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CC – Item 3A – Public Hearing Pursuant to Government Code Section 34458 on Draft City Charter
ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGERlp DATE: MARCH 10, 2026 SUBJECT: PUBLIC HEARING PURSUANT TO GOVERNMENT CODE SECTION 34458 ON DRAFT CITY CHARTER SUMMARY On July 23, 2024, the City Council gave direction to place the proposed charter measure on the ballot at the November 3, 2026 statewide general election. 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 April 21, 2026. After holding a second hearing on the draft charter, the City Council may vote to adopt a motion submitting the proposed charter to the City's voters. The City Council must wait 21 days after the second public hearing before adopting this motion. The deadline to submit the charter to the County for inclusion on the ballot for the November election is August 7, 2026. 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. During the year 2023 and 2024, 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. 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 public places at least 21 calendar days before each public hearing. The second public hearing AGENDA ITEM 3.A City Council Meeting March 10, 2026 Page 2 of 4 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 April 21. 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 3, 2026 statewide general election is 88 days before the election, which would be August 7, 2026. Differences between General Law and Charter Cities Cities that are not governed by a charter are called "general law cities." The primary distinction between a general law city and a charter city is that charter cities have the ability to adopt rules and regulations over "municipal affairs" that are different than State law and apply to general law cities. For instance, general law cities must use the city -manager form of government. Charter cities, on the other hand, can use other forms of self-government, including the "strong mayor" form. Other distinctions are that charter cities may establish their own election dates, rules, and procedures, can have public financing of elections, establish council members' salaries, and have greater public contracting and taxing authority. Recently, several charter law cities prevailed in trial court that SB 9 lot split requirement do not apply to charter law cities. Such similar case by general law cities failed. The League of California Cities has developed a chart which provides the general areas that Charter law cities may choose to regulate, and the City used that chart to assist in guiding its provisions. Terms of Proposed Charter The table below highlights the key differences between the proposed charter and the City's current general law city status. The Charter itself should be reviewed in full. Subject Matter General Law City Rosemead Municipal Code Proposed Charter General Charter Law None None Provides that to the Powers extent there are Charter powers that may be exercised by the City, it retains all of those rights except where stated otherwise in the Charter Term limits May provide for term No term limits Term limits would be limits. Cal. Const. art. imposed after five four - XI, § 5(b); Cal Gov't year terms. Partial terms Code Section 36502 would count as full City Council Meeting March 10, 2026 Page 3 of 4 (b) terms. Would only apply prospectively Prosecuting Authority City only has the Follows State law Would give the City authority to enforce its authority to establish municipal code unless office of City Prosecutor it receives consent with authority to from County District prosecute City Attorney ordinances and certain State misdemeanors Economic City has limited N/A Power to utilize Development authority to support revenues from the economic general fund to development projects encourage, support and within the City promote economic development Purchasing and Cities must follow Municipal Code Would give Council Contracts State law on Chapters 3.24 authority to adopt own competitive bidding (Purchasing purchasing and System for Non- contracting procedures Public Works by ordinance Contracts) and 3.28 (Public Project Bidding Procedures) follow State requirements for when format 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 March 10, 2026 Page 4 of 4 STAFF RECOMMENDATION That the City Council take the following actions: 1. Conduct the Public Hearing and take any public comment; 2. Discuss the Charter and provide direction on the City charter; and 3. Direct that the next Public Hearing be noticed for April 21, 2026 FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. 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. In addition, the Notice of Public Hearing was published in the San Gabriel Tribune. The public hearing notice was also published and translated into the following languages and published in their respective newspapers, Chinese L.A Daily News, La Opinion, and Saigon Times. Prepared by: Rachel Richman, City Attorney Attachments: A. Draft City Charter B. City Council Staff Report, Dated July 23, 2024 with attachments C. Notice of Public Hearing Attachment A Draft City Charter CITY OF ROSEMEAD CITY CHARTER PREAMBLE We, the people of Rosemead enact this Charter to preserve and enhance the economic and social quality of life in our community. Resolutely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City. We do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Rosemead and to ensure that all municipal affairs that may be controlled by the City as a local control shall be. ARTICLE 1 GOVERNANCE Section 1.1. Incorporation and Succession The City shall continue to be a municipal corporation known as the City of Rosemead. The boundaries of the City of Rosemead shall continue as now established until changed in the manner authorized by law. The City shall remain vested with and shall continue to own, have, possess, control and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled, or enjoyed by it at the time this Charter takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the City at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 1.2. Council -Manager Form of Government The municipal government established by this Charter shall be known as the "Council -Manager" form of government. Section 1.3. Governing Body The City shall be governed by a City Council composed of five Council Members. The adoption of this Charter shall not in any way alter the current terms of sitting Council Members or the date of elections for City Council. Section 1.4. City Council Salaries Council Members shall receive compensation for their services in accordance with the provisions of State law. 4870-7410-6252 0 Section 1.5. Eligibility for City Council Only persons meeting the requirements set forth in the general laws of the State of California shall be eligible to run for City Council. Section 1.6. Elections for City Council Members All elections shall be held in accordance with the provisions of the California Elections Code governing municipal elections. Section 1.7. Council Vacancies The determination as to when a Council Member has vacated their Council seat and the process for filling such vacancy shall be as set forth in the California Government Code. Section 1.8. Term Limits The purpose of this section is to create more competitive elections by ensuring that periodically the advantages of incumbency of a City Council Member will yield to increased citizen participation in seeking elective office. No person shall be a candidate for election to the office of City Council Member after having served as a City Council Member for five consecutive four-year terms, either by election or appointment. This section shall apply prospectively only, and neither the current term as of the effective date of this Charter, nor any prior terms, of sitting Council Members shall be counted as one of the five consecutive four-year terms described herein. Any person who, either by appointment or election, serves a partial term of office as a member of the City Council shall be deemed, for the purpose of this section, to have served a full four-year term. Any member of the City Council who resigns or is removed from office during a term shall be deemed to have served a full term. ARTICLE 2 MUNICIPAL AFFAIRS Section 2.1. Municipal Affairs The City Council may adopt and enforce all ordinances, resolutions, rules and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in this Charter, the United States and California Constitutions and applicable, laws and decisions of courts with competent jurisdiction. With respect to any municipal affair not expressly addressed in this Charter, until such municipal affair is expressly addressed in this Charter, or until the City legislates over such municipal affair by the adoption of an ordinance(s), the general laws of the State of California shall govern. 4870-7410-6252 v3 Section 2.2. Powers of the City This City shall have all powers that a City can have under the Constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. The enumeration in this Charter of any particular power, duty or procedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. The City shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. This Charter shall be liberally construed to vest the City with all legal authority and powers necessary to protect the health, safety and general welfare of all of the citizens of the City. No person, firm or corporation shall ever exercise any franchise, license, permit, easement, privilege or other use, except in so far as he or it may be entitled to do so by direct authority of the Constitution of the State of California, or of the Constitution or laws of the United States, in, upon, over, under or along any street, highway or other public place in the City unless they shall have first obtained a grant therefor in accordance with the provisions of this Charter. Franchises shall be granted by the City Council only in the time and manner, and for such purposes, as may be prescribed or authorized by the constitution or by applicable laws of this state. The City may exercise all or any of the powers herein set forth singly or jointly with other public agencies in the manner provided by general law. Section 2.3. Enterprises The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Section 2.4. Economic Development The City shall encourage, support, and promote economic development and community development in the City. The City shall have the power to utilize revenues from the general fund to encourage, support and promote economic development. The City may undertake economic development activities for the purpose of promoting the general health and welfare of the inhabitants of the City, job creation, improving market rate and affordable housing options, improving retail and commercial options, improving dining, entertainment and recreation options, and improving the City's tax base thereby furthering the City's ability to enhance and provide municipal services to its residents. The economic development activities authorized by this section are municipal affairs. 4870-7410-6252 0 Section 2.5. Officers and Employees The City Council may, by ordinance, establish a merit system for City employees. Such system may include provisions for the method of the selection of employees, the classification, advancement, suspension, discharge, termination of such employees, and the consolidation and elimination of positions. The said merit system shall apply as to each office or position of employment with the City, except: A. Elective and appointive officers; B. Part-time or temporary officers and employees; and C. Members of boards and commissions. Such system may be established or amended, by ordinance of the City Council, from time to time, as may be required in the discretion of the City Council in the public interest. Section 2.6. City Prosecutor The City shall have the authority to establish an office of City Prosecutor. Such establishment will be by adoption of ordinances and resolutions which direct the City Attorney or another qualified attorney to prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter, City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. Section 2.7. Fines, Penalties and Cost Recovery The City shall have the power to enact ordinances providing for different penalties for violations of its ordinances, and/or this Charter, and to prescribe in such ordinances, forfeitures, penalties and punishments for the violation thereof, which punishment shall be by fine or imprisonment, or by both fine and imprisonment. Section 2.8. General Law Powers Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or hereafter granted or prescribed by the general law of the State of California. All general law powers of cities in California are hereby declared to be possessed by the City. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control. ARTICLE 3 Fiscal Matters Section 3.1. Purchasing and Contracts The City Council may, by ordinance, adopt purchasing and contracting procedures, thresholds and requirements within its municipal affairs authority. 4870-7410-6252 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 0 Attachment B City Council Staff Report with Attachment Dated July 23, 2024 ROSEMEAD 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 %111u1 J /:1.Z'1 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's 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 202441: 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 areument 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 Generst Law City Rosemead Proposed Charter Municipal Code General Charter Law None None Provides that to the extent Powers there are Charter powers that maybe exercised by the City, it retains all of those rights except where stated otherwise in the Charter Term limits May provide for term No term limits Term limits would be imposed Limits. Cal. Const. art. XI, after five four-year terms. § 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 whenformaland 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 not veterans 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. 202441, 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: Rac1vilRic3utita 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 July 23, 2024 Staff Report 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 (21) 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 fust 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 23rd day of July 2024. APPROVED AS TO FORM: Rachel Richman, City Attorney Steven Ly, Mayor ATTEST: Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hemandez, 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: ASSENT: ABSTAIN: Ericka Hernandez, City Clerk EXHIBIT "A" CITY OF ROSEMEAD CITY CHARTER PREAMBLE We, the people of Rosemead enact this Charter to preserve and enhance the economic and social quality of life in our community. Resolutely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City. We do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Rosemead and to ensure that all municipal affairs that may be controlled by the City as a local control shall be. ARTICLE 1 GOVERNANCE Section 1.1. Incorporation and Succession The City shall continue to be a municipal corporation known as the City of Rosemead. The boundaries of the City of Rosemead shall continue as now established until changed in the manner authorized by law. The City shall remain vested with and shall continue to own, have, possess, control and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled, or enjoyed by it at the time this Charter takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the City at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 1.2. Council -Manager Form of Government The municipal government established by this Charter shall be known as the "Council -Manager" form of government. Section 1.3. Governing Body The City shall be governed by a City Council composed of five Council Members. The adoption of this Charter shall not in any way alter the current terms of sitting Council Members or the date of elections for City Council. Section 1.4. City Council Salaries Council Members shall receive compensation for their services in accordance with the provisions of State law. Section 1.5. Eligibility for City Council Only persons meeting the requirements set forth in the general laws of the State of California shall be eligible to run for City Council. Section 1.6. Elections for City Council Members All elections shall be held in accordance with the provisions of the California Elections Code governing municipal elections. Section 1.7. Council Vacancies The determination as to when a Council Member has vacated their Council seat and the process for filling such vacancy shall be as set forth in the California Government Code. Section 1.8. Term Limits The purpose of this section is to create more competitive elections by ensuring that periodically the advantages of incumbency of a City Council Member will yield to increased citizen participation in seeking elective office. No person shall be a candidate for election to the office of City Council Member after having served as a City Council Member for five consecutive four-year terms, either by election or appointment. This section shall apply prospectively only, and neither the current term as of the effective date of this Charter, nor any prior terms, of sitting Council Members shall be counted as one of the five consecutive four-year terms described herein. Any person who, either by appointment or election, serves a partial term of office as a member of the City Council shall be deemed, for the purpose of this section, to have served a full four-year term. Any member of the City Council who resigns or is removed from office during a term shall be deemed to have served a full term. ARTICLE 2 MUNICIPAL AFFAIRS Section 2.1. Municipal Affairs The City Council may adopt and enforce all ordinances, resolutions, rules and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in this Charter, the United States and California Constitutions and applicable, laws and decisions of courts with competent jurisdiction. With respect to any municipal affair not expressly addressed in this Charter, until such municipal affair is expressly addressed in this Charter, or until the City legislates over such municipal affair by the adoption of an ordinance(s), the general laws of the State of California shall govern. 4870-7410-6252 r3 Section 2.2. Powers of the City This City shall have all powers that a City can have under the Constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. The enumeration in this Charter of any particular power, duty or procedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. The City shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. This Charter shall be liberally construed to vest the City with all legal authority and powers necessary to protect the health, safety and general welfare of all of the citizens of the City. No person, firm or corporation shall ever exercise any franchise, license, permit, easement, privilege or other use, except in so far as he or it may be entitled to do so by direct authority of the Constitution of the State of California, or of the Constitution or laws of the United States, in, upon, over, under or along any street, highway or other public place in the City unless they shall have first obtained a grant therefor in accordance with the provisions of this Charter. Franchises shall be granted by the City Council only in the time and manner, and for such purposes, as may be prescribed or authorized by the constitution or by applicable laws of this state. The City may exercise all or any of the powers herein set forth singly or jointly with other public agencies in the manner provided by general law. Section 2.3. Enterprises The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Section 2.4. Economic Development The City shall encourage, support, and promote economic development and community development in the City. The City shall have the power to utilize revenues from the general fund to encourage, support and promote economic development. The City may undertake economic development activities for the purpose of promoting the general health and welfare of the inhabitants of the City, job creation, improving market rate and affordable housing options, improving retail and commercial options, improving dining, entertainment and recreation options, and improving the City's tax base thereby furthering the City's ability to enhance and provide municipal services to its residents. The economic development activities authorized by this section are municipal affairs. 4870-7410-6252 v3 Section 2.5. Officers and Employees The City Council may, by ordinance, establish a merit system for City employees. Such system may include provisions for the method of the selection of employees, the classification, advancement, suspension, discharge, termination of such employees, and the consolidation and elimination of positions. The said merit system shall apply as to each office or position of employment with the City, except: A. Elective and appointive officers; B. Part-time or temporary officers and employees; and C. Members of boards and commissions. Such system may be established or amended, by ordinance of the City Council, from time to time, as may be required in the discretion of the City Council in the public interest. Section 2.6. City Prosecutor The City shall have the authority to establish an office of City Prosecutor. Such establishment will be by adoption of ordinances and resolutions which direct the City Attorney or another qualified attorney to prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter, City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. Section 2.7. Fines, Penalties and Cost Recovery The City shall have the power to enact ordinances providing for different penalties for violations of its ordinances, and/or this Charter, and to prescribe in such ordinances, forfeitures, penalties and punishments for the violation thereof, which punishment shall be by fine or imprisonment, or by both fine and imprisonment. Section 2.8. General Law Powers Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or hereafter granted or prescribed by the general law of the State of California. All general law powers of cities in California are hereby declared to be possessed by the City. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control. ARTICLE 3 Fiscal Matters Section 3.1. Purchasing and Contracts The City Council may, by ordinance, adopt purchasing and contracting procedures, thresholds and requirements within its municipal affairs authority. 4870-7410-6252 0 Section 3.2. Preference for Veterans The City Council may, by ordinance, adopt purchasing and contracting procedures, which give to veterans and disabled veterans a credit of additional points, preference or increased grading in the determination of awards of contracts. Documentary proof of eligibility for Veterans 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 July 23, 2024 Staff Report Attachment B Staff Report and attachments of Second Public Hearing on June 27, 2024 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR LY AND CITY COUNCIL FROM: BEN KIM. CITY %LXNAGERfC"� 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 charier 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. DISCUSSION 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 la%% cities. AGENDA ITEM 4.A City Council Mating June 27, 2024 Page 2 of 7 In General. Cities Cannot Adont 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 Y. 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 infonmation 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 ILaad Use Election Term Umib 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 terms, (Mayor is $75 by State law for City must be elections aro on per month), but general cities or consistent the fust Tuesday can be changed City Council with General after the fust 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 first Tuesday parks etc are requirements after the fust general law; that Vesting Monday in Chapter 2-11: City Tentative March of even- complies with I Alhambra Municipal Code Section 23.08.100. , Alhambra Charter Section 11.5. 3 Alhambra Charter Article XUC. , Temple City Charter Section 502. ' Temple City Charter Section 605. City Council Meeting June 27, 2024 Page 4 of 7 City Iaad Use Elections Term Council Public Contracts Limits Compensation/ Sti ud 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 $25,000.001 Pasadena Zoning must Primary elections No term Advised by Exempt from be consistent in each even limits, but Councilmember competitive with General year, coinciding studying Compensation bidding purchases Plan$ 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 Code9 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 riod10 methods.'r Hnntiagtou No general All general No term $175 per month Contracts for Heack I plan elections are on limits and construction/im r 4 Temple City Charter Article V. ' Temple City Charter Section 607. s Pasadena Municipal Code Section 17.10.010. 9 Pasadena Chatter 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 CoWRcil Compensation/ StiDend Public Contracts consistency the fust 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 charters' set by Council RHNA Elections Code. ordinanee14 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 chatter law cities. Case 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 CharterArticle VII. 13 Huntington Beach Charter Section 302. 14 Huntington Beach Chatter Section 614. City Council Meeting June 27, 2024 Page 6 of 7 can Rollin 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 er 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 other 'es Johnson v. Brad! 1992 4 Cal. 4th 389 Allows for public financing of elections Brougher v. Bd of Public tyorkr (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 ofOadand (1990) 223 Cal. App. 3d May impose real property transfer tax 261; Fielder v. City afLos Angeles (1993) 14 Cal. App. 4th 137 Tevis v. City and County ofSim 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 Gas & Elec. Corp. v. City ofLos in municipal affairs. Angeles, 188 Cal.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 RECONEWENDATION 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 "ACT 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 Pace 7 of 7 ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQN% 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. av eef,/ 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 June 27, 2024 Staff Report 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 Califomia 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 I GOVERNANCE Section I.I. Incorporation and Succession The City shall continue to be a municipal corporation known as the City of Rosemead. The boundaries of the City of Rosemead shall continue as now established until changed in the manner authorized by law. The City shall remain vested with and shall continue to own, have, possess, control and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled, or enjoyed by it at the time this Charter takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the City at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 1.2. Council -Manager Form of Government The municipal government established by this Charter shall be known as the "Council -Manager" form of government. Section 1.3. Governing Body The City shall be governed by a City Council composed of five Council Members. The adoption of this Charter shall not in any way alter the current terms of sitting Council Members or the date of elections for City Council. Section 1.4. City Council Salaries Council Members shall receive compensation for their services in accordance with the provisions of State law. 4970-741"252 Q 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 fora -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. 4970aa M2s2Ys 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. 4870-7410r6252v0 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 June 27, 2024 Staff Report 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 A DATE: MAY 28.2024 SUBJECT: PUBLIC HEARING PURSUANT TO GOVERNMENT CODE 34458 ON DRAFT CITY CHARTER SL.NINIAR1 The City Council has been discussing placing a city charier on the ballot at the November �. 2024 statewide general election. At its March 26. 2024 meeting, the City Council directed that a draft charter be set for public hearing pursuant to State law. This is the first public hearing required by State law on the draft charter. The City Council will be conducting a second hearing on the draft charter at a special meeting on June 27, 2024. After holding a second hearing on the draft charter. the City Council may vote to adopt a motion submitting the proposed charter to the City's voters. The City Council must wait 21 days after the second public hearing before adopting this motion. The deadline to submit the charter to the County for inclusion on the ballot for the November election is August 9. 2024. A charter acs as a constitution for a city. Article XI. section 3(a) of the California Constitution grans 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 Charier 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 is March 26° Council meeting. the City Council directed that public hearings be held to receive further public input. Public Hearing Requirements io Adopt a Cit)- 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 ITEC] 4.A city cosset Meering May 29,2M4 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 rile public hearings must be a special meeting held outside of normal business hoots to facilitate public participation. Tonight's meeting qualifies as the City's first public hearing on the draft chatter. Tfe 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, wbieb would be August 9, 2024. Di f renes between General Low and Charter ChUs Cities that we not governed by a charter ate 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 ranks and regulations over "municipal affihs" that are different then State law and apply to general law cities. For instance, general law cities must on the city -manager form of government Charter cities, on the other hand, can use other forms of self-government, including the "slroag mayor" form. Other distinctions air 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 twang authority. Recently, several charter law cities pievaikd in trial court that SB 9 lot split requirement do not apply to charier law cities. Stich similaz 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 chat to assist in guiding its provisions. Term of tared Charter The table below highlights the key differences between the proposed charter and the City's current general law city status. 73e Charter itself should be reviewed in full. •tit OM MMM Gorwounar city Rosanaad MunICIPACode Proposed Charter Owwat Charter Law None None Provides that to the Powers extent there are Charter powers that may be exercised by the City. It retains sit of those rights except where stated otherwlse In the Charter Term limits May provide for term No term limit Term Umits would Do llmtta. CaL Const. art. imposed after fare four - XI, ! b, Cal Gov't I year terms.Pardalterms City Couedl Mating May 20, 2024 Pw 3 of4 Code section 38502 would count as full (b) terms. Would only apply pro ctively ProeeoutingAuthority 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 DISVICt prosecute City Attorney ordinances and certain State misdemeanors Economic City has limned WA 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 LOW on Chapters 3.24 authority to adopt own competitive bidding (Purchasing purchasing and System for Non- contracting procedures Public Works byordInence Contracts) and 3.28 (Public Project Bidding Procedures) follow State requirements for when formal and informal purchasing procedures are permitted Preference for Must follow No preference for Would ghro 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 notveterens City coaao0 Meat May 28,20M Pane 4 of4 STAFF 2ECObI1 f&M&TION That the City Council take the following actions: 1. Conduct the Public Hearing and take any public comment; 2. Discuss the Chaeta and provide direction on the City charter, and 3. Direct that the nwd Public Hearing be noticed for June 27, 2024 FISCAL EWPACT Thaw 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 C" A'7, and it can be sem with certainty that it will have no impact on the environment. As suds, this matter is exempt under CEQA. PIM IC NOTICE PROCESS This item has been noticed through the regular agenda notification process. In addition, the Notice of Public Hearing was published in the Rosemead Reader, May 6, 2024. The public hearing notice was also published and translated into the following languages and published in their respective newspapers, Chinese LA Daily News, La Opinion, and Saigon Times. Prepared by: Rachel Richrmn, 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 Stag' Report O. Notice of Public Hearing May 28, 2024 Staff Report Attachment A Draft City Charter CITY OF ROSEMEAD CITY CHARTER FJ "Y ".Tuj=11A 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 bas 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 Califomiato 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 I.I. Incorporation and Succession The City shall continue to be a municipal corporation known as the City of Rosemead. The boundaries 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, 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 snbject to all debts, obligations and liabilities, which exist against the City at the time this Charter takes effect. All lawful ordinances, resolutions, Hiles 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 m force until the same have been duly repealed, amended, changed or mpneded by proper authority. Stetba 1.2. Counell-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 after the current terms of sitting Council Members or the date ofckWoas for City Council. Section IA. City Council Salaries Council Members shall receive compensation for their services in accordance with the provisions of State law. 4M7410-6252 v3 Section I.S. Eligibility for City Coundl only persons meeting the requirements set forth in the general laws of the State of California shell 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. Tam 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 terns, either by election or appointment. This section shall apply prospectively only, and neither the cement term as of the effective date of this Charter, nor any prior teres, 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 puntpose 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 tens. ARTICLE 2 MUNICIPALAFFAIRS Swoon 2.1. Municipal Affairs The City Council may adopt end 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, taws and decisions of courts with competent jurisdiction. With respect to any municipal affair not ertpressly 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 ordinmce(s), the general laws of the State of California Shall govem. +ara7410-u52.3 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 he provided in this Charter and in the Constitution of the State of California. The City shall also have the power to exercise, or act ]xusuant 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, H+s++erri� 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 first obtained a grant therefor in accordance with the provisions of this Charter. Franchises shall be granted by the City Council only in the time and manner, and for such purposes, as may be prescribed or authorized by the constitution or by applicable laws of this state. The City may exercise all or any of the powers herein set forth singly or jointly with other public agencies in the manner provided by general law. Section 23. Enterprises The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Section 2A. Economic Development The City shell 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 option, 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. 4870.74e0a252V3 Section 2.5.Offieen and Employees The City Council may, by ordiaaaor establish a merit system for City employees. Such system may include provisions for the method of the selection of employees, the classification, advaacemart, 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 -tune 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 U. 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 (Sty Council. Section 2.7. Fines, Penalties and Cost Recovery The City shall have the power to coact 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 muprisonment, or by both fine and imprisonment. Section 2.g. General Law Powen 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 ofthe general laws of the State of California, the provisions ofthis 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. 4M741Q6=v3 Section 31. 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 Prohibited Revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary redaction 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 fimctkm which is mandated by any other level of government, unless and until fiords sufficient for the performance of such fimction 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. Amendmem, revision or repeal may be proposed by initiative or by the governing body. ARTICLE 5 WFERPRETATION Section 5.1. Construction and Interpretation The language contained in this Charter is intended to be permissive rather them 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 afi'air. Section 53. 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-=0 Attachment A General Law City v. Charter City General Law City v. Charter City I cWIMIMAKINSC I GMWW UM coy I Charter My I Abliq b Qaam Monlolpd Afkka Form of eovenerrnt 9edione Oenemey Yetlrods of Ellctlore CW Cooncll amr6eounwadbmr Rlye414007-0111.t Sound by the stab's general law. regudlees of whom the KMJW ooncems a rrsnfolpel ~- Stab law desubes the c>q'$ form of government Forara.npia, Government Cade section 3&501 authorias general low dies be gavamsd by a city round of to narnbera, a aitr CIS K a dry beanaer, ■ posse ddN, a Era ddwand any su'. I ,eRNIieeraaemployeeses equied by W. City electors may adopt oedYunce which provides ler a d ftmnt number of cound members. COL Gov't section 31871, lbs GIMAMRnnt Cade 260 shlhoraes in -* narager arm at government. Cal. Galt Cade 1348511. Mhnicipai eisaftis h -M W., in accordance with the C&OWn s El' 'N' ' Code. Cal. Elea Coda SS 10101 of seq. Gr+rbr+ity hogs uWarge elections whereby votsre volet r airy crshdi " on Be ballot Cities rmy alw dhocee to elect the city councO "by' or'eon dip I foo long es t e election syefem hu bun estahtlsthed by otdierhoe and approved by the votae. Cal. Gait Cade S 3187L Mayor may be elected by to city hrorndl for by vote of the people. Cal. Galt Coda SS 300 In cites of 100,000 or leu, a vole ofthe people is not mquhed b swNh to sYeN crural by d sM*. Cat Galt Code f 348M Minimum qua9 cagora art. 1. Urdled Soles O*m Z At had 15yarsOld 3. Ragietaedvoler e. Rm*M olva Oqy ath" 15 days prior b Eha eleoion and EaouphooA his or her foam 5, ff elected by a frau m didrW boa res.. I of the geographical area =WMV the dleblct from width he or she Is elected. CaL Bac. Code S 321: Cal. Gov't Cods B6 31882.36502: 57 Cal. Op. Alfy Gen. 30 Has sui eme authority over'm *%W NNW Cal. Carat art XI, S 5(b). Charter con provide br any arm of governnvrt inclu ft tt'stres0 mayor and "riy manger am. Bre Cal Const. art A, S SM Cal. Gat Coda S 31150 of sea. Not bound by the Calfomla BODSOns Cads. May establish own election dabs, ruble, and proadues. See Cal, Const art XI, S 5(b); Cal. Elso. Code S} 10101 at seq. May eebbesh procedures for"*" oflloers Mq hold #large or dialft elections. Sas Cal. Coral art )0, S 5(b). Can establish own aEerta for city oEfoe provided E does not vblebthe U.S. Condludoh. Cal. Coat art Xl, S 5(b), 82 Cd. Op. Atl'y Gen. 6, 8 (1988). cweadmbtio awwwLow CNy ctormrcity Pubfo Funds for Canddde candidate No pubdc ollicar dab expend wt no and accept public moray ler the of election campaiprn is v. Bnu*y, 4 Cel 4th r�:ti:F In Munldpal Emmons purpose dseelft added office. Cal Govt coda; e63oo. Teres Lknfe May provide for Wm Ints. Cat Gov't )a. May Provide fa term Iwntls. Cal Carat. art f 5lbk Cel Govt cods section 36502(b} Code f 35502(bl sad Ttraiatea b000rnes YOCIN in SPARS! h"ces kWudYW deaf% mdg,mft �mu db allose so � and or Office. a t3f9ee , rerno ral for fetus to perform d W dutiem not viohls the dMe and federd War - r ,e hMuk HhN6 abssnw tan coneYbidlons. Cal const. st X1.3 5(b). maunps wilhord pennksiw% end upon nonaafdanq. Cal. Govt Cods ff 1770, 38602.36513. Counoll Mtrebar Cwrrperaadon and SaWy-CMIM it td by ole' popuWbn and o" hrouaea ed by Mels law ■taps for May atablsk cararci rtaaic W salaties. see Cal. Const art. Xi,; lift If a * Eapursa RaYabrarerirart oomparrsfcn aalabldad by db declare. see rA. Gaut code f 38618. If a dq Raiders any type of con4ertsstica or paymerd of expsnsa b wu,d members, pwws WN me of oorrIp, adi, or then all sound nan*M an rsgrdrW b mesra, pwpmd of , -esb council mb nave bo hours d dines lra➢ing. ate COL than all sound near. i are n opked In Govt Code f f 53234 - 53235 hart bw haus of Oft balnlrrg. sw Cd. Gor/t Code J# S3234 - Ip236. ugttNfre Ardhartty Ordlnanoee may not be Passed within tive May oeWW t procaluns for ansaft local days of kdroducion unless 19M. dPabAa mdkmvw Cal Govt C e3M34 %brb, 205205 Ordlrm= may only be passe at a mrAer nesting, and must be read In fug dams of 1 odudenandpesew=cWwhwkaper .Md. Brailtls,Ardor-1-lesawed. celcfowcodef 36834. RwokAfons May estabikh rules 019311ft the May amblsh procedures ler adoplbg, prooed M for adap ft arrafrding er arnervilm or wi:calrq raadu5era. iarmow ape �W reeokillo a, V. ad. of Pahlk Wbde.206 Cal 4266 (1928). Orrmam and YetkW A nafody of #a sty cound cotasbaes a d buaurea. Cel May dalablish own procedures and quorum slation � .vdw. pp Gov't Oode f is balm b darter dtlw. For exwV N, to Ca9forne As ordinances, radrtlons, end orders for COU of Civ9 Procedure tertian 1245240 tla peymard d mercy retwire a tsca , wo" a vote of br04rbds of all the myadq vote dthe bW nambm" died rtnqs.jw dlhs governing body unless n city counsel. Cal. Govt cods f 99036• greater vote Is required by darter. actlwwxdm � sivernIqlaft vform tuvan�asvio�un caaradmodc ewtaralLmclq Chwiarcl4r Riche C,mromkg AWA Brown acts appkrmbl& Cal. Ralph Brown Act is applabla. Procowm so Decomm Gov't Code 56 5451. 54953(# Cal. Govt Code H 54951, 54953(a). Coralkt of Irrarssl kwe aro eppinbb. Sea CW. Govt Code 5 57300 ataeq. CmDct o} ilferest lays aro applicebW Sae Cal. Oat code g 87300 at seq. May pravids pravkb S r*WW to sun, conmm. oamPOP 0 mrcft and houxtosdbilltr of o8be. Poem kiallera May esW)kh eardRrd% May aft ish *W4afdik m**mrm* and procedures for regrdramw s, and pmcadu m, Wng persaaral oorwiwnd wkh krckrdnp ranperwa9m, arms and Gvmnnwd Code roqutarvrnls. aondkns of artpbyroarrtfor parwnnaL Sae CW. Const wt xt, § Mef hm ocm nrrfce' wjsmm 6(b). %ift kwk do =Vmharhs proosdurRe for mm*noK htfn% Pmco&m tet forth in mwaw tewrq and pranofron See CML Miee-Browh act (Cat Govt Code § colt Cade 3 45000 M Beg. 3500) appy, but mlik TI Me is a der dYl cW b*Mm 9r Act apples. xA�wAnw a a prbko RepbyRe kba CaL GwA Cade§ 3500. "a errd the prooedae by which k Is rn*ed. Thn then is no queetbn Camel mWks enpbyw be th %Bkdn of beW anpbyen of a mmWwa of do dky, but ran ragrrka dww oly aorutlbrte m mldpd them loreeMa wkW a nworAble a9Wrs ad as not mAIM n 9eneraf and apediadkanaof9t Osce Wm- VVobrafbrRwpwsft d empbynrant CBL Caret. art xl, § Rdiarrant v. Bordof supwW=mi B 1o(b). Cd41h 765,7M (1964). Carnot req*o wnpbyew be roa+derla ofthe ck. baton roquke elan Io reeks wroth a reamtebb and epwft drtotloa of that place of pnploynwnt CRL Card. WL)U, sa m lum). awAoss as apes* sudwrt and by eonebard wih dmw. sbkae. See Cate Msec Cxy Empbyw Ass'n v. CAy of Coale Abu, May bargfw Some of a tae Cal App. 41h 296 (2072). ftmb s b 9w owngr lmkx rp twowlecom anaeemeat aakadbn arta ea" of prapafy for nonpap mtdtaMn and assommeMs. CaL can coda §� 51330, 51334.51335. RlVMa1439M.07177r cbirao4latattic aslwdl.awchy Cbwwcftf plrb6eCaerkste CorrlpdFn Mddhp nagWmd for Pubs Not requred 10 campy wif biddkg waft conh te awr66.000. Cal. Pub. efaknes provided to city darter or a Cord. Coda i 20162 Such oo*ads city ordirofcs emnipts the cqr from RwA be awarded 10 the bwed such atatuta, and thro subJad nether rasporlsI ' bidder. Pub. Cat Code 4 of Its bld co albibe a hunk W 20162. If dly ateds st"Ict HOW b Wfalr. Pub. Con! Coda J)1100. t we unvanm mnsblxdbn scooixfto R 6 A Ybndlrp So Worm Rim v CW pramdurse. less bnW Wocadaea Rwlr of Los Agpis% 172 CaL App. 3d be ersttebb far c N - A len than 1186 (19M F mwd Corwwft 6176.000. See Cal. Pub. Cant Cab JS Inc. v GA A(m1brg fd CmW.. Co.. 72000.22032. 71 CoL App. 4th 36 (1998). Contacts forproUabnsl swAm such n private Ordamus . landseepa addteehuK agtwwi%sm*wwranbk land s wWft oraafatradion mene0arno I nveneed tot be m"Wmr bid, but maths ahaarded an bub of donaaMWed oompe0eroe and Prcfaeelaal4a forgo Ids l pwtmwof services. Cel. Govt Coda JJ 4626. Pay— nt of Plwelltei Wapa In 9atir4 prmeli g wages must be pa)d HWodr V. charter die woe m pubeowaks plo)ads mw61.000. exempt tlom prevairg wags Cal Lab. Code' 1771. Hoortweshclds mqutemanb. t3Gdhe January 1. appy (610.000 or 626.000) vfr pub8o 2016, stab law nfgWra doter anal has adopted aspected labor coos to pay p wWfag *spas an any mmplor" paapran Saa Cli labor pubes works pro)ad or ala 9n city Cods S 1771.5(a}(c). will not be e8p * to mmW state tt,arrcW amarm for pubic wall Wo**. Cal. Gov't Code % 1762 siv aahaaamam vt 4 WV #41H.29OWn7 rl Gwwd Law ar cbmw cityFhmTarinp tPMW May Impow as was WAS of toes end Have 9a power to tax assessment a cmrbr dlea Sas Cal. Gov't Code S 37100.5. Impo"m of tiom s and eesesmmits subject 10 Prnpa m, 218 and 28, CaL CwWL art. Impogtbn W tease and awsanrrds m*d XJUC, 12. and own darter tYnMetions Io PnopoMkm 218 and 28. Cal, Const arLXIIIC. He" broader assessment powers than a petard Mw city, as wet o I - 1, n power as Samples d common bane used in fsmadrap odds= detamdrred on a can* naw basis, w ss rAd dstrtd May pron:eed under a general aseessnanl ImprovementMx of 1911. Cat SOL law, or snort local assomorerat Maws and Q Nqh Code jj 22500 at essq. roceed u law- ndw MY d W Ssse Jones cormpsdes of San • Mmkjpal impvmm t Act 01 1913. Diego. 157 Cal. App. 3d 745 (1984). Sso Cd. Sb. i High. Code iS 10000 of seq. May in I businsu I lanae tem br a1y pmpoee unless ibrdled by stele or federal impmernort Bond Ad of 1915. Cal. wrwtMrftm ordy daarlsr. Soo Cal. Cast Sts. i High. Code SS am at seq. art X. i S. • 9 and Li➢hft Ad of May antpmw red prolwty baaAr ter does na vloide ektw CLL Cant art XtIA or 1972.OIL Ble. i H L Cods Si Government Coda ass:bn 22600 et mg.CelBomim 53728, Sw Cohn v. City of ONdsad, 223 • Benda Awewrwd Act of 1982. CaL APP. 3d 281(1990g Haider v. Cly of Lm Ange" 14 Cd. App. 41h 137 (1993). CoL c•oACode ii HM ab ma May Impose bokon Margie tans bf nsguilpy p rpmmo, revere purposes, or bath. SM Cat Govt Code S 37101. May not impoeo red pnwv baafer tor. Sw Cd. Corot. aL)aiK i 4,. CLL Galt Code i 63725: baasae s d eft b ftm doaaerday boater boas undercerdka dwmsbrross. CaL Row. 3 Tor. Code S 11911(a). (e). 8besbs i 6idnralb p oa�aeOf ��cmLVd32l, Sums has proornpled endm Slid of bvft control.•Cal YM+. Codm 121. PereaMs i Coat Rswvwy May 1Ow Snag, PIJ and May ewers ordaae+as p wAdkV for various . not a . Gott Code S 38901. 1, 1 ' lay mwemum knb ad bethe rdwW. own&ofLos AngeMay. Gly of Loa Angs" 219 CLL App. 2d 839, 844 (1983). WV #41H.29OWn7 rl Citt.nasiefisMe I c.n" Latrr car � chosbr elty � PUMIC Ummear► s May sstebitNh. Dwehow and uprate ntshblinhabitervis Witholw* p r Sea Cal. Const. mt. with etadric powa - Xl, S 9(s); Cal. Gait coda S 30732: Cat. Pub. UK Coda S t00D2 may Dred fruchbes to persona or aorpor d" eesidng to furnish light wow, powa, hast, taspwUhm or eommmiwlion awieee In On city b aitow ua of ft sbssts for such Durpssaa The Grant of hendhisse can be done tluotrph a Dldding process. hinder sb Brouphlon Ac4 Cal, Pub. ULL Coda S; 600160Q2. avdtlwhd a bkldrg prooese under the Frahchiss Ac! of 1937. Cal Pub. UIN Cads S§ 6201 - SIM Zoning ordinances must be coruistent with paned plan. CaL Got Cod S SIM May adabM padnass, and opyats public wake b hrdsh its lilt MMM with elecfrfe power. Sas Cel. Const. art XI, f 9(s); Cat AparUnsntAsah v. Cly ofStoddan. 60 CaL ADD. 4th 899 (2000). May establish ansions and regulations on the gruff of frardrees b usa city atieeI b persons a aorporalbrs sedftto furnish light wssar. Power, haat. Iran or aanmuniodi on sawkM in the ON. Frandike Act of 7037 Is not applicable ddsrbr povMw CaL Pub. UtIL Code S 6205. Zoning ordinances ars not "Iced b bs oorhabMwith oanafd Plan unless the cly hes adopted a corwiaters.9 re4uirernad by charter or adrw m CAL GW% Cods S May 28, 2024 Staff Report Attachment B January 24, 2023 Staff Report ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL. FROM: BEN KM. CITY MA.NAGER< DATE: JANUARY 23.2023 SUBJECT: DISCUSSION OF FORMING A SUBCOMMITTEE TO EVALL ATE THE POTENTIAL AS A CHARTER CITY St NINI RY Ma% or ProTem Ly requested the Cite Council discuss forming a subcommittee to e\ aluate the potential as a Charter cin. STAFF RECOMMENDATION It is recommended that the City Council discuss and pro\ ide further direction to City staff. FISCAL IMPACT None. STRATEGIC PLAN IMPACT \ane Pl BLIC NO FICE PROCESS This item has been noticed through the regular agenda notification process. submitted by: �:4 — Eric a Hemandez City Clerk Attachment A: General Latr City %. Charter City AGENDA ITEM 6.A May 28, 2024 Staff Report Attachment C February 14, 2023 Staff Report ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE NLAYOR AND Cl 1)' COL\CIL 46-1 FROM: BEN KIM. CITYMANAGER.11 DATE: FEBRUARY 14.2023 SUBJECT: CONTINUED DISCUSSION OF FORMING A SUBCOMMITTEE TO EVALUATE THE POTENTIAL AS A CHARTER LAW CITY SC�I-NLARY >lawr Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the Potential of becoming a Charter lath city. At the Januar' 24. 2023 meeting. the Cir Council directed City staff and City Anomer 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 e\'aluate the potential of transitioning from a general late city to a charter law city. During the discussion. the Citv Council directed city staff to bring back additional information on hots man% San Gabriel Valley Cities are charter law cities. schen a charter measure could be placed on a ballot for voters' consideration. and the cost of holding a standalone election. City staff conducted a sun e\ and found that seven (7) cities are Charier cities out of thin (30) cities in the San Gabriel Valle\ . Charter Cities in the San Gabriel Valle\ cityp Charter Eatab .\lhambra 81.211 191 Arcadia 57.500 1951 Industr 440 1976 Irwindale 1.366 1976 Pasadena 139.25; 1901 Pomona 151.000 1911 Temple Cit. 36.494 1971 ";lies arc chancr. out of ,o cities in San Gabriel \'aIle) AGF\DA ITEM 7.0 (ley C4MAd M0de6 pabnwy 14,2023 pqp2of3 California Elcotion Code ji 9255, 1200 and 1415, provides wbea the City Council can piece a ducoer p opmel meesme bafm the voter. 'ILe dguW provide it mus be held during a statewWs gerseral election City doff checked with the Los Angeles Regwtmr6RecordmK;ou ' CIWS ogles sad oonf rmed that an iddd F3 , pmpoul under Election Code 11415 sates: (a) (1) Dwept n provided in pwagroph f2). a ft or city and county cbmmr Vwpowl proposed by the governing body of a city or city sod county on its own motion that qualifies PWOM to staftwide general election moccurringdot kw tido 88 dayft voters at *0 nmd yifer the dsw of order of deadem. If the kidd duffer proposd msanae is moomm ended to be placed on a ballot, the nestt guWwide genewl CIOW o is November 2024. Furtbamnae, the City Council wig hove an call for a spa" election on the cLseter mmore to be held is November. since the Gigs nests general munieipd election is $cbodaled for March 2024. In add[con, the City Council directed City doff to provide cast mfi=dion OR holding a saeddone deetim To conduct a Men"= dectm City staff found that no vendor offs a all the sttxewry deciion ere "M ltlra oar pcavimn Venda. Martin and Chapman, who want out of badum afar the p=W of Amy BE 415. MY sluff teacined out to 8uee cities that comhtce and@lone d"ous to batter uaderdand how the elation l+mdaeapa bas duaged City Staff frsnmd the City wmdd have to eomtraer with vwon vendors to provide the isaxaSary Services to conduct a d oddaoe election Services that would regdre emering ion npmte agnexmens with mtokq* venders include bellot uhtdamon m vices and equipmem ballot prig smd Vote by Mail setvicts, perehesiag oofiwas fa vote by mail processing and yang, condwS services. and biting tatopotesY MADE In gaaserd, a Stsudaicne dation could am the City over $MOM or mom, depending on aha city's chouea to conduct a saaddow election. For comparison, Temple Cite hWkWed that it $pent $222.100 m its Mach 2022 dond+leoe election Stiff was sled W& mad that Temple City MM& to 000solidste wish the C'MW Bor its mat election cycle. Additlaodly, in Vasking to the Los Angeles Comq RegisnSs ReowdedC01M ClO*. it ones meadmed that if the Courcy is holdsego en b oes for volect= on ters and ss adeft epmrMe woes Qce�s a Os stamddame alectioo, there wain be locations. STAN>:FcctM1YffidDA= It is moommmded dist the City Council discum and provide further direction m City stag: City Council Meeting Febmary 14.2023 eIot3 t:MQU IMPACT None. ^NVIRONMRNTAL ANALYSIS This agenda item does not constitute a project under the Califomia En\ironmenlat Quality Act (-CEQA") and it can be seen with certainty that it wit] have no impact on the environment. As such. this matter is exempt under CEQA. CTR ATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has leen noticed through the regular agenda notification process. Submitted by: Encka anandez City Clerk Attachment A: General Law City v. Charter City Attachment li: information from the nonpartisan California League if Cities February 14, 2023 Staff Report Attachment A General Law City v. Charter City General Law Cily v. charter city MV Wl4.2M4717v! Gem" law R1y Ow"Br ow Abab to Gowns aotate by ft stab's psrtMal Mw- Has suprsnw OLOM Mtr owr'mad4w MOddpd Affrbs npwdls d *War f» m MW mrtcarm m%ks.' Cal carat. ad. 70,; 6(b} a muck ipM ow. Fare Of f.owrm ud sm m low daubs on C" farm of OwW an Dlovlde fa any brm of potwmttwtt Far example. Gowmmem gov«trnsrd 4rJudhp t1r �aYaq eryor Code sedion 90601 auMwkm par" bw atd odly vwtiupsrb., as CeL C -mL dike to pownwl by a ok owndl of to art X, g 6(bk COL Gale Cade; MOD at ms bar a dip dark a dy beateer, a asp. pafoe o m, a flro dtlf and etty &AM n ds of m or sniplop as mm*od W low, cly elcbm may adopt wdkwrta wNM ptm'dms Ina dibroo trmrbadmund um bars Cd. GOrt modes 94071. The Gwjwmwtt Cods slo Whottraa do ldgt ..wipe bmt d fownwwrd. c& GovtCadsf 31661. ElldbaaGmrraeflll Maidfd elsaforu cordwded in WbmNWWftCdibmkMcft Godo. eomrdar+d wet 00 CalOarde EMcbM May sMmbkh own Mmcfori dal. rtaa, and Coda. Cd. Else. Code JS 10101 at tete¢ WOMWnm. $em Cal. Caul art a, $ 6(bX CoL Ela Cada il 10101 a sW NMadfofNsdoes GwArMyholdemt•WpeaMegg rswhomby May wW*shpmmdwasfor s WMV velars vdafor any omrtdi .. on fa WOOL oMiats. Mey hold 04mMe or diMrict CMl may alar t , bald the dry sktdlotw sea Gl. Carat ORM ¢ 0(b), wAcl *W or'bmrt d wl* a lav a Ste a11ort splOw law ban eelabfdtd byordkmtoeanti op p , , by Me al Cal Govt Code 13071. k"w n" ba do bdbyptsdryodardlorbyvolsdfa peopl."flak Cads U 34M In does d100.om or me, a vob tithe pan* b not r *&w b alb- b debtp amulti by dlldttw ca Gori Code i 34006. OV Cow" Mm*w Mk*wm quwrcetl m war, Can esOM Mah own ufarl for dy opts aNdNkmftm pt w4M It does not vblb fa U.S. 1. Neild Skala -Ml 0 CormlMubort. COL Cons. WL A. i 6(b). 2 At lar 16 ymmys old 02 Cd. Op. Ao GOn. 6, B (1M0 3. PAWob d vobr 4. Rwidard d die dly st ked lS dye priarb tlw mleolkn and ftrwow his or her bmt S. ff daclad by or from • dktbki be a nMdem d to onewsphkal was mmp bbp the d""A ham whkit he or** Is dmabd. Cot Eke. Cods 1321; Cd. Gov't Coda U 9466$ 38Q2; s7 CIL Op. Mty GOn. 30 CU)• MV Wl4.2M4717v! -dimommao - - osmw Lm Cly 1 Chwoor elly Public Freres for Canerilce M Mrtdpai EisoYerr Fr".71= Yaeaeeias end TsM*MSM doll" Cornof Ember Compmmm"md � aRaYrera mmt Quenon sed vb*v RNIV No pubic dim NMA a WW and no as — , NMA swept pubic ray for the puTm d essldng eicied dies. CaL Govt Cade; 86800. Cada (bbnn Wnb. CAOoA M odes beoonlss vocrver t In seal Yrlrl I iatud ft dsak mlymm, rrrveval br falure b parfam dloil dulea. eidmldo aoularilas absrrcenom rineedrl8s vAtllant penrr,slon, ridupon nw&msmmM. Cat Govt Cods it 1770. 302, 38613. Salty aft iSsMbyCWPOPLd8lMWld afnprftalarl aadbl�ilMdby aly WEba BesCtl GovtCodsf38510.ffaally ww" ww Ares of mrprlsdon or pay Vm d b �a� RR haw wo hoes of sites tNrdnp. Sm Cd Gw/t Cede If 63234 - 532.16. not be pesnd w1hin live an uniss oft am Mpnq Ordllrarlbea stay 0* be pmad at a m9uir rrresWp. and meal be read i tuA at tirM d to wo, iWadledon end PwaaBa enoesptaArsn, alit i warned Catt Gain Code j 981i34nrrdrr f pMovocedum tbradopfin8 rnwang or mokdbm. Comma mMdWss ■ n of budnew Cat AN ordalsrloas rawkAk s, and orders for livepaymo t d m oy rp"• reter - .ampiy von of live low rrrmberalrip Otto dy ca n A CLL Gov't Coda i 38898• tlpaglo iYulown rpWra wpernMprdy vom tr M.0 *I adbrra RIV nri14.1er-eRl r11 Publo Finan kG of DWJOn MVMOM Is *#&I. J&fjn an v. Bmdey. 4 Cat 4th 30 (1992►. May provide for term Imhs. Csl. CmML art )U, j 6(b); Cal Gowt Cade Ssdb1136tMb). May eMablrh aftm for vecNYg and tamtnalip cly ofAoss so lap as It does not - Ove stole rd federal arrMlW wm CLL Const art A S 5(b). Myr ealablah aunCI rrwrlbars nI Sm Cat CwwL art M. 9 5(b). f ■ aly proridea any MA of esm mens err or psyrrwlt of rrprras b CaM .-MM ors fan a0 co ncl awMre on ragrdred to haw We hours delta b I th y Sea Cal. GovlCode JS68334 - 53236. May@mWishin--- esfor enseWVlad ordiwross. Brv&OWV. Bd dPabft WbMe. 205 CaL 428 (1928). May wMish pooedrrrea br adopling. arrwndinp or npedep naokfim BMUOW v. Bd ofPUM Vot fr. 206 Cal. 425 (10M May establish awn Procedures and guonrm regntrerrwlss. Hummer. Certain iegmemon regn" supernrq►olgr van in appfesble b ohrMr dWM. For ermMl@, ees CaWCmlG Cods ofCM Proadua sad , 1245.20 rpuirinpevaraoftnoft tdallive ambers dthe g wninp body urtsa a qmW vob M row red by dwlsr. alVIM4-2m4n7rr Ralph &van Act b goabls. Cal. Ralph Brom Act Is appik". Rrdaa Gwnming Proeadwe aid oworlas cwt Coda 44 5496T. 04BRa). cal. Obdt Coag 44 04961, 64963(a). Conw d krYrad laws aro appgabb. an Cal. OovIt Cads 4 ff7m at Mg. Conit<.i d wwwt laws ars applosbb. ave Cd. Oalt Cad 4 87300 et saq. May game PMMDM stied to e9ia, =Aicw ampspn fnax9rra and krcanpslity of aQoa. Paraorrnd lOO M May aMsbbb slndardt May "W)M sbsndwds. laqusarrrr a and proosdues 1br mgAw wib, aid procedum, hftpwoonndoorrisbntwb indudkrpcwrlpenaslalMmsand Ommmare Code rapltarwrss. oondtlons of enpbymas for psaomwL Sas Cal Coed. art, )a, 4 May hM'drl eslvbd aysbrn 6(b} which Includes mpniwnin prcadsestr mm bn@K Mft Rowdraw setbrkr in M"ws. NOV and pmnfekon. On CaL Wm4kcwl Act QCs. WA Cad 4 Om tCodo 4 46000 stsec . 3600] apply. brd nds VIUM Is a dewdfMYrdbn be4sean 6r Msyaw•Miss•Brsw+ Ad apples. subabnos da publoampbyw labor Cal. GM Coda 4 3600. im s One the proc"re by stdch k b laesirsA. Thea lbwe b is question Csmrd requke amployaes be 6at'afriea d bal angbyaes d a rasiderrle of the dq, but can mgrdre desbr dly caatlrld m ft" than b nsida MM a resamabb d biro and are nctw )W to panwsl and spwMa dbdrroe d ON* pba d ALm Va6 ra fara w I I danpb)mwt Cat Cant aR. )0, 4 Rcamossaty. BowddSrpwMeors, 3 10(b). GL41h 706.781(1 04 Carrot ragLin amployws be reaawaa dthe ft brRan requke thwimresldewtthin a ie.aandie andag INcdk*mddm*pbad m.0" not Cs. const or )0, sso.. 10(bf Csraraetlnp darvlaa Authaky to WAK kdo cairacb Ibr Ful wAhoripr to Cordrarx swvbos w Orprea 4 au MINd by axwbbrd wOr charier. satiw Sw Cads um CAV Enpbysaa Ant v. CRY of txaea Was, unary bwwfw aero of 11s 209 Cal APP6 41h 296 (2016)• nr .M 4YrdYrp colocikn oolxlbn snd sed d property ToriorMmwtofbmand awwrwMa. COL GOA Cods 4461370, b1334, 61336. alVIM4-2m4n7rr Cronbeels biddip for PAft Not required to cW* with bMft Public works oblrb� avx 16,000. Cts. Pub. a eAm preyfdsd M dy dorW IX s Cont Code 120102. Such- abl ord nam momptf the d7 from mat be amded to Ilm bMlmst huoh ethmueee end the sabpct mMlx rehp, ON bidder. Pub. Cont Code 1 of M bid comstlkrMs ■ munieipei 20102. N * GbM subject Web to alfalr. Pub. Cont Cods § 1100.7; we unibrm oormucim emouNkll R A A Vambw Ssrvbm Ala v. Cb proceduss, IM IN powdurn nW of Lm Anpefms,172 Cel. AW 3d be wmkft for oorr' ' Isms than 1106 (1915); Howard Contruft 1175;090. See CA Pub. Cad. Code 1& km v. GA ANcDMW Comb. COL, 72000, 22032. 71 Cat. App. 411130 (1996). Cormecisfor proissbrW services such M pdvde ardl6eebmsl 1e11dec" erd111e0bhal, enpireerte, NwkasrarlW, Ylld h9rveykg, IX oafablldwl Irwapen wdlir11ara0notbe COnpef6vely bids but mat be eYvefded cm bMis ofdemorabaledcompetence lbwgranemmy fbrfhsM6sNrAory psrkxl..— of shncss. CaL W'A Code 14526. Pal m of Pr Mum When In psrarel. prsve- wage mut to paid HYWkW, dwW dims wm on p kk masks pmjuts aver MAIM sranpt Gam p wnft wpe CeL tab. Cade $1771. HbMfOeedwidh mWkwranb. Elfectkre Jsnu my 1. ePPb (615,000IX326.000? Nto public 2015, em0e Iw nguhw dMIN Mor own 10 �Bs TM db m�rpls�rroe p�opahns Stems Ch1 tabor puhlc waNw Code 11771.5(OH4 wi not be dgble a I F eats Ikrare A nd@W a far public works PF*ds. C.L QvA Code § 174M mVh4&1449"17r1 4 Ci�iOMAda cerraadtarrOV CMallarCsgl FNrrrw and Twft Power May inpose the tams idnds of taros and Haw the poser b ML 0MnwrM w dwW cid . sae Cal, QoYt Code; 37100.5. Imposition of less and aaaesnrnems subjed to Pmpoellons 215 and 20. CsL Const art Imprreilion of tsoros and eseaaellreMe subjed XIIIC,; 2, and tram claa he kidladons m Propoa ions 218 and 20. Cal. Const. "IC. Hess broader asesprnant parsm than a aornenl Iaw ally, as welas1as1, power n Fxampias or gammon bmr used In datenrilad On a GO@** cess taste. awwarnent a - I --naming Includec. May prowad under a genend saeasarnsnt • IrnprawrnardAOt of 1611. COL ft law, Or erred food esesarnr , Owe and a Hen. Coda; nM at M IW clod b pracsed under the bad law. Sm J.W. ,ones Caamparres v pb Asan • MunicipalImproverm Act d 1819. DAM 167 Cal. App. 3d 745 (1064). Ste Cal. Sts. a Hip1. Cods;; etaaq. bnwuroes 9oenes Ieros any purpossurthru10009 91ttlbd by sbnbalsdral • kTVmv wd Sorel Ad of 1015. CaL mnObtbns, or aq dealer. ass Cel. Const alt. a H9 code;; 0000 star ant A s 5. • tandsca ft and LW" Act of May bFas mel p opwW trsnhr tK does 1072. Cd. sb. a Hilt. Cade 16 notvMob ~ Cel. Const art XI9A of 2250o d asq. Caltanla Covertsnsnt code sadion $3725. aw Coon v. CIy of OaMurd. 229 • smWRAwwwrwmActotlM. Cat App 3d 201 (1 9Wk FMW v. C& of COL Cwt Code fA 54700 at asq. Los kpmllrR 14 CaL App. 41h 137 (1903). MeW I VO business Unmws ions lar rarmw or bWL See C oL Gott Code; 37101. May not, Im reelpnopenlo 1WIW IML Sw C aL Calot ant XOA 5 4. COL Godt Code;53726;butawauMorkb, 1p, dommtoy Manor tans under asrI I dmrarrWnces. COL NOV. aTnc Cod; 11911(a). (c)• Alteon• a sld..asro Slate ties p mvgbd entire laid of Stets Im WM npMd arMls laid of balk ao * CaL VOL Cads; 21. MOo wn6d. Cal. Vah. Cods; 21. hrtaWw i Cwt lboovery May i poas tlaa, pwobn and May orad oMbwvm pr*Wk ft br varlom bdurrne, w1h a ins not aOcae I pecapow so long es each p&Mm do not $1,000 GLCovYCode;90901• exceed MydLot Co of Low Anavisir Npslas, 219 Cad. App, 2d 999, 044 (1903). a1VNe14Ae 4717rr Public tdmNNFflrr hbn May ed"Il pxdmm , and aPerela May eelebieh, PUratraas. and Pubic wata to RM*b Ne nhabitanb oparab Pubic watt b harrbh M wah aleetrk Power. Sw Cal. Carat nt idnblbnb wkh abcbk Power. Sus ID, i 9(q; tali. Goat code f 39732; CN. cat Cones. art )U, } 9(a); Cat. Pub. LIM Codell loam. AawbrA tdAah v, Oily of Stagy, 8D cat App. 4M 099 (2000} moo 9nM ttw4wm b psrarw or coWaft a woMM b Unkh %K May eebbft catdit m end waler. Poway, hest hannpaWlon of napraatiorn m the pantie of maare»iation aarvbes in 9n dw to 1ratichNw ioUse my shoals lo Mw un of to r ousels far each Penn a'corpora�ane esa, , to purpoaae. The pent ofhaWdm can be f4mbh W wrier. Power, Met does through a bMft process, under soap lora or carnrernkation to Act, Cat P& Uit Code aavioee in On a9y. §j800141092. erWIWo bidit prmw under the FrvwAw Act of Ffwci*e Act of 1937 b not 1937, Cat Pub. LNL Code is 8201- apple" M Chador pmum Cfl. am Pub. UA. codes=& :ar bw Zaino ordhwroee mat be mrwdent ZGMV oMVn an ea requtad wlAth 9 al plan. Cat GM Code; wiM � pbn mm.mwAm nbxnbMis a dbychwW orardnenn, Cal. Gott. Code 9 t 5w& February 14, 2023 Staff Report Attachment B Information from the nonpartisan California League of Cities Information from the nonpartisan California League of Cities: htto•OtLrw cacities. ordchartercities Introduction Charter Cities DA you know that, under Carton MM rub provisions in Caiifcmii s state constitution. rotas can "Woisa a greaat ttegree of local Control than that provided by the California Legislature? Beco nug a Chahar city alo"voters to detemnioe tow than ctir gowammeM s oryenaed and, wth respect to munippY aflerts. ansa tegMlada+ deferent than go adopted by to stau. In 2001. to Instdule fon LOW Government. to L oops's research amt learned up with the Hastings pubis Law Research institute to rials an iMonrmiond resource for those interested in understanding nos above the vow Com of local corsol. The Leagues grateful to everyone who helped with this pnged including Philsp SO of UC Hastings rata the fhstil Public taw Research Institute: KCl Berger of Jointure; A Hoge LLP: Keay Strauss (Messy at law): John Cook (Fomes City Attorney. Indian %Wls): and Hwway Lavin (Ciry Atomey. FsnaM) In 2007.1M League upoless these resources ardthe new donwtents can be found below. The League would like to thenk Hilda CardL Me" (Aoonsy at Law) for hr help who the updoa. Charter CMn: A Quick Summary for the PM" and Researches The rodowvrg summary au at by the League of Comb"" Cities' bgal staff, in an attempt So ¢re the plain and research CormnunMs a prmar on some rmquentfy Based quose s mgrdi g charter Giles. CbaMr CMaa urs. General taw cities —The Beales The Caklonia Caulahat n glees on the power to become tarter avei The baneRt of becarnrg a Charter city latest Charter alias haws supreme 0utlerdy ovr'rnunicgal aNaiss.': M otherwads. s drie ter City's tar concerning a riviopel a0air will Lump a sate low governing the Gema topitir Cries that have nes adopted a Charter ser IMaeral Iaw dies. GanaM law Cities am bound by to states general law. anti with rasped to mun dpol again. Of Csttotrd s 473 cities. tet of thorn are duster cities. The cluster city provision of the Sate Corottusbn. cormony Marred to as the'honrrule' provision. is bash m to pnndpte tet a city. ratterthan 1M sate. Is n the bat pouion to know what t mads and how te satisfy those needs. The hwwnste provision allows darty crties to whduct their own bustnac and controltheirwn aRaim.s A charter mein n bail toned. A city cluster. in effect a City's rnrertdiou nod not sat out eery municipal atbir the wry would kka to govern. So long as to tarter coi Now a dsdusGon that Vis city O erda to avail its" of the full power provided by to California Corm"A on. any city ordnance that regulation a munkipei utak will govern over a general low ate ststa paMktg Municipal Affairs' Detemnng wl of nand is no a'munlCOsl aRsd isnot always stmghttorward. The California Coral tion does not derma -municipal dau.' It don, however. set out a rhonasdusive list of four'cors Information from the nonpartisan California League of Cities: hfto•/AvwW cacitfes ora/chartercitfes caMQories dint are, by definition. munldpn effeim- These ategones we 1) regulation od the'oey police force: 2) "subgowmment ,n au or pan of a nay': 31 'CwWuU of city elactions'; and 4) -ft manner in which . municpal officers [am) elected.'& Beyond t!as iso a is up 10 the courts to daes" s whet ■ and is not a m in¢psl Aar To dormers s a matter is a municipal Mf W. a court will ask wanner there m good masons, grounded the stalewWa interests. for the star* law 10 preempt a bW law : in other words. mons ml eek whether them In, a need fpr •parwwurd star* Control' in she p irlb our area of lee .•: The Legislature -is inwn when enacting a speciklew as not detem+mafis.:h The Concept ol'muridpal affairs' s fluid and whey change over tone. •2 Issues that m munCpa attars today could beCons Wass of sW&wde comm in do futue.•s Nonetheless. them are some attars that muds has ansis** Classified as murkipal affairs. These induda, • Municipal election maIIrs•. • Lard use and Zoning deCillibrhs IWO some OXCIPWrlsl•e • How a city eperWs ss lux doWs•e • MunK*W canaads• peoVided the ChL'W or a Cly Ordinance exempts the city from the Public ContnU Code, and "subject R~ of to bid mrsbtufes a municipal dfair -- Thus. a Charter may exempt a city from the Sute's ow pelitim bidding siatulss Laser". dmrse am some areas that courts nave WMOr* classified as areas Of s•,atewlde mruern, including: • Tralbo and whtle regulation•. • Ton chins against a gowmrrwdtl rsityv • Requisition of stied sysMnoa NOwto Become a Charter Cfq To become ■ Usrsn cq. a City mut adopt a c hwlw. There m two ways to adopt* UsrW • The city's voters eled a charter pmrveaiona• The Cartumssnen has the responsibility of draping and dabs" the charter. • The governing bond of the coy. on Its own motion, drafts the Charter 22 In sow cap. the tarter is W adopted by the city war a six by is malorly Vote of the city's vmas.:a Femora irfymrion about cnarbrdtis6, Pleap vias tea •Charter Cli iaa'ssdion of Us Leagues Web Sb of Cel Cast. an Xi. S Ills, ' Cw Caret at Al S ala) h Annrr, v &clay a W am lee Iae (:952) 'e... - . •> rr wi 1n,tasr. Information from the nonpartisan California League of Cities: http://,,AIAY.Caciti0s. ordchartercities �'Yle a'e s:nr nClc5T5 � F s •..e. c:• rii�Y a Clarut J'Y rt e]: ] :r :K < : < _:'f'03 ]SY _^{s5:+e :1 s ry:.M !<'$lttY lil-1D1'Y :.!Y `Y ^e � JCf f D'DY4?r M a XI X] ^a^'l ': r •� Yr'� ! :':. { �^ ^• Tf .DX �!! Cil .,t CIO �DDlS 1:J3 x. 5 S: 'Ca Cma: an l.. 55 pJgDn 4 Ca4T a: a:5 O M.D. D ata:S ±11 FOO sal's, S i:Y 5R'. _ _:S %,7045 V Ca: 3]' ._ Saar . _ , = 4,2e es 45 Ca SSE 599.'99ei p Saa: as Cal AM 4O Y. 599 Na:.•<eY Y -14, 2e2 Ca 1.1; 2.2152 is= -68 .• See3�. w: SC N?� rn , 2:5:a 425 4471/92/1 JDa9D, 4 Ca'. inn 4.7 •iiDCT. CW, q•'.77'ka?.YD/]3r:Z*z nc Y Cry SY 1{4;","2Ca. +:: 3: "ee i-, -SSE h a. COIIDlC.'12 M , s a IFa::]b D Cy V _D CN AM 4m 10 51 CN. van CDOe S 2' ' 9l5HC� Y Cei aFLr Seam 5: Ca =_. :247 :l:.19a21 i5fanK Y S n Fn.e>Sq I e*v sX :s' ee Ca: AM 34 Tat '19 '- Ca Gort CDw § 3a45' Cal ;.DY1 CYk! § 3Y<5a C. sort cm Sf 34a5' 34452 General Law City V. Charter City chwacwbdo Gerrral lar Clgr charter civ Ablty to Gewm Bound byto ebb's gemg low, mowdas Has upmnr aWarky over tinwnioipd tawd*W Mklm � Or subw aaaem ■ muni*w alfa w Cal. Const Nua, 6 5@). Fam of GanrMont Slats law dssaihss the dy4 form of Chrfer an ponds for any form of government For ewampb Govamrwt gwenvnard Mrd v th9 %" mayor: Cod• wagon 38601 dAbxbw 9errew bw and ely ntarrgd barna Sas Cal. Const dew bogawmed by a dy aovad d5ve art A f 5(b); CM. O&A Cods 134450 at marnbars, a atr dark, a of tnsssum, a an polos drbf, a Ne diet and any subordlnab oekws or rnpbysss as r **W by low. Cly ebdae my adopt adirrros Id" Pmvbn for a d8rad mu*w of aourrot membra fiat Gott melon 34571. The OwAtrmnnt Code sio aulcodas Wdy =nswformd0e+wnarr LCeLcwt Cods 134851, mood M fiaomey Munidpal alee8ars conducted In aeaordarnae Not bound by On Ca6bmb Ek d om Ca& w1h the Cafbmb Bmbm Coda Cat Bert May eAAW own ebdbn dAw ndw, and Cods 1510101 d seq.. prooldraas. Seo Cat Cart art lft 5 5(b); CA. Bao. Coda $10101 at an. IkOwds of ENd m Gwwaly holds of wp dad= Wwsby May vdWAwh voos&m far wMadno wbmvor for any md'ideban Me baht. IN May hold e44args or dwid Cam may abo I -10 dad"dfy ebWar Sae Cd Card. ad. 70, li Rb). wwd'WarlwdtwI solongmthe ebaeon aldw has been eelaheelyd by opeminos and approved byttr velars Cal. GOA Code ;34871. Mayor may beebded by the dy oouncl or by nab of Me paopla Cat Galt Cods ff 3002. Cly Couneg Member kkninm qu&Wcdbm arae Can arAbM osn aksrb for dy office Qrtillwtlerr provided a doss rat vbbts dr U.S. 1. Unbd Steal aebxn Coneeliim Cal. Coed at )u. f 5(b). 82 2. At Wast 18 years oM Cat Op. Ary Gen. 8, 8 (1988). 3. RegieWedvotar 4. R 1 of#ndydbadl5dwp pdw b the aldion and tlaa 4mm Nsorhertemr 5. eebridbyorfimadded%boa .. ,arOregecpraplrlwares carp" f)r ddd t hom which he orshe b ebded. Cat Eba Code 1321, Cal. Gaut Cods if 34UZ 38602; 57 Cal. Op. Alry Gan, 30 (2001} CMeaGuhtle elarrati Law CRY CIMrbar City Pubna Funds Tor Candidata No public olflar shah erwmd and no Public fnandng of ebdion ampaiprn 10 In MaMeiPd meetimm cwrdd is strl adapt pLM monsyfar lM W&L Johnson v. bafty, 4 Cas. 41h 306 purpose of s @MV decked dbs. Cat Govt (19621 Coda §86300. Twm lints May provide forum L nRL Cal. Govt Coda Mry provide for term tnM. Cal. Cart art 5 30802(b). M. § 5(b►: Cd Govt Coda t odm 30M (b). Vwades sad Tared un M dm becanres vaard In asysrd May edabreh a lin far vaoMb9 and Dior" iradrsrns Inelu*v dowk rse16na9en, to, dindli dly olfioee so lorr8 as It des net raanval for fated to psrbnrt dkW dutles, vbhb 8r Wft wtd I I I aonklhdbre. Owdorab wvfl ambos abewrs from al. cart wt )0, b 5(b). rneMYrps wood psrmleelon, and upon nor► raeldwrey. a1. Gw/t Coda H 1710.36602. 30013. Carme9 MNMw Salwy W" is ed by MY popuYt M and May sMabllsh canes mambas' sWrfes compenaslbn and salary kovenes so by slab tau eacallt for Sea cal Corm rt A 15 ft 0 a dy fbrpaaa tlshrr6rrrewawrt ompsrrdbn edsiYb f by dly eketae. provides any typo of ooarperrstlon a Sa Cal OoVt Coda j 3881& Wacky paymwd ofwrae In auc7 membws providee any typo all oorrrpsrrsatl n or Oman dear& rtwnbws we ngwmd to p Wnwd of w9wass to oowM members, have two hour dethlos tahinp. Soo Cal. then an munrd monrbws o nqu, to Godt Cods R tr'3 w - 53238. two tm ho iv olla hb twirr816 Sa GL Gov't Code $ 83231- am La&bdn kdhwly Crdirwroas nN not bs pwwd wWn Ove May aMablish proadwes for 'iq bel dip of todudlan Wast "M urgency ordrrrwse. 6raphwv. Bd dPrbrc Mbdr, Me wwas. COL Gal Code! 30M. 205 CM. 4w (low. Ordinances may c* be pawed at a repisr nrs9n9 and mat M read In ful at Orr of odrodue0on and pomp MMO whsR aw reading gra ft mvw taadrrp b mwed. Cal Gov't Codon 36931. tRseduwm May addAm nia rspar II int May "MAW Macedonia for adopUnR F—mmadarlm I General LEE City I pbatkw CRY Proms and baccom Rmiph Brom Act Is app 1Ra61e. Cat Gmn Cads of Innes, less are applicable. sae Cat (salt Code; um at 8011.. Y p CS&M for wm pwmoar ooswed w9h Gauarnnmt Cade mqubwrw+b. May , 'a iphow adwo ehamiva poosduas for notanaK hbbq. berry aM K m #= Sae Cal. Galt Cods i 46000 at am. Melia A Ct mppkL CmL GoA coda E 3500. Carnot aWes wnpbl mea In reaidsrta of the ft but can negr6w OM b rNWs WWW a ruworuaDla wd s , '11 diMatlom dtheb place of wm pnwd Cat Corsa art. XI, 6 10(b). Aul"benlerbaosarrba-1 bcarryrw rsmm wy u ctkne, brokd q those ptpraaahr padad and Saw bostl by nsasaly. Sae Cat God Code f 371M Came* v. Cly of Missive, 733 COL App. 2d BBB (111115). liatph Bram Act is appibabla. CaL GUA Coda in St851, 54963(8). Codrctd bdered leas ars applic" Baa cat Gott coda g 87300 etsa11.. May provW mNbbs related to ddcs, wnaela, mnpe on ftwckv and bnearnpalbilly of dile.. May atabilsh standards, 9egudn0nmrsm, and praosdures, irdrdle0 owapwsdm terms and conA6ors deepbynrdfor pssonnN. Sm Cd. Const art X15, j 6(b). Procedum set fadh In MBP04AM"Mwn Act (Cal. GwR Coda! 360M apply, but nob, *r71rna la o cksr Qsibndbn bobvm lle eubelaooa of a public anpbys0 bbot bis mul tha pmesdn by wfdoh l b tasdred Thus two is no gueelion tllet's ON of beat empioym da eharbr ohf conatluls munlcpY aPW and wa nol ab)md to Swwd beim.' Volas for A ponswe, lgaata n@Wv. Board cf3upWV1 ars, 8 Ca1.41h 786, 781(19". Carred regube enlployaea be rw" - of the dty, but oan nglre th m b rslde wkhb a reason" and aperfc..inns dtw* plea of empbyr wd. tat Corot art Xl, section 10(b). Ful alho* to eonbact arristerR wtlu c war. Maybunk wane d b bindiu s tothe counybdrrdrgtatalmcllonn sommaw cokd n and arts of pr0pwty for rwr payment of bas and ■aeesssnar. Cal. WA Code fl513306 511334,51331k �. tfaawal Laav c" 1 Charier 04 _ 1 Publk Contub Carrpedt ve bkldkp raquied or prbio wake oonaada avr;8,0 am Cal Pub. Cont Cade i 20182 Such amomb must be ewr , 10 0r low" raapambla bWw. Pub. Cont Code 520182 If agrebas arbiect baf b womm comb cion aowwft prooadlrw, bob. proeaduna msy be ewhbblor oor&aab ba than $100.000. See CSL Pub. Cort Cade 11 22000.22002 Conhaeb for profwsbnaf ervim such as prMsb rdrhebraL landacaps achbadast. rginewft anda-to lW, land wrvoyft or cansbuolbn ff mpenfantlYrts rod not be a mveh7lvdy bio but mat be rr rdsd an bull of demarsbMd campMero and pvatssa mwt quslltraaorrt mewery fa the udef :wy Ianrrca daarrbaa CaL GwA Code 14MI- Payrrm of Pravaing In 0rreal, pavW ft vosom moat be paid on W"w pubtb vwU prajecb ower 81 AM. Cal. tab. Coda i 1771. HWM thraalrclds appy (916.000 or 17S OM Eft pole may ho adWad a *POW bbrcnaplrroe PmP� Sam Cat Lata Coda f 1771.0"0). Not mq*W b wm ly with bidit dWAw provded the d4 charier ar a dy ardkmm amnlft 0r ady from mach ebbrbe, rd the eWjeot kowof the bid cwwiAosa municipal dW. Pub, Cat Cads § 1100.7; site R d A Yonci rp Swvkio6 thm v. Cly of Los Angeles, 172 Cal. App. 9d 118!1(1088); Howard Comboo la trait V. O.A. AfecOonatd Comdr. Co.. 71 Cal App. 4th 38 (1998). F ftft 8y, WwW On have M been boundbyOft bwpwaf %4=p requils so bn0 as the project Is a uwnidpal alb*. orad not one#jdsd by arab afaderaf pranb. lrrl r, Q>d a/8an Dlapo. 122 Cal. App. 3d 348.348 (1901). Noway. thane b a 1pm band on tbs pat ofihe oaaM and to Lo isi bna b atrparr 'the s. arabsyofpravaipwan loahwW dd a under an amhrb the so= that the payrnrrt Of Prawarp wa0w Is • msasr of side Adeoonmm ThaCatt mk&pww Caud amray hes before erm a ars Ind VA provide ar ap =tA*y b dseida wh*w paw ing wage Is a mr &OW afar orwhNhr R has baeaw a nrakt of atalaaldeascem. Clowsolliddic Mwat Lout MY Chsoblr CNN a the ams Nelle Of wee and Haw Ow p� to tax. .rx a chador d0a. Sea CIL GWt 71005. Have bWadw ass Kew t pis than a genre low dty. a wal a WxMdM POW a n d tarty sed aaanmtta sutr)ed *MnrJad on a caa-0y Was Eesti• 71i tUWn 2% Cd. CwsL adMI C. Infpoiioe d woes and aaaMllorae subject CaL Const aR XIIIC, g dotrld lnrurenq Irtrkds: MA9NMWlmpowtwd 2, a dw W Wn Ad d 1911. Cal. 8b. May proeasd under a germ! aswnw+t a HWL Coda jj 22!300 Nap.. law, or onsetlad!waamadhmaw thee decttoprocssd uedsrt a load lawMurdalpdbrrpraateMAdof1913. See JW idSon 6(tOW Sty Ce. Sb. a tfo. cods j§ Ob94 157 CAL !0000 stop.. arerd Bond Act d 1915. Cd. ImpStL WMm urJm lknikod by stole or 11 IN candUo or dly chador. Sw Cal. Cone. 8b BHtOh Codaij�ODNas0.• & . WLXI.$5. Ladsolpig and L ghft Act at Cal Bt. a Hpn code S roe ltarrtsrtaS does 2ti0D N ae9•• 225 ncPt w Wlia.mrr CaL CwM art XRll1 w Cdr? = Goranswd code action 03725 Be eRA.assmsnl Ad d 1992 See C*n v. CRYWfONdard. 223 Col. App. 3d 261(1990j; Fbtderv. CRY dfLOI CaL WA Code;S 54703 N W. Anes" 14 Cal. App. 4th 137 (1963). MY Impda trueness bona tyros for . mWAjWY pffpcoss, rswusWs'osw 10 t" w impose red p RF 4; CoL So Cd. Comet wL XJK O A Code; 53MEt bidass aulhwblo hpax dmxnawry banter was ander wetill n daemstorcm CIL Rxv. aTac coda; 11911(x). (e} !bests a 9fd.arolb Stds ha p a- 0rod arch field Wtbd&T=ftl preempted ant! a AaW d ba11tW : oabol Cal. Vet. Coda! 21. Vah. Codi S 21. ouraummlatla Gowd Leal cwj Cbsebr CRY Pubb uwmnrrmw*m May eatabbh, p sdmm , ad opwaY F&W may etsb9tk pwdln% ad opwds PuNC woks to Knish As Ydabi w1h deebie waft to tunith Is WnbVmft VAth aMebie power. See ca Cont mL)CI, f 900 Cal. power. sae Cat Canty. wL A i 9(q; Cot WA Coda f 39732 Cd. Pub. W. Coda § Aparbmd Anh w. Cif oislooldon, $C CmL 10002, APP, 4th 699 CAM. Mmy Sunt fsneltus to paras or May ub&W comwUlm nd ropuptions on C0lpafallon snkYly b haitil tyle, waftr. the granft of 1 11a -i to un cky mbmeb pww. how, Wmapohtbn or to pesos or mipoetbn nmldn9 b tardth ca unw cordon swim in tacky b a9ow 9pht wider pow. hut. bwapatmton or two of cky shwa for much p opmo. TM oarenu*Ow mawim in is dly- puyt of ha clttma can bo dons tlaagh a hiddmpprocoa,underthe 0maphlmAct FindiYaAdo11937'anotoppicebbt Cal. Pub. Uli. Coda oltt)014w or dw* pwidec cai. Pub. Ui. Cada wWmAubMftpwcmwdwtw 6205. Funaltma Ad of 1937. Cd. Pub, Uhl. Cads �§ 6201-09ft2. 2ownp 2onmgordinayossmotbiocwmWentwlh Zonlnpaldkmmswapmte41, tabs 9enalal pion. CaL ciodt Cods {85860 aoiritsid v ti 9wsrd pion union the city tom adwbd a mnlaa¢y nqutwmt by dwtw or aldnrlos. Cal. G&A Code i 65809. Information from the nonpartisan California League of Cities: http -//www. cacities. orp/chartercities Foundational aspects of charter cities What is the Constitutional Framework for Charter Cities? Article XI, section 3(a) of the California Constitution authorizes the adoption of a city charter and provides such a charter has the force and effect of state law. Article XI. section 5(a), the "home rule" provision. affirmatively grants to charter cities supremacy over "municipal affairs." However. the California Constitution does not define the term "municipal affair." What are "Municipal Affairs?' The home rule provision of the California Constitution authorizes a charter city to exercise plenary authority over municipal affairs, free from any constraint imposed by the general law and subject only to constitutional limitations. See Cal. Const. art. XI § 5(a): Ex Parta Braun. 141 Cal. 204.209 (1903): Bishop v. City of San Jose. 1 Cal. 3d 56. 61 (1969); Comm. of Seven Thousand v. Super. Cf. (City of Irvine). 45 Cal.3d 491 (1988). How Do the Courts Distinguish Between Municipal and Statewide Concerns? Whether a given activity is a municipal affair over which a city has sovereignty. or a statewide concern, over which the legislature has authority, is a legal determination for the courts to resolve. Thus. the determination of whether a given activity is a municipal affair or statewide concern is done on a case-by-case basis. The Court's determination will depend on the particular facts and circumstances of each case. See In Re Hubbard. 62 Cal. 2d 119. 128 (1964). Keep in mind that the concept of "municipal affairs" is a fluid one that changes over time as local issues become statewide concerns. See Issac v. City of Los Angeles. 66 Cal. App. 4th 586 (1998). What Activities Have the Courts Classified As Municipal Affairs? There are some areas that the courts have consistently classified as municipal affairs. Examples include the following: • Municipal Election Matters. See Mackey v. Thiel. 262 Cal. App. 2d 362 (1968). • Procedures for Initiative. Referendum and Recall. See Laying 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.-//w> vw. cacities. org/chartercities • Financing Public Improvements. See City of Same I✓,omca v. Grubb. 245 Cal. App. 2a 718 (1996) • MaKmg Charitable Gifts of Public Funds for Pubic Purposes. See Cal. Const. art. XV'. § 6. 7evis v City and County of San Francisco 43 Cal 2d 190 (1954) • Term Limits for Counai Members. See Cay.-crey v City of P,edondo Beach. 15 Cal. App 41h 1212 (1993? but see Cal. Gov't Code § 36502(b) (regulating term IImtS). • Land Use and Zoning Decisions (with a few exceptions). See Brougher v. So. of Pub. Works. 205 Cal. 426 (1928). What Activities Have the Courts Classified as Statewide Concerns? The following have consistently been classified by the courts as matters of statewide concern • School Systems. Whisman v. San Francisco Unified Sch Dist 86 Cal App. 3d 782.789(1978) • Traffic and Vehicle Regulation. Cal. Veh. Code § 21 • Licensing of Members of a Trade or Profession City and County of San Francisco v. Boss 83 Cal. App. 2d 445 (1948). • Tort Claims Against a Governmental Entity Heibach v City of Long Beach. 50 Cal. App, 2d 242. 247 (1942). • Open and Public hteetings. Ralph M. Brown Act. Cal. Gov t Code §§ 54951. 54953(a) • Exercise of the Power of Eminent Domain Wilson v Seville. 47 Cal. 2d 852. 856 (1957) Information from the nonpartisan California League of Cities: http-/%vww cacities.org/chartercities What is a charter? A city charter is a unique documert that. in many ways. acts like a constitution `or 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 tie unique local conditions and needs of the community. A charter transfers the power to adopt legislation affec:irg 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 gereral 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 stale 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.l www. cacities.ora/chartercities What is In a charter? While a city chaner 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 dale 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 govemment: • 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 orQL Information from the nonpartisan California League of Cities: http.-I www. cacities. ory/chadercities 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 aftemative 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 h is ratified by a majority vote of the eity'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 verily 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. Govt 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. 4 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 wad 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. ora/chartercities special election should be held. then they must call for that special election within 14 days of the charter being filed. The special election must be set at least 95 days after the date from which the special election was called. See Cal. Gov't Code section 34457 In any case. the charter commission must send the charter to the voters within two years of the vote that formed the commission. Upon the expiration of the two-year time period. the commission is abolished. See Cal. Gov't Code section 34462 The alternative to electing a charter commission is to have the citys governing board develop and draft the charter An election to decide on the adoption of a charter maybe called by initiative or the city council. See Cal. Const. art. XI. § 3. On its own motion, the city's governing board may propose a charter and submit it to the voters for adoption. See Cal. 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, Govt 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. Govt 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. Govt Code section 34460. One copy of the approved charter shall be filed with the County Recorder's office and one shall be kept in the City's archive. See Cal. Gov't Code section 34480. 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. Govt Code section 34460. Information from the nonpartisan California League of Cities: htip/%vivw.cacities.orq/chartercities How to amend or repeal a charter if a citizens group or the utys governing body, wisres to amend or repeal a portion of the city's charter. the steps rerean largely the same as they are `or draftirg a charter. There are. however two notable exceptions First tie petition ca',ling for the repeal or amendment needs only ten percent of the electorates signatures. -Instead of the previous fifteen percent See Cal Elec. Code sections 9215 and 9255 The other notable difference nas 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 ' -s the casethe city's charter will govern the elections process used to appeal or amend the city's charter. instead of the general laws laid out in the Elections Code Information from the nonpartisan California League of Cities: http:IAv►vw. cacities. org/chartercities Charter Cities Adelanto Lemocre 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 I rvine Sacramento Irwindale Salinas King City San Bernardino Kingsburg San Diego Lancaster San Francisco La Quinta San Jose Information from the nonpartisan California League of Cities: http.-//wwty. cacities. org/charter cities San Leandro Signal Hili 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 May 28, 2024 Staff Report Attachment D September 26, 2023 Staff Report RosEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM. CITY MANAGER DATE: SEPTEMBER 26,=3 SUBJECT: DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY magma The City Council hes had dirmsiom telucd to asafioa a chuter for the City upon which the mWents could than vote on to approve or deny. As a pat of the discussion a commitke was established which included Mayor Ly and Co wftem6Q Atmmts. The Carmmn cmductd two nmeednp with the City Attorney and the City Cledr and reviewed and discomed chatter ptovidout a wall as the information provided by the League of Cities on the various items that dad ooeld be hicb in a new city dwtw. The Committee presented questions *d were looked iron by the City Anomay to allow ibriintherd9w�u ion as well. At the eandm ee of those meetings, it was determined Rho before taking Rollin Review tad coaddaadoa on the overall CbwW. therm were imams wbich the Committee warped to have a discundon with Rha fall Cotmcil OR to NO if they wooed to include certain psovisiom in Rha C WM dff - than who State law WwAlm, whets so solhorized. In addition. the Comminee wanted to slue with 6e Cmmdl its thougbis on other various subject manors and to beer from this Sill Cw nctl. Boamm To andat the Committee, it fnlbwed the League's dot an iters to conWer in a charter. The Council had bene pwvided a copy of this abet pteVW*. A now dart is attached to the staff report. This chat now indntMs an sdditioeel eoWnto whore there whore taponses provided to the committee basad m queabous adored. There is also iobrmaion On the Comudatea's position an an item. For example cid tbey want to defer a sues low an the topic and include provision to that effieet or no or iftbey wooed Hill Coag input on an item. The Cbert is susclied with the additional column of iubmufm as well as noting the mcdow the Committee warned to discuss in more detail which we highlighted as well as noted with These item include: AGENDA ITEM 7.D Cis camw M6014 seprmaer 26, 2023 P4p2of2 Ebxdom • Tam Limits • Camrsetiog Services (want to sea what consultant recommends) Powe to aaDe an office of City psosecMIN to praeecute misdemeanarc violetioru of state law As it elates to the timing of a potential election an the charter, the Election Coda has limitations on when sa imtistiva to brooms charter law chy can be considered by the voters. As confirmed by tba Canty Ela tions oaoa, Election Coda Section 1415 and MS, provide that a now cbwft proposal mptwre has to be vosed on at a statewide genaal election viNeb owns in November 2024 IU eutoff dale to submit the motto to the County is 88 days before election, which would be August 9,2M4. FrAff Thst the City Council disc= the Clutter and provide direction to Staff on any ext seeps it world MW to take. lb= is no fiscal impact associated with the recommendation of this report. This item ha bees noticed through the agula egends noti8abon process. 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(� 7 El j ,2a;|§a ;EE ,. o $ ° :\E2 k{�\ § \ �e \k) 0> cn \ �O�-a §!!Ef t «|o, §I| � (� /�\} j ,2a;|§a �e \k) 0> cn \ s | § . a�a lil �@I � |� a � ■ a� |■ x �� � § s | § §�$ it2. | J��® l / RIB Hill 2a$ $ | k! $D00 &ma ;\«Z o §!F!B `|!ltfk��) B�f*» �'l���) ■e�®#\!� �& lkk7! k\■!f7!!)q . q§ 0m #7j\ ■ May 28, 2024 Staff Report Attachment E October 10, 2023 Staff Report ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CI TY 1ANAGER 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 Stats' on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Ericka Hernandez, City Clerk Attachment A: Committee Updated Chart with Comments Attachment B: City Council Staff Report Dated September 26,'_023 AGENDA ITEM 7.A October 10, 2023 Staff Report Attachment A Committee Updated Chart with Comments Z� ■ u p j k U u £ § 0 Q § M k 0 ( J 0 E0 !f E ; § _- `e■, )!§k k Q ;�/ ccM 2 k !)c 2EEc o 4, V RQM ,,! 0- !�a , ■■ i�;) k�§% Elks co )\ik }�k� \0kkt , t _ Ra 0 \) __{0!) §- . /ki/ \\/\ k0 M §� \7k/� �k �k t af �` � ■�, \ \AA o §§2 A$ ° +} `ESA§ )/\ k0 $ . !s . ! 0 22,E .!� 2�e� co $k!|§!±*`0\k }» i]0 <- :¥ek»•�-=,k'L0 § & E!/ !g;||$k\)\(` 2 ; )k ;I:§#!#ifeA;- � o �, 2�;,22�:�.� !®! c �.E`l7Eat {G�\K)!22( !§ 0�4��.;:0� 02 0�)Mkk#§(I§\30 �k amt %§ 22 /k)� E� ƒ0 1 2G2k �00 �7\ - f!=! 2- t2 12LIJ !\\ / kSl�/j0t ��l� u ) !\\ m |! a -��aLLJD 0 \\/;# | 0 �))k /$k §$E� }�{/ zai0 }x DO MCI! \a! � M= u90 J{E / k 7f " / \ . �- _. , f§ :Mo \o�2 o{ §(02 )m0 ki k 0 �21afi I§ !t;§ A2a 92 �00 - - t2 12LIJ !\\ / kSl�/j0t ��l� u t; m �0 -��aLLJD 0 \\/;# }�{/ zai0 }x J{E " / \ . �- _. , f§ :Mo \o�2 . ! 2o fa ,k/{§�`� 92 ) \)7 2k! aNR-= § 33 1J§ \{2 )( !2'Ef,|, «2§!!!0_a�, . ,e =,«a■�`:,@` ±og 22 , X2'6- a�°§■�(kE�{)�! *#IP=4.a !%3 �2§ �00 t2 12LIJ � T U N W p T � O V p uO y C -ME - L L L M V JU Cc X04Ui O C N U— H C C.. 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FROM BEN KIM, CITY MANAGER f-A- DATE- SEPTEMBER 26.2023 SUgjWl% DISCUSSION ON ESTABLISMG A CHARIER ICOR THE CITY Sao= The City Council has had disawims related to a cbmter for the City upon which the rcidats mold then vole an to approve or day. As it pert of do discussion a committee was eimiWidW which Waded Mayor Ly mad Camalnumba Armmta The Cammiaer wmdated two matings with tic City Attom y god the City Clerk and nviewad and discussed charter pwisims ss wen a the ichnnticn provided by the Lague of Citic On the varus item that could be included in a maw city rhsrta. The Committee pesented question that were looked into by the City Attm" to allow fa ftnthetduarnim ere well. At the coodusion of those matings, it was dela mined that before taking flather review' Rod conidmcion on the overall Chadw,em them were items which the Committer waatedm haveeaa diaattson with the bill Connell on to on if day wanted to Wanda cauio provision Chow differmd timet what Stare kw povides, when so aothoriaed. In addition, the Common wanted to sham whh the Council its thoughts on other micas N*d muses and to lass Som the fel► Co mdL insCUMON To assist the Cammrittoe, it folioaad the League's chart on item to consider in a charter. The Coomeii had bee provided a copy of this chRrt peviorrly. A new drat is attached to the doff reptat This chart mow includes in additional cohtmn where than whore tespomm provided to da Comonittea based an questions asked Thee is also inarmsdDR on the Committee's position on n item. Far example did they wont to defy to atm law an the topic and include pmvisim to dim eEhct or mut or ifthey wanted lWl Cawdl impar on in item. The Chat is attached with the sddidonl column of informdim u well as noting the soctiom the Committee wetted to discuss in lore detul which are hi0hg6tmd tl well as noted with Thee items include: AGENDA ITEM 7.D CRY cmm it MWft SWunber 26, 202.1 Pte• e2of2 • E lmti s • Tam Limits • Contracting Sa-Am (want to we what twmobbm rwousumb) • Power m Mate On 09doe of city pota:ator b paemte miadoneamr vioLaau of acre law As it rdata to the timing of a potential etaaim On the dlaner, the Flection Code bat limisdont on when an inititava to beam= choler law city Ma be co=il=ed by the voUm As emformed by the Cotmty Elactiona o@ice, f "jops Code Salim 1415 rd 9255, povie that a naw OMM popod mature bas to be voetd m at a oa arvida Swazi lection which omwrs in November 1024. The cutoff date to submit the nutter to the County Is U days before declim, whiab would be Angmt 9.2024. ffrA F BECUMMR &T -M That the City Cu=H &mm the C'hater and provide dkemon to Staff m my next steps d would like m tdm. Tbme is m S=eal impact am daoed with the reotmmmdama ofd ds mPmL TWs it® ha been aoamed tbtougb do Mdw agenda nott5eadon ptoxas. Ptepred by: Racj .Lslt hd,m ft Ra" Rilmsm, City Attomay Auw m ee. Comminee Updated Chort with Commanb May 28, 2024 Staff Report Attachment F March 26, 2024 Staff Report ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RACHEL RICH`IXN. CITY ATTOILNEY1%PL4 DATE: MARCI126.2024 SUBJECT: DISCUSSION AND DIRECTION ON DRAFT CITY CHARTER LANGUAGE %ajM_ARY The City Council has been discussing the consideration of placing a City charter on the ballot in November 2024. Baud on prior discussions with the Council committee on the Charter and Council Member comments at prior Council meetings. the City Anomey 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 Charier election to the County by August 9, 2024. STAFF RECOMMENDATION That the City Council take the following action: 1. Discuss the draft City charter. 2. Provide any direction on the draft City charter language: or 3. Take such additional. related. action that may be desirable. DISCUSSION A charter acts as a constitution for a city. Article XI, section 3tal of the Califomia Constitution grants cities' voters the ability to adopt a charter. The City Council may adopt a charter. but to go into effect it must be approved by the City's voters. On January 24. 2023. then Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the City s potential conversion to a charter city. The City Council continued the discussion to its Februan14. 2023. meeting at which it established a charter committee consisting of Mayor Ly and Councilmember Armenta. The Committee conducted tvvo 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 coaell Mewing Muse 26.2M Pop2d4 provisions as well M infmms6on provided by the Leagne of Calffomia Citta on the various items that ooadd be included it, anew City chats. The cbww comminac abated its observatieos v ftit the City Comdl at its September 26, 2023 meeting and the C mac it discussed vvhetha it wemad to adopt a city dtater and the tensa of soy charter. The City Cou m:U's discussion of die popowd dancer hued to its October 10, 2023 meeting- Before tlia City Coma now is a dre of City chats based on the two taommmded by the city Council. pubfic HvmW Repbomm roAdupaCity Chance Beim MAWnitting die proPased da rtar to the voters, the City Council must hold at least two pyyhc heuringa on the chanter as required by Ciovemaaaat Code Section 34458. Notice of throe herrings must be published in a eommuv* newspaper and in tlaee public Pkea AJOUL l ere•�� days --fare each !byte bmtrbg The second public having must be at last 30 days aft the am public herring At lean one of the public borings must be a special meeting held outside of nemod business haus to fra7itaoe public participation. Ager holding the two public meetisge, the City Comma mist that adopt a motiem submitting the the :aoodpubic baring befaeW& The city CmamiL adopting this motion. however, must wait 21 days after Taws mating and tine Apel 9, 2024 mewing aronot public hmm" as provided sbov4 as on for dw Comma to discuss the Cbnrw, and 6= voW M be tim to WfiW for dsythmeI they oemt towemi� the Rty a two hearings m pbvd under Ciove�mmeuttCCode Section 34458. At the April 9's haring, staff would need to dao obtain dkoctim from the Council on data for the Com all s two mgcired public barmgs. As confirmed by the County Elections office, the ovteff deur to submit the proposed charter to the Courcy Clack to get on the ballot far the November 2024 stnewide gowd decdm is U days before the elation, wbwh would be t 9, UK Tbeoretieally, the !scot tbe City =M post notice of the fit public hearing on the proposed ehater and so wbmit the chutes to the County Cleric Is lifix 23. 2M To bold two public borings. 30 days apart broom submitting the massme to the County, the Mowing dams ate being popoxd. • publication of firatNotiee of ItPublic Heatiurg is May (, 2424. in the atwWa. • The fast public bearing meeting on be scheduled for 1by 28.2424 (21 days after Notim of Public Homing publication of May 6,202A)- • Pubicatim of aeo®d Notice of a Public Hearing is June 6, 2024. in the newspaper. • The wooed Public Ho tug Meeting can be befd after hate 271h (30 days nibs the fiat public lamdg meeting ofMay 28, 2024} citycmaw mesdna te"26.z024 Pace 3 of If the City Coumil holda a special meeting oa lltaday, July 2, 2024, the City Council could vote to submit the proposed measure to rotas at the July 23, 2024 City Council meeting (21 days alta the accord public hearing Meeting is bald pa Gov. Code 34458). After approval by the City Council of the prfl; oaod maisun; the City Clair will Submit the proposed mature umd raohdions calling far a special tion by August 9, 2024 (88 days he4me the November 5, 2024, Statewide Germ) EkeQou). Tans oJPropmed Charta Undo the proposed charter, the City would retain its council-manager font of govemmatt and the nmhw. eligi6IIity. sbM and dwuon of Coundlmembaa would not change. The table below higher some ofthe lmy Mmunces between the proposed chow and the City's ctment read law oily ststm. lttl8eot:Mlpsr ewlanatlMOV lleaatssae Cods PrspessdCheraw Term limits May WvAds for term Notamli its Term Umss would be Umlts. Cal. Const. Sat. Imposed ester flue XI, s 5(b): Cal Govt consecutive torr -year Code Section 38602 terms (tither by electbn (b) or appointment). Partial terms would count as full terms. would only apply prospegALft PrseecAngAutltorily City only hes ttta FOUOMShteteW Would giro the City Mataft to oft" Its autttottty w establish municipal aids unless office Off Cihr Prosecutor It reCd"s consent with authority to from County District prosecute City Anomsy ordinances and certain Stats rnisdemstrwre Economic City has itemised WA Powe to UNN Development auvx dry to support revenues from the economic general fund to dereiopmem projects ancouraW support and M"'An the pry promote economic demsmalopment PutchesMtg and Cilias must follow Mm101pal Code Mbttld on Council Contracts Starts, law on Chepta s 3.24 authority to adopt own oompatimrsDiming (Purchasing purchasing and System tot Non- contracting procedures PON Walt t)yordlnence Contracts) and city Cow Moft 14"26.2m nqp4of4 -- Theta ism fiscal impact associated with the moo mmmdatica of" report RNVMRONNMMALANALYSE This agmda item does not eoaditift a pwjcct mular the California Enviwmmewd Quality Act ("C6QA" ), and it an be seen with c=W* to it will have no impact an the eavis oma. As snob, this mrala is exempt >mda CEQA. This item has ban noticed through the regular agenda noafiestion process. prepKedlby- at rLtc./ ~1 Ro" RwhMW City AUxW 1. Draft City Garter 2. September 26.2023 Staff Report (Disemsim on Elablir" a Charter for the City) 3. October 10, 2023 Staff Report (Cmtimmil Mumsion on Eanblisliag a Charter for the City) &n (Pubuc Project Bldding Procedures) follow State requirements for when format and Utornwt Purchaatng Procadures are permitted Pre breva for Must follow No preference for Would On Council Veterans CWMDC&d Veterans or authoft to adopt procedures. Public d ubted veterans ordinance to on Cortror, tlng Code vet mm and disabled permits titles to grant Veterans a c mdk of pretwences to mWidonsl points M disabled vateram, but awarding conUwM and rmvateam other provisions permitted under law Theta ism fiscal impact associated with the moo mmmdatica of" report RNVMRONNMMALANALYSE This agmda item does not eoaditift a pwjcct mular the California Enviwmmewd Quality Act ("C6QA" ), and it an be seen with c=W* to it will have no impact an the eavis oma. As snob, this mrala is exempt >mda CEQA. This item has ban noticed through the regular agenda noafiestion process. prepKedlby- at rLtc./ ~1 Ro" RwhMW City AUxW 1. Draft City Garter 2. September 26.2023 Staff Report (Disemsim on Elablir" a Charter for the City) 3. October 10, 2023 Staff Report (Cmtimmil Mumsion on Eanblisliag a Charter for the City) March 26, 2024 Staff Report Attachment A Draft City Charter CITY OF ROSEMEAD CITY CHARTER PRBAMBLE We, the people of Roaemad matt this Chaeta to preserve sod enhance the economic and social quality of life in am community. Resolutely communed to the boWt W local government hes the aloeaet ainnity to the people governed, and firm h1 the conviction that the ecam mak and face] iodep ndmaeofomiocalgovemtnmcwillptomotelbebeslth,saietymdvmUm eofalthsdtimns of this City. We do hereby exerts the eapras right granted by the Com "on of the Sete of Califhmiato enact and adopt this CheterRrdw CityofRowmeadand to ensure thatatlmanicipal of fidrs thamay be controlled by the City as a local enntrol shall be. ARTICLE 1 GOMNANCE Secure 1.L laasperatim and Smemka The City shall eoatimue to be a mumic9pd corporation lowwn as the (Sty of Roaenuead. The boundaries ofthe City of Rosemead shall oonainoe as renew established email changed in the manner authorized by haw. The City diall srmeat vested with and shall continue to om have, possess, control and enjoy all property right and tights of action of every mane and descriptim owned, lad, pmuasad, controlled, or enpeyW by it at the time thea Charter takes effect, and is hasty declared to be Ste aamesaar of seems. It shall be subject to A debts, obligations and Uebihides, Anchatdaagamathe Cityatthe timcthisCheraartakmefLxt.AMlawfulordinanomr eoledom, mks and rgpbbom, or pardons &u*A in force at the time this Charter takes affect and not in ooaflict wl& or loconaisomt he esrik we hereby continued in face umnl the same lave been dely repealed. mended. dm*ed or mVmeded by proper aalhoray, saetion 12. Commelt mmW Fars dGeveramtut The municipal govemmeat es0ebHdwd by this Chaster shell be ]mown as the 'Camol4dame r" fc® Ofgovasamml. S"m U. Govandog Body The City d all be governed by a City Council composed offive Commit M®bas. The adaption of this Charter shell not in may way doer the eu mmt teras ofsitting Council Members or the dote of dectioos for ab'tbooca Seedami U. CHV Commit &&rim Couacrl blembers shall remeive c OMPeOM n for their services to accordance with the Fovhs m off Slate law. 4M74W4as:.3 seetim IS. EGgiho w for City Comers only pu ms meeaog the regoiraamb set facth in the general laws of the State of California shill be digtft to nm for City COUDdL sediica L6 Ekdim for City CatncA MMAMM All eteaioa shall beheld in accordance with the provisioner of the California Elections Code gig dections. section 1.7. Cmmeil Vaceado lye daermhntion a to wham a Council Member has vacated their Council seat and the process for Ming such vacancy AND be as set fmdt in rte C.difamla Government Code. Section I.S. Tam L®b The purpose of this section a to cow more competitive elections by ensuring that periodically the advaragm of mw cheacy of a City Comidl Member will yield to m meed eidaa paimpstim m scdchtg dccm 0film No perm shall be a cum idaw for election to the office of City Cmndl Mamber aft having saved a a City Comm Member for live omsecadve fm -year tams, either by dedim or appoint =L This secdon shall apply pvspativ* emly, and neither the courant tam as of the effwfiw date of this Charter, nor any prior terms, ofsittiag Comreil Members shall be counted as cm of ew five mmswu&e tom leer tams described beam. Any person who. aha by OF dedm. Sava a partial tam of office as a member of the City Cotmal shall be deemed, fes the purpose of this wcdem, to have saved a full foaryar trent. Any membcrofdw City Comets who ran= or is removed fiom office during a tem shall be deemed to have saved a fall tam. ARTICLE 2 MUMCIPALAIFFAIIRs Secdom LL Moieipd The City Cam 3l may adopt and enface all ordiomcm and t mw. ndw and regulations m reapact to mumrrapd awn, subjed only to rahicdom tad limitotim provided in this CbmtM the United SWU and Cobfomia Conat msi ms and.apphcWb* laws and decimoa of costs wits► eon4 mtemtjtmadkdom. Vfihttireaparxto mymmi*daffi tnac gr=Wy od&vsmdintbis CbxrW. nOW smch tenawpal wn& is eaptewly addressed is this Charter, or until the City legislate over such ra mido affidrbythe adop&nofanordiimoe(s). the general lama of the State of California shall govtm atawtwnrv3 Secdoa 2.2. Powen of the City This Chy shell hove all powers that a City can bave under the Constiddim sad lav<s of the State of CaHfomia as Selly sod completely m dw*hthey was specifically eoumma0ed m this Charter: The enmatendon in this Chester of any yorde lar power; deny or ptocedme shell not be bt 1d to be exclusive of, or any Hmi mbm or reshrcom upon, this geaaal grant of power. The City sbell have the power to maim and eniotce all laws and MPMM in respect to nranicipal affiio, subject only to such restriction and Hmhdicos a may be provided in this Chester and in the C =dkibm of the State of Calif da The City stall also have the power to erxrdse, or act pnsmout to any and all righta, powers, prinlega or procedures, bmvkdwe, or bersRer es ed, gamtcd or pmmbed by any law of the State, by this Chutes, or by odwr lavlhl authority, or which a municipal corparatim might cc could eumiae, or act pumund to, under the CcMdtation of the State of Califooeia The emammemon in this Charter of wry particular power shall not be bald to be cohnnve of, or any Hmitatim opoa, the generality of the Sregoing povisiom. This Chaster shall be Dually combued to vat the City with all legal m4bority end powers necemmy to protect the he" aft and general wdhm of all ofthe eldaeos of%e City. No prom, firm or corporation sball aver emeroise cry franchise, hccnso, Permit, e+s=cM privilege or other use, mmgt in so for asbe or it may be eatkW to do so by directamhority ofidw ConstihmOn ofdm State of Califomk orofths Canduaicn or laws ofthe United Shies, in, upon, over, under at along any meet, highway or other P&M place in the City urbla they shall have &a obhioed a grant 11 in aocadium vft the p oviacns of this Chatnt Frmdtises shall be granted by the City Council only in file dme and mummer, and for such porposea, a may be peaoribed or au&wiad by the ceodhuDon or by applicable taws of this state. The City may exareise all or my of the powers herein act forth singly or jointly with other pditic agencies in the mermen provided by smead law. Secom23.lamprlses The City shall have the power to awv in any enterprise deemed necessary to p revmua fort a genaol Smd or any other Send eshbHdW by the My Covadl to promote apuWc ptapose. section 2.4. Eeomomie Demlopmst The City shell encom iM mappoit, and promote economic development and eocuummity development in the City. The City sbeH have the pourer to inilime revecocs Ecom ft general had so arieevege, appat and promote etc developmmt. The My mry mkrW a economic development wwatm for the pmtposs of pcoumdug the general hemM and welftae of the inbabitmts of &a City, job creadm, imptavirg medrot urea and affmdeble hmiing Options, improving dall and commercial options, mWmvb* dining, amact a anent and reaeatiom options, and impmvmg the City's tam base thereby fiat oft fbe City's abilu' y to erhaoce and Provide muoicipel services to its msidcom The mouotaio dtsvalopment nuvities aWboriaedby this section KC municipal affirms 4rW74104MV3 Sedion 2.& offioea and Employees The City Council may, by ordinance, establish a mail system for City eauployees Suc]t system, may include provisions for the method of the selection of emPloyoes, the elassificetioo, Advancement. ,discharge, teondnadoni of such employees, and the comolid don and chinuation of positions The said merit systema shall apply as to each office Of Position of employe mt withtbe City. except. A. Elective and appoindve offices; B. ps¢t time os umpoeey offiars and employees; and G Members of boards and commissions. Sadt sysam may be antams ed or aoeaded, by aeiinam of the City Council, from funs to time, a may be rexpamd in the &suction of the City Connell in the public idaast. Seedon 2A. City Prosecutor The City shalt have the authority to establish an office of City Pionecluot Such estd ishmem Will be by adopdon of osdmsam and resolWiona wbiah disk the City Attorney er another QaeliHed attootey, to p ovo aw on bcWf of the people any or all aimhw cases adtatg fium violdion offbe provisions ofthia Glume City ordinaea and roach snare misdwww rs a the City has the power to paotxoude, MIM othawisc provided by the City Couun7. &din 2.7. Fina, !amities and Coat Aceavvy The City ahail have the power w matt otdinences pwvidmg fix different Penal= for vi hbons ofitsmdinaooa,and(otlbig ChNIMand toptawibainsuch mdiamas.fmfatume peadtiesand ponWiew ata for the violation thereof, wfiich punishment shall be by flue or hWisoamunt, or by bo& An and impcisot>monL Seodaa 2A Genaal Law Pawwa Nod clog in ibis Charter shall be comnued to provmt or restrict the City from axKddDg asY and AV tights, powers and privileges haedofwe or hereafter grated or prescribed by rhe goad law of the State of C&%cnbL All genual law powers of cities in Cdi%rda are hereby declared to be poaased by the City. In the eveaa of any eon9id between; the provimooa of this Clasen and the provisions of the grand laws of Cha State of Cdifbrda, the peovisioffi of titin Chutta shall control ARML3 3 Final lldatlen Seedoa 3.L Pardtaft and Coaitratts The City Council may, by adiaaDoe, adopt pmchesing and contracting 1 uxes% tbo lds said mgmremem within its municipal d wvs mdbm tY- Seedaa 3.t prefewnee ter Veleraos The City Comcil may. by ordinance, adopt pnrchesing and coutacti, procedures, which give to vetaaUn and disabled vemens a credit of additional poims, Fdg— race or increased Wading is tin detergoingfion of awards of contracts. Docomemary proof of ehVUhry for 1ktaans Pnfere= Credit and exemption fiem the eligilbility ftitstion Hunt be submitted prior 10 approval of the City. In the case of a tie grade between a verman and non-veterae, ew vow= shel be taoW bigbest. Seeder 3.. Radaetleaa Prold biled Rcvemm raised and collected by the City sball not be subject to subtraction, retention, airachmem, withdrawal or my other form of involuntary redaction by any other level of government Section 3A Msadstra LINAW No person, whew elected or appowtK acting on behalf of the City stall be required to pafotm any fimetion wbich ismaodekdby any etherlevel of gova®mL unless sod Until funds s9590M far the paimmars o of such fraction are provided by said mmdating amhwily 4.1 Aunt This Cbarter end any of its provbicm may be smendad by a mtyority vote of the a cam voting onfhcgoestien& Amendment reviaionortepaal=Wbepmposedby veabytbel 8 body - ARTICLES Un ERPRZTAnON Sediaa S.L Ccaulrwdis s and b"VrefaWa The lmgaage wutaiaed in this Clamor is intended to be pave rather than exclusive or and sMU be liberally end breathy construed in favor of the act Kdw by the (Sty of its powarto govemwidtrespeetto any metlecvMchis amiaridpsl affiit S "m &Z SwwabWW if nay provision of this Chatter should be held by a teat of competent Jurisdiction to be invalid, void or otht mw unenforemble, the rig proviacon sheat rcnvm eaioroeabk to the fullest extent pa niad by law. atowMMO March 26, 2024 Staff Report Attachment B City Council Staff Report Dated September 26, 2023 ROSEWAD CITY COUNCIL STAFF REPORT M. HONORABLE MAYOR AND CITY COUNM FROM: BEN Imo. CrrY MANACM DATE SEn 26.2023 D" SURWft DISCUSSIONONUrA> IMMACHARTERFORTHRCITY Mumma The City C000cil bas had dimmajow trialed to 8 a teeter for the City spm vrbioh the teaideeaa Could teen voted Meyer yer r L e "~ UM tndeedad or Comocilnnotm bor Aeota The COMMON caedueeed tvrs aeedop %rim gr Chy Atlomey end do City Oledc and revieoed and discneed loner providooe as vett ae do io6condaa Provided by the Impee of (Ede an the veriaa beeea that could be iocLded In a noir dq ewer. The C nwiuoe peeetteei 4nstiooe that woe looked b o by toChy Attumey to ulbw fortla-1 dhaoaionm wa Ai do cmebeim of lbm moodo , itvac ddeemised that before t rmdeer wr;cw and comidemdm on to w4caR Cbm%4 than WIND items w bkh dee Cooeemt ft weand b have a diemaioa wbh tea fall DDa m to see if deep wemaed i o ' 3 4 Certain pn I'm in the Choler dWiscut digs what Note law povede. where so wdwdmd. In add"dee Caenoitae vrasbd b &w wadw Cnoo& ib 1i Sl m otea veaioea subject =o= sod to hoer Rom 69 CmmaiL To slot des Cons obw it AeAoeead the Leapa's chat m bores to eosaidw is a Charter. The: Camel had bem pwided a Copy of Me ehatt paxboob. A now eb m is 001fild b dw Off rep xL lbit deet how indndes w additcaeel Coh® wbem 6sa Whw eerpome Provided to tea Wmnleen bred on gnaaiors utsd. Thea is abs iafoemation as the Camaims's Frim an an teem. Fog coneog rid they vest so deft 10 safe low an die topic sod iashhde ptOWden to deetdebetarrotoriftheywaffedtAC UMBIspatonserbm The OMis sue; d wibft sddtionel mYm ofinb�on a WIB s nodopt6e sauoon the Cert 000 waotedto dram inmae detdl Which am hioiipbad a wdl as noted Witt"O". Those iam htehedc AGZrMrrSM7M 26` 2W 2d2 • Plediom • Tam Lain Cmdndat Saviees (ween ose what aoaaepmt vtoladam of soft • Power to moue n arae of my psoaeotao¢ P leer As it mkf to the dmbg of a pol mid deedaa an tie dwW, the 1'.i«dm Code by limibdM oa when m b bMdn to bmm dww law dq an ba comidaad by the vmm As cod mRW by ��, F.Isctiom otBeq amcd m Cada 9aodm 1415 and 9255. provide shot a now obotar poopMl meatus bm n be vobd mot a Mewide good dK im which Omm is Nommbw 2M The cnm8 date to mbmit the oMttte to the Cotmty is U days befaa elxdo4 wwDh would be Ao foot 9. MC Ttrt tae City Ctuml dimaea tbs (bats and poovida &vdwa to Study as any amts Mop it weuidhltetpu&L 'I'heesbeao �yyap�iopedwiththeisoommmdat�dthlsttpat• '1'hb 1t:m hu bseaaotiosd daaufhtheiai>aYe+lr�nou6csdoo peOO°m Pup-odbr. Rachel11', aa. 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CITY MANAGER DATE: OCTOBER 10, 2023 SUBJECT. CONTINUED DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY SUMMARY At the September 26, 2023, Ciry Council meeting, the City Council continued the item for fitrrber discussion of establisbing 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 Be 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.: Faicka Hernandez, City Clerk Attachment A: Committee Updated Chart with Comments Attachment B: City Council Staff Report Dated September 26, 2023 AGENDA ITEM 7.A � | � E § ,f !!, � �■ § a� 2 � baa■ ! �-'� � 0 gal @ !�- ©! ,ji !ft■� �s& #»■�! 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CITY ATTORNEY DATE: MARCH 26.2024 SUBJECT: DISCUSSION AND DIRECTION ON DRAFT CITY CHARTER LANGUAGE SUMMARY The City Council has been discussing the consideration of placing a 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 31a1 of the California Constitution grants cities- Voters the ability to adopt a charter. The City Council may adopt a charier. 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 Cit. Council discuss forming a subcommittee to evaluate the City's potential conversion to a charter cit. The Cit' 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 CitAttorney 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 MY Comrdl M.•ues March 26.2044 Per 2•f4 providimas well as infasmtion pwvided by the League of California Cities on the various items the =M be included is a new City dad r. lbs charter committee shared its obsevrtfo ns with the Cary Coma at its September 26. 2M3 moliag and the Council &W=vd whether it wanted to adopt it city draw and the terms of any rhvter. The City Council's dismdOn of the pmposod 0bMW Continued w its October 10, 2073 meeting. Before the City Coumil now is a drag of City cberta based an the terms recommended by the City Council. PubdeXemingRegmmmaW to Adopt a Cfry awter Rdbre sobmittiog the proposed dwta to the vmM the City Cormeil moat hold at 1mat two public hearings on the charter as required by Ciovemment Code Section 34458. Notice of these hemmp must be published is a mmoamity newspaper and in threc public pluses xt lead 21 mkoda dsas bates each nub& beartaer The mood public bearing taunt be at haat 30 days ager the first public henries At least one of to public harioga mum be a special meeting held outside of normal b0awm home to faalitwe pdAm puUmpasion. Ager bolting the two pablk meetings, the City Council must fbm adopt a motion submitting rho proposed thwlor to rho Clay's votms. The City Coum il, however, must wait 21 days ager the neon nd public hashes before adopth3s this motion. Tonight's meeting nod the April 9, 2024 medics we not public hearings ms pwvided above, as tbey are for the Comcil to diwm the Charter, mead dues world not be time to notice for April 9, therefore they caumoa 00011 towmda due City's two hVIVbW mquaed under Government Code See ion34458. At the April 9s hewing, staff would need to also obtain direction from the Council on dates for the CmmdPs two required public ha age. As confirmed by dee County Elections office, the cutoff date to vAmk the proposed charter to the County Go& to get on the ballot for the November 2024 msowide gmanl election is U days before the elation, which would be 7bemedcally, do laseaa tba City eodd pot notice of the fiM pdAe heating on the gopaed theta and shill submit the dmm to 1130 County Cledr is May 2g.2�Z4. To hold two public hamina, 30 days spat before submitting the measme to the County, the following deer ase being proposed • Publication of fiat Notice of aPablic Hearing is May 6.2024, in the newspaper. • The that public baring meeting cmm be sd mUed for May 29.2024 (21 days ager Notice of Public Hearing pu6Lcation of May 6, 2024). • Publicssion of second Notice of a Public Honing is June 6, 2024, in the newspapa. • The mecood Public Hewing Maung can be held age hue 271h (30 days ager the Srst public heating meeting of May 29.2024)• caycoin alms Meeh 26.2M4 Papa ef4 - If Ore City Cormcd holds a apaW meeting on Tuesday. July 2, 2024, the City Council could vote to submit ft proposed meanaa to voters at the July 23, 2024 City Council meeting (21 dqs aftw the award public hewh* mating is held per Gov. Code 34458). Aber approval by the City Cmc of the proposed measure, the City Clerk VkM ohmic the proposed measure and malubm colhng for a special election. by August 9. 2024 (88 days before the November 5,2M4, Sletewide GOMW Election). Term of Propowd Chww Under the proposed charter, the City would retain its co ncH-menager form of government and the number, elig%,Hty, whries, and election of Comdlmembers would act chmoge. The table below highlights ane of the hey diffamoas between the proposed charter sad the City's coccal god law city a1 tMatMr offiewd evrtfq lloMMUM PlopsMdcbmw t midpoicsde Tarn! arum May pnNM for term No term Umhe Term Limits wait! be UmUs. Cal. Const. an. Imposed after five A a 5(b): Cal GOA consecutive Tota -year Coda !lection 3SOM terms W Mer by election (b) or appoirmbnem Pwtloi tams woWd count se fall terms. Would only ftDsaWM+ mftrity City only ha to Potiosrs Stets Law Would give the City outboritytooft osIts authorlhr to eatabtkh municlpel coda unless orflee of Cky Pmaecltor It reoshra consent wnh euutodty to from County Clhbict pmsscae City Attorney otdkmuwm arta certain Stake rmbdenmeattors Economo City has kftd WA Power to utWra Development m0wity to support neNarwas fMM the economic generd Tura! M dralopment PrOJIM encmmaago. support am wtthln the City promote economk development Purchasing and Chive mwet fellow Municipal Code WbuLd ghee Ceunell Coursers lecke low on Ctmwws 3.24 authority to adopt mel compo ldwati on8 (Puxelrsine purchasing and System fox Non- contracting procedures PLMC Works byordinance Courtracts and city comma Werdaa M" 26.2124 Pis t4of4 lbac is no fiecxl impact associated with the rommmmdatim of this report. 7Us agenda item does not oms&Ae a p cpa uoda the California Envitoomeotal Qoabv Act (*MQA-1 and it can be sem with oertsmty that it will have no impact an the eavhowmant As m %thismom r is eaemptnodaCBQA. lbis item has been noticed through the mgolw seeada nobiicatm psocem Preptedby: rl- F4A*s.v/ Rachel Rwbmrat, City AMM 1. Draft City gaster 2. Sepuo*= 26, 2023 Staff Report (Discumsim on EslabBshinS s CharterLor the Ciay) 3. October 1% 2023 Staff Report (Condmted Discumion Oo F.stablisbing a Charter for the City) �.2$ (Dubuc Project Biddktg ProeedUrsa) testes State requirements for when fomusl and hrformat lwrchukq proCemasa ars permitifid Pref mrm for Must follow No preference for Would 00 COlmdt vaterms aonuactill vatetam or authority to adopt procedures. Public dlaabledveterans ordinance to on Contracting Cade veterans and disabled Permits Clow to grant vetetens a soda of prebrences to ad"nat polnts to disabled veterans, but awarding conbacta and not veterans odtu Pmvialons pwwdftd undertow lbac is no fiecxl impact associated with the rommmmdatim of this report. 7Us agenda item does not oms&Ae a p cpa uoda the California Envitoomeotal Qoabv Act (*MQA-1 and it can be sem with oertsmty that it will have no impact an the eavhowmant As m %thismom r is eaemptnodaCBQA. lbis item has been noticed through the mgolw seeada nobiicatm psocem Preptedby: rl- F4A*s.v/ Rachel Rwbmrat, City AMM 1. Draft City gaster 2. Sepuo*= 26, 2023 Staff Report (Discumsim on EslabBshinS s CharterLor the Ciay) 3. October 1% 2023 Staff Report (Condmted Discumion Oo F.stablisbing a Charter for the City) Attachment A Draft City Charter CITY OF ROSEMFAD CITY CHARTER We, the people of Rosemead matt this Chew to ptetaatve and emMmce the 000aomic and !notal Qty of life into community. Radon* committed to the belief fist local govemmeot bes the clues[ dbft to the people governed, god &m in the conviction than the economic and fiscal independence of our local wAmmamt will pmamota the health, safety and wahine of allthe citizens of this City. We do hereby mumcise the atptras night gamed by the Consbmmion of the Some of CdiSoeniato and and adopt Ws Chow for do City ofRosemed and to ensure the allmuntcw affsin tear may be oonho0ed by the My as a local control shall be. ARTWIXI C,OVMAlaiCE Seed=1.1. lnetaporaedon and Saeemioa The City shall owdre to be a aamiciped oospoeaReu lmosen as the City of Roam"& The bomdwmoftheCityofRose edshillwntmonnowea diLobedmmmnldmpdmtbemmm authadzed by law. The C y shall rennin veawd with and sball metimw to own, have,, Poona+ eoaaol and cwy all p gmty dgbb and dgbts of action of every nature and dmcaVdm ovmcd, bad, posased, ounbv[14 or eajoyd by it at the time this Charter W= efieok and is hemby declared to be thea nom or of aame. It shall be subject to all debt, oblig aims and liabilifia. wbkbesMagainstthe City at die time this CawWtskase&ct.All WWW otdiumex, iaokdow. soles and aegubdom% at posdoos theeof, in force at the time this Cbactcr taker edffict and not in anuffict with or incoasident htatswuh, aro herby co»dmm el in face until the same brie been duly [spad4 ameadedc mgd or mpasode 1 by proper arahotity. Sadler 1.2. Coaaofi-MseW Fara of Gavot The municipal govemmeaaest AAW by this Charts doll be known as the'Co ocil-Mamegd farm of government. Sediee 13. Governing Hedy The Chy shill be governed by a City Cu=W composed of 5re Council Members. The adoption of [bis Clad" shall not in army way aha the teams of sites Council Members or the date of derBam fa City Council. Sesellon 1.4, City Ceased Salaries Council Mambas rhall reodve componallon for their saviors is aeceadanca with the provisions of State law. e9767410M r3 Seodna 1.& ENgiboy for City Coned Only pamw meeting the reglm+eme nta at fwtb m tbo gwwal laws of the State of Coliforms sholl be eligible to nm for City Com►ciL Saedoa IA. Meedose for City CotneO Mmbm All elections shall be bald in scoosdaooe with the laoviaions of the C&ffomia Eleorieas Code governing nuaiapd eietum. flection V. Coaxal Vaeaada The detmmiumdon as to when a Council Member In vacsmed their Council aaa and the process fa Shing ark vacancy shall be as at frlh in the California Govanment Code. Se disa IJL Tara Idoib T1s putpoa of this soction is io grata more compeubw elections by ensuring tha periodically the advnftn of hcmbmq of a Chy Conoco Member will yield to incmawd cWzm pndcipa = is seddng dative office. No person shall be a aodAft fa election to the office of (Sty Commal Metnba alba having served a a City Council Mmtber for Svc comm uaive fw¢ year tens, either by election or appotaftme t. T ba section shall apply pmapectivdy only; and neither the ascent term as of the affective dose of this Charas; nor any prior twos, of dtlmg Council Membri shall be counted a OW of the flea comassive faw-r rtams deatzibed herein Any person who, niftier by appomwent or clvc o, saves apatiel trim of office a a mmaba of the City Council shall be deemed, he the purpose of this section, to have saved a tori fnm-yar tam. Any member od'tbe City Count who resigns a is unmoved Ecom office dining a term shall be deemed to have sand a Sill tam. ARTICLE 2 MUMCRALA"AiMS Boadoa 2.1. Maaidpal The City Couna may adopt and enfam all ordmmce% malunions, riles and ragalatiwns in reapoct to muoieipal affairs. subject only to reafeidims and irons provided m No Chemo the United States and CaHEomis Conatlhaioa aod.appliabla lawn and decisions of counts with eompefemj=S&cfieo. VA rasped to gay zmmcgW aftz mtelqx=oly addramedintbis Charter, rmlri such mmmpd affair is wVn=ly addamod in thio Chats, or until the City legislates over such mmicipd sffiair by time adoption ofm ordlnmwa(sj. the genal laws of the State of California :ball govern. 470-7410 OW v3 Sedloo Z.E. Powers of the City This City call have all powers that s City can have under to Consdtudon and laws of tine Stake of CdiSomia ss frilly sod complecdy as dwagbdw were specifically emfmaded inthis Charter. 13C munaadon in this Carter of any potculu power; duty or psooedm a shaft not be hold to be mtdnsive oi; or say limitatim ar astaetioa uptm, this gid grant of powm The City shall have the pow to make and Porce all laws and regulab ms in respeato muoiapnl afdrs, subject only to such resbk ims said Umbotioos b may be pmvfded in this Chaster and in the Cmsftd m of the State of CalifombL Lim City x1011 also have the power to acacism, or act pursuant to any sand all nlbts, powas, pe lqp or promiur ; hefetofm, or hermRer established. gtamI I or prescribed by any law of to Same, by this Charter, or by otber lawfd mt8tarfty, or vMcb a municipd carpmxdm might or could aracise, or act pursuant to, under the Conalitudon of the Sate of Califomia. The enumeration in this Charter of any particular power sell ant be bold to be exclusive of. or nay li dMdOn upon, rho Vac a ay of to faegoiug paovisiouL This Chafer shill be blemlly oonsbtwd to vest the City with all legal authority acrd powers necmm y to panted the hvmW safety and seam) weif ra of dl of the d d ms Offo City. No pn®oq firm or cmpoudm sball ever exaoise any fisncWse, license: , Peunft, easement. privilegeor other umk except in so fir as be or itmay be entitled to do so by dirm n 6wity oftbe Comm ofdw Stale of CaHhm k ar of the Coneddmicm or laws oftoUnited Slaws, im, upon, avM under or along any stsed, highway or odha public place in the Chy unless they abd) have fist obtained a great tbenda in accordance with to provisions of this Cbenm Frsnchfsts< 11011 be scooted by the City Council only in 6@ time and mer, mod for such purposes, as may be prescribed or m6odmad by the carom or by WBtsrble laws of this sbto. The City nay etaefae all or my of to powers herein set forth singly or jointly with other P*hc agencies is to mama provided by ruerd law. Sadoa 23. Enterprises The City dM Lave to Powe fo ®gale in any satesptim deemed necessary to produce revenues It to gmerd fimd or soy otherftmd emblisbed by &a City Cound) to promote apublic purpose Seddon EA, Ze moaic Derdopamt The City " mwmase, support. and pmuft asxmmm developmtat and commusty dcvdopmal in the Ciq. To (Sty 9W Lave the power to uh rcvamma from to geaerd food to coWWmgc, snppnt and peomofo cmnomk davelopomm . The City amay undertilm economic devdopmeat scdvdm for to purpose of promoting ft geamai beahh end vm fimc of the ia10bitants of to CSty, job aeatiou, mpoving market rate and °ff°rd°ble bousirg options' improving retatT and ootromertad apdams, improving dinars, mmeemmnam mad reereatim opfious, and bVmvimg to QWs tma bora thereby &Mwdog to City's ability m e&mm and provide W=do pal services m its mordents. The moomm davdopmesm acdvides au6amzed by this secdm ere mfmiapel dWrs section ZS. Olsoen and Employees The City Council may, by oubmince, establish a merit system for City employees. Such systan MW include pm 4om for the mabod of the aelation of =*yas, the c--- a don, advanomw% auspenaion, aschage, tetmmadon of such ®pbyee, and the eonsdWstion and "mudon of positions. The sued merit system dull apply as to ach office Of postion of employment widen the City, except A. Elective and appointive offtoar B. Pmt -dune or tempomy offices and employeer, and C. Members of boards and commisdam Sarh system may be esmWWwd or amended, by ouUm m of the city council, ftms time to time, as may be mpkad in the &env im of the City Council in the pobiic Merest Section 2A. City Prme=tor The City sbsR have the anLofity to auhlishm office of City Pmsemdar. Such emblishnmt will be by adopdm of adm moa and resolutions vr" &ea the City Attomey or another gtuliSed a u mey to proeoatm on behalf of dwpeople my a all aimbW am aiming Rom violation of the pfavisi= of djs (harts, City Imooa and sah store misdesemars as the My hu the power to passearte, unless o&awise provided by the City Couoal. Seed= 17. Fh Pns and Cost Reewray Tie (Sty shall have dune power to eruct m*nmm p wWdmg for di mat pemlties for viohdons ofim-1 GI iaa,mdlartbbamimandtopf 1 lbeinsuch odimwm,fmUnumpenWasand pmhhmmb for Me vicktion thereof, wbkh penis ovW shall be by fim or impr mmeot, or by bodi Sue and kgdsmnent section u Garaal Law Paws» Naming in this Chow abdl be construed to prevent or restrict tbo Cil from egg sty and on tights, powers and pdv3Mm baetofore or' eller panted or praaPnd by to garosd law ofthe Smaa of t`diftnia. All genal law pawns of cities in CalUmubt are hereby dwhn d to be posscowd by the City. In the event of my eouSict behrem rhe provisions oftlds (.beta and the pmvi moftbeymaalkmofdAStftofCdikmm6towommmofftChIMshellooMoL AFMCIZ 3 Flaed Madan Sad= 3.1. Parchadag and C=tracb The City Council may. by or&nmwe, adopt pmebmmg and coatracdng p oeeduna, thresboWs and requketments within its municipal affdrs mz&miay. 070.7410" v3 Secdoa 32. Prshrmm for Veterans The City Council may, by ordinedce, adopt pumhalmg and conumcdng proms • wbich give to ,erases add disabled vckzm a =M of ad&timd points, prefr mwe or maamd grading in the ddermmstioe of awards ofd• Docum cMy Roof of eligibility for Vateran's Paimme Crrdits add exompboo fiom tha aplaity lWdudm dust be sdbmiued prior to approval of the City. In the can of a to grads baw en avetamadd ma -veteran. the veteran dhdl be rmlrrd highest. Sadao 33. Redadkm Prohibited Revenoa meted std colletwi by the (Sty dhdl notbe subject to subunctim, retention. aLachmedt, withdmwel or my other form of kmoluolery redaction by my other level of government. Saatiaa 3.4. Mandates United No peam, wbed er elected a appoint4 acft m behalf of tion City aball be regoire I to perform my fimetimvvbi& ismanddodby any odmimelofgoverdmemmiem audrmtil fimda suffident for the pafarmmm of sash 5medm are pmvlded by said maodedo6 ewhmV. ARTICIA 4 AMUMMO f 4.1 Ateadouat ibis Charter and my of its provisions may be amended by a mom* vote of the dea m voting mthegoad & Ameadwmt,revision onmpe imaybepmposedbyimdativeorbythegovanidg body. ARTICLE S SedUaa 5.1. Comoro dos sed Ideas stNa The imguage command m this Charter is intended to be pern issive rather dm eseldivo or limiting and shall be Mareliy and broa* a WWW is ftvw of rho exercise by the COY of its powerm govaa withraspectto say mets mm&b a mmicipal affiir. Section S.2 Sarerabg* Nany provision of this Cheam dheald be held by a cowl of comqxtwjwjsffiction to be invalid, vold or odwwuc rme afaceable, the rammmog provisions shall moon coforcmbla to the fidim eateut permitted by hw. 4Mxioasa Attachment B City Council Staff Report Dated September 26, 2023 ROSEMEAD CITY COUNCEL FROK BW Nat CITY MMA(M DATE: SEBCEM M26,2M3 STAFF REPORT « aO a gUBN [t DISCI>MM OP ESTA9i.1lD M A CRMTER FORTH& CITY The Ck r Cmsrt7 bw lad disamims sdsled to Grssdsg a core- far the aWupon whish the reidra. Gould then vats an to appras or dmq. As a Part of da dbemdm a oommitba vm mbblisbpd which Waded days y sed Camiimmdbw AuwntL The Comtdnae 000d0md two mse6ga wide the aiy Attomq and the Ciy Clerk sad aviewsd mad discussed cledw peovidioss o wdl a dw iofom8as,raided die Laps of CWu an the vmiaa ileus tit Gould be bmhded in a am dol ehEM The Cammteee ptemsled gsndoos that mm Waited fiats by*oC yr Atleseyto allotrfsrIIosllmdho udausswtlL At the 00ndmim of those maauoM it wm dMemimd tot - 11 1 taking 1 -1 inview and Goo idmibm m dw ovson Chmter: dem wms items ubkb tbo Caasni m walled b bon s dhemom wft tbs Sell Cmmed m to ser if dW! wsat0 l0hWkV s omtai povisisos in the Clmw US - than wht 8tsls lm praridm, whm so mbodand. In wbotim. the CGmmiuee wsaled to does wbh the Cama ib Imovob as Gtim vedons sobjnar smam and to oar som 6011AC001301 To a nk too CGmmWW Is *Dvwod the Lmps's Goan on items loom in a ehmlor. Toa Ccamz bsd bean provided a am of da Cho paeviombr. A sate chart b emdad to des Msff sepal 1Mb ebsR wow isohda as addhioesl 0001000 ---dots .dere empeosea provided to dm 0001001003 bawd m geeadma salad. Tbess is she Wbnndm an dW Coombeee'a position m as hem. Fordid dwY wam>n dabrto Mee lw m the topis add kwwdo,soviim eo *a effect a not at if they wnUed to Cowed hipt an m Nim. fls (]mt is adadad withthe addidoei oob>ms of bd011udim as well 020ftg dw ncdm dle CGmitms wanad to duce is more damn vitiak ate biddigbmd as %e as noted v a Tb mitaoaineiods. AGEMATt'EMf 7.D 26,2W zar2 • Eleodom • TOM HUMS • Ca*wdogSalim (vIMMftI swbdOMoitmtiowfocu8ocu*msdstNe • pow to aaft as ofm ofcity 1 �° MwMMM IST As t, I - to ttte SMW of a poftndd elasbat oa the o WW. the Mndm Code has UMboioas 0o wbsa as kftWve to beo m dwm law dty m be oemidamd by the vcwm Aa 0006tmed by go CMI* g omcr, Bcdjom Code Sood a 1415 wd 9755, ptevidc that a MW dynes pmpad measae hm Io be vdW OR at a >tasea4de sumW deotiom which oaten b bbwmba 211D4. 7be eolWdate to oim3t the mama to the CO" Is p dep befom doc6ao. vM&woWb*AWK9.2M. fffAMERCOMMMOMAMM IW the Cky Camey doom ft Cum wA pomik dha don to Buff m aay Oast I" it wooldt$Bww1 e. 76no la ao Saul iaepaet ueodaeed wh'h the moa®eadetioa of d& tepott. 7blsA®haabea oo0ioedtbsoapl>the:e'aieealaadaaodtia�rim ptO� Pee�edi� Racbet xlohmo. CAy Attorney Atm Camp Qpdosd Chan V Ah Coomeats § < |« : o &{ 2{)! ��`C - :\ ■ !-; � �� ( , _ v 3ik ƒ {m00 2 22{ k ! Ik i% - { k _ - o- �� k\) \\\C/)\\� \\ \} \ ( )V=O a 2a« A a;lff 7)\[ |a)a\ � ! ;2! ■ i 2 G{\\& } k\94!ƒ t - !fie }\�a0 , 2 '120 ` � o !% � �§ - ELo §§ �7_k§�� ■�w�. © 'E cu, )\k) }} !ki # - - Z- \ \ �$ noa �� § . �g� » t . # �� 5W U��#\k( §ks|7\ ,\��■!$em!!=■ |2 U) k"�k �)7�■ |■j!&k `2k«lkkk/(2ƒ( - �W(I��, ■ § ,_ BCW{J&l2fl|sa-©�!-!! S,a\lra o .Slow -;&6 �o �='� �f§kil�liik�iki! a,s9§� • � , e!k-|t��� ■_�,s�r- j � /aa _ 75 \»k | ;|-o !k !! <=u- » t . # �� 5W U��#\k( §ks|7\ ,\��■!$em!!=■ |2 U) k"�k �)7�■ |■j!&k `2k«lkkk/(2ƒ( - �W(I��, ■ § ,_ BCW{J&l2fl|sa-©�!-!! S,a\lra o .Slow -;&6 �o �='� �f§kil�liik�iki! a,s9§� • � , t s 2E ! ! . | ;s§tai 5W U��#\k( §ks|7\ k2$$§a k"�k okk�e �W(I��, k \ uit Lu .Slow -;&6 �o |a22•!& §�00 E 7|!®7!\'S ■!�!!E- ! �!( e!k-|t��� ■_�,s�r- ° 0) . | k"�k k �W(I��, uit Lu § ,>■J% 0 P. s EplAt � i�Jill. �, all P. 2 e � k��\\ �2$!A� taaa! .|!rnI# <04 0 < ,2 \ § § \\!(} !$a! !+}) | k`§`! r §�_ ■!�B ! i e � k��\\ �2$!A� taaa! .|!rnI# <04 0 < ,2 \ § § O all fill tai III illsd e Ills HUI roll, ■��s Il���2 i � $ � Will 2�§ A§�) \ § $ SEA � �kf § 2!2 /2 I E§) 2�§ A§�) \ § $ ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM. CITY MANAGER DATE: OCTOBER 10, 2023 SUBJECT: CONTINUED DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY SUMMARY At the September 26, 2023, City Council mating, the City Council continued the item for further discussion of establishing a Charter for the City. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Ericka Hernandez, City Clerk Attachment A: Committee Updated Chart with Comments Attachment B: City Council Staff Report Dated September 26, 2023 AGENDA ITEM 7.A AL §Lp 2 !.§ § fl! fl U 2!�! 7 2 , a$ �«� ! $a¢� �� ■ ��; | a m t Jim !fg ! Ila h � 2 � ■ « ■ &, '!LL`£{E®!��! � «■�« k � mw � ■ = k � 2. \! 0 . A . kj #|�£ ■°! \R�0 � !�■&�-�. k |2 § .a,.-a�E � °a■}{t! ,_ ° kk)! !!// k &k !! �!!!/!!7,lk! a-% L) ; 2. L) . . A . kj #|�£ ■°! \R�0 § !ul #�,, ;�{!E;{§k) !!! �!!!/!!7,lk! 0 ; c ( �■.§ Baa ( ,o �■w � ® : - !| e �� 4�\�! G af! °'! 226!± ;;! -202sm{® §- :■ | *0 !-E EE0 G§ �m0 kaesa,86 . !2- .R- �kk �!l7k�!ƒ`! �§ - a© f22- � §�f w ;t/f{(m�j! \ 02- a;aa0.a,t�3! !!a ■ �- `0= a- !»k© .!)k ika �fam |ƒ§ |32 I # . R �k 2:) o 0� \\\ ° l2;aL) fa% /\/ j\ \ ° �E §F 2 ]f � !!a - . 2 ! -5$$ &A =0 f ■ !)�k-60E 00 °- § §-•,0la-:! e =!!$ak!!!(§ !k 0 0!® a§ ,]!!E wwa< !_ � 2 �k$\ ƒ � ° a ] a -»� �$ �) 222) } f Akk jai! ( - #E ° ! ��c �k�£ |0 B!©) Ila ©)�§k k\\( Ik °° - . a i)\ = >0 )§> k {t kk§k I�t ¥�& ° 7(!�!■»|■ }$k§k)\ mmE _ ;a• iE4'9 |® !« ,�! ■«-�_ s§ R(!•, �2! )f 0,lk! !! '!! !!§!z -!,k . ,a$|x f$20\0| k■i aAli A kt%!\ ikI� |!49«$$ kSI�■ �2!}{!k7lt§�!!§ 2%k� \ ; 2 §k� 11 f ƒ,9«§/ I!a(§ !!!�E§!a #E ° ! ��c C,-�® B!©) Ila ©)�§k OR to) > °° - . a i)\ © >0 )§> Ex >\ I�t ¥�& ° 7(!�!■»|■ }$k§k)\ f#!|££E Jla��02— i . . . ° ! ��c -§ \EEcE . Or- © «c J■G} OV: 2 In , | | A.$ $$ 11 ! f sell ! «. 'w � - . | �■$ ■ � . @■$ ���! � ����� $ III 2 9 a! Up ■ �Al �« Ifir, !■a■! i In , | | m A m f 10 aE .a ! 2»® ■-6 §f!f kk)\ kk}t f 10 aE .a Y• g � sIm "i fflolo, s6 a °t -ago- all's ags �. • 1111111,81 U A p �IIfill 11 H42n, rw a]Is � g lit B. x• 4 bf � a- o 51 list a A � �g� � A & Indlid �a �F N r A M s m t m 0 E J '4- 0 oe n�L V�`Ln J deo»m -�ani3t�O�n u (Q ;�cU ncmo�c�o�o. i u 5cn>���10 p3 UOm�mU' zto�t ae� v May 28, 2024 Staff Report Attachment G Notice of Public Hearing MAI City of W psem [d Sims Ly $I.I OR PRO TEM: MAl9 CL+w. ��� ..:x F. \:ALL N' BI)I I ROSEMEAD, CAUFMM1A 41'"•: (AM SCIL MEMBERS: TELEPHONE (626) SW-_:,. s�yvltA AR.0\T FAX 16_61369.=303 srmy D Pour Lou NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROSENIEAD ON NIAY 28, 2023 NOTICE IS HEREBY GIVEN that the Rosemead City Council will conduct a public hearing on Tuesd2V. May 28, 2024, at 7:00 PNI. at Rosemead Cit Hall. located at 8838 East Vallee Boulevard. Rosemead. California 91770. Remote public comments will be received ria email at publiccommeneacityofrosemead.org by 5:00 p.m. on May 28, 2024. Interpreters will be available to assist members of the public that speak Chinese (Cantonese & Mandarini. Spanish. and Vietnamese. All comments are public record and will be recorded in the official record of the Cit%. If you have a request for accommodation under the ADA. please contact Ericka Hernandez. City Clerk, at (66) 569-1100. 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 Cin. 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 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 Hemandez. City Clerk, at (626) 569-2100 or ehemandezi cityofrosemead.org. In addition, the City Council Agenda and Staff Report will he available on the City's website under Agendas and Meeting and the "City Calendar" (waw.cityofrosemead.org) at least 72 hours in advance of the public hearine. 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,'_023 SE.. Dov Pa vLm 2024 5 A 28 Q MUM 2024 5 A 28 Q$EYA=%t±7:00, "K: , ftij: 8838 East Valley Boulevard. Rosemead. California 91770, jjAJA, A#qro 2024 5 A 28 QTT 5.00z@JIAWE-T93`T�z� publiccomment@cityofrosemead.org,#4a Shs'�i1�a�#�f�t.>62>ij! 3fsn' 3tGc� ADA #tiz12?��7c. a i*m,'ff IRA Ericka Hernandez. ZV=0 (626) 569-2100: h9/v�il lolE il��eT IG 1:G Bi�,7a'rx'7 it�leX�T`S T7GY+Am z.i��l=- al�/bMA�R'J�.i B1�iTi Z.-1 Ali : IRS 28 Q qM -=,t± 7:00j%' ajj4iFT � i6lJtrw 10 � c Ericka Hernandez. alt (626; 569-2100 !,figW=�i ehernandez@cityofrosemead.o,g: Jt 9; . T211ail€IA_7ttJkAQ*9, MIN 2:=i 72 d 9 �F4 3> rii Cllf� z ' $iJ1i7 ;wwar.cityofrosemead.org), th #s .t, SmT,Ly � s f •Iht1F: \fuw�R.u. >.f3,L \'ACCT I'&ri. Lr\'aiiD ROSEMFAD.CALIFOR]iA 911-71, *an: TELEPHONE (626) 96 -'1!v S\w AAKa 11. FAX 1626) 56%.303 SE.. Dov Pa vLm 2024 5 A 28 Q MUM 2024 5 A 28 Q$EYA=%t±7:00, "K: , ftij: 8838 East Valley Boulevard. Rosemead. California 91770, jjAJA, A#qro 2024 5 A 28 QTT 5.00z@JIAWE-T93`T�z� publiccomment@cityofrosemead.org,#4a Shs'�i1�a�#�f�t.>62>ij! 3fsn' 3tGc� ADA #tiz12?��7c. a i*m,'ff IRA Ericka Hernandez. ZV=0 (626) 569-2100: h9/v�il lolE il��eT IG 1:G Bi�,7a'rx'7 it�leX�T`S T7GY+Am z.i��l=- al�/bMA�R'J�.i B1�iTi Z.-1 Ali : IRS 28 Q qM -=,t± 7:00j%' ajj4iFT � i6lJtrw 10 � c Ericka Hernandez. alt (626; 569-2100 !,figW=�i ehernandez@cityofrosemead.o,g: Jt 9; . T211ail€IA_7ttJkAQ*9, MIN 2:=i 72 d 9 �F4 3> rii Cllf� z ' $iJ1i7 ;wwar.cityofrosemead.org), th #s .ALCALDE ` Ciudad de �Rpsemead Srr%Ly A 0 rEA i 1=A2m 0*9E VALLEYBOULEVARD ROSEMEAD. CALIFOR\L{ wl^i CO\CFJArY4 7FLEFONO 16261560._14 Ac _ FAx 16'-61569-'-303 SF4D.� P A i Lu. ANU\CIO DE AUDIENCI.A PLBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD DE ROSENIE4D EL 28 DE ..MAYO DE 2024 POR LA PRESENTE SE NOTIFICA que el Conejo Municipal de Rosemead Ilevari a Cabo una audiencia publica el Martel 28 de Ylavo de 2024, a las 7:00 Will. cn cl Conejo Municipal de Rosemead. ubicado en 8838 East Valley Boulevard Rosemead California 91770. Los comentarios publicos a distaneia se recibirin por email en publiccommentracityofrosemead.org antes de las 5:00 p.m. del 28 de Mayo de 2024. Habra imirpretes disponibles para ayudar a los miembros del publico que hablen chino (cantons y mandarin). espahol y vietnamita. Todos los comentarios son publicos y quedarun registrados en el archivo oficial de la Ciudad. Si usted tiene una solicitud do acomodaci6n bajo el ADA. por favor contatte a Ericka Hernandez Secretaria Municipal, al (626) 569-2100. EI Conejo Municipal de Rosemead esta evaluando la posibilidad de hater la transici6n de una Ciudad de derecho general a una Ciudad de derecho constitutional (charter law). Una Ciudad de derecho general esti sujera a la ley general del estado. independientemente de si el tema se refiere a un asunto municipal. Una Ciudad charter bene autoridad Suprema sobre los "asumos municipales' y. por tanto. puede gobemar en asumos de la Ciudad. Bajo la constituci6n propuesta. la Ciudad mamendria su forma de gobiemo de Conejo-administrador. Los asumos 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 ley. Antes de presentar Ia constituci6n propuesta a los votantes, el Conejo Municipal debt Ilevar a Cabo al menos dos audiencias publicas sobre la constituci6n, tal tomo to exige la Secci6n 34458 del C6digo de Gobiemo. La primera audiencia publica esti programada para el Manes 28 de \gay o a las 7:00 p.m. en la Cimara del Conejo Municipal de la Ciudad. Para mis detalles sobre esta propuesia. por favor contacte a Ericka Hernandez Secretaria Municipal. al (626) 569-2100 o ehemandezacityofrosemead.org. Ademis, la Agenda del Conejo Municipal y el Informe del Personal estarin disponibles en el sitio web de la Ciudad bajo Agendas % Reuniones y el "Calendario de la Ciudad" (wwvv.cityofrosemead.orgl al mends 7_2 horas antes de la audiencia publica. Cualquier persona interemda en los procedimientos arriba mencionados puede comparecer en el lugar y hora indicados para testificar a favor o en contra del item o items indicados en este aviso. TNI TRt'd%C: Smis L% 1NItAl''a�G Lt\1 TN1N: MAwrartClAu: t 1 t'It%H( DDSG; SA%n AIVAEA74 SkA'Dk� RUA' Lor, 11hdnh Tho Wpsemead • Kt}Ak UILLI'BOIL '1 Fl-4RU ROSE.MEAD. CALIrOR.\IA •1 7 7v DIEM THOM 0261564-2 km FAN 16261569•2303 THONG CAO V$ PHIS\ DItU TRA.N CONG KHAT TRL'OC H01 DONG THA—NH PHO CUA THJ NH PHO ROSEMEAD V.kO NGAY 28 THANG 5 NAai 2023 CH[NG TOI X1N THONG BAO T.AI DAY ring Hoi Dong Thinh Pho Rosemead se tien hash mot phien dieu trin con-, khai vio thti Ba, agiv 28 thing 5 nim 2024 vio Ilic 7 gia t6i tai Toa Thi Chinh tea lac a so 8838 dubng East Valley Boulevard. Rosemead. California. 91770. Y kien cua ngubi din d6ng g6p tit sa se dugc tiep nhin qua email gid t6i publiccotnment!dcityofrosemead.org truoc i pa chieu ngiy 28 thing 5 nim 2024. St co sin thong dick vien de' gi6p db nglrbi din n6i tieng Tau (tieng Quing Dong vi ding Hoa Pho thong), ding Tay Ban Nha t a tieng Viet Tit ca cac y kien deu U ho sa tong vi s8 dugc dtra vio ho sa chinh thine cua Thinh Pho. Neu co ydu ciu ve phuang tion phu vg then Dao Luit Ngubi My Khuyet Tit (ADA) thi sin vui Tong Iien he v6i Luc Su Thinh Pho Ericka Hernandez theo so (626) 569-3100. Hoi Dong Thinh Pho Rosemead dang dish gia kha nAn-, chuyen tit thinh pho' host d6ng theo luit Ig pho quit sang thinh pho hoat d6ng theo hien chuang. Mot thank pho hoot dgng theo lust le pho quit bi ring buoc bai luit Ig pho quit cua tieu bang, bit k2 van de d6 c6 lien quan den tong vu thinh pho hay khong. Mot think pho host done theo hien chuong c6 thin quyen toi cao ve "tong tat thinh pho" t i do d6 c6 the quyet Binh cic van de cua chinh pho. Theo hien chuong de suit, Thanh Pho se giir nguyen hinh thirc chinh quyen do hoi done quan K. Cic van de thuoc c6ngr vu chinh pho se dugc sua doi theo hien chuong de suit bao gom on gibi hnhiem kc, thin quyen khm to, cac van dl phis tricn kinh ti, thim qui in mua va ky kit hqp d6ng, vi w teen chi cw thein bink vong vigc vao cac hap done dugc phip luit cho phdp. Truac khi trinh hien chlrang de suat len cir tri. Hoi Dong Thinh Pho phai t6 chirc it nhit hai phien dieu trot[ tong khai ve' hien chuong theo yeu ciu cua Muc 34358 cua Bo LWt Chinh Phu. Phien dieu Erin tong khai diu tien du kien se dien ra vao thu Ba, neiy 28 thing 5 vao luc 7 gib t6i 6 Phong Hgp H6i Dong tai Tba Thi Chinh. De bict them chi tiet ve de suit nay. sin vui Ione Iien he Luc Su Thinh Pho Ericka Hernandez theo so (626) 569-2100 hoic qua email: ehemandez a cityofrosemead.org. Ngoii ra. Chuong Trinh Nghi Sv cua Hoi Dong Thinh Pho vi Bio Cio Cua Ban Nhin Vien se c6 sin tren trang mane cua Thinh Pho dubi muc "City Calendar" (nvttiv.cit)'ofrosemead.org) it nhit 72 tieng trudc phien dieu vin tong khai. Bat ky ngubi nio yuan tim t6i dieu then ra a tren c6 the sunt hien tai ngay. gia vi dia diem neu yen de ung ho hay phis d6i (cac I muc dugc chi ra vong thong cao nay. Attachment C A County Prosecutors Association 2021 Inter -Agency Operation Agreeilient INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(8)(4) REFERRALS Intimate Partner Battering (Domestic Violence) (Penal Code §273.5) P The suspect has a prior felony or misdemeanor conviction involving violence. threats of violence. or weapons within the last IQ years P A deadly weapon was used or brandished in the commission of the currem offense. A deadly weapon is "any object. instrument. or weapon dun 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:'= r The victim suffered a significant injury. If medical attention was warranted. even if the victim declined. the caw 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 am not limited to: o Minorredness 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 pregnam. 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 614121 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE § 17(Bx4) 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(bx4) referrals. The Operational Agreement streamlines the filing process by authorizing police agencies in jurisdictions served by city attorney(sNprosecutor(s) to directly submit misdemeanor filing requests to the city attomey(s)1prosecutor(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 in ust 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 attorney(s)/prosecutor(s) for misdemeanor filing. Effective 6/421 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(Bx4) REFERRALS SECTION A LADA must Pint review all cam potentially involving any of the following offenses (including straight misdemnaon)t • Penal Code §646.9—Stalking • Penal Code §363 — Elder Abuse • Penal Code §136.1 — Witness Intimidation • Penal Code §243(cx 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, 5943(b), and 11410 .11411) Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(B)i4) REFERRALS Forgery C6arges/Passiog a Non-Satficient Funds Check/Grand Theft (Penal Code §§476a(a), 473(a), 487(x)) • 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 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(B)(4) REFERRALS SECTION B LADA must first review an am involving the following offenses when any of the listed factors applies: Assault with Force likely to Produce GBI (Penal Code 124S(ax4))r • 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 Pctechiae(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 ars 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. r For cases involving family members or intimate partnem please refer to the standards for violations of Penal Code §273.5. Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PFNAL CODE §17(B)(4) REFERRALS Child Abuse/Endangerment (Penal Code §273a(a)/273d)) Penal Code §273a(a) requires the likelihood of great bodih 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 arc 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 arc 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 agc o . t tocase s ou Rdbe 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 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. e% en 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 CALC'RIM 875. E(%ctNe 6/4/31 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE § 17(11)(4) REFERRALS I nla%%ful Sexual Intercourse (Penal Code §261.5) • The suspect has a prior investigation or arrest for committing a sexual offense • The suspect is 21 )ears old or older • The victim is IS %ears old or %ounger • Alcohol or drugs %%ere involved • The victim suffered from a traumatic condition (including pregnancy) in the instant case Criminal Threats (Penal Code §422) • The suspect has a prior felom or misdemeanor conviction involving violence, threats of violence or %%capons • A %%capon aas 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 %%hen the victim is a spouse or former spouse. cohabitant or former cohabitant. person %%ith %%hom suspect has or had a child. person with %%horn suspect is having or has had a dating or engagement relationship. a child of a party. or an% other person related by blood or marriage.' Vandalism (Penal Code §594) • The suspect has a prior felony or misdemeanor con iction for vandalism • There is evidence that the offense was motivated b% gang involvement • Me property damage exceeded 52.500 Weapons Possession` • The suspect has a prior conviction for weapon or assault offenses within the last 24 months • A capon %%as used in the commission of the offense • The weapon is a firearm 'See Penal Code § 13700 and Famil% Code §6211. ` Penal Code §§20-110. 20410. 20510. 20610. 20710. 20910. 21110. 21310.21810. 22210. 22410. 24310. 24410. 302 1 0(a ). 30210(b). Effecti%e 64r21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE § 17(Bx4) REFERRALS Driving Under The influence Causing BodLy Injury (Vehicle Code §23153) (Excluding offenses punishable under Vehicle Code §§23569, 23566(a) k 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 Injuria requiring sutures Examples of non-significant injuria include, but are not limited to: o Complaint of pain only o Minorbruising 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. lithe injury is not significant. the case may be directly referred to the city anomey(syp osecutor(s) for misdemeanor filing consideration. Effective614121 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(B)(4) REFERRALS Hit and Run Driving Causing Injury to Another Person (Penal Code §20001) The offense invol%ed significant injun Examples of significant injuries include. but are not limited to: a 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 onh o Minor bruising o Swelling o Abrasions Note: If at the scene there is only a complaint of pain. the investigating officer should inter iew 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 attorney(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 convictions within the last 24 months Auto Theft/Unlawful Driving (Penal Code §487(d)(1). Vebicle Code §10851) The suspect has a prior felon) or misdemeanor com•iction for auto theft (VC § 10851 or PC §487(d)( I ) within the last 24 months The theft appears related to a criminal enterprise or chop -shop operation There w as a pursuit im olved in apprehension or arrest June 27, 2024 Staff Report Attachment D Second Public Hearing Notice MAYOR Smis LY MAYOR PRO TE%L MARG.NETCLM \ COUNCIL MEMBERS: SA\'(1RA AkA l SEAND1.. G Pour Low City of (Rpsemead 8838 E. VALLEY BOULEVARD ROSEMEAD. CALIFORNLA 91770 TELEPHONE (626) 569-2100 FAX (626)569.2303 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 publiccommenracitvofrosemead.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 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 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. ray: �.7/c�i 0., i' A91?IL 4D, CALIFORNIA91i'^ WXALIFORNI Valk: TELEPHONE 16'-61569-21(KI S.AN�kAp.,gN7A FAY16261569.2303 SEs Dnv PMY Low 5�i—iyf���4�1C lyc6�n8 i 2024 * 6 A 27 Q Jk�i�l�l. 2024 *6 A 27 R&M=�±6:00. 3 WT917 3t*>i� 1r�v`�A r f -:U: 8838 East Valley Boulevard, Rosemead, California 91770 2024 * 6 A 27 qQT�!�F 5:00 z 3 €iL�� $y1h i Publiccomment@cityofrosemead..porg, j g jj,�C PQZ;k ADA #Azf£ a a Yr lF oC Ericka Hernandez, 1416 (626) 569-2100. SM50j, 9'`aI ww" 28 E3&M=Elt± 7:00 2024 * 6 A 27 E3�P9 F'f 6:00 it3i� a =?5) v fin_ Ericka Hernandez. MM (626) 569-2100 IRig-61 1 ehernandez@cityofrosemead.org: &9r . o 72 �1��9F1�Gif 131fwSz' m(www.cityofrosemead.org) : 1FrtJ i'z ALCALDE: CilSd! de Wpse// ea Smi%Lv ' ALCALDE PRO TE)1: Mk¢c CLW 893SE. VALLEY BOULEVARD MIEMtDIOS DEI. ROSEMEAD. CALIFORNIA 9 I" TELEFONO 16261569-21(0 CONSEJO: �,T.' FAX 16=61569-2393 $E1\DkW AVISO DE SEGUNDA AUDIENCIA PUBLICA 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 llevari a cabo una audiencia p6lica el Weves 27 de iunio de 2024. a las 6:00 D.m., en el Ayuntamiento de Rosemead. ubicado en 8838 East Valley Boulevard, Rosemead. California 91770. Se recibiran comentarios p6blicos remotos por correo electrdnico en publiccomment acityofrosemead.org hasta las 5:00 p.m. del 27 de junio de 2024. Habra intdrpretes disponibles para a%udar a los miembros del p6blico que hablan chino (cantones y mandarin). espahol y viemamita. Todos los comentarios son de dominio p6blico y se incorporaran al registro official de la Ciudad. Si bene una solicitud de adaptaci6n bajo 1a ADA, por favor comuniquese con Ericka Hemindez Secretaria de la Ciudad, al (626) 569-2100. El Consejo Municipal de Rosemead esti evaluando el potential 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 refiere a un asunto municipal. Una ciudad aut6noma tiene autoridad suprema sobre los "asuntos municipales' y, por to tanto, puede gobemar sobre los asuntos de la ciudad. Bajo la Carta constitutional propuesta, la Ciudad mamendria su forma de gobiemo de Consejo-administrador. Las cuestiones relacionadas con asuntos municipales que se modi6carian bajo la carts constitutional propuesta incluyen Hmites de mandato, autoridad de enjuiciamiento, asumos de desarrollo econ6mico, autoridad de compras y contratos, y preferencia para los veterans en la adjudicaci6n de contratos permitidos por la ley. Antes de presenter la carts constitutional propuesta a los votantes. el Consejo Municipal debe celebrar al memos dos audiencias p6blicas sobre la Carta constitutional. scan to exige la Secci6n 34458 del C6digo de Gobiemo. La primera audiencia p6blica se Ilev6 a cabo el mantes 28 de mayo a las 7:00 p.m. y la segunda reuni6n requerida esti pro_gramada para Ilevarse a cabo en una reuni6n especial el jueves 27 de junio de 2024 a las 6:00 p.m. en la Sala del Consejo Municipal. Para obtener mis detalles sobre esta propuesta. por favor comuniquese con Ericka Hemindez. Secretaria de la Ciudad, al (626) 569-2100 o ehemandezgcitvofrosemead.org. Ademas, la Agenda del Consejo Municipal y el lnforme del Personal estarin disponibles en el sitio web de la Ciudad en Agendas y Reuniones y en el "Calendario de la Ciudad" (w-ww.cityofrosemead.org) al menos 72 horns antes de la audiencia p6blica. Cualquier persona interesada en el procedimiento anterior puede comparecer en el momento y luear indicados anteriotmente para testificar a favor o en contra de los puntos indicados en este aviso. THITRL16NG: 'lirlClnh Tho 1psemead Sm Er LY E Til) TR1-dNG LAMTH61: M68a.6 Cuo: A 8838 E. VALLEY BOULEVARD (1' VILLA Hql DONG:T ROSEMEAD. CALIFORNIA 91770 SA%v Abe MA DIEN'THOM(6_6)369-'_lfq SEAN D.mv FAX 16:61369•2303 Poul' Low THONG CAO VE BUOI DIED TRAN CONG KHAT THe HAI TR[.{OC HQI DONG THANH PHO CL'A THANH PHO ROSEMEAD VAO THIP N.4NI, 27 THANG 6, 2024 CHUNG TOI XIN THONG BAO T.+I DAY ring Hoi Dong Thinh Pho Rosemead se titin hinh mot buoi dieu DID cong khai vio Thv Nim. nteiv 27 thing 6. 2024 vio Idc 6 ¢ih chieu tai Toa Thi Chinh t9a lac b so 8838 dubng East Valley Boulevard, Rosemead. California, 91770. Nhan xet tir xa cda ngubi din se duqc tiep nhO qua email 0 toi publiccomment�cityofrosemead.org tru6c 5 gib chieu ngiy 27 thing 6, 2024. Sd c6 sin th6ng dich vien de gitip db ngubi din not tie'ng Tiu(tieng Quing Dong vi tieng Hoa pho th6ng), tieng Tiy Ban Nha vi tieng Vigt. Tit ca nbOng Ibi nW xet deu li h6 so tong vi s2 dugc dua vio ho so chink thuc cua Thinh Pho. Neu co yeu cap ve phuong ti¢n phu trq theo dao lust ADA, xin vii long lien he v'bi Luc Sq Thinh Ph' Ericka Hernandez then so (626) 569-2100. H¢i Dong Thinh Pho Rosemead ding dinh gii khi nang chuyen to thinh pho duoc quin tri then lust le pho quit sang luit le theo hien chtrong. \16t think pho dugc quin tri then lust le pho quit bi ring buoc boi lust le pho quit cua tieu bang. bat ke van de do co lien yuan den cong vu thinh pho hay khdng. Mot thanh pho dugc quin tri theo lust le then hien chuong co shim quyen toi cao ve "tong vv thinh pho" vi do do co the quyet dinh cat van de cua thinh pho. Theo hien chuong d' xuaL Thinh Pho se gill nguyen hinh thirc chink quyen do hoi dong quan Iy. Cic van de' thuoc cong vu think pho se dugc siva doi theo hien chtron¢ de xuit bao gom gioi h?n nhiem ky. tham quyen kh6i to. cic van de lien quan den phis vien kink te, tham quyen mus vi ky ket hap dong, vi w tien cho ctru chitin binh trong viec trao cac hqp dong dugc phap lust cho phep. Ttv6c khi trinh hien chtrvng de xuit len cir tri. Hoi Dong Thinh Pho phii to chk it nhat hai phien dieu van cong khai ve' hien chuong theo quy dinh cua Muc 34458 cua Bp Luit Chinh Phu. Phien dieu trip cong khai dau titin dugc to chin Inc 7 gib toi Thu Ba, ngiy 28 thing 5, vi phien dieu tran thli hai theo quy dinh se dugc titin hinh trong mot cuoc h9P d4c Met luc 6 gib chiu Thin Nam, ngiy 27 thing 6 nam 2024 o Phong Hqp Hpi Dong tai Toa Thi Chinh. De biet them chi tier ve de xuit niy. xin vui long lien he vbi Luc Sq Thinh Pho Ericka Hernandez then s (626) 569-2100 hofic ehemandergcityofrosemead.org. Ngoii ra. Chtrong Trinh Nghi Su cua Hoi Dong Thinh Pho vi Bao Cio Cua Ban Nhin Vien se co sin tren trang web cua Thinh Pho dura muc "Meetings and Agendas" vi dlr@i muc-City Calendar' (wlwv.cityofrosemead.ore) it nhat 72 tieng turn phien dieu tram cong khai. Bat kil ngtrbi nio quan Lim tBi phien dieu van b tren co the co mat tai thbi diem vi dia diem neu tren de ung ho hay phin doi (cac) khoin muc dugc chi ra trong thong cio niy. July 23, 2024 Staff Report Attachment C Notice of Public Hearing for July 23, 2024 MAI Oil: STEVE[ LF SCA\OR PRO TEM: MAKG�T CLAM Cot NCIL MEMBERS: SAND&k AR.NEhT.1 Se.w Dnp Pou v Low City of wpsewad 8838 F VA11_II) IRR I I % NRII ROSEMEAD, CALIFORNIA 9 17 - 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. .y9: k M STEN ES LY MARGARET CLARK &111A: u S.4NDR.A .AR NTA `� SEAN DANG POu v LOU sB;S I: VALLEY BOULEVARD ROSEMEAD. CALIFORNIA 91770 TELEPHONE 16261569-21W FAX 16261569-2303 JtA1 �t11+ * 2024' 7 A 23 RX -M_ *kijj0, t.*M—rN*AjKA2024'* 7 A 23 Fij[M=9th 7:00, AXFT,*1 ®>7W*FT'v`sXJ8 *n: AV-TMTi 11, *tL 8838 East Valley Boulevard, Rosemead, California 91770,i yr�o'a` � 2024 * 7 A 23 HTH 5:00 zHIMA—T-64RITE pggujyblliycygccom//{{}mentty@$cit�ypofrose�ml�eZaad.orrggo i�jQ*Jlf-A-"MiiotypublicccomTmeJnlt,gcity{o�frosseemeaad.oyrg, �JL+S171S Ii.a/L 0[7,S G,�NS/1 G.IC q p.1 in �� 17D1tY1'La`* o /'/I�PT WOR >A/A,# 281117 ol.�+i/Jz 1 3I cR � 7:i oZ o Pil.0 ;h ADA 1110.4-iji PfVE Ericka Hernandez, tea, (626) 569-2100. 'f i>"i }}aee9��Xa.1ss�'Li aT�T lGllt a y].C: ia,*{H**l.-�.7y� i/}x�µ1'T TiTa WA +Zi l==mea L i1`Ia,'N�h I`'X i17 ya�.7C+.ira Z,�4, J MM .z 90, Wi * A** V—# 34458 Ilk P1 IRS Ericka Hernandez, %Zat (626) 569-2100 -ARA 1�-!g ehernandez@cityofrosemead.orgo Mt , $ * WEXT1'�AJ%A 72 i)ApfgiiiIS�zlr,aR, #M#MMt" r�i14R) *�.E" (www.cityofrosemead.org)o SFr f�i z J.t�711•'���%i�fib�kl�'1�1'���#�-�'c��i��A'#'z� o ALGIDE: Si EN Ll' .ALCALDE PRO TEM: MARGARET CLARK MIEMBROS DEL C'ONSEJO: SANDRA ARMENIA SEAN DANG Ciudad de Wqsemead 8838E VALLEY BOCLI. c+.RD ROSEMEAD, CALIFORS I -- TF.LEFONO (626) 56921 FAX (626) 569-2303 AVISO DE UNA AUDIENCIA PfJBLICA 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 Ilevara a Cabo una audiencia p6blica el martes 23 de iulio de 2024, a las 7:00 pm., en el Ayumamiento de Rosemead, ubicado en 8838 East Valley Boulevard, Rosemead, California 91770. Se recibiran comentarios p6blicos remotos por correo electr6nico en publiccomment@cityofrosemead.org hasta las 5:00 p.m. del 23 de julio de 2024. Habra interpretes disponibles para ayudar a los miembros del publico que hablan chino (cantones y mandarin), espahol y viemamita. Todos los comentarios son de dominio p6blico y se incorporaran al registro oficial 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 esti sujeta a la ley general del estado, independientemente de si el tema se refiere a un asunto municipal. Una ciudad aut6noma tiene autoridad suprema sobre los "asuntos municipales" y, por to tanto, puede gobemar sobre los asuntos de la ciudad. Bajo la Carta constitucional propuesta, la Ciudad mantendria so forma de gobierno de Consejo-administrador. Las cuestiones relacionadas con asuntos municipales que se modiftcarian bajo la Carta constitucional propuesta incluyen limites de mandato, autoridad de enjuiciamiento, asuntos de desarrollo econ6mico, autoridad de compras y contratos, y preferencia para IDS 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 carts constitucional, segtin to exige la Secci6n 34458 del C6digo de Gobiemo. Para obtener mss 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 lnforme 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 menos 72 horas antes de la audiencia p6blica. 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 puntos indicados en este aviso. tt� THITRC6NG: SEVEN LY THI TRI'ONG L M TH61: M"G.+RET CLu ('Y VIfC.N Hot BONG: SAN AC NTA SENDA: Pour Low 9ianh Who �Risemead 8838E VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 DIEN THOM (6261569-21 Ott FAX (626) 569-2303 THONG BAO VE DIEU TRAN LONG C( )NG TRU OC HQI DONG THANH PH6 CUA THANH PHd ROSEMEAD VAO THif BA, NGAY 23 THANG 7 NAM 2024 CH[)NG TOI XIN THONG BAO TAI DAY ring Hoi Dong Thanh Pho Rosemead se tien henh mpt buoi dieu trap tong khai vao Thli Ba neav 23 thane 7 nam 20241dc 7 eib toi tai T6a Thi Chinh tqa I4ic v s6 8838 dubng East Valley Boulevard, Rosemead, California, 91770. Nhb xet t(r xa cua ngubi din se dugc tiep nl* qua email g(ri td publiccomment@cityofrosemead.org tru6c 5 gib chieu npay 23 thing 7 nkn 2024. Se co s8n thong dich vien de" gitip db ngubi din n6i tieng Tau (tieng Quang Dong vi tieng Hoa ph6 thong), tieng Tay Ban Nha vi tieng Viet. Tat ca nhang Ibi nho xet &u la ho so cong vi se dugc dua vao ho so chinh th(rc cua Thanh Ph. Neu c6 yeu cau ve phuong titin phu trq theo d4o luit ADA, xin vui long lien he v6i Luc Su Thanh Pho Ericka Hernandez theo so (626) 569-2100. Hoi Dong Thanh Pho Rosemead dang dinh gii khi nfing chuyen tir thanh ph6 dugc yuan tri theo luit le ph6 quit sang luit le theo hien chuong. Mot thanh phi dugc quan tri theo luit Ig phi quit bi rang We b6i luit le ph6 quit cua tie -u bang, bat ke van d' d6 c6 lien yuan de"n cong vu thinh ph6 hay khong. MOt think ph6 dugc yuan tri then luit Ig theo hien chuong co tham quyen tot cao ve "cong vu thinh phi" vi do do c6 the quyet dinh cac van de" cua thinh ph6. Theo hien chtrong de xuat, Thanh Pho se giu nguyen hinh thirc chinh quyen do hoi d'ong quan K. Cic van de thu6c cong vu thinh ph6 se dugc sira doi theo hien chuonp de xuat bao gom gi6i hp nhiem ky, tham quyen kh&i to, cac van de lien quan den phat trien kinh te, tham quyen mua va ky ket hqp ding, va tru titin cho cuu chten binh trong viec trao cac hgp d"ong dugc phip luit cho phep. Trlr6c khi trinh bay hien chlrong dugc de xuit vdi cirtri. HOi ding Thanh phi phai to chirc it What hai bu6i dieu tran cbng khai ve hien chuong theo yeu cau cua Muc 34458 cua BO luit Chinh phu. De biet them chi tiet ve de xuit nay, xin vui long lien hg vd'i Luc Su Thanh Pho Ericka Hernandez theo so (626) 569-2100 hoic ehemandez@cityofrosemead.org. Ngoai ra, Chuong Trinh Nghi Su cua Hoi D"ong Thanh Pho va Bao Cao Cita Ban Nhan Vien se c6 sin tren trang web cua Thanh Pho^ du6i muc "Meetinss and Agendas" vi duoi muc "City Calendar" (www.cityofrosemead.org) it nhat 72 tieng trlr6c phien dieu tran cong khai. Bat ky ngu6i nao quan tam Oi phien dieu tran 6 tren co the co mat tai th6i diem va dia diem neu tren de ung ho hay phan doi (cac) khoan muc dugc chi ra trong thong cao nay. 1-1 Attachment C Notice of Public Hearing MAYOR: SANDRA AR WA MAYOR PRO TEM: PGLLY Low COUNCH, MEMBERS: MARGARET CLARK SEAN DANG Sr NLY City of 4?psewad 8838 E. VALLEY BOULEVARD ROSEMEAD, CALEFORNIA 91770 TELEPHONE (626) 569-2100 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROSEMEAD ON MARCH 10, 2026 NOTICE IS HEREBY GIVEN that the Rosemead City Council will conduct a public hearing on Tuesday, March 10, 2026, at 7:00 PM, at Rosemead City Hall, located at 8838 East Valley Boulevard, Rosemead, California 91770. Comments may be submitted in person, virtually, or via email at publiccomment@rosemeadca.gov by 5:00 p.m. Interpreters will be available to assist members of the public that speak Chinese (Cantonese & Mandarin), Spanish, and Vietnamese. All comments are public record and will be recorded in the official record of the City. If you have a request for accommodation under the ADA, please contact Ericka Hernandez, City Clerk, at (626) 569- 2100. The Rosemead City Council is evaluating the potential of transitioning from a general law city to a charter law city. A general law city is bound by the state's general law, regardless of whether the subject concerns a municipal affair. A charter city has supreme authority over "municipal affairs" and thus can govern on matters of the City. Under the proposed charter, the City would retain its council- manager form of government. Matters of municipal affairs that would be modified under the proposed charter include term limits, prosecuting authority, economic development matters, purchasing and contracts authority, and preference for Veterans in awarding contracts permitted by law. Before submitting the proposed charter to the voters, the City Council must hold at least two public hearings on the charter as required by Government Code Section 34458. The first public hearing is scheduled for Tuesday, March 10 at 7:00 p.m. in the City Hall Council Chamber. For further details on this proposal, please contact Ericka Hernandez, City Clerk, at (626) 569-2100 or ehemandez@rosemeadca.gov. In addition, the City Council Agenda and Staff Report will be available on the City's website under Agendas and Meeting at www.rosemeadea.gov 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. Noticed February 16, 2026 SANDRA ARMENIA alq-$*: MARGARETCLA #ONA: SANDRA ARMENIA SEAN DANG Pou v Low X;W g 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 2026 * 3 A 10 Q MUM, 2026 * 3 A 10 F1 M-M=*.L 7:00, AWTMA*9 FT/ea g l* tL k: r ril�i�, *-id: 8838 East Valley Boulevard, Rosemead, California 917700 *R7e�?±T!�F 5:00 RIMM, publiccomment@rosemeadca.gov R-14. �� # 1#t � i ,� A,�� A. A � I�G"mJlli�vv o Ffr p ei'7> s�v�#1�a2 AM E*j5-7�a3rA1�;q ADA a$�r.47�fff to Ericka Hernandez, SAM (626) 569-21000 r rl �� tp 1 % ai 7c i itR 1cr,z; fitN o tftAIt" 5WIffI- LAItM 9N7'I�R�r�;�##�yRRee�>Y�r1��aXX� aYY22-5S���2=e���[J��in�n3fs44if!t,}}ayyyyrs#�eg�#zrr��>`I+�1�+��C�I�tt�t�,,lfaa�H-- �I[71'�'RS71'I.0 9. , «<�r�5sif P, T�.Y�Tu aroJ'f1f€I'LC ���J.'1�Iu �iri TX1"Z.olw J'1 7L o # z#oaf#max Aa �z�9, r3 at9,A*Aa)ffA%34458 x sao—%� �v�%��x�1120263A1OQ=��7(ro tlt�#4A,,p�i a az Ericka Hernandez, mat (626) 569-2100 AA1t--g- ehernandez@rosemadca.govk9� , 72 iJ�d tril�i1>f w$ www.rosemeadca.gov rl� F FaIRArJ #KT#l1-A. ALCALDE: SANDRA AR NrA ALCALDESA PRO TEN Pou v Low CONCEJALES: MARGA CLARK SEAN DmG STEVEN LY Ciudad de I(Psemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEFONO (626) 569-2100 ANUNCIO DE AUDIENCIA PUBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD DE ROSEMEAD EL 10 DE MARZO DE 2026 POR LA PRESENTE SE NOTIFICA que el Conejo Municipal de Rosemead llevara a cabo una audiencia publica el Martes, 10 de Marzo de 2026, a las 7:00 PM, en el Conejo Municipal de Rosemead, ubicado en 8838 East Valley Boulevard, Rosemead, California 91770. Comentarios pueden enviarse en persona, virtualmente o por correo electr6nico a publiccomment@rosemeadca.gov antes de las 5:00 p.m.. Habra int6rpretes disponibles para ayudar a los miembros del p6blico que hablen chino (cantons y mandarin), espahol y vietnamita. Todos los comentarios son publicos y quedaran registrados en el archivo official de la Ciudad. Si usted tiene una solicitud de acomodaci6n bajo el ADA, por favor contacte a Ericka Hernandez, Secretaria Municipal, al (626) 569-2100. EI Conejo Municipal de Rosemead ester evaluando la posibilidad de hater la transici6n de una ciudad de derecho general a una ciudad de derecho constitutional (charter law). Una ciudad de derecho general esta sujeta a la ley general del estado, independientemente de si el tema se refiere a un asunto municipal. Una ciudad charter tiene autoridad suprema sobre los "asumos municipales" y, por tanto, puede gobernar en asuntos de la Ciudad. Bajo la constituci6n propuesta, la ciudad mantendria su forma de gobiemo de concejo-administrador. Los asuntos municipales que se modificarian con la constituci6n propuesta incluyen los limites de mandatos, la autoridad fiscal, los asuntos de desarrollo econ6mico, la autoridad de compras y contratos y la preferencia por los Veteranos en la adjudicaci6n de contratos permitida por la ley. Antes de presentar la constituci6n propuesta a los votantes, el Conejo Municipal debe Ilevar a cabo al menos dos audiencias publicas sobre la constituci6n, tal coma to exige la Secci6n 34458 del C6digo de Gobiemo. La primera audiencia publica ester programada para el Martes 10 de Matzo a las 7:00 p.m. en la Camara del Conejo Municipal de la Ciudad. Para mas detalles sobre esta propuesta, por favor contacte a Ericka Hernandez, Secretaria Municipal, al (626) 569-2100 o ehemandez@rosemeadca.gov. Ademas, la Agenda del Conejo Municipal y el Informe del Personal estaran disponibles en el sitio web de la Ciudad bajo Agendas y Reuniones a www.rosemeadca.gov al menos 72 horas antes de la audiencia publica. Cualquier persona interesada en los procedimientos arriba mencionados puede comparecer en el lugar y hora indicados para testificar a favor o en contra del item o items indicados en este aviso. THj TRUANG: SA mAEI. WA THj TRrfANG LAM THAI: POLLY Low CY VELN HQI GANG: MARGARET CLARK SEANDANG ST NLY gQnh pho &semead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALEFORNIA 91770 Dib] THOAI (626) 569-2100 THONG CAO VE PHIEN HIEU TRAM CONG KHAI TRIf6C HOI DONG THANH PHO CUA THANH PHO ROSEMEAD NGAY 10 THANG 3 NAM 2026 CHUNG TOI XIN THONG BAO TAI DAY rang Hoi Dong Thanh Pho Rosemead se titin hanh mot phien dieu tran cling khai vao Thfr Ba, ngay 10 thing 3 nam 2026, luc 7 Zia toi. tai Toa Thi Chinh toa lac a so 8838 dung East Valley Boulevard, Rosemead, California, 91770. Quy vi co the &i y kien truc tiep, truc tuyen hoac qua email den dia chi publiccomment@rosemeadca.gov tru6c 17:00. Se co sin thong dich vien de" glop dh nguai din n6i titin& Tau (tieng Quang Dong vA tieng Hoa pho thong), tieng Tay Ban Nha vA tieng Viet. Tat ca cac y kien d8u la ho so c6ng vA se dugc dua vao he so chinh thirc c6a Thanh Ph 61. Neu c6 yeu cau ve phuong tign phu trg theo Dao Ludt Nglrai My Khuyet Tat (ADA) thi xin vui 16ng lien he v6i Luc Su Thanh Pho Ericka Hernandez theo so (626) 569-2100. Hoi Dong ThAnh Pho Rosemead dang danh gig kha nang chuyen tit thanh pho boat dong theo luat le pho quit sang thinh pho boat do, ng theo hien chuoTrg. Mot thanh pho boat Ong theo luat 1e pho quit bi rang buoc b6i luat le pho quit cua tieu bang, bat ke van de d6 c6 lien quan de`n c6ng vu thanh pho hay kh6ng. Mot thanh pho boat Bong theo hien chuong c6 tham quyen toi cao ve "c6ng vu thanh pho" vA do d6 co the quyet dinh cac van de cua thanh pho. Theo hien chaong de xuat, Thanh Pho se giir nguyen hinh thirc chinh quyen do hoi dong quan ly. Cac van de thuoc c6ng vu thanh ph 0^ se dugc sira doi theo hien chuong de xuat bao gem gi&i hp nhiem ky, tham quyen khai t6, cac van de phat trien kinh tel, tham quyen mua vi ky ket hgp d"ong, vA uv titin cho cuu chitin bink trong viec trao cac hop dong dugc phap luat cho phep. Tnr6c khi trinh hien chuong de xuat len cir tri, Hoi D"ong Thanh Pho phai to chirc it nkat hai phien dieu tran c6ng khai ve hien chuong theo yeu cau cua Muc 34458 cua Bo Ludt Chinh Phu. Phien dieu tran c6ng khai dau titin du kien digin ra vao thfr Ba, ngay 10 thing 3, nam 7 gig toi tai Ph6ng hop Hoi dong Thanh pho. De" biet them chi tiet ve de xuat nay, xin vui l6ng lien he Luc Su Thanh Pho Ericka Hernandez theo so (626) 569-2100 hoac qua email: ehemandez@rosemeadca.gov. Ngoai ra, chuong trinh nghi su cua Hoi dong Thanh pho vA cac bao cao cua nhan vien se dugc ding tai tren [rang web cua Thanh ph o tai dia chi www.rosemadca.gov it nhat 72 tieng tru6c phien dieu tran c6ng khai. Bat ky ngu6'i nao quan tim t6i dieu digin ra 6 tren c6 the xuat hien tai ngay, gig vA dia diem neu tren de ung ho hay phan doi (cac) muc dugc chi ra trong th6ng cao nay.