Loading...
CC - Item 4A - Public Hearing - Adoption of Resolution No. 2024-41 Approving Placement of a City Charter on the November 5, 2024 General Election BallotROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: JULY 23, 2024 SUBJECT: PUBLIC HEARING - ADOPTION OF RESOLUTION NO. 2024-41 APPROVING THE PLACEMENT OF A CITY CHARTER ON THE BALLOT OF THE NOVEMBER 5, 2024 GENERAL ELECTION AND CALLING OF A SPECIAL MUNICIPAL ELECTION AND CONSOLIDATING THE CHARTER MEASURE WITH THE GENERAL ELECTION AND ADDITIONAL DIRECTION REGARDING THE BALLOT MEASURE AS PROVIDED FOR UNDER THE ELECTIONS CODE SUMMARY Cities in California are either general law cities or charter cities. General law cities may only adopt and enforce ordinances and regulations that are consistent with the laws of the State of California. In contrast, charter cities which are authorized by the California constitution may adopt and enforce ordinances and regulations regarding municipal affairs subject only to the limitations contained in the city's charter. The City of Rosemead is a general law city. The City Council has been discussing converting to a charter city by placing a city charter on the ballot at the November 5, 2024 election. At its March 26, 2024 meeting, the City Council directed that a draft charter be set for public hearing pursuant to State law. As required by State law, the City then conducted two public hearings on the proposed charter on May 28 and 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 purpose of this meeting is to consider whether to approve Resolution No. 2024-41, placing the proposed charter on the ballot at the November 5, 2024 election. If the City Council approves Resolution No. 2024-41, the City would not become a charter city. Only the City's voters can authorize a conversion of the City from a general law to a charter city. A majority of the City's voters must approve the measure for the City to become a charter city. AGENDA ITEM 4.A City Council Meeting July 23, 2024 Page 2 of 7 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. Since 2023, several Charter Committee meetings were held as well as several City Council meetings to discuss the merits of becoming a charter city and what provisions to include in the charter. At its March 26' Council meeting, the Council directed that public hearings be held to receive further public input regarding the draft charter. The City held public hearings on the proposed charter on May 28 and June 27, 2024. 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. CHARTER BALLOT ITEMS TO BE DISCUSSED AND DETERMINED BY COUNCIL TO BE REFLECTED IN RESOLUTION 2024-41: The below items are items in the required Resolution to send the Charter Measure to the County for the November 5, 2024 election. If there are changes to the below, they can be read into the record to reflect the changes in the Resolution to the extent the draft Resolution does not reflect the direction. 1. Proposed Ballot Language: "Shall the City of Rosemead Charter be adopted to establish Rosemead as a charter city to have more authority over municipal affairs, imposing term limits on City Councilmembers, establishing the position of City prosecutor, permitting use of City funds for economic development, continuing following California law for compensating Councilmembers, and giving the City Council authority to adopt an ordinance giving veterans and disabled veterans preference in awarding contracts?" There are various restrictions that the Elections Code and County places on Ballot Measure language of most importance it cannot exceed 75 words and must be an accurate summary to avoid challenge. The above has 68 words. The language used is consistent with other similar charter measure summaries. ➢ Recommend that the City Council approve the above Ballot Language for the Resolution. City Council Meeting July 23, 2024 Page 3 of 7 2. City Council Request for Letter Designation for Charter Ballot Item: The County Register Recorder will assign letter designations for each local measure on the ballot. Letter designations are assigned in alphabetical order commencing with county measures and then other local measures (city, school and special districts) in alphabetical sequence. If so desired the City Council may request a specific letter designation. An alternate choice should also be submitted in case the requested letter designation has already been assigned to another jurisdiction. If those letters are not available, the County will designate a letter available. ➢ Recommend that the Council determine if it wants to select a letter(s) to designate the Ballot measure and if so what the letter(s) should be. 3. Impartial Analysis and Arguments for and Against the Charter Measure If the City Council adopts Resolution No. 2024-41, placing the charter measure on the November 5, 2024 ballot, then the City Attorney will be directed to prepare an impartial analysis and arguments in favor and against the charter measure will be published. Resolution No. 2024-41, authorizes the City Attorney to prepare an impartial analysis on or before August 16, 2024, of the ballot measure showing the effect of the measure on the existing law and operation of the measure. Arguments in favor and against the proposed charter may also be submitted. Arguments in favor and against the Charter Measure must be filed with the City Clerk no later than 12:00 p.m. on Friday, August 16, 2024, signed, with the printed name(s) and signature(s) of the author(s) submitting them, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. Arguments cannot exceed 300 words and cannot be signed by more than five people. The City Council, any Council Member, any registered voter, any bona fide association of citizens, or any combination of voters and associations may file a written argument for or against the charter measure. The City Council may also submit an argument in favor of the measure on behalf of the Council. If no Council argument is directed, Councilmembers may do so. If multiple Council Members want to submit multiple arguments for or against the charter measure, then the City Council should determine how to determine which argument shall be selected by the City Clerk as the official argument to be placed in the voter information guide. A rebuttal argument may also be filed. The last day for filing rebuttal arguments for or against the ballot measure shall be submitted during regular business hours on or before Monday, August 26, 2024 at 6:00 p.m. and all such arguments shall be filed with the City Clerk, and shall not exceed 250 words. ➢ Recommended that the City Council determine if it wants to submit an argument in favor of the measure and potential rebuttal and designate up to two Councilmembers to submit on behalf of the Council as whole or in part of the Council. City Council Meeting July 23, 2024 Page 4 of 7 4. What to Print of the Measure in the Ballot: Due to costs, the Election Code and County do not require the full ballot measure be printed in the ballot booklet. The County provides three options: 1. Ballot Measure question only; 2. Ballot Measure question and include Official Sample Ballot Notice advising voters to call the City Clerk's Office and request a free copy of the ballot measure (OR) that the City will be sending voters a supplemental mailing; OR 3. Ballot Measure question and including Full Ballot Measure Text in the Official Sample Ballot Booklet. In addition to all the above the City Clerk will provide on the City's website and City Hall the full text of the Charter. ➢ It is recommended that the City Council determine what Ballot Text to include. Summary Differences between General Law and Charter Cities In addition to the below, further discussions on Charter Law versus General Law are included in the attachments to the staff report which were the items included for the two required public hearings. 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. A similar lawsuit brought 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 and is included as Attachment B. City Council Meeting July 23, 2024 Page 5 of 7 Subject Matter General Law City Rosemead Proposed Charter Municipal Code General Charter Law None None Provides that to the extent Powers 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 forterm No term limits Term limits would be imposed limits. Cal. Const. art. XI, after fivefour-yearterms. § 5(b); Cal Gov't Code Partial terms would count as Section 36502 (b) full terms. Would only apply prospectively Prosecuting City only has the authority None Would give the City authority Authority to enforce its municipal to establish office of City code unless it receives Prosecutor with authority to consent from County prosecute City ordinances and District Attorney certain State misdemeanors Economic City has limited authority N/A Power to utilize revenues from Development to support economic the generalfund to encourage, development projects support and promote within the City economic development Purchasingand Cities must follow State Municipal Code Would give Council authority Contracts law on competitive Chapters 3.24 to adopt own purchasing and bidding (Purchasing contracting procedures by System for Non- ordinance Public Works Contracts) and 3.28 (Public Project Bidding Procedures) follow State requirements for when formal and informal purchasing procedures are permitted Preference for Must follow contracting No preference for Would give Council authority Veterans procedures. Public veterans or to adopt ordinance to give Contracting Code permits disabled veterans veterans and disabled cities to grant preferences veterans a credit of additional to disabled veterans, but points in awarding contracts notveterans where permissible City Council Meeting July 23, 2024 Page 6 of 7 STAFF RECOMMENDATION The City Council discuss and determine as follows: 1. As it relates to items to include in Resolution No. 2024-41: ➢ Ballot Language for the Resolution. ➢ If the Council wants to select a letter(s) to designate the Ballot measure and if so what the letter(s) should be. ➢ If the Council wants to submit an argument in favor of the measure and potential rebuttal and designate up to two Councilmembers to submit on behalf of the Council as whole or in part of the Council. ➢ City Council determine what Ballot Text to include. 2. Consider whether to adopt Resolution No. 2024-41, placing a proposed Charter for the City on the ballot at the November 5, 2024, election for the City's voters; Call for special municipal election and request that the Los Angeles County Board of Supervisors consolidate the charter measure with the proposed General Election on November 5, 2024; and 3. Provide additional direction related to the Charter Ballot Measure as necessary. FISCAL IMPACT The County has estimated that the initial cost to consolidate the election will be approximately $92,100. However, that amount is also impacted by whether the Council wants to publish the entire Charter in the Ballot materials which will increase the overall cost of the election. The cost of the election is adequately covered by the General Fund (Fund 101) contingency fund budget in Fiscal Year 2024-25. ENVIRONMENTAL 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 and as required under the Elections Code City Council Meeting July 23, 2024 Page 7 of 7 Prepared by: Ra wI R%cYuna w Rachel Richman, City Attorney Attachments: A. Resolution No. 2024-41 with Exhibit A — Draft Charter B. Staff Report and attachments of Second Public Hearing on June 27, 2024 C. Notice of Public Hearing for July 23, 2024 Attachment A Resolution No. 2024-41 with Exhibit A — Draft Charter RESOLUTION NO. 2024-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE PROPOSING THE ADOPTION OF A CHARTER AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024; APPROVING THE BALLOT LANGUAGE FOR THE MEASURE; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED CHARTER; PROVIDING DIRECTION ON RELATED BALLOT ACTIONS; CALLING OF A SPECIAL MUNICIPAL ELECTION AND REQUESTING THAT THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY CONSENT TO THE CONSOLIDATION OF THE BALLOT MEASURE WITH THE SPECIAL AND GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 PURSUANT TO ELECTIONS CODE SECTION 10403. WHEREAS, cities in California are either general law cities or charter cities; WHEREAS, general law cities may only adopt and enforce ordinances and regulations that are consistent with the laws of the State of California; WHEREAS, charter cities may adopt and enforce ordinances and regulations regarding municipal affairs subject only to the limitations contained in the city's charter; WHEREAS, the City of Rosemead is a general law city; WHEREAS, Article XI, section 3(a) of the California Constitution grants cities' voters the ability to adopt a charter by a vote of a majority of City voters voting at an election called for that purpose; WHEREAS, after over a year of discussions and committee meetings, a proposed charter was presented to the City Council on March 26, 2024, and the City Council directed that the charter be set for public hearings pursuant to California law; WHEREAS, the City Council conducted two public hearings on May 28 and June 27, 2024 and received public testimony regarding a proposed charter; and WHEREAS, pursuant to California Government Code Section 34458(b), this resolution is being adopted at a City Council meeting which is at least twenty-one (2 1) calendar days after the second public hearing referenced above; and WHEREAS, pursuant to California Elections Code Sections 1415 and 9255, the City Council is authorized by statute to submit the proposed Charter to the voters at the General Municipal Election to be held on November 5, 2024; and WHEREAS, the City Council finds that the proposed Charter is now in the form that is suitable for presentation to the voters of Rosemead. WHEREAS, the City Council desires to take additional actions as necessary related to the Ballot Measure as provided for under the Elections Code. WHEREAS, the City Council desires to request the Los Angeles County Board of Supervisors to consent to the measure being added to the Special and General Election being held on November 5, 2024. NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as follows: SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof. SECTION 2. Submission of Charter. Pursuant to its right, power, and authority under the California Constitution, the laws of the State of California, the City Council on its own motion hereby orders submitted to the voters of Rosemead at the General Municipal Election to be held on November 5, 2024, proposing the adoption of the Charter attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full ("Charter Measure"). The question to appear on the ballot for voter consideration shall be as follows: Shall the City of Rosemead Charter be YES adopted to establish Rosemead as a charter city to have more authority over municipal affairs, imposing term limits on City Councilmembers, establishing the position of City prosecutor, permitting use of City funds for economic development, continuing following California law for compensating NO Councilmembers, and giving the City Council authority to adopt an ordinance giving veterans and disabled veterans preference in awarding contracts? SECTION 3. Letter Designation. The City Council requests the following letter be designated to the Ballot Measure: . If that letter is not available, the City Council requests the Ballot measure be designated the letter . If that letter is not available, the Charter Measure shall be designated by letter by the Los Angeles County Elections Department. [City does not need to select a letter] SECTION 4. Text of Charter Measure to be included: City Council directs having the question above in Section 3 to be printed in the ballot and include Official Sample Ballot Notice advising voters to call the City Clerk's Office to receive a free copy of the ballot enclosure. This option is further described as Option 2 in the County Municipal Information Booklet. In addition, the City Clerk will have the full text of the Charter available on the City's website at www.cityofrosemead.org. [Council may choose to include full Text of Charter Measure or only summary to be voted on] SECTION 5. Majority Vote Required. The vote requirement for the measure to pass is a majority (50% + 1) of the votes cast. SECTION 6. Impartial Analysis. The City Council hereby authorizes and directs the City Attorney to prepare an impartial analysis of the Charter Measure showing the effect of the measure on the existing law and operation of the measure. The impartial analysis shall be submitted by the City Attorney to the City Clerk on or before August 16, 2024 at 12:00 p.m., shall not exceed 500 words in length, and otherwise shall comply in all respects with the applicable provisions of the Elections Code of the State of California. SECTION 7. Submission of Ballot Arguments. (a) Arguments in favor and against the Charter Measure shall be filed with the City Clerk, no later than 12:00 p.m. on Friday, August 16, 2024, signed, with the printed name(s) and signature(s) of the author(s) submitting them, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. Any member of the City Council is hereby authorized to prepare a written argument in favor of or against the measure. (b) Arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons. (c) Pursuant to California Elections Code Section 9285, the City Council is hereby adopting provisions for the filing of rebuttal arguments for this measure. Accordingly, if and when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against it, and copies of the argument against it to the authors of the argument in favor. Any rebuttal argument shall not exceed 250 words and shall be filed no later than 6:00 p.m. on August 26, 2024, accompanied by the printed names and signatures of the persons submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (d) The City Council may vote to delegate up to two members to author an argument for the Measure and if so authorized, also a rebuttal, on behalf of the City Council subject to the Election Code deadlines and rules. [Council not required to designate/direct an argument be filed] SECTION 8. Request to Consolidate and Conduct Election and Canvass Returns. (a) The City Council hereby calls for a Special Municipal Election for the purpose of adopting of a City Charter and requests that the Los Angeles County Board of Supervisors consolidate the election called by this Resolution with the statewide election to be conducted on November 5, 2024, and order the election to be conducted by the Registrar of Voters. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors of Los Angeles County and the Registrar of Voters of Los Angeles County. (b) The election on the Charter Measure set forth in Section 2 shall be held and conducted, the voters canvassed, and the returns made, and the results ascertained and determined as provided herein. The election shall be held in accordance with the Elections Code of the State of California. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. In all particulars not recited in this resolution, the election shall be held and conducted as provided by State law for holding municipal elections. (c) The election on the Charter Measure set forth in Section 2 shall be held in Los Angeles County in the City of Rosemead on November 5, 2024, as required by law, and the Board of Supervisors of Los Angeles County is authorized to canvass the returns of the election with respect to the votes cast in the City of Rosemead and certify the results to the City Council of the City of Rosemead. (d) At the first regular meeting of the City Council of the City of Rosemead occurring after the returns of the election for the Charter Measure have been canvassed and the results have been certified to the City Council, or at a special meeting called for such purpose if required by law, the City Council shall cause to be entered in its minutes a statement of the results of the election. (e) The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code section 10418. (f) The City Council determines and declares that the City will pay to the County actual expenses incurred by the County by the consolidation of the Special Municipal Election with the Statewide General Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 9. California Environmental Quality Act. Adopting this Resolution, in which the Council calls for an election, places a measure on the ballot, requests County to consolidate the election and takes other necessary actions regarding the election, is not subject to review under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378(a) as this is not a "project' that may cause a direct, or reasonably foreseeable indirect, physical change in the environment. If it is a "project' it is exempt under the common sense exception (12 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment. SECTION 10. Services of City Clerk. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of Los Angeles and take all necessary steps to place the Charter Measure on the ballot and to cause the Charter Measure to be printed. A copy of the Charter Measure will be made available to any voter upon request an also be placed on the City's website. SECTION 11. Other Acts Authorized. The Mayor, City Manager, City Attorney and all other appropriate employees of the City are hereby authorized and directed, to do any actions, to execute and deliver any and all documents that are deemed necessary and advisable in order to complete the process for placing the Measure on the November 5, 2024, ballot. SECTION 12. Severance. Should any section, subsection, clause or provision of this Resolution for any reason be held to be invalid, then the remainder of the Resolution shall be deemed valid, it being expressly declared that this Resolution, and each and every section, subsection, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified even if any other section, subsection, sentence, clause or phrase of this Resolution were declared invalid. SECTION 13. Effective Date. This Resolution shall take effect upon its adoption. The City Clerk shall certify to the passage of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED this 23`d day of July 2024. Steven Ly, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2024-41, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 23rd day of July 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk EXHIBIT "A" CITY OF ROSEMEAD CITY CHARTER 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. 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{252 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 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. 4870-7410-6252 v3 t Attachment B City Council Staff Report Second Public Hearing with Attachments Dated June 27, 2024 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR LY AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: JUNE 27, 2024 SUBJECT: SECOND PUBLIC HEARING PURSUANT TO GOVERNMENT CODE 34458 ON PROPOSED DRAFT CITY CHARTER SUMMARY Over the last year and a half, the City Council has been discussing becoming a charter law city and placing the issue on the ballot at the November 5, 2024, election. At its March 26, 2024, meeting, the City Council directed that a draft charter be set for public hearings pursuant to State law. This is the second public hearing required by State law on the draft charter. The City's first public hearing on the draft charter was on May 28, 2024. After holding a second hearing on the draft charter, the City Council at an upcoming meeting 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 at a regular meeting, which would be on July 23, 2024. The deadline to submit the charter to the County for inclusion on the ballot for the November election is August 9, 2024. For further details on the Charter and prior Council meetings on the Charter, please see attached staff reports from the last year plus on the Charter topic At the Council meeting public hearing of May 28, 2024, the City received three public comments as well as one in-person verbal comment. Those comments were heard and considered by the Council. At the May 28 Council meeting, two requests for additional information were made by Councilmember Clark. The first question related to whether the City can enforce a different criminal penalty from state law given the changes under Proposition 47; the second question was what State laws have Charter cities been able to regulate as they chose versus being subject to State Law compared to General law cities. AGENDA ITEM 4.A City Council Meeting June 27, 2024 Page 2 of 7 In General. Cities Cannot Adopt or Enforce Criminal Ordinances that Conflict with State Law In general, a California city has authority to adopt local ordinances provided there is no express or implied preemption under state law. In general, if local regulation conflicts with state law, it is preempted and void. Local regulation can also be preempted by federal regulation. A conflict exists when local legislation duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication. As it relates to Penal code violations courts have generally held that if the State already specifically regulates the area that City's may not also regulate that area For example, sex offender restrictions, People v. Nguyen, (2014) 222 Cal. App. 4th 1168. As it relates to the classification of crimes such as what was enacted under Proposition 47, crimes that have specifically be determined to be misdemeanors or felonies cannot have different penalties. That applies to both charter law and general law cities. As it relates to a Charter law cities' ability to become engaged in the enforcement of State Penal Code statutes that the District Attorney's office is electing to not prosecute, as we have discussed such activity require that we obtain District Attorney approval. Although the current DA Gascon is very unlikely to approve the request, a different DA may be agreeable as such requests were granted in the past. For further information on other LA County charter cities that enforce State Penal codes, please see email from me to the Council that was also provided to the public, dated October 10, 2023, and attached to this Staff Report. Comparison of Local Cities with Charters that Follow their Own Regulations from State law The table below highlights some provisions of local charters for Alhambra, Temple City and Pasadena, plus Huntington Beach as they are one of the most active charter cities in recent years being challenged by the State over its actions on charter authority. The topic areas noted include land use, elections, term limits, council compensation, and public contracting. It is important to note charters often include general provisions under which the city acts based on those broad authorities, similar to what Rosemead is considering, so it is difficult to know what they have done or implemented as being permitted under their charter authority and how the State may consider those actions if they have not been sued by the State. As to the various areas of regulation charter law cities may regulate, as the Council recalls we have used as our subject matter template the Cal Cities guide on charter law powers. The Cal Cities charter law powers chart is attached to this staff report for further reference. City Council Meeting June 27, 2024 Page 3 of 7 City Laud Use Elections Term Limits Council Compensation/ Stipend Public Contracts Alhambra Not in Have campaign Three Originally states Requires awarding charter itself, contribution consecutive stipend of $50 contracts to lowest applications limits; General 4 -year per month bidder if required approved by municipal terrnsZ (Mayor is $75 by State law for City must be elections are on per month), but general cities or consistent the fust Tuesday can be changed City Council with General after the first by voters at an ordinance; bans Plan' Monday in election. There contracts for March of even- was a 1996 lighting, heating, numbered years. Charter or power longer amendment than one year' Procedure for allowing for calling a primary regulation of election: If 20% municipal of voters sign affairs including petition from compensation to previous election, be set by then City must Council hold a primary Ordinance election (See Section 107A) Nominating petition of 50 people for City Council candidates. Otherwise, must comply with Elections Code Temple City Not in General Four 4 -year Same as general Public works charter itself; municipal terms' law cities' contracts for but contain elections are on buildings, streets, various the fust Tuesday parks etc are requirements after the fust general law; that Vesting Monday in Chapter 2-11: City Tentative I March of even- 1 1 complies with I Alhambra Municipal Code Section 23.08.100. 2 Alhambra Charter Section 11.5. 3 Alhambra Charter Article XIX. s Temple City Charter Section 502. ' Temple City Charter Section 605. City Council Meeting June 27, 2024 Page 4 of 7 City Land Use Elections Term Council Public Contracts Limits Compensation/ Stipend maps and numbered years. Uniform Public various Otherwise, in Construction Cost development accordance with Accounting Act; projects must Elections Code' Chapter 2-5: be consistent permits with General cooperative Plan purchasing, design -build contracts, local vendor preference program. Formal contract procedure for purchases and contracts over $25,000.007 Pasadena Zoning must Primary elections No term Advised by Exempt from be consistent in each even limits, but Councilmember competitive with General year, coinciding studying Compensation bidding purchases Plan' with Statewide the issue Committee, under $500 and primary election. which submits exemptions for Nominating report to City sole source, petition of 50 Council; need amount set by people for City 2/3rds Council ordinance, real Council approval and property candidates. majority of purchases, Otherwise, must electors to professional comply with increase services, Elections Code' compensation. emergency work, No more than a with other public 5% increase a agencies, and year and can't design -build or have two contracts utilizing increases in any alternative project two calendar delivery year enod10 I methods." Huntington No general All general No term $175 per month Contracts for I Beach plan elections are on I limits I and constructionlim r 4 Temple City Charter Article V. 7 Temple City Charter Section 607. c Pasadena Municipal Code Section 17.10.010. v Pasadena Charter Article XII. 10 Pasadena Charter Section 405. 11 Pasadena Charter Article X. City Council Meeting June 27,2024 Page 5 of 7 City Land Use Elections Term Limits Council Compensation/ Stipend Public Contracts consistency the first Tuesday reimbursement ovement of public requirement. after the first for travel. buildings, streets, Monday in Compensation parks etc are HB has filed November in can be set by awarded to the lawsuits even -numbered ordinance in lowest responsible alleging that years; Elections addition to the bidder with the SB 9 and the are to be in base amounts in dollar threshold State's accordance with charter13 set by Council RHNA Elections Code. ordinance14 calculations If conflict, do not apply charter prevails. or are flawed Recently added Section 705 (Special Provisions Relating to Municipal Elections), which allows City to "verify the eligibility of Electors by voter identification" and monitor ballot drop boxes. California sued HB over Section 70512 Court Rulings Involving Extent of Charter Powers The table below summarizes several court rulings that confirmed the authority of charter law cities. Case Ruling Mackey v. Thiel (1968) 262 Cal. App. 2d 362 Charter cities can conduct their elections according to their own standards if it does not conflict with State/Federal law 12 Huntington Beach Charter Article VII. 13 Huntington Beach Charter Section 302. 14 Huntington Beach Charter Section 614. City Council Meeting June 27, 2024 Page 6 of 7 Case Ruling Howard Contracting, Inc. v. G.A. MacDonald Not required to comply with bidding statutes Constr. Co. (1998) 71 Cal. App. 4th 38, 51 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 City of Redondo Beach et al v. State of California Charter cities not subject to SB 9 lot split bill (Case Number 22STCP01143) (Trial court decision only not binding on any otherparties) Johnson v. Bradley 1992 4 Cal. 4th 389 Allows for public financing of elections Brougher v. Bd. of Public Works (1928) 205 Cal. Charter cities may establish own procedures for 426 enacting ordinances and resolutions County of Los Angeles v. City of Los Angeles May enact ordinances providing for various (1963) 219 Cal. App. 2d 838, 844 penalties so long as such penalties do not exceed any maximum limits set by the charter Cohn v. City of Oakland (1990) 223 Cal. App. 3d May impose real property transfer tax 261; Fielder v. City of Los Angeles (1993) 14 Cal. App. 4th 137 Tevis v. City and County of San Francisco, 43 California Constitution Article XVI, § 6, Cal. 2d 190, 196-97 (1954) prohibition against gifts of public funds does not apply to Charter cities provided they are engaged Los Angeles Gar & Elec. Corp. v. City of Los in municipal affairs. Angeles, 188 Ca1.307, 317-18 (1922) . payment of wages to public employees is a municipal affair • the sale and distribution of electrical energy manufactured by the city is a municipal affair STAFF RECOMMENDATION The City Council: 1. Conduct the Public Hearing and take any public comment. 2. Discuss and provide any direction on the draft City charter; and 3. Vote on whether to schedule a public hearing on July 23, 2024 to consider the adoption of the draft charter and placing it on the ballot for the November 5, 2024, election. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. Costs for the election are included in prior staff reports. City Council Meeting June 27, 2024 Page 7 of 7 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 required public hearing notice for charter public hearings under Government Code 34458 and the regular agenda notification process. Prepared by: 9 V,-,) Rachel Richman, City Attorney Attachments: A. Draft City Charter B. May 28, 2024, Staff Report with attachments C. October 10, 2023, email to Council on City Prosecutors D. Second Public Hearing Notice Attachment A Draft City Charter CITY OF ROSEMEAD CITY CHARTER 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. 4870-7410-6252 Q Section I.S. 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. 4870a41ae252v3 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 fust 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 find 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. 4870-741"252 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. 4870.7410-6252 v3 Attachment B City Council Staff Report Dated May 28, 2024 ROSEMEAD 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 %ote 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" 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 29,202A 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. Diiffmnces 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 MunlolpatCode 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 Terre limits May provide for term No term limits Term limits would ba limits. CaL Const. art. imposed after five four - XI, ! 5(b); Cal Gov't yearterms. Partialterms 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 byordinence Contracts) and 3.26 (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 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 !�— CJI' 4 There is no fiscal impact associated with the recommendation of this report. 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. 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 )rearing notice was also published and translated into the following languages and published in their respective newspapers, Chinese LA Daily News, La Opinion, and Saigon Times. 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 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 13. Council -Manager Form of Government The municipal government established by this Charter shall be known as the "Council -Manager" form of government. Section 13. 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 A Section 1.5. Eligibility for City Council Only persons meeting the requirements set forth in the general laws of the State of Califomia 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 EIections 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 I.S. 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 tern. ARTICLE 2 MUNICIPALAFFAIRS 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. 4870-7410-252 vi 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 ofthe 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 fust 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. 4370a410a252v3 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 -thee 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. 4870.7410.6252 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 33. Reductions Probibited 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 0 Attachment A General Law City v. Charter City General Law City v. Charter City Charaebrbttc Geteed Law City Charier City AbNbr to Govern Bound by the stele's general law, Has supreme authority over'municipal Yrarlolpal Affairs regardless of whalher the subject concerns affairs.' Cal. Const art XI, § 5(b). a munl6pal affair. Forth of Govemmerd Stsle law describes the City's forth of Charter can provide for any form of government For example, Government government including the'Wong mayor Code section 38501 authorm general law and 'Cly manager' forms. See Cat Const. eities be governed by a dry council of five art XI, § S(b): Cal, Gov't Code § 34450 of members, a city clerK a city treasurer, a seq. police ohief, a fire ddeef and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a dlferent number of council members. Cat (340 section 34871. The Government Code also andhorizes the'cily rnsnaW form of government Cal. Gov't Cade 134881. Elections Generality Municipal elections conducted in Not bound by the Calfornia Electioons Coda amts with the California Elections May establish own election data, rules, and Code. Cal. Elec. Code §110101 at seq. procedures. See Cal. Const art XI, § 5(b); Cel. Elec. Code §§ 10101 of seq. Msdw& of t7ections Generally holds aMarge elections whereby May establish procedures for eelecthg voters vote for any candidate on the ballot officers. May hold all -large or district Cities may also choose to elect the dly elections. See Cal. Const art Xl, § 5(b). council "by' or'horn' dWkK so long as the slection sysbm has been established Chanaotsefstie Genesi Law Cfiy Chwisr City Public Funds for Candidate No public officer shall expand and no Public financing of election campaigns is In Munh#W Elections candidate shall accept pubic money for theW*JW. Johnson v. Bradley, 4 Cal 4th purpose of seeking elected o16cs. Cal GOO 3N (1982). Code § 85300. Tormr Units May provide for term units. Cel. Gov't M provide tar term lCol. Cnst(Code CoeSection § 36502(b) 5(ovt b) Vacanoia and T*nnkwdm An office boom= vacant in several May establish criteria for vacating and Of Office instances Including death, resignation, terminating city oill ss so long as it does removal for failure to perform official duties, not violate the state and federal electorate hragularifies, absence from eorudhrtions. Cal. Const art. XI, meetings twdhout permission, and upon norwesidenry. Cal. Gov't Code §§ 1770, 38502.36513. Council Member Salary-caning is set by pb populellon and May estab M council members' salaries. CwnperraNlon and salary increases set by elate taw recespt fox Sae Cal. Conal art. )U, § 5(b). fi a city Expense Reimbursement compensation esfabidtad by city electors. provides any type of Wripillnuffim or Sae Cal. Govt Code § 36516. K a city payment of menses to council members, provides any type of compensation or then ON council members we required to paynurd of exper I to sound members, have two hours of ethics training. See COL then all council members are naquired to Govt Code §§ 53234 - 53235. have Nuc fours of ethics training. See Cal. Govt Cock §§ 53234 - 53235. Legislative Authertly Ordinances may riot be passed within rive May estabish procedures for aaciiug local days of Inhodi cl on unless they are urgerwy ordiarrces. Brougher V. Bd Of Public ordinvices. Cal. Govt Cods § 36834. Waft, 205 Cal. 428 (1028). Ordinances may only be passed at a regular meaft and must be read In inti at time of introduction and passage wicept when, after reading the title, fl~ teaelng Is waived. COL Govt Code § 36834. Resolution; May establlsh rules regarding the May establish procedures icer adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repeaBng resohdtons. v. Bd. of PaW Waft, 206 COL 428 (1928). Cuorum and Voting Requbwrw" A majority of the city council constiMes a quorum for treraadbn or business. Cal May establish own procedures and quorum requtren rms. However, certain legislation Govt Code § 35810. requiring supemalority votes is applicable to charter cities. For maniple, we Cailornia A8 orelrances, 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 calor ly vote of the total membership of the members of the governing body unless a city counsel. Cal. Govt Code § 35M. greater vote te required by darter. Specific legislation requires supwntejority votes for certain actions. avnU14 waoorn•r Charaderisde f3KMA Lew City Charter City Runts Governing Ralph Brawn Act is applicable. Cal. Ralph Brown Act is applicable. Procedure and Decorum Govt Code SS 54951, 54953(a). Cal. Govt Code §S 54951, 54953(a). Conflict of Interest laws are applicable. See Cal. Govt Code § 87300 at wq. Conllct o} irtierest laws are applicable. Sae Cal. Govt Cods § 87300 at seq. May provide provisions related to ethics, conflicts, campaign financing and mcompeft ty of office Persorrnal Matters May establish sods, May establish standards, requirements and procedures for requirements, and procedures, hiring personnel consistent with including compensation, terms and Government Cods requirements, conditions of ampfoymsM for personnel. See Cal. Const art Xi, § May have'" service' WPOR 5(b). which indtldas mnrprehersiue procedures for rem*MOnf, hiring, Procedures set forth in Mayers- testIng and pfonnom See Cal. MilM"Fown Act (Cal. Gov't Code § GovI Code § 45000 at seq. 3500) apply, but note,'rrjmre is a clear distinction beb~ the Meye"illias-Brown Act applies. substance of a public amp" labor Cal. Govt Code§ 3500. issue and the procedwe by which it b resolved. Thus two is no question Cannot require employees be that of local employees of a residerds of the city, but can require charier city cwmftds municipal them to reside within a reasonable affairs and are not subject to general and specific dlatatice of their place laws.' Vobrs fwResponsta of anploymard. C.I. Const at Xl, § Rakernerd v. Board of SupwWaora, 8 10(b). CaL4th 765, 781 (1994). Cannot require ernpbyeee be residents of the city. but can require than b melds wttidn a memonable and speaft ckh rca of their place of ernpbyrneni Cal. Const art Xl, section 10(b). Contraeft Services Authaft to enter into contracts for Full authority to contract services as OK"* authorized by axuAsterd with charier. sfatAs. Sea Coefa Akira Clay Ffrpkryeae Aas n v. Cly of Coat Mesa. May transfer some of ib 209 COL App. 4th 298 (2012). %Mlons to the county Indudkng tax coliection, aasessrnerd ccibobon and Oafs of property ler nonpayment of hm and asseesrtnernla. Cal. Govt Code §§51330,51334,51335. RIV A4r14.29M.a717 vi 3 chaaaebristla I General BMW Crew I Charter City I Puttee Contracts Payment of PMVM V Wages Competitive bidding required for public works contracts over $6,000. Cal. Pub. Cont Code § 20152. Such contracts must be awarded to the lowest responsible bkmer. Pub. Cont Code § 20152. If city elects subject itself to uniform eo slinsdon accounting pracadurse, less formal procedures may be available for contacts Was than $175,000. See Cal. Pub. ConL Code §§ 22000,22032. Contracts for protewormal services such as private rchilwWral, landscape a mhilectural, anginvering, environmental, land surveying, or constnEfion mariegamsnt firms need not be aw"pe55vely bid, but mast be awarded on basis of demOroYated competence and probulonal quaAcations necessary to the satli ll I ryperformance of services. Cal. Govt Coda § 4528. In gerwal, prevaan9 wages must be paid on public Wada projects over $1.000. Cal. Lab. Code § 1771. Higherfixasholds appy ($15.000 or $25,000) if the pubic entm7y hes a I I a spedallabor compliance program See Cal. labor Code § 1771.5(aXc). etV 0"14-2M.0717 .r 4 Not raquired to campy with bidding statutes provided the city diarter or a crly ordinance exempts the city from such stawles, and the subject nretler of the bid ocinvil ss a municipal affalr. Pub. Con Code § 1100.7; we R 6 A Vending Swvkea, lnc. v City of Los Angeles, 172 Cal. App. 3d 1158 0955); Howard Contacting, Inc. v. GA MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998). Historically, charter cities were exempt from prevailing wage requtemene. Effective January 1, 2015, state taw requires charier dies to Pay prevailing wages on any public works project or else the CRY will not be eligible to reoelve state financial assistance for public wake projects. Cal, Gov't Cade § 1752. Characbristic General Law star Charbon city Finance and Taxing PWAW May Impose the same kinds of tarns 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 2119 and 29, Cal. Const art. Imposition of taxes and assessments subject XIIIC, § 2, and own charter limitations to Propositions 219 and 29. Cal. Const arLAIIC. Have broader assessment powers than a general law city, as well as taxation powsr as Examples of common tomo used in determined on a case -by case basis. assessment district financing inck da: May proceed under a general assessment • Improvement Act of 1911. Cal. Sts. law, or ened local assessment laws and & High. Code § 22500 at seq. then elect to proceed under the local law. See J.W. Jones Companies V. C,7y of San • MrnicIpal improvement Act of 1913. Diego, 157 Cal. App. 3d 745 (1994). See Cal. Sts. & High. Code J§ 10000 et Seq. May impose business license taxes for any purpose unless limited by state or federal • improvement Bond Act of 1915. Cel. constitutturts, or city charter See Cal. Const Sts. & High. Code §§ MW at seq. art. Xl, § 5. • Landscaping and Lighting Act of May impose nal property transfer tax; does 1972. Cal. Sts. & High. Code §$ not violate either Cal. Covet art XIIIA or 22600 of asq. California Government Code section 53725, See Cohn Y. City of Oakland, 223 • Benefit Assesnrenl Act of 1992, Cal. App. 3d 291 (1990); FAdder v. City of Cal. Gov't Cade §§ 54703 at seq. Los Angeles, 14 Cal. App. 4th 137 (1993). May Impose business Ilcerlse taxes for ra9Wabry purposes, revenue purposes, or both. See Cal. GwA Code § 37101. May not Impose real prop" transfer tax Sea Cal. Const art XIIIA, § * Cal. Gov't Code § 53725; butane authority to impose documentary transfer trams tffWw certain cigmstances. Cal. Rev. & Tax. Code § 11911(a), (e). Streets & Sldswalks State has preempted entire geld of Stele has preempted entire field of traft control. Cal. Vsh. Code § 21, trait control. Cal. Veh. Cods § 21. PanaIBN & Cast Recovery May impose fines, penalties and May enact ordinaries provid11V for various forfeitures, with a firm not exceeding pw*bs so long as such penalties do not 91,000. Cal. Gov't Corte § 36901. exceed any maximum limb set by the charter. CounfyofLos Angeles v CvyorLos Angeks. 219 Cal. App. 2d 939, 944 (1993). n1V 04)4.1902-07110 Ckar e,terlove Genual Lair CRY Chester City Public LUitiesfFranchises May establish, purchase, and operate May establish, purchase, and public worim to furnish its inhabitants operate Public works to furnish Its with electric power. See Cat Const art. inhabitants with electric power. See Xl, § 9(a); Cal. Gov't Code § 39732; Cal. Cal. Const art XI, § g(a); Cal Pub, Utit. Code 110002 Aperfmord Assn v. CAy of Sloddon, 80 Cal. App. 4th 098 (2000). May grant franchises to persons or corporations seeking b furnish light, May establish conditions and water, power, hest, transportation or regulations on the gronling of communication services In the city to frarchisea to cane city OWN to allow use of cily streets for such persons or corporations seeking to purposes The great 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 otiy. §§ W01-6092, or without a bidding process under the Franchise Act of Franchise Act of 1937 is not 1937, Cal. Pub. Utii. Code §§ 6201- appllcabie it charter provides. Cal. 6302 Pub. Udl. Code §6206. 2oni ng Zoning ordinances must be oonsistent Zoning ordinances we not required with general plan. Cal. Gov't Code § to be consistent with general Plan 66660. unless the oily has adopted a consistency requirement by charter or ordinance. Cal. Gott Cods § 66603. sry Ne1442M-07t7 vl Attachment B Staff Report Dated January 24, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM. CITY M NAGER�SA� DATE: JANUARY 24.20'_3 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: CAL - Eric Hernandez City Clerk Attachment A: General Law City v. Charter City AGENDA ITEM 6.A 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. _023 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. Citv 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 Valle}' CityEstimated Population Charter Established Alhambra 81.211 191> Arcadia 57.500 1951 Industry 440 1976 Irwindale 1.466 1976 Pasadena 139.255 1901 Pomona 151,000 1911 Temple Cin 36.494 1971 7 cities are Charter. out of 30 cities in San Gabriel Valle.. AGENDA ITEM 7.0 City Coamcit Meering Febmary 14, 2023 PaV2of3 California Election Code §§ 9255, 1200 and 1415, provides when the City Council can place a chatter proposal measure before the voters. The statuks provide it must be held during a statewide general election. City staff checked with the Los Angeks Registrar-Recerder/Coimty Clerk's office and confirmed that an initial charter proposal under Election Code §1415 steles: (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 ext 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 ®aural 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 March 2024. In addition, the City Council directed City staff to provide cost information urn holding a standalone election. To conduct a stendalo w election, City staff found that no vendor offers all the necessary election semen lace our pamou s vendor, Martin and Chapman, who went out of businestr 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 electiom Services that would require entering into separate agreements with multiple vendors include ballot tabulation services and equipment. ballot printing and Vote by Mail services, pwebasmg software for vote by mail processing and ewkmg, insulting 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 cmnparison, Temple City indicated that it spent $224100 on its March 2022 standalone 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-RecordedComriy Clerk it was mentioned that if the County is holding a statewide election an a date the City is holding a standalone election, that will be separate ballots for votes and separate vote centers or polling locations. STAFF HWOMMEMATION It is recommended 69 the City Council discuss and provide further direction to City staff. City Council Meeting Febntary 14.3023 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 [natter is exempt under CEQA. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: f14-6— Erickal-lemandez 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 ¢Itltti4teMa1M11: Genesi Lm Chy Chaa'Eer cmv Aleft to Govem Bound by Be state's genasl law. Has Supreme at t m* over KMUnlclpal Municipal Affa m ngardkes of whether the subject concerns aBaha.' Cal Cort at 7CI, § 5(b). e municipal affair. Form of Govemmad Stets low describes tins city's form of Charier can provide for any form of governff" For example. Government goverment including the *Wong mayor; Code section 38501 authormse general low and 'ciy rterhager toms. See Cd. Cort cities be governed by a c4 council of firs art )0, § 5(b); Cat Gov't Code § 34450 at rtentm, a * ciedr, a city treasurer, a "q - poke clef, a fire chief and any suborOuft olricas or employees as required by low. City elector may adopt ordinance which provides for a diiMmart number of council member. Cal. Gov't section 34871. The Govemmara Code also authorizes the *city manager form of government Cal. Gov't Code § 34851. EkcWM Genereay Municipal elections conducted in Not bound by tins Caft m Is Elections Code. accordance with the California Elections May estabileh own election dabs, nses, and Cade. Col. Else. Code §§ 10101 et seq. procedums. See Cal Corsi art a, § 5(b); Cel. Elec. Code §§ 10101 erseq tsatheds of Etecdone Generally holds at-krye emotions whereby May establish procedures for selecting voters voce for arty candidate on the belbt offiom May hold et -large ar disoicb CRks may also choses to abet the city elections. Sea Cel. Cort art. >a, § 5(b). council OW or 1W diebids, so lung as to efaion system has been aetabilelhed by ordhwm and approved by the voW& Cal. Govt Code § 34871. Mayor may be deolled by the city council or by vote of to people. Cal. Gov't Code j j 34902. Yin cNies of 100,000 or lees, a vote of the people is not resound to mAtch to electing council by districts. Cal Gov't Code § 34888. Cly Cound Member Mintnum gllelllatior ars: Can establish own aterm for city office QadNk4dDm provided It does not violets the U.S. 1. United Stain Crean Constitution. Cal. Cort art Xl, § 5(b), 2 At hest 18 ymm old 82 Cel. Op. Airy Gan. 8, 8 (1988). 3. Regletered voter 4. Reddent of d a c y st Isaac 15 days prior to the election and throughai hie or her term 5. If elected by or Tran a district, be a resident of ice geographical area comprisft the district from which he or she Is elected. Cal. Elco. Code § 321; Cal. Gov't Code S§ 34882, 38502; 87 Cal Op. Alry Gen. 30 (21104). RIV /114.2902-0717 v1 Own" LM MY charter Char Public Funft for CandWabs No public 0001 shaft expend and no shaft accept ppb money for the Iawf Pubic financing of election ampalgns Is i. Johnson v. Brodey. 4 Cal. 4th In MunrolPal Elections xanddab purpoca of seeking elected ofk& COL Govt 389 (1992). Cade § 85300. May provide for term units. Cal Govt N Cd Gtw't Code ovide for lerm . Col. Const arL 6502(b). F Code 5 38502(b).kuMon Anoilioebeoomesvacw ti n asm inatenoas including death, resignation, May establish rx w a fix vacating and remising" cR' thio so long as it does rertwval for faflureto perform ft iat dubaa, not violent the data and federal ekctonds he lulonties, ~00 them consaubons. Cal Const at A. § 5(b), mse8ngs wow permission, roW upon norwasiderwy. Cal Govt Cods §11770. 36502,36513. Council Monrber Salery•aeikng is ant by Gty population and salary scr , tet by Mab law W=Pt for May sstabBh council momboW salaries. See Cal. Const aft womroan CRY Compone"n and Expanaa Ratmburewnent compensation wMbW" by city electors. p ee any typeioperatio Sae Cal. Gov't Code f 35516. B a Gly payment of expenses to counck members, provides any type of oompanadwr or ow an membersrequired we hours al. payment of exptnws to xxxrncfl rrrembers, have of tr*kk4 then err councl .min rs ars required to Gmrtcode §§ 53234 - 53235. have two nous of ethics kalnhng. See Cal. Govt Coo §§53234-53235. Logiblow AuWatlly Ordinances; may not be pawed within In days of inkoduction udass 0sy M urgency May eMabltah procedures for ending local ordinances. Brougher v. Bd of A AW ordinances. Cal. Govt Code 4 3110M. Wbrfat, 205 Cal 428 (1928). Ordnances may onty be posed at a regular meeting, and must be read in full at time of inhoduction and passage except when, after reading the Me. turd w reading is waived. Cel. Govt Code § 3034. RMOItItl011e May astebhh tiles regarding ahs May asteblleh prac, for adoptlng, proceduas for ariopting, amrs ing or iepenting resolutions. Brougher repealing ms*W n. c 14brks. 205 Cal. 428 (1926).Quorum and Voting pley y A majority of the eery council Gw4ft res ■ quorum tor trenowon of business Cal. own procedures and quorum Fbrrever, cerlMn legislation L Gov't Code $ 36810. requiring supwma)orlpr vow in applicable to chaster tikes. For OxIMMIs, see Calibma Al ordksnoas, retaluliona, and orders for Code of CNA Proondun s soclon 1245.240 the payment of money require a recorded requiring a vote of tvw4hlyds of a1 the mop* vote of the toted rambership of the members of the � dyunio n e city council. CaL Gov't Code j 3038. grew by r. Spedlfc legislation requires super a)orq votes for certain axabns. Rrvrgr42 -vn7rl W #,14142902-0717 rl Rules Ooveminp Ralph Brmn Act Is applicable. Cal. Ralph Brown Act is applicable. Cal, Golf Code §§ 84881, Procedure and Decorum Gov't Code if 54851, 54953(a). 54983(a). Conflict of interest laws are applicable. Bee Cal. Gov't Code §87900 at seq. Contact of Interest laws are appilo". Seo CaL Gov't Code § 87300 of seq. May provide provisions related to atihice, conflicts, arnpaipn bumcin8 and incompatibility of 01!08. Personnel W1Eae May aetsbtieh standards, May esmdish standards. mWianw and procedures for requiromards, and procedures, hHV persomelceraiaeMwith indWi g oompensatim lama and Government Code requi emenu. ohxhdltlorn of gnhplotrment for personnel. See Cal. Const. arL Xl, $ May have civil sorviee' syalem, 5(b). whlch Includes eor preherNM proceduresbr raaulbnent hiring, Procedure setbM in Mayers- is/tYg and prom08on, See Cal. PAW -Brown Act (Cal Oov1 Code § Gov't Code 145000 at seq. 3500) appy. but nob%'[rpere is a clear dislinallan between the Meyers -Mills" own Act applies. substana of a pubic employee labor Cal. Govt Code § 3500. Issue and the procedure by which R is resolved. Thus two Is no question Cannot require employees be that'sslbrbs of local employees of a residents of the city, but an require charier city constitute municipal Own to neide within a reasonable off 1 1 and we not sub)ect to 8enorel and specNe distance of their place Imam Voters Aor /tesporrabk ofempbyment. Cal. Const art. A § AeWanonty. Bowdo(SupenAors, 8 10(b), CaL4th 765, 781 (1994). Cannot require employees be residents of the oily, but an require them tc reside within a reatoneble and specift distance of their place of employment. Cel. Const art XI, section 10(b). CoMnWrq Sarviees Authority to ante Into ewhbacls for Full authority to contras service as expressly authorized by consielent with charter. statue. See Costa men CRY Enhplopue Assn v. Cay of COW Mew, May transfer some of m 209 Cal. App, 4th 298 (2012). functions to the county rock ng tax collection, aaesement collection and sale of prop" tar nonpayment of tones and aasesmentL Cal. Gov't Code §§ 51330,51334,51335. W #,14142902-0717 rl Poymeritof pre lbv Wepts P1V Ht14390 4717x1 ('gnpeldbe bide fequked for p Aic works 0a111raab Quer $ 5000, Cal. Pub. Cont Code 120152. such oonescb moat be awarded b the lowed responsible bkWor. Pub. Con. Code § 20152. If city eiscb subjec ibelf to unibm oonsbucft amm*ig procedtae. Im Far.. procedures may be avwleble for contract lea tiara $175000. Sea Cal. Pub. Cont Code§§ 22000,22032. Contract for probational services such as pftm wrhltcbrsk landscape gyral, engineorkS orrAmnsrdal, WW wneft, or wrAb ckn managerma nt firs reed not be carrpeWv* bid, but must be awarded an basis of dKnWWAtd competence and protasmioiW qudhcftm "enemy for to WO la' ' ll Pelt msnn of crypt. Cal. GoA Cade 14528. In general, prewiing wage not be Paid on MA* waft pmJsab aver 51.000. Cad Lab. Coda 11771. Higher th wiwWs apply (515.000 or 525.000) d the public on* has adopted a special labor oonpw= program. Sae Car. Labor Code g 1771.ti(a){o). Not required tD comply With bnddng statute pmwWb the city charter or a ody wtvrarmm wmnpb the db from much statute, and the subject maft of the bid oahelthrtes a municipal aftlr. Pub. Cont Coda 11100.7; see R d A Vending Servicm leo. v. City of Los AngshM 172 Cal. App. 3d 1155 (1985); Howard Conhacrra Inc. v. G.A AfwDomlld Cm*. Co., 71 Cal. App. 41h 38 (1998). Httoricak ehartr dye were wompt from Pry wage requiremenb. Ef m*m January 1. 2015, state law requires darbr doe t pay MviaMN wages an any pubic works project or Was the city wig not be sipgrt to rsmlvs sbta firendat aulatanoe for pubic works project. Cal. Gov't Code 11782 qr yrj Gamed Law CRY clarbr Chy Flaarros and Ts7drrg Power May impose to same kinds of taxes and Have the power to tax. assessment as aha W cities. Sea Cal. GDvR Code § 37100.5. Imposltion of taxes and aseassmsnte subject to Propositions 218 and 28, Cal. Const art Imposltlon of taxes and aseM6menb subOd XIIIC, 12, and own charter lnlitetions to propositions 218 and 28. Cal. Const aftX91C. Have broader assessment powers than a p neral low city, as well! as taxafion power as Examples of common form used in determined on a cess-by case basis. assessment district Inwekq include May proceed under a general alasssrrartt • Improvement Act of 1911. Cal. Sfax. law, or enact local assessment W" and & High. Code § 225W at seq. then si ct b I ' r , d under the local law. See J.W. Jones Companies V. tatty of San • Municipal Improvement Act of 1913. Dbgo,157 Cal. App. 3d 745 (1984). Sea Cal. Sts. 3 High. Code §§ 10000 at seq. May impose business 11canse hems for any pwposs unless Wnfied by stats or federal • Improvement Bond Ad of 1915. Cal. constitutions, or city charter. See Cal. Const. Sts, a High. Code if WW at seq. art XI. § S. • Uw4scapitg and UWft Act of May impose real property trandsr tar; does 1972. Cel. Sts. 3 High. Code §§ not violate eber Cal. Cond art. XIBA or 22500 at seq. Celitomis Covsmnernt Go" section 53725. See Corin v. C8y of Cakartd, 223 • Benefit Assessment Ad of 1982. Cal. App. 3d 281 (1990x Fbrdw V. CRY of CaL Gov't Code §§ 54703 at seq. Los ArrgeAss,14 Cal App. 4th 137 (1993). May impose business licsae taxes for rewdelory revenue or b Cal. Code 137101. May not In real property transfer tax. Soo Cal. Const art )UIK § 4: Cal, Gov4 Code 15372&, but ase muft* to impose tcarafer teas under certain documentary cirounatsncw Cal. Rus. & Tec Code § 11911(x), (c). Sireeta 8 91dwrWa of State has trdfic control. CN�Veh. Code entire *21. State has preemptedentire of tfilo recontrol. Cal. Code § field 21. perleft(K & Coat perry May vVoea fines, penalties. and f 111 res. with a fine not eaoeeding May aped ordlnaroes providtxJ for various psne8bs aro long as such penalties do not $7.000. COL Gov t Code §38901. char ed aximum Imilts so by the ter.� of Los Angeles v. Cfiy Of Low Angeles, 219 Cal. App. 2d 838.644 (1983). RIV a4a144M4717 rn v. Public 0NaaWFrarsddna WOO May estatilith, p��, and operate pubic wodo to furnish ila Inhabits May eslabMh, purchase, and operate pubic waft to furnish its with electric power. Sea Cal. Const art inhabitants wih electrk power. See XI, § 9(a); Cal. Gov4 Cade § 39732; Cat. Cal. Corot art XI, § 9(a); Cal Pub. udL Coda 110002. Apsrbnwd MOP v. Cky of StoCJdon, 80 Cal. App. 4th 899 (2000). May Brant franchises to persons Of corporations so" to furnish Wit May establish oondlions and water. power, hest, hansportifon or reguiations on the granting of oww uni- 'i 9 services in the My to franchises to tae o8y streela to slow use of ciy straels for such persons or corporations snldng to purposss. The grant of hu Id Was can be furnish light wafer, power, hest, done through a WddiW process under tranePortatbn or ownmunlostiah ft &oughbm Ac, Cel Pub. US. Cods services in to dty. %60014m orwitlhouta bidding process under the Franchise Act of Franchise Act of 1937 is not 1937. Cal Pub. UW. Code §§ 6201- appiatbie if charter provides. Cal. 8m. Pub, Utl. Coda § 6205. 2:OAV4 Zordng ordinances mut be corrislient Zontng ordinances are not required with general plan. COI. Gov't Code § to be consktentwih gen" plan 850. urdess the db has adoplied a conalswM requirement by charter or ordnance. Cal. Gov7. Code § 86801 Attachment B Information from the nonpartisan California League of Cities Information from the nonpartisan California League of Cities: http'//wrnv. cacities. om/chartercities Introduction Charter Cities Did you know that, under certain hcme rub provisions in Californias 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. he Institute for Local Govemment, the Leagues research arm. teamed up with the Hastings Public Law Research Institute to create an informational resource for those interested in understanding more about his space] form of local rantrol. The League is grateful to everyone who helped with this project including Phillip Hall of UC Hastings and the Hastings Public law Research Institute: Kati Berger of Jenkins & Hogin LLP: Betsy Strauss (Attorney at law): John Cook (Former City Attorney, Indian Wells): and Harvey Levine (City Attorney. Fremont) In 2007, the League updated hese resources and the new documents can be found below. The League world like to thank Hilda Canki Molloy, (Attorney at Law) for her help with the update. Charter Cities: A Quick Summary for the Press and Researchers The folbwvrg summary was Wafted by the League of California Cities' legal staff, in an attempt to give the press acid research communities a primer on some bequarlty asked Questions lega/dahg chaffer cities. Charter Cities vs. General Law Cites — The Basics The California Constitution gives crines the power to become charter cues. Thebanefn of becoming a charter city is that Charter plies have supreme authority over "municipal affairs': In other words. a Charter city's law concerning a municipal affair will trump a stale law governing the same topica Cities that have not adopted a charter are general law cities. General law cities am bound by the state's general law, even with respect to municipal affairs. Of California's 478 cities. 108 of them am charter cities. The charter city provision of the State Constitution. commonly referred to as the'home-rub' 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. The home -rub provision allows Charter cnies to Conduct their own business and control their own affairs.! A charter maximaes tial control. A city charter, in effect a City s constitution, need not set art awry municipal affair the cry would litre to govem. So tong as the charter contains a decoration 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 low of the state Denning 'Municipal Affairs' Determining what is and is not a municipal affaif is not always straightforward. The California Constitution does not define -municipal affair.' it does, however. set out a nonexclusive list of four'core Information from the nonpartisan California League of Cities: htto"/Mnvw cacities.orglchartercities categories that am. by definition. municipal affairs.? These categories are 1) regulation of the -cdy police force : 21 "subgov'emment in all or part of a city": 31 'conduct of city elections'; and 41 -the manner in which . municipal officers jarej elected' a Beyond this fist, it is up to the courts to deterone what is and is not a municipal affair To determine if a matter is a municipal othera court will ask whether there are good reasons, grounded on statewide interests, for the state law to preempt a local law 3 In other words. courts will ask whether there is a reed for paramount state control" in the particular area of law .•: The Legislature s intent when enacting a specific few a not determinstve.:r The concept of -municipal affairs' is fluid and may changeover time.. Issues that are municipal affairs today could become areas of statemde concent in the futum.•3 Nonetheless. there are some areas that courts have consistently classified as municipal affairs. These include' • Municipal election matters-. • Land use and zoning decisions (with some exceptions)•e • How a city spends as tax doeers•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 constdutes a municipal affair- 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 concent, including: • Traffic and vehic a regulatiome • Tort claims against a governmental entiry..r • Regulation of school systems» How to Become a Charter City To became a charter city. a city must amt a charter. There are two ways to adopt a charter The city's voters stock a charter 0011111ission.21 The commilluon has the responsibility of drafting and debating the charter. The governing board of the dry. on its own motion, drafts the Charier 22 In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters a For more irrolmation about chartercih", phase via# the 'Charier Cites" section of the Leagues Web site of h1to /Avww uocities oro hherrercitias. Cal Const 8.1 Xi. § 31ai Cal Corot an. X1. S stall 2.b.9naan v Bradley 4 Ce 4th 389 Zai (1562; �__._.... mow. •> r� v1 wream Information from the nonpartisan California League of Cities: htto U'rnvw cacities.oro%hartercities Trete we a;"e,ovt'z'sto!rs'-4.=^•e.a—.e a�ana o!y ao>.': c.'e' :_c-�-=-+-e _r.ess:M:15 anH eayess'y eae' p..f c1^e :!Y >� ��! _ S! S P'Ovif'Xa IN 0 J"y Ye'd^]e :C-' -s +' ]- i �'�. a'^ -•'T2 ".^'X Jee �dl py. om =Yie § t''JJ '.a Co's: an Jcnmcn a CS • cr WA:-: 9 at LG3 ...0 at du5 Cal Fep Sarnpz Sica^Lss^.=.•.. _cs%^; az 585 599',:996) saac 66 Cal LW n'a!5=9 • ua::e, v -1w 262a L.. .. See 3ry pnery Se J� _-.:Y>a5 G2:° CA 42-c 44 119251 J.nnsc, c Cal•. Cwe4't33° R6?.ra'; 5e^: cez n:: C<y Ye.>ac ;245 ' . _a. -_. 30"85 ' _..•555 40nav COvraC^+J m + :;4 MacC> �a_ CO—V .Cal 5pV 4n3t 5' 'B:! • Cay. •den Coes 4 2' Ct�olLx; °eac^. S: Ca _.... 247.t9a21 tNanar , Sa, Fra.a.sce on^ae S� SS 65 Ca: Am 3e 792 -e; '= Ca GovtCz1153445' Cal Govt Coca§3cc59 Cel Govt Cpee 44 3L<5' '3ccc2 General Law City v. Charter City dafk Ch;ARalm Ganeml Law Clly Charter MY Abglty to m Sound by the state's general law, regardless Has supreme authority over tinuiidpal Municipa of whether the subject Concerns a municipal of m' Cal Const art XJ, § 5(b). affair. Foran of Government State law describes the city's form of Charter can provide for arty tam of govermnent For evampta. Gowrunetd goverrvn nt including the'storg maga: Code section 36501 W crime general law and'Cty marmW isms Sea Cat. Conti. cities be governed by a city council of five rt Xl § 5(b); Cal. Gof/t Code § 34450 et members, a city clerk, a City "Mum. a seq. police chief, any karate officem or n required bnd y low. Cty electors may adopt ordironoe which provides for a dfaent raanber of Council members. Cal. Gov't section 34671. The Govanmat Code also m&m ms the -city manger tam of govarmwit Cal. Go✓t Cods § 34851. Elections Genm$Y Municipal elxtlons conducted In accordance Not bound by the Catlaole Emftm Code. wth the Caillemfs Elections Coda Cal. Elac. May establish own slectlon dates, rules, and Code 4$10101 of seq.. procedures. See Cd. Const art XL § 5(b); Cal Bee. Code §g 10101 at seq.. Malbods of Bei Grrraliy holds al -lege electir whereby May establish procedures for selecting volars vote for any Candidate on the ballot officers. May hold et ter9e or district Cdu may also Choose, to elect the city eleaiorr. See Cal Carl at. XI, § 5(b). council *W or TW districts, so kmg s the etedion systrn has been eeIteIhe I by ordiana and Opp raed by the votes. CaL GoldCode §34871. Meyer may be W - ,d the o people CaL GCode §§ 349 02 City Cotang Nkwnbw Minlmun quai'dcatim re, Can aetabteh oven crtada for city CBks provided it doss not violate the U.S. Q= Mlcsd s 1. Unted States cklmn Combkdm CsL Comet. arL Xi. § 5(b), 82 2. At imed 18 years old Cal. Op. Atty Gen. 6, 8 (1909). 3. Registered vola 4. Resident of the city at lead 15 days prior to the demon and throughout lfle or her term 5. t eleraad by a from s detricl be a resident of the pwgragdal arc compria" the district from which he or she Is elected. Cal. Eleo. Code § 321; CaL Gov't Code §§ 34862, 38502; 67 Cal. Op. Ary Gan. 30 (2004). 1 charactedstic General LAW Cay Charter Cay Public Funds for Candidata No public officer shall expand and no Public financing of election campeow is in Municipal Elections candidate shsi accept public money for the **IUl. Johnson v. Bradley, 4 Cal. 4th 389 purpose or sew" aledad offxe. Cad. Galt (1882). Code § 96300. Term Urnfs May Meda for term Ymka. Cal. Govt Code May provide for term limits. Cal. Conti. art. § 38502(b). XJ, § 5(b); Cal Gov't Code Section 36602 (b). Voce - A end Ta nination An clfice becomes vaunt in several May wWbiah crilleft for vaalln9 and of 01111106 irnmterxeee Including desilk resignation, terminating city offices so"as k does not remwei for failuretc perform c1lir3sl duties. viohm the state and federal constitutions. ekcioale imewleritm, absence fawn Cd. Corot. art. w, § 5(b). mestln0a wRlrord permission, and upon non. residency. Cal. Gaut Code 111770, 38602, 38613. Council Member Seleryceilig b sat by city populetlon and May establish council members' salaries. Cotepenswil and salary trcnawn set by daft law incept for See Cal. Corot. rt X11. § 5(b). If a city Fmm" RNmbweement oomperestion adabieMd by city eleetws. provides any type of compensation or see Cal. Govt Code § 98516. If a dry payment of expenses to council members, provides any hype of compensation or than all count awnbom ono required to paymwd of open to council members, have two hours of el tics training. See Cal. titre all council members are raquked to Govt Coda §§ 63234.53235. have too hours d ethica baing Sae Cal. Gov't Code if 53234 - 53236. Uoslatkra Audwilty Ordinances may not be passed within flue May establish procedures for enad'mg local ien I"we aof k*t v. 8d. d Akk Abft, ordinances. C��v't 6934�y ( Ordinances may only be passed at a regular meeting, and mut be read in full at time or introduction and pomp except whewk afar m ding the ft fearer reading is waived. Cal. Govt Code § 9!1934. Resolutions May establish rules regodkg the May estabiah procedures for adopting, adopting,WoWures ter amendkg or amnd'eg or repeding resahxtow Brougher r. Bd d Public 101brks, 205 Cal. 426 (1926). Ouontm and Voting A mrjorily of the city council constisae& a May edWAM own procedures and quwuam Requlrarrreras quorum for transaction of business. Cal. Gott Code § 36910. requirements. Howww, cwWn legislation requikg supwmgjorily votes is applicable to chatter dtles. For exwnple, ora Cakfomis All ordkenas, resolutions, and orders for Code of Civil Pwoedura section 1246140 the payment of money requite a recorded requiting ■ vc% oftaa6nkds of all the ms(wlly vats ofthe total reerebwWw ofthe members of the govemi g body unless a city council. Gil. Govt Code § 30N. greats vote Is requked by charter. Specific la*Wdon requires aupemn* ft votes for certain actions Ch.raebrisft t3aaaral UW C" I Chefhr Cft Raise Clamming III ure and tyecaunCode IS Personnel Neftre eomraeting Services Ralph n�pd Is appl1. '.bls. Cal. Gov't Confit of Interest Isms are applicable. See Cal. Gov't Code § 67300 of seq.. May establish standards, requirements and procedures for *N personnel consistent with Government Code requlnemsnh. May hmm tdvl service' system, which inductee comprehensive procedures for MCIdbnertl, h1111g, !sato and promotion. Sae Cal. Gov't Cade § 45000 at sag. mapra-MO®s-Brown Act applies. Cel. Gov't Code § 3500. Cannot require empioyeas be residetta of the city, but can regale them to isstda within a reasonable and specific dintsince of their place of employment Cat ConsL art. A § 10(b). Authority 10 enter 11110 contracts to carry out nsommo functions, mcludeq those Oaresdy granted and thoas WOW by rmnally. See Cal. Galt Cods § 37103; CanvUi v. Cly of Akdera, 233 Cal. App. 2d seg (1965). Ralph Brown Act is apple". Cal. Gov't Code §§ 54851, 64953(a). Conflict of interest lows are applicable. See CaL Gov't Code § 87300 at seq.- Maypttsnc , cempeifnancinydadriCs and aonlirgn, inwmpatbilly of office. May establish standards, requirements, and procedures, including camPerostbn. term and conditions of employment for personnel. See CaL Const. ant. X1, § 5(b). procedures set forth in Meyers -tries -Brown Ad (Cal. Gov't Code § 3500) apply, but note, '(f)here is a clear distinction between the subsiamm of a pubic employes lobar Idfae and the pmcedum by which K Is resolved. Thus there is no question thell Ulariss of ideal employees of a charter oty oantt ft municipal aft and era not mAtOci to general laws.' Valera forRaaponaible Rethmnent v. Board of Supervisors, 8 Cal.41h 785, 781(1994). Cannot require ernployeas be residents of the cty, but can ."itis them to reside within a mown" ale Specific distance of their place of employment Cal. Const arl. w, section 10(b). Fut authority to contract consistent with charter. t41.tr berrkn some of Its functions to the county inducting tax collection, assessment coikcfbn and sale of property for non- paytnsM of tease and assessments. Cal, Govt Cods §§ 61330, 51334, 51335. CharocierMlc I Gonww Law CRY I Charter Clbr I Pubic Contracts Payment of ProwrdOng Wages Competitive bidding required for public works contracts over 15,000. Cel. Pub. Cont Code § 2om. isuch contracts must be awarded to the lowed responsibleh. Pub. belc Code 120162- If city elects sub)ect itself to uniform construction accounting Proeedurs, insion. procedures maty be availablefor contracts less than $100,000. See Cat. Pub. Comb Code §§ 22000, 22032 Contracts for professional services such as private ardatec4aal, landscape erehboclural, erginearing, anvtonmen al, land surveykS or construction maragementMns need not be cwnpaiiively bid, b l must be sounded on basis of demonstrated cempetsnroam ptofaesi nll quattitsiond necessary for the sadet tory pedomnence of services. cal. Gore coda f 4528_ In general, Prevailing wages must be paid on public works projects over $1,000. Cd. tab. Code § 1771. Higher thresholds apply ($15,00o or s25,0g0) if the public entity has adoped a special labor compliance prowar. See Cad. labor Code § 1771.6(a){C). Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such SWUM. and the subpct amber of the bid con sdiutes a municipal all*. Pub. Cont. Code § 1100.7; an R d A Vendrrg Services, Inc. v. CRY of Los Angeles, 172 Cal. App. 3d 1188 (1985): Howard Conhac&p, ina v. G.A. MacDonald Cons&. Co., 71 Cal. App. nth 38 (1998). 18a1ori *, charter cities have not been bound by side law prowiflng4iege requirenarts so long as the project is a muni*W artelr, and riot one funded by dada or federal grants. turd v, City of Sen Diego, 122 Cal. App. 3d 346, 348 (1991). However, tiara is a growing trend on the part of the courts and the Legislature to sapand the eppOgbility of prevailing wages to charter cids under on analysis that argues that the payment of providing wags is a meltsr of di ew ids co oem. The California Supreme Coud currently has baforo Own a ase tial will provide the opportuNty to decide whether prevatiq wage is ■ municipal affair or wdatfer It has become a amber of sfafewlde ecncem. Ciwractwlstle General Law City Charter City Pkrana and Tasing Power may impose the same kinds of taxes and Have the power to tax, wsessment as charier dies. See Cd. Govt Code § 37100.6. Have broader ass Knwvt pin than a general law cosy, w well as twdion power as taxes and ssasmerrts subject Imposition d w determined on a cm-by cera basis. to Proposition 2111. Cal. Corot. adAlIC. Imposibn of Lawes end eseessmernia subject Exornples of common Tome used in to Proposition 218, Cal Const. art. XIIIC, § assessment dimbid tfnancing Yrdude: 2, and own charter Imitations • Impnwernent Act of 1911. Cal. Sts. May proceed under a general assessment 8 High. Code § 22500 of seq.. law, or erect local sseessrnsrd Iters and then elect to proceed under the local low. • Municipal Improvement Act of 1913. See J.W. Jones Companies Y. City Of San Seo Cal. Sts. & High. Cods §§ Diego, 157 Cal. App. 3d 745 (1964). 10000 stseq.. May impose business license taxes for any • Improvement Bond Act of 1915. Cal. purpose unless Imied by side or federd Sts. 8 High. Cods §§ 8500 d seq.. conaftelons, or dly dwtr. See Cal. Conal. ad. X1, § S. • Landscaping and Lighting Ad of 1972. Call Sts. a High. Coda §§ May !meow real prop" Monster tax: does 22500 at seq.. not vdda ahher Cal Const art XIIIA or Coliforms Government Code section 53725. • BwWRAsssssnwdAct of 19M See Cohn v. Clyd0~. 223 Cal. App. Cal. Govt Code §§ 54703 at seq.. 3d 261(1990r Fielder v. Cly of Los Angeles, 14 Cal. App. 4th 137 (1993). May impose busmnew license totem for roguery pub, rsvmm purposes. or boar. See CaL Govt Code $ 37101. May not impose real properly trander tax. See Cal. Const rat XIIA. § 4; Cal Govt Code 153725, bud see audw* to impose dw mwdwytramdertaxesunderowton draammnces. Cal. Fay. 8: Tax. Code § 11911(m), (e). Sbeeft a Sldswal m Sole hes proarrpbd entire iald dtroffic State has preempted rfte ttdf of "ft mrdrol Cal. Vsh. Code 121. control. Cal. Veh. Code § 21. Charadorfsfic General! Law city charter CRY Pubic UtgMledFrarchlsss May establish. purchase, and operate public May establish. purchase, and opera public worm to furnish its iMWtents with ebdre works to hunhh its Intrebitenls with electric power. see cat. const. art Xt, § 9(a); Cal. power. see cat const. art. XI. § 9(0); Cd. Gott Code 139732; Cd. Pub. I.M. Code 9 Aperin ont Assn v. Cavity of Stockton, 80 Cat 10002, App, 4th 099 (2000). May grant franchises to parsons or May establish conditions and regulations on corporations seeking b himish Bahr[, water. the panting of frenchism to as city atreete power. had. transportation or to persons or corporations seeking to furnish communication services In the city to allow right, water, power, hot, transportation or use of city stresta fo• such purposes. The communication services in the city. grand of irancllses an be done through a bidding proeas under the Broughton Act Franchise Act of 1937 is not applicable I Cd Pub. U91 Cods if 6001 -OM or chars provides. COL Pub. U10. Code § without a bidding process under to 6205. Franchise Ad of 1937, Cal. Pub, LK Code % 62014302. Zoning Zoning ordirvinces must be consistent with Zo Ing ordmenees are not required to be pmW PI@rL CaL Galt Code $ 65860. comisterd with genwal pion unless the has adopted a consistency requiremsd� charts or ordinance. Cal. Gott Code § 65803. Information from the nonpartisan California League of Cities htt,o-//www. 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 charier 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 Cl. (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 rase -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. Xl. § 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/chartercities • 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 Undied 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.//www cacities.org/chartercities 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 http://www. cacities. oro%hartercities 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 officals: • 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 -government 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: htt,o.-I www.cacities.org/chartercities 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. Govt 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 wart 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 htto://www. cacities. orcilchartercities 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 inifiative 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. Govt 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 Recorders 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. orcc%hartercities 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 citys 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.-I www.cacities.org/chariercities 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: h ttp://www. cacities. orp/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 Shafter 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 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 Couoct7memher 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 fiather discussion as well. At the conclusion of those matings, 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 fid Council on to we if they wanted to include certain provisions in the Chatter different than who State law provides, where so anthorized. In addition, the Committee wanted to share with the Council its thoughts on other various subject tatters and to bear from the frill Council. To assist the Committee, it followed the League's chart on items to consider in a charter. The Council bad been provided a copy of this chart previously. A new cuter is attached to the staff report. ibis dant now includes an additional column where there where responses provided to the Committee based on gees ions asked. There is also information on the Committee's position on an item. For example did they want to defer to am law on the topic and include provision to that effect or not or if they wanted fidl 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 we highlighted as well as noted with These items include: AGENDA ITEM V) City Council Meeting Sepom lw26.2023 Pmgc2of2 • Elections • Tum Limits • Contracting Services (want to see what consultant recommends) • Power to urate an office of city prosmItor 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 coosidered 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 RFMIUMMATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL RKPACr Thur is no fiscal impact associated with the recommendation of this report. This item has been noticed through the regular agenda notification process. Prepared * 1¢aeit I?& A MIM Rachel Richman, City Attomry Attachment: Committee Updated Chart with Comments Attachment A Committee Updated Chart with Comments k / .E E / k ) \ E \ Q� k\k/ A /m Ea aaE_S ■ !a &«#�; C ! ``' |_ § (�7 § \)9) k\\ kkCO (31, !M, k . � 0. E� ) ] \0 EE= 8 �k f{ {;=-0) f;{// / & k(kk5- 80 §9 . ) . a■ . 2,kkf|\ im6E /f§ . wSdmm -@R;= ow �¥E k\f%!0 0 c - )� k#!E —5 ilfk kk�c 0 \ §2�£O>I� E} =k \ f �2o LL O o. v M m j r� m � W L N c c 3 m A V —° V 52 Fj 'm0 C m d vO i.0 $ 0' O i u c p N =A C C O °3 c_ I tp C N C d L .G M p O u yr N y ! ;° o V A G I O > LA ro Im O d ° N .mac C C O V N O O c I U �`f O ^ LL r • CL9� 2` y011 U r) B C O m N ; Gl L m C U J N Y V 9 L 5.8 m O U i. O A C C O C 3 ° m A m J c m a 8-0000 $ - 320 mmpUmo� >; W m : 0 c m i D m,LU 2 w= = o 41 �� T m y W Q N W v1° L u n�O'z�oCa3i �j V i0'1 drum T y C O a _OL 0 GX�°N �— � O �r��U 2 W J m 5 N — p U N C L NU. n°u(D mw ao�� 4)F W Q J c$ o0a �$I 30 C) y°Q IV U 3 di2!r°o„'p lO L 2g M. c'pWE gg v CN U) n, N V p 0 01 N C2> OSs °2 >^po�`v U� -OOHca roe IA OaEa Of` TpN py6C C7 i E T L MA c„ w yy CiG� 3 c G G L V c n Wa y G y N II � O ° N Q C W J ID J Y J W O O C O O•p S L W C U C (U,� W W O C W U W C L W W O $F� v r L U O t6 C O C T N J U C N W C O N> C C 2 U I O Ow r� c �L E 0 r� 1° �0 rnv L cm m m m n c 6 m= W 30— V N .Y- o�o C O+ C d C >' LN O .= La U O �0 a syr°Wmg, to IZ° Zm N5 TC EpONd ~ > W C N n E 0 CLL ! O> N W W O U m C 0 N O N � .03204 N N O _ J C •>' U d i c W II � O ° N cN Sp �C7 J m N.Y� i ° c�z— EUWE �-V W C L V 3�UX C $F� v Oo 0 `�03 0 W� T L mmtcQ eco=.4 :.i a 00a Y `88 ri J m3'io) E a Mo i i '3o US>UU-- a 3 2UU W N � O ° W C L '.' 0 `�03 0 W� T .� V E J W O L �c mm0 ''>pp^^�'�''T m U U W N5 TC EpONd ~ "IQ CYG yyuo GSW aN N � .03204 N N W ` c N W O L O L y y m T> _ W Tr N "O N W L m E Ci ry cR 19CO0O W Eao m'- NU wo V N r W 0 C 'y N OOW U 19 N 0 .Q N v�C E W W L W N O W :D lox n `o - d U L N i$ U W O Q > J o W C V i Z 0 0. U f U __ C W V O 13 W W W3` b LL y DE J U.0gWoa 0 U H �i2V /7y 7 W dw CW i W -7!# : j{ fi;]\ELC— , K A \k ,Atom -EO M033= !#i;= P-&ƒ- :6 ® ° °�§§�f°))e\i/]!Mo # E!.}■k c!_§f}§ z 3ki!!# �2e 008/,U, t#§aa& [)k§A(f727777kf a9s> x 2|aES;lr<0mw2Q o !u� ■ !$)§%� co j °k2%!® �; k�f{()k � 2E6 A f - O! 43 : _ co ® o \k) \}xM ( �0} )o{k Iia!!;G Af f§f/ 2|-!E/� «!E @a■laa� � 'U))0/k§ |9c \�\ \\0\) 2` `-0v ¥a 17! o-0 �! '0u !§§!! -7!# : j{ fi;]\ELC— , K A \k ,Atom -EO M033= !#i;= P-&ƒ- :6 ® ° °�§§�f°))e\i/]!Mo # E!.}■k c!_§f}§ z 3ki!!# �2e 008/,U, t#§aa& [)k§A(f727777kf a9s> x 2|aES;lr<0mw2Q o � \\/\k,�n\ ■ !$)§%� j °k2%!® �; k�f{()k §-0 �!! A f - O! {k!)o � =g ® o \k) \}xM k/k)k\® \\\ a) Iia!!;G Af . ,li;l; ! 2|-!E/� «!E @a■laa� � 'U))0/k§ |9c o | CL §\ /EE [E /ko,e o:wx. =g in ■ 2 2 ! 2� i§�l ! ! u 8 r� $ ! ! 66 Hai § � 'gig s in _ �Il v �$ .11 ■��� I��$ � » � � a � �R ZE ■ ( �. -- § § /\{ k 7 a, o k �w )�/ /� k fk/ 2� ok!!Me a , 0£ \/ \ 0\ ®°|; ;�§! |ate` 3§��b■»| $ § ' A &&fft-!k� ° 2� (f\kkj\ MM . g � / � )§f2!!&|§ �■#k§ ■ NN2&7 � $ffD £ 'E.G0 U §�_;! . � #);}] . e Asa ! � \■t¥\2 #§k§f2 $o0 co w IM M :3� j\ 0 �■ W � $ $2 a � ■ ��� 2§I 9 . cits iliia, �|■� — � k cl _ ■��,�A .�I■ § § IC 8s s� _R C _$ 6a 13 cc _ 'gyp ' s AD �N v gg y' Q s_a� sem' E ISE i I'I�$�-O< H i 8 . $ . 8its �JS' V�N t0! rr A 12$95 O $bit bi O E� _ ��t ` {{yy L' mmpg CC ppppp � � O• —ace 3 �CC p$Qpp1CalS act LP ci��a�e y.� Ur•'Sad Usi� Alaig. • v N ]Ali pli 11.Eaiq Igo M O tME�� ■ �-% a �!■f � a� & gills;I% L_ 3 m L ;R ami 0-6 n d E d O O O O t D m C O ,ri1` CD E Q n C o T N m L TY c 1 U Nmem O�Oa=� 4 -aO�f ?ca? fo0nUc)atcr =mocm nmLc�d 0 n L m�auim-> m mAQlot V yyoEU4 tEa E;��IDm m Uoy5� m>Ev%r�i�a� L70 mE� lV I� c 3 � F .- M O tA U °(n o - e P 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 by: Ericka Hernandez, City Clerk Attachment A: Committee Updated Chart with Comments Attachment B: City Council Staff Report Dazed September 26, 2023 AGENDA ITEM 7.A Attachment A Committee Updated Chart with Comments j , E _£ ! E : a. z ! §& {�k $7!2 %fes) '�; k k)K �}/0 \))\ E ,!t )§®) •��' ■E !!,¥ 7!§§ C E k/k§ o �6k% \ow=« 2 .2 )(k! ,2£� ] ��E \7t# ■k\f■ !!i/ m �laoi § EcE |0 a!■ta f %9 52 e °2� moi `�' (#/ -E. � § M.2 lE��e !/m /kE ) \kk\ )°M ° -J k E• [,m4)00> )kk 3f e .§ - !$c!E » , CL k^? Q ;©- »a&=-W£QzE\a k! 4 � rlm-.S*W �k� )k/ k(E#k][)�Fƒ !| {k§ ,«m»-;,fEa }k){{{[0Ia§ 7!§ !�lC■a' �mw(#t([§mk 2 § �k a �§ /J ft�` E> )\\\ £� j \ ; c !! ! c 2 0 2 /�#|X59 $ § AMM Bk 2 �))) Ms /� $$ \% f;§! \k! �a ;3 $ A k \}i �!!� f% ®/ go- �§ \\;§ \\ kk kk{ § § e % M ®dk $o away]!,$ ° J �\tee&22 k\)# ° ` " )m§n) & ) \)m2/ - =in o L) ; ■%a a 00 §{\fM mLmo Zdiw e�! !■_o 2 ®f E k) _§=d,@ {kk5e,»-0`3 f,lo__ �} w /) ®``! _ x`2 k \�( �\0/{02`0 LD cM E°® 16 gm) J \f§ J�|�)aoa2±, =;f3|£M-0a Ja _ 2!!_!£ :} 0k 2I({Us, a �e|;!l,oa§ �® ■k 0- �®t� k0 �2 Ul &z ;o \ ; m N d O U O U Q C IC U r. O O V O uONN c UC Ci 0` 00 C O :o Otf� j 3 N O A C O L- O J U A �13 C C CN1 3 (� m m cp c 3 c c$ E .�y.0 U O. U o 3 ri C L d !a 621 L N N A 0 4 goo CT tV 000 $£E U TQ CTIy m 0I0 3 O` Vp` 1110000 )0 O O L N L p E E m0 O= C > O C) C m C T o Ci C— > V C m0 O O U O O Z� MCi �m� am zo LL �m O ca)� >,Nm>00 C1 m m m TCN O E N Ql a m 0 { C{pp N O m C U 8 m IC �_ IC O aU N UINCgJo 1;520 O U 0 V U :o°CCN J mg.4nbi u'U' C Z^ .°=o w)i1a0° �` � L C'S p €2 0 y O9UX 0 >C6 C O C t01 t'� co N O CST a7J�.S2V C— m C mX_o Z U mOM cQ maw s m o?)UO�i 52 RA �a —0 _35E o U u>UU._, d cR TUU N L T j 0CD L„ O O a L CL CI U M C7 O_ .'.. 0 ��pp C >' m ... > mL Q C (o WE O E g (7 C V W N td R V T d d—O E=ti C O O dao U () y.c �+ � 0,v'6 CL m n_m E _ d O .. — N T> 0 LL.. N U iC m CI 41 s wr O w E m— m-- m -o ci 0 0 C d r. N.. c=m yM2 Ci a y O' 0-0 OL mvEOupN� O W"I7 O� Cly E :Q o: a0 d00 �t1 02 am wQIm > Qom, C�NM7 )O U, aC C� �n+U aO 2 U N Z u N C N r O IC o C c� E u m 7 R - LL 'O .V C J t0 O O.2 U�w = C O v m �.� E E ; n L) m N d U�cy 0 G d 0.Ew m di Qi 0 O Y 0 T C ��p N @LL 0 CD 3 C G O C T s N C R ry Y p Ea`1$ O� 7 js E aNi1p Ncmm Eii N t' L N m J J J6 L O O 401 0 0 0 /Oy oogVm vm$EJo i L U ?� G r 0 v L Q N CIU J .T. "_'C 'v °cpm°$m1 ` N O C 0m a°a`1$a1c E -= ti > O $ J m9LLTLj m M9 0 0DU N O 0 T_ ��Uo'—E05.-CDOM —� � C mCEp0) �cOJRL'� va �0 0 mo `� aCO momo,� n-�'12 �m01 y Jo c�41Ec_ ... V °i N W 4) N 5 101 `O IC S VgJ = 0 '.c--. 41 N fOf Oc_ T E C> 6 C 0 C d Z` m ppE y $$=y Jai° �>o>cgX iEU �dUm 0 �� �c p E ° m M 3 oe E � oxr�N L4y� 0y C� y 0. M Cm C E m r�01 J �j 40j'yo�m° oom g1�Eom 1 r � i1Y Sm O�.pU L) �19NcCi0 y0=�(OJ V c i O N uaf0i�ui. °0 °> 73- 0 N c O- a2B ay�st o 9 O _. G— 0 N�� T n= ii Ey O r 0 J J Q U N C— X 0 0— H y 0 c> U J — E1p N) 0 G,2 w,2 d N c > c r0H C y C0'I 8,701` 01 N i Z' EpG T C 4Y 2'5 E M V) 'O.2'F) w O Q C O m C m m y 2 y N C w U Q O.-0 C d �OEp MEEMa£ o d o A x (D j A F p U U c W K C Q ri ic Ali] a 8 Ch E cc C5 2 A! IAR 4, I w, L5 0 a ui cr aj Ck 35 E 2 Li �..86 m $ U a 1 C L Q �CD y f. C Y ' IplJ r � A'. E r4is K, O Z �OC ..;4:, ap O���DOAV�p 14 Dillua-Bill S U CA P g� m X SIA � ALU i u 32 o Ap �T5 h3 L $ i �g _ CL CD U* t;d G k -� c 0 ■ $§( ■§, §) )oE F{] 2c 0 ma 2� §kik w -2 § i��! \ § vzo ■0 \&f�la2 0- , ■ ;;CL, ¥.§7 ) o§■ao■»| \-i7! A 77 f/§f)\) »k k\dmMW w! ;a¥e# U /5!!),■ 7k r■�-a � ea,;* Cc kCL {0 # ! # � aka � |Ekk±® k`LD Jk■@32 � 0— ® ez to U o— c 9 0 N C �g mCC 111is.Q U S m 5 c dOC Y8�5 AN 588 fig��3^$$ ��� I i-59 '8,s SEL _ ' m 32 $. IS all m- �1 j Ho 9! ® jai G 212 to $pa �5 O CL s E 2a 3Citg.. ffi�E e H iHiwi PM g� LF o _a go 3i� y� Y a��$ �� E�`s� gni a SI SL 0 B illE a M. �ttOO qq A C HIM CO) �k sat 1' rz ?A , pyo r^z!� V a a 3 O r iQ z -6 LLul r. Ilse hP to) I p to pp o = 01 c gig fe -61 9 1 moo vo V c T .. 9 2 a C T — 6 co 13 -,04 t Lpppp: � = 1.? --a :1,1 c ---oe r I r r= 31 r. s 0 Is V) r 0!! C6 "6 Ad 0 6 0 I W. 13.1 c its IL cm 068 M c Hill OSil M a to f3 SOS L? CLj log op 0 49 of Mmg 4j CL list All L m Eo 'ar E m a « U � m 2 cDm V C m !_' c _m W m CC O G moU ML% O O U N i4 � Uj m O m J L M T m Q U Z 3 m� m� �mE �c =n J m ay °Om v mC ° 00, m a O T« , , OtL.. « U• V �O A d V c �p m 0 N y�O`WIM m m p an OmaLC�mU'�11j w L: G m Y1 93 c m U m`p N C m O d L m�mm_o' m m aE as V r° 0 y m E-v� m I-Eo m J._ m J m �C9m�vELw�`ri UmE� 0 E O c 3 80 J200 Edo ii D m U C = T ° R V L N C J m p d mc= C m JQ t O m Tm� c J U E (g C 3 (n U o w o L o> 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 SUB]ECI't DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY 6SY 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 Ca mcihnember Annents. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions ea well as the information provided by the League of Cities on the various items that could be included in a new city clmrter. The Committee preluded questions that were looked into by the City Attorney to allow for ftrtther discussion as well. At the conclusion of those meetings, it was determined that before taking further review and consideration on the overall Chatter, thern ware 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 differun than what State law provides, where so authorized. In addition, the Committee wanted to ewe with the Council its thoughts on other various subject natters and to hear from the full Council. To assist the ComWUM it Wowed the League's clad 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 cohmn where there where responses provided to este Committee based on quesdrnn asked. There is also information on the Committee's position on an item. For example did they want to defer to state law an the topic and include provision to that of bet 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 warned io discuss in more detail which are highlighted as well as noted with""". These items include! AGENDA ITEM 7.D City Caaeil Me•dag Sepor W 26, 2023 Par 2 0(2 — • Elections • Teen 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 cha=, 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. Tbrc cutoff date to submit the matter to the County is 88 days before election, which would be August 9.2024. STAFF U&OMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. Time is no fiscal impact associated with the recommendation of this report. PiJBUC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: 'Q n�%1Ali'QiL�'1 M/Q11, Rachel Itichum r, 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.ANGIIAGE _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 chaner language: or 3. Take such additional. related. action that maybe 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 Cite Council discuss forming a subcommittee to evaluate the City's potential conversion to a charter city. The City Council continued the discussion to its Februan14. 1_023. meeting at which it established a charter committee consisting of Mayor Ly and Councilmember Armenta. The Committee conducted two meetings with the Citv Attome}' and the City Clerk and reviewed and discussed charter provisions as well as information provided by the Leaguc 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 Much 26,2M 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 charta. The charier 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 charier and the tams of airy 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 tecommended by the City Council. Public HearogAequiremew to Adopt a City Charter Before submitting the proposed charter to the voters, the City Council must bold at least two public hearings on the charter as required by Government Code Section 34458. Notice of these hearings must be published in a commooity newspaper and in three public places at Ind 21 twendar days hien each public iear>st The second public hearing must be at least 30 days after the first public hearing. At lead 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 than adopt a motion submitting the sproposed charter to econd public treating a City's voters. The City ing this Cou=L however, must wait 21 days after the n. Tonight's meeting and the April 9, 2024 meeting are not public hearings as provided above, as they aro for the Council to discuss the Charter, and there would not be time to notice for April 9, therefore they cannot count towards the (Sty's two hearings required under Govemmmt Code Section 34458. At the April 90 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 dere to submit the proposed charter to the County Clerk to get on the ballot for the November 2024 staaewide general election is 88 days before the election, which would be Auaast 9.2024. Theoretically, the tared the City could pod notice of the fast public bearing on the proposed charter and still submit the charter to the County Clerk is May 28.2024. To bold two public hearings, 30 days apart before submitting the measure to the County, the following deice aro being proposed: • publication of first Notice of a public Hensing is May 6, 2024, in the newspaper. • Tice fad public hearing meeting can be achedtiled for May 28. 2024 (21 days atter Notice of public Heating publication of May 6, 2024). • publication of second Notice of a public Heating is June 6. 2024. in the newspaper. • The second public Hearing Meeting can be held after June 27th (30 days atter the first public hearing meeting of May 28.2024). City Council Meeting Merrh 26, 2024 Pap 3 of 4 If the City Council !olds 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 mcesure, 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 rammber, eligibility, salaries, and election of Coimcilmembers would not change. The table below highlights some of the key differences between the proposed charter and the City's cuaent general lave sty status. Subjeo H&UW - Gensirdtaarchy ttosenww Cods PropwadCharter Term Omits May provide for term No term limits Term limits would be limits. Cal. Const. art Imposed after five X4 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 applyPros prosecutingAuthority City only has the Follows State low 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 ienited N/A Power to utilize Development authority to support revenues from the economic general fund to davelopment projects encourage, support and within the City promote aeorwmic development Purchasing and Cities must follow Municipal Code Would give Council Contracts state law on Chapters 3.24 authority to adopt own competitive Marling (Purchasing purchasing and System for Non- contracting procedures Public Works byordlnance Contracts) and City Council Mea ng Much 242024 Pap 4 of 4 Thee is ao fiscal impact associated with the recommendation of this report. BNVIRONNMN AAL ANALYSIS This agenda item does not cmtstmue a project under the California EnwromneuW Quality Act ("CEQAI% and it can be seen with artaiaty that it will bave no impact on the environment As such, this matter is exempt under MA. PUBLIC NOTICE PROCESS Tbis item has been noticed through the rtgdar agenda notification process Prepared by: Oveatii Rachel Richman, City Attorney 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 purchaeftV procedures are permitted Preference for Must fo8ow No preference for Would give Council Veterans contracting veterans or authority to adopt procedures. Public dlsabledveterans 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 Thee is ao fiscal impact associated with the recommendation of this report. BNVIRONNMN AAL ANALYSIS This agenda item does not cmtstmue a project under the California EnwromneuW Quality Act ("CEQAI% and it can be seen with artaiaty that it will bave no impact on the environment As such, this matter is exempt under MA. PUBLIC NOTICE PROCESS Tbis item has been noticed through the rtgdar agenda notification process Prepared by: Oveatii Rachel Richman, City Attorney 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 ofour local goverment will promote the he" safety and welfare of all the citiaens of this City. We do hereby wwrcise the express right granted by the Constidfion of the State of California to area and adapt this Charter for the City of Rosemead and to ensure thatall municipal affairs that may be controlled by the City as a local control shall be. ARTICLE 1 GOVERNANCE Secdon 1.1. Ineerpomdoo and Succession The City shall continue to be a municipal corporation (mown as the City of Rosemead. The bounds= ofthe 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, poweesed, 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, whichcastaWnst the City at the time this Chattertakes effect. All lawfiil ordinances, resolutions, rules and regulations, or portions tel; in force at the time this Chatter takes effect and not in conflict with or inconsistent herewith, ate hereby cont mted in forte until the same have been duly repealed, amended, changed or superseded by proper authority Section 12. Council -Manager Form of Geveraaeent The municipal government established by this Charter shall be ]mown as the "Council -Manager' form of government. Section 1.3. Governing Body The City shall be governed by a City Council composed offive Council Members. The adoption of this Chatter shell not in my way alter the current terms of sitting Council Members or the date of elections for City Council. Section M. City Council Sabrus Council Members shall receive compensation for their services in accordance with the provisions Of State law. 4e7474104W v3 Section L.S. Ffiglbility for City Council Only persons meeting the requirements set frith in the general laws of the State of California shall be eligible to run for City Council. Section LL 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 I.B. 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 ituseased citizen participation in setting 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 fiver -year tams, either by election or appoint. This section shall apply prospectively only, and neither the current term as of the effiective date of this Ghana; nor any prior tams, of sitting Council Members shall be counted as one of the five consecutive four-year terms described herein. Any person who, eiidier by appointment or election, serves a partial term of office as a member of the (Sty Council shall be deemed, for the purpose of this section, to have saved a full four-year tam. Any member ofthe City Council who resigns or is removed from office during a term shall be deemed to have saved a frill tcon. ARTICLE 2 MUNICIPALAFFAIRS Section 2.1- Municipal The City Council may adopt and enforce all ordinances, resolutions, rules and regulations in respect to municipal sdfairs, subject only to restrictions and limitations provided in this Charter, the United States and California Constitutions aodppplicable, laws and decisions of courts with eompeteat]urisdiction.VAthresipeatomymrmicWaf iirnotexpresslyaddressedmthis Clatter, until such municipal affair is expressly addressed in this Charta, or until the City legislates over such municipal affair by the adoption of an otdinence(s), the genual laws of the State of California SW govern 4M?41P4nZV3 Section 2.2. Powen of the City This City &hail have all powers that a City can nave 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 gram 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 Chatter and in the Constitution of the State of California. The City shall also have the power to exercise, or act pursuant to any god all rights, powers, privileges or prooedures, 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 emmreration 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>xoessery 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 tum, except in so far as he or it may be entitled to do so by direct authority of the Constitution ofthe State of California, or ofthe Constitution or laws ofthe 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 gram therefor in accordance with the provisions of this Charter. Franchises shall be wanted 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 hew. 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 p mmota apub] ic purpose. Sutton 2.4. Economic Development The City shall encourage, support, and promote eeonomm development and community development in the City. The City shall ban the power to utilize revenues from the general fund to enrwurago, support and pxo®ote economic development. The City may undertake economic development activities for the pugx m of promoting the general health and welfare of the inhabitants of the City, job meation, improving market rate and affordable housing options, pmproving retail and commercial options, unprovhrg dining, entertainment tainment and recreation options, and improving the City's tax base thereby fiutharing the City s ability to enhance and provide municipal services to its residents. The eoonormo development activities authorized by this section are municipal affairs. 4M741062rrr3 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, diaeharge, termination of such employees, and the consolidation and elimination of positions. The said merit system shell 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 amendod, by ordinance of the City Council, front time to time, as may be required in the discretion of the City Council in the public Warest. Section 2A. City Prosecutor The City shall have the authority to establish an office of City Prosewtor. Such establishment will be by adoption of ordinances and resolutpous which direct the City Attomey of another qualified attorney to prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Chartm City ordinances and such amu misdemeanors as the City has the power to proseeu W unless otherwise provided by the City Council. Section 2.7. Fines, Penalties and Cost Recovery The City shall have the power to enact ordinances p mvidimg for different penalties for violations of its ordinances, and/or this Charts, and to prescribe in such ordinances, forfeitures, penalties and punishments for the violation theroot which punishment shall be by fine or imprisonment, or by both fink and imprisonment. Saban 2.8. General Law Power Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges hetetofnte or haeaRer granted or prescribed by the genal 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 ofthe general laws ofthc State ofCalifemia, the provisions of this Charter shall control. ARTICLE 3 Fiscal Matter Section 3.1. Pucku sing and Contmots The City Council may, by ordinance, adopt purchasing and contracting procedures, thresholds and requirements within its municipal affairs authority. 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. Redactions prohibited Revenues raised and oollected by the City shall not be subject to subtraction, retention, ettachmeM, withdrawal or any other form of involmntaty 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 per%tmauce of such fraction 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 Propos by initiative orby the govemmg body - ARTICLE 5 INTERPRETATION Sectlon 5.1. Constracdva and Inte pretadon lye language contained in this Charter is intended to be permissive raffia than exchuive or limiting and shall be liberally and broadly oonsoued 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.Z Severability If any provision of this Charter, should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, tin remammg provisions shall remain enforceable to the fullest extent permitted by law. LTA Attachment B City Council Staff Report Dated September 26, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN ISM, CITY MANAGER DATE: SEPTSMBffit2k "n SUWZCrt DISCUSSION ON iYSTAMISMG A CHARTER BOR THS C1TY The City Cooncll has bad discussions nbftd b crating a charter for the City upon which the mddema could thea vote an to approve or deny. As a part of the discuadan a oommitbe was aubyahed wbich induded Mayor Ly and Caamo'lmombar Amtenta The Cm mtee aamdtteted two with the (Sty Amey and the City Clerk and reviewed sad diaeuaaed claeer providomt a wall a the btibmttdaa providod by the Lague of Cities an the various b ms that eadd be included to a new dW cbader. The Communes psesentsd questions drat were krolmd into by the Cit' Attameyto allow fwfmd wdiscossionas wall. At the conchvion of those meetings, it war ddmm%W that before taking filum review ad comddaafion on the ovmn Charts, timc wets isms which do Coomun a wanted b larva a diaeetdon wi& the fall Cestan on to we if dtey wanted m iabnde certain p ovisions is the Chatter im - dm whoa State law provides. whoa so mahorim& is addition, the Coedminee wanted to shoe wlih the Co neii it, thoagts on outer varium object matters and to hear fiom the fall Council. To ad= the CamroittM h fdlowed the I.eagete'a chat on items to consider in a chomr. The Canal bed been peavidd a cagy of this chat pseviohsly. A new motet is attached b the staff repast This chart now includes an additional cohmen where than v i m responats provided to Bre Comminee basad on quabom aske& mom is ala u& madon on the Comminae'a position on an item. For c mpie did shay want n deft to alae law on ire woe and imchsle provision to that e$eator at or ifthey wantedW Colman input on enh m. The Chartis attached wi& ft addi ional coh®a of afxmgfm arA gact on"s the Catmittm waded to &m= in nae detail which m highlighted as well a toted Them items include: AGIMA ITIFM 7.D Caycmwi tie Sgombbr26,2023 2ef2 • Eh diom • Tam Limit: Ccotradiag Savica (want m ax whit oonalf.nt recommends) • power to aeme an office of city pwowtaor ro ptosectae misdcmeanor vioW=x of state law As it rdda to the timing of a pdaotid dad= an the cbew, the Secdoa Code ba limitation on wbm an hortative to beomms rhww Wv city cart be coosidaed by the vows. As confirmed by the Coo* Mcdom office. Ekdieas Code Sedim 1415 and 9255, provide that a new ehuw propood mw= baa to be voted on at a Adewide gm eW election which omm in November 2014. The cutoff date to submit the meas to the County is 88 days before eledim, which world be Aagmt 9.2024. Tbat the City Coovidl diwm the Charter and provide &cob= to Steff On aY next SUP it wmidh'kemtake. These is no fiacd bVm amodoW with the mmmmendation of this report. PUKICNOIXZPRDCEis This item has been noticed tbwa& the regular agenda noa iesum prows. Pmw by. Raver dbSidusrarni Rachel Richman. City AttonW Anwhmem CammiWc Updased Chartwith Cm=mfs _o s�=� o ��.e �� w 8 om ������,a ��� §c J!| @ ! ; ) . k� -M)k§/ l0 -u 0 ! - k�lq!!�) ■ �k��� 2 !/!2 } k -� S\ k! ! !e)k ! \\ (§ � e z - i -a ER u ƒk �) �,■ �k2�{r!l7k. 4;;lE2!l�;� 2 k .'!_)F { (k! �\ i // 33 ;0 § �# !2 06 )�§5 �!§ 0§;N J!| @ ! ) . ];\ 0 ! - k�lq!!�) ■ �k��� k! ! !e)k \\ ° � e z - i -a ER u ƒk �) J!| @ ! \\-! �a k! ! {\ {{ } ao's � 7§k 32 �,■ �k2�{r!l7k. 4;;lE2!l�;� k ( { _ �\ i 33 ;0 § E J § § "0f As r »2 < \\\j . # \\\\/ M wo Q )k/ °�� ;-m k9 �§\\ : § 0\,ƒ$$ .CL k\ /M c���§kf kk 2 �{ k#)\sae] § - 10 0\a\§; 2 § }! !];!!a !&a) ! J k ` O'CrM�k.2\!{§k$ z0 ��- ( t��o e» )k/\{\kg\k§� $�Qk ikn■ !{E $� )k# /!@ -„ aa_u !! �oo § ! As r k \\\j La.5�] # \\\\/ M wo Q m ,0- kaa»! ;-m k9 �§\\ : § u■3 .CL 2�\U&& ) ;(;� \$ °° § - !«])U- ,)A% ƒJk !];!!a !&a) ! J 2 w co 0 ,a r k La.5�] L))\ M wo k�{ £t^ : § u■3 .CL ) ;(;� \$ \- § - !];!!a !&a) 4a ! J k )§{)\}E§d{! ( \\C ML4 $�Qk ikn■ !{E $� )k# <a:2 ;= B\! |�wa� _@$ 17�! .Mt ) a, o7ez,�o co 0 ,a r k La.5�] L))\ M a | ��� £t^ : § u■3 .CL i RGd L I d i i a_ mH o o e n � U c C , QI IC W W u - Q m C- 0 9 L N nsm C G A A Y Q y C d j E i 6 N> Y TD OI N JL.> >Wro CL O C v>p;�$—o =J=W aol o n __ o uU i _; e%' IU U $ p E N a5'�mmagqyy CI Ey`3 o'o cs � Ncm aci c H E E I< 2E fnmoo= CIC L NNj OI J J CD E pq — 61 O Em Zp WcqENW m O o t ULC `uoS Nu �ba UW CE$`U���°"tLdm$L"3L;$> E°omn $ a BAR��vO� =Co ti V W��=�� c jEg� So E$C 91= 3� W W n O f ioi OuX 295 $u oS mUC3 � I d i i a_ mH o o e n yl O j C n C V W W I 2x m .2= � ioe - Q m C- 0 9 L N nsm J O c $Q'0ESE '$-8 v u c o O `I o� oyy� U a= 3 U W C O N> Y TD OI N JL.> >Wro C v>p;�$—o HdoVyclm� I 1 �,1C^� t J _N 01 t�f C O+ m, b 0° b 0 H V � V _; e%' IU U $ p E N a5'�mmagqyy Z'cEonE'aEc' o'o cs � m'-0selun¢ ymn I< 2E fnmoo= e O d E yl O N y o A E S E E c a E O W C O U 2 U c W m c $ >Wro zo a �■ • , chi $ �@ �$ �§ � ,!� B $§a 'V ! � a I � � � l fill ■ di t . � � ��� � � Hallfill, �. a� ■$�, k Ial !!$ ■I � c �� � zo 2 ■a{ E!k\i _( It ■"n \ �§k\/ � !■2\& .2!�! { 7§ «22s iE »00 | Cc ) - 8= z -a !!f - _ § ,�_ /5. '2e ,,,` ,EEcif #a! �o !GG ka%_ ; , / ° `�|\ ƒ }} 08 LS 8 f El k § B ■a{ E!k\i _� ■"n � �§k\/ � !■2\& 22%44= 7§ «22s »00 El k § B v O 6 �i s g s file it O � a ' - i - ■� $ , at � s �a� �a! . ■����■ a O� (fi c 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 fiuther 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 b/ r'V 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 tiw, � � � § E , 'i ,/»t 0 ` a \� § �2 E|2a af_E A o '.| ,., l�It .-a ■� 15:55 !�|° ��! § ■ !`� a - . ■ -e% f ,E9 § 2 .2 f3 |� 5 ■ U ..■�■ ■ § d J § -|a 5b�■ 2�� � � � �� • ® �!� �|$!|�2,§!■ § !a B alp;■ 2 ALP,rl @�a=-CCIL £• »�a� ee 2&§a «o■« §k �o � � � I � {/ - \ \ \ ��� % a 2 §ƒ#\»b § � �a ! 2 k' \) §! 0.2 . ■E m $ `� ®k! )k M 0\ c C=vv U \ 91 a {� \\ \\\{k! Ik�k\\ 0 - !2®�■ #�\ # -0 me L) | � /a=!°" \ ��}§!k0| )\§( t'{°0cnQ - . ,k_ r!! _V § _ �0a!§��� kk0 �kfkw �20- Cc §\ �20. .22 ■e �k\2|;3°! \) )0/kt 0)2 ;t �: aj/! A »&§ \\0.� ��k izl;l;a�-2,� )/\ IEE�yki%{k#2 !%a §■ ° § w� �( ■o �M § §■ ° § w� �( ■o �M § n N m O �+ Y Q C O O ` m O uyn�� Ey �d ,QC aL O; mOW m �L ❑ U 9 >c o f �= E E oo m (� T b 0 N— m Vb >.M o ' 08 n rn m ao c2 oomOE`0 LN � EE $=- >oES c d B o o o N O m 0 WLO y O= oib �mmc�,�''jjnEo 2 0 2 0 ems— C"yOEC dC t; a 0° 0 N O m Otrim Um?°�'om59g an d O u d 880 C V Eao V m V)Z 0 d O V '>oicV ° M m aQ7d�' L U mnt bQ m E °B 0 CL 0 co L � �t4 a com_ .a u>UUn a U 112 4.J N L m > > m O v L mm L ti W1 M L O O C 9 -0- 0 m ') M E E p v c o UUU c vc — U m y o L o 0 8 V 2 o ` °9 u mT x nOo igEE °m m .mm >m L d_ 6mma�o m E d m g N — 41 e m m Ymt D m m `o r m o o E o E D;ZxX no=dut a9 mw+ Pdw c �civiv ai Wy n� oy, T,g UcYiw Z'3 n iV C N d a+ 1 V O 0 io U LL �'a � J O d V V a w m° E 7 Eii .0 U U an d 7 U C7 7 a ° .E w n N m 0 �ita O G N N tTQ Y p a M , cc E c = y m Ca y p� Cc C C UO) (n C C E c on y C , W W MB R m lo C m 15 vt - 0 u; G o L mc'a'v Q/ O C 0 Z 4$ Eo 4`m oOO I0U ��m}a N C 0 N Ol U R2o7i0 D 5f!Em0'>"g�° >m ` C O C W W mO N=m W W o_ U CCraU 'V VJ �.`TnLNU L0) �E.ymn N =ux�p�a, oN0 3L O C 0 0) f nC �g �0� N �.• t.W. Q1mU-. pJ U�Ni�C 3=U m p�e'fOL N L R _LO CQ N C N �j iZ C O j t C m N O E U D m O N O D y 01 y O CNE y C d o b 3 VR V bO WE0 Ex, HZ'S=, =J Wp •dON W�O r2>D>UX AEU �U mt�O)Um N O I : 0 5RRE n' cv Ca+ o ox2`��a, NNn 'm D J rnbg mW n E J E W �3=32 o� cv€°�c$ c oDmv -N=o`W ` > 9 U.Y C V• W d N N C U o _?? , U I Q W x W O_ uy N• d N q� h C 8 �c E .9 Z•aESg �g dC52�m r� on�3 e�im o o W •+ V C NO c y ` m R C y 7 W CD 7� C.0 m E� u 3EErCL u H �O ma c` W O U i U c W O c F- 7 �0 - Q . / � # All - a� ■� � a� \ 11 01 a Sol I | @! Is k �_ �� '■ � �� ■ A ��s�IIl$l� � a■ \ fill 111H III, !1$§$I, �n \ �■� ���� + ���� $ Zig �� . $■� §$� . ( I-all!��$ Ia $ $■I «$! z }zx ■ c ■ co sp g A \ _E£(%■ k!a®� 0-6E » #]33§ 0 E'£ ! co s 85 $)()4§ \ HE BQ suta cri 2! 11-011"Flinif � Al Moll �At a f 8 O ....ORRRR �e lift J13 !a jigh 9N4 I a I If < 7" S r ip 'Qi e e s 2U E EES $ ( B k / \ \u ] j,\ §/2 ;E 6/ §2 !\ F: 0 0 _ a &- 0 P ;)®] !§z\e 00l� ( .00 ■— t§ I � !k); 202- E.) >o�rae@:`, .� ; , 2��00 o E-080cm5 06 !�)) �)\//)j(/ o■_� {kk§$§ kk a§; ■ j !■7 � \ 0 � I 'D o » /}k �k _3 - t , § « 2 |k% m u '0 '0 (L L ( B Attachment C City Council Staff Report Dated October 10, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLEMAYOR AND CITY COUNCIL (� FROM: RACHEL RICHMAN. CITY ATTORNEY 0 DATE: :LARCH 26. 2024 SUBJECT: DISCUSSION AND DIRECTION ON DRAFT CITY CHARTER LANGUAGE _ SUMMARY The City Council has been discussing the consideration of placing a Cit 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 Cin' 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 \layor Pro Tem Ly requested the Cit\ 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 Armenia. 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 Pop 2of4 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 chaster 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 chatter and the terms of any charter. The City Council's discussion of the proposal 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 Hew tagRequirements to Adopt a City Charter Before submitting the proposal chaster 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 throe public places at fast 21 aleadar days Were each oabNe heariar The wooed public hearing must be at least 30 days alta the fust public hearing. At leant are of the public hearings must be a special meeting held outside of normal business horns to facilitate public peaticipation. 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 motwa 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 cemaot count towards the City's two hearings required under Government Code Section 34458. At the April 96 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 cbn= 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 Auaast 9.2024.Theoretically, the low the City could post notice of the first 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 aped before submitting the measure to the County, the following dates are being proposed: • Publication of fust Notice of aPublic 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 28,2W. City Council Meeting Mar& 26, 2024 Pap 3 of 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 hewing meeting is bold 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 Elmdon). Terns of Proposed Charter Under the proposed charter, the City would retain its council-manager form of government and the number, eligibility, salines, and election of Councilmembers would not clangs. The table below highlights some of the trey diffesenm between the proposed charter and the City's current general law city status. JpbjsatMS" t3eaeraltasscity Roserttsad h W"PalCodis Pie" Charter Term limits May provide for term No term limits Term omits would be limits. Cal. Const. an. Imposed atter five M. 9 5(b): Cal t3ov't consecutive four-year Code Section 311602 terms (ether by election (b) or appobrtment). Partial terns would count as full teras. Would only epP pros ProseartingAuthority City only has the Follows State law Would give the City outhoritytowel'u; eine authority to establish municipal code unlasa 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 WA Pourer to utilize Development authority to support revenues from the economic general fund to development Pmjecta encourage. support and wahinthe City promote economk development Purchasing and Cities must follow Municipal Code Would give Council Contracts state law on Chapters 3.24 authority to adopt own compedthre bidding (Purchasing purchasing and System for Non- contracting procedures Public Works by ordinance Contracts) and City Council Meeting March 26, 2024 Pop These is no fiscal impact associated with the recommendation of this n:port. ENVIRONWffAL 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 envirournent. As such, this matter is exempt wader CEQA. 1: P Collr e This item has been noticed through the regular agenda notification process. Prepared by: Rachel Richman, City Attomry 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 Chatter 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 end 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 undertow These is no fiscal impact associated with the recommendation of this n:port. ENVIRONWffAL 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 envirournent. As such, this matter is exempt wader CEQA. 1: P Collr e This item has been noticed through the regular agenda notification process. Prepared by: Rachel Richman, City Attomry 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 Chatter for the City) Attachment A Draft City Charter CITY OF ROSEMEAD CITY CHARTER We, the people of Rosemead matt this Chatter to preserve and enhance the economic and social quality of life in our con m mitt'. Resolutely committed to the belief that local government has the closest aftay to the people governed, and frnu in the conviction that the ecommic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City. % do hereby exercise the express right granted by the Constitution of the Sate of California to and and adopt this Charier for the City of Rosemead and to ensure that all municipal affairs that may be controlled by the City as a bead control shall be. ARTICLE 1 GOVERNANCE Section 1.1. heorporstion and Sueeession The City shall continue to be a municipal corporation lwown as the City of Rosemead. The boundazies 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 egjoy all property tights end 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 existagamst the City at the time this Chartatakes effect. All lawful ordinances, resolutions, Hiles and rgpda ions, or portions thereof, in force at the time this Charter takes effect and not in conflict with or im resident herewith, are hereby continued in force until the same have been duly repealed. ammded, changed or superseded by proper authority• Seedion 1.2. Council-Maoager Form of Government The municipal government established by this Charter shall be known as the'Coaoeil-Manager" farm of government Section 13. 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 L4. City Council SAW= Council Members shall reocive compensation for their service in accordance with the provisions Of State law. 4870-74104= 0 Section I.S. Migibility for City Council only persons meeting the regwz menta set forth in the general laws of the State of California shell be eligible to run for City Council. Section 1A. Elee foes 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. Com Vacancies no 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. Tern Limits The purpose of this section is to create mon competitive elections by ensuring that periodically the advantages of incumbency of a City Council Member will yield to irnwaA citizen participation in seeking elective office. No pawn shall be a candidate for election to the office of City Council Member after having saved 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 data of this ChartM nor any prior terms, of sitting Council Members shall be counted as one of the five eve 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 pmpose of this section, to have served a full f ui year term Any member ofthe City Council who resigns or is removed from office during a tum shall be deemed to have served a fill teun. ARTICLE 2 MUNECIPALA"AIItS 2.1. Municipal 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 Constihuiems and.appliauble, laws and decisions of courts with competee jrmadichm Wiitb respect to any municipal affair notcTressly addressed in this Charter, until such municipal affair is a Mnssly addressed in this Chad=, or Instil the City legislates over such municipal affair by the adoption ofan ordinance(s) the general laws of the State of California shall govern. 4M7410 -M 0 Seddon 2.2. Powen of the City This City shall have all powers that a City can have under the Constitution and laws of the State of Calfamma as fiilly 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 mare and enforce ell 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 Califomia. The City shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or hereafter esdblished, 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 mon in this Charter of any particular power shall not be held to be exclusive at; or any limitation upon, the generality of the foregoing provisions. This Charter shall be hiciudly construed to vest the City with all legal authority and powers necessary to protect the health, safety and general welfare of all of the cib=s 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, oven; under or along any shed, highway or other public place in the City unless they shall have first obtained a grant therefor in awa daace with the provisions of this Charter. Franchises shall be Wanted by the City Council only in the time and manner. and for such purposes, as may be pnstx'bed 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. Seedins 23. Enterprises The City shall have the power to engage in my enterprise deemed necessary to produce revenues fort o general Sod or any other fund established by the City Council to promote apublic purpose_ Section 2A Economic Development The City shall eaeourage, support, and promote economic development and community developmart in the City. The City shill have the power to utilize revenues Brom the general find 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 auction, improving market rate and affordable horsing options, improving retail and commercial options, unpwvmg dining, entertamme nt and recreation options, and improving the City's tax base thereby frmthaing the City's ability to enhance and provide municipal services to its residents. The economic development activities arrthorized by this section are municipal affeirs. 47094ID-Wrr3 Section 2S. 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, advaocemmt, suspension, discharge, termination of such employee% and the consolidation and dinth w 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 Promentor 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 eery 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 aid Cort Recovery The City shell have the power to enact ordinances providing for difficcem penalties for violations of its ordiaan es, and/orthis Charter and to prescribe in such ordinances, forfeituros, penalties and punishments nts for the violation thereof, which punishment shall be by fine or imprisonment, or by both fine and imprisonment. Section 2.8. General law Pswen Nothing in this Charter shell be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or haaaRer granted or prescribed by the genas law of the State of Ca lifomia. All general law powers of cities in California are hereby declared to be Possessed by the City. In the event of my conflict between the provisions of this Charter and the provisions ofthe general laws ofthe State of California, the provisions ofthis Charter shall oontrol. ARTICLE 3 Fiscal Mallen Section 3.1. Purchasing rad Contracts The City Council may, by ordinance, adopt Purchasing and contracting procedures, thresholds and requirements within its municipal affairs authority. 47044104= V3 Secties 3.2 Preference for Veterans The City Council may. by ordinmm adopt Purchasing and contracting procedures, which give to veterans and disabled vexons a credit of additional points, preference or increased grading in the determination of awards of cornmcls. Documentary proof of eligibility for Veteran's Preference Credits and exemption fimn 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 33. Redactions Prohibited Revenues raised and collected by the City shall not be subject to subtraction, retention, auscluncirt, withdrawal or any other fora of involuntary reduction by any other level of government. Section 3A. 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 s uffi«ent for the performance of such function are provided by said mandating amhority. ARTICLE 4 AMENDMENT 4.1 Assendme st This Charter and any of its provisions may be amended by a majority vote of the electors voting onthe questions. Amendment, revision orrepeal may beproposed by initiative orby the governing body ARTICLE 5 MERPRETATION Section &I. Construction and Interpretation The language contained in this Charter is i headed to be percussive mdse 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 manta width is a municipal affair. Section 5.2. Severability If any provision of this C hazW should be held by a court of competcd jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest oicut permitted by hen 4eto.74104Ouv3 Attachment B City Council Staff Report Dated September 26, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN YjK CITY MANA(at DATE: SEPTEMBER26. 2M3 SUB=T: DISCUSSION ON I;STABLUMG A CHARTER FOR THE CITY The City Council has had discinsions related to orating a dta W for toe City upon which rim red I could Om vote an to approve or deny. An a part of the dbmmdm a aommitiw was eut*ndwd which included Mayor Ly and Comdbuember ArmarL. The Coesmmm conducted two maeemp with &a (Sty Attomey and the City auk and reviewed and disaansod dmter providaoa as well as the %hmndm provided by the League of CNN an the various items that could be incl dad io a raw dw drams The Commmae presented questions that were looked iso by toe City Amey to allow for fat"1 discussion s well. At the andWim of thione meetings, it was detamioed this before taking further review and coudde aticn an *a ovmaU Chatter, gm wee hams wbieh the Cmnnittm %noted to have a diewedan with the Silt Cosmid on to see if dwy wanted to include outdo poviaons in the Cha W diffeant tbm what Siete law psovidv% when m aadraim& in addition, the Cammiuee waded b shun with the Caumil its thtturghis an other vaoos subject motets and to hear flom to ihll Coined. DIBCUSEWN To amist the CammiteM it followed the Leapa's chart on items to consider in a charier. The Cauaa7 bad beta provided a copy of this chat pwviosly. A new rant is attached to the staff report. This drat now includes as addinand cohumn whore there where responses provided to the Commipee hard an questions admd. TbWe is also i fwmmdm on doe Comaiuee's position on as item For esampk did they want to defw so sate law on the topic and include p mAdm to toot effiot a at or ifthey wutrodildl Cotndt hVA an an item. The Chat is sumbed v to the additiomd oohmn of ism as wall as noting the mcfims the Committee %voted to discuss in rase devil which are higldighted as wall as rioted with""", Tone items mdude: AGENDA TfSM 7.D Cky Congo Nkeft Swmbee 2s, 2023 Pap 2oe2 • Etecdom • Term Limits • Coohadimg Services (want lame what oasndtmt mxmmeads) • Power to casts an office of city prosecutor to prosccme misdemeanor violations of state law As it relines to the timing of a potential chxxim an the charm, the Mecdm Code has limitations on whm an inlWve w become charter law dty can be considered by the votes. As confirmed by the Can* E =dm office, Mccoms Code Section 1415 and 9255, provide that a now ci - proposal measure has to be voted on at a suuvAde several election which omn in Naramber 2024. The cutoff date to submit the mattes to the County is 88 days before doWOM which woad be Ange t 9.2M4. STAFF That the City Cam it dmm the Charter and provide direction to Staff m OW next slops it woaldactotake. Thele is no fiscal impact aawcwed with the mcmnmmdsbm of this sport. This item has boo noticed 6woothe rosins ageads voufitsum Proem Prepared by: Rachel Richman. City Attomey Attshmant. Cacwlkt a Updated Choc with Comments k � ■ 2/ & Pis ƒ \kik JpME c�E �� OM )\ § Ik�k� ■ e !!k` ®§�A ] sa§ §2.$7ff s- � �& !�-!| ■ f��,tJ! 2Ak 1520 AM L) ` a�■�S � f its © ■f !% E\\ R LI $ e ■ �22�| . L 7i ■ Al 2 acm . � %§ , §k t� zo «C)■« U.0 k � ° \! §w- SAzi (z ¥ fk\| {= , 2f o.;« !)■, §; EEl)t \;\% ${0 |a�\7� 0 )i - !I 0 �Z'5� � Vit% -k k{{§ § ; ) .4 � §#,f};t, ,» a■;00 0 @@� u jf#0LLI !}4 , !� , ,Po r \%0�3 zoD- o MM & �)tk\{!i !.a&x Zana Fi \}■/ '2.8- >jd i!888/E/k\ ( �0 '5 %2 E !M/ \_) a #!§I §! -Q, =00 ) \fk);» vi #a9!5a•0 t i� k ,-'E 0 2.2 @ 222 a> I k{2 (§ e `_ ZEA \ (4 Oa }j ) § % 'p CL : ■{ _ �{«! � ° - -a - \ 2\a�E E- 00W}k ( -Do �j� �77 - UK UK S .E Q - .fit - !§�-;2 ���■ !�§'° \fk M]) l;.�■,§! | k !k) \2,lf■�! �#� .Za a' /�VaC.S 0m ftt. k. . § !k !!a !§� Je2i4■zuu ) § % 'p CL 7wit �k cc) - 2\a�E -Do - UK UK S .E Q ` a Z k �g\k\§ \ \fk k\kddE)¢]k) gip0 '} 7$ =0O �Ik� \ /\k$/)}j \0�\\2 . $\7�IE-m {k AFM $� l�� /\ E!«lCOX &ou-9? { /\ .J , ) § % 'p CL 7wit �k cc) - S .E Q ) § % ■ . i ( � � (���k �\\ k■lfak7!!� . Q ■ $|�;� � .4.�,£=E!■§°!!� '§!&l,Kf�w°�,e■ . ;-,9-22 . . ' 30-000 �kk} 0 \ \»k:2!)$12Ee § 7)k\\{ �ƒ|�!§;l��%!I§!! ( ��! kk\ƒ a§!!f!& =eqa§aa�� . ! 2W-- 43M «!e.§z;■,x.0!!.2 *(k| K 00 k{ !] �0u ■ . i ( � � (���k �\\ k■lfak7!!� . Q ■ $|�;� � .4.�,£=E!■§°!!� '§!&l,Kf�w°�,e■ r ;-,9-22 . . ' 30-000 w,E 0 _a■/))k/�7)�2ikk! \»k:2!)$12Ee § 7)k\\{ �ƒ|�!§;l��%!I§!! ■ 2;i{!E\ §;!«;-<�& /EETi i ( \�\\� EKR E0Lm 2Lk �0 La \k u -#am k`�7[f #-0 _ 0 `# § ■ 2;i{!E\ §;!«;-<�& a§!!f!& =eqa§aa�� . t122`=� \i!a«%a=|Q «!e.§z;■,x.0!!.2 ° E k�§CL kCL �_ 0 0■oW,■� » � it It - ■ a� $� �� �� � : ■ $� � ■. & ` -» � I�����! � - 61 as -� �� ■ ■ fill � $ 0 § «� P_ .l #�§ lElf 0 r s dl s all ,15i lui r � $ �( - / ik* .te - & 2�! r|| / 6. �K\ 2•!«�\ k toJ ®kEu ) t »- , 2!C- ; i» !§§!/ m c32 RA— Ik § % Q 22 ) . :§!a,!!|■ . . � rI�§� ■ nl2kf Sj ® ■)aa! � !�k■\ . {| k!\ )!ZL |k§ co§ \ j k § % O 0 All Ila � JillI� A v 0 t � s SRI' �,� s §2Ale �- • a . v.@15Af lift .1 aj9 H a R173 It Aa 0o g5 &�°-§ Q §§f#e |;{k{!`'! m ■ -_|l��;!2 f2 e■!:\ ulE�@/_,,; 2 \£t) �7r= ocm-2a ®'aiE� ca\zC !!I kkw kJ|lf7k§ k I � f) - .|� 2 k] 2 �! �® - Q v :C / k~ CD }E I | 2 k] 2 �! �® �.5k10 in v :C / ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN Mi. 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 Rather 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 Hemandez, City Clerk Attachment A: Committee Updated Chart with Comments Attachment B: City Council Staff Report Dated September 26, 2023 AGENDA ITEM 7.A � � - © E7 f§ .BE z ! 2 B |32 ®f 2 & MO ■ f . �. v k29 11H! o � k� 2�2 $22�i3{ at �2�|� a S_ �2E� c $a ■■#la�& �U.8�����lk� f!■ ! !!{a222 All ! ■P«!a a on.k 2� £tea �§ 2$ � � � � . � f 0 o & §t )k # k § )/#0 !S! - $ ■ E : - ! § ¢! EE )! //§\ !I! .2= i!,! - .Q 0\ K!! f= {�! 0 � 2. - :7 kk 2jj� \�k kk�k,/ t ` .A £ f§,kik§) 00MOct-i §». \ -a -a tk/ ƒ)$ =�,o!■e/!! 0 - , ![f% ;5r;�s2�, t�k/ � (x ;o £!ao . _ e{E �kt��, ƒ�m�2 l�22-a 2) x$)00 2;l� ikk\!/ � a/! �*\ k;� 2 \)y � .�`���� .a§!!2 ! §IJ c , _ ; - 2 > Je A 2\\ �k\))]{i!!a ;J& .�;o.�ll;2af k`{) #a Lo \Z0 In c as ;() 2iu #0 k ® o // !! k) §/\ Z= IX - R2k ].2'E m* ) !! ) f \f °! E V;t2k9%0 !-! a#Ek tk ° �! kk|\ 7! k [ /§ !f JJ ■!) k!){\9m -0 .� . ) f f{f/700 2k k�k a§) a■f»§4)l00 �] \/ km \�IS �/© 7� g |32 ■ leaf{ ® �2Q7- � © ®«!)e- !«!)a[ / §§mo fa% 0 i|; 3 ! /!E I 2 0E S Q .«. M t2U}� k \ ) �\���f� �� � w U` �2 ;a■;k°|«$EMwo �4 � E!$ƒ)k{f!/) )k.®!~� {\ kaQV �! ! 0,® 2§Io as _ - «a_ ■ @ -0 0._ -- e ©E� \�j\ g� ■ ., o■� o �a3E t > mF o UiU cWI'y c O 3 V E O N > O .mss N lT9 Y 0 E U c O `mE`mn O u+ m "u O o Cn n °i$U; gc`cc E �A c G m c EO t U; d G O V m G d O u u Em b m m 2s '^ucc= M ULJ LL Ln c �NOv VOy ° (0(1� 0 D E o U1mm.5 o� o�aN3�s 3 i � I J u c m )rO a cEU mC� E _tm > o G1 U C- 5� c E m m u m p = m pewi .n g d fJ > Q rYi �a� NO G2N o N m m 0 C l�—Q$ uo crn m iX 0 yy o E u D m N O C 10 G ql G L m p N L' w w �>u oqf� ooEnaci �Scdp�3g m>mro4o mc_ 5 G I =c C n .0 R 3 W�Rggo"�_��� WEI c M_pmm�mE nc G d G 0� C 8 C G� 0 u u` p U V N m N c n Ty > b] L fC m _ >vpm�- n�w2'c00 u w"c-c myo `0mc> Q7 �'m 01 O t7 01w ��lp O d O m m cEonT�dcN Um4 Wcm�i og rnE�cN tT°,��� h�R$ ��a��E�W� dcsLp O d E O G7 d N _p mto y M m _` c d Uc 'u d d N 7 n R .0 O c a c a a ua EO E E c da > mF o UiU cWI'y c O � \ � ! � ai ■ �•$� fila �W � \ / » A ! its , . I�%� 2 � I,§ 2 § f �■$�� �'� is 222 � \< ���� I$I�$ �!$�.■�����l� ¥ . ■ iN . fir is @ � a ` #� $ # 115 �-� t� �_ I � 2■ - � , �f �� �■. �$!■»�■!� « all A A ,■�a§ §{aQf 2ZE ¥]|yam §c� | \q�]\ !fc /§��`f Ja0,38 � \� Z.] § q { �! �k m 75 /�� !)t $%} MZ \~ƒ o }\\ kk§ kklk ,■�a§ §{aQf 2ZE ¥]|yam §c� | \q�]\ !fc /§��`f Ja0,38 � \� Z.] § q { �! ©! 7)k!§§\ ,■�a§ §{aQf 2ZE ¥]|yam §c� | \q�]\ !fc /§��`f Ja0,38 � \� Z.] § q � O g Lpi ill G $ .�.Xm r' is p ■ a v r 132 5 �..�. fill 111. ; mail .0 -All II'I ejqp Ali r .. �t 8 L a 'EEE _4r v 3; log 2 IL 0 \� ' � � �/� d/ }. � \ - \}} ?~ � % - :� :�� : • : �� �\� � { � �� � \ ��\`�\�}�}, �� � . . § � \ \ : :��:� � \ ;2 �_ � - �� �{�•/�: \/ �« . \\ : � ,:2 :�\�:� �� } /. �; �: .. r | § Z g8rt'�5 ' itaal ..`' f ih 9 IIIH RX11 a ; 1aaiI Ii1 T ; M a � 1,Yi�f � � .•pQ� a a l xv ■�� O:Z ( f� rp AllDd tV Rix sg8tln I5 �/ �V $ I� o M N r g It ac ball q� 1Hu. aa It 8 ag iE In L t� tip E o 06 got SS m L m m o E ,I E O o E Q � m 3� cD ^ C � y c N D IO L U E Q1 C _ O E E m L =u- 4) O d mU C o0 N U NNO 4L JJU J N d Ot L J �oao r> oc $pmo,ot� i� o N Dl c o - U 61 L A gi U UUC-A CNTN OIL TY WQI 2a L G d 0,5 V O N> 0 3, O p U p` m`> Q U .0 C 3 4 9 m A o p C (7 t p m T Yf G �y G— O N > U m m U Ly yV > L w m D m (D I 00JmERC7 SrD Et aiN E p n -o :m N 'J�IR to UO U DO p a_ > 0 U c 9 CD _ = T (Q L N C Qi A C C C y J G CD 0-6 N L U y a W ❑ c n O U � L c U t a+ V d m O m n « J C 0 B CC� 3 G N 0 N N m CL o> r Attachment G Notice of Public Hearing MAYOR:' ` ' citY of �selrBe d.4 SMTN LY • J %UVORPROTEM: �,�� .. MAacnur CLAM 8838 E VALLEY BOULEVARD ROSEMEAD. CALIFORNIA 9177s SIENBERS: - IL MEi COL1fIL TELEPHONE 1626) 569-2100 SAS �� F.Ut16'b1369-2303 SEk%DAAc PntY Low NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROSEMEAD ON MAY 28, 2023 NOTICE IS HEREBY GIVEN that the Rosemead City Council will conduct a public hearing on Tuesday. May 2& 2024. at 7:00 PDI, at Rosemead City Hall, located at 8838 East Valley Boulevard. Rosemead. California 91770. Remote public comments will be received via email at publiccommentlacityofrosemead.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 Hemandez 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 govem 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 Govemment Code Section 34158. 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 ehemandezacityofrosemead.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 SEII DAW. Pouv Lou' cXSvR a 2024 5 PJ 23 9 *JiriI[!l. 2024*5 A 28 EiMIAZRt±7:00. *R: JT,Vr r'iRll, *-:U: 8838 East Valley Boulevard, Rosemead, California 91770, 2024 !4= 5 A 28 EJ T �- 5:OD publiccomment@cityofrosemead.org,f�#{ai�o.t;5�1�f61f}J�a� �Qj,?;h ADA Z Ericka Hernandez, EMA (626) 569-2100, ral ss®: — �4� A =Ya 3l•'5A 289P -M=51 -L 7:00rzr2agj*i7� Ad11tr#r A'm®aZ Ericka Hernandez. (626) 569-2100i1T ehernandez@cityofrosemead.org, 72 dA � 1ui7 r3 Af > iz "f�IkJffi7fm' (www.cityofrosemead.org): y ' STFAiS LI' SM i� / MARGAPn CLARE 8838 E. VALLEY BOULEVARD ROSEMEAD. CALIFORNIA 91770 tan: TELEPHONE 16:61569-2 IW S4\D Axw%7A FAX 16261569-2303 SEII DAW. Pouv Lou' cXSvR a 2024 5 PJ 23 9 *JiriI[!l. 2024*5 A 28 EiMIAZRt±7:00. *R: JT,Vr r'iRll, *-:U: 8838 East Valley Boulevard, Rosemead, California 91770, 2024 !4= 5 A 28 EJ T �- 5:OD publiccomment@cityofrosemead.org,f�#{ai�o.t;5�1�f61f}J�a� �Qj,?;h ADA Z Ericka Hernandez, EMA (626) 569-2100, ral ss®: — �4� A =Ya 3l•'5A 289P -M=51 -L 7:00rzr2agj*i7� Ad11tr#r A'm®aZ Ericka Hernandez. (626) 569-2100i1T ehernandez@cityofrosemead.org, 72 dA � 1ui7 r3 Af > iz "f�IkJffi7fm' (www.cityofrosemead.org): ALCALDE: Sm,Lr ALCALLDESA PRO TEN MAw TCw CONCEJALES: SA%DRI AKW%74 5EA\ D&W Pout LOBI e , Ciudad de Wpsemead 8838 E VALLEY BOULEVARD ROSEMEAD. CALIFORNIA 91 r, TELEFONO (626) 569-2100 �.•+'� FAX1620569.2303 ANUNCIO DE AUDIENCIA PLBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD DE ROSEMEAD EL 28 DE MAYO DE 2024 POR LA PRESENTE SE NOTWICA que el Conejo Municipal de Rosemead Ilevari a Cabo una audiencia p6blica 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 p6blicos a distancia se recibirin por email en publiccomment@.cityofrosemead.org antes de las 5:00 p.m. del 28 de Mayo de 2024. Habri interpretes disponibles para ayudar a los miembros del p6blico que hablen chino (cantonbs y mandarin), espahol y vietnamita. Todos los comentarios son p6blicos y quedarin registrados en el archivo oficial de la Ciudad. Si usted tiene una solicimd de acomodaci6n bajo el ADA, por favor contacte a Ericka Hemandez, Secretaria Municipal, al (626) 569-2100. El Conejo Municipal de Rosemead esti 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 esti 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 "asuntos municipales" y, por tanto, puede gobemar en asumos de la Ciudad. Bajo la constituci6n propuesta, la Ciudad mantendria su forma de gobiemo de Conejo-administrador. Los asuntos municipales que se modificarian con la constituci6n propuesta incluyen los limites de mandatos, la autoridad fiscal, los asuntos de desarrollo econ6mico, la autoridad de compras y contratos y la preferencia por los Veterans en la adjudicaci6n de contratos permitida por la lev. Antes de presentar la constituci6n propuesta a los votantes, el Conejo Municipal debe Ilevar a Cabo al menos dos audiencias p6blicas sobre la conslituci6n, tal tomo to exige la Secci6n 34458 del C6digo de Gobiemo. La primera audiencia p6blica esti programada para el Martes 28 de Mayo a las 7:00 p.m. en la Camara del Conejo Municipal de la Ciudad. Para mis detalles sobre esta propuesta, por favor contacte a Ericka Hernandez Secretaria Municipal. al (626) 569-2100 o ehemandez•,,&chyofrosemead.org. Ademis, la Agenda del Conejo Municipal y el Informe del Personal estarin disponibles en el sitio web de la Ciudad bajo Agendas y Reuniones y el "Calendario de la Ciudad" (www.cityofrosemead.org) al mens 72 horns antes de la audiencia p6blica. Cualquier persona interesada en los procedimientos arriba mencionados puede comparecer en el lugar y hors indicados para testificar a favor o en contra del item o items indicados en este aviso. THI TRL d%G: Smm%Ll' TNI TRt'ONG LAM TNOI: MA Qa CLNW (Y YI$N H01 HONG: SA%i A0. ,74 SE l\ D&V Pour Lor 9fi4inh Tho (Rpsemead 6838 E. VALLEY BOULEVARD ROSEMEAD• CALIFORNtA 9177i- DIEN THOAI 0261569-2100 FAX (6261369-2303 THONG CAO VE' PHIEN DItU TRAIN CONG KHAT TRIJOC HQI DONG THANH PHO CUA THANH PHO ROSEMEAD VAO NGAY 28 THANG 5 NkM 2024 CHUNG TOI XIN THONG BAO TAI DAY rung Hoi Dong Thinh Pho Rosemead se Lien hinh mpt phien dieu Vin cong khai vio th(r Ba, neiv 28 tbina 5 nim 2024 vio lac 7 ¢ib toi tai Tba Thi Chinh t9a lac b so 8838 dtrbng East Valley Boulevard, Rosemead, California, 91770. Y kien cua ngu6i din dong gop tir xa se duqc tiep nhin qua email gfri tfii publiccomment'dcityofrosemead.org ttvoc 5 gib chieu ngiy 28 thine 5 nim 2024. Se co sett thong dich vien de giup da ngubi din not tieng Tiu (tieng Quing Dong vi tieng Hoa Pho thong), tieng Tiy Ban Nha vi tieng Viet. Tit ci cac y kien de'u li ho SOF cbng vi se dugc dui vio ho sa chinh thirc cua Thi th Ph 65. Neu co yeu ciu vi phuang lien phu ug then Dao Luit Ngu6i My Khuyet Tat (ADA) thi xin vui long lien he vcri Luc Su TMmh Pho Ericka Hernandez theo so (626) 569-2100. Hoi Dong Thinh Pho Rosemead dang danh gia khi ning chuyen tit thinh pho host d9ng theo luit le pho quit sang thinh pho host dong theo hien chuang. Mpt thinh pho hoot dong theo luit le pho quit bi rang bupc bbi luit le pho quit cua tieu bang, bat ke van de d6 c6 lien quan den cong vu thinh pho hay khong. Mpt thinh pho hoar dgng then hien chuong co tham quyen Loi cao ve "cong vu Chinh pho" vi do do co the quyet Binh cac van de cua thanh pho. Theo hien Chuang de xuat Thanh Pho se gitT nguyen hinh thuc Chinh quyen do hoi dong cu ly. Cac van de thuoc cong vu Chinh pho se dugc sits doi theo hien chuong de xuat bio gom gitii han nhiem ky, tham quyen khbi to. cac van de' pkat Vien kinh tE, tham quyen mua vi ky ket hqp dong, vi w titin Cho cw Chien bink Vong viec vao cac hap dong dugc phap lair Cho phep. Tnrdc khi trinh hien chuong de xuit len cfr tri, Hpi Dong Thinh Pho phii to chirc it nhit hai phien dieu trin cbng khai ve hien chtrang theo yeu cau cua Muc 34458 cua Bo Luit Chinh Phu. Phien dieu trin cong khai du titin du kien se dieu ra vio thu Ba, ngiy 28 thing 5 vio lac 7 gib toi er Phbng H9p Hpi Dong tai Tba Thi Chinh. De biet them chi tiet ve de xuit niy, xin vui Ibng lien hg Luc Su Thinh Pho Ericka Hernandez theo so (626) 569-2100 ho3c qua email: ehemandez a cityofrosemead.org. Ngoii ra, Chuang Trinh Nghi Su cua Hpi Dong Thinh Pho vi Bao Cao Cua Ban Nhin Vien se co sin uen trang mang cua Thinh Pho dam muc "Cin• Calendar' (www.cityofrosemead.org) it nhit 72 tieng w6c phien dieu Iran cbng khai; Bat kc n_ubi nio quan tam t6ri dieu dien ra b tren co the wit hien tai ngiy. gib vi dia diem neu Ven de ung hp hay phis doi (cic) muc duac chi ra trong thong cao niy. Attachment C A County Prosecutors Association 2021 Inter -Agency Operation Agreement INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(8)(4) REFERRALS Intimate Partner Battering (Domestic Violence) (Penn[ Code §273.5) • The suspect has a prior felony or misdemeanor conviction involving violence, threats of violence, or weapons within the last 10 years • A deadly weapon was used or brandished in the commission of the current offense. A deadly weapon is "any object instrument. or weapon that is inherently deadly or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury.' • The victim suffered a significant injury. If medical attention was warranted, even if the victim declined. the case should be reviewed by LADA. Examples of significant injury include, but are not limited to: o Extensive bruising o Open wounds that required stitches or other medical care o Broken bones o Petechiae (Minute discolored spots on the surface of the skin or mucous membrane due to ruptured blood vessel) o Loss of consciousness Examples of non-significant injuries include, but are not limited to: o Minor redness o Swelling o Scratches o Moderate bruising • The suspect strangled or suffocated the victim. Strangulation is knowingly or intentionally impeding the normal breathing or circulation of the blood of another by applying pressure on the throat or neck of a person. • The victim is pregnant and the suspect directed physical force at the victim's abdomen or made verbal threats against the pregnancy • The victim was particularly vulnerable (e.g., asleep, developmentally disabled, physically impaired) • The suspect has a history of making homicidal or suicidal threats • The suspect previously engaged or is currently engaging in stalking behavior • The suspect has threatened to abduct or injure children or other family members • The suspect caused an injury to a pet ' See CALCRIM 875. Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE § 17(B)(4) REFERRALS DIRECT REFERRAL CRITERIA FOR PENAL CODE §17(6)(4) OFFENSES INTRODUCTION In March 2011. the Los Angeles County Prosecutors Association, Los Angeles City Attorney's Office, and the Los Angeles County District Attorney's Office (LADA) entered into an Inter - Agency Operational Agreement regarding Penal Code section 17(6)(4) referrals. The Operational Agreement streamlines the filing process by authorizing police agencies in jurisdictions served by city attomey(s)/prosecutor(s) to directly submit misdemeanor filing requests to the city attomey(s)lprosecutor(s) without first seeking review from LADA. The Operational Agreement does not apply to an investigation involving any offense that can only be filed as a felony (e.g.. murder, residential burglary, rape). Felony investigations must always be submitted first to LADA for review. Generally. all straight misdemeanor cases should be submitted to the prosecuting agency with jurisdiction. Section A provides exceptions to that general rule. Any investigation involving the potential violation of any crime listed in Section A must be submitted first to LADA for review. Certain offenses may be charged as either a felony or a misdemeanor ("wobblers"). Section B identifies wobblers that must be submitted first to LADA for review when any of the listed factors applies. The Operational Agreement permits the city attomey(syprosecutor(s) to refer a case back to LADA if. after an initial review, the case appears to be more appropriately handled as a felony. LADA makes the final determination whether the matter will be charged as a felony or re- referred to the city attome)ls)/prosecutor(s) for misdemeanor filing. Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(Bx4) REFERRALS SECTION A LADA must first review all cases potentially involving any of the following offenses (including straight misdemeanors): • Penal Code §646.9 — Stalking • Penal Code §368 — Elder Abuse • Penal Code §136.1 — Witness Intimidation • Penal Code §243(c)(1). (2) — Crimes Against Peace Officers • All allegations involving police misconduct or public official corruption • All Hate Crimes (including violations of Penal Code §§422.6.422.7, 594.3(b), and 11410 -11411) Effective 614/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(B)(4) REFERRALS Forgery Charges/Passing a Non -Sufficient Funds Check/Grand Theft (Penal Code §§476a(a), 473(x), 487(a)) • The suspect has more than three prior felony or misdemeanor theft, receiving stolen property, or other fraud -related convictions within the last 24 months • The offense involved evidence of identity theft (e.g.. fraudulent license or possession of multiple credit cards with different names) • The aggregate value of attempted or actual theft exceeded $2.500 Commercial Burglary (Penal Code §459 (Not during business hours or amount exceeding 5950)) • The suspect has more than three prior felony or misdemeanor theft, receiving stolen property, or other fraud -related convictions within the last 24 months Effective 6/4121 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(8)(4) REFERRALS SECTION B LADA must first review all cases involving the following offenses when any of the listed factors applies: Assault with Force Likely to Produce GBI (Penal Code §245(a)(4))m The suspect has a prior felony or misdemeanor conviction involving violence, threats of violence, or weapons The victim suffered a significant injury. If medical attention was warranted, even if the victim declined, the case should be reviewed by LADA. Examples of significant injury include, but are not limited to: o Extensive bruising o Open wounds that required stitches or other medical care o Broken bones o Petechiae (minute discolored spots on the surface of the skin or mucous membrane due to ruptured blood vessel) o Loss of consciousness Examples of non-significant injuries include, but are not limited to: o Minor redness o Swelling o Scratches o Moderate bruising • The suspect strangled or suffocated the victim. Strangulation is knowingly or intentionally impeding the normal breathing or circulation of the blood of another by applying pressure on the throat or neck of a person. 1 For cases involving family members or intimate partners. please refer to the standards for violations of Penal Code §273.5. Effective 6/4121 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §I7(B)(4) REFERRALS Child Abuse/Endangerment (Penal Code §273a(a)/273d)) Penal Code §273a(a) requires the likelihood of great bodily injury or death. Section 273d applies when injury is inflicted during discipline. Though a parent has a right to discipline his or her child. there are limits under the law. When a parent causes physical injury. a charge of violating section 273d may be warranted (e.g.. parent punches child in face for bad grades). Section 273(a)(b) concerns child abuse cases where there is no likelihood of GBI or death and are straight misdemeanors. not wobblers. If the victim is under the age of 8. the case should be brought first to LADA. If the victim is over the age of . the case shout d be brought first to LADA if: • The suspect has a prior felony or misdemeanor conviction involving violence. threats of violence. or weapons • There is prior DCFS contact (the results of a check of both ESCARS and the Family and Children's Index (FCI) confirming that there is no record of prior DCFS contact must be included in the police report submitted for review by the local prosecutor) • A deadly weapon was used or brandished in the commission of the current offense. A deadly weapon is "any object. instrument. or weapon that is inherently deadly or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury:'; • The suspect punched. strangled. suffocated or burned a child • The victim suffered a significant injury. If medical attention was warranted. c% ell if the victim declined. the case should be reviewed by LADA. Examples of significant injury include. but are not limited to: o Extensive bruising o Injuries requiring admission to the hospital o Open wounds that required stitches or other medical care o Broken bones o Petechiae (minute discolored spots on the surface of the skin or mucous membrane due to ruptured blood vessel) o Loss of consciousness Examples of non-significant injuries. include: o Minor redness o Swelling o Scratches o Moderate bruising 3 See CALL RIM 875. Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE § I7(B)(4) REFERRALS Unlawful Sexual Intercourse (Penal Code §261.5) • The suspect has a prior investigation or arrest for committing a sexual offense • The suspect is 21 years old or older • The victim is 15 years old or younger • Alcohol or drugs were involved • The victim suffered from a traumatic condition (including pregnancy) in the instant case Criminal Threats (Penal Code §422) • The suspect has a prior felon or misdemeanor conviction involving violence. threats of violence or weapons • A weapon was used. brandished or mentioned in the commission of the offense Note: LADA must initially review all domestic violence -related criminal threat investigations. A crime involving domestic violence is when the victim is a spouse or former spouse. cohabitant or former cohabitant. person with whom suspect has or had a child, person with whom suspect is having or has had a dating or engagement relationship, a child of a party. or any other person related by blood or marriage.' Vandalism (Penal Code §594) • The suspect has a prior felony or misdemeanor conviction for vandalism • There is evidence that the offense was motivated by gang involvement • The property damage exceeded $2.500 Weapons Possession` The suspect has a prior conviction for weapon or assault offenses within the last 24 months A weapon was used in the commission of the offense The weapon is a firearm 'See Penal Code § 13700 and Family Code §6211. Penal Code §§20310.20410.20510.20610, 20710. 20910.21110. 21310. 21810. 22210, 22410. 24310. 24410. 30210(a), 30210(6). Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE § 17(6)(4) REFERRALS Driviog Under the Influence Causing Bodily Injury (Vehicle Code §23153) (Excluding offenses punishable under Vehicle Code §§2356®, 23566(a) & 23566(b)) • The offense involved significant injury Examples of significant injuries include, but are not limited to: o Loss of consciousness o Injuries requiring admission to the hospital o Bone fractures o Injuries requiring sutures Examples of non-significant injuries include. but are not limited to: o Complaint of pain only o Minor bruising o Swelling o Abrasions Note: If at the scene there is only a complaint of pain, the investigating officer should interview the injured party. family member of the injured party, or medical personnel to assess whether the injury is significant before presenting the case for filing. This interview should be detailed in a supplemental report. If the injury is not significant. the case may be directly referred to the city anorney(s)lprosecutor(s) for misdemeanor filing consideration. Effective 61421 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(8)(4) REFERRALS Hit and Run Driving Causing Injury to Another Person (Penal Code §20001) • The offense involved significant injury Examples of significant injuries include, but are not limited to: o Loss of consciousness o Injuries requiring admission to the hospital o Bone fractures o Injuries requiring sutures Examples of non-significant injuries include. but are not limited to: o Complaint of pain only o Minor bruising o Swelling o Abrasions Note: If at the scene there is only a complaint of pain, the investigating officer should interview the injured party. family member of the injured party, or medical personnel to assess whether the injury is significant before presenting the case for filing. This interview should be detailed in a supplemental report. If the injury is not significant. the case may be directly referred to the city attomey(s)/prosecutor(s) for misdemeanor filing consideration. Auto Burglary (Penal Code §459) • The suspect has more than three prior felony or misdemeanor theft, receiving stolen property, or other fraud -related ccnvtc tons within the last 24 months Auto Theft/Unlawful Driving (Penal Code §487(d)(1), Vehicle Code §10851) The suspect has a prior felony or misdemeanor conviction for auto theft (VC §10851 or PC §487(d)(1)) within the last 24 months The theft appears related to a criminal enterprise or chop -shop operation There was a pursuit involved in apprehension or arrest Effective 6/4/21 Attachment D Second Public Hearing Notices NOTICE IS HEREBY GIVEN that the Rosemead City Council will conduct a public hearing on Thursday, June 27, 2024, at 6:00 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 June 27, 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 was held on Tuesday, May 28 at 7:00 p.m. and the second required meeting is scheduled to take place in a special meeting on Thursday, June 27, 2024, at 6:00 p.m. in the City Hall Council Chamber. For further details on this proposal, please contact Ericka Hernandez, City Cleric, 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 Meetings and under the "City Calendar" (www.cityof-osemead.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. s City of �semead SnNTNL STEVEN LY o �+ � � MAYOR PRO TE\I: MARQ1 CLAW 8838 E. VALLEY BOULEVARD COUNCIL MEMBERS: a � ROSEMEAD. CALIFORNIA 91770 SA. DM AR.NIENTA TELEPHONE (626) 569-2100 SEAN DANc �•^°� FAX (6261569-2303 Pout Low NOTICE OF SECOND PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROSEMEAD ON THURSDAY, JUNE 27, 2024 NOTICE IS HEREBY GIVEN that the Rosemead City Council will conduct a public hearing on Thursday, June 27, 2024, at 6:00 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 June 27, 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 was held on Tuesday, May 28 at 7:00 p.m. and the second required meeting is scheduled to take place in a special meeting on Thursday, June 27, 2024, at 6:00 p.m. in the City Hall Council Chamber. For further details on this proposal, please contact Ericka Hernandez, City Cleric, 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 Meetings and under the "City Calendar" (www.cityof-osemead.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. SM'ENLv MARGARETCLA \ 6838 E. VALLEY BOULEVARD ROSEMEAD. CALIFORNIA 91770 VIRA: TELEPHONE (626) 569-2100 SANVR AR. \7A 00.,.= FAX(626)569-2303 SE.N DA4. POLLY LOW 2024 IF- 6 A 27 Q 2024'*6 1127 E3 RM= ±6:00. 3tWT�Mo 4FT,kX so, *- : AMCI r60cjj, *-:U: 8838 East Valley Boulevard, Rosemead, California 91770. 3AAAJOTAMAIM 22gg0�244{{gg* 6 A 2$7 HT -`F 5::000 Wiz.-Mc1a�..A%-T t-'1�AY pubblicc+oymmytenntt@ciittyoofrrrooseym�eaad..�o..rrg. 31*DE tk AM, -%IK '7 AS PJ Ia. �L apn1g17 AVh VDJ M JAI, it. �/T�ct �+JL3'47C OLiX�717 oLAVC/J:� lff � 7� o2 0 PW,g ;k ADA # z (r AWFAT�JffAo2 Ericka Hernandez, 99at (626) 569-2100, zx7 s a - %—,3:JkTKV FAMIM 5 A 28 E3 RM=lil± 7:00 W7= 2024 IF6 A 27 QPST`H 6:00 riaRRII:�r7o ,r�iJ1®0E Ericka Hernandez, 'at (626) 569-210011 ehernandez@cityofrosemead.org, 72 �7��9f�611Iff3r$z" r1tlff"(www_cityofrosemead.org) ALCALDE: Smm.NLY ALCALDE PRO TEM: MARGA CL MIEMBROS DEL CONSE.10: SA mAR.\W\TA SE&x DAVG Ciudad de 1psemead 6838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEFONO (626) 569-2100 FAX (626) 569.2303 AVISO DE SEGUNDA AUDIENCL4 PCBLICA ANTE EL CONSEJO MUNICIPAL DE LA CIUDAD DE ROSEMEAD EL JUEVES 27 DE JUNIO DE 2024 POR LA PRESENTE SE NOTIFICA que el Consejo Municipal de Rosemead llevara a cabo una audiencia publica el Weves 27 de iunio de 2024, a las 6:00 p.m., en el Ayuntamiento de Rosemead, ubicado en 8838 East Valley Boulevard, Rosemead, California 91770. Se recibiran comentarios p6blicos remotOS pot correo electronico en publiccomment@cityofrosemead.org hasta las 5:00 p.m. del 27 de junio de 2024. Habri int6rpretes disponibles para ayudar a los miembros del publico que hablan chino (cantonds y mandarin), espariol y viemamita. Todos los comentarios son de dominio publico y se incorporaran al registro official de la Ciudad. Si tiene una solicitud de adaptaci6n bajo la ADA, por favor comuniquese con Ericka HemAndez, Secretaria de la Ciudad, al (626) 569-2100. EI Consejo Municipal de Rosemead esti evaluando el potencial de efectuar una transici6n de una ciudad de derecho general a una Ciudad de derecho aut6nomo. Una ciudad de derecho general estA sujeta a In ley general del estado, independientemente de si el tema se refiere a un asunto municipal. Una ciudad aut6noma tiene autoridad suprema sobre los "asuntos municipal&' y, por to tanto, puede gobemaz sobre los asuntos de In ciudad. Bajo In carta constitucional propuesta, In Ciudad mantendria su forma de gobiemo de Consejo-administrador. Las cuestiones relacionadas con asuntos municipales que se modificarian bajo In carta constitucional propuesta incluyen limites de mandato, autoridad de enjuiciamiento, asuntos de desarrollo econ6mico, autoridad de compras y contratos, y preferencia para los veteranos en In adjudicaci6n de contratos permitidos por la ley. Antes de presentar la carts constitutional propuesta a los votantes, el Consejo Municipal debe celebrar al menos dos audiencias p6blicas sobre In Carta constitutional, segun to exige In Secci6n 34458 del C6digo de Gobiemo. La primera audiencia publica se llev6 a Cabo el martes 28 de mayo a las 7:00 p.m. y In segunda reuni6n requerida esti programada para llevarse a Cabo en una reuni6n especial el jueves 27 de junio de 2024 a las 6:00 p.m. en In Sala del Consejo Municipal. Para obtener mss detalles sobre esta propuesta, por favor comuniquese con Ericka Hernandez, Secretaria de In Ciudad, al (626) 569-2100 o ehemandez a cityofrosemead.org. Ademas, la Agenda del Consejo Municipal y el Informe del Personal estaran disponibles en el sitio web de In Ciudad en Agendas y Reuniones y en el "Calendario de In Ciudad" (www.cityofrosemead.org) al menos 72 horas antes de In audiencia publica. Cualquier persona interesada en el procedimiento anterior puede comparecer en el momento y lugar indicados anteriormente para testificar a favor o en contra de IDS puntos indicados en este aviso. THI T WONG: STEwNLY THITRC6RG LAM TH?n: MARGARET CURIO ('V VI@.N HQI D6NG: SAhT AR %7A SEAND..k G P uy Low 9 ianh Pho Wpsemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 DIMN THOAI (626) 569-2100 FAX (626) 569.2303 THONG CAO VE BUOI DIEU TRAM LONG KHAI TH(' HAI TRIfOC HQI DdNG THANH PHO CUA THANH PHb ROSEMEAD VAO THe NAM, 27 THANG 6, 2024 CHI7NG TOI XIN THONG BAO TAI DAY r:illg Hqi Dong Thanh Ph 0-' Rosemead se titin hanh mqt buoi dieu trin cong khai vio Thin Nim, neav 27 thine 6, 2024 vio luc 6 Lri& chieu tai Tba Thi Chinh t9a I4Lc 6 so 8838 during East Valley Boulevard, Rosemead, California, 91770. Nhan xet tir xa cda nglrbi din se dirge tiep nhan qua email 0 t6i publiccomment@cityofrosemead.org tnr6c 5 gib chieu ngay 27 thing 6, 2024. Se c6 sin th6ng dich vien de gi6p d6 ngubi din n6i tieng Tau (tieng Quing D6ng vA tieng Hoa pho th6ng), tieng Tay Ban Nha vA tieng Vigt. Tit ca nh(ing Ibi nhan set deu li h3 so cling vi se dirge dua vao ho so chinh thuc cila Thanh Pho. Neu c6 yeu ciu ve phuong tion phu tra theo dao lust ADA, xin vui Tong lien hg vii Luc Sir Thinh Ph 05 Ericka Hernandez theo so (626) 569-2100. Hoi Dong Thinh Pho Rosemead dang dish gii khi nAng chuyen dr thank ph6 dirge 9uin tri theo luit 1� ph6 quit sang loaf le theo hien chvong. Mot thank ph' dugc quin tri theo luit le ph6 quit bi rang buoc b6i luat Igphd quit cua tieu bang, bat ke vin de d6 c6 lien quan den cong vu thank ph6 hay khong. Mot thanh ph6 dugc duan tri theo luit le theo hien chucng c6 them quyen t6i cao ve "cong vu thinh ph6"' va do d6 c6 the quyet dinh cic van de c6a thanh ph6. Theo hien chuong de xuat, Thinh Pho se gifr nguyen hinh thin chinh quyen do hoi Bong quip ly. Cic van de' thuoc cling vu thinh ph6 se dirge sira doi then hien chlronp de' xuit bao gom gi6i han nhi¢m ky, them quyen kh6i to, cic van de' lien quan den phit trim kinh te, them quyen mua vi ky ket hop dong, vi w titin Cho cuu Chien bink trong AEC trio cic hgp dong dirge phap luit cho phep. Tru6c khi trinh hien chtrong de xuit len cfr tri, Hqi Dong Thanh Pho phii td chfrc it nhAt hai phi6n dieu van cong khai ve hien chutmg theo quy dinh clia Muc 34458 c6a Bq Luit Chinh Phu. Phien dieu trin cong khai du titin dirge to ch(rc luc 7 gib t6i Thu Ba, ngay 28 thing 5 vi phien dieu trin thin hai theo quy dinh se dugc titin hanh trong mot cuoc h9P dac bigt 16c 6 gib chieu Thin Nim, ngay 27 thing 6 nim 2024 6 Phbng Hgp Hoi Dong tui Toa Thi Chinh. De biet them chi tiet ve de xuit nay, xin vui long lien hF v6i Luc Su Thinh Pho Ericka Hernandez theo s6,(626) 569-2100 hoac ehemandez@cityofrosemead.org. Ngoii ra, Chuong Trinh Nghi Sg cua Hqi Dong Thanh Pho vA Bio Cio Cua Ban Nhin Vien sd c6 sen tren trang web ctia Thinh Pho du6i muc "Meetin sand Agendas" vi du6i muc "City Calendar" (www.cityofrosemead.org) it shit 72 tieng tru6c phien dieu trip cling khai. Bat ky ngubi nio quan tim t6i phien dieu trin v tren c6 the c6 mat tai th6i diem vi dia diem neu tren de" ung h¢ hay phin doi (cic) khoin muc dirge chi ra trong th6ng cao nay. Attachment C Public Hearing Notice for July 23, 2024 MAYOR: STWNLY MAYOR PRO TEM: MARGARET CLARK COUNCIL MEMBERS: SANDRA AR WA SEANDANG Pout Low City of Wpsemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 569-2303 NOTICE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROSEMEAD ON TUESDAY, JULY 23, 2024 NOTICE IS HEREBY GIVEN that the Rosemead City Council will conduct a public hearing on Tuesday, July 23, 2024, at 7:00 P.M., 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 July 23, 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 is holding a final public hearing on the charter as required by Government Code Section 34458. 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 Meetings and under 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. STEVENLY 111 R: MARGARET CLARK *211: SANDRA AR E¢ A SEAN RANG Pout Low 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 569-2303 2024 7 A 23 El_ %9tjj .0, TNTC r$7 *7rttic 2024'* 7 A 23 SAM= kU 7:00, lT r rr�a� *ik: 8838 East Valley Boulevard, Rosemead, California 91770. 2024 * 7 A 23 QTS 5:00 z9[jAA�--f-04�-19its� pggu��bli@liyyccc{om/{}mentt@ccityofroseym�ead.orrg. �R*tlf#ly igyi�t publicccomyme�nJtOcity{o}frrossgemeya§d.orrg../ �JL�lJ /r47A-E Ii. E31C+. cL],�aRr�+/=� G.1L R�P����VD1Di1 �La��. �/I �aTvflA�Jx+4 �G�7'C OL 37��117 o1.4.CA� rji IJ f � 7i oZ o �QZ;4 ADA #� �z ( a� , p� r N � aZ Ericka Hernandez, � (626) 569-2100. �K�iI TI1�a0L-�PT IC7fACBJL++./Ta'/iC�1L//R�?�7PT/Ti �P.0 �I, .z./gl=ISo �J�/��P.C�X%II�J�/Ta�idJ ltd#1ANr I�3tlraoz Ericka Hernandez, mat (626) 569-2100 AX'W1t--4F ehernandez@cityofrosemead.org. 29� , r$i a TjZ'(-#J\A*u A 4jL/a\%j Rig ft --41 72 r*i", �RE" (www.cityofrosemead.org) ALCALDE: STEVEN LY ALCALDE PRO TEM: MARGARET CLARK MIEMBROS DEL CONSEJO: SANDRA AR ENfA SEAN DANG o — v 1 n... Ciudad de lgsemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEFONO (626) 569-2100 FAX (626) 569-2303 AVISO DE UNA AUDIENCIA PUBLICA ANTE EL CONSEJO MUNICIPAL DE LA CIUDAD DE ROSEMEAD EL MARTES 23 DE JULIO DE 2024 POR LA PRESENTE SE NOTIFICA que el Consejo Municipal de Rosemead llevarA a cabo Una audiencia p6blica el marts 23 de IUIIO de 2024, a las 7:00 mm., en el Ayuntamiento de Rosemead, ubicado en 8838 East Valley Boulevard, Rosemead, California 91770. Se recibiran comentarios publicos remotos por correo electr6nico en publiccomment@cityofrosemead.org hasta las 5:00 p.m. del 23 de julio de 2024. HabrA int6rpretes disponibles para ayudar a los miembros del publico que hablan chino (cantons y mandarin), espafiol y vietnamita. Todos los comentarios son de dominio publico y se incorporarAn al registro oficial de la Ciudad. Si tiene una solicitud de adaptaci6n bajo la ADA, por favor comuniquese con Ericka Hermindez, Secretaria de la Ciudad, al (626) 569-2100. El Consejo Municipal de Rosemead estA evaluando el potencial de efectuar una transici6n de una ciudad de derecho general a una ciudad de derecho aut6nomo. Una ciudad de derecho general esti sujeta a la ley general del estado, independientemente de si el tema se reftere a un asunto municipal. Una ciudad aut6noma tiene autoridad Suprema sobre los "asuntos municipales" y, por to tanto, puede gobernar sobre los asuntos de la ciudad. Bajo la carta constitucional propuesta, la Ciudad mantendria su forma de gobierno de consejo-administrador. Las cuestiones relacionadas con asuntos municipales que se modificarian bajo la carta constitucional propuesta incluyen limites de mandato, autoridad de enjuiciamiento, asuntos de desarrollo econ6mico, autoridad de compras y contratos, y preferencia para los veteranos en la adjudicaci6n de contratos permitidos por la ley. Antes de presentar la carta constitucional propuesta a los votantes, el Consejo Municipal debe celebrar al menos finalmente una audiencias p6blicas sobre la carta constitucional, segim to exige la Secci6n 34458 del C6digo de Gobierno. Para obtener mas detalles sobre esta propuesta, por favor comuniquese con Ericka Hernandez, Secretaria de la Ciudad, al (626) 569-2100 o ehemandez@cityofrosemead.org. Ademas, la Agenda del Consejo Municipal y el Informe del Personal estaran disponibles en el sitio web de la Ciudad en Agendas y Reuniones y en el "Calendario de la Ciudad" (www.cityofrosemead.org) al mens 72 horas antes de la audiencia pitblica. Cualquier persona interesada en el procedimiento anterior puede comparecer en el momento y lugar indicados anteriormente para testificar a favor o en contra de los puntosindicados en este aviso. THl TRVONG: STEVEN LY THI TWONG LAM TH61: MARGARETCLARR (JY VILN HQI D6NG: SANDRA ARMENIA SEAN DANG POLLY Low ffujnh Pho �Rqsemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 DIEN THOM (626) 569-2100 FAX (626) 569-2303 THONG BAO VE DIEU TRAN C6NG CQNG TRir6C HQI D6NG THANH PHO CUA THANH PHO ROSEMEAD VAO THif BA, NGAY 23 THANG 7 NAM 2024 CHUNG TOI XIN THONG BAO TAI DAY rang Hoi Dong Thanh Pho Rosemead se titin hanh mot buoi dieu tran cling khai vao Thu Ba, neAY 23 thane 7 nam 2024 luc 7 iia toi tai T6a Thi Chinh toa lac 6 so 8838 duomg East Valley Boulevard, Rosemead, California, 91770. Nhan xdt lir xa cua ngu6i din se dugc tiep nhln qua email giri t6i publiccomment@cityofrosemead.org tru6c 5 gib chieu ngiy 23 thing 7 nam 2024. Se co s& th6ng dich vien de gitip db ngubi din n6i tieng Tau (tieng Quing Dong vA tieng Hoa ph 0^ th6ng), tieng Tay Ban Nha vA tieng Viet. Tat ca nhling lbi nW xdt deu IA ho so cling vA se duqc dua vao ho sa chinh thirc cua Thank Pho. Neu c6 yeu can ve phuong titin phu tra theo dao luat ADA, xin vui Tong lien he v6i Luc Su Thanh Pho Ericka Hernandez then so (626) 569-2100. 1-16i Dong Thanh Pho Rosemead dang dinh gid kha nang chuyen lir thanh pho dugc duan tri theo luat le", pho quit sang luat le theo hien chuong. Mot thinh pho dugc quan tri theo luat le ph6 quit bi rang buoc b&i luat le pho quit cua tieu bang, bat ke van de 116 c6 lien quan den cong vu thanh pho hay kh6ng. Mot thanh pho dugc quan tri theo luat le" then hien chuong co tham quyen t6i cao ve "cong vu think pho" va do 116 c6 the quyet dinh cac van de cua tWmh pho. Theo hien chuong de xuat, Thanh Pho se gift nguyen hinh thirc chinh quyen do hoi dong quan ly. Cic van de thu6c cling vu thanh pho se dugc sira doi theo hien chuang de xuat bao gom gi6i han nhiem 4, tham quyen khai to, cac van de lien quan den phat trien kink te, tham quyen mua va ky ket hap d"ong, vi vu lien cho cru chitin bink trong viec trio cac hgp d"ong dugc phap luat cho phep. Trubc khi trinh bay hien chuong dugc de xuat vbi cir tri, Hoi Bong Thanh pho phii to chirc it nhat hai buoi dieu tran cling khai ve hien chuang theo yeu cau cua Muc 34458 cua Bo luat Chinh phu. De" biet them chi tiet ve de xuat nay, xin vui long lien he v6i Luc Su Thanh Pho Ericka Hernandez theo so (626) 569-2100 hoac ehemandez@cityofrosemead.org. Ngoai ra, Chuang Trinh Nghi Su cua Hoi D"ong Thanh Pho vA Bao Cao Cua Ban Nhan Vien se co An tren trang web cua Thanh Pho dubi muc "Meetings and Agendas" vi dubi muc "City Calendar" (www.cityofrosemead.org) it nhat 72 tieng tru6c phien dieu tran cling khai. Bat ky ngubi nao quan tam t6i phien dieu tran 6 tren co the c6 mat tai thbi diem vA dia diem neu tren de" ung ho hay phap d`oi (cac) khoan muc dugc chi ra trong th6ng cao nay.