments Against Proposition P
The best future for Santee requires an effective government that represents the values of the community. A city charter offers us that better future. Vote YES on Proposition P for a better Santee.

The Santee City Council recently voted to support becoming a charter city to give Santee more authority over municipal affairs and better protection from intrusive state legislation, including unfunded state mandates. In approving Proposition P, Santee citizens would reinforce their belief that a government based on the concept of local control and home rule is the most effective way to operate.

A charter city derives its powers from the State Constitution, not the general laws of the state legislature. If Proposition P is approved, Santee would be able to create laws and regulations that better reflect our community and would not be subject to powerful special interest groups at the state level. By approving Proposition P, the citizens of Santee can reaffirm the City's strong local governance.

Charter cities have increased flexibility and discretion in their decision making. This flexibility can translate into a reduction of bureaucratic red tape and improvements in the City's delivery of service. If approved, possible changes in the way the City contracts for goods and services could result in substantial savings, both in time and money. In a world where financial resources are limited, it is important to consider every opportunity to save taxpayer money.

Changing to a charter city will not cost residents more money. There are no additional taxes involved with making this change.

Santee has a bright future. By voting for Santee to become a charter city, it could be even brighter. On November 4, 2008, we strongly encourage you to VOTE YES on Proposition P.

RANDY VOEPEL
Mayor

BRIAN W. JONES
Council Member

MARILYNN LINN
Retired Local Govt. City Clerk/Santee Resident

JOHN W. MINTO
Council Member

ROB McNELIS
Santee Business Owner/V.P. Santee Chamber of Commerce/City Resident

No argument against the proposition was filed

in the office of the City Clerk.

Full Text of Proposition P

CHARTER OF THE CITY OF SANTEE

PREAMBLE

We, the people of the City of Santee, intend to preserve in our community the fundamental principles of local self-governance inherent in the doctrine of home-rule. We firmly believe that local government best represents the needs of our community, and that an independent local government will best serve and promote the health, safety and welfare of the citizens of Santee. Therefore, we wish to exercise the express right granted by the Constitution of the State of California and ordain and establish this Charter for the City of Santee.

CHARTER

ARTICLE I
MUNICIPAL AFFAIRS

Section 100. Powers of the City

The City shall have full power and authority to adopt, make, exercise and enforce all legislation, laws and regulations with respect to municipal affairs, subject only to the limitations and restrictions as may be provided in this Charter, in the Constitution of the State of California and in the laws of the United States.

Section 101. Municipal Affairs

Each of the matters set forth in this Charter are declared to be municipal affairs, consistent with the laws of the State of California. The implementation of each matter uniquely benefits the citizens of the City of Santee and addresses peculiarly local concerns within the City of Santee. The municipal affairs set forth in this Charter are not intended to be an exclusive list of municipal affairs over which the City Council may govern, and the City Council may, by ordinance or resolution, regulate other municipal affairs as it may from time to time deem necessary.

Section 102. Incorporation and Succession

The City shall continue to be a municipal corporation known as the City of Santee. The boundaries of the City of Santee shall continue as now established, until changed in the manner authorized by law. The City shall remain vested with and shall continue to own, have, possess, control and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled or enjoyed by it at the time this Charter is legally established. The City shall be subject to all debts, obligations and liabilities of the City of Santee existing at the time this Charter is legally established. All lawful ordinances, resolutions, rules and regulations, or portions thereof, existing at the time this Charter is legally established and not in conflict with or inconsistent with this Charter shall continue in full force and effect until they have been repealed, amended, changed or superseded by proper lawful action.

ARTICLE II
FORM OF GOVERNMENT

Section 200. Form of Government

The form of municipal government established by this Charter shall be known as the "Council-Manager" form of government. The City Council shall establish the policy of the City and the City Manager shall carry out that policy.

ARTICLE III
FISCAL MATTERS

Section 300. No Public Financing of Election Campaigns

The City shall not provide for the financing, with public funds, of any election campaigns for any elected offices within the City.

Section 301. No Gifts of Public Funds

The City shall not make a gift of public funds in a manner inconsistent with the provisions of the Constitution of the State of California and the laws of the State of California as applicable to general law cities in the State of California.

Section 302. Prevailing Wages

The City shall require the payment of prevailing wages on City public works projects in the same manner as is required of general law cities in the State of California; provided, however, that the City Council may, by a resolution or ordinance adopted by a four-fifths (4/5) vote of the City Council, increase or decrease the minimum thresholds which trigger the requirement to pay prevailing wages for individual projects, categories of projects or all City public works projects.

ARTICLE IV
COMMITTEES

Section 400. Salary Setting Advisory Committee

The City Council shall, from time to time, establish a Salary Setting Advisory Committee to make recommendations regarding the appropriate level of salary and benefits for the Mayor and the City Council. The City Council may establish the appropriate composition, membership and procedures for the Salary Setting Advisory Committee. The City Council shall not adjust the salary and benefits of the Mayor or the City Council in a manner not otherwise expressly authorized by the laws of the State of California applicable to general law cities unless and until it establishes the Salary Setting Advisory Committee and receives a recommendation from the Committee.

ARTICLE V
REVENUE RETENTION

Section 500. Reductions Prohibited

Revenues owing to, raised by 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. Such revenues shall be subject to appropriation solely by the City Council.

Section 501. Mandates Limited

No person, whether elected or appointed, acting on behalf of the City, shall be required to implement or give effect to 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 such other level of government.

ARTICLE VI
GENERAL LAWS

Section 600. General Law Powers

In addition to the powers 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 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 VII
INTERPRETATION

Section 700. Construction and Interpretation

The language contained in this Charter is intended to be permissive rather than exclusive 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 701. 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 continue in full force and effect to the fullest extent permitted by law.

ARTICLE VIII
AMENDMENT

Section 800. Amendment, Revision or Repeal

This Charter, or any of its provisions, may be amended by a majority vote of the electors voting on the question. Amendment, revision or repeal of this Charter, or any of its provisions, may be proposed by initiative or by the City Council.


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