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CC - Item 4A - Public Hearing Pursuant to Government Code 34458 on Draft City CharterROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: MAY 28, 2024 SUBJECT: PUBLIC HEARING PURSUANT TO GOVERNMENT CODE 34458 ON DRAFT CITY CHARTER SUMMARY The City Council has been discussing placing a city charter on the ballot at the November 5, 2024 statewide general election. At its March 26, 2024 meeting, the City Council directed that a draft charter be set for public hearing pursuant to State law. This is the first public hearing required by State law on the draft charter. The City Council will be conducting a second hearing on the draft charter at a special meeting on June 27, 2024. After holding a second hearing on the draft charter, the City Council may vote to adopt a motion submitting the proposed charter to the City's voters. The City Council must wait 21 days after the second public hearing before adopting this motion. The deadline to submit the charter to the County for inclusion on the ballot for the November election is August 9, 2024. A charter acts as a constitution for a city. Article XI, section 3(a) of the California Constitution grants cities' voters the ability to adopt a charter. The City Council may adopt a charter, but to go into effect, it must be approved by the City's voters. Over the prior year of 2023, several Charter Committee meetings were held as well as several City Council meetings to discuss the merits of becoming a Charter Law City and what provisions to include in the Charter. At its March 26`x' Council meeting, the City Council directed that public hearings be held to receive further public input. Public Hearing Requirements to Adopt a City Charter The purpose of this meeting is to discuss the proposed charter and specifically hear from the public on the charter. Before submitting the proposed charter to the voters, the City Council must hold at least two public hearings on the charter as required by Government Code Section 34458. Notice of these hearings must be published in a community newspaper and in three AGENDA ITEM 4.A City Council Meeting May 28, 2024 Page 2 of 4 public places at least 21 calendar days before each public hearing. The second public hearing must be at least 30 days after the first public hearing. At least one of the public hearings must be a special meeting held outside of normal business hours to facilitate public participation. Tonight's meeting qualifies as the City's first public hearing on the draft charter. The next meeting is set for June 27. After holding the two public hearings, the City Council may then adopt a motion submitting the proposed charter to the City's voters. The City Council, however, must wait 21 days after the second public hearing before adopting this motion. The deadline to submit the proposed charter to the County Clerk to get on the ballot for the November 2024 statewide general election is 88 days before the election, which would be August 9, 2024. Differences between General Law and Charter Cities Cities that are not governed by a charter are called "general law cities." The primary distinction between a general law city and a charter city is that charter cities have the ability to adopt rules and regulations over "municipal affairs" that are different than State law and apply to general law cities. For instance, general law cities must use the city -manager form of government. Charter cities, on the other hand, can use other forms of self-government, including the "strong mayor" form. Other distinctions are that charter cities may establish their own election dates, rules, and procedures, can have public financing of elections, establish council members' salaries, and have greater public contracting and taxing authority. Recently, several charter law cities prevailed in trial court that SB 9 lot split requirement do not apply to charter law cities. Such similar case by general law cities failed. The League of California Cities has developed a chart which provides the general areas that Charter law cities may choose to regulate, and the City used that chart to assist in guiding its provisions. Terms of Proposed Charter The table below highlights the key differences between the proposed charter and the City's current general law city status. The Charter itself should be reviewed in full. Subject Matter General Law City Rosemead Municipal Code Proposed Charter General Charter Law None None Provides that to the Powers extent there are Charter powers that may be exercised by the City, it retains all of those rights except where stated otherwise in the Charter Term limits May provide for term No term limits Term limits would be limits. Cal. Const. art. imposed after five four - XI, § 5(b); Cal Gov't year terms. Partial terms City Council Meeting May 28, 2024 Page 3 of 4 Code Section 36502 would count as full (b) terms. Would only apply prospectively Prosecuting Authority City only has the Follows State law Would give the City authority to enforce its authority to establish municipal code unless office of City Prosecutor it receives consent with authority to from County District prosecute City Attorney ordinances and certain State misdemeanors Economic City has limited N/A Power to utilize Development authority to support revenues from the economic general fund to development projects encourage, support and within the City promote economic development Purchasing and Cities must follow Municipal Code Would give Council Contracts State law on Chapters 3.24 authority to adopt own competitive bidding (Purchasing purchasing and System for Non- contracting procedures Public Works by ordinance Contracts) and 3.28 (Public Project Bidding Procedures) follow State requirements for when formal and informal purchasing procedures are permitted Preference for Must follow No preference for Would give Council Veterans contracting veterans or authority to adopt procedures. Public disabled veterans ordinance to give Contracting Code veterans and disabled permits cities to grant veterans a credit of preferences to additional points in disabled veterans, but awarding contracts not veterans City Council Meeting May 28, 2024 Page 4 of 4 STAFF RECOMMENDATION That the City Council take the following actions: 1. Conduct the Public Hearing and take any public comment; 2. Discuss the Charter and provide direction on the City charter; and 3. Direct that the next Public Hearing be noticed for June 27, 2024 FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. ENVIRONMENTA REVIEW This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. In addition, the Notice of Public Hearing was published in the Rosemead Reader, May 6, 2024. The public hearing notice was also published and translated into the following languages and published in their respective newspapers, Chinese L.A Daily News, La Opinion, and Saigon Times. Prepared by: Rachel Richman, City Attorney Attachments: A. Draft City Charter B. January 24, 2023 Staff Report C. February 14, 2023 Staff Report D. September 26, 2023 Staff Report E. October 10, 2023 Staff Report F. March 26, 2024 Staff Report G. Notice of Public Hearing Attachment A Draft City Charter CITY OF ROSEMEAD CITY CHARTER PREAMBLE We, the people of Rosemead enact this Charter to preserve and enhance the economic and social quality of life in our community. Resolutely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City. We do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Rosemead and to ensure that all municipal affairs that may be controlled by the City as a local control shall be. ARTICLE 1 GOVERNANCE Section 1.1. Incorporation and Succession The City shall continue to be a municipal corporation known as the City of Rosemead. The boundaries of the City of Rosemead 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 takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the City at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 1.2. Council -Manager Form of Government The municipal government established by this Charter shall be known as the "Council -Manager" form of government. Section 1.3. Governing Body The City shall be governed by a City Council composed of five Council Members. The adoption of this Charter shall not in any way alter the current terms of sitting Council Members or the date of elections for City Council. Section 1.4. City Council Salaries Council Members shall receive compensation for their services in accordance with the provisions of State law. Ef3DbFlUSYbYiRI Section 1.5. Eligibility for City Council Only persons meeting the requirements set forth in the general laws of the State of California shall be eligible to run for City Council. Section 1.6. Elections for City Council Members All elections shall be held in accordance with the provisions of the California Elections Code governing municipal elections. Section 1.7. Council Vacancies The determination as to when a Council Member has vacated their Council seat and the process for filling such vacancy shall be as set forth in the California Government Code. Section 1.8. Term Limits The purpose of this section is to create more competitive elections by ensuring that periodically the advantages of incumbency of a City Council Member will yield to increased citizen participation in seeking elective office. No person shall be a candidate for election to the office of City Council Member after having served as a City Council Member for five consecutive four-year terms, either by election or appointment. This section shall apply prospectively only, and neither the current term as of the effective date of this Charter, nor any prior terms, of sitting Council Members shall be counted as one of the five consecutive four-year terms described herein. Any person who, either by appointment or election, serves a partial term of office as a member of the City Council shall be deemed, for the purpose of this section, to have served a full four-year term. Any member of the City Council who resigns or is removed from office during a term shall be deemed to have served a full term. ARTICLE 2 MUNICIPAL AFFAIRS Section 2.1. Municipal Affairs The City Council may adopt and enforce all ordinances, resolutions, rules and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in this Charter, the United States and California Constitutions and applicable, laws and decisions of courts with competent jurisdiction. With respect to any municipal affair not expressly addressed in this Charter, until such municipal affair is expressly addressed in this Charter, or until the City legislates over such municipal affair by the adoption of an ordinance(s), the general laws of the State of California shall govern. 4870-7410-6252 v3 Section 2.2. Powers of the City This City shall have all powers that a City can have under the Constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. The enumeration in this Charter of any particular power, duty or procedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. The City shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. This Charter shall be liberally construed to vest the City with all legal authority and powers necessary to protect the health, safety and general welfare of all of the citizens of the City. No person, firm or corporation shall ever exercise any franchise, license, permit, easement, privilege or other use, except in so far as he or it may be entitled to do so by direct authority of the Constitution of the State of California, or of the Constitution or laws of the United States, in, upon, over, under or along any street, highway or other public place in the City unless they shall have first obtained a grant therefor in accordance with the provisions of this Charter. Franchises shall be granted by the City Council only in the time and manner, and for such purposes, as may be prescribed or authorized by the constitution or by applicable laws of this state. The City may exercise all or any of the powers herein set forth singly or jointly with other public agencies in the manner provided by general law. Section 2.3. Enterprises The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Section 2.4. Economic Development The City shall encourage, support, and promote economic development and community development in the City. The City shall have the power to utilize revenues from the general fund to encourage, support and promote economic development. The City may undertake economic development activities for the purpose of promoting the general health and welfare of the inhabitants of the City, job creation, improving market rate and affordable housing options, improving retail and commercial options, improving dining, entertainment and recreation options, and improving the City's tax base thereby furthering the City's ability to enhance and provide municipal services to its residents. The economic development activities authorized by this section are municipal affairs. 4870-7410-6252 0 Section 2.5. Officers and Employees The City Council may, by ordinance, establish a merit system for City employees. Such system may include provisions for the method of the selection of employees, the classification, advancement, suspension, discharge, termination of such employees, and the consolidation and elimination of positions. The said merit system shall apply as to each office or position of employment with the City, except: A. Elective and appointive officers; B. Part-time or temporary officers and employees; and C. Members of boards and commissions. Such system may be established or amended, by ordinance of the City Council, from time to time, as may be required in the discretion of the City Council in the public interest. Section 2.6. City Prosecutor The City shall have the authority to establish an office of City Prosecutor. Such establishment will be by adoption of ordinances and resolutions which direct the City Attorney or another qualified attorney to prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter, City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. Section 2.7. Fines, Penalties and Cost Recovery The City shall have the power to enact ordinances providing for different penalties for violations of its ordinances, and/or this Charter, and to prescribe in such ordinances, forfeitures, penalties and punishments for the violation thereof, which punishment shall be by fine or imprisonment, or by both fine and imprisonment. Section 2.8. General Law Powers Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or hereafter granted or prescribed by the general law of the State of California. All general law powers of cities in California are hereby declared to be possessed by the City. 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 3 Fiscal Matters Section 3.1. Purchasing and Contracts The City Council may, by ordinance, adopt purchasing and contracting procedures, thresholds and requirements within its municipal affairs authority. 4870-7410-6252 Q Section 3.2. Preference for Veterans The City Council may, by ordinance, adopt purchasing and contracting procedures, which give to veterans and disabled veterans a credit of additional points, preference or increased grading in the determination of awards of contracts. Documentary proof of eligibility for Veteran's Preference Credits and exemption from the eligibility limitation must be submitted prior to approval of the City. In the case of a tie grade between a veteran and non -veteran, the veteran shall be ranked highest. Section 3.3. Reductions Prohibited Revenues raised 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. Section 3.4. Mandates Limited No person, whether elected or appointed, acting on behalf of the City shall be required to perform 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 said mandating authority. ARTICLE 4 AMENDMENT 4.1 Amendment This Charter and any of its provisions may be amended by a majority vote of the electors voting on the questions. Amendment, revision or repeal may be proposed by initiative or by the governing body. ARTICLE 5 INTERPRETATION Section 5.1. 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 5.2. 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 remain enforceable to the fullest extent permitted by law. 4870-7410-6252 v3 Attachment B Staff Report Dated January 24, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGERJ-/ DATE: JANUARY 24, 2023 SUBJECT: DISCUSSION OF FORMING A SUBCOMMITTEE TO EVALUATE THE POTENTIAL AS A CHARTER CITY SUMMARY Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the potential as a Charter city. STAFF RECOMMENDATION It is recommended that the City Council discuss and provide further direction to City staff. FISCAL IMPACT None. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: 69:: Eric a Hernandez City Clerk Attachment A: General Law City v. Charter City AGENDA ITEM 6.A Attachment A General Law City v. Charter City General Law City v. Charter City Characteristic General Law City Charter City Ability to Govern Bound by the state's general law, Has supreme authority over "municipal Municipal Affairs regardless of whether the subject concerns affairs." Cal. Const art. XI, § 5(b). a municipal affair. Form of Government State law describes the city's form of Charter can provide for any form of government. For example, Government government including the "strong mayor, Code section 36501 authorizes general law and "city manager" forms. See Cal. Const. cities be governed by a city council of five art. XI, § 5(b); Cal. Gov't Code § 34450 et members, a city clerk, a city treasurer, a seq. police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section 34871. The Government Code also authorizes the "city manager" form of government. Cal. Gov't Code § 34851. Elections Generally Municipal elections conducted in Not bound by the California Elections Code. accordance with the California Elections May establish own election dates, rules, and Code. Cal. Elec. Code §§ 10101 at seq. procedures. See Cal. Const. art. XI, § 5(b); Cal. Elec. Code §§ 10101 et seq. Methods of Elections Generally holds at -large elections whereby May establish procedures for selecting voters vote for any candidate on the ballot. officers. May hold at -large or district Cities may also choose to elect the city elections. See Cal. Const. art. XI, § 5(b). council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code §§ 34902. In cities of 100,000 or less, a vote of the people is not required to switch to electing council by districts. Cal. Gov't Code § 34886. City Council Member Minimum qualifications are: Can establish own criteria for city office Qualifications provided it does not violate the U.S. 1. United States citizen Constitution. Cal. Const. art. XI, § 5(b), 2. At least 18 years old 82 Cal. Op. Att'y Gen. 6, 8 (1999). 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Cal. Elec. Code § 321; Cal. Gov't Code §§ 34882, 36502; 87 Cal. Op. Aft'y Gen. 30 (2004). RIV 84814-2902-0717 v I Characteristic General Law City Charter City Public Funds for Candidate No public officer shall expend and no Public financing of election campaigns is in Municipal Elections candidate shall accept public money for the lawful. Johnson v. Bradley, 4 Cal. 4th purpose of seeking elected office. Cal. Gov't 389 (1992). Code § 85300. Term Limits May provide for term limits. Cal. Gov't May provide for term limits. Cal. Const. art Code § 36502(b). Xl, § 5(b); Cal Gov't Code Section 36502(b). Vacancies and Termination An office becomes vacant in several May establish criteria for vacating and of Office instances including death, resignation, terminating city offices so long as it does removal for failure to perform official duties, not violate the state and federal electorate irregularities, absence from constitutions. Cal. Const. art. XI, § 5(b). meetings without permission, and upon non -residency. Cal. Gov't Code §§ 1770, 36502, 36513. Council Member Salary -ceiling is set by city population and May establish council members' salaries. Compensation and salary increases set by state law except for See Cal. Const. art. XI, § 5(b). If a city Expense Reimbursement compensation established by city electors. provides any type of compensation or See Cal. Gov't Code § 36516. If a city payment of expenses to council members, provides any type of compensation or then all council members are required to payment of expenses to council members, have two hours of ethics training. See Cal. then all council members are required to Gov't Code §§ 53234 - 53235. have two hours of ethics training. See Cal. Gov't Code §§ 53234 - 53235. Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local days of introduction unless they are urgency ordinances. Brougher v. Bd. of Public ordinances. Cal. Gov't Code § 36934. Works, 205 Cal. 426 (1928). Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Gov't Code § 36934. Resolutions May establish rules regarding the May establish procedures for adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repealing resolutions. v. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum Requirements quorum for transaction of business. Cal. requirements. However, certain legislation Gov't Code § 36810. requiring supermajority votes is applicable to charter cities. For example, see California All ordinances, resolutions, and orders for Code of Civil Procedure section 1245.240 the payment of money require a recorded requiring a vote of two-thirds of all the majority vote of the total membership of the members of the governing body unless a city council. Cal. Gov't Code § 36936. greater vote is required by charter. Specific legislation requires supermajority votes for certain actions. KI V #4914-2902-0717 v] Characteristic General Law City Charter City Rules Governing Ralph Brown Act is applicable. Cal. Ralph Brown Act is applicable. Procedure and Decorum Gov't Code §§ 54951, 54953(a). Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 at seq. Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 at seq. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. Personnel Matters May establish standards, May establish standards, requirements and procedures for requirements, and procedures, hiring personnel consistent with including compensation, terms and Government Code requirements. conditions of employment for personnel. See Cal. Const. art. XI, § May have "civil service" system, 5(b). which includes comprehensive procedures for recruitment, hiring, Procedures set forth in Meyers - testing and promotion. See Cal. Milias-Brown Act (Cal. Gov't Code § Gov't Code § 45000 at seq. 3500) apply, but note, "Mhere is a clear distinction between the Meyers-Milias-Brown Act applies. substance of a public employee labor Cal. Gov't Code § 3500. issue and the procedure by which it is resolved. Thus there is no question Cannot require employees be that'salaries of local employees of a residents of the city, but can require charter city constitute municipal them to reside within a reasonable affairs and are not subject to general and specific distance of their place laws.'" Voters for Responsible of employment. Cal. Const. art. XI, § Retirement v. Board of Supervisors, 8 10(b). CalAth 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. Xl, section 10(b). Contracting Services Authority to enter into contracts for Full authority to contract services as expressly authorized by consistent with charter. statute. See Costa Mesa City Employees Assn v. City of Costa Mesa, May transfer some of its 209 Cal. App. 4th 298 (2012). functions to the county including tax collection, assessment collection and sale of property for nonpayment of taxes and assessments. Cal. Gov't Code §§ 51330, 51334, 51335. RIV #4814-2902.0717 VI Characteristic I General Law City I Charter City Public Contracts Payment of Prevailing Wages Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $175,000. See Cal. Pub. Cont. Code §§ 22000, 22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code § 4526. In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code § 1771.5(a)- c). RIV 44814-2902-0717 Y1 4 Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code § 1100.7; see R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998). Historically, charter cities were exempt from prevailing wage requirements. Effective January 1, 2015, state law requires charter cities to pay prevailing wages on any public works project or else the city will not be eligible to receive state financial assistance for public works projects. Cal. Gov't Code § 1782. Characteristic General Law City Charter City Finance and Taxing Power May impose the same kinds of taxes and Have the power to tax. assessment as charter cities. See Cal. Gov't Code § 37100.5. Imposition of taxes and assessments subject to Propositions 218 and 26, Cal. Const. art. Imposition of taxes and assessments subject XIIIC, § 2, and own charter limitations to Propositions 218 and 26. Cal. Const. art.XIIIC. Have broader assessment powers than a general law city, as well as taxation power as Examples of common forms used in determined on a case -by case basis. assessment district financing include: May proceed under a general assessment • Improvement Act of 1911. Cal. Sts. law, or enact local assessment laws and & High. Code § 22500 at seq. then elect to proceed under the local law. See J.W. Jones Companies v. City of San • Municipal Improvement Act of 1913. Diego, 157 Cal. App. 3d 745 (1984). See Cal. Sts. & High. Code §§ 10000 et seq. May impose business license taxes for any purpose unless limited by state or federal • Improvement Bond Act of 1915. Cal. constitutions, or city charter. See Cal. Const. Sts. & High. Code §§ 8500 at seq. art. XI, § 5. • Landscaping and Lighting Act of May impose real property transfer tax; does 1972. Cal. Sts. & High. Code §§ not violate either Cal. Const art. XIIIA or 22500 at seq. California Government Code section 53725. See Cohn v. City of Oakland, 223 • Benefit Assessment Act of 1982. Cal. App. 3d 261 (1990); Fielder v. City of Cal. Gov't Code §§ 54703 at seq. Los Angeles, 14 Cal. App. 4th 137 (1993). May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal. Gov't Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIIA, § 4; Cal. Gov't Code § 53725; butsee authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c). Streets & Sidewalks State has preempted entire field of State has preempted entire field of traffic control. Cal. Veh. Code § 21, traffic control. Cal. Veh. Code § 21. Penalties & Cost Recovery May impose fines, penalties and May enact ordinances providing for various forfeitures, with a fine not exceeding penalties so long as such penalties do not $1,000. Cal. Gov't Code § 36901. exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963). R1V #4814.2902-0717 vt Characteristic General Law City Charter City Public Utilitiea/Franchises May establish, purchase, and operate May establish, purchase, and public works to furnish its inhabitants operate public works to furnish its with electric power. See Cal. Const. art. inhabitants with electric power. See XI, § 9(a); Cal. Gov't Code § 39732; Cal. Cal. Const. art. XI, § 9(a); Cal. Pub. Util. Code § 10002. Apartment Assn v. City of Stockton, 80 Cal. App. 4th 699 (2000). May grant franchises to persons or corporations seeking to furnish light, May establish conditions and water, power, heat, transportation or regulations on the granting of communication services in the city to franchises to use city streets to allow use of city streets for such persons or corporations seeking to purposes. The grant of franchises can be furnish light, water, power, heat, done through a bidding process, under transportation or communication the Broughton Act, Cal. Pub. Util. Code services in the city. §§ 6001-6092, or without a bidding process under the Franchise Act of Franchise Act of 1937 is not 1937, Cal. Pub. Util. Code §§ 6201- applicable if charter provides. Cal. 6302. Pub. Util. Code § 6205. Zoning Zoning ordinances must be consistent Zoning ordinances are not required with general plan. Cal. Gov't Code § to be consistent with general plan 65860. unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code § 65803. R1V #4814-2902-0717 vl 6 Attachment C Staff Report Dated February 14, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: FEBRUARY 14, 2023 SUBJECT: CONTINUED DISCUSSION OF FORMING A SUBCOMMITTEE TO EVALUATE THE POTENTIAL AS A CHARTER LAW CITY SUMMARY Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the potential of becoming a Charter law city. At the January 24, 2023 meeting, the City Council directed City staff and City Attorney to return with additional information on charter cities, including when a charter measure could be taken before the voters for consideration and the cost of holding a standalone election. DISCUSSION The City Council began discussion on forming a subcommittee to evaluate the potential of transitioning from a general law city to a charter law city. During the discussion, the City Council directed city staff to bring back additional information on how many San Gabriel Valley Cities are charter law cities, when a charter measure could be placed on a ballot for voters' consideration, and the cost of holding a standalone election. City staff conducted a survey and found that seven (7) cities are Charter cities out of thirty (30) cities in the San Gabriel Valley. Charter Cities in the San Gabriel Valley City Estimated Po ulation Charter Established Alhambra 81.211 1915 Arcadia 57.500 1951 Industry 440 1976 Irwindale 1,466 1976 Pasadena 139,255 1901 Pomona 151 000 1911 Temple City 36,494 1971 7 cities are Charter, out of 30 cities in San Gabriel Valley. City Council Meeting February 14, 2023 Page 2 of 3 Charter Measure Election Timin California Election Code §§ 9255, 1200 and 1415, provides when the City Council can place a charter proposal measure before the voters. The statutes provide it must be held during a statewide general election. City staff checked with the Los Angeles Registrar-Recorder/County Clerk's office and confirmed that an initial charter proposal under Election Code § 1415 states: (a) (1) Except as provided in paragraph (2), a city or city and county charter proposal proposed by the governing body of a city or city and county on its own motion that qualifies pursuant to Section 9255, shall be submitted to the voters at the next established statewide general election pursuant to Elections Code § 1200, occurring not less than 88 days after the date of the order of election. If the initial charter proposal measure is recommended to be placed on a ballot, the next statewide general election is November 2024. Furthermore, the City Council will have to call for a special election on the charter measure to be held in November, since the City's next general municipal election is scheduled for Manch 2024. Standalone Elections In addition, the City Council directed City staff to provide cost information on holding a standalone election. To conduct a standalone election, City staff found that no vendor offers all the necessary election services like our previous vendor, Martin and Chapman, who went out of business after the passage of Assembly Bill 415. City staff reached out to three cities that conduct standalone elections to better understand how the election landscape has changed. City staff found the City would have to contract with various vendors to provide the necessary services to conduct a standalone election. Services that would require entering into separate agreements with multiple vendors include ballot tabulation services and equipment, ballot printing and Vote by Mail services, purchasing software for vote by mail processing and tracking, consulting services, and hiring temporary staff. In general, a standalone election could cost the City over $200,000 or more, depending on the city's choices to conduct a standalone election. For comparison, Temple City indicated that it spent $222,100 on its March 2022 stand-alone election. Staff was also informed that Temple City intends to consolidate with the County for its next election cycle. Additionally, in speaking to the Los Angeles County Registrar-Recorder/County Clerk, it was mentioned that if the County is holding a statewide election on a date the City is holding a standalone election, there will be separate ballots for voters and separate vote centers or polling locations. STAFF RECOMMENDATION It is recommended that the City Council discuss and provide further direction to City staff. City Council Meeting February 14, 2023 Page 3 of 3 FISCAL IMPACT None. ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Ericka Hernandez City Clerk Attachment A: General Law City v. Charter City Attachment B: Information from the nonpartisan California League if Cities Attachment A General Law City v. Charter City General Law City v. Charter City Characteristic' General Law City Charter City Ability to Govem Bound by the state's general law, Has supreme authority over "municipal Municipal Affairs regardless of whether the subject concerns affairs." Cal. Const. art. XI, § 5(b). a municipal affair. Form of Government State law describes the city's form of Charter can provide for any form of government. For example, Government government including the "strong mayor," Code section 36501 authorizes general law and "city manager" forms. See Cal. Const cities be governed by a city council of five art. Xl, § 5(b); Cal. Gov't Code § 34450 at members, a city clerk, a city treasurer, a seq. police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section 34871. The Government Code also authorizes the "city manager" form of government. Cal. Gov't Code § 34851. Elections Generally Municipal elections conducted in Not bound by the Califomia Elections Code. accordance with the California Elections May establish own election dates, rules, and Code. Cal. Elec. Code §§ 10101 at seq. procedures. See Cal. Const art. XI, § 5(b); Cal. Elec. Code §§ 10101 at seq. Methods of Elections Generally holds at -large elections whereby May establish procedures for selecting voters vote for any candidate on the ballot. officers. May hold at -large or district Cities may also choose to elect the city elections. See Cal. Const. art. X1, § 5(b). council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code §§ 34902. In cities of 100,000 or less, a vote of the people is not required to switch to electing council by districts. Cal. Gov't Code § 34886. City Council Member Minimum qualifications are: Can establish own criteria for city office Qualifications provided it does not violate the U.S. 1. United States citizen Constitution. Cal. Const. art. Xl, § 5(b), 2. At least 18 years old 82 Cal. Op. Att'y Gen. 6, 8 (1999). 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Cal. Elec. Code § 321; Cal. Gov't Code §§ 34882, 36502; 87 Cal. Op. Att'y Gen. 30 (2004). RIV #4814-2902-0717 v 1 R1V 04814-2902-0717 v General Law City Charter City Public Funds for Candidate No public officer shall expend and no Public financing of election campaigns is In Municipal Elections candidate shall accept public money for the lawful. Johnson v. Bradley, 4 Cal. 4th purpose of seeking elected office. Cal. Gov't 389 (1992). Code § 85300. Term Limits May provide for term limits. Cal. Gov't May provide for term limits. Cal. Const. art. Code § 36502(b). XI, § 5(b); Cal Gov't Code Section 36502(b). Vacancies and Termination An office becomes vacant in several May establish criteria for vacating and of Office instances including death, resignation, terminating city offices so long as it does removal for failure to perform official duties, not violate the state and federal electorate irregularities, absence from constitutions. Cal. Const. art. XI, § 5(b). meetings without permission, and upon non -residency. Cal. Gov't Code §§ 1770, 36502, 36513. Council Member Salary -ceiling is set by city population and May establish council members' salaries. Compensation and salary increases set by state law except for See Cal. Const art. XI, § 5(b). If a city Expense Reimbursement compensation established by city electors. provides any type of compensation or See Cal. Gov't Code § 36516. If a city payment of expenses to council members, provides any type of compensation or then all council members are required to payment of expenses to council members, have two hours of ethics training. See Cal. then all council members are required to Gov't Code §§ 53234 - 53235. have two hours of ethics training. See Cal. Gov't Code §§ 53234 - 53235. Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local days of introduction unless they are urgency ordinances. Brougher v. Bd. of Public ordinances. Cal. Gov't Code § 36934. Works, 205 Cal. 426 (1928). Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Gov't Code § 36934. Resolutions May establish rules regarding the May establish procedures for adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repealing resolutions. v. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum Requirements quorum for transaction of business. Cal. requirements. However, certain legislation Gov't Code § 36610. requiring supermajority votes is applicable to charter cities. For example, see California All ordinances, resolutions, and orders for Code of Civil Procedure section 1245.240 the payment of money require a recorded requiring a vote of two-thirds of all the majority, vote of the total membership of the members of the governing body unless a city council. Cal. Gov't Code § 36936. greater vote is required by charter. Specific legislation requires supermajority votes for certain actions. R1V 04814-2902-0717 v RIV #4814.2902-0717 vl i.'iltirw:. Rules Governing Ralph Brown Act is applicable. Cal. Ralph Brown Act is applicable. Procedure and Decorum Gov't Code §§ 54951, 54953(a). Cal, Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 et seq. Conflict of interest laws are applicable. See Cal, Gov't Code § 87300 at seq. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. Personnel Matters May establish standards, May establish standards, requirements and procedures for requirements, and procedures, hiring personnel consistent with including compensation, terms and Government Code requirements. conditions of employment for personnel. See Cal. Const. art. XI, § May have "civil service" system, 5(b). which includes comprehensive procedures for recruitment, hiring, Procedures set forth in Meyers - testing and promotion. See Cal. Milias-Brown Act (Cal. Gov't Code § Gov't Code § 45000 et seq. 3500) apply, but note, 'Mhere is a clear distinction between the Meyers-Milias-Brown Act applies. substance of a public employee labor Cal. Gov't Code § 3500. issue and the procedure by which it is resolved. Thus there is no question Cannot require employees be that'salaries of local employees of a residents of the city, but can require charter city constitute municipal them to reside within a reasonable affairs and are not subject to general and specific distance of their place laws." Voters for Responsible of employment. Cal. Const. art. XI, § Retirement v. Board of Supervisors, 8 10(b). CalAth 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, section 10(b). Contracting Services Authority to enter into contracts for Full authority to contract services as expressly authorized by consistent with charter. statute. See Costa Mesa City Employees Assn v. City of Costa Mesa, May transfer some of its 209 Cal. App. 4th 298 (2012). functions to the county including tax collection, assessment collection and sale of property for nonpayment of taxes and assessments. Cal. Govt Code §§ 51330, 51334, 51335. RIV #4814.2902-0717 vl Public Contracts Payment of Prevailing Wages Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $175,000. See Cal. Pub. Cont. Code §§ 22000,22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Govt Code § 4526. In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code § 1771.5(a) -(c). R1V #4914-2902-0717 v I 4 Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont Code § 1100.7; see R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc, v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998). Historically, charter cities were exempt from prevailing wage requirements. Effective January 1, 2015, state law requires charter cities to pay prevailing wages on any public works project or else the city will not be eligible to receive state financial assistance for public works projects. Cal. Gov't Code § 1782. Chaw�tgarlstic General taw city charter City Finance and Taxing Power May impose the same kinds of taxes and Have the power to tax. assessment as charter cities. See Cal. Gov't Code § 37100.5. Imposition of taxes and assessments subject to Propositions 218 and 26, Cal. Const. art. Imposition of taxes and assessments subject XIIIC, § 2, and own charter limitations to Propositions 218 and 26. Cal. Const. art.XIiIC. Have broader assessment powers than a general law city, as well as taxation power as Examples of common forms used in determined on a case -by case basis. assessment district financing include: May proceed under a general assessment • Improvement Act of 1911. Cal. Sts. law, or enact local assessment laws and & High. Code § 22500 at seq. then elect to proceed under the local law. See J. IN Jones Companies v. City of San • Municipal Improvement Act of 1913. Diego, 157 Cal. App. 3d 745 (1984). See Cal. Sts. & High. Code §§ 10000 at seq. May impose business license taxes for any purpose unless limited by state or federal • Improvement Bond Act of 1915. Cal. constitutions, or city charter. See Cal. Const. Sts. & High. Code §§ 8500 at seq. art. XI, § 5. • Landscaping and Lighting Act of May impose real property transfer tax; does 1972. Cal. Sts. & High. Code §§ not violate either Cal. Const art. XIIIA or 22500 at seq. California Government Code section 53725. See Cohn v. City of Oakland, 223 • Benefit Assessment Act of 1982. Cal. App. 3d 261 (1990); Fielder v. City of Cal. Gov't Code §§ 54703 at seq. Los Angeles, 14 Cal. App. 4th 137 (1993). May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal. Govt Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIIA, § 4; Cal. Gov't Code § 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c). Streets & Sidewalks State has preempted entire field of State has preempted entire field of traffic control. Cal. Veh. Code § 21. traffic control. Cal. Vet. Code § 21. Penalties & Cost Recovery May impose fines, penalties and May enact ordinances providing for various forfeitures, with a fine not exceeding penalties so long as such penalties do not $1,000. Cal. Gov't Code § 36901. exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963). RIV #4814.2902-0717 vl *106 .. Public Utilities/Fronchises May establish, purchase, and operate May establish, purchase, and public works to furnish its inhabitants operate public works to furnish its with electric power. See Cal. Const. art. inhabitants with electric power. See XI, § 9(a); Cal. Gov't Code § 39732; Cal. Cal. Const. art. Xl, § 9(a); Cal. Pub. Util. Code § 10002. Apartment Assn v. City of Stockton, 80 Cal. App. 4th 699 (2000). May grant franchises to persons or corporations seeking to furnish light, May establish conditions and water, power, heat, transportation or regulations on the granting of communication services in the city to franchises to use city streets to allow use of city streets for such persons or corporations seeking to purposes. The grant of franchises can be furnish light, water, power, heat, done through a bidding process, under transportation or communication the Broughton Act, Cal. Pub. Util. Code services in the city. §§ 6001.6092, or without a bidding process under the Franchise Act of Franchise Act of 1937 is not 1937, Cal. Pub. Util. Code §§ 6201- applicable if charter provides. Cal. 6302. Pub. Util. Code § 6205. Zoning Zoning ordinances must be consistent Zoning ordinances are not required with general plan. Cal. Gov't Code § to be consistent with general plan 65860. unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code § 65803. RIV 94914-2902-0717v I Attachment B Information from the nonpartisan California League of Cities Information from the nonpartisan California League of Cities: h ttp -!/www. cacities. org/chartercities Introduction Charter Cities Did you know that, under certain home rule provisions in California's state constitution, voters can exercise a greater degree of local control than that provided by the California Legislature? Becoming a charter city allows voters to determine how their city government is organized and, with respect to municipal affairs, enact legislation different than that adopted by the state. In 2001, the Institute for Local Government, the League's research arm, teamed up with the Hastings Public Law Research Institute to create an informational resource for those interested in understanding more about this special form of local control. The League is grateful to everyone who helped with this project including Phillip Hall of LIC Hastings and the Hastings Public Law Research Institute; Kad Berger of Jenkins & Hogin LLP; Betsy Strauss (Attorney at Law); John Cook (Fortner City Attorney, Indian Wells); and Harvey Levine (City Attorney, Fremont). In 2007, the League updated these resources and the new documents can be found below. The League would like to thank Hilda Cantu Montoy (Attorney at Law) for her help with the update. Charter Cities: A Quick Summary for the Press and Researchers The following summary was drafted by the League of California Cities' legal staff, in an attempt to give the press and research communities a primer on some frequently asked questions regarding charter cities. Charter Cities vs. General Law Cities — The Basics The California Constitution gives cities the power to become charter cities.+ The benefit of becoming a charter city is that charter cities have supreme authority over "municipal affairs'2 In other words, a charter city's law concerning a municipal affair will trump a state law governing the same topic.3 Cities that have not adopted a charter are general law cities. General law cities are bound by the state's general law, even with respect to municipal affairs. Of California's 478 cities, 108 of them are charter cities. The charter city provision of the State Constitution, commonly referred to as the "home -rule' provision, is based on the principle that a city, rather than the state, is in the best position to know what it needs and how to satisfy those needs.4 The home -rule provision allows charter cities to conduct their own business and control their own affairs.s A charter maximizes local control. A city charter, in effect a city's constitution, need not set out every municipal affair the city would like to govern. So long as the charter contains a declaration that the city intends to avail itself of the full power provided by the California Constitution, any city ordinance that regulates a municipal affair will govern over a general law of the states Defining 'Municipal Affairs' Determining what is and is not a "municipal affair is not always straightforward. The California Constitution does not define "municipal affair.' It does, however, set out a nonexclusive list of tour'core Information from the nonpartisan California League of Cities: httD.- www cacities.oro%hartercities categories that are, by definition, municipal affairs.? These categories are 1) regulation of the "city police force"; 2) `subgovemment in all or part of a city"; 3) "conduct of city elections"; and 4) "the manner in which ... municipal officers [are] elected "a Beyond this list, it is up to the courts to determine what is and is not a municipal affair. To determine if a matter is a municipal affair, a court will ask whether there are good reasons, grounded on statewide interests, for the state law to preempt a local law.9 In other words, courts will ask whether there is a need for "paramount state control" in the particular area of law.,o The Legislature's intent when enacting a specific law is not determinative.,, The concept of "municipal affairs' is fluid and may change over time.12 Issues that are municipal affairs today could become areas of statewide concern in the future.,3 Nonetheless, there are some areas that courts have consistently classified as municipal affairs. These include: • Municipal election matters14 • Land use and zoning decisions (with some exceptions),s • How a city spends its tax dollars,e • Municipal contracts, provided the charter or a city ordinance exempts the city from the Public Contract Code, and the subject matter of the bid constitutes a municipal affair.17 Thus, a charter may exempt a city from the State's competitive bidding statutes. Likewise, there are some areas that courts have consistently classified as areas of statewide concern, including: • Traffic and vehicle regulation,e • Tort claims against a governmental entity,9 • Regulation of school systemszo How to Become a Charter City To become a charter city, a city must adopt a charter. There are two ways to adopt a charter: • The city's voters elect a charter commission.21 The commission has the responsibility of drafting and debating the charter. • The governing board of the city, on its own motion, drafts the charter.:z In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters.23 For more information about charter cities, please visit the "Charter Cities" section of the League's Web site at htto.//www cacities ora/charfercities. Cal. Const. art. XI, § 3(a). Cal. Const art. XI, § 5(a). Johnson v. Bradley, 4 Cal, 4th 389, 399 (1992). Fra9ky v. Phelan, 126 Cal. 383, 387 (1899). /0 Information from the nonpartisan California League of Cities: http.//www. cacities. org/chartercities e There are some exceptions to this rule. For example, a charter city IS bound by the Public Contract Code unless the city's charts expressly example the city from the Code'3 provisions or a cq ordinance wnfiicts with a provision in the Code. See Cal, Pub. Cont Code § 1100.7. r Cal. Const. art. XI, § 5(b): Johnson. 4 Cal. 4th at 398. e Cal. Const. art. Xl. § 5(b). Johnson, 4 Cal. 4th at 405. +o Id. at 400. n Id at 405. u Cal Fed Savings 6 Loan Assn v. City of Los Angeles. 54 Cal. 3tl 1.16 (1991); Isaac v. City o1 Los Angeles, 66 Cal. App. 4th 586, 599 (1998). 13 Isaac, 68 Cal. App. 4th at 599, h� Mackey v. Thiel, 262 Cal. App. 2d 362. 365 (1968). See Brougher v. Bd. o/Pub- Works. 205 Cal, 426. 440 (1928). he Johnaon, 4 Cel. 4th at 407. 17 Pub. Cont Code § 1100.T R 8 A Vending Services. Inc. v. City o1 Los Angeles, 172 Cal, App. 3d 1188, 1191 (1985); Howard Contracting, Inc v. G.A. MacDonald Constr. Co., 71 Cal. App, 4th 38. 51 (1998). he Cel. Veh, Code § 21. .5 Halbach v City of Long Beach, 50 Cal, App. 2d 242, 247 (1942). x Whisman v San Francisco Unified Son Dist.. 86 Cal, App. 3d 782, 789 (1978), r n Cal. Govt Code § 34451. Cel. Gov't Code §34458. 25 Cel. Gov't Code §§ 34457, 34462. General Law City v. Charter City Characteristic General Law City Charter City Ability to Govem Bound by the state's general law, regardless Has supreme authority over "municipal Municipal Affairs of whether the subject concerns a municipal affairs' Cal. Const. art. XI, § 5(b). affair. Form of Government State law describes the city's form of Charter can provide for any form of government For example, Government government including the "strong mayor," Code section 36501 authorizes general law and "city manager" forms. See Cal. Const. cities be governed by a city council of five art. XI, § 5(b); Cal. Govt Code § 34450 at members, a city clerk, a city treasurer, a seq. police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section 34871. The Government Code also authorizes the 'city manager form of government. Cal. Gov't Code § 34851. Elections Generally Municipal elections conducted in accordance Not bound by the California Elections Code. with the California Elections Code. Cal. Elec. May establish own election dates, rules, and Code §§ 10101 et seq.. procedures. See Cal. Const. art. XI, § 5(b); Cal. Elec. Code §§ 10101 at seq.. Methods of Elections Generally holds at4arge elections whereby May establish procedures for selecting voters vote for any candidate on the ballot. officers. May hold at -large or district Cities may also choose to elect the city elections. See Cal. Const. art. XI, § 5(b). council "by" or "from' districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code §§ 34902. City Council Member Minimum qualifications are: Can establish own criteria for city office Qualifications provided it does not violate the U.S. 1. United States citizen Constitution. Cal. Const. art. XI, § 5(b), 82 2. At least 18 years old Cal. Op. Att'y Gen. 6, 8 (1999). 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Cal. Elec. Code § 321; Cal. Gov't Code §§ 34882, 36502; 87 Cal. Op. Att'y Gen. 30 (2004). Characteristic General Law City Charter City Public Funds for Candidate No public officer shall expend and no Public financing of election campaigns is in Municipal Elections candidate shall accept public money for the lawful. Johnson v. Bradley, 4 Cal. 4th 389 purpose of seeking elected office. Cal. Gov't (1992). Code § 85300. Term Limits May provide for tens limits. Cal. Gov't Code May provide for term limits. Cal. Const. art. § 36502(b). XI, § 5(b); Cal Gov't Code Section 36502 (b). Vacancies and Termination An office becomes vacant in several May establish criteria for vacating and of Office instances including death, resignation, terminating city offices so long as it does not removal for failure to perform official duties, violate the state and federal constitutions. electorate irregularities, absence from Cal. Const. art. XI, § 5(b). meetings without permission, and upon non- residency. Cal. Gov't Code §§ 1770, 36502, 36513, Council Member Salary -ceiling is set by city population and May establish council members' salaries. Compensation and salary increases set by state law except for See Cal. Const. art. XI, § 5(b). If a city Expense Reimbursement compensation established by city electors. provides any type of compensation or See Cal. Govt Code § 36516. If a city payment of expenses to council members, provides any type of compensation or then all council members are required to payment of expenses to council members, have two hours of ethics training. See Cal. then all council members are required to Govt Code §§ 53234 - 53235. have two hours of ethics training. See Cal. Govt Code §§ 53234 - 53235. Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local days of introduction unless they are urgency ordinances. Brougher v. Bd. of Public Works, ordinances. Cal. Gov't Code § 36934. 205 Cal. 426 (1928). Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Govt Code § 36934. Resolutions May establish rules regarding the May establish procedures for adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repealing resolutions. v. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum Requirements quorum for transaction of business. Cal. requirements. However, certain legislation Govt Code § 36810. requiring supernajority votes is applicable to charter cities. For example, see California All ordinances, resolutions, and orders for Code of Civil Procedure section 1245.240 the payment of money require a recorded requiring a vote of two-thirds of all the majority vote of the total membership of the members of the governing body unless a city council. Cal. Govt Code § 36936. greater vote is required by charter. Specific legislation requires supermajority votes for certain actions. I Characteristic I General Law City I Charter City Rules Governing Procedure and Decorum Personnel Matters Contracting Services Ralph Brown Act is applicable. Cal. Gott Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Govt Code § 87300 at seq.. May establish standards, requirements and procedures for hiring personnel consistent with Government Code requirements. May have "civil service" system, which includes comprehensive procedures for recruitment, hiring, testing and promotion. See Cal. Gov't Code § 45000 at seq. Meyers-Milias-Brown Act applies. Cal. Govt Code § 3500. Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, § 10(b). Authority to enter into contracts to carry out necessary functions, including those expressly granted and those implied by necessity. See Cal. Gov't Code § 37103; Carruth v. City of Madera, 233 Cal. App. 2d 688 (1965). Ralph Brown Act is applicable. Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 et seq.. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. May establish standards, requirements, and procedures, including compensation, terms and conditions of employment for personnel. See Cal. Const. art. XI, § 5(b). Procedures set forth in Meyers-Milias-Brown Act (Cal. Govt Code § 3500) apply, but note, "(T]here is a clear distinction between the substance of a public employee labor issue and the procedure by which it is resolved. Thus there is no question that 'Salaries of local employees of a charter city constitute municipal affairs and are not subject to general laws." Voters for Responsible Retirement v. Board of Supervisors, 8 Cal.4th 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, section 10(b). Full authority to contract consistent with charter. May transfer some of its functions to the county including tax collection, assessment collection and sale of property for non- payment of taxes and assessments. Cal. Gov't Code §§ 51330, 51334, 51335. Characteristic I General Law City I Charter City Public Contracts Payment of Prevailing Wages Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $100,000. See Cal. Pub. Cont. Code §§ 22000, 22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firths need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code § 4526. In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code § 1771.5(a) -(c). Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code § 1100.7; see R 8 A Vending Services, Inc. V. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998). Historically, charter cities have not been bound by state law prevailing -wage requirements so long as the project is a municipal affair, and not one funded by state or federal grants. Vial v. City of San Diego, 122 Cal. App. 3d 346, 348 (1981). However, there is a growing trend on the part of the courts and the Legislature to expand the applicability of prevailing wages to charter cities under an analysis that argues that the payment of prevailing wages is a matter of statewide concern. The California Supreme Court currently has before them a case that will provide the opportunity to decide whether prevailing wage is a municipal affair or whether it has become a matter of statewide concern. Characteristic General Law City Charter City Finance and Taxing Power May impose the same kinds of taxes and Have the power to tax. assessment as charter cities. See Cal. Gov't Code § 37100.5. Have broader assessment powers than a general law city, as well as taxation power as Imposition of taxes and assessments subject determined on a case -by case basis. to Proposition 218. Cal. Const. art.XIIIC. Imposition of taxes and assessments subject Examples of common forms used in to Proposition 218, Cal. Const. art. XIIIC, § assessment district financing include: 2, and own charter limitations • Improvement Act of 1911. Cal. Sts. May proceed under a general assessment & High. Code § 22500 et seq.. law, or enact local assessment laws and then elect to proceed under the local law. • Municipal Improvement Act of 1913. See J. W_ Jones Companies v. City of San See Cal. Sts. & High. Code §§ Diego, 157 Cal. App. 3d 745 (1984). 10000 at seq.. May impose business license taxes for any • Improvement Bond Act of 1915. Cal. purpose unless limited by state or federal Sts. & High. Code §§ 8500 et seq.. constitutions, or city charter. See Cal. Const. art. XI, § 5. • Landscaping and Lighting Act of 1972. Cal. Sts. & High. Code §§ May impose real property transfer tax; does 22500 et seq.. not violate either Cal. Const art. XIIIA or California Government Code section 53725. • Benefit Assessment Act of 1982. See Cohn v. City of Oakland, 223 Cal. App. Cal. Gov't Code §§ 54703 at seq.. 3d 261 (1990); Fielder v. City of Los Angeles, 14 Cal. App. 4th 137 (1993). May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal. Gov't Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIIA, § 4; Cal. Gov't Code § 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c). Streets & Sidewalks State has preempted entire field of traffic State has preempted entire field of traffic control. Cal. Veh. Code § 21. control. Cal. Veh. Code § 21. Penalties & Cost Recovery May impose fines, penalties and forfeitures, May enact ordinances providing for various with a fine not exceeding $1,000. Cal. Govt penalties so long as such penalties do not Code § 36901. exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963). Characteristic General Law City Charter City Public Utilities/Franchises May establish, purchase, and operate public May establish, purchase, and operate public works to furnish its inhabitants with electric works to furnish its inhabitants with electric power. See Cal. Const. art. XI, § 9(a); Cal. power. See Cal. Const. art. XI, § 9(a); Cal. Gov't Code § 39732; Cal. Pub. Util. Code § Apartment Assn v. City of Stockton, 80 Cal. 10002, App. 4th 699 (2000). May grant franchises to persons or May establish conditions and regulations on corporations seeking to furnish light, water, the granting of franchises to use city streets power, heat, transportation or to persons or corporations seeking to furnish communication services in the city to allow light, water, power, heat, transportation or use of city streets for such purposes. The communication services in the city. grant of franchises can be done through a bidding process, under the Broughton Act, Franchise Act of 1937 is not applicable if Cal. Pub. Util. Code §§ 6001.6092, or charter provides. Cal. Pub. Util. Code § without a bidding process under the 6205. Franchise Act of 1937, Cal. Pub. Util. Code §§ 6201-6302. Zoning Zoning ordinances must be consistent with Zoning ordinances are not required to be general plan. Cal. Gov`t Code § 65860. consistent with general plan unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code § 65803. Information from the nonpartisan California League of Cities: http llwww.cacities.org/chartercities Foundational aspects of charter cities What is the Constitutional Framework for Charter Cities? Article XI, section 3(a) of the California Constitution authorizes the adoption of a city charter and provides such a charter has the force and effect of state law. Article XI, section 5(a), the "home rule" provision, affirmatively grants to charter cities supremacy over "municipal affairs." However, the California Constitution does not define the term ,'municipal affair." What are "Municipal Affairs?" The home rule provision of the California Constitution authorizes a charter city to exercise plenary authority over municipal affairs, free from any constraint imposed by the general law and subject only to constitutional limitations. See Cal. Const. art. XI § 5(a); Ex Parte Braun, 141 Cal. 204, 209 (1903); Bishop v. City of San Jose, 1 Cal. 3d 56, 61 (1969); Comm. of Seven Thousand v. Super. Ct. (City of Irvine), 45 Cal.3d 491 (1988). How Do the Courts Distinguish Between Municipal and Statewide Concerns? Whether a given activity is a municipal affair over which a city has sovereignty, or a statewide concern, over which the legislature has authority, is a legal determination for the courts to resolve. Thus, the determination of whether a given activity is a municipal affair or statewide concern is done on a case-by-case basis. The court's determination will depend on the particular facts and circumstances of each case. See In Re Hubbard, 62 Cal. 2d 119, 128 (1964). Keep in mind that the concept of "municipal affairs" is a fluid one that changes over time as local issues become statewide concerns. See Issac v. City of Los Angeles, 66 Cal. App. 4th 586 (1998). What Activities Have the Courts Classified As Municipal Affairs? There are some areas that the courts have consistently classified as municipal affairs. Examples include the following: • Municipal Election Matters. See Mackey v. Thiel, 262 Cal. App. 2d 362 (1968). • Procedures for Initiative, Referendum and Recall. See Lawing v. Faul, 227 Cal. App. 2d 23, 29 (1964). • Procedures for Adopting Ordinances. See Brougher v. Board of Public Works, 205 Cal. 426 (1928). • Compensation of City Officers and Employees. Cal. Const. art. XI, § 5(b); See Sonoma County Organization of Public Employees v. County of Sonoma. 23 Cal. 3d 296 (1979); but see San Leandro Police Officers Association v. City of San Leandro, 55 Cal. App. 3d 553 (1976) (labor relations is not a municipal affair; Charter cities are subject to the Meyers-Milias Brown Act. Cal. Gov't Code § 3500. • Processes Associated with City Contracts. See First Street Plaza Partners v. City of Los Angeles, 65 Cal. App. 4th 650 (1998); but see Domar Electric, Inc. v. City of Los Angeles, 41 Cal. App. 4th 810 (1995) (state law establishing employment policy may preempt local regulation of bidding criteria). Information from the nonpartisan California League of Cities: http //www cacities.org/chattercities • Financing Public Improvements. See City of Santa Monica v. Grubb, 245 Cal. App. 2d 718 (1996). • Making Charitable Gifts of Public Funds for Public Purposes. See Cal. Const. art. XVI, § 6; Tevis v. City and County of San Francisco, 43 Cal. 2d 190 (1954). • Term Limits for Council Members. See Cawdrey v. City of Redondo Beach, 15 Cal. App. 4th 1212 (1993); but see Cal. Gov't Code § 36502(b) (regulating term limits). • Land Use and Zoning Decisions (with a few exceptions). See Brougher v. Bd. of Pub. Works, 205 Cal. 426 (1928). What Activities Have the Courts Classified as Statewide Concerns? The following have consistently been classified by the courts as matters of statewide concern: • School Systems. Whisman v. San Francisco Unified Sch. Dist., 86 Cal. App. 3d 782, 789 (1978). • Traffic and Vehicle Regulation. Cal. Veh. Code § 21. • Licensing of Members of a Trade or Profession. City and County of San Francisco v. Boss, 83 Cal. App. 2d 445 (1948). • Tort Claims Against a Governmental Entity. Helbach v. City of Long Beach, 50 Cal. App. 2d 242, 247 (1942). • Open and Public Meetings. Ralph M. Brown Act. Cal. Gov't Code §§ 54951, 54953(a). • Exercise of the Power of Eminent Domain. Wilson v Beville, 47 Cal. 2d 852, 856 (1957). Information from the nonpartisan California League of Cities http//v✓ww.cacities.orglchadercities What is a charter? A city charter is a unique document that, in many ways, acts like a constitution for the city adopting it. It can only be adopted, amended or repealed by a majority vote of a city's voters. The primary advantage of a charter is that it allows greater authority for a city's governance than that provided by state law. For example, a city may tailor its organization and elective offices, taking into account the unique local conditions and needs of the community. A charter transfers the power to adopt legislation affecting municipal affairs from the state legislature to the city adopting it. A city operating under a charter can acquire full control over its municipal affairs. These affairs are unaffected by the general laws passed by the state legislature on the same subject matters. This, in effect, gives the local voters more control over their local government and the affairs of the city. However, a city operating under a charter is still subject to the general laws, as passed by the state legislature, on affairs that are not municipal in nature, and are of statewide concern (e.g., California Vehicle Code). It is the scope of the term "municipal affairs" that provides the opportunity for uncertainty. No easy analytical test exists. The threshold issue is whether there is a conflict between state law and a charter city enactment. The next issue is whether the state regulation addressed an issue of "state wide concern." Courts analyze these conflicts on a case- by-case basis. Information from the nonpartisan California League of Cities 17ttp://www. ca cities. org/chartercities What is in a charter? While a city charter is not required to have any particular provisions in it, a city will often reserve for itself the greatest amount of power it can when it adopts a charter. To accomplish this goal, the charter must include a declaration that it is the intention of the city to avail itself of the full power provided by the state constitution to charter cities. However, the city is not required to extend the breadth of its charter any further than it wishes. Some of the common areas that are explicitly regulated in a charter are: • The date and conduct of city elections; • Regulations on the appointment of municipal officials; • The terms and payment of municipal officials; • The process for removal of municipal officials; • Form of government; • Budget adoption; • The number, pay, qualifications, and appointment of deputies, clerks, and other employees that each municipal officer will have; • Sub-govemment in all or part of the city; • The tenure of office for deputies, clerks, and other employees; • The process for removal of such deputies, clerks, and other employees; and • The constitution, regulation, and government of the local police force. A number of California cities' charters are available online. The National Civic League also has a model charter oroiect. Information from the nonpartisan California League of Cities http://ww�v. cacities. orglchartercities Process used to adopt a charter There are two ways to draft and adopt a city charter. The first is to elect a charter commission. The commission then has the responsibility of debating over the provisions and the drafting of the charter. The other alternative allows the governing board of the city, on its own motion, to draft the charter. In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters. When using the charter commission approach, the first step is to elect the commission. The vote to elect a charter commission is called for by either a majority vote of the city's governing body or by a petition signed by not less than fifteen percent of the registered voters within the city. If the formation of a charter commission is requested by a petition, the authority in charge of the city's registration records must verify the signatures on the petition. The expense of this verification must be paid for by the city's governing board. If the petition is verified, the city's governing board must call for an election in accordance with sections 1000 and 10403 of the California Elections Code. See Cal. Gov't Code section 34452. Once it has been decided that a charter commission election will take place, candidates for commissioners must be nominated. Candidates for the office of charter commissioner are nominated either in the same manner as officers of the city or by petition. A candidate for charter commissioner must be a registered voter of the city. After the election of commissioners, any vacancy on the commission will be filled by a mayoral appointment. See Cal. Gov't Code section 34452. At an election for charter commission members, the voters will vote first on the following question: "Shall a charter commission be elected to propose a new charter?" After voting on this question, the voters will then vote for the charter commission candidates. If a majority of the voters vote for the formation of a charter commission, then the top fifteen candidates for the office of charter commissioner will be organized as the city's charter commission. No commission will be formed if a majority of voters vote against the election of a charter commission. See Cal. Gov't Code section 34453. Once formed, the charter commission will have the responsibility of developing the city's charter. After a simple majority of commissioners have decided that the proposed charter is appropriate, they file the charter with the city's clerk in preparation for a vote by the city's electorate. See Cal. Gov't Code section 34455. However, instead of sending the whole charter at once, periodically the commission may send portions of the charter to the city's electorate for a vote. See Cal. Gov't Code section 34462. After the charter (or portions of it) has been filed, it must be copied in type greater than 10 point and either mailed to all the voters of the city or made available to those citizens who wish to review it before the election. The city may show the difference between existing provisions of law and the new charter through the use of distinguished type styles, but this is not required. See Cal. Gov't Code section 34456. After the charter has been filed with the city clerk, the city's governing board must decide whether to call a special election or to wait until the next established municipal election to submit the charter to the voters. If the city's governing board determines that a Information from the nonpartisan California League of Cities: httD.,1 www. cacities. org/chartercities special election should be held, then they must call for that special election within 14 days of the charter being filed. The special election must be set at least 95 days after the date from which the special election was called. See Cal. Gov't Code section 34457. In any case, the charter commission must send the charter to the voters within two years of the vote that formed the commission. Upon the expiration of the two-year time period, the commission is abolished. See Cal. Gov't Code section 34462. The alternative to electing a charter commission is to have the city's governing board develop and draft the charter. An election to decide on the adoption of a charter may be called by initiative or the city council. See Cal. Const. art. XI, § 3. On its own motion, the city's governing board may propose a charter and submit it to the voters for adoption. See Cal. Gov't Code section 34458. With this option, the governing board can call a special election or allow the charter to be voted on at any established election date, as long as that election date is at least 88 days after the proposed charter was filed with the city clerk. See Cal. Gov't Code section 34458. As a practical matter, an election may have to be called sooner than 88 days before the election in order to meet certain notice and ballot printing deadlines. In either case, the majority of voters must vote in favor of the proposed charter for it to be ratified. The charter will not go into effect until it has been filed and accepted by the Secretary of State. See Cal. Gov't Code section 34459. After a charter is approved by a majority vote of the voters, the mayor and city clerk shall certify that the charter was submitted to the voters of the city and that it was approved by a majority vote. See Cal. Gov't Code section 34460. One copy of the approved charter shall be filed with the County Recorder's office and one shall be kept in the City's archive. See Cal. Gov't Code section 34460. A third copy of the charter must be submitted to the Secretary of State with (1) copies of all publications and notices in connection with the calling of the election; (2) certified copies of any arguments for or against the charter proposal which were mailed to the voters; (3) a certified abstract of the vote at the election on the charter. See Cal. Gov't Code section 34460. Information from the nonpartisan California League of Cities: http://www. cacities. orq/chartercities How to amend or repeal a charter If a citizens group, or the city's governing body, wishes to amend or repeal a portion of the city's charter, the steps remain largely the same as they are for drafting a charter. There are, however, two notable exceptions. First, the petition calling for the repeal or amendment needs only ten percent of the electorate's signatures, instead of the previous fifteen percent. See Cal. Elec. Code sections 9215 and 9255. The other notable difference has to do with the charter itself. A city charter may establish different rules for the municipal elections process than those laid out by the state legislature in the Elections Code. If this is the case, the city's charter will govern the elections process used to appeal or amend the city's charter, instead of the general laws laid out in the Elections Code. Information from the nonpartisan California League of Cities: http://www. cacities. org/chartercities Charter Cities Adelanto Lemoore Alameda Lindsay Albany Loma Linda Alhambra Long Beach Anaheim Los Alamitos Arcadia Los Angeles Bakersfield Marina Bell Marysville Berkeley Merced Big Bear Lake Modesto Buena Park Monterey Burbank Mountain View Carlsbad Napa Cerritos Needles Chico Newport Beach Chula Vista Norco Compton Oakland Culver City Oceanside Cypress Oroville Del Mar Pacific Grove Desert Hot Springs Palm Desert Dinuba Palm Springs Downey Palmdale EI Centro Palo Alto Eureka Pasadena Exeter Petaluma Folsom Piedmont Fortuna Placentia Fresno Pomona Gilroy Port Hueneme Glendale Porterville Grass Valley Rancho Mirage Hayward Redondo Beach Huntington Beach Redwood City Indian Wells Richmond Industry Riverside Inglewood Roseville Irvine Sacramento Irwindale Salinas King City San Bernardino Kingsburg San Diego Lancaster San Francisco La Quinta San Jose Information from the nonpartisan California League of Cities: http.//www. cacities. org/chartercities San Leandro Signal Hill San Luis Obispo Solvang San Marcos Stockton San Mateo Sunnyvale San Rafael Temple City San Ramon Torrance Sand City Truckee Santa Ana Tulare Santa Barbara Vallejo Santa Clara Ventura Santa Cruz Vernon Santa Maria Victorville Santa Monica Visalia Santa Rosa Vista Santee Watsonville Seal Beach Whittier Shaffer Woodlake Total Cities: 120 Attachment D Staff Report Dated September 26, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 26, 2023 SUBJECT: DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY SUMMARY The City Council has had discussions related to creating a charter for the City upon which the residents could then vote on to approve or deny. As a part of the discussion a committee was established which included Mayor Ly and Councilmember Armenta. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions as well as the information provided by the League of Cities on the various items that could be included in a new city charter. The Committee presented questions that were looked into by the City Attorney to allow for further discussion as well. At the conclusion of those meetings, it was determined that before taking further review and consideration on the overall Charter, there were items which the Committee wanted to have a discussion with the full Council on to see if they wanted to include certain provisions in the Charter different than what State law provides, where so authorized. In addition, the Committee wanted to share with the Council its thoughts on other various subject matters and to hear from the full Council. To assist the Committee, it followed the League's chart on items to consider in a charter. The Council had been provided a copy of this chart previously. A new chart is attached to the staff report. This chart now includes an additional column where there where responses provided to the Committee based on questions asked. There is also information on the Committee's position on an item. For example did they want to defer to state law on the topic and include provision to that effect or not or if they wanted full Council input on an item. The Chart is attached with the additional column of information as well as noting the sections the Committee wanted to discuss in more detail which are highlighted as well as noted with These items include: AGENDA ITEM 7.D City Council Meeting September 26, 2023 Page 2 of 2 • Elections • Term Limits • Contracting Services (want to see what consultant recommends) • Power to create an office of city prosecutor to prosecute misdemeanor violations of state law As it relates to the timing of a potential election on the charter, the Election Code has limitations on when an initiative to become charter law city can be considered by the voters. As confirmed by the County Elections office, Elections Code Section 1415 and 9255, provide that a new charter proposal measure has to be voted on at a statewide general election which occurs in November 2024. The cutoff date to submit the matter to the County is 88 days before election, which would be August 9, 2024. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Raehezll&r na.w Rachel Richman, City Attorney Attachment: Committee Updated Chart with Comments Attachment A Committee Updated Chart with Comments a� m '= C C o c o. 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B ams o M r � c � E� \ ■ kk k �§ 2\ \8 � §� 3! S{�9 ca m 0)&00n \=0. Im-\\ A �o°ca {\mk)\\\(\ (/c =m£■,23 „ ■ =00 =��&^!|®#® `�{/J k)!|krM "CL 2 () 0 M -a■&Zm--cL| 0 a)2: w-��0- !/ca /$\ ``£±.2".W k)M:Sf §02�_ «] E2 t2 arc § mcm 0 CD .0 f0 /) 0 0 . 0 § k E c 2§/ � k)ƒ /S» \k) �2■ �a0 �2 #■a� Def 0 0ao> Attachment E Staff Report Dated October 10, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: OCTOBER 10, 2023 SUBJECT: CONTINUED DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY SUMMARY At the September 26, 2023, City Council meeting, the City Council continued the item for further discussion of establishing a Charter for the City. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared Ericka Hernandez, City Clerk Attachment A: Committee Updated Chart with Comments Attachment B: City Council Staff Report Dated September 26, 2023 AGENDA ITEM 7.A Attachment A Committee Updated Chart with Comments Y U rc C C 0 U U L > r Y m 3 U cu m J fa _ d c6 E d O C N d 0 a� _ c m a E d r,,.' 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As a part of the discussion a committee was established which included Mayor Ly and Councilmember Armenta. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions as well as the information provided by the League of Cities on the various items that could be included in a new city charter. The Committee presented questions that were looked into by the City Attorney to allow for further discussion as well. At the conclusion of those meetings, it was determined that before taking further review and consideration on the overall Charter, there were items which the Committee wanted to have a discussion with the full Council on to see if they wanted to include certain provisions in the Charter different than what State law provides, where so authorized. In addition, the Committee wanted to share with the Council its thoughts on other various subject matters and to hear from the full Council. DISCUSSION To assist the Committee, it followed the League's chart on items to consider in a charter. The Council had been provided a copy of this chart previously. A new chart is attached to the staff report. This chart now includes an additional column where there where responses provided to the Committee based on questions asked. There is also information on the Committee's position on an item. For example did they want to defer to state law on the topic and include provision to that effect or not or if they wanted full Council input on an item. The Chart is attached with the additional column of information as well as noting the sections the Committee wanted to discuss in more detail which are highlighted as well as noted with "* These items include: AGENDA ITEM 7.13 City Council Meeting September 26, 2023 Page 2 of 2 • Elections • Term Limits • Contracting Services (want to see what consultant recommends) • Power to create an office of city prosecutor to prosecute misdemeanor violations of state law As it relates to the timing of a potential election on the charter, the Election Code has limitations on when an initiative to become charter law city can be considered by the voters. As confirmed by the County Elections office, Elections Code Section 1415 and 9255, provide that a new charter proposal measure has to be voted on at a statewide general election which occurs in November 2024. The cutoff date to submit the matter to the County is 88 days before election, which would be August 9, 2024. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: RcuheLlzik- w Rachel Richman, City Attorney Attachment: Committee Updated Chart with Comments Attachment F Staff Report Dated March 26, 2024 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RACHEL RICHMAN, CITY ATTORNEY DATE: MARCH 26, 2024 SUBJECT: DISCUSSION AND DIRECTION ON DRAFT CITY CHARTER I.eN(_ilAGV SUMMARY The City Council has been discussing the consideration of placing a City charter on the ballot in November 2024. Based on prior discussions with the Council committee on the Charter and Council Member comments at prior Council meetings, the City Attorney has drafted proposed language for Council review and comment. In addition to the proposed Charter language the staff report also lays out the timelines and actions to follow in order to meet the deadline to submit the Charter election to the County by August 9, 2024. STAFF RECOMMENDATION That the City Council take the following action: 1. Discuss the draft City charter; 2. Provide any direction on the draft City charter language; or 3. Take such additional, related, action that may be desirable. DISCUSSION A charter acts as a constitution for a city. Article XI, section 3(a) of the California Constitution grants cities' voters the ability to adopt a charter. The City Council may adopt a charter, but to go into effect it must be approved by the City's voters. On January 24, 2023, then Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the City's potential conversion to a charter city. The City Council continued the discussion to its February 14, 2023, meeting at which it established a charter committee consisting of Mayor Ly and Councilmember Armenta. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions as well as information provided by the League of California Cities on the various items that could be included in a new City charter. The charter committee shared its observations AGENDA ITEM 6.A City Council Meeting March 26, 2024 Page 2 of 4 provisions as well as information provided by the League of California Cities on the various items that could be included in a new City charter. The charter committee shared its observations with the City Council at its September 26, 2023 meeting and the Council discussed whether it wanted to adopt a city charter and the terms of any charter. The City Council's discussion of the proposed charter continued to its October 10, 2023 meeting. Before the City Council now is a draft of City charter based on the terms recommended by the City Council. Public Hearing Requirements to Adopt a City Charter Before submitting the proposed charter to the voters, the City Council must hold at least two public hearings on the charter as required by Government Code Section 34458. Notice of these hearings must be published in a community newspaper and in three public places at least 21 calendar days before each public hearin¢. The second public hearing must be at least 30 days after the fust public hearing. At least one of the public hearings must be a special meeting held outside of normal business hours to facilitate public participation. After holding the two public meetings, the City Council must then adopt a motion submitting the proposed charter to the City's voters. The City Council, however, must wait 21 days after the second public hearing before adopting this motion. Tonight's meeting and the April 9, 2024 meeting are not public hearings as provided above, as they are for the Council to discuss the Charter, and there would not be time to notice for April 9, therefore they cannot count towards the City's two hearings required under Government Code Section 34458. At the April 9a' hearing, staff would need to also obtain direction from the Council on dates for the Council's two required public hearings. As confirmed by the County Elections office, the cutoff date to submit the proposed charter to the County Clerk to get on the ballot for the November 2024 statewide general election is 88 days before the election, which would be Aueust 9, 2024. Theoretically, the latest the City could post notice of the fust public hearing on the proposed charter and still submit the charter to the County Clerk is May 28, 2024. To hold two public hearings, 30 days apart before submitting the measure to the County, the following dates are being proposed: • Publication of first Notice of a Public Hearing is May 6, 2024, in the newspaper. • The first public hearing meeting can be scheduled for May 28, 2024 (21 days after Notice of Public Hearing publication of May 6, 2024). • Publication of second Notice of a Public Hearing is June 6, 2024, in the newspaper. • The second Public Hearing Meeting can be held after June 27th (30 days after the first public hearing meeting of May 28, 2024). City Council Meeting March 26, 2024 Page 3 of 4 If the City Council holds a special meeting on Tuesday, July 2, 2024, the City Council could vote to submit the proposed measure to voters at the July 23, 2024 City Council meeting (21 days after the second public hearing meeting is held per Gov. Code 34458). After approval by the City Council of the proposed measure, the City Clerk will submit the proposed measure and resolutions calling for a special election by August 9, 2024 (88 days before the November 5, 2024, Statewide General Election). Terms of Proposed Charter Under the proposed charter, the City would retain its council-manager form of government and the number, eligibility, salaries, and election of Councilmembers would not change. The table below highlights some of the key differences between the proposed charter and the City's current general law city status. Subject Matter General Law City Rosemead Proposed Charter Municipal Code Term limits May provide for term No term limits Term limits would be Limits. Cal. Const, art. imposed after five XI, 5 5(b); Cal Gov't consecutive four-year Code Section 36502 terms (either by election (b) or appointment). Partial terms would count as full terms. Would only apply prospectively Prosecuting Authority City only has the Follows State law Would give the City authority to enforce its authority to establish municipal code unless office of City Prosecutor it receives consent with authority to from County District prosecute City Attorney ordinances and certain State misdemeanors Economic City has limited N/A Power to utilize Development authority to support revenues from the economic general fund to development projects encourage, support and within the City promote economic development Purchasing and Cities must follow Municipal Code Would give Council Contracts State law on Chapters 3.24 authority to adopt own competitive bidding (Purchasing purchasing and System for Non- contracting procedures Public Works by ordinance Contracts) and City Council Meeting March 26, 2024 Page 4 of 4 FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Rachel Richman, City Attorney Attachments: 1. Draft City Charter 2. September 26, 2023 Staff Report (Discussion on Establishing a Charter for the City) 3. October 10, 2023 Staff Report (Continued Discussion on Establishing a Charter for the City) 3.28 (Public Project Bidding Procedures) follow State requirements for when formal and informal purchasing procedures are permitted Preference for Must follow No preference for Would give Council Veterans contracting veterans or authority to adopt procedures. Public disabled veterans ordinance to give Contracting Code veterans and disabled permits cities to grant veterans a credit of preferences to additional points in disabled veterans, but awarding contracts and not veterans other provisions permitted under law FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Rachel Richman, City Attorney Attachments: 1. Draft City Charter 2. September 26, 2023 Staff Report (Discussion on Establishing a Charter for the City) 3. October 10, 2023 Staff Report (Continued Discussion on Establishing a Charter for the City) Attachment A Draft City Charter CITY OF ROSEMEAD CITY CHARTER PREAMBLE We, the people of Rosemead enact this Charter to preserve and enhance the economic and social quality of life in our community. Resolutely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City. We do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Rosemead and to ensure that all municipal affairs that may be controlled by the City as a local control shall be. ARTICLE 1 GOVERNANCE Section 1.1. Incorporation and Succession The City shall continue to be a municipal corporation known as the City of Rosemead. The boundaries of the City of Rosemead 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 takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the City at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 1.2. Council -Manager Form of Government The municipal government established by this Charter shall be known as the "Council -Manager" form of government. Section 1.3. Governing Body The City shall be governed by a City Council composed of five Council Members. The adoption of this Charter shall not in any way alter the current terns of sitting Council Members or the date of elections for City Council. Section 1.4. City Council Salaries Council Members shall receive compensation for their services in accordance with the provisions of State law. 4870.7410-62$2 v3 Section 1.5. Eligibility for City Council only persons meeting the requirements set forth in the general laws of the State of California shall be eligible to run for City Council. Section 1.6. Elections for City Council Members All elections shall be held in accordance with the provisions of the California Elections Code governing municipal elections. Section 1.7. Council Vacancies The determination as to when a Council Member has vacated their Council seat and the process for filling such vacancy shall be as set forth in the California Government Code. Section 1.8. Term Limits The purpose of this section is to create more competitive elections by ensuring that periodically the advantages of incumbency of a City Council Member will yield to increased citizen participation in seeking elective office. No person shall be a candidate for election to the office of City Council Member after having served as a City Council Member for five consecutive four-year terms, either by election or appointment. This section shall apply prospectively only, and neither the current term as of the effective date of this Charter, nor any prior terms, of sitting Council Members shall be counted as one of the five consecutive four-year terms described herein. Any person who, either by appointment or election, serves a partial term of office as a member of the City Council shall be deemed, for the purpose of this section, to have served a full four-year term. Any member of the City Council who resigns or is removed from office during a term shall be deemed to have served a full term. ARTICLE 2 MUNICIPAL AFFAIRS Section 2.1. Municipal Affairs The City Council may adopt and enforce all ordinances, resolutions, rules and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in this Charter, the United States and California Constitutions and applicable, laws and decisions of courts with competent jurisdiction. With respect to any municipal affair not expressly addressed in this Charter, until such municipal affair is expressly addressed in this Charter, or until the City legislates over such municipal affair by the adoption of an ordinance(s), the general laws of the State of California shall govem. 4870-7410-6252 v3 Section 2.2. Powers of the City This City shall have all powers that a City can have under the Constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. The enumeration in this Charter of any particular power, duty or procedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the Stats of California. The City shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. This Charter shall be liberally construed to vest the City with all legal authority and powers necessary to protect the health, safety and general welfare of all of the citizens of the City. No person, firm or corporation shall ever exercise any franchise, license, permit, easement, privilege or other use, except in so far as he or it may be entitled to do so by direct authority of the Constitution of the State of California, or of the Constitution or laws of the United States, in, upon, over, under or along any street, highway or other public place in the City unless they shall have first obtained a grant therefor in accordance with the provisions of this Charter. Franchises shall be granted by the City Council only in the time and manner, and for such purposes, as may be prescribed or authorized by the constitution or by applicable laws of this state. The City may exercise all or any of the powers herein set forth singly or jointly with other public agencies in the manner provided by general law. Section 23. Enterprises The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Section 2.4. Economic Development The City shall encourage, support, and promote economic development and community development in the City. The City shall have the power to utilize revenues from the general fund to encourage, support and promote economic development. The City may undertake economic development activities for the purpose of promoting the general health and welfare of the inhabitants of the City, job creation, improving market rate and affordable housing options, improving retail and commercial options, improving dining, entertainment and recreation options, and improving the City's tax base thereby furthering the City's ability to enhance and provide municipal services to its residents. The economic development activities authorized by this section are municipal affairs. 4870-74103252 v3 Section 2.5. Officers and Employees The City Council may, by ordinance, establish a merit system for City employees. Such system may include provisions for the method of the selection of employees, the classification, advancement, suspension, discharge, termination of such employees, and the consolidation and elimination of positions. The said merit system shall apply as to each office or position of employment with the City, except: A. Elective and appointive officers; B. Part-time or temporary officers and employees; and C. Members of boards and commissions. Such system may be established or amended, by ordinance of the City Council, from time to time, as may be required in the discretion of the City Council in the public interest. Section 2.6. City Prosecutor The City shall have the authority to establish an office of City Prosecutor. Such establishment will be by adoption of ordinances and resolutions which direct the City Attorney or another qualified attorney to prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter, City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. Section 2.7. Fines, Penalties and Cost Recovery The City shall have the power to enact ordinances providing for different penalties for violations of its ordinances, and/or this Charter, and to prescribe in such ordinances, forfeitures, penalties and punishments for the violation thereof, which punishment shall be by fine or imprisonment, or by both fine and imprisonment. Section 2.5. General Law Powers Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or hereafter granted or prescribed by the general law of the State of California. All general law powers of cities in California are hereby declared to be possessed by the City. 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 3 Fiscal Matters Section 3.1. Purchasing and Contracts The City Council may, by ordinance, adopt purchasing and contracting procedures, thresholds and requirements within its municipal affairs authority. 4870.7410fi252 0 Section 3.2. Preference for Veterans The City Council may, by ordinance, adopt purchasing and contracting procedures, which give to veterans and disabled veterans a credit of additional points, preference or increased grading in the determination of awards of contracts. Documentary proof of eligibility for Veteran's Preference Credits and exemption from the eligibility limitation must be submitted prior to approval of the City. In the case of a tie grade between a veteran and non -veteran, the veteran shall be ranked highest. Section 3.3. Reductions Prohibited Revenues raised 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. Section 3.4. Mandates Limited No person, whether elected or appointed, acting on behalf of the City shall be required to perform 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 said mandating authority. ARTICLE 4 AMENDMENT 4.1 Amendment This Charter and any of its provisions may be amended by a majority vote of the electors voting on the questions. Amendment, revision or repeal may be proposed by initiative or by the governing body. ARTICLE 5 INTERPRETATION Section 5.1. 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 5.2. 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 remain enforceable to the fullest extent permitted by law. 4970-7410-6252 v3 Attachment B City Council Staff Report Dated September 26, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 26, 2023 SUBJECT: DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY Biu ' ' The City Council has had discussions related to creating a charter for the City upon which the residents could then vote on to approve or deny. As a part of the discussion a committee was established which included Mayor Ly and Councilmember Armenta. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions as well as the information provided by the League of Cities on the various items that could be included in a new city chatter. The Committee presented questions that were looked into by the City Attorney to allow for further discussion as well. At the conclusion of those meetings, it was determined that before taking further review and consideration on the overall Charter, there were items which the Committee wanted to have a discussion with the full Council on to see if they wanted to include certain provisions in the Charter different than what State law provides, where so authorized. In addition, the Committee wanted to share with the Council its thoughts on other various subject matters and to hear from the full Council. DISCUSSION To assist the Committee, it followed the League's chart on items to consider in a charter. The Council had been provided a copy of this chart previously. A new chart is attached to the staff report. This chart now includes an additional column where there where responses provided to the Committee based on questions asked. There is also information on the Committee's position on an item. For example did they want to defer to state law on the topic and include provision to that effect or not or if they wanted full Council input on an item. The Chart is attached with the additional column of information as well as noting the sections the Committee wanted to discuss in more detail which are highlighted as well as noted with These items include: AGENDA ITEM 7.1) City Council Meeting September 26, 2023 Page 2 of 2 • Elections • Term Limits • Contracting Services (want to see what consultant recommends) • Power to create an office of city prosecutor to prosecute misdemeanor violations of state law As it relates to the timing of a potential election on the charter, the Election Code has limitations on when an initiative to become chatter law city can be considered by the voters. As confirmed by the County Elections office, Elections Code Section 1415 and 9255, provide that a new charter proposal measure has to be voted on at a statewide general election which occurs in November 2024. The cutoff date to submit the matter to the County is 88 days before election, which would be August 9, 2024. STAB' RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL HVIPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. 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V C 0, % 0000m \k��}M-z » �2 -., ;a2£g\A% G §!ƒ)5 www $� , r} E« \§ / 41 \\\\))�\\0m0 _ /�� ®- �§§k�22 ('¥ §]))/ {§f#f10 §oqr_ k0WMA E'D 7!%«( 0 z, o0f0 / � ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: OCTOBER 10, 2023 SUBJECT: CONTINUED DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY SUMMARY At the September 26, 2023, City Council meeting, the City Council continued the item for further discussion of establishing a Charter for the City. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Ericka Hernandez, City Clerk Attachment A: Committee Updated Chart with Comments Attachment B: City Council Staff Report Dated September 26, 2023 AGENDA ITEM 7.A Ic- §2 ! f( Z ) ,!§ �>0p 1 --ffi E 000 2 $ 7)) )})) �� \ 0M00 ° ��k/ Ek mak) o )�®k ��\{ -5Ew \2`�t 0 c7}_ fc . ! t!£e kk/\ \\ \ klkA0) j {\/\I � ;7 o U �d )f§/& 2 m0 kk«tf k§® 2 U C!/ kƒ. »i f&3� ))# R(/}) , - 2E - _)\�0-;M $ -w ¥{ %j g,(D w�0E1kp k\] {(3\)f/ kMkkEkl\\W 2 0 `�Z )k -,g)°e ƒ# e !` 2 ..0 "2.0 o )�k±m oE° a' l222t`($-7)k 2!§ Ecc MO>-©°©� )K§(#$§ƒ 2A§ am) )0 �k E 2M 0 g2 fk/$ !� �)k\ L) N m c0 p cc Ea) 3c o = o m m �� >a o c m t m a° N O 0.« A U 83 c_ m L L O zm G) N p « � N b = ca o U 3 N C G y "O > r 0 V m 0 — m 'jjO U m 0 3 N N ci N> r-6.2 oT m c m o=0 a «,L- O O c Z o s p CO 7C T COL Q C y C 3 m pLL m aUU m U y N m C 2 m « N L U m m d « m C N DU C7�Sc� yxv �� m pi oU� C J mn ca o T c m E 2 v O 'O N N Vi —0v O ! ++ .QmmU Cojmg�ac Ci mT m'.'— �MmU da).—� � CD 2 m-'¢ N «N V N (7— Q. � N � FS_ L .0Um,�U�UmlE0X m L° at� U Jcc=gym v S9� m no Ti �moC m U2 ID ' >, m c o o 0 9 m 210 mAU z daX °N a o m yofo f0'$ Cd -2 M LU a0:N tTU�O OI� �m°N�v-mopUcc� 3 m On C C C 0°> N J �U C V ;mo.?mU.2L)MZI' p m C C N a > y p O O m O 0'0 m C L U mME 0M oNo i0 0 GI = cm— C l0 O'ym :. >,E—LOT m C O N> m �ymE0 N C7 Eo Oyj�« A Mo `yin oPb��€ m� m U cm 2, o oy�� oE,u_+a I m iDE� m`�°�mL° c mooa8r V 0 CCA w N M s N N C Z 0 EQ c 0 � o — (D Er a 'tom .� dor m _ Ep Ci CLE N N UI O C 0/ U 40, C — a) L tf 0 N'L",Q� OW R- c OL.. 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Wl MAA! �U$ a E°�q�� r�ci ..:'.. a --c-QC Own @ tm� rnV � baa we Ja cm IL e LL um� m e •c a M L N Y ^N , k�� k�k \8 � 22 ca \ \§g=�!\ \=)f|�k ©\\ u2�a§®E`©(7\\ -wa&i\ {waDCLO -)=cmk )ti»�#,;� ,t `)q §2{) |!!£ E/k 0oa) !ktk) k/§}§ )) f§\ » k§! to 0 £ k`® 7\{ U k �w0 \\w \E , 2f k]2 �2 �uJk @ u|2� ,ao> , Attachment C City Council Staff Report Dated October 10, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RACHEL RICHMAN, CITY ATTORNEY DATE: MARCH 26, 2024 SUBJECT: DISCUSSION AND DIRECTION ON DRAFT CITY CHARTER LANGUAGE SUMMARY The City Council has been discussing the consideration of placing a City charter on the ballot in November 2024. Based on prior discussions with the Council committee on the Charter and Council Member comments at prior Council meetings, the City Attorney has drafted proposed language for Council review and comment. In addition to the proposed Charter language the staff report also lays out the timelines and actions to follow in order to meet the deadline to submit the Charter election to the County by August 9, 2024. STAFF RECOMMENDATION That the City Council take the following action; 1. Discuss the draft City charter; 2. Provide any direction on the draft City charter language; or 3. Take such additional, related, action that may be desirable. A charter acts as a constitution for a city. Article XI, section 3(a) of the California Constitution grants cities' voters the ability to adopt a charter. The City Council may adopt a charter, but to go into effect it must be approved by the City's voters. On January 24, 2023, then Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the City's potential conversion to a charter city. The City Council continued the discussion to its February 14, 2023, meeting at which it established a charter committee consisting of Mayor Ly and Councilmember Armenta. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions as well as information provided by the League of California Cities on the various items that could be included in a new City charter. The charter committee shared its observations AGENDA ITEM 6.A City Council Meeting March 26, 2024 Page 2 of 4 provisions as well as information provided by the League of California Cities on the various items that could be included in a new City charter. The charter committee shared its observations with the City Council at its September 26, 2023 meeting and the Council discussed whether it wanted to adopt a city charter and the terms of any charter. The City Council's discussion of the proposed charter continued to its October 10, 2023 meeting. Before the City Council now is a draft of City charter based on the terms recommended by the City Council. Public Hearing Requirements to Adopt a City Charter Before submitting the proposed charter to the voters, the City Council must hold at least two public hearings on the charter as required by Government Code Section 34458. Notice of these hearings must be published in a community newspaper and in three public places at least 21 calendar days before each public hearing. The second public hearing must be at least 30 days after the first public hearing. At least one of the public hearings must be a special meeting held outside of normal business hours to facilitate public participation. After holding the two public meetings, the City Council must then adopt a motion submitting the proposed charter to the City's voters. The City Council, however, must wait 21 days after the second public hearing before adopting this motion. Tonight's meeting and the April 9, 2024 meeting are not public hearings as provided above, as they are for the Council to discuss the Charter, and there would not be time to notice for April 9, therefore they cannot count towards the City's two hearings required under Government Code Section 34458. At the April 9a' hearing, staff would need to also obtain direction from the Council on dates for the Council's two required public hearings. As confirmed by the County Elections office, the cutoff date to submit the proposed charter to the County Clerk to get on the ballot for the November 2024 statewide general election is 88 days before the election, which would be August 9. 2024. Theoretically, the latest the City could post notice of the fust public hearing on the proposed charter and still submit the charter to the County Clerk is May 28, 2024. To hold two public hearings, 30 days apart before submitting the measure to the County, the following dates are being proposed: • Publication of first Notice of a Public Hearing is May 6, 2024, in the newspaper. • The first public hearing meeting can be scheduled for May 28, 2024 (21 days after Notice of Public Hearing publication of May 6, 2024). • Publication of second Notice of a Public Hearing is June 6, 2024, in the newspaper. • The second Public Hearing Meeting can be held after June 27th (30 days after the fust public hearing meeting of May 28, 2024). City Council Meeting March 26, 2024 Page 3 of 4 If the City Council holds a special meeting on Tuesday, July 2, 2024, the City Council could vote to submit the proposed measure to voters at the July 23, 2024 City Council meeting (21 days after the second public hearing meeting is held per Gov. Code 34458). After approval by the City Council of the proposed measure, the City Clerk will submit the proposed measure and resolutions calling for a special election by August 9, 2024 (88 days before the November 5, 2024, Statewide General Election). Terms of Proposed Charter Under the proposed charter, the City would retain its council-manager form of government and the number, eligibility, salaries, and election of Councilmembers would not change. The table below highlights some of the key differences between the proposed charter and the City's current general law city status. Subject Matter General Law City Rosemead Proposed Charter Municipal Code Term limits May provide for term No term limits Term limits would be limits. Cal. Const. art. imposed after five A, 5 5(b); Cal Gov't consecutive four-year Code Section 36502 terms (either by election (b) or appointment). Partial terms would count as full terms. Would only apply prospectively Prosecuting Authority City only has the Follows State law Would give the City authority to enforce its authority to establish municipal code unless office of City Prosecutor it receives consent with authority to from County District prosecute City Attorney ordinances and certain State misdemeanors Economic City has limited N/A Power to Utilize Development authority to support revenues from the economic general fund to development projects encourage, support and within the City promote economic development Purchasing and Cities must follow Municipal Code Would give Council Contracts State law on Chapters 3.24 authority to adopt own competitive bidding (Purchasing purchasing and System for Non- contracting procedures Public Works by ordinance Contracts) and City Council Meeting March 26, 2024 Page 4 of 4 FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Rachel Richman, City Attorney Attachments: 1. Draft City Charter 2. September 26, 2023 Staff Report (Discussion on Establishing a Charter for the City) 3. October 10, 2023 Staff Report (Continued Discussion on Establishing a Charter for the City) 3.28 (Public Project Bidding Procedures) follow State requirements for when formal and informal purchasing procedures are permitted Preference for Must follow No preference for Would give Council Veterans contracting veterans or authority to adopt procedures. Public disabled veterans ordinance to give Contracting Code veterans and disabled permits cities to grant veterans a credit of preferences to additional points in disabled veterans, but awarding contracts and not veterans other provisions permitted under law FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Rachel Richman, City Attorney Attachments: 1. Draft City Charter 2. September 26, 2023 Staff Report (Discussion on Establishing a Charter for the City) 3. October 10, 2023 Staff Report (Continued Discussion on Establishing a Charter for the City) Attachment A Draft City Charter CITY OF ROSEMEAD CITY CHARTER t_:U_ We, the people of Rosemead enact this Charter to preserve and enhance the economic and social quality of life in our community. Resolutely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City. We do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Rosemead and to ensure that all municipal affairs that may be controlled by the City as a local control shall be. ARTICLE 1 GOVERNANCE Section 1.1. Incorporation and Succession The City shall continue to be a municipal corporation known as the City of Rosemead. The boundaries of the City of Rosemead 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 takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the City at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 1.2. Council -Manager Form of Government The municipal government established by this Charter shall be known as the "Council -Manager" form of government. Section 1.3. Governing Body The City shall be governed by a City Council composed of five Council Members. The adoption of this Charter shall not in any way alter the current terms of sitting Council Members or the date of elections for City Council. Section 1.4. City Council Salaries Council Members shall receive compensation for their services in accordance with the provisions of State law. 4970-7410-6252 v3 Section 1.5. Eligibility for City Council Only persons meeting the requirements set forth in the general laws of the State of California shall be eligible to run for City Council. Section 1.6. Elections for City Council Members All elections shall be held in accordance with the provisions of the California Elections Code governing municipal elections. Section 1.7. Council Vacancies The determination as to when a Council Member has vacated their Council seat and the process for filling such vacancy shall be as set forth in the California Government Code. Section 1.8. Term Limits The purpose of this section is to create more competitive elections by ensuring that periodically the advantages of incumbency of a City Council Member will yield to increased citizen participation in seeking elective office. No person shall be a candidate for election to the office of City Council Member after having served as a City Council Member for five consecutive four-year terms, either by election or appointment. This section shall apply prospectively only, and neither the current term as of the effective date of this Charter, nor any prior terms, of sitting Council Members shall be counted as one of the five consecutive four-year terms described herein. Any person who, either by appointment or election, serves a partial term of office as a member of the City Council shall be deemed, for the purpose of this section, to have served a full four-year term. Any member of the City Council who resigns or is removed from office during a term shall be deemed to have served a full term. ARTICLE 2 MUNICIPAL AFFAIRS Section 2.1. Municipal Affairs The City Council may adopt and enforce all ordinances, resolutions, rules and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in this Charter, the United States and California Constitutions and applicable, laws and decisions of courts with competent jurisdiction. With respect to any municipal affair not expressly addressed in this Charter, until such municipal affair is expressly addressed in this Charter, or until the City legislates over such municipal affair by the adoption of an ordinance(s), the general laws of the State of California shall govern. 4870-7410-6252 v3 Section 2.2. Powers of the City This City shall have all powers that a City can have under the Constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. The enumeration in this Charter of any particular power, duty or procedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. The City shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. This Charter shall be liberally construed to vest the City with all legal authority and powers necessary to protect the health, safety and general welfare of all of the citizens of the City. No person, firm or corporation shall ever exercise any franchise, license, permit, easement, privilege or other use, except in so far as he or it may be entitled to do so by direct authority of the Constitution of the State of California, or of the Constitution or laws of the United States, in, upon, over, under or along any street, highway or other public place in the City unless they shall have first obtained a grant therefor in accordance with the provisions of this Charter. Franchises shall be granted by the City Council only in the time and manner, and for such purposes, as may be prescribed or authorized by the constitution or by applicable laws of this state. The City may exercise all or any of the powers herein set forth singly or jointly with other public agencies in the manner provided by general law. Section 2.3. Enterprises The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Section 2.4. Economic Development The City shall encourage, support, and promote economic development and community development in the City. The City shall have the power to utilize revenues from the general fund to encourage, support and promote economic development. The City may undertake economic development activities for the purpose of promoting the general health and welfare of the inhabitants of the City, job creation, improving market rate and affordable housing options, improving retail and commercial options, improving dining, entertainment and recreation options, and improving the City's tax base thereby furthering the City's ability to enhance and provide municipal services to its residents. The economic development activities authorized by this section are municipal affairs. 4870-7410-6252 v3 Section 2.5. Officers and Employees The City Council may, by ordinance, establish a merit system for City employees. Such system may include provisions for the method of the selection of employees, the classification, advancement, suspension, discharge, termination of such employees, and the consolidation and elimination of positions. The said merit system shall apply as to each office or position of employment with the City, except: A. Elective and appointive officers; B. Part-time or temporary officers and employees; and C. Members of boards and commissions. Such system may be established or amended, by ordinance of the City Council, from time to time, as may be required in the discretion of the City Council in the public interest. Section 2.6. City Prosecutor The City shall have the authority to establish an office of City Prosecutor. Such establishment will be by adoption of ordinances and resolutions which direct the City Attorney or another qualified attorney to prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter, City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. Section 2.7. Fines, Penalties and Cost Recovery The City shall have the power to enact ordinances providing for different penalties for violations of its ordinances, and/or this Charter, and to prescribe in such ordinances, forfeitures, penalties and punishments for the violation thereof, which punishment shall be by fine or imprisonment, or by both fine and imprisonment. Section 2.8. General Law Powers Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or hereafter granted or prescribed by the general law of the State of California. All general law powers of cities in California are hereby declared to be possessed by the City. 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 3 Fiscal Matters Section 3.1. Purchasing and Contracts The City Council may, by ordinance, adopt purchasing and contracting procedures, thresholds and requirements within its municipal affairs authority. 4870-7410.6252 v3 Section 3.2. Preference for Veterans The City Council may, by ordinance, adopt purchasing and contracting procedures, which give to veterans and disabled veterans a credit of additional points, preference or increased grading in the determination of awards of contracts. Documentary proof of eligibility for Veteran's Preference Credits and exemption from the eligibility limitation must be submitted prior to approval of the City. In the case of a tie grade between a veteran and non -veteran, the veteran shall be ranked highest. Section 3.3. Reductions Prohibited Revenues raised 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. Section 3.4. Mandates Limited No person, whether elected or appointed, acting on behalf of the City shall be required to perform 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 said mandating authority. ARTICLE 4 AMENDMENT 4.1 Amendment This Charter and any of its provisions may be amended by a majority vote of the electors voting on the questions. Amendment, revision or repeal may be proposed by initiative or by the governing body. ARTICLE 5 INTERPRETATION Section 5.1. 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 5.2. 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 remain enforceable to the fullest extent permitted by law. 4670.7410-6252 v3 Attachment B City Council Staff Report Dated September 26, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 26, 2023 SUBJECT: DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY V t'3 1 The City Council has had discussions related to creating a charter for the City upon which the residers could then vote on to approve or deny. As a part of the discussion a committee was established which included Mayor Ly and Councilmember Anmenta. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions as well as the information provided by the League of Cities on the various items that could be included in a new city charter. The Committee presented questions that were looked into by the City Attorney to allow for further discussion as well. At the conclusion of those meetings, it was determined that before taking further review and consideration on the overall Charter, there were items which the Committee wanted to have a discussion with the full Council on to see if they wanted to include certain provisions in the Charter different than what State law provides, where so authorized. In addition, the Committee wanted to share with the Council its thoughts on other various subject matters and to hear from the full Council. DISCUSSION To assist the Committee, it followed the League's chart on items to consider in a charter. The Council had been provided a copy of this chart previously. A new chart is attached to the staff report. This chart now includes an additional column where there where responses provided to the Committee based on questions asked. There is also information on the Committee's position on an item. For example did they want to defer to state law on the topic and include provision to that effect or not or if they wanted full Council input on an item. The Chart is attached with the additional column of information as well as noting the sections the Committee wanted to discuss in more detail which are highlighted as well as noted with Tbese items include: AGENDA ITEM 7.1) City Council Meeting September 26, 2023 Page 2 of 2 • Elections • Term Limits • Contracting Services (want to see what consultant recommends) • Power to create an office of city prosecutor to prosecute misdemeanor violations of state law As it relates to the timing of a potential election on the charter, the Election Code has limitations on when an initiative to become charter law city can be considered by the voters. As confirmed by the County Elections office, Elections Code Section 1415 and 9255, provide that a new charter proposal measure has to be voted on at a statewide general election which occurs in November 2024. The cutoff date to submit the matter to the County is 88 days before election, which would be August 9, 2024. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL EWPACI' There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Kaci ezxic dflao Rachel Richman, City Attorney Attachment: Committee Updated Chart with Comments �c _, 24, � {�\! §k ( t(� ��k §!eE 0 )2o �� ) ■ 7}M §K2 7%7# �E k`0 �§�0 CM S Z»|Mc Ek ;2 \ ��\ \ f«\((D OR t,�| _\(§ {!mak k!k\� ),=2 afM. &k(; o0u 00 § E7k§ f« §\ ),M A zp- 0 ]( -go -5-. !.2, ( § (g\ /\§! '»-#E-J2 )/\ !om 2�-Z - �, )Jk2 k|Ua . % -kk|f■f\()! k%7ƒ;|b>Ec �2 ! 3`, i¢$}!k`! « §= -et;- CDM & =E 3.9��)!kk _ .ee�-2 0 $$§ (D- -f ar!|�\- _0 )tom}f/■kf(aU �� r %Emw §#!a§E - )==£- 81 kkmQ( �� O)0 �k \Eu 'E }\ (D ■ i O O U r0 C C C N C .Ly...L.. 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C a foo �7 ap a lzu v C L6 _21 e a= of c c amt N r kc� k � � � \ { E \ �\ 3z , # ®{� \ L% kE � 0 » !§\2§ {)§{7-a=CL kD 'm Ee£;74W�#o kc2 �§ §k{\) \J�/k E§{«} .2;=- �=■�o`a cL § f-=2®®|,,\§aM .o , ;■##°©`:`a kk{\$ k)klf7kwz to Rcok %%� D° ƒ o 0 k!■ .k \\\ �S/ \k) \$ © (DM\ v0f0 ;ILo> ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: OCTOBER 10, 2023 SUBJECT: CONTINUED DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY SUMMARY At the September 26, 2023, City Council meeting, the City Council continued the item for finther discussion of establishing a Charter for the City. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. 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O O, w 16 OD C V O J .r...W O.�'«O �� O`.0 0 Q co IAC ...�Oa N CON c 140) 0 rL �mC�ErCto _ y a U C N R 0 ccm tm g$ E$r cm E� $U f' w C N; A.0 r e G 5�0dm 0 C C NN L t •- 8 W- ; E t 7 N c M C O G x c m e om�� 85rna`i�`�i � W 24 0'0 81 0 agCCLi o�.c ` �� list:- L� m m.0 C Cc LD 41 �a�L $t rnm Wm�m0E ti S C9 Opr 00 fola}apa L32Ua o Ho am ` mgU k$� a'b.41W� acffi$8.� m' a U W 44, N t c @ a 'vma0ic ohm C $ c W aE E EffiWpm �rcY�Ea c�mco� ayo $ u�.m8 N8�$`0CD - r ro W = 3 _ iii � X333{F0d r - , G -M+ N � = m p fpQO� 0 pa�rm� ONS �g��_8 �V EV° y:N E$� W U pp 1! v a � amt N Y m 4 \2) ±�k \§ k{ M 0 0 k� !! | \ Q 2 E u , 2o OF -6 » - #{k§ N0E� aw0.0 k&'a0 ■salt -,�a|�fs ' «a,{/! \)f (k 0m c ] -±- 2 ,��\ °i) (DmE )�}{CL E/ \kI 6d#g k)kaf�k§}§ k§ a§\ 3 |§§ t!2 !� °®§ 3 7f 0 2r � k -ik ' o Z•, o ]]a {�> f)) 0�© °) �.c) � 0 .:�o> Attachment C City Council Staff Report Dated October 10, 2023 Attachment G Notice of Public Hearing MAYOR: SrEVENLv MAYOR PRO TEM: MARGARET CLARK SANDRA ARA A SEAN DANG Pour Low City of Rgsemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 569-2303 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROSEMEAD ON MAY 28, 2024 NOTICE IS HEREBY GIVEN that the Rosemead City Council will conduct a public hearing on Tuesday, May 28, 2024, at 7:00 PM, at Rosemead City Hall, located at 8838 East Valley Boulevard, Rosemead, California 91770. Remote public comments will be received via email at publiccomment@cityofrosemead.org by 5:00 p.m. on May 28, 2024. Interpreters will be available to assist members of the public that speak Chinese (Cantonese & Mandarin), Spanish, and Vietnamese. All comments are public record and will be recorded in the official record of the City. If you have a request for accommodation under the ADA, please contact Ericka Hernandez, City Clerk, at (626) 569-2100. The Rosemead City Council is evaluating the potential of transitioning from a general law city to a charter law city. A general law city is bound by the state's general law, regardless of whether the subject concerns a municipal affair. A charter city has supreme authority over "municipal affairs" and thus can govern on matters of the City. Under the proposed charter, the City would retain its council- manager form of government. Matters of municipal affairs that would be modified under the proposed charter include term limits, prosecuting authority, economic development matters, purchasing and contracts authority, and preference for Veterans in awarding contracts permitted by law. Before submitting the proposed charter to the voters, the City Council must hold at least two public hearings on the charter as required by Government Code Section 34458. The first public hearing is scheduled for Tuesday, May 28 at 7:00 p.m. in the City Hall Council Chamber. For further details on this proposal, please contact Ericka Hernandez, City Clerk, at (626) 569-2100 or ehemandez@cityofrosemead.org. In addition, the City Council Agenda and Staff Report will be available on the City's website under Agendas and Meeting and the "City Calendar" (www.cityofrosemead.org) at least 72 hours in advance of the public hearing. Any person interested in the above proceedings may appear at the time and place indicated above to testify in support of, or in opposition to, the item(s) indicated in this notice. Notice and Publication Date: May 6, 2024 -6-9: STEVEN LY 1214VA: MARGARET CLARK Van: SANDRA ARAff A SEAN DANG POLLY Low 9iA 9 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 569-2303 �4�7K�Sd8 eB 2024 * 5 A 28 E3 *9LAO, 2024 5 A 28 p&.M=A, -L 7:00, Ii a r i7�a� a a ttb,ti: 8838 East Valley Boulevard, Rosemead, California 917700 i� 1q?5 �[A� z� Tr 2024 5 A 28 QT `r 5:00 z �9 i A� 1 i publiccomment@cityofrosemead.orgop��#1aiA,� A,�i31 q. A�EifJ�v� J -K4 �T c �4� 0� "7` o2.�JC f11J f ��70� 0 �Q1,ujj ADA # :JIT ARA, gyp-m4Trl}f)� Ericka Hernandez, (626) 569-21000 'Ac,`�/T4i a'&-ET4. Oita ta-I'd )��ic�i'PJl�l7]�Lg�lS-4t1� al�'NJ(�ZiB'L�Zy 7"7io 9cUTT'�R ``��T�{.�jyHy��*gg�>I7'Vl��h-ua-�}��1g�g��/��I�DDI }�#f]I�ali7Nl.'C IJ. , n«<A R A, 7mY.R9TU C]niJ# YVC ��lJCl'L�. W. %/Ti TJi1 .Z.Gi,IJI 7G 'I o rl -1s2` *43CJJ�jIX34458 T: 12',Z o 9 o 5 A 28 E3 -*M=0% -L 7:00j r30110fT. Ericka Hernandez, 405-M (626) 569-2100 i $1 ehernandez@cityofrose mead.orgo 10�, -rTa R 11f) -,A 72 W&; "r IIS AA f-TfT" (www.cityofrosemead.org)o Rim ALCALDE: STE NLY ALCALDESA PRO TEM1 MA GA TclA CONCEIALES: SANDRA ARM1 A SEANDANo Pou Y Low Ciudad de &semead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELL`FONO (626) 569-2100 FAX (626) 569-2303 ANUNCIO DE AUDIENCIA PUBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD DE ROSEMEAD EL 28 DE MAYO DE 2024 POR LA PRESENTE SE NOTIFICA que el Conejo Municipal de Rosemead llevarA a cabo una audiencia publica el Martes, 28 de Mayo de 2024, a las 7:00 PM, en el Conejo Municipal de Rosemead, ubicado en 8838 East Valley Boulevard, Rosemead, California 91770. Los comentarios publicos a distancia se recibirAn por email en publiccomment@cityofrosemead.org antes de las 5:00 p.m. del 28 de Mayo de 2024. HabrA intdrpretes disponibles para ayudar a los miembros del publico que hablen chino (cantons y mandarin), espailol y vietnamita. Todos los comentarios son publicos y quedardn registrados en el archivo oficial de la Ciudad. Si usted tiene una solicited de acomodaci6n bajo el ADA, por favor contacte a Ericka Hernandez, Secretaria Municipal, at (626) 569-2100. El Conejo Municipal de Rosemead estA evaluando la posibilidad de hater la transici6n de una ciudad de derecho general a una ciudad de derecho constitutional (charter law). Una ciudad de derecho general estA sujeta a la ley general del estado, independientemente de si el tema se refiere a un asunto municipal. Una ciudad charter tiene autoridad Suprema sobre los "asumos municipales" y, por tanto, puede gobemar en asuntos de la Ciudad. Bajo la constituci6n propuesta, la ciudad mantendria su forma de gobiemo de concejo-administrador. Los asuntos municipales que se modificarian con la constituci6n propuesta incluyen los limites de mandatos, la autoridad fiscal, los asumos de desarrollo econ6mico, la autoridad de compras y contratos y la preferencia por los Veteranos en la adjudicaci6n de contratos permitida por la ley. Antes de presentar la constituci6n propuesta a los votantes, el Conejo Municipal debe llevar a cabo al menos dos audiencias publicas sobre la constituci6n, tal coma to exige la Secci6n 34458 del C6digo de Gobierno. La primera audiencia publica est6 programada para el Martes 28 de Mayo a las 7:00 p.m. en la Camara del Conejo Municipal de la Ciudad. Para mas detalles sobre esta propuesta, por favor contacte a Ericka Hernandez, Secretaria Municipal, al (626) 569-2100 o ehemandez@cityofrosemead.org. AdemAs, la Agenda del Conejo Municipal y el Informe del Personal estaran disponibles en el sitio web de la Ciudad bajo Agendas y Reuniones y el "Calendario de In Ciudad" (www.cityofrosemead.org) al menos 72 horns antes de la audiencia publica. Cualquier persona interesada en los procedimientos arriba mencionados puede comparecer en el lugar y hora indicados para testificar a favor o en contra del item o items indicados en este aviso. TRI TRUbNG: STEVENLY TRI TRIrdNG LAMTH(h MARGARET Cw UY VIIN HQI DONG: SANDRA AR EwA SEAN DANG PGLLY LOW glianh Pho 1psemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 D" THOM (626) 569-2100 FAX (626) 569-2303 THONG CAO VE PHIEN DIft TRAN CONG KHAI TRVOC HQI HONG THANH PHO CUA THANH PHO ROSEMEAD VAO NGAY 28 THANG 5 NAM 2024 CHUNG TOI XIN THONG BAO TAI DAY rang Hoi Dong Thanh Pho Rosemead sE titin hanh mot phien dieu tran c6ng khai vao thfr Ba, ngay 28 thane 5 nim 2024 vao luc 7 eia tr tai Toa Thi Chinh toa lac 6 so 8838 dubng East Valley Boulevard, Rosemead, California, 91770. Y kien cua ngubi din dong g6p tir xa se dugc tiep nhdn qua email giri t6i publiccomment@cityofrosemead.org trnr6c 5 gib chieu ngay 28 thing 5 nim 2024. Se co sin thong dich vien de" giup da ngum din not tieng Tau (tieng Quang Dong va tieng Hoa pho thong), tieng Tay Ban Nha va tieng Viet. Tat ca cac y kien deu la ho so c6ng va se dugc dua vao ho so chinh thfrc cua Thanh Pho. Neu co yeu can vel pbuong titin phu trg theo Dao Ludt Ngubi My Khuyet Tat (ADA) thi xin vui long lien he v6ri Luc Su Thanh Pho Ericka Hernandez thea so (626) 569-2100. Hoi Dong Thanh Pho Rosemead dang danh gia kha ndng chuyen tir thanh pho hoat dong theo ludt le pho quit sang thanh pho boat d6ng theo hien chlrang. Mot thanh pho boat dong theo ludt le pho quit bi rang buoc b6i ludt le pho quit cua tieu bang, bat ke van de do co lien quan den c6ng vu thanh pho hay kh6ng. Mot thanh pho hoat dong theo hien chuang co tham quyen tai cao ve "c6ng vu thanh pho" va do d6 c6 the quyet dinh cac van de' cua thanh ph -a. Theo hien chuong de xuat, Thanh Pho se gift nguyen hinh thirc chfnh quyen do hoi dong quan ly. Cie van de thuoc c6ng vu thanh pho se duoc sira doi theo hien chuong de xuat bao gom gi6i han nbiem ky, tham quyen khoi to, cac van de" phat trien kinh te, tham quyen mua va ky ket hop dong, va w titin cho cru chitin bink trong viec trio cac hgp dong duqc phap ludt cho phep. TITr&c khi trinh hien chuang de xuat len cir tri, Hoi Dong Thanh Pho phai to chat it nkat hai phien dieu tran cong khai ve hien chuang theo yeu cau cua Muc 34458 cua Bo Ludt Chinh Phu. Phien dieu tran c6ng khai dau titin du kien sE dien ra vao thfr Ba, ngay 28 thing 5 vao luc 7 gia tai b Ph6ng Hop Hoi Dong tai Toa Thi Chinh. De" biet them chi tiet ve de xuat nay, xin vui long lien he Luc Su Thanh Pho Ericka Hernandez theo so (626) 569-2100 hoic qua email: ehernandez@cityofrosemead.org. Ngoai ra, Chuang Trinh Nghi Su cua Hoi Dong Thank Pho va Bao Cao Cua Ban Nhan Vien se co sin tren trang ming cua Thanh Pho du6i muc "City Calendar" (www.cityofrosemead.org) it nhat 72 tieng tnr6c phien dieu tran c6ng khai. Bat ky ngubi nao duan tam t6i dieu dien ra b tren co the xuit hien tai ngay, gib va dia diem neu tren de" ung ho hay phan 68i (cac) muc dugc chi ra trong thong cao nay.