Construction Industry Force Account Council

Promoting Transparency Through Public Agency Compliance

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November 3, 2026 · California General Election

Vote No

Five cities. Five ballot measures. One pattern.

Each of these measures gives government too much authority while weakening competitive bidding, taxpayer protections, and public accountability.
5
measures on the ballot
2
cities seeking charter status
1
city seeking to enter the marketplace

What connects them

These five measures are not five versions of the same story.

They fall into three distinct categories. Seen together, they describe a pattern: voters are asked to grant sweeping authority over public contracting before the rules governing that authority are written.

Category 01

Giving blank-check authority

Contracting Rules

Becoming a charter city

A general law city asks voters to adopt a charter — a local constitution. Both proposed charters grant broad authority over public works contracting while setting no bidding thresholds, no advertising requirements, no lowest-bidder standard, and no bid-protest procedures. Those rules would be written later, by the same council receiving the authority.
McFarland · Orange

Category 02

Stripping out today’s protections

Weakening existing safeguards

Cities that are already charter cities ask voters to remove protections their charters currently contain — raising the threshold at which competitive bidding is required, or removing limits on assigning public works to city crews instead of competitively bidding them.

Santa Clara · Porterville
Contracting Rules

Category 03

Cutting voters out of the loop

Entering the marketplace

A city asks voters to remove the charter provision that currently requires voter approval before the city may operate a commercial enterprise — clearing the way to manufacture and sell construction materials in competition with private suppliers.
Los Angeles
Commercial Enterprise

Background

What a city charter actually does

California cities operate under one of two forms of government. A general law city derives its authority from state law and must govern consistently with the California Constitution and state statutes. A charter city operates under a locally adopted charter granting greater authority over matters considered strictly local — “municipal affairs.”

In many respects a charter functions as a local constitution. It can determine how officials are elected, how authority is divided, and how municipal contracts are awarded. This authority is significant — but it is not unlimited.

For public contracting, Public Contract Code section 1100.7 generally provides that the Code applies to charter cities unless an express charter exemption or conflicting provision exists. A city’s charter status does not automatically exempt it from state contracting law. The actual language adopted by the city is what matters.

The five measures

City by city

Category 01

Becoming a charter city

Two general law cities are asking voters to adopt a charter for the first time — granting broad contracting authority before any of the rules governing it have been written.
City of McFarland logo highlighting tradition, unity, and excellence, associated with CIFAC's Vote No 2026 Campaign on Public Contract Code compliance.

Measure N · Kern County

McFarland

Proposed City Charter · General law → charter city

CIFAC
Opposes

CIFAC ballot argument filed

A yes vote would

Adopt a City Charter granting McFarland broad authority over public contracting, public finance, elections, taxation, prevailing wage, land use, and governance.

Why CIFAC opposes it

Voters should not approve a broadly written local constitution first and learn the actual contracting rules later.

Vote NO on Measure N, the proposed McFarland City Charter.

The ballot question describes this sweeping change simply as providing “local control.” But becoming a charter city would give the City Council broad new authority over elections, public contracting, public finance, taxation, prevailing wages, land use, and City governance.

The proposed Charter repeatedly uses vague, open-ended language such as “all powers allowable,” “including but not limited to,” and “any and all rights, powers and privileges.” It further provides that the Charter should be interpreted broadly in favor of expanding the City’s authority. That is not meaningful accountability. It is a transfer of power without clearly defined limits.

Local control must still include checks and balances. Voters should not approve a broadly written local constitution first and learn the actual rules later. Demand clear contracting requirements, enforceable ethical safeguards, independent oversight, and meaningful taxpayer protections before granting these sweeping powers.

Protect transparency. Protect competitive bidding. Protect taxpayer dollars.

The argument in favor of Measure N was submitted by members of the McFarland City Council — Mayor Saul Ayon, Vice Mayor Ricardo Cano, and Jim White — with the City’s Economic Development Manager listed as contact. The same staff authored the reports advancing the charter proposal.
Orange County seal highlighting CIFAC's advocacy for compliance with the Public Contract Code, part of the Vote No 2026 Campaign.

Measure K · Orange County

Orange

Simple Home Rule Charter · General law → charter city

CIFAC
Opposes

A separate argument was filed by residents

A yes vote would

Adopt a Home Rule Charter establishing Orange as a charter city, with full authority over municipal contracting and procurement.

Why CIFAC opposes it

Voters should not grant a City the authority to waive its own contracting rules before those rules have been written.

A separate term-limit argument

The proposed term limits would apply only after the Charter takes effect, so prior service would not count. A separate argument against the measure was filed with the City Clerk by a coalition of Orange residents, including a former Mayor. It makes a different case — that this would reset and extend sitting Council members’ terms, noting that 82% of Orange voters approved the current limits. CIFAC is not a party to that argument. Our objection is to the contracting authority the Charter grants, described above.
Section 600. Procurement and Contracting. “The City shall have full authority over municipal contracting procedures, public works procurement, bidding thresholds, design-build authority, best-value procurement, alternative project delivery methods, professional services selection, and all other contracting methods allowed to Charter Cities under the California Constitution, including authority to establish exemptions from state public contracting statutes where permitted to charter cities. Such procedures may be established, modified, or waived by ordinance or resolution of the City Council where permitted by law.”

Category 02

Weakening existing safeguards

Two cities that are already charter cities are asking voters to remove competitive-bidding protections their charters contain today.
City of Santa Clara seal featured in CIFAC's Vote No 2026 Campaign on Public Contract Code compliance for construction projects.

Measure C · Santa Clara County

Santa Clara

Public Works Charter Amendment · Existing charter city

CIFAC
Opposes

Intends to file a ballot argument

A yes vote would

Raise the threshold for formal competitive bidding and City Council approval of public works contracts from $1,000 to $250,000.

Why CIFAC opposes it

Efficiency should not come at the expense of accountability. Santa Clara can modernize procurement while preserving open competition and transparent Council review.

How it reached the ballot

Santa Clara originally considered a comprehensive charter overhaul covering elections, redistricting, council powers, and commissions. On July 14, 2026 the Council set that package aside — members raised concerns that it was moving too quickly and had not received enough public scrutiny, and the Mayor argued a charter is meant to be a durable, constitutional layer. The contracting amendment was separated out and sent to the ballot on its own.

In 2025 CIFAC investigated the Pruneridge Avenue and Hillsdale Avenue water-main replacement projects. City documents identified estimated costs of approximately $1.06 million for Pruneridge and $715,142 for Hillsdale, with both assigned to City forces.

The scopes described in the City’s own documents included abandoning existing water mains, installing substantial lengths of new main, transferring services, and replacing fire hydrants.

After reviewing records, CIFAC’s legal counsel raised concerns that the work appeared to fall within Charter Section 1310’s competitive bidding requirements, and that CIFAC had not been provided a Council resolution authorizing the use of City forces for either project.

That history matters because Santa Clara has previously followed the existing process even for far smaller work — in December 2024, staff brought a $30,684 water improvement project to the Council and requested authorization to use City forces.

Vote NO on the Public Works Charter Amendment.

Competitive bidding protects Santa Clara taxpayers by requiring public construction contracts to be openly advertised and awarded through a fair, transparent process. This measure would weaken those protections by raising the threshold for formal bidding and City Council approval from $1,000 to $250,000.

Vote NO. Require the City to return with a clear, narrowly written proposal that protects competition, taxpayer funds, and public oversight.

City of Porterville logo, member of CIFAC, related to Vote No 2026 Campaign, focusing on Public Contract Code compliance in construction.

Measure U · Tulare County

Porterville

Charter Section 61 Amendment · Existing charter city

CIFAC
Opposes

Argument and rebuttal filed · Tulare County

A yes vote would

Authorize the City Council to decide whether public works — construction, improvement, repair, and maintenance — are performed by City crews or competitively bid, and to set its own purchasing and contracting procedures.

Why CIFAC opposes it

Protect transparency. Protect competition. Protect taxpayer dollars.

The Precedent

Porterville voters have already answered this question.

This is the second time in twelve years the City has asked to set aside the competitive-bidding protections written into its own Charter. The first time, it went to the ballot — and lost.

2013

The proposal

A Porterville Charter Review Committee proposed letting the City perform public projects with its own employees regardless of cost, and raising the competitive-bidding threshold from $5,000 to $50,000.

2014

Voters said no

It reached the June 3 ballot as Measure S. CIFAC filed the official argument against it. Porterville voters rejected it, and the Charter kept the bidding protections it still has today.

2026

It returns — and goes further

Substantially the same question comes back as Measure U — this time removing the detailed bidding framework from the Charter altogether, rather than raising a number inside it.
The voters already decided this. Twelve years later, the City is asking again — and asking for more.

$75,000

The bidding threshold Porterville could adopt today — no charter amendment, no election, no cost.

What the City could do instead

There is already a lawful way to raise the threshold.

If the City believes a $5,000 threshold is outdated, it does not need a charter amendment to change it. California’s Uniform Construction Cost Accounting Act lets a city opt in and raise its bidding threshold to $75,000 — at no cost to taxpayers, and without an election.

The difference is what comes with it. The Act keeps uniform cost accounting standards, public notice, and independent oversight in place. Measure U removes the safeguards and puts nothing in their place.

Vote NO. It gives the government too much authority while weakening competitive bidding, taxpayer protections, and public accountability.

Competitive bidding requires projects to be openly advertised so qualified contractors can compete for the work. This process promotes transparency, helps control costs, and protects taxpayers from favoritism, waste, fraud, and misuse of public funds.

These safeguards help ensure projects are completed properly without forcing taxpayers to pay twice when problems arise.

Protect transparency. Protect competition. Protect taxpayer dollars.

The City has not shown that Measure U saves money. Expanding the Council’s authority creates no additional crews, equipment, expertise, or funding — it only removes the competition and the independent pricing that keep project costs honest.

And if the concern is genuinely that a $5,000 threshold is outdated, the Uniform Construction Cost Accounting Act already offers a $75,000 threshold at no cost, with cost accounting standards and oversight left intact.

Measure U does not need to raise taxes to cost taxpayers more.

Category 03

Entering the marketplace

One omnibus charter amendment would remove voters’ approval requirement for commercial enterprise while changing public-works contracting and oversight.
Seal of Los Angeles, related to CIFAC's Vote No 2026 Campaign, highlighting Public Contract Code compliance in construction.

Measure LA · Los Angeles County

Los Angeles

Infrastructure & Contracting Charter Amendment · Existing charter city

CIFAC
Opposes

CIFAC was not granted its own ballot-argument filing

A yes vote would

Adopt a broad Charter amendment that repeals voter approval for commercial enterprise, creates a bidding exception for critical infrastructure, and lets the Council eliminate the Board of Public Works.

Why CIFAC opposes it

Measure LA would remove voters’ check on government enterprise while opening new paths around competitive bidding and public oversight.

The official voter guide includes an argument against Measure LA. It focuses on preserving the Board of Public Works as an independent check on City contracting and public spending.

CIFAC requested the opportunity to submit an argument against this Charter amendment and was not granted its own filing. CIFAC’s case addresses additional concerns: removing the voters’ check on commercial enterprise, creating a new competitive-bidding exception, and changing the City’s public-works oversight.

This page makes CIFAC’s separate public-contracting and government-enterprise case available to voters.

Take action

Before November 3

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