Loading...
CC - Item 3B - Public Hearing on Adoption of Resolution No. 2026-20 Approving Placement of City Charter, Calling of a Municipal Election, and Consolidate Charter Measure with General Election of November 3, 2026ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: MAY 26, 2026 SUBJECT: PUBLIC HEARING - ADOPTION OF RESOLUTION NO. 2026-20 APPROVING THE PLACEMENT OF A CITY CHARTER ON THE BALLOT OF THE NOVEMBER 3, 2026 GENERAL ELECTION AND CALLING OF A MUNICIPAL ELECTION AND CONSOLIDATING THE CHARTER MEASURE WITH THE GENERAL ELECTION AND ADDITIONAL DIRECTION REGARDING THE BALLOT MEASURE AS PROVIDED FOR UNDER THE ELECTIONS CODE SUMMARY Cities in California are either general law cities or charter cities. General law cities may only adopt and enforce ordinances and regulations that are consistent with the laws of the State of California. In contrast, charter cities which are authorized by the California constitution may adopt and enforce ordinances and regulations regarding municipal affairs subject only to the limitations contained in the city's charter. The City of Rosemead is a general law city. The City Council has been discussing converting to a charter city by placing a city charter on the ballot at the November 3, 2026 election. 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 March 10 and 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 purpose of this meeting is to consider whether to approve Resolution No. 2026-20, placing the proposed charter on the ballot at the November 3, 2026, election. If the City Council approves Resolution No. 2026-20, 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 3.11 4920-2185-6426 v1 City Council Meeting May 26, 2026 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. During 2023 and 2024, 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. Consistent with the Elections Code 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 March 10 and April 21, 2026. 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 2026 statewide general election is 88 days before the election, which would be August 7, 2026. CHARTER BALLOT ITEMS TO BE DISCUSSED AND DETERMINED BY COUNCIL TO BE REFLECTED IN RESOLUTION 2026-20: The below items are items in the required Resolution to send the Charter Measure to the County for the November 3, 2026, 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. 4920-2185-6426 v1 City Council Meeting May 26, 2026 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. 2026-20, placing the charter measure on the November 3, 2026 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. 2026-20, authorizes the City Attorney to prepare an impartial analysis on or before August 14, 2026, 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 14, 2026, 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, Councihnembers 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 24, 2026 at 6:00 p.m. and all such arguments shall be filed with the City Clerk, and shall not exceed 250 words. ➢ Recommended that the City Council determine if it wants to submit an argument in favor of the measure and potential rebuttal and designate up to two Councilmembers to submit on behalf of the Council as whole or in part of the Council. 4920-2185-6426 vl City Council Meeting May 26, 2026 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. 4920-2185-6426 v 1 City Council Meeting May 26, 2026 Page 5 of 7 Subject Matter General Law City Rosemead Proposed Charter Municipal Code General Charter Law None None Provides that to the extent Powers there are Charter powers that may be exercised by the City, it retains all of those rights except where stated otherwise in the Charter Term limits May provide 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 consentfrom 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 general fund to encourage, development projects support and promote within the City economic development Purchasing and Cities must follow State Municipal Code Would give Council authority Contracts law on competitive Chapters 3.24 to adopt own purchasing and bidding (Purchasing contracting procedures by System for Non- ordinance Public Works Contracts) and 3.28 (Public Project Bidding Procedures) follow State requirements for when formal and informal . purchasing procedures are permitted Preference for Must follow contracting No preference for Would give Council authority Veterans procedures. Public veterans or to adopt ordinance to give Contracting Code permits disabled veterans veterans and disabled cities to grant preferences veterans a credit of additional to disabled veterans, but points in awarding contracts notveterans where permissible 4920-2185-6426 vl City Council Meeting May 26, 2026 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. 2026-20: ➢ 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. 2026-20, placing a proposed Charter for the City on the ballot at the November 3, 2026, election for the City's voters; Call for a municipal election and request that the Los Angeles County Board of Supervisors consolidate the charter measure with the proposed General Election on November 3, 2026; 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 $105,790. 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 will be adequately covered under the City Clerk Department fund budget for Fiscal Year 2026-27. 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 4920-2185-6426 v1 City Council Meeting May 26, 2026 Page 7 of 7 Prepared by: 12 acheb 12 LcYuM.cwv Rachel Richman, City Attorney Attachments: A. Resolution No. 2026-20 with Exhibit A — Draft Charter B. Staff Report and attachments of Second Public Hearing on April 21, 2026 C. Notice of Public Hearing for May 26, 2026 4920-2185-6426 vl Attachment A Resolution 2026-20 RESOLUTION NO. 2026-20 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 3, 2026; 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 MUNICIPAL ELECTION AND REQUESTING THAT THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY CONSENT TO THE CONSOLIDATION OF THE BALLOT MEASURE WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026 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 X1, 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 including discussing the item for 2024 special election, and committee meetings, a proposed charter was presented to the City Council on May 26, 2026, 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 March 10 and April 21, 2026, 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 3, 2026; and 4937-9211-5370 vl 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 General Election being held on November 3, 2026. 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 3, 2026, 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] 4937-9211-5370 v1 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.rosemeadea.gov. [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 14, 2026, 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 14, 2026, 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 24, 2026, 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] 4937-9211-5370 vl SECTION 8. Request to Consolidate and Conduct Election and Canvass Returns. (a) The City Council hereby calls for a 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 3, 2026, 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 3, 2026, as required by law, and the Board of Supervisors of Los Angeles County is authorized to canvass the returns of the election with respect to the votes cast in the City of Rosemead and certify the results to the City Council of the City of Rosemead. (d) At the first regular meeting of the City Council of the City of Rosemead occurring after the returns of the election for the Charter Measure have been canvassed and the results have been certified to the City Council, or at a special meeting called for such purpose if required by law, the City Council shall cause to be entered in its minutes a statement of the results of the election. (e) The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code section 10418. (f) The City Council determines and declares that the City will pay to the County actual expenses incurred by the County by the consolidation of the 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 4937-9211-5370 v1 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 3, 2026, 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 day of 2026. Sandra Armenia Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk 4937-9211-5370 vl STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2026-20, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the _ day of 2026, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk 4937-9211-5370 v1 Exhibit A Charter 4937-9211-5370 vl 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 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. 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 v3 Attachment B City Council Staff Report Dated April 21, 2026 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGERy� DATE: APRIL 21, 2026 SUBJECT: SECOND PUBLIC HEARING PURSUANT TO GOVERNMENT CODE 34458 ON PROPOSED DRAFT CITY CHARTER 6Y1Ii51i5/:\�•1 On March 10, 2026, the City Council conducted the first public hearing of the draft charter. After holding the first public hearing and receiving public comments, the City Council directed staff to proceed with the second public hearing at a non -regular meeting date, in accordance with Government Code Section 34458. This is the second public hearing required by state law on the draft charter. After holding a second hearing on the draft charter on a non -regular meeting date, 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 May 26, 2026. The deadline to submit the charter to the County for inclusion on the ballot for the November election is August 7, 2026. 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 AGENDA ITEM 3.A City Council Meeting April 21, 2026 Page 2 of 4 34458. Notice of these hearings must be published in a community newspaper and in three public places at least 21 calendar days before each public hearing. The second public hearing must be at least 30 days after the first public hearing. At least one of the public hearings must be a special meeting held outside of normal business hours to facilitate public participation. Tonight's special meeting qualifies as the City's second public hearing on the draft charter. 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- City Council Meeting April 21, 2026 Page 3 of 4 XI, 5 5(b); Cal Gov't year terms. Partial terms Code Section 36502 would count as full (b) terms. Would only apply prospectively Prosecuting Authority City only has the Follows State law Would give the City authority to enforce its authority to establish municipal code unless office of City Prosecutor it receives consent with authority to from County District prosecute City Attorney ordinances and certain State misdemeanors Economic City has limited N/A Power to utilize Development authority to support revenues from the economic general fund to development projects encourage, support and within the City promote economic development Purchasing and Cities must follow Municipal Code Would give Council Contracts State law on Chapters 3.24 authority to adopt own competitive bidding (Purchasing purchasing and System for Non- contracting procedures Public Works by ordinance Contracts) and 3.28 (Public Project Bidding Procedures) follow State requirements for when formal and informal purchasing procedures are permitted Preference for Must follow No preference for Would give Council Veterans contracting veterans or authority to adopt procedures. Public disabled veterans ordinance to give Contracting Code veterans and disabled permits cities to grant veterans a credit of preferences to additional points in disabled veterans, but awarding contracts not veterans City Council Meeting April 21, 2026 Nee 4 of 4 STAFF RECOMMENDATION That the City Council take the following actions: 1. Conduct the Second 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 May 26, 2026 to consider the adoption of the draft charter and placing it on the ballot for the November 3, 2026, election. 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 Second Public Hearing was published in the Rosemead Reader. 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 Ricluman, City Attor Attachments: A. Draft City Charter B. Staff Report, Dated March 10, 2026 with attachments C. Notice of Second Public Hearing 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 v3 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER' 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 Reguirennents to Adopt a City Charier 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 - A, 5 5(b); Cal Gov't year terms. Partiatterms 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 byordinance Contracts) and 3.28 (Public Project Bidding Procedures) follow State requirements for when formal and informal purchasing procedures are permitted Preference for Must follow No preference for Would give Council Veterans contracting veterans or authority to adopt procedures. Public disabled veterans ordinance to give Contracting Code veterans and disabled permits cities to grant veterans a credit of preferences to additional points in disabled veterans, but awarding contracts not veterans City Council Meeting 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: F 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 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 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. 4870-7410-6252 v] 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 tern shall be deemed to have served a full tern. 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. 3870-7410-6252413 Section 2.2. Powers of the City This City shall have all powers that a City can have under the Constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. The enumeration in this Charter of any particular power, duty or procedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. The City shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. This Charter shall be liberally construed to vest the City with all legal authority and powers necessary to protect the health, safety and general welfare of all of the citizens of the City. No person, firm or corporation shall ever exercise any franchise, license, permit, easement, privilege or other use, except in so far as he or it may be entitled to do so by direct authority of the Constitution of the State of California, or of the Constitution or laws of the United States, in, upon, over, under or along any street, highway or other public place in the City unless they shall have first obtained a grant therefor in accordance with the provisions of this Charter. Franchises shall be granted by the City Council only in the time and manner, and for such purposes, as may be prescribed or authorized by the constitution or by applicable laws of this state. The City may exercise all or any of the powers herein set forth singly or jointly with other public agencies in the manner provided by general law. Section 2.3. Enterprises The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Section 2.4. Economic Development The City shall encourage, support, and promote economic development and community development in the City. The City shall have the power to utilize revenues from the general fund to encourage, support and promote economic development. The City may undertake economic development activities for the purpose of promoting the general health and welfare of the inhabitants of the City, job creation, improving market rate and affordable housing options, improving retail and commercial options, improving dining, entertainment and recreation options, and improving the City's tax base thereby furthering the City's ability to enhance and provide municipal services to its residents. The economic development activities authorized by this section are municipal affairs. 4870-7410-6252 v3 Section 2.5. Officers and Employees The City Council may, by ordinance, establish a merit system for City employees. Such system may include provisions for the method of the selection of employees, the classification, advancement, suspension, discharge, termination of such employees, and the consolidation and elimination of positions. The said merit system shall apply as to each office or position of employment with the City, except. A. Elective and appointive officers; B. Part-time or temporary officers and employees; and C. Members of boards and commissions. Such system may be established or amended, by ordinance of the City Council, from time to time, as may be required in the discretion of the City Council in the public interest. Section 2.6. City Prosecutor The City shall have the authority to establish an office of City Prosecutor. Such establishment will be by adoption of ordinances and resolutions which direct the City Attorney or another qualified attorney to prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter, City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. Section 2.7. Fines, Penalties and Cost Recovery The City shall have the power to enact ordinances providing for different penalties for violations of its ordinances, and/or this Charter, and to prescribe in such ordinances, forfeitures, penalties and punishments for the violation thereof, which punishment shall be by fine or imprisonment, or by both fine and imprisonment. Section 2.8. General Law Powers Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or hereafter granted or prescribed by the general law of the State of California. All general law powers of cities in California are hereby declared to be possessed by the City. in the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control. ARTICLE 3 Fiscal Matters Section 3.1. Purchasing and Contracts The City Council may, by ordinance, adopt purchasing and contracting procedures, thresholds and requirements within its municipal affairs authority. 4870-7410-6252 v3 Section 3.2. Preference for Veterans The City Council may, by ordinance, adopt purchasing and contracting procedures, which give to veterans and disabled veterans a credit of additional points, preference or increased grading in the determination of awards of contracts. Documentary proof of eligibility for Veteran's Preference Credits and exemption from the eligibility limitation must be submitted prior to approval of the City. In the case of a tie grade between a veteran and non -veteran, the veteran shall be ranked highest. Section 3.3. Reductions Prohibited Revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. Section 3.4. Mandates Limited No person, whether elected or appointed, acting on behalf of the City shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority. ARTICLE 4 AMENDMENT 4.1 Amendment This Charter and any of its provisions may be amended by a majority vote of the electors voting on the questions. Amendment, revision or repeal may be proposed by initiative or by the governing body. ARTICLE 5 INTERPRETATION Section 5.1. Construction and Interpretation The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair. Section 5.2. Severability If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. 4870.7410-6252 0 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 SUMMARY Cities in California are either general law cities or charter cities. General law cities may only adopt and enforce ordinances and regulations that are consistent with the laws of the State of California. In contrast, charter cities which are authorized by the California constitution may adopt and enforce ordinances and regulations regarding municipal affairs subject only to the limitations contained in the city's charter. The City of Rosemead is a general law city. The City Council has been discussing converting to a charter city by placing a city charter on the ballot at the November 5, 2024 election. At its March 26, 2024 meeting, the City Council directed that a draft charter be set for public hearing pursuant to State law. As required by State law, the City then conducted two public hearings on the proposed charter on May 28 and June 27, 2024. After holding a second hearing on the draft charter, the City Council may vote to adopt a motion submitting the proposed charter to the City's voters. The purpose of this meeting is to consider whether to approve Resolution No. 2024-41, placing the proposed charter on the ballot at the November 5, 2024 election. If the City Council approves Resolution No. 2024-41, the City would not become a charter city. Only the City's voters can authorize a conversion of the City from a general law to a charter city. A majority of the City's voters must approve the measure for the City to become a charter city. AGENDA ITEM 4.A City Council Meeting July 23, 2024 Page 2 of 7 DISCUSSION A charter acts as a constitution for a city. Article XI, section 3(a) of the California Constitution grants cities' voters the ability to adopt a charter. The City Council may adopt a charter, but to go into effect, it must be approved by the City's voters. Since 2023, several Charter Committee meetings were held as well as several City Council meetings to discuss the merits of becoming a charter city and what provisions to include in the charter. At its March 26`x' 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 letters 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 General Law City Rosemead Proposed Charter Municipal Code General Charter Law None None Provides thatto 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 forterm No term limits Term limits would be imposed limits. Cal. Const. art. A 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 generatfund to encourage, development projects support and promote within the City economic development Purchasingand Cities must follow State MunicipatCode 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 requirementsfor when formal and informal purchasing procedures are permitted Preference for Must follow contracting No preference for Would give Council authority Veterans procedures. Public veterans or to adopt ordinance to give Contracting Code permits disabled veterans veterans and disabled cities to grant preferences veterans a credit of additional to disabled veterans, but points in awarding contracts notveterans where permissible City Council Meeting July 23, 2024 Page 6 of 7 STAFF RECOMMENDATION The City Council discuss and determine as follows: 1. As it relates to items to include in Resolution No. 2024-41: ➢ Ballot Language for the Resolution. ➢ If the Council wants to select a letter(s) to designate the Ballot measure and if so what the letter(s) should be. ➢ If the Council wants to submit an argument in favor of the measure and potential rebuttal and designate up to two Councilmembers to submit on behalf of the Council as whole or in part of the Council. ➢ City Council determine what Ballot Text to include. 2. Consider whether to adopt Resolution No. 2024-41, placing a proposed Charter for the City on the ballot at the November 5, 2024, election for the City's voters; Call for special municipal election and request that the Los Angeles County Board of Supervisors consolidate the charter measure with the proposed General Election on November 5, 2024; and 3. Provide additional direction related to the Charter Ballot Measure as necessary. FISCAL IMPACT The County has estimated that the initial cost to consolidate the election will be approximately $92,100. However, that amount is also impacted by whether the Council wants to publish the entire Charter in the Ballot materials which will increase the overall cost of the election. The cost of the election is adequately covered by the General Fund (Fund 101) contingency fund budget in Fiscal Year 2024-25. ENVIRONMENTAL REVIEW This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA" ), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process and as required under the Elections Code City Council Meeting July 23, 2024 Page 7 of 7 Prepared by: Rac %eLRCc�uNta vt 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 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 Iaw 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 Xl, 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 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.ora. [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. Steven Ly, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) 1, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2024-41, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 23rd day of July 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk EXHIBIT "A" CITY OF ROSEMEAD CITY CHARTER u We, the people of Rosemead enact this Charter to preserve and enhance the economic and social quality of life in our community. Resolutely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City. We do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Rosemead and to ensure that all municipal affairs that may be controlled by the City as a local control shall be. ARTICLE 1 GOVERNANCE Section 1.1. Incorporation and Succession The City shall continue to be a municipal corporation known as the City of Rosemead. The boundaries of the City of Rosemead shall continue as now established until changed in the manner authorized by law. The City shall remain vested with and shall continue to own, have, possess, control and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled, or enjoyed by it at the time this Charter takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the City at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 1.2. Council -Manager Form of Government The municipal government established by this Charter shall be known as the "Council -Manager" form of government. Section 1.3. Governing Body The City shall be governed by a City Council composed of five Council Members. The adoption of this Charter shall not in any way alter the current terms of sitting Council Members or the date of elections for City Council. Section 1.4. City Council Salaries Council Members shall receive compensation for their services in accordance with the provisions of State law. 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 0 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 Iaw of the State of California. All general law powers of cities in California are hereby declared to be possessed by the City. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control. ARTICLE 3 Fiscal Matters Section 3.1. Purchasing and Contracts The City Council may, by ordinance, adopt purchasing and contracting procedures, thresholds and requirements within its municipal affairs authority. 4870.7410-6252 v3 Section 3.2. Preference for Veterans The City Council may, by ordinance, adopt purchasing and contracting procedures, which give to veterans and disabled veterans a credit of additional points, preference or increased grading in the determination of awards of contracts. Documentary proof of eligibility for Veteran's Preference Credits and exemption from the eligibility limitation must be submitted prior to approval of the City. In the case of a tie grade between a veteran and non -veteran, the veteran shall be ranked highest. Section 3.3. Reductions Prohibited Revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. Section 3.4. Mandates Limited No person, whether elected or appointed, acting on behalf of the City shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority. ARTICLE 4 AMENDMENT 4.1 Amendment This Charter and any of its provisions may be amended by a majority vote of the electors voting on the questions. Amendment, revision or repeal may be proposed by initiative or by the governing body. ARTICLE 5 INTERPRETATION Section 5.1. Construction and Interpretation The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair. Section 5.2. Severability If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. 4670-7410-6252 v3 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR LY AND CITY COUNCIL In FROM: BEN KIM, CITY MANAGER DATE: JUNE 27. 2024 SUBJECT: SECOND PUBLIC HEARING PURSUANT TO GOVERNMENT CODE 34458 ON PROPOSED DRAFT CITY CHARTER SUMMARY Over the last year and a half, the City Council has been discussing becoming a charter law city and placing the issue on the ballot at the November 5, 2024, election. At its March 26, 2024, meeting, the City Council directed that a draft charter be set for public hearings pursuant to State law. This is the second public hearing required by State law on the draft charter. The City's first public hearing on the draft charter was on May 28, 2024. After holding a second hearing on the draft charter, the City Council at an upcoming meeting may vote to adopt a motion submitting the proposed charter to the City's voters. The City Council must wait 21 days after the second public hearing before adopting this motion at a regular meeting, which would be on July 23, 2024. The deadline to submit the charter to the County for inclusion on the ballot for the November election is August 9, 2024. For further details on the Charter and prior Council meetings on the Charter, please see attached staff reports from the last year plus on the Charter topic At the Council meeting public hearing of May 28, 2024, the City received three public comments as well as one in-person verbal comment. Those conmients were heard and considered by the Council. At the May 28 Council meeting, two requests for additional information were made by Councilmember Clark. The first question related to whether the City can enforce a different criminal penalty from state law given the changes under Proposition 47; the second question was what State laws have Charter cities been able to regulate as they chose versus being subject to State Law compared to General law cities. AGENDA ITEM 4.A City Council Meeting June 27, 2024 Page 2 of 7 In General, Cities Cannot Adopt or Enforce Criminal Ordinances that Conflict with State Law In general, a California city has authority to adopt local ordinances provided there is no express or implied preemption under state law. In general, if local regulation conflicts with state law, it is preempted and void. Local regulation can also be preempted by federal regulation. A conflict exists when local legislation duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication. As it relates to Penal code violations courts have generally held that if the State already specifically regulates the area that City's may not also regulate that area. For example, sex offender restrictions, People v. Nguyen, (2014) 222 Cal. App. 4th 1168. As it relates to the classification of crimes such as what was enacted under Proposition 47, crimes that have specifically be determined to be misdemeanors or felonies cannot have different penalties. That applies to both charter law and general law cities. As it relates to a Charter law cities' ability to become engaged in the enforcement of State Penal Code statutes that the District Attorney's office is electing to not prosecute, as we have discussed such activity require that we obtain District Attorney approval. Although the current DA Gascon is very unlikely to approve the request, a different DA may be agreeable as such requests were granted in the past. For further information on other LA County charter cities that enforce State Penal codes, please see email from me to the Council that was also provided to the public, dated October 10, 2023, and attached to this Staff Report. Comparison of Local Cities with Charters that Follow their Own ReRulafrons 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 Land Use Elections Term Limits Council Compensation/ Sti end 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 are on per month), but general cities or consistent the fust Tuesday can be changed City Council with General after the first by voters at an ordinance; bans Plant Monday in election. There contracts for March of even- was a I996 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 first general law; that Vesting Monday in Chapter 2-11: City Tentative I March of even- I complies with I Alhambra Municipal Code Section 23.08.100. 2 Alhambra Charter Section 11.5. 3 Alhambra Charter Article XIX. ' Temple City Charter Section 502. ' Temple City Charter Section 605. City Council Meeting June 27, 2024 Page 4 of 7 City Land -u --se Elecfions Term Council Public Contracts Limits Compensation/ Stipend maps and numbered years. Uniform Public various Otherwise, in Construction Cost development accordance with Accounting Act; projects must Elections Code' Chapter 2-5: be consistent permits with General cooperative Plan purchasing, design -build contracts, local vendor preference program. Formal contract procedure for purchases and contracts over $25,000.00' 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 Plane with Statewide the issue Committee, under $500 and primary election. which submits exemptions for Nominating report to City sole source, petition of 50 Council; need amount set by people for City 2/3rds Council ordinance, real Council approval and property candidates. majority of purchases, Otherwise, must electors to professional comply with increase services, Elections Code' compensation. emergency work, No more than a with other public 5% increase a agencies, and year and can't design -build or have two contracts utilizing increases in any alternative project two calendar delivery ear eriod10 methods." Huntington No general All general No term $175 per month Contracts for Beach plan elections are on limits and construction/im r 4 Temple City Charter Article V. 7 Temple City Charter Section 607. 8 Pasadena Municipal Code Section 17.10.010. ' Pasadena Charter Article XII. 16 Pasadena Charter Section 405. 11 Pasadena Charter Article X. City Council Meeting June 27, 2024 Page 5 of 7 City Land Use Elections Term Limits Council Compensation/ Sti end Public Contracts consistency the first Tuesday reimbursement ovement of public requirement. after the first for travel. buildings, streets, Monday in Compensation parks etc are HB has filed November in can be set by awarded to the lawsuits even -numbered ordinance in lowest responsible alleging that years; Elections addition to the bidder with the SB 9 and the are to be in base amounts in dollar threshold State's accordance with charterl3 set by Council RHNA Elections Code. ordinance14 calculations if conflict, do not apply charter prevails. or are flawed Recently added Section 705 (Special Provisions Relating to Municipal Elections), which allows City to "verify the eligibility of Electors by voter identification" and monitor ballot drop boxes. California sued HB over Section 70512 Court Rulings Involving Extent of Charter Powers The table below summarizes several court rulings that confirmed the authority of charter law cities. Case Ruling Mackey v. Thiel (1968) 262 Cal. App. 2d 362 Charter cities can conduct their elections according to their own standards if it does not conflict with State/Federal law 12 Huntington Beach Charter Article VII. 13 Huntington Beach Charter Section 302. 14 Huntington Beach Charter Section 614. City Council Meeting June 27, 2024 Page 6 of 7 Case Ruling Howard Contracting, Inc. v. G . MacDonald Not required to comply with bidding statutes Constr. Co. (1998) 71 Cal. App. 4th 38, 51 provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair City of Redondo Beach et al v. State of California Charter cities not subject to SB 9 lot split bill (Case Number 22STCPO1143) (Trial court decision only not binding on any otherparties) Johnson v. Bradley 1992 4 Cal. 4th 389 Allows for public financing of elections Brougher v. Bd. of Public Works (1928) 205 Cal. Charter cities may establish own procedures for 426 enacting ordinances and resolutions County of Los Angeles v. City of Los Angeles May enact ordinances providing for various (1963) 219 Cal. App. 2d 838, 844 penalties so long as such penalties do not exceed any maximum limits set by the charter Cohn v. City of Oakland (1990) 223 Cal. App. 3d May impose real property transfer tax 261; Fielder v. City of Los Angeles (1993) 14 Cal. App, 4th 137 Tevis v. City and County of San Francisco, 43 California Constitution Article XVI, § 6, Ca1.2d 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 of Los in municipal affairs. Angeles, 188 Ca1.307, 317-18 (1922) • payment of wages to public employees is a municipal affair • the sale and distribution of electrical energy manufactured by the city is a municipal affair STAFF RECOMMENDATION The City Council: L Conduct the Public Hearing and take any public comment. 2. Discuss and provide any direction on the draft City charter; and 3. Vote on whether to schedule a public hearing on July 23, 2024 to consider the adoption of the draft charter and placing it on the ballot for the November 5, 2024, election. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. Costs for the election are included in prior staff reports. City Council Meeting June 27, 2024 Page 7 of 7 ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the required public hearing notice for charter public hearings under Government Code 34458 and the regular agenda notification process. Prepared by:: 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 CITY OF ROSEMEAD CITY CHARTER We, the people of Rosemead enact this Charter to preserve and enhance the economic and social quality of life in our community. Resolutely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City. We do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Rosemead and to ensure that all municipal affairs that may be controlled by the City as a local control shall be. ARTICLE 1 GOVERNANCE Section 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. 4670-74105252 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 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. 4670-7410-6252 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 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 0 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: MAY 28, 2024 SUBJECT: PUBLIC HEARING PURSUANT TO GOVERNMENT CODE 34458 ON DRAFT CITY CHARTER SUMMARY The City Council has been discussing placing a city charter on the ballot at the November 5, 2024 statewide general election. At its March 26, 2024 meeting, the City Council directed that a draft charter be set for public hearing pursuant to State law. This is the first public hearing required by State law on the draft charter. The City Council will be conducting a second hearing on the draft charter at a special meeting on June 27, 2024. After holding a second hearing on the draft charter, the City Council may vote to adopt a motion submitting the proposed charter to the City's voters. The City Council must wait 21 days after the second public hearing before adopting this motion. The deadline to submit the charter to the County for inclusion on the ballot for the November election is August 9, 2024. A charter acts as a constitution for a city. Article XI, section 3(a) of the California Constitution grants cities' voters the ability to adopt a charter. The City Council may adopt a charter, but to go into effect, it must be approved by the City's voters. Over the prior year of 2023, several Charter Committee meetings were held as well as several City Council meetings to discuss the merits of becoming a Charter Law City and what provisions to include in the Charter. At its March 260' Council meeting, the City Council directed that public hearings be held to receive further public input. Public Hearing Requirements to Adopt a City Charter The purpose of this meeting is to discuss the proposed charter and specifically hear from the public on the charter. Before submitting the proposed charter to the voters, the City Council must hold at least two public hearings on the charter as required by Government Code Section 34458. Notice of these hearings must be published in a community newspaper and in three AGENDA ITEM 4.A City Council Meeting May 28, 2024 Page 2 of 4 public places at least 21 calendar days before each public hearing. The second public hearing must be at least 30 days after the first public hearing. At least one of the public hearings must be a special meeting held outside of normal business hours to facilitate public participation. Tonight's meeting qualifies as the City's first public hearing on the draft charter. The next meeting is set for June 27. After holding the two public hearings, the City Council may then adopt a motion submitting the proposed charter to the City's voters. The City Council, however, must wait 21 days after the second public hearing before adopting this motion. The deadline to submit the proposed charter to the County Clerk to get on the ballot for the November 2024 statewide general election is 88 days before the election, which would be August 9, 2024. Differences between General Law and Charter Cities Cities that are not governed by a charter are called "general law cities." The primary distinction between a general law city and a charter city is that charter cities have the ability to adopt rules and regulations over "municipal affairs" that are different than State law and apply to general law cities. For instance, general law cities must use the city -manager form of government. Charter cities, on the other hand, can use other forms of self-government, including the "strong mayor" form. Other distinctions are that charter cities may establish their own election dates, rules, and procedures, can have public financing of elections, establish council members' salaries, and have greater public contracting and taxing authority. Recently, several charter law cities prevailed in trial court that SB 9 lot split requirement do not apply to charter law cities. Such similar case by general law cities failed. The League of California Cities has developed a chart which provides the general areas that Charter law cities may choose to regulate, and the City used that chart to assist in guiding its provisions. Terms of Proposed Charter The table below highlights the key differences between the proposed charter and the City's current general law city status. The Charter itself should be reviewed in full. subject Matter General Law City Rosemead Municipal Code Proposed Charter General Charter Law None None Provides that to the Powers extent there are Charter powers that may be exercised by the City, it retains all of those rights except where stated otherwise in the Charter Term limits May provide for term No term limits Term limits would be Limits. Cal. Const. art. imposed after five four - XI, 5 5(b); Cal Gov't year terms. Partial terms City Council Meeting May 28, 2024 Page 3 of 4 Code Section 36502 would count as full (b) terms. Would only apply prospectively Prosecuting Authority City only has the Follows State taw 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, supportand 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 byordinance 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 May 28, 2024 Page 4 of 4 STAFF RECOMMENDATION That the City Council take the following actions: 1. Conduct the Public Hearing and take any public comment; 2. Discuss the Charter and provide direction on the City charter; and 3. Direct that the next Public Hearing be noticed for June 27, 2024 FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. In addition, the Notice of Public Hearing was published in the Rosemead Reader, May 6, 2024. The public hearing notice was also published and translated into the following languages and published in their respective newspapers, Chinese L.A Daily News, La Opinion, and Saigon Times. Prepared by: Rachel Richman, City Attorney Attachments: A. Draft City Charter B. January 24, 2023 Staff Report C. February 14, 2023 Staff Report D. September 26, 2023 Staff Report E. October 10, 2023 Staff Report F. March 26, 2024 Staff Report G. Notice of Public Hearing 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 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. 4870-7410-6252 A Section 1.5. Eligibility for City Council Only persons meeting the requirements set forth in the general laws of the State of 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 EIections Code governing municipal elections. Section 1.7. Council Vacancies The determination as to when a Council Member has vacated their Council seat and the process for filling such vacancy shall be as set forth in the California Government Code. Section 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 repeat 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 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER S--� DATE: JANUARY 24, 2023 SUBJECT: DISCUSSION OF FORMING A SUBCOMMITTEE TO EVALUATE THE POTENTIAL AS A CHARTER CITY SUMMARY Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the potential as a Charter city. STAFF RECOMMENDATION It is recommended that the City Council discuss and provide further direction to City staff. FISCAL IMPACT None. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by Ericka Hernandez City Clerk Attachment A: General Law City v. Charter City AGENDA ITEM 6.A General Law City v. Charter City Characteristic General Law City Charter City Ability to Govern Bound by the state's general law, Has supreme authority over "municipal Municipal Affairs regardless of whether the subject concerns affairs." Cal. Const. art. XI, § 5(b). a municipal affair. Form of Government State law describes the city's form of Charter can provide for any form of government. For example, Government government including the "strong mayor," Code section 36501 authorizes general law and "city manager" forms. See Cal. Const. cities be governed by a city council of five art. XI, § 5(b); Cal. Gov't Code § 34450 et members, a city clerk, a city treasurer, a seq. police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section 34871. The Government Code also authorizes the "city manager" form of government. Cal. Gov't Code § 34851. Elections Generally Municipal elections conducted in Not bound by the California Elections Code. accordance with the California Elections May establish own election dates, rules, and Code. Cal. Elec. Code §§ 10101 et seq. procedures. See Cal. Const. art. Xi, § 5(b); Cal. Elec. Code §§ 10101 et seq. Methods of Elections Generally holds at -large elections whereby May establish procedures for selecting voters vote for any candidate on the ballot. officers. May hold at -large or district Cities may also choose to elect the city elections. See Cal. Const. art. XI, § 5(b). council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code §§ 34902. In cities of 100,000 or less, a vote of the people is not required to switch to electing council by districts. Cal. Gov't Code § 34886. City Council Member Minimum qualifications are: Can establish own criteria for city office Qualifications provided it does not violate the U.S. 1. United States citizen Constitution. Cal. Const. art. XI, § 5(b), 2. At least 18 years old 82 Cal. Op. Att'y Gen. 6, 8 (1999). 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Cal. Elec. Code § 321; Cal. Gov't Code §§ 34882, 36502; 87 Cal, Op. Att'y Gen. 30 (2004). RN #4814-2902-0717 v i Characteristic General Law City Charter City Public Funds for Candidate No public officer shall expend and no Public financing of election campaigns is in Municipal Elections candidate shall accept public money for the lawful. Johnson v. Bradley, 4 Cal. 4th purpose of seeking elected office. Cal. Gov't 389 (1992). Code § 85300. Term Limits May provide for term limits. Cal. Gov't May provide for term limits. Cal. Const. art. Code § 36502(b). XI, § 5(b); Cal Gov't Code Section 36502(b). Vacancies and Termination An office becomes vacant in several May establish criteria for vacating and of Office instances including death, resignation, terminating city offices so long as it does removal for failure to perform official duties, not violate the state and federal electorate irregularities, absence from constitutions. Cal. Const. art. XI, § 5(b). meetings without permission, and upon non -residency. Cal. Gov't Code §§ 1770, 36502, 36613. Council Member Salary -ceiling is set by city population and May establish council members' salaries. Compensation and salary increases set by state law except for See Cal. Const. art. XI, § 5(b). If a city Expense Reimbursement compensation established by city electors. provides any type of compensation or See Cal. Gov't Code § 36516. If a city payment of expenses to council members, provides any type of compensation or then all council members are required to payment of expenses to council members, have two hours of ethics training. See Cal. then all council members are required to Gov't Code §§ 53234 - 53235. have two hours of ethics training. See Cal. Gov't Code §§ 53234 - 53235. Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local days of introduction unless they are urgency ordinances. Brougher v. Bd. of Public ordinances. Cal. Gov't Code § 36934. Works, 205 Cal. 426 (1928). Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Gov't Code § 36934. Resolutions May establish rules regarding the May establish procedures for adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repealing resolutions. v. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum Requirements quorum for transaction of business. Cal. requirements. However, certain legislation Gov't Code § 36810. requiring supermajority votes is applicable to charter cities. For example, see California All ordinances, resolutions, and orders for Code of Civil Procedure section 1245.240 the payment of money require a recorded requiring a vote of two-thirds of all the majority vote of the total membership of the members of the governing body unless a city council. Cal. Gov't Code § 36936. greater vote is required by charter. Specific legislation requires supermajority votes for certain actions. R7 V #4814-2902-07[7 v] Characteristic General Law City Charter City Rules Governing Ralph Brown Act is applicable. Cal. Ralph Brown Act is applicable. Procedure and Decorum Gov't Code §§ 54951, 54953(a). Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 of seq. Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 at seq. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. Personnel Matters May establish standards, May establish standards, requirements and procedures for requirements, and procedures, hiring personnel consistent with including compensation, terms and Government Code requirements. conditions of employment for personnel. See Cal. Const, art. Xl, § May have "civil service" system, 5(b). which includes comprehensive procedures for recruitment, hiring, Procedures set forth in Meyers - testing and promotion. See Cal. Milias-Brown Act (Cal. Gov't Code § Gov't Code § 45000 at seq. 3500) apply, but note, "[T]here is a clear distinction between the Meyers-Milias-Brown Act applies. substance of a public employee labor Cal. Gov't Code § 3500. issue and the procedure by which it is resolved. Thus there is no question Cannot require employees be that'salaries of local employees of a residents of the city, but can require charter city constitute municipal them to reside within a reasonable affairs and are not subject to general and specific distance of their place laws." Voters for Responsible of employment. Cal. Const. art. XI, § Refinement v. Board of Supervisors, 8 10(b). CalAth 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, section 10(b). Contracting Services Authority to enter into contracts for Full authority to contract services as expressly authorized by consistent with charter. statute. See Costa Mesa City Employees Assn v. City of Costa Mesa, May transfer some of its 209 Cal. App. 4th 298 (2012). functions to the county including tax collection, assessment collection and sale of property for nonpayment of taxes and assessments. Cal. Gov't Code §§ 51330, 51334, 51335. RIV #4814-2902-0717 VI Characteristic I General Law City I Charter City Public Contracts Payment of Prevailing Wages Competitive bidding required for public works contracts over $5,000. Cal. Pub, Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $175,000. See Cal. Pub. Cont. Code §§ 22000, 22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code § 4526. In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code § 1771.5(a) -(c). RIV #4814-2902,0717 Y 4 Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code § 1100.7; see R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998). Historically, charter cities were exempt from prevailing wage requirements. Effective January 1, 2015, state law requires charter Gibes to pay prevailing wages on any public works project or else the city will not be eligible to receive state financial assistance for public works projects. Cal. Gov't Code § 1782. Characteristic General Law City Charter City Finance and Taxing Power May impose the same kinds of taxes and Have the power to tax. assessment as charter cities. See Cal. Gov't Code § 37100.5. Imposition of taxes and assessments subject to Propositions 218 and 26, Cal. Const. art. Imposition of taxes and assessments subject XIIIC, § 2, and own charter limitations to Propositions 218 and 26. Cal. Const. art.XIIIC. Have broader assessment powers than a general law city, as well as taxation power as Examples of common forms used in determined on a case -by case basis. assessment district financing include: May proceed under a general assessment • Improvement Act of 1911. Cal. Sts. law, or enact local assessment laws and & High. Code § 22500 et seq. then elect to proceed under the local law. See J.W. Jones Companies v. City of San • Municipal Improvement Act of 1913. Diego, 157 Cal. App. 3d 745 (1984). See Cal. Sts. & High. Code §§ 10000 at seq. May impose business license taxes for any purpose unless limited by state or federal + Improvement Bond Act of 1915. Cal. constitutions, or city charter. See Cal. Const. Sts. & High. Code §§ 8500 at seq. art. XI, § 5. • Landscaping and Lighting Act of May impose real property transfer tax; does 1972. Cal. Sts. & High. Code §§ not violate either Cal. Const art. XIIIA or 22500 at seq. California Government Code section 53725. See Cohn v. City of Oakland, 223 • Benefit Assessment Act of 1982. Cal. App. 3d 261 (1990); Fielder v. City of Cal. Gov't Code §§ 54703 at seq. Los Angeles, 14 Cal. App. 4th 137 (1993). May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal, Gov't Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIIA, § 4; Cal, Gov't Code § 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c). Streets & Sidewalks State has preempted entire field of State has preempted entire field of traffic control. Cal. Veh. Code § 21, traffic control. Cal. Veh. Code § 21. Penalties & Cost Recovery May impose fines, penalties and May enact ordinances providing for various forfeitures, with a fine not exceeding penalties so long as such penalties do not $1,000. Cal. Gov't Code § 36901. exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963). RIV #4814-2902-0717 Y Characteristic General Law City Charter City Public Utilities/Franchises May establish, purchase, and operate May establish, purchase, and public works to furnish its inhabitants operate public works to furnish its with electric power. See Cal. Const. art. inhabitants with electric power. See XI, § 9(a); Cal. Gov't Code § 39732; Cal. Cal. Const. art. XI, § 9(a); Cal. Pub. Util. Code § 10002. Apartment Assn v. City of Stockton, 80 Cal. App. 4th 699 (2000). May grant franchises to persons or corporations seeking to furnish light, May establish conditions and water, power, heat, transportation or regulations on the granting of communication services in the city to franchises to use city streets to allow use of city streets for such persons or corporations seeking to purposes. The grant of franchises can be furnish light, water, power, heat, done through a bidding process, under transportation or communication the Broughton Act, Cal, Pub. Util. Code services in the city. §§ 6001-6092, orwithout a bidding process under the Franchise Act of Franchise Act of 1937 is not 1937, Cal. Pub. Util. Code §§ 6201- applicable if charter provides. Cal. 6302. Pub. Util. Code § 6205. Zoning Zoning ordinances must be consistent Zoning ordinances are not required with general plan. Cal. Gov't Code § to be consistent with general plan 65860. unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code § 65803. RIV #4814-2902-0717 V I 6 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: FEBRUARY 14, 2023 SUBJECT: CONTINUED DISCUSSION OF FORMING A SUBCOMMITTEE TO EVALUATE THE POTENTIAL AS A CHARTER LAW CITY SUMMARY Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the potential of becoming a Charter law city. At the January 24, 2023 meeting, the City Council directed City staff and City Attorney to return with additional information on charter cities, including when a charter measure could be taken before the voters for consideration and the cost of holding a standalone election. The City Council began discussion on forming a subcommittee to evaluate the potential of transitioning from a general law city to a charter law city. During the discussion, the City Council directed city staff to bring back additional information on how many San Gabriel Valley Cities are charter law cities, when a charter measure could be placed on a ballot for voters' consideration, and the cost of holding a standalone election. City staff conducted a survey and found that seven (7) cities are Charter cities out of thirty (30) cities in the San Gabriel Valley. Charter Cities in the San Gabriel Valley City Estimated Population Charter Established Alhambra 81,211 1915 Arcadia 57,500 1951 Industry 440 1976 Irwindale 1,466 1976 Pasadena 139,255 1901 Pomona 151,000 1911 Temple Ci 36,494 1971 7 cities are Charter, out of 30 cities in San Gabriel Valley. AGENDA ITEM 7.0 City Council Meeting February 14,2023 Page 2 of 3 Charter Measure Election Timin California Election Code §§ 9255, 1200 and 1415, provides when the City Council can place a charter proposal measure before the voters. The statutes provide it must be held during a statewide general election. City staff checked with the Los Angeles Registrar-Recorder/County Clerk's office and confirmed that an initial charter proposal under Election Code §1415 states: (a) (1) Except as provided in paragraph (2), a city or city and county charter proposal proposed by the governing body of a city or city and county on its own motion that qualifies pursuant to Section 9255, shall be submitted to the voters at the next established statewide general election pursuant to Elections Code § 1200, occurring not less than 88 days after the date of the order of election. If the initial charter proposal measure is recommended to be placed on a ballot, the next statewide general election is November 2024. Furthermore, the City Council will have to call for a special election on the charter measure to be held in November, since the City's next general municipal election is scheduled for March 2024. Standalone Elections In addition, the City Council directed City staff to provide cost information on holding a standalone election. To conduct a standalone election, City staff found that no vendor offers all the necessary election services like our previous vendor, Martin and Chapman, who went out of business after the passage of Assembly Bill 415. City staff reached out to three cities that conduct standalone elections to better understand how the election landscape has changed. City staff found the City would have to contract with various vendors to provide the necessary services to conduct a standalone election. Services that would require entering into separate agreements with multiple vendors include ballot tabulation services and equipment, ballot printing and Vote by Mail services, purchasing software for vote by mail processing and tracking, consulting services, and hiring temporary staff. In general, a standalone election could cost the City over $200,000 or more, depending on the city's choices to conduct a standalone election. For comparison, Temple City indicated that it spent $222,100 on its March 2022 stand-alone election. Staff was also informed that Temple City intends to consolidate with the County for its next election cycle. Additionally, in speaking to the Los Angeles County Registrar-Recorder/County Clerk, it was mentioned that if the County is holding a statewide election on a date the City is holding a standalone election, there will be separate ballots for voters and separate vote centers or polling locations. STAFF RECOMMENDATION It is recommended that the City Council discuss and provide further direction to City staff. City Council Meeting February 14, 2023 Paee 3 of 3 FISCAL IMPACT None, ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Ericka Hernandez City Clerk Attachment A: General Law City v. Charter City Attachment B: Information from the nonpartisan California League if Cities General Law City v. Charter City Characteristic, General Law City Charter City Ability to Govern Bound by the state's general law, Has supreme authority over "municipal Municipal Affairs regardless of whether the subject concerns affairs." Cal. Const. art. Xi, § 5(b). a municipal affair. Form of Government State law describes the city's form of Charter can provide for any form of government. For example, Government government including the "strong mayor," Code section 36501 authorizes general law and "city manager" forms. See Cal. Const. cities be governed by a city council of five art. XI, § 5(b); Cal. Gov't Code § 34450 et members, a city clerk, a city treasurer, a seq. police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section 34871. The Government Code also authorizes the "city manager" form of government. Cal. Gov't Code § 34851. Elections Generally Municipal elections conducted in Not bound by the California Elections Code. accordance with the California Elections May establish own election dates, rules, and Code. Cal. Elec. Code §§ 10101 et seq. procedures. See Cal. Const. art. XI, § 5(b); Cal. Elec. Code §§ 10101 et seq. Methods of Elections Generally holds at -large elections whereby May establish procedures for selecting voters vote for any candidate on the ballot. officers. May hold at -large or district Cities may also choose to elect the city elections. See Cal. Const. art. XI, § 5(b). council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code §§ 34902. In cities of 100,000 or less, a vote of the people is not required to switch to electing council by districts. Cal. Gov't Code § 34886. City Council Member Minimum qualifications are: Can establish own criteria for city office Qualifications provided it does not violate the U.S. 1. United States citizen Constitution. Cal. Const. art. XI, § 5(b), 2. At least 18 years old 82 Cal. Op. Att'y Gen. 6, 8 (1999). 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Cal. Elec. Code § 321; Cal. Gov't Code §§ 34882, 36502; 87 Cal, Op. Att'y Gen. 30 (2004). RIV #4814-2902-0717 v I Gharai#eristic General Law City Charter City Public Funds for Candidate No public officer shall expend and no Public financing of election campaigns is in Municipal Elections candidate shall accept public money for the lawful. Johnson v. Bradley, 4 Cal. 4th purpose of seeking elected office. Cal. Gov't 389 (1992). Code § 85300. Term Limits May provide for term limits. Cal. Gov't May provide for term limits. Cal. Const. art. Code § 36502(b). XI, § 5(b); Cal Gov't Code Section 36502(b). Vacancies and Termination An office becomes vacant in several May establish criteria for vacating and of Office instances including death, resignation, terminating city offices so long as it does removal for failure to perform official duties, not violate the state and federal electorate irregularities, absence from constitutions. Cal. Const. art. XI, § 5(b). meetings without permission, and upon non -residency. Cal. Gov't Code §§ 1770, 36502,36513. Council Member Salary -ceiling is set by city population and May establish council members' salaries. Compensation and salary increases set by state law except for See Cal. Const. art. XI, § 5(b). If a city Expense Reimbursement compensation established by city electors. provides any type of compensation or See Cal. Gov't Code § 36516. If a city payment of expenses to council members, provides any type of compensation or then all council members are required to payment of expenses to council members, have two hours of ethics training. See Cal. then all council members are required to Gov't Code §§ 53234 - 53235. have two hours of ethics training. See Cal. Gov't Code §§ 53234 - 53235. Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local days of introduction unless they are urgency ordinances. Brougher v. Bd. of Public ordinances. Cal. Gov't Code § 36934. Works, 205 Cal. 426 (1928). Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Gov't Code § 36934. Resolutions May establish rules regarding the May establish procedures for adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repealing resolutions. v. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum Requirements quorum for transaction of business. Cal. requirements. However, certain legislation Gov't Code § 36810, requiring supermajority votes is applicable to charter cities. For example, see California All ordinances, resolutions, and orders for Code of Civil Procedure section 1245.240 the payment of money require a recorded requiring a vote of two-thirds of all the majority vote of the total membership of the members of the governing body unless a city council. Cal. Gov't Code § 36936. greater vote is required by charter. Specific legislation requires supermajority votes for certain actions. RIV 04814-2902-0717 V1 RIV #4814-2902-0717 v I Rules Governing Ralph Brown Act is applicable. Cal. Ralph Brown Act is applicable, Procedure and Decorum Gov't Code §§ 54951, 54953(a). Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 at seq. Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 at seq. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. Personnel Matters May establish standards, May establish standards, requirements and procedures for requirements, and procedures, hiring personnel consistent with including compensation, terms and Government Code requirements, conditions of employment for personnel. See Cal. Const. art. XI, § May have "civil service" system, 5(b). which includes comprehensive procedures for recruitment, hiring, Procedures set forth in Meyers - testing and promotion. See Cal. Milias-Brown Act (Cal. Gov't Code § Gov't Code § 45000 at seq. 3500) apply, but note, "[Tjhere is a clear distinction between the Meyers-Milias-Brown Act applies. substance of a public employee labor Cal. Gov't Code § 3500. issue and the procedure by which it is resolved. Thus there is no question Cannot require employees be that'salaries of local employees of a residents of the city, but can require charter city constitute municipal them to reside within a reasonable affairs and are not subject to general and specific distance of their place laws."' Voters for Responsible of employment. Cal. Const. art. Xl, § Retirement v. Board of Supervisors, 8 10(b). CalAth 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. Xl, section 10(b). Contracting Services Authority to enter into contracts for Full authority to contract services as expressly authorized by consistent with charter. statute. See Costa Mesa City Employees Assn v. City of Costa Mesa, May transfer some of its 209 Cal. App. 4th 298 (2012). functions to the county including tax collection, assessment collection and sale of property for nonpayment of taxes and assessments. Cal. Gov't Code §§ 51330, 51334, 51335. RIV #4814-2902-0717 v I Public Contracts Payment of Prevailing Wages R1V #4814-2902-0717 v1 Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $175,000. See Cal. Pub. Cont. Code §§ 22000,22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code § 4526. In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code § 1771.5(a) -(c). Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code § 1100.7; see R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998). Historically, charter cities were exempt from prevailing wage requirements. Effective January 1, 2015, state law requires charter cities to pay prevailing wages on any public works project or else the city will not be eligible to receive state financial assistance for public works projects. Cal. Gov't Code § 1782. Chan ,cter stir General Law City Charter City Finance and Taxing Power May impose the same kinds of taxes and Have the power to tax. assessment as charter cities. See Cal. Gov't Code § 37100.5. Imposition of taxes and assessments subject to Propositions 218 and 26, Cal. Const. art. Imposition of taxes and assessments subject XIIIC, § 2, and own charter limitations to Propositions 218 and 26. Cal. Const. art.XIIiC. Have broader assessment powers than a general law city, as well as taxation power as Examples of common forms used in determined on a case -by case basis. assessment district financing include: May proceed under a general assessment • Improvement Act of 1911. Cal. Sts. law, or enact local assessment laws and & High. Code § 22500 at seq. then elect to proceed under the local law. See J.W. Jones Companies v. City of San • Municipal Improvement Act of 1913. Diego, 157 Cal. App, 3d 745 (1984). See Cal. Sts. & High. Code §§ 10000 at seq. May impose business license taxes for any purpose unless limited by state or federal • Improvement Bond Act of 1915. Cal. constitutions, or city charter. See Cal, Const. Sts. & High. Code §§ 8500 at seq. art. Xi, § 5. • Landscaping and Lighting Act of May impose real property transfer tax; does 1972. Cal. Sts. & High. Code §§ not violate either Cal. Const art. XIIIA or 22500 at seq. California Government Code section 53725. See Cohn v. City of Oakland, 223 • Benefit Assessment Act of 1982. Cal. App. 3d 261 (1990); Fielder v. City of Cal. Gov't Code §§ 54703 at seq. Los Angeles, 14 Cal. App. 4th 137 (1993). May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal. Gov't Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIIA, § 4; Cal. Gov't Code § 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c). Streets & Sidewalks State has preempted entire field of State has preempted entire field of traffic control. Cal. Ven. Code § 21, traffic control. Cal. Veh. Code § 21. Penalties & Cost Recovery May impose fines, penalties and May enact ordinances providing for various forfeitures, with a fine not exceeding penalties so long as such penalties do not $1,000. Cal. Gov't Code § 36901. exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963). RIV 94814-2902-0717 vl RIV #4814-2902-0717 V 1 6 Public Utilities/Franchises May establish, purchase, and operate May establish, purchase, and public works to furnish its inhabitants operate public works to furnish its with electric power. See Cal. Const. art. inhabitants with electric power. See XI, § 9(a); Cal. Gov't Code § 39732; Cal. Cal. Const. art. XI, § 9(a); Cal. Pub. Util. Code § 10002. Apartment Assn v. City of Stockton, 80 Cal. App. 4th 699 (2000). May grant franchises to persons or corporations seeking to furnish light, May establish conditions and water, power, heat, transportation or regulations on the granting of communication services in the city to franchises to use city streets to allow use of city streets for such persons or corporations seeking to purposes. The grant of franchises can be furnish light, water, power, heat, done through a bidding process, under transportation or communication the Broughton Act, Cal. Pub. Util. Code services in the city. §§ 6001-6092, or without a bidding process under the Franchise Act of Franchise Act of 1937 is not 1937, Cal. Pub. Util. Code §§ 6201- applicable if charter provides. Cal. 6302. Pub. Util. Code § 6205. Zoning Zoning ordinances must be consistent Zoning ordinances are not required with general plan. Cal. Gov't Code § to be consistent with general plan 65860. unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code § 65803. RIV #4814-2902-0717 V 1 6 Information from the nonpartisan California League of Cities: http •//www cacities. orglchartercities Introduction Charter Cities Did you know that, under certain home rule provisions in California's state constitution, voters can exercise a greater degree of local control than that provided by the California Legislature? Becoming a charter city allows voters to determine how their city government is organized and, with respect to municipal affairs, enact legislation different than that adopted by the state. In 2001, the Institute for Local Government, the League's research arm, teamed up with the Hastings Public Law Research Institute to create an informational resource for those interested in understanding more about this special form of local control. The League is grateful to everyone who helped with this project including Phillip Hall of LIC Hastings and the Hastings Public Law Research Institute; Karl Berger of Jenkins & Hogin LLP; Betsy Strauss (Attorney at Law); John Cook (Former City Attorney, Indian Wells); and Harvey Levine (City Attorney, Fremont). In 2007, the League updated these resources and the new documents can be found below. The League would like to thank Hilda Cantu Montoy (Attorney at Law) for her help with the update. Charter Cities: A Quick Summary for the Press and Researchers The following summary was drafted by the League of California Cities' legal staff, in an attempt to give the press and research communities a primer on some frequently asked questions regarding charter cities. Charter Cities vs. General Law Cities — The Basics The California Constitution gives cities the power to become charter cities.i The benefit of becoming a charter city is that charter cities have supreme authority over "municipal affairs."2 In other words, a charter city's law concerning a municipal affair will trump a state law governing the same topica Cities that have not adopted a charter are general law cities. General law cities are bound by the state's general law, even with respect to municipal affairs. Of California's 478 cities, 108 of them are charter cities. The charter city provision of the State Constitution, commonly referred to as the "home -rule" provision, is based on the principle that a city, rather than the state, is in the best position to know what it needs and how to satisfy those needs.< The home -rule provision allows charter cities to conduct their own business and control their own affairs.s A charter maximizes local control. A city charter, in effect a city's constitution, need not set out every municipal affair the city would like to govern. So long as the charter contains a declaration that the city intends to avail itself of the full power provided by the California Constitution, any city ordinance that regulates a municipal affair will govern over a general law of the states Defining 'Municipal Affairs' Determining what is and is not a "municipal affair' is not always straightforward. The California Constitution does not define "municipal affair." It does, however, set out a nonexclusive list of four "core" Information from the nonpartisan California League of Cities: http -//www. cacities. org/chartercities categories that are, by definition, municipal affairs.2 These categories are 1) regulation of the "city police force"; 2) "subgovernment in all or part of a city'; 3) "conduct of city elections"; and 4) "the manner in which ... municipal officers [are] elected."a Beyond this list, it is up to the courts to determine what is and is not a municipal affair. To determine if a matter is a municipal affair, a court will ask whether there are good reasons, grounded on statewide interests, for the state law to preempt a local laws In other words, courts will ask whether there is a need for "paramount state control" in the particular area of law.,o The Legislature's intent when enacting a specific law is not determinativem The concept of "municipal affairs' is fluid and may change over time.12 Issues that are municipal affairs today could become areas of statewide concern in the feture.13 Nonetheless, there are some areas that courts have consistently classified as municipal affairs. These include: • Municipal election matters14 • Land use and zoning decisions (with some exceptions)is • How a city spends its tax dollars16 • Municipal contracts, provided the charter or a city ordinance exempts the city from the Public Contract Code, and the subject matter of the bid constitutes a municipal affair.17 Thus, a charter may exempt a city from the State's competitive bidding statutes. Likewise, there are some areas that courts have consistently classified as areas of statewide concern, including: Traffic and vehicle regulatioma Tort claims against a governmental entity,e Regulation of school systemszo How to Become a Charter City To become a charter city, a city must adopt a charter. There are two ways to adopt a charter: • The city's voters elect a charter commission.21 The commission has the responsibility of drafting and debating the charter. The governing board of the city, on its own motion, drafts the charter.22 In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters.23 For more information about charter cities, please visit the "Charter Cities" section of the League's Web site at hito�llmmvw cacities oro/chadercities. I Cat Const. art. XI, § 3(a). 2 Cal. Const. art. XI, § 5(a). a Johnson Y. Bradley, 4 Cal, 4th 389, 399 (1992). Fragley v. Phelan, 726 Cal. 383, 367 (1699). Id. Information from the nonpartisan California League of Cities: http://Www. cacities. orglcharlercities There are some exceptions to this rule. For example, a charter city is bound by the Public Contract Code unless the city's charter expressly exempts the city from the Code's provisions or a city ordinance conflicts with a provision In the Code. See Cal. Pub. Cont. Code § 1100.7. e Cal. Const. art. XI, § 5(b); Johnson, 9 Cal. 4th at 398. Cal. Const. art. Xl, § 5(b). Johnson, 4 Cal. 4th at 405. 0 Id. x1400. 111d. at 405. Cal. Fed. Savings B Loan Assn v. City of Los Angeles, 54 Cal. 3d 1, 16 (1991); Isaac v. City of Los Angeles, 66 Cal. App. 4th 586, 599 (1998). e Isaac, 66 Cal. App. 4th at 599. Mackey v. Thiel, 262 Cal. App. 2d 362, 365 (1968). ,s See Brougher v. Bo.. of Pub. Works, 205 Cal. 426, 440 (1928). Johnson, 4 Cal. 4th x1407. Pub. Cont. Code § 1100.7; R 8 A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188, 1191 (1985); Howard Contracting, Inc v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38, 51 (1998). 1e Cal. Veh. Code § 21. 1e Halbach v. City of Lang Beach, 50 Cal, App. 2d 242. 247 (1942). 20 Whisman v. San Francisca Unified Sch. Dist 86 Cal. App. 3d 782, 789 (1978). r Cal. Govt Code § 34451. Cal, Gov't Code § 34458. 26 Cal. Gov't Code §§ 34457, 34462. General Law City v. Charter City Characteristic General Law City Charter City Ability to Govern Bound by the state's general law, regardless Has supreme authority over "municipal Municipal Affairs of whether the subject concerns a municipal affairs." Cal. Const. art. XI, § 5(b). affair. Form of Government State law describes the city's fonn of Charter can provide for any form of government For example, Government government including the "strong mayor," Code section 36501 authorizes general law and "city manager' forms. See Cal. Const, cities be governed by a city council of five art. XI, § 5(b); Cal. Gov't Code § 34450 et members, a city clerk, a city treasurer, a seq. police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section 34871. The Government Code also authorizes the "city manager" form of government. Cal. Gov't Code § 34851. Elections Generally Municipal elections conducted in accordance Not bound by the California Elections Code. with the California Elections Code. Cal. Elec. May establish own election dates, rules, and Code §§ 10101 at seq.. procedures. See Cal. Const. art. XI, § 5(b); Cal. Elea Code §§ 10101 et seq.. Methods of Elections Generally holds at -large elections whereby May establish procedures for selecting voters vote for any candidate on the ballot. officers. May hold at -large or district Cities may also choose to elect the city elections. See Cal. Const. art. Xi, § 5(b). council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code §§ 34902. City Council Member Minimum qualifications are: Can establish own criteria for city office Qualifications provided it does not violate the U.S. 1. United States citizen Constitution. Cal. Const. art. XI, § 5(b), 82 2. At least 18 years old Cal. Op. Att'y Gen. 6, 8 (1999). 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Cal. Eiec. Code § 321; Cal. Gov't Code §§ 34882, 36502; 87 Cal. Op. Att'y Gen. 30 (2004). Characteristic General Law City Charter City Public Funds for Candidate No public officer shall expend and no Public financing of election campaigns is in Municipal Elections candidate shall accept public money for the lawful. Johnson v. Bradley, 4 Cal. 4th 389 purpose of seeking elected office. Cal. Govt (1992). Code § 85300. Term Limits May provide for term limits. Cal. Gov't Code May provide for term limits. Cal. Const. art. § 36502(b). XI, § 5(b); Cal Gov't Code Section 36502 (b). Vacancies and Termination An office becomes vacant in several May establish criteria for vacating and of Office instances including death, resignation, terminating city offices so long as it does not removal for failure to perform official duties, violate the state and federal constitutions. electorate irregularities, absence from Cal. Const. art. XI, § 5(b). meetings without permission, and upon non- residency. Cal. Gov't Code §§ 1770, 36502, 36513. Council Member Salary-ceiling is set by city population and May establish council members' salaries. Compensation and salary increases set by state law except for See Cal. Const. art. XI, § 5(b). If a city Expense Reimbursement compensation established by city electors, provides any type of compensation or See Cal. Gov't Code § 36516. If a city payment of expenses to council members, provides any type of compensation or then all council members are required to payment of expenses to council members, have two hours of ethics training. See Cal. then all council members are required to Govt Code §§ 53234 - 53235. have two hours of ethics training. See Cal. Govt Code §§ 53234 - 53235. Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local days of introduction unless they are urgency ordinances. Brougher v. Bd. of Public Works, ordinances. Cal. Gov't Code § 36934. 205 Cal. 426 (1928). Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Govt Code § 36934. Resolutions May establish rules regarding the May establish procedures for adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repealing resolutions. v. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum Requirements quorum for transaction of business. Cal. requirements. However, certain legislation Gov't Code § 36810. requiring supermajority votes is applicable to charter cities. For example, see California All ordinances, resolutions, and orders for Code of Civil Procedure section 1245.240 the payment of money require a recorded requiring a vote of two-thirds of all the majority vote of the total membership of the members of the governing body unless a city council. Cal. Govt Code § 36936. greater vote is required by charter. Specific legislation requires supermajority, votes for certain actions. I Characteristic I General Law City I Charter City Rules Governing Procedure and Decorum Personnel Matters Contracting Services Ralph Brown Act is applicable. Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal, Gov't Code § 87300 et seq.. May establish standards, requirements and procedures for hiring personnel consistent with Government Code requirements. May have "civil service" system, which includes comprehensive procedures for recruitment, hiring, testing and promotion See Cal. Gov't Code § 45000 at seq. Meyers-Milias-Brown Act applies. Cal. Govt Code § 3500. Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, § 10(b). Authority to enter into contracts to carry out necessary functions, including those expressly granted and those implied by necessity. See Cal. Gov't Code § 37103; Carruth v. City of Madera, 233 Cal. App. 2d 688 (1965). Ralph Brown Act is applicable. Cal. Gov't Code §§ 54951, 54953(a), Conflict of interest laws are applicable. See Cal. Godt Code § 87300 et seq.. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. May establish standards, requirements, and procedures, including compensation, terms and conditions of employment for personnel. See Cal. Const. art. XI, § 5(b). Procedures set forth in Meyers-Milias-Brown Act (Cal. Gov't Code § 3500) apply, but note, "(Tjhere is a clear distinction between the substance of a public employee labor issue and the procedure by which it is resolved. Thus there is no question that'salaries of local employees of a charter city constitute municipal affairs and are not subject to general laws."' Voters for Responsible Retirement v. Board of Supervisors, 8 Cal.4th 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, section 10(b). Full authority to contract consistent with charter. May transfer some of its functions to the county including tax collection, assessment collection and sale of property for non- payment of taxes and assessments. Cal. Gov't Code §§ 51330, 51334, 51335. Characteristic ( General Law City I Charter City Public Contracts Payment of Prevailing Wages Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $100,000. See Cal. Pub. Cont. Code §§ 22000, 22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code § 4526. In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code § 1771.5(a) -(c). Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code § 1100.7; see R & A Vending Services, Inc. V. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998). Historically, charter cities have not been bound by state law prevailing -wage requirements so long as the project is a municipal affair, and not one funded by state or federal grants. Vial v. City of San Diego, 122 Cal. App. 3d 346, 348 (1981). However, there is a growing trend on the part of the courts and the Legislature to expand the applicability of prevailing wages to charter cities under an analysis that argues that the payment of prevailing wages is a matter of statewide concern. The California Supreme Court currently has before them a case that will provide the opportunity to decide whether prevailing wage is a municipal affair or whether it has become a matter of statewide concern. Characteristic General Law City Charter City Finance and Taxing Power May impose the same kinds of taxes and Have the power to tax. assessment as charter cities. See Cal. Gov't Code § 37100.5. Have broader assessment powers than a general law city, as well as taxation power as Imposition of taxes and assessments subject determined on a case -by case basis. to Proposition 218. Cal. Const. art.XIIIC. Imposition of taxes and assessments subject Examples of common forms used in to Proposition 218, Cal. Const. art. XIIIC, § assessment district financing include: 2, and own charter limitations Improvement Act of 1911. Cal. Sts. May proceed under a general assessment & High. Code § 22500 at seq.. law, or enact local assessment laws and then elect to proceed under the local law. • Municipal Improvement Act of 1913. See J. W_ Jones Companies v. City of San See Cal. Sts. & High. Code §§ Diego, 157 Cal. App. 3d 745 (1984). 10000 at seq.. May impose business license taxes for any • Improvement Bond Act of 1915. Cal. purpose unless limited by state or federal Sts. & High. Code §§ 8500 at seq.. constitutions, or city charter. See Cal. Const. art. XI, § 5. • Landscaping and Lighting Act of 1972. Cal. Sts. & High. Code §§ May impose real property transfer tax; does 22500 at seq.. not violate either Cal. Const art. XIIiA or California Government Code section 53725. • Benefit Assessment Act of 1982. See Cohn v. City of Oakland, 223 Cal. App. Cal. Gov't Code §§ 54703 at seq.. 3d 261 (1990); Fielder v. City of Los Angeles, 14 Cal. App. 4th 137 (1993). May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal, Gov't Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIiA, § 4; Cal. Gov't Code § 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c). Streets & Sidewalks State has preempted entire field of traffic State has preempted entire field of traffic control. Cal. Veh. Code § 21. control. Cal. Veh. Code § 21. Penalties & Cost Recovery May impose fines, penalties and forfeitures, May enact ordinances providing for various with a fine not exceeding $1,000. Cal. Gov't penalties so long as such penalties do not Code § 36901. exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963). Characteristic General law City Charter City Public Utilities/Franchises May establish, purchase, and operate public May establish, purchase, and operate public works to furnish its inhabitants with electric works to furnish its inhabitants with electric power. See Cal. Const. art. XI, § 9(a); Cal. power. See Cal. Const. art. XI, § 9(a); Cat. Gov't Code § 39732; Cal. Pub. Util. Code § ApartmentAss'n v. City of Stockton, 50 Cal. 10002. App. 4th 699 (2000). May grant franchises to persons or May establish conditions and regulations on corporations seeking to furnish light, water, the granting of franchises to use city streets power, heat, transportation or to persons or corporations seeking to furnish communication services in the city to allow light, water, power, heat, transportation or use of city streets for such purposes. The communication services in the city. grant of franchises can be done through a bidding process, under the Broughton Act, Franchise Act of 1937 is not applicable if Cal. Pub. Util. Code §§ 6001-6092, or charter provides. Cal. Pub. Util. Code § without a bidding process under the 6205. Franchise Act of 1937, Cal. Pub. Util. Code §§ 6201-6302. Zoning Zoning ordinances must be consistent with Zoning ordinances are not required to be general plan. Cal. Govt Code § 65860. consistent with general plan unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code § 65803. Information from the nonpartisan California League of Cities http.//www.cacities.oip/ hartercities Foundational aspects of charter cities What is the Constitutional Framework for Charter Cities? Article XI, section 3(a) of the California Constitution authorizes the adoption of a city charter and provides such a charter has the force and effect of state law. Article XI, section 5(a), the "home rule" provision, affirmatively grants to charter cities supremacy over "municipal affairs." However, the California Constitution does not define the term "municipal affair." What are "Municipal Affairs?" The home rule provision of the California Constitution authorizes a charter city to exercise plenary authority over municipal affairs, free from any constraint imposed by the general law and subject only to constitutional limitations. See Cal. Const. art. XI § 5(a); Ex Parte Braun, 141 Cal. 204, 209 (1903); Bishop v. City of San Jose, 1 Cal. 3d 56, 61 (1969); Comm. of Seven Thousand v. Super. Ct. (City of Irvine), 45 Cal.3d 491 (1988). How Do the Courts Distinguish Between Municipal and Statewide Concerns? Whether a given activity is a municipal affair over which a city has sovereignty, or a statewide concern, over which the legislature has authority, is a legal determination for the courts to resolve. Thus, the determination of whether a given activity is a municipal affair or statewide concern is done on a case-by-case basis. The court's determination will depend on the particular facts and circumstances of each case. See In Re Hubbard, 62 Cal, 2d 119, 128 (1964). Keep in mind that the concept of "municipal affairs" is a fluid one that changes over time as local issues become statewide concerns. See Issac v. City of Los Angeles, 66 Cal. App. 4th 586 (1998). What Activities Have the Courts Classified As Municipal Affairs? There are some areas that the courts have consistently classified as municipal affairs. Examples include the following: • Municipal Election Matters. See Mackey v. Thiel, 262 Cal. App. 2d 362 (1968). • Procedures for Initiative, Referendum and Recall. See Lawing v. Faul, 227 Cal. App. 2d 23, 29 (1964). • Procedures for Adopting Ordinances. See Brougher v. Board of Public Works, 205 Cal. 426 (1928). • Compensation of City Officers and Employees. Cal. Const. art. XI, § 5(b); See Sonoma County Organization of Public Employees v. County of Sonoma, 23 Cal. 3d 296 (1979); but see San Leandro Police Officers Association v. City of San Leandro, 55 Cal. App. 3d 553 (1976) (labor relations is not a municipal affair; Charter cities are subject to the Meyers-Milias Brown Act, Cal. Gov't Code § 3500. • Processes Associated with City Contracts. See First Street Plaza Partners v. City of Los Angeles, 65 Cal. App. 4th 650 (1998); but see Domar Electric, Inc. v. City of Los Angeles, 41 Cal. App. 4th 810 (1995) (state law establishing employment policy may preempt local regulation of bidding criteria). Information from the nonpartisan California League of Cities: http://www. cacities. org/chartercities • Financing Public Improvements. See City of Santa Monica v. Grubb, 245 Cal. App. 2d 718 (1996). • Making Charitable Gifts of Public Funds for Public Purposes. See Cal. Const. art. XVI, § 6; Tevis v. City and County of San Francisco, 43 Cal. 2d 190 (1954). • Term Limits for Council Members. See Cawdrey v. City of Redondo Beach, 15 Cal. App. 4th 1212 (1993); but see Cal. Gov't Code § 36502(b) (regulating term limits). • Land Use and Zoning Decisions (with a few exceptions). See Brougher v. Bd. of Pub. Works, 205 Cal. 426 (1928). What Activities Have the Courts Classified as Statewide Concerns? The following have consistently been classified by the courts as matters of statewide concern: • School Systems. Whisman v. San Francisco Unified Sch. Dist., 86 Cal. App. 3d 782, 789 (1978). • Traffic and Vehicle Regulation. Cal. Veh. Code § 21. • Licensing of Members of a Trade or Profession. City and County of San Francisco v. Boss, 83 Cal. App. 2d 445 (1948). • Tort Claims Against a Governmental Entity. Helbach v. City of Long Beach, 50 Cal. App. 2d 242, 247 (1942). • Open and Public Meetings. Ralph M. Brown Act. Cal. Gov't Code §§ 54951, 54953(a). • Exercise of the Power of Eminent Domain. Wilson v Bevllle, 47 Cal. 2d 852, 856 (1957). Information from the nonpartisan California League of Cities: http,//www. cacities.org/chartercities What is a charter? A city charter is a unique document that, in many ways, acts like a constitution for the city adopting it. It can only be adopted, amended or repealed by a majority vote of a city's voters. The primary advantage of a charter is that it allows greater authority for a city's governance than that provided by state law. For example, a city may tailor its organization and elective offices, taking into account the unique local conditions and needs of the community. A charter transfers the power to adopt legislation affecting municipal affairs from the state legislature to the city adopting it. A city operating under a charter can acquire full control over its municipal affairs. These affairs are unaffected by the general laws passed by the state legislature on the same subject matters. This, in effect, gives the local voters more control over their local government and the affairs of the city. However, a city operating under a charter is still subject to the general laws, as passed by the state legislature, on affairs that are not municipal in nature, and are of statewide concern (e.g., California Vehicle Code). It is the scope of the term "municipal affairs" that provides the opportunity for uncertainty. No easy analytical test exists. The threshold issue is whether there is a conflict between state law and a charter city enactment. The next issue is whether the state regulation addressed an issue of "state wide concern." Courts analyze these conflicts on a case- by-case basis. Information from the nonpartisan California League of Cities http://www. cacities. orglchartercities What is in a charter? While a city charter is not required to have any particular provisions in it, a city will often reserve for itself the greatest amount of power it can when it adopts a charter. To accomplish this goal, the charter must include a declaration that it is the intention of the city to avail itself of the full power provided by the state constitution to charter cities. However, the city is not required to extend the breadth of its charter any further than it wishes. Some of the common areas that are explicitly regulated in a charter are • The date and conduct of city elections; • Regulations on the appointment of municipal officials; • The terms and payment of municipal officials; • The process for removal of municipal officials; • Form of government; • Budget adoption; • The number, pay, qualifications, and appointment of deputies, clerks, and other employees that each municipal officer will have; • Sub -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 project. Information from the nonpartisan California League of Cities http://www. cacities. org/chartercities Process used to adopt a charter There are two ways to draft and adopt a city charter. The first is to elect a charter commission. The commission then has the responsibility of debating over the provisions and the drafting of the charter. The other alternative allows the governing board of the city, on its own motion, to draft the charter. In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters. When using the charter commission approach, the first step is to elect the commission. The vote to elect a charter commission is called for by either a majority vote of the city's governing body or by a petition signed by not less than fifteen percent of the registered voters within the city. If the formation of a charter commission is requested by a petition, the authority in charge of the city's registration records must verify the signatures on the petition. The expense of this verification must be paid for by the city's governing board. If the petition is verified, the city's governing board must call for an election in accordance with sections 1000 and 10403 of the California Elections Code. See Cal. Gov't Code section 34452. Once it has been decided that a charter commission election will take place, candidates for commissioners must be nominated. Candidates for the office of charter commissioner are nominated either in the same manner as officers of the city or by petition. A candidate for charter commissioner must be a registered voter of the city. After the election of commissioners, any vacancy on the commission will be filled by a mayoral appointment. See Cal. Gov't Code section 34452. At an election for charter commission members, the voters will vote first on the following question: "Shall a charter commission be elected to propose a new charter?" After voting on this question, the voters will then vote for the charter commission candidates. If a majority of the voters vote for the formation of a charter commission, then the top fifteen candidates for the office of charter commissioner will be organized as the city's charter commission. No commission will be formed if a majority of voters vote against the election of a charter commission. See Cal. Gov't Code section 34453. Once formed, the charter commission will have the responsibility of developing the city's charter. After a simple majority of commissioners have decided that the proposed charter is appropriate, they file the charter with the city's clerk in preparation for a vote by the city's electorate. See Cal. Gov't Code section 34455. However, instead of sending the whole charter at once, periodically the commission may send portions of the charter to the city's electorate for a vote. See Cal. Gov't Code section 34462. After the charter (or portions of it) has been filed, it must be copied in type greater than 10 point and either mailed to all the voters of the city or made available to those citizens who wish to review it before the election. The city may show the difference between existing provisions of law and the new charter through the use of distinguished type styles, but this is not required. See Cal. Gov't Code section 34456. After the charter has been filed with the city clerk, the city's governing board must decide whether to call a special election or to wait until the next established municipal election to submit the charter to the voters. If the city's governing board determines that a Information from the nonpartisan California League of Cities htta.//www. cacities. ora/chattercities special election should be held, then they must call for that special election within 14 days of the charter being filed. The special election must be set at least 95 days after the date from which the special election was called. See Cal. Gov't Code section 34457. In any case, the charter commission must send the charter to the voters within two years of the vote that formed the commission. Upon the expiration of the two-year time period, the commission is abolished. See Cal. Gov't Code section 34462. The alternative to electing a charter commission is to have the city's governing board develop and draft the charter. An election to decide on the adoption of a charter may be called by initiative or the city council. See Cal. Const. art. XI, § 3. On its own motion, the city's governing board may propose a charter and submit it to the voters for adoption. See Cal. Gov't Code section 34458. With this option, the governing board can call a special election or allow the charter to be voted on at any established election date, as long as that election date is at least 88 days after the proposed charter was filed with the city clerk. See Cal. Gov't Code section 34458. As a practical matter, an election may have to be called sooner than 88 days before the election in order to meet certain notice and ballot printing deadlines. In either case, the majority of voters must vote in favor of the proposed charter for it to be ratified. The charter will not go into effect until it has been filed and accepted by the Secretary of State. See Cal. Gov't Code section 34459. After a charter is approved by a majority vote of the voters, the mayor and city clerk shall certify that the charter was submitted to the voters of the city and that it was approved by a majority vote. See Cal. Gov't Code section 34460. One copy of the approved charter shall be filed with the County Recorder's office and one shall be kept in the City's archive. See Cal. Gov't Code section 34460. A third copy of the charter must be submitted to the Secretary of State with (1) copies of all publications and notices in connection with the calling of the election; (2) certified copies of any arguments for or against the charter proposal which were mailed to the voters; (3) a certified abstract of the vote at the election on the charter. See Cal. Gov't Code section 34460. Information from the nonpartisan California League of Cities: http.//www. cacities. org/chartercities How to amend or repeal a charter If a citizens group, or the city's governing body, wishes to amend or repeal a portion of the city's charter, the steps remain largely the same as they are for drafting a charter. There are, however, two notable exceptions. First, the petition calling for the repeal or amendment needs only ten percent of the electorate's signatures, instead of the previous fifteen percent. See Cal. Elec. Code sections 9215 and 9255. The other notable difference has to do with the charter itself. A city charter may establish different rules for the municipal elections process than those laid out by the state legislature in the Elections Code. If this is the case, the city's charter will govern the elections process used to appeal or amend the city's charter, instead of the general laws laid out in the Elections Code. Information from the nonpartisan California League of Cities: http://www. cacities. orq/chai tercities Charter Cities Adelanto Lemoore Alameda Lindsay Albany Loma Linda Alhambra Long Beach Anaheim Los Alamitos Arcadia Los Angeles Bakersfield Marina Bell Marysville Berkeley Merced Big Bear Lake Modesto Buena Park Monterey Burbank Mountain View Carlsbad Napa Cerritos Needles Chico Newport Beach Chula Vista Norco Compton Oakland Culver City Oceanside Cypress Oroville Del Mar Pacific Grove Desert Hot Springs Palm Desert Dinuba Palm Springs Downey Palmdale EI Centro Palo Alto Eureka Pasadena Exeter Petaluma Folsom Piedmont Fortuna Placentia Fresno Pomona Gilroy Port Hueneme Glendale Porterville Grass Valley Rancho Mirage Hayward Redondo Beach Huntington Beach Redwood City Indian Wells Richmond Industry Riverside Inglewood Roseville Irvine Sacramento Irwindale Salinas King City San Bernardino Kingsburg San Diego Lancaster San Francisco La Quinta San Jose Information from the nonpartisan California League of Cities: http://www. cacities. orgIchartercities San Leandro Signal Hill San Luis Obispo Solvang San Marcos Stockton San Mateo Sunnyvale San Rafael Temple City San Ramon Torrance Sand City Truckee Santa Ana Tulare Santa Barbara Vallejo Santa Clara Ventura Santa Cruz Vernon Santa Maria Victorville Santa Monica Visalia Santa Rosa Vista Santee Watsonville Seal Beach Whittier Shafter Woodlake Total Cities: 120 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: FEBRUARY 14, 2023 SUBJECT: CONTINUED DISCUSSION OF FORMING A SUBCOMMITTEE TO EVALUATE THE POTENTIAL AS A CHARTER LAW CITY SUMMARY Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the potential of becoming a Charter law city. At the January 24, 2023 meeting, the City Council directed City staff and City Attorney to return with additional information on charter cities, including when a charter measure could be taken before the voters for consideration and the cost of holding a standalone election. The City Council began discussion on forming a subcommittee to evaluate the potential of transitioning from a general law city to a charter law city. During the discussion, the City Council directed city staff to bring back additional information on how many San Gabriel Valley Cities are charter law cities, when a charter measure could be placed on a ballot for voters' consideration, and the cost of holding a standalone election. City staff conducted a survey and found that seven (7) cities are Charter cities out of thirty (30) cities in the San Gabriel Valley. Charter Cities in the San Gabriel Valley City Estimated Po ulation Charter Established Alhambra 81,211 1915 Arcadia 57,500 1951 Industry 440 1976 Irwindale 1,466 1976 Pasadena 139,255 1901 Pomona 151,000 1911 Temple City 36,494 1971 7 cities are Charter, out of 30 cities in San Gabriel Valley. AGENDA ITEM 7.0 City Council Meeting February 14, 2023 Page 2 of 3 Charter Measure Election Timin California Election Code §§ 9255, 1200 and 1415, provides when the City Council can place a charter proposal measure before the voters. The statutes provide it must be held during a statewide general election. City staff checked with the Los Angeles Registrar-Recorder/County Clerk's office and confirmed that an initial charter proposal under Election Code §1415 states: (a) (1) Except as provided in paragraph (2), a city or city and county charter proposal proposed by the governing body of a city or city and county on its own motion that qualifies pursuant to Section 9255, shall be submitted to the voters at the next established statewide general election pursuant to Elections Code § 1200, occurring not less than 88 days after the date of the order of election. If the initial charter proposal measure is recommended to be placed on a ballot, the next statewide general election is November 2024. Furthermore, the City Council will have to call for a special election on the charter measure to be held in November, since the City's next general municipal election is scheduled for March 2024. Standalone Elections In addition, the City Council directed City staff to provide cost information on holding a standalone election. To conduct a standalone election, City staff found that no vendor offers all the necessary election services like our previous vendor, Martin and Chapman, who went out of business after the passage of Assembly Bill 415. City staff reached out to three cities that conduct standalone elections to better understand how the election landscape has changed. City staff found the City would have to contract with various vendors to provide the necessary services to conduct a standalone election. Services that would require entering into separate agreements with multiple vendors include ballot tabulation services and equipment, ballot printing and Vote by Mail services, purchasing software for vote by mail processing and tracking, consulting services, and hiring temporary staff. In general, a standalone election could cost the City over $200,000 or more, depending on the city's choices to conduct a standalone election. For comparison, Temple City indicated that it spent $222,100 on its March 2022 stand-alone election. Staff was also informed that Temple City intends to consolidate with the County for its next election cycle. Additionally, in speaking to the Los Angeles County Registrar-Recorder/County Clerk, it was mentioned that if the County is holding a statewide election on a date the City is holding a standalone election, there will be separate ballots for voters and separate vote centers or polling locations. STAFF RECOMMENDATION It is recommended that the City Council discuss and provide further direction to City staff. City Council Meeting February 14, 2023 Pape 3 of 3 FISCAL IMPACT None. ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: fl-49- Ericka-Hernandez City Clerk Attachment A: General Law City v. Charter City Attachment B: Information from the nonpartisan California League if Cities Attachment A General Law City v. Charter City General Law City v. Charter City Characteristic' General Law City Charter City Ability to Govern Bound by the state's general law, Has supreme authority over "municipal Municipal Affairs regardless of whether the subject concerns affairs." Cal. Const. art. XI, § 5(b). a municipal affair. Form of Government State law describes the city's form of Charter can provide for any form of government. For example, Government government including the "strong mayor," Code section 36501 authorizes general law and "city manager' farms. See Cal. Const. cities be governed by a city council of five art. XI, § 5(b); Cal. Gov't Code § 34450 et members, a city clerk, a city treasurer, a seq. police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section 34871. The Government Code also authorizes the "city manager form of government. Cal. Gov't Code § 34851. Elections Generally Municipal elections conducted in Not bound by the California Elections Code. accordance with the California Elections May establish own election dates, rules, and Code. Cal. Elec. Code §§ 10101 et seq. procedures. See Cal. Const. art. XI, § 5(b); Cal. Elec. Code §§ 10101 et seq. Methods of Elections Generally holds at -large elections whereby May establish procedures for selecting voters vote for any candidate on the ballot. officers. May hold at -large or district Cities may also choose to elect the city elections. See Cal. Const. art. XI, § 5(b). council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code §§ 34902. In cities of 100,000 or less, a vote of the people is not required to switch to electing council by districts. Cal. Gov't Code § 34886. City Council Member Minimum qualifications are: Can establish own criteria for city office Qualifications provided it does not violate the U.S. 1. United States citizen Constitution. Cal. Const. art. XI, § 5(b), 2. At least 18 years old 82 Cal. Op. Atfy Gen. 6, 8 (1999). 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Cal. Elec. Code § 321; Cal. Gov't Code §§ 34882, 36502; 87 Cal. Op. Att'y Gen. 30 (2004). RIV 44814-2902-0717 Y Charaatariatie General Law City Charter City Public Funds for Candidate No public officer shall expend and no Public financing of election campaigns is In Municipal Elections candidate shall accept public money for the lawful. Johnson v. Bradley, 4 Cal. 4th purpose of seeking elected office. Cal. Gov't 389 (1992). Code § 85300. Term Limits May provide for term limits. Cal. Gov't May provide for term limits. Cal. Const. art. Code § 36502(b). XI, § 5(b); Cal Gov't Code Section 36502(b). Vacancies and Termination An office becomes vacant in several May establish criteria for vacating and of Office instances including death, resignation, terminating city offices so long as it does removal for failure to perform official duties, not violate the state and federal electorate irregularities, absence from constitutions. Cal. Const. art. XI, § 5(b). meetings without permission, and upon non -residency. Cal. Gov't Code §§ 1770, 36502,36513. Council Member Salary -ceiling is set by city population and May establish council members' salaries. Compensation and salary increases set by state law except for See Cal. Const. art. Xl, § 5(b). If a city Expense Reimbursement compensation established by city electors. provides any type of compensation or See Cal, Gov't Code § 36516. If a city payment of expenses to council members, provides any type of compensation or then all council members are required to payment of expenses to council members, have two hours of ethics training. See Cal. then all council members are required to Gov't Code §§ 53234 - 53235. have two hours of ethics training. See Cal. Gov't Code §§ 53234 - 53235. Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local days of introduction unless they are urgency ordinances. Brougher v. So. of Public ordinances. Cal. Gov't Code § 36934. Works, 205 Cal. 426 (1928). Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Gov't Code § 36934. Resolutions May establish rules regarding the May establish procedures for adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repealing resolutions. v. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum Requirements quorum for transaction of business. Cal. requirements. However, certain legislation Gov't Code § 36810. requiring supermajority votes is applicable to charter cities. For example, see California All ordinances, resolutions, and orders for Code of Civil Procedure section 1245240 the payment of money require a recorded requiring a vote of two-thirds of all the majority vote of the total membership of the members of the governing body unless a city council. Cal. Gov't Code § 36936. greater vote is required by charter. Specific legislation requires supermajority votes for certain actions. RIV U4814-2902-0717 v1 RIV #4814.2902-0717 Y Charter Rules Governing Ralph Brown Act is applicable. Cal. Ralph Brown Act is applicable. Procedure and Decorum Gov't Code §§ 54951, 54953(a). Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 at seq. Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 of seq. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. Personnel Matters May establish standards, May establish standards, requirements and procedures for requirements, and procedures, hiring personnel consistent with including compensation, terms and Government Code requirements. conditions of employment for personnel. See Cal. Const. art. A. § May have "civil service" system, 5(b). which includes comprehensive procedures for recruitment, hiring, Procedures set forth in Meyers - testing and promotion. See Cal. Milias-Brown Act (Cal. Gov't Code § Gov't Code § 45000 at seq. 3500) apply, but note, "(Tjhere is a clear distinction between the Meyers-Milias-Brown Act applies. substance of a public employee labor Cal. Gov't Code § 3500. issue and the procedure by which it is resolved. Thus there is no question Cannot require employees be that'salaries of local employees of a residents of the city, but can require charter city constitute municipal them to reside within a reasonable affairs and are not subject to general and specific distance of their place laws.'" Voters for Responsible of employment. Cal. Const. art. XI, § Retirement v. Board of Supervisors, 8 10(b). Cal -4th 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, section 10(b). Contracting Services Authority to enter into contracts for Full authority to contract services as expressly authorized by consistent with charter. statute. See Costa Mesa City Employees Assn v. City of Costa Mesa, May transfer some of its 209 Cal. App. 41h 298 (2012). functions to the county including tax collection, assessment collection and sale of property for nonpayment of taxes and assessments. Cal. Gov't Code §§ 51330, 51334, 51335. RIV #4814.2902-0717 Y Public Contracts Payment of Prevailing Wages R1V 94814-2902-0717 v! Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $175,000. See Cal. Pub. Cont. Code §§ 22000,22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code § 4526. In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code § 1771.5(a) -(c). �hart� Gi(.y Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code § 1100.7; see R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998). Historically, charter cities were exempt from prevailing wage requirements. Effective January 1, 2015, state law requires charter cities to pay prevailing wages on any public works project or else the city will not be eligible to receive state financial assistance for public works projects. Cal. Gov't Code § 1762. Ctteracterfst c General Law City Charter City Finance and Taxing Power May impose the same kinds of taxes and Have the power to tax. assessment as charter cities. See Cal. Gov't Code § 37100.5. Imposition of taxes and assessments subject to Propositions 218 and 26, Cal. Const. art. Imposition of taxes and assessments subject XIIIC, § 2, and own charter limitations to Propositions 218 and 26. Cal. Const. arLXIIIC. Have broader assessment powers than a general law city, as well as taxation power as Examples of common forms used in determined on a case -by case basis, assessment district financing include: May proceed under a general assessment • Improvement Act of 1911. Cal. Sts. law, or enact local assessment laws and & High. Code § 22500 at seq. then elect to proceed under the local law. See J.W. Jones Companies v. City of San • Municipal Improvement Act of 1913. Diego, 157 Cal. App, 3d 745 (1984). See Cal. Sts. & High. Code §§ 10000 at seq. May impose business license taxes for any purpose unless limited by state or federal • Improvement Bond Act of 1915. Cal, constitutions, or city charter. See Cal. Const. Sts. & High. Code §§ 8500 et seq. art. XI, § 5. • Landscaping and Lighting Act of May impose real property transfer tax; does 1972. Cal. Sts. & High. Code §§ not violate either Cal. Const art. XI11A or 22500 at seq. California Government Code section 53725. See Cohn v. City of Oakland, 223 • Benefit Assessment Act of 1982. Cal. App. 3d 261 (1990); Fielder v. City of Cal. Gov't Code §§ 54703 et seq. Los Angeles, 14 Cal. App. 4th 137 (1993). May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal. Gov't Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIIA, § 4; Cal. Gov't Code § 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c). Streets & Sidewalks State has preempted entire field of State has preempted entire field of traffic control. Cal. Veh. Code § 21. traffic control. Cal. Veh. Code § 21. Penalties & Cost Recovery May impose fines, penalties and May enact ordinances providing for various forfeitures, with a fine not exceeding penalties so long as such penalties do not $1,000. Cal. Gov't Code § 36901. exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963). RIV 44814-2902-0717 vl `�i'b y1F y- ..� 5 °.n... ^f�efa'*fciR" - V',�M+'�•��" Public Utilities/Franchises May establish, purchase, and operate May establish, purchase, and public works to furnish its inhabitants operate public works to furnish its with electric power. See Cal. Const. art. inhabitants with electric power. See XI, § 9(a); Cal. Gov't Code § 39732; Cal. Cal. Const. art. XI, § 9(a); Cal. Pub. Util. Code § 10002. Apartment Assn v. City of Stockton, 80 Cal. App, 4th 699 (2000). May grant franchises to persons or corporations seeking to furnish light, May establish conditions and water, power, heat, transportation or regulations on the granting of communication services in the city to franchises to use city streets to allow use of city streets for such persons or corporations seeking to purposes. The grant of franchises can be furnish light, water, power, heat, done through a bidding process, under transportation or communication the Broughton Act, Cal. Pub. Util. Code services in the city. §§ 6001-6092, or without a bidding process under the Franchise Act of Franchise Act of 1937 is not 1937, Cal. Pub. Util. Code §§ 6201- applicable if charter provides. Cal. 6302. Pub. Util. Code § 6205. Zoning Zoning ordinances must be consistent Zoning ordinances are not required with general plan. Cal. Gov't Code § to be consistent with general plan 65860. unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code § 65803. RIV #4814-2902-0717vl Attachment B Information from the nonpartisan California League of Cities Information from the nonpartisan California League of Cities: http://www cacities orglchartercities Introduction Charter Cities Did you know that, under certain home rule provisions in California's state constitution, voters can exercise a greater degree of local control than that provided by the California Legislature? Becoming a charter city allows voters to determine how their city government is organized and, with respect to municipal affairs, enact legislation different than that adopted by the state. In 2001, the Institute for Local Government, the League's research arm, teamed up with the Hastings Public Law Research Institute to create an informational resource for those interested in understanding more about this special form of local control. The League is grateful to everyone who helped with this project including Phillip Hall of LIC Hastings and the Hastings Public Law Research Institute; Karl Berger of Jenkins & Hogin LLP; Betsy Strauss (Attorney at Law); John Cook (Former City Attorney, Indian Wells); and Harvey Levine (City Attorney, Fremont). In 2007, the League updated these resources and the new documents can be found below. The League would like to thank Hilda Canto Montoy (Attorney at Law) for her help with the update. Charter Cities: A Quick Summary for the Press and Researchers The following summary was drafted by the League of California Cities' legal staff, in an attempt to give the press and research communities a primer on some frequently asked questions regarding charter cities. Charter Cities vs. General Law Cities — The Basics The California Constitution gives cities the power to become charter cities.i The benefit of becoming a charter city is that charter cities have supreme authority over "municipal affairs."2 In other words, a charter city's law concerning a municipal affair will trump a state law governing the same topica Cities that have not adopted a charter are general law cities. General law cities are bound by the state's general law, even with respect to municipal affairs. Of California's 478 cities, 108 of them are charter cities. The charter city provision of the State Constitution, commonly referred to as the "home -rule" provision, is based on the principle that a city, rather than the state, is in the best position to know what it needs and how to satisfy those needs.4 The home -rule provision allows charter cities to conduct their own business and control their own of airs.s A charter maximizes local control. A city charter, in effect a city's constitution, need not set out every municipal affair the city would like to govern. So long as the charter contains a declaration that the city intends to avail itself of the full power provided by the California Constitution, any city ordinance that regulates a municipal affair will govern over a general law of the states Defining 'Municipal Affairs' Determining what is and is not a "municipal affair' is not always straightforward. The California Constitution does not define "municipal affair." It does, however, set out a nonexclusive list of four "core" Information from the nonpartisan California League of Cities: http://Www cacities orglchattercities categories that are, by definition, municipal affairs.r These categories are 1) regulation of the "city police force"; 2) "subgovernment in all or part of a city"; 3) "conduct of city elections'; and 4) "the manner in which ... municipal officers [are] elected "B Beyond this list, it is up to the courts to determine what is and is not a municipal affair. To determine if a matter is a municipal affair, a court will ask whether there are good reasons, grounded on statewide interests, for the state law to preempt a local laws In other words, courts will ask whether there is a need for "paramount state control" in the particular area of law.,o The Legislature's intent when enacting a specific law is not determinative.rn The concept of "municipal affairs' is fluid and may change over time.,z Issues that are municipal affairs today could become areas of statewide concern in the future.i3 Nonetheless, there are some areas that courts have consistently classified as municipal affairs. These include: Municipal election matters14 Land use and zoning decisions (with some exceptions),s How a city spends its tax dollars,B Municipal contracts, provided the charter or a city ordinance exempts the city from the Public Contract Code, and the subject matter of the bid constitutes a municipal affair.n Thus, a charter may exempt a city from the Slate's competitive bidding statutes. Likewise, there are some areas that courts have consistently classified as areas of statewide concern, including: Traffic and vehicle regulation,B Tort claims against a governmental entity,s Regulation of school syslems2o How to Become a Charter City To become a charter city, a city must adopt a charter. There are two ways to adopt a charter: • The city's voters elect a charter commission.2, The commission has the responsibility of drafting and debating the charter. The governing board of the city, on its own motion, drafts the charter.22 In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters.23 For more information about charter cities, please visit the "Charter Cities" section of the League's Web site at http'//www cacilies oro%hartercities. Cal. Const. an. XI, § 3(a). Cal. Const. art. XI, § 8(a), a Johnson v. Bradley, 4 Cal. 4th 389, 399 (1992). 4 Fragley v. Phelan, 126 Cal. 383, 387 (1899). s Id Information from the nonpartisan California League of Cities: http-//www cacities orp/chartercities There are some exceptions to this rule. For example, a charter city is bound by the Public Contract Code unless the city's charter expressly exempts the city from the Code's provisions or a city ordinance conflicts vdth a provision In the Code. See Cal. Pub. Cont. Code § 1100.7. Y Cal. Const. art, XI, § 5(b): Johnson, 4 Cal. 4th at 398. 6 Cal. Const. art. XI, § 5(b). Johnson, 4 Cal. 4th a1405. 0 Id. at 400. ++ Id. at 405. ix Cal. Fed. Savings & Loan Assn v. City of Los Angeles, 54 Cal. 3d 1, 16 (1991); Isaac V. City of Los Angeles, 66 Cal. App. 4th 586, 599 (1998). s Isaac, 66 Cal. App. 4th at 599. +� Mackey v. Thiel, 262 Cal. App. 2d 362, 365 (1968). rs See Brougher v. Bd. of Pub. Works, 205 Cal. 426, 440 (1928). Johnson, 4 Cal. 4th at 407. 11 Pub. Cont. Code § 1100.7; R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188, 1191 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38, 51 (1996). +e Cal. Veh. Code § 21. +6 Halbach v. City of Long Beach, 50 Cal. App. 2d 242. 247 (1942). 06 Whisman v. San Francisco Unified Sch. Dist., 86 Cal. App. 3d 782, 789 (1978). 2+ n Cal. Gov't Code § 34451. Cal, Gov't Code § 34458. za Cal. Gov't Code §§ 34457, 34462. General Law City v. Charter City Characteristic General Law City Charter City Ability to Govern Bound by the state's general law, regardless Has supreme authority over "municipal Municipal Affairs of whether the subject concerns a municipal affairs." Cal. Const. art. XI, § 5(b). affair. Form of Government State law describes the city's form of Charter can provide for any form of government For example, Government government including the "strong mayor," Code section 36501 authorizes general law and "city manager' forms. See Cal. Const, cities be governed by a city council of five art. XI, § 5(b); Cal. Gov't Code § 34450 of members, a city clerk, a city treasurer, a seq. police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section 34871. The Government Code also authorizes the "city manager" form of government. Cal. Gov't Code § 34851. Elections Generally Municipal elections conducted in accordance Not bound by the California Elections Code, with the California Elections Code. Cal. Elec. May establish own election dates, rules, and Code §§ 10101 et seq.. procedures. See Cal. Const. art. XI, § 5(b); Cal. Elec. Code §§ 10101 et seq.. Methods of Elections Generally holds at -large elections whereby May establish procedures for selecting voters vote for any candidate on the ballot. officers. May hold at -large or district Cities may also choose to elect the city elections. See Cal. Const. art. XI, § 5(b). council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code §§ 34902. City Council Member Minimum qualifications are: Can establish own criteria for city office Qualifications provided it does not violate the U.S. 1. United States citizen Constitution. Cal. Const. art. XI, § 5(b), 82 2. At least 18 years old Cal. Op. Att'y Gen. 6, 8 (1999). 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Cal. Eiec. Code § 321; Cal, Gov't Code §§ 34882, 36502; 87 Cal. Op. Att'y Gen. 30 (2004). Characteristic General Law City Charter City Public Funds for Candidate No public officer shall expend and no Public financing of election campaigns is in Municipal Elections candidate shall accept public money for the lawful. Johnson v. Bradley, 4 Cal. 4th 389 purpose of seeking elected office. Cal. Govt (1992). Code § 85300. Term Limits May provide for term limits. Cal. Gov't Code May provide for term limits. Cal. Const. art. § 36502(b). XI, § 5(b); Cal Gov't Code Section 36502 (b). Vacancies and Termination An office becomes vacant in several May establish criteria for vacating and of Office instances including death, resignation, terminating city offices so long as it does not removal for failure to perform official duties, violate the state and federal constitutions. electorate irregularities, absence from Cal. Const. art. XI, § 5(b). meetings without permission, and upon non- residency. Cal. Gov't Code §§ 1770, 36502, 36513. Council Member Salary -ceiling is set by city population and May establish council members' salaries. Compensation and salary increases set by state law except for See Cal. Const. art. XI, § 5(b). If a city Expense Reimbursement compensation established by city electors, provides any type of compensation or See Cal, Gov't Code § 36516. If a city payment of expenses to council members, provides any type of compensation or then all council members are required to payment of expenses to council members, have two hours of ethics training. See Cal. then all council members are required to Gov't Code §§ 53234 - 53235. have two hours of ethics training. See Cal. Gov't Code §§ 53234 - 53235. Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local days of introduction unless they are urgency ordinances. Brougher v. Be. of Public Works, ordinances. Cal. Gov't Code § 36934. 205 Cal. 426 (1928). Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Gov't Code § 36934. Resolutions May establish rules regarding the May establish procedures for adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repealing resolutions. Y. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum Requirements quorum for transaction of business. Cal. requirements. However, certain legislation Gov't Cade § 36810, requiring supermajority votes is applicable to charter cities. For example, see California All ordinances, resolutions, and orders for Code of Civil Procedure section 1245.240 the payment of money require a recorded requiring a vote of two-thirds of all the majority vote of the total membership of the members of the governing body unless a city council. Cal. Gov't Code § 36936. greater vote is required by charter. Specific legislation requires supermajority votes for certain actions. I Characteristic I General Law City I Charter City Rules Governing Procedure and Decorum Personnel Matters Contracting Services Ralph Brown Act is applicable. Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal, Gov't Code § 87300 et seq.. May establish standards, requirements and procedures for hiring personnel consistent with Government Code requirements. May have "civil service" system, which includes comprehensive procedures for recruitment, hiring, testing and promotion. See Cal. Gov't Code § 45000 at seq. Meyers-Milias-Brown Act applies. Cal. Govt Code § 3500. Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, § 10(b). Authority to enter into contracts to carry out necessary functions, including those expressly granted and those implied by necessity. See Cal. Gov't Code § 37103; Carruth v. City of Madera, 233 Cal. App. 2d 688 (1965). Ralph Brown Act is applicable. Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 et seq.. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. May establish standards, requirements, and procedures, including compensation, terms and conditions of employment for personnel. See Cal. Const. art. Xl, § 5(b). Procedures set forth in Meyers-Milias-Brown Act (Cal. Gov't Code § 3500) apply, but note, "(Tlhere is a clear distinction between the substance of a public employee labor issue and the procedure by which it is resolved. Thus there is no question that'salaries of local employees of a charter city constitute municipal affairs and are not subject to general laws."' Voters for Responsible Retirement v. Board of Supervisors, 8 Cal.4th 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, section 10(b). Full authority to contract consistent with charter. May transfer some of its functions to the county including tax collection, assessment collection and sale of property for non- payment of taxes and assessments. Cal. Gov't Code §§ 51330, 51334, 51335. Characteristic I General Law City I Charter City Public Contracts Payment of Prevailing Wages Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $100,000. See Cal. Pub. Cont. Code §§ 22000, 22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code § 4526. In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code § 1771.5(a) -(c). Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code § 1100.7; see R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 CaL App. 4th 38 (1998). Historically, charter cities have not been bound by state law prevailing -wage requirements so long as the project is a municipal affair, and not one funded by state or federal grants. Vial v. City of San Diego, 122 Cal. App. 3d 346, 348 (1981). However, there is a growing trend on the part of the courts and the Legislature to expand the applicability of prevailing wages to charter cities under an analysis that argues that the payment of prevailing wages is a matter of statewide concern. The California Supreme Court currently has before them a case that will provide the opportunity to decide whether prevailing wage is a municipal affair or whether it has become a matter of statewide concern. Characteristic General Law City Charter City Finance and Taxing Power May impose the same kinds of taxes and Have the power to tax. assessment as charter cities. See Cal. Gov't Code § 37100.5. Have broader assessment powers than a general law city, as well as taxation power as Imposition of taxes and assessments subject determined on a case -by case basis. to Proposition 218. Cal. Const. art.XiIIC. Imposition of taxes and assessments subject Examples of common forms used in to Proposition 218, Cal. Const. art. XIIIC, § assessment district financing include: 2, and own charter limitations Improvement Act of 1911. Cal. Sts. May proceed under a general assessment & High. Code § 22500 et seq.. law, or enact local assessment laws and then elect to proceed under the local law. • Municipal Improvement Act of 1913. See J.W Jones Companies v. City of San See Cal. Sts. & High. Code §§ Diego, 157 Cal. App. 3d 745 (1984). 10000 at seq.. May impose business license taxes for any • Improvement Bond Act of 1915. Cal. purpose unless limited by state or federal Sts. & High. Code §§ 8500 at seq., constitutions, or city charter. See Cal. Const. art. XI, § 5. • Landscaping and Lighting Act of 1972. Cal. Sts. & High. Code §§ May impose real property transfer tax; does 22500 et seq.. not violate either Cal. Const art. XIIIA or California Government Code section 53725. • Benefit Assessment Act of 1982. See Cohn v. City of Oakland, 223 Cal. App. Cal. Gov't Code §§ 54703 at seq.. 3d 261 (1990); Fielder v. City of Los Angeles, 14 Cal. App. 4th 137 (1993). May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal, Gov't Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIIA, § 4; Cal, Gov't Code § 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c). Streets & Sidewalks State has preempted entire field of traffic State has preempted entire field of traffic control. Cal. Veh. Code § 21. control. Cal. Veh. Code § 21. Penalties & Cost Recovery May impose fines, penalties and forfeitures, May enact ordinances providing for various with a fine not exceeding $1,000. Cal. Gov't penalties so long as such penalties do not Code § 36901. exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963). Characteristic General Law City Charter City Public Utilities/Franchises May establish, purchase, and operate public May establish, purchase, and operate public works to furnish its inhabitants with electric works to furnish its inhabitants with electric power. See Cal. Const. art. XI, § 9(a); Cal. power. See Cal. Const. art. XI, § 9(a); Cal. GoVt Code § 39732; Cal, Pub. Util. Code § Apartment Assn v. City of Stockton, BO Cal. 10002. App. 4th 699 (2000). May grant franchises to persons or May establish conditions and regulations on corporations seeking to furnish light, water, the granting of franchises to use city streets power, heat, transportation or to persons or corporations seeking to furnish communication services in the city to allow light, water, power, heat, transportation or use of city streets for such purposes. The communication services in the city. grant of franchises can be done through a bidding process, under the Broughton Act, Franchise Act of 1937 is not applicable if Cal. Pub. Util. Code §§ 6001-6092, or charter provides. Cal. Pub. Util. Code § without a bidding process under the 6205. Franchise Act of 1937, Cal. Pub. Util. Code §§ 6201-6302. Zoning Zoning ordinances must be consistent with Zoning ordinances are not required to be general plan. Cal. Gov't Code § 65860. consistent with general plan unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code § 65803. Information from the nonpartisan California League of Cities: http://www. cacities. org/chartercities Foundational aspects of charter cities What is the Constitutional Framework for Charter Cities? Article XI, section 3(a) of the California Constitution authorizes the adoption of a city charter and provides such a charter has the force and effect of state law. Article XI, section 5(a), the "home rule" provision, affirmatively grants to charter cities supremacy over "municipal affairs." However, the California Constitution does not define the term "municipal affair." What are "Municipal Affairs?" The home rule provision of the California Constitution authorizes a charter city to exercise plenary authority over municipal affairs, free from any constraint imposed by the general law and subject only to constitutional limitations. See Cal. Const. art. XI § 5(a); Ex Parte Braun, 141 Cal. 204, 209 (1903); Bishop v. City of San Jose, 1 Cal. 3d 56, 61 (1969); Comm. of Seven Thousand v. Super. Ct. (City of Irvine), 45 Cal.3d 491 (1988). How Do the Courts Distinguish Between Municipal and Statewide Concerns? Whether a given activity is a municipal affair over which a city has sovereignty, or a statewide concern, over which the legislature has authority, is a legal determination for the courts to resolve. Thus, the determination of whether a given activity is a municipal affair or statewide concern is done on a case-by-case basis. The court's determination will depend on the particular facts and circumstances of each case. See In Re Hubbard, 62 Cal. 2d 119, 128 (1964). Keep in mind that the concept of "municipal affairs" is a fluid one that changes over time as local issues become statewide concerns. See Issac v. City of Los Angeles, 66 Cal, App. 4th 586 (1998). What Activities Have the Courts Classified As Municipal Affairs? There are some areas that the courts have consistently classified as municipal affairs. Examples include the following: • Municipal Election Matters. See Mackey v. Thiel, 262 Cal. App. 2d 362 (1968). • Procedures for Initiative, Referendum and Recall. See Lawing v. Faul, 227 Cal. App. 2d 23, 29 (1964). • Procedures for Adopting Ordinances. See Brougher v. Board of Public Works, 205 Cal. 426 (1928). • Compensation of City Officers and Employees. Cal. Const. art. XI, § 5(b); See Sonoma County Organization of Public Employees v. County of Sonoma, 23 Cal. 3d 296 (1979); but see San Leandro Police Officers Association v. City of San Leandro, 55 Cal. App. 3d 553 (1976) (labor relations is not a municipal affair; Charter cities are subject to the Meyers-Milias Brown Act. Cal. Gov't Code § 3500. • Processes Associated with City Contracts. See First Street Plaza Partners v. City of Los Angeles, 65 Cal. App, 4th 650 (1998); but see Domar Electric, Inc. v. City of Los Angeles, 41 Cal. App. 4th 810 (1995) (state law establishing employment policy may preempt local regulation of bidding criteria). Information from the nonpartisan California League of Cities: http://www. cacities. org/chartercities • Financing Public Improvements. See City of Santa Monica v. Grubb, 245 Cal. App. 2d 718 (1996). • Making Charitable Gifts of Public Funds for Public Purposes. See Cal. Const. art. XVI, § 6; Tevis v. City and County of San Francisco, 43 Cal, 2d 190 (1954). • Term Limits for Council Members. See Cawdrey v. City of Redondo Beach, 15 Cal. App. 4th 1212 (1993); but see Cal. Gov't Code § 36502(b) (regulating term limits). • Land Use and Zoning Decisions (with a few exceptions). See Brougher v. Bd. of Pub. Works, 205 Cal. 426 (1928). What Activities Have the Courts Classified as Statewide Concerns? The following have consistently been classified by the courts as matters of statewide concern: • School Systems. Whisman v. San Francisco 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. Halbach v. City of Long Beach, 50 Cal. App. 2d 242, 247 (1942). • Open and Public Meetings. Ralph M. Brown Act. Cal. Gov't Code §§ 54951, 54953(a). • Exercise of the Power of Eminent Domain. Wilson v Beville, 47 Cal. 2d 852, 856 (1957). Information from the nonpartisan California League of Cities http://www, cacities.org/chartercities What is a charter? A city charter is a unique document that, in many ways, acts like a constitution for the city adopting it. It can only be adopted, amended or repealed by a majority vote of a city's voters. The primary advantage of a charter is that it allows greater authority for a city's governance than that provided by state law. For example, a city may tailor its organization and elective offices, taking into account the unique local conditions and needs of the community. A charter transfers the power to adopt legislation affecting municipal affairs from the state legislature to the city adopting it. A city operating under a charter can acquire full control over its municipal affairs. These affairs are unaffected by the general laws passed by the state legislature on the same subject matters. This, in effect, gives the local voters more control over their local government and the affairs of the city. However, a city operating under a charter is still subject to the general laws, as passed by the state legislature, on affairs that are not municipal in nature, and are of statewide concern (e.g., California Vehicle Code). It is the scope of the term "municipal affairs" that provides the opportunity for uncertainty. No easy analytical test exists. The threshold issue is whether there is a conflict between state law and a charter city enactment. The next issue is whether the state regulation addressed an issue of "state wide concern." Courts analyze these conflicts on a case- by-case basis. Information from the nonpartisan California League of Cities http://www. cacities. org/chartercities What is in a charter? While a city charter is not required to have any particular provisions in it, a city will often reserve for itself the greatest amount of power it can when it adopts a charter. To accomplish this goal, the charter must include a declaration that it is the intention of the city to avail itself of the full power provided by the state constitution to charter cities. However, the city is not required to extend the breadth of its charter any further than it wishes. Some of the common areas that are explicitly regulated in a charter are. • The date and conduct of city elections; • Regulations on the appointment of municipal officials; • The terms and payment of municipal officials; • The process for removal of municipal officials; • Form of government; • Budget adoption; • The number, pay, qualifications, and appointment of deputies, clerks, and other employees that each municipal officer will have; • Sub -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 project. Information from the nonpartisan California League of Cities http://www. cacities. org/chartercities Process used to adopt a charter There are two ways to draft and adopt a city charter. The first is to elect a charter commission. The commission then has the responsibility of debating over the provisions and the drafting of the charter. The other alternative allows the governing board of the city, on its own motion, to draft the charter. In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters. When using the charter commission approach, the first step is to elect the commission. The vote to elect a charter commission is called for by either a majority vote of the city's governing body or by a petition signed by not less than fifteen percent of the registered voters within the city. If the formation of a charter commission is requested by a petition, the authority in charge of the city's registration records must verify the signatures on the petition. The expense of this verification must be paid for by the city's governing board. If the petition is verified, the city's governing board must call for an election in accordance with sections 1000 and 10403 of the California Elections Code. See Cal. Gov't Code section 34452. Once it has been decided that a charter commission election will take place, candidates for commissioners must be nominated. Candidates for the office of charter commissioner are nominated either in the same manner as officers of the city or by petition. A candidate for charter commissioner must be a registered voter of the city. After the election of commissioners, any vacancy on the commission will be filled by a mayoral appointment. See Cal. Gov't Code section 34452. At an election for charter commission members, the voters will vote first on the following question: "Shall a charter commission be elected to propose a new charter?" After voting on this question, the voters will then vote for the charter commission candidates. If a majority of the voters vote for the formation of a charter commission, then the top fifteen candidates for the office of charter commissioner will be organized as the city's charter commission. No commission will be formed if a majority of voters vote against the election of a charter commission. See Cal. Gov't Code section 34453. Once formed, the charter commission will have the responsibility of developing the city's charter. After a simple majority of commissioners have decided that the proposed charter is appropriate, they file the charter with the city's clerk in preparation for a vote by the city's electorate. See Cal. Gov't Code section 34455. However, instead of sending the whole charter at once, periodically the commission may send portions of the charter to the city's electorate for a vote. See Cal. Gov't Code section 34462. After the charter (or portions of it) has been filed, it must be copied in type greater than 10 point and either mailed to all the voters of the city or made available to those citizens who wish to review it before the election. The city may show the difference between existing provisions of law and the new charter through the use of distinguished type styles, but this is not required. See Cal. Gov't Code section 34456. After the charter has been filed with the city clerk, the city's governing board must decide whether to call a special election or to wait until the next established municipal election to submit the charter to the voters. If the city's governing board determines that a Information from the nonpartisan California League of Cities htta.//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 city's governing board develop and draft the charter. An election to decide on the adoption of a charter may be called by initiative or the city council. See Cal. Const. art. Xi, § 3. On its own motion, the city's governing board may propose a charter and submit it to the voters for adoption. See Cal. Gov't Code section 34458. With this option, the governing board can call a special election or allow the charter to be voted on at any established election date, as long as that election date is at least 88 days after the proposed charter was filed with the city clerk. See Cal. Gov't Code section 34458. As a practical matter, an election may have to be called sooner than 88 days before the election in order to meet certain notice and ballot printing deadlines. In either case, the majority of voters must vote in favor of the proposed charter for it to be ratified. The charter will not go into effect until it has been filed and accepted by the Secretary of State. See Cal. Gov't Code section 34459. After a charter is approved by a majority vote of the voters, the mayor and city clerk shall certify that the charter was submitted to the voters of the city and that it was approved by a majority vote. See Cal. Gov't Code section 34460. One copy of the approved charter shall be filed with the County Recorder's office and one shall be kept in the City's archive. See Cal, Gov't Code section 34460. A third copy of the charter must be submitted to the Secretary of State with (1) copies of all publications and notices in connection with the calling of the election; (2) certified copies of any arguments for or against the charter proposal which were mailed to the voters; (3) a certified abstract of the vote at the election on the charter. See Cal. Gov't Code section 34460. Information from the nonpartisan California League of Cities: http ://www. cacities. org/charter cities How to amend or repeal a charter If a citizens group, or the city's governing body, wishes to amend or repeal a portion of the city's charter, the steps remain largely the same as they are for drafting a charter. There are, however, two notable exceptions. First, the petition calling for the repeal or amendment needs only ten percent of the electorate's signatures, instead of the previous fifteen percent. See Cal. Elec. Code sections 9215 and 9255. The other notable difference has to do with the charter itself. A city charter may establish different rules for the municipal elections process than those laid out by the state legislature in the Elections Code. If this is the case, the city's charter will govern the elections process used to appeal or amend the city's charter, instead of the general laws laid out in the Elections Code. Information from the nonpartisan California League of Cities: http://www.cacities.olg/ hartercities Charter Cities Adelanto Lemoore Alameda Lindsay Albany Loma Linda Alhambra Long Beach Anaheim Los Alamitos Arcadia Los Angeles Bakersfield Marina Bell Marysville Berkeley Merced Big Bear Lake Modesto Buena Park Monterey Burbank Mountain View Carlsbad Napa Cerritos Needles Chico Newport Beach Chula Vista Norco Compton Oakland Culver City Oceanside Cypress Oroville Del Mar Pacific Grove Desert Hot Springs Palm Desert Dinuba Palm Springs Downey Palmdale EI Centro Palo Alto Eureka Pasadena Exeter Petaluma Folsom Piedmont Fortuna Placentia Fresno Pomona Gilroy Port Hueneme Glendale Porterville Grass Valley Rancho Mirage Hayward Redondo Beach Huntington Beach Redwood City Indian Wells Richmond Industry Riverside Inglewood Roseville Irvine Sacramento Irwindale Salinas King City San Bernardino Kingsburg San Diego Lancaster San Francisco La Quinta San Jose Information from the nonpartisan California League of Cities: http.,Ilwww.cacities.orp/chartercities San Leandro Signal Hill San Luis Obispo Solvang San Marcos Stockton San Mateo Sunnyvale San Rafael Temple City San Ramon Torrance Sand City Truckee Santa Ana Tulare Santa Barbara Vallejo Santa Clara Ventura Santa Cruz Vernon Santa Maria Victorville Santa Monica Visalia Santa Rosa Vista Santee Watsonville Seal Beach Whittier Shafter Woodlake Total Cities: 120 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 26, 2023 SUBJECT: DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY SUMMARY The City Council has had discussions related to creating a charter for the City upon which the residents could then vote on to approve or deny. As a part of the discussion a committee was established which included Mayor Ly and Councilmember Armenta. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions as well as the information provided by the League of Cities on the various items that could be included in a new city charter. The Committee presented questions that were looked into by the City Attorney to allow for further discussion as well. At the conclusion of those meetings, it was determined that before taking further review and consideration on the overall Charter, there were items which the Committee wanted to have a discussion with the full Council on to see if they wanted to include certain provisions in the Charter different than what State law provides, where so authorized. In addition, the Committee wanted to share with the Council its thoughts on other various subject matters and to hear from the full Council. DISCUSSION To assist the Committee, it followed the League's chart on items to consider in a charter. The Council had been provided a copy of this chart previously. A new chart is attached to the staff report. This chart now includes an additional column where there where responses provided to the Committee based on questions asked. There is also information on the Committee's position on an item. For example did they want to defer to state law on the topic and include provision to that effect or not or if they wanted full Council input on an item. The Chart is attached with the additional column of information as well as noting the sections the Committee wanted to discuss in more detail which are highlighted as well as noted with These items include: AGENDA ITEM 7.1) City Council Meeting September 26, 2023 Page 2 of 2 • Elections • Term Limits • Contracting Services (want to see what consultant recommends) • Power to create an office of city prosecutor to prosecute misdemeanor violations of state law As it relates to the timing of a potential election on the charter, the Election Code has limitations on when an initiative to become charter law city can be considered by the voters. As confirmed by the County Elections office, Elections Code Section 1415 and 9255, provide that a new charter proposal measure has to be voted on at a statewide general election which occurs in November 2024. The cutoff date to submit the matter to the County is 88 days before election, which would be August 9, 2024. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Ra izV lKkhotQ vt. Rachel Richman, City Attorney Attachment: Committee Updated Chart with Comments Attachment A Committee Updated Chart with Comments � y ( —« \ E £ 2— O'E0 _\ % 4)_ J)) )!eE ) \§ \{ � � 7\ m {{)} \\jam E } \, \\\ 0 f(§{ ){}\ )!E9 �_ 00 \ mEmw 0 /}E )f{/ «#{! t3 \kk\ /f \ /f)) §o & E \ \/ D 03. : §k m 00 -a E \ a \ (k$ /eco/ »:& %(f—a §\\ =&®\> \ /\(a\ )/m \, )\ gym ; » �_m —/(« \ _))}ƒ�)rE»%& . /0M w0/D>E-E \ }©\f{)//((\ \af=» °o tt=2\ )jj7))/)® \ /)( _®\{/2#/\ U- ca a)o _ )/\)\/)\\� / \ / & /§/\ E� )$ \ )$£a ME 09 C •� �a o u :G m m a c m y V Edc' 3c8 o m am UCO � p o: c c o U 9'�' N c. o. o c fl ° 3 M �, U ai: a;s N ..�.. ,Ln N c ID p 6 N G r y_ o BD�wfl 'v= floc, NU m Z oT) mrM E i �O cam,�t+W: ci° c3: fl O {j O@ y 0 W a� O N ti fl N: V N N@ O m N U O' 7 d' N .C. @ C fl +�, U 'C N N m m Oma' _ 0 v m c30 O U N m @wcw 6 'v @2mE �o W @ c d o co _ @ @ . U m 3 c (i ANN M Li,V !04'O C W N° o L N i17 0 2 Q1 .�.. a_ � O . �) N ai pO@ @CTN U m v`w 0 U v0 @ CNWIV SUN W � �MWW (0 3 c c 7.0 N `w 3' G ac' ° ' �0OWus S1� @ 'mo N "@'' '- N N C y N N Z w aX � �' o m 0 w c�i N 0 U N E _ Ty 9 o cd1�� Mmm i0U oU; O U M )U wo o= —`-W(D W to o . O fl OW(D U U _ U O � O U U cpo€� m c O m2�m��° o C,-2 L N U U O O N C 0 N U W O lll o C@ �i O O N N C� O w> N }?E - O O' U o °0N ,zr02Y w m Q L L m o c m O O N C W C U! 0 O.Nrq tq N W N> O N OU ��a �w�o�fl.�arno m� o E. t m `o 9i n d_ y� 0- 0 d i 09 M r N > U d Ep< o�N �aai v _ C C o — �oio o � z U o c c Z _ 'C O N "-' O .2! To a �i fi t�U `pm a Od �cZ`N L O O E W O p C W y E @cc°> o> gaga° N C w N-0= T OCo ��.. a E U T N N N a O U c O. c O) c C N d N 3 0° m@@ o 0 w L N {p t o E Ei o o:o m o > c o T ° 3 0 0 Cf 2.9 o° ma@E o Z M (IUC. 0 > U > ON Q E O LL Cp C O .U. � n° p d C U N O N 0) U ap@ p: O U1 .._.. U O U 8 U U' p Cco @ > (Q p c d to U a. .. .. U U M � a Q " L a It o WDM. L N 07) .� -0 N= W Q N V N O ci N Q co—°U�°aE0 @.Z'o @ mrn o � moo U'�>UU� a �m TUU; N_ L T0 @ w O @ o @ L U U a t a a).2 cm o 30 O 3° c@ c Nu NL O a cU o' U`.. (� UD �a :pow N 0 U mm @mc aUO V: c a -o U c0 EO O m'� y N Q Q)a a Q O N U U O @° ..NI C N N O L O O@ L N 0 N CDE O C @ cam' i9 t_ U N 4N, C n co a a N a @— N L 4 p.. @ N Vl U N Q (V 0 L U t0 O m p tp a 0. N N N N O E �Q� > o o pr a°� U p m y o+Mm E N d L° 111N V . o as R o-� o.a ° °'' U�o 0u00 �Ta N y r O N N .V C �C. LL M r O O O O U N C N T r. C N Co M T 3 C « O N C @ C O> UE m d O"yoU 0. m OC C O m d. N O d m .j N✓ :C N N N L U >im m ca m Qi O` C Q Z O N U C C= L LL N C O O O O U 0 m O p`� V m O E O C U O d in U N C O N m 'N 3 o D- > 3 E 20UM m U m d0 u>m o't°ii m d U m 0) C O Vl C Co>( N C- O m L C M N o E O E L ENE- mmol° O N L nrmwNu N O m S U w m C N N ._ tp m C N �,�0 N m w ao a) c co m m o '� � 2. mda' TV(D o>c°iX TEco �-oc m AEU a°nrmn �> ac°�axi��mUm N m O Ny C r C "O E d a~- c m �'� (6 Cl) D X Z` u� N N m M {0 m m 0Qma�°'n'� N N O m C p C d R m-0 U m m 0-0 00 woo y> � m�° o Do U C >, z— N m 0— d 0 °c_i m a m U � uN c m m xm a m U/ C '.. d E' >>> U M °U U V 2 m U N d C> U t m m N N N O y L N O o' --0 G C m U m p v�> m ui .. CO N E U C N E N N CI N m NNN U M Qca �E�M cn°am`pEw:mp O d '• C p G£1 1� O N 3 CL E E c`6i10 i0 7 a O d O W > r F o U U C W C W F. (V o Q "- wCC+ G'O C C ro G m E N N O m C ow 3 O C C tt •� d 0 u 5 tJ c ro 0 F— v 3 V/ d0)O—OOj ma N s'C+ U .�. N 42 y 'NO ro 8 m W O zpO z0 Q. f.) E �° c� E 0 ID o 2 �W LL U '.01- N � U C ro U 9 �_ ro OcLi Oc�i Uro'y°3 v� O O @N N O M0. 8— O 3 I NE .O ' QTONOI M QO O1 c (Z co N Nom_16 .Q N " 2 23 'tO0=N m -Nro ON m C& O 3Nro> O dO N i _O GN Nm ,O —OO r E U p 0) C04 0N L0 tm E atm�m O N `g�osy dwm o,N ny 0) oon�mP3 n' o � a �� 3� m� v -= E a E y m m M, C V a) O O M 4)ro 'O C_ c t� 2EG> O N 3 m o x@ 3 3 0 0 o m m U 0 oS� - o N .y D) M N y d C !a N •_.• O N a q C L4 Co N T w O O V O.m . ro N d a) -F0 nL�o /9 � m no 3 a O O O D U vo0 '�odrw�^ vc ' EC�o+ro O O d OEo (D 00 ) E Cm co OS O (DE OC W7 ma _O U GTE0 Co N 9 •O , N Y M0 Ntd CL'O OO� xo U c N Oc'H ' O NO So EdNN� "i - Z.o 21`om2 OE�2 mEN 2 ro E0roo 8o QEUtG� ro O N C N Z. 0E t_0 'O 3 i (? d d O (D ■ #§d ! f c c 66a` \\)/ )/§�\ /\§Qa E$ 77 §}7)& )\)}\ in 2 \)7§) ) C O -D .- cu a) —M6 ou B M - E It C4 \ § $ v m2mD 'm 0 6 R CD \ ( ) � \o cL [� k-R��; )%)7»[ 7»%kf2 ) � _ 15 LO J cd 0 c ))) )} )�0 `° $ \).\() \8 U 6~o «�& @±f® =34 a;. ae:( /)\ f$] ƒ/f% ) - j \ M0 ) k\ �W, 2$ .� .2 -] k� )} kk \\ f® i) /) /) . E 7K0 �cd ■Ck° ® w)2\ s m d .-c E° Etj' ` 0%- 3 C 4) E E 00 3 ZLL Nwo li. V N d L 6 U {d _ N m 4O U +�. LO O Z' C m C L G C t N U N d J O Ul ul C G G U —pT. ` C N G Q U pi b +•S N j 'moi U O W N U 'O m E O C Q Q m N m a+ N 0 m O V�1 a •L-. C m N U .- O 9 a) a) a m E V {a C> N TU L ..S N V 'V' C v� p� �3oacdu �N pLpcO mN M. -a d cpo U t E. CD 00— 3� n' U 0) CL.- L. -p p. V m p U t0 N 2 (p $ �i N p m E m CO m V M .� a N C N U iL3 L C Vj u1 40) p) fd+ �, 'J - � = N T 7� > m +L-' '.' N o !0' ncNio wN �n m�a�4) -O �NL°NEo�cp m w g a m w c o y �cd�oacc tlp y a E° p -aa0jEPc0pmccd) EZ� rn pm�ccaa0p 5v (� m do>�o m= maw c p a� '> m'�v�Qm'�Ey `3 -'.No m or 4) °4)0 V; Eo a0 E�C��a) 0 p,w cm D'U) gyp. U�amX who �vnc8Unm CL mdn� O 4D 0 O y.a p C m G c v L m an d nU a)75r v U v mo�ro J =00 Ea�iiaa m �E °-_ O t7 roUc0 Nom U m 0.0 N O Tarn N d E V vc _O>NO Q T6cO Ca.- I F O c -pn m m a L C `p O N L W m 0 E G. L N U Qi S—(7 N m` m� a1 u m w i m d .. G O .L 3c _ pG L m ; U GO 0 m !. O. W1 E« Um a__ a) C N L -Op U p d C 67X CL >, W •� T 2 2 E d T> G L L a G O m U U O N a1 O m y G g m 0 ME 02 and �C9 U p 3 o m a+ i d H c �+ 0� a� r- t t d v _ R VN coo) ac. a1 C O U C O L: Y U >. N) U' �. Uos m V Ew� c 0''✓. L G1 �'a mya N d 0.0) G G L CCms-0�0V"8°C �O o4)'D mm o vL°Ev �ato'm PD O c U L [L L c q; 0 U N O mw O VJ c, u� }d c"5. wm�i�Urgi: V cLO C f� T. p O t3 U . a1: ^L iinhX{ JF �0�.o CL fl Cl) ca ac¢�m' J N'vEyCO U ..,. CO 0 `�=uvUN U 0, >j j� i ZE d v oil 03G O a-�0 Z a N ._ CD U N N fl 0D: o aa) c U (' C N vi 3 u E U Yi —° v=to�«E i U0)pO U� 00 9 0—19— cy Em O N(a d'c>m C 0 d a O a) N N�_UUE� N =a1 ._ N= _� N N 'i N 2 C 4y� N E a. O p E U N C U .a y A V a, m t O O V1 a a1 O c �NC�yOm aO LIQ O>N NNY m7Eo 0°: ccFO°-0°. oma «°�a3 EL) a) ca 0Lrn oco3C m�v U gU cT, (uEpfc Cm a7 _ 3: 0 L TL8 ONN- Na) N N U.V0 N�O o(Dy CN = a3 N o � y N 010 U ,00 aY .0 c .0 N „ J m V 'O O. ` 0 0) `m�`Lv'2�4)In ova 3E�a`) CMMID c �' dom'u, ado =mo- c lz � 6 N u a) a V- L„ c ,Z` ul ° m N @ al � V 0 a) ` c (0 c m �0n am oaoho vg �'N� m ommo@oma mo�co- Y cam accaFro°°m° ° �ID °°m EL? t�ozao 2)d) 4 E 3u°«:E�ya�E�°>n o c(.» � a� T N C N O. V 00 C O a) (a :a y y c ar . a cau ;v c Y o� 0? i' Nrn `o m ro c in .�N ai16 E0�oyo����a��°f �aoi�� «cm CU=o�U(D (D a)D0.yd _ Coco to c'opcco.� ro.a d' 3m Lu oa`�imvLu'n.�tio����o(o mQ("LOw�'c '`"crnM°.'�'ac'3 v�OdcomoaZmmoo voaoYcQE o° v°,Uvm"N E a`�ram� �Co z aciJQc o1c,� U� _v, 4) m m a v pmt ad °.�(mc¢a00o m�°Q ¢:�`V �'° (Ln �' d u0. a'c��c0._ a3UN`m- 3¢ .�'amE.,..� ov�X(,gm�cmV.. ororo r•. 3° o dm�aLmoa Z:'v 0 m E EUS o(�iUcU >��m c -t 2C�UU0. m vv c0. FLI N a) a7 = Y . O —lp� 0 0� z8q;=8v80) NNS E 08 N O O € :O = t0 .Q TN 75 W n m Yt V O E ° w M C 46.0 U ma� U .=>m @ E 0� a 16 0 w 0 c §$ . 2( ° g■ 2 WCL E S §§ 22Z § © ©af ■ §§Z /ƒk 31. cc E ¥ *( !£k±]) /»;aar2o!o- a$m-`! J :^#0 0v ! 7..o ® \/k�§(E\\\ k L . #ri§{•=@oa/ /2FkEk297{& 2q�\CL D %yam( k�/}( - $=)7/{ 7)a2@a 2\ �a&0,« 2 +®s=ƒ% 2{f/)& _${&\, c LO.12 /k)\\) \ .k r � ■ .-. $� Ek� .aa■ c r E.O 'r+ = c c E m 0 m a SZ Co C �A O c to N d 00 0 0 E 9 oo 0 z O z U- E LL o� o D U 3 R N 0m� nm N m m m -cd <t r a � y% Y: <() a c�_ui TmQOc¢UQ L �> �— NN 01 y` O U N L c f6 (� L O U L l0 � C l4 EN�0d .t. m N °. m��°jjU N wasa) 'd CL 4) po,e°'U"'''d0U p � G E m N� actio U N ° Nyy C c U N 0.00 -Op ° y 3�� Q a C a � C� l6 N O E (� N LL D. c N° t6 l0 N 3 C N 0, t0 C 33 Ty U 7 N N N l6 N N CL ° d 'p° O C N M d .d f� N c �+ C x° p p .S3 N cV i9 N y a C C N y U G ci 0 N C N C° ) U 0 n Y m N 0) W CLF N O Vi N N0. .� i 1 O T.�°- V Q.i9 ip c0 Q C N U �E aEvad EQ0 V EwV 000coNM dam nNNUow 2L amain l0 f0 O N N ltl E N C E N N ° ��oce mUUO.49E�� �mUoiUca+�ov U S Samaa Cd Co w, a � U N (WD (n N 6 m 0 X 75a c@@ ' 0 G U t6 N N (V I N V o) O• U O N U C N N ° �j 7 m cU c ` O o °O o �j a� 0 °) X o°°°aX o xU d U ii°) �o rn Qo a� �(� o c m 0 J LO EX w t � �- p N m p 3 r O N try) 0 h C� N cm N U c C Iu 40-.- N 0c E �'6 4) ¢°� Mccm Qw u>o ov>•m> 'y c 0 0 C U O di N ° N E° v o J coo N U G� 0 C N d U at0l.O O N N (U N NO 0(j C j ¢O > 000a m� v1 ftl¢ Epp c6V 6� 03 No N00 0 (D �X'm NU M dq ,x� U CNNat3 �v m tNil nm aN t�/J V cJ aW1 C'C�pC}} Np N OCNN da�pp O..N. ID° U= U 'U NaU EN+.7 YOC" N d(J C O aE .4:_ N C �� ac n$ CA O Ne�y 3m 0_° N N dp c,p N W W o E m� °cUv E E N L �> ' ao c U cow U S to ac mU � rno m i4 m Ea` we ca 2� �Utpa e� tnU oc°� C 0 cc ++' L R �a A4T1+ a iL t - \ \ - 000 »Ea oq \/\ k } \��/ /}� ,\-O �CNk 26-(( kkk \ CN \/ CL \ > \�\\ \\(k 0 \\) MOM (D �cn \` k\)} )k\\ 0�( ° \})/ f��§ f\ ))}}7 ))]§ E §Q§a eo ■/ j0) »)\]m >m o -=a §� 7) \�6) \/))co \§(\ e Gf%7 22 !) /< . . . a# �\ f# ®e .k)E k)k§f\[ƒ 2 -2>0 {E 7 2 U ;)x_±0[ / §- §`3 � \ [(D ƒk)#/J*; %\ )§ � �§ A w ■ CL D 7) E !f( E� ■ � > ®� } °} 0 \ \ d C 3 c 0 m me o 2c y- m +� L ry N -O m�E(Lim>.� v 00 L a -mom— c E% o d a m v t01 0 n E m 4) (ca d°c�Ecco X (00 ca5 rn (fy�3 ? +s E O m �+ ai o) m N v o 0 n -� C (D 0 tmn :° m m wayi v c W` n O c q1 claw m mU) E tLi3 6c=ioy ipU��Sn0 Qi O0 0 M a Z O N O n Qc m ay o m m t3 :r.. 'O N fALL O o�L�oE ;G ,g -E 0— c3��$ d COn� `ca c0i�rom�� N 6 V w N 0".Q K (/) C 3 a y X G CL 'O 0 Y OLEO, 41 N a m U '0p w J m E 0 r n Q m rn a� m c c c v o ID ' m y N-r 0 30 N N>N d U ° c c a.... �.y. N O YU a m C C N y rc l0 N O U7 N c c U 0 E cO L r U Imo. p_ c0) 0 0 C Y m G N O) � 0 p 0 .0c N 2 L° E °0} ° N 2 N v N i W d U N 0 C Ol L a;3U�(pc $�uNi°yccu o�U (�3Lam Eo ° .y m fi O^ 0 E C L - U y U O L c O O 0 U- G C V (� U m ��a�Uiom ocmc@ �o$°2t'caa .�EN0) _� CL $ram E nvE N O..N �O 0) m 0) 0 E N d m C C O 00 x 0 O 20—C,mUv ���nNn$'� u.mU Nd�(°iow wo.U' ca N (ry m N m O p N m U C. NmC O L . Us m m° m L m O N a CL 2 IJ L 0 '� C 01U LE c f`0 O (O J L0) "00 0 3 con N cL 3 �o5'M0 'D 0000 to Zcco c$m car _ qq o (o �0303IJ mk4m� U Ci • auc�$y(Qayv 0)� 21 0 N 0 N m .+ mL Na .2 -E EBI `mo �U c N "" E'o L c mE*a �(°a -o—-o U IM Ci NU' O U ,LnL y1 O G p_ L- U' O 0 m y 0 N (0j m c U .O mEUM g?o��mo8� cc `o cc gym)... 3o�U$'o. a,��M c,� cYtgg c Q._ �.m 0—CL o m ME tM (M n0 0)9 c Y c �= *20M) C m 0 0 m Z't O 0) v C V QY W LL 0.2 C CCOO U) 'G An O o.M= N v t d C y E ml :0 C G V � q d w, N Q � c N_ N fl w r .- {Q N O ��. N .�+' .,.,v Nom.: L O.. q ti O' N� m (i. tm � . O , O 4N 40 O N t0 +�-� N O VUN tctp MO., �'. 0—(M yO W'?U ON 'CIO�G`N (.1 ,51 O 0.0 O. .O a.,+'O �.Oi ��c N>' C'O. p U G C O N O: 3 SV.. L a1 L N O acOmcmc a CL W i? fi N N] ._ U h l N '=O N mac' N: .. ..L+ E u O M co j cm Q9 p U p. J G @U N > y O D 0 = T L jNE aC a c !3 013 � nl U EU c3 w L p C9N C' 0 �2_ US WS CL LL d > v ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RACHEL RICHMAN, CITY ATTORNEY DATE: MARCH 26, 2024 SUBJECT: DISCUSSION AND DIRECTION ON DRAFT CITY CHARTER LANGUAGE SUMMARY The City Council has been discussing the consideration of placing a City charter on the ballot in November 2024. Based on prior discussions with the Council committee on the Charter and Council Member comments at prior Council meetings, the City Attorney has drafted proposed language for Council review and comment. In addition to the proposed Charter language the staff report also lays out the timelines and actions to follow in order to meet the deadline to submit the Charter election to the County by August 9, 2024. STAFF RECOMMENDATION That the City Council take the following action: 1. Discuss the draft City charter; 2. Provide any direction on the draft City charter language; or 3. Take such additional, related, action that may be desirable. A charter acts as a constitution for a city. Article XI, section 3(a) of the California Constitution grants cities' voters the ability to adopt a charter. The City Council may adopt a charter, but to go into effect it must be approved by the City's voters. On January 24, 2023, then Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to evaluate the City's potential conversion to a charter city. The City Council continued the discussion to its February 14, 2023, meeting at which it established a charter committee consisting of Mayor Ly and Councilmember Armenta. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions as well as information provided by the League of California Cities on the various items that could be included in a new City charter. The charter committee shared its observations AGENDA ITEM 6.A City Council Meeting March 26, 2024 Page 2 of 4 provisions as well as information provided by the League of California Cities on the various items that could be included in a new City charter. The charter committee shared its observations with the City Council at its September 26, 2023 meeting and the Council discussed whether it wanted to adopt a city charter and the terms of any charter. The City Council's discussion of the proposed charter continued to its October 10, 2023 meeting. Before the City Council now is a draft of City charter based on the terms recommended by the City Council. Public Hearing Requirements to Adopt a City Charter Before submitting the proposed charter to the voters, the City Council must hold at least two public hearings on the charter as required by Government Code Section 34458, Notice of these hearings must be published in a community newspaper and in three public places at least 21 calendar days before each public hearin¢. The second public hearing must be at least 30 days after the first public hearing. At least one of the public hearings must be a special meeting held outside of normal business hours to facilitate public participation. After holding the two public meetings, the City Council must then adopt a motion submitting the proposed charter to the City's voters. The City Council, however, must wait 21 days after the second public hearing before adopting this motion. Tonight's meeting and the April 9, 2024 meeting are not public hearings as provided above, as they are for the Council to discuss the Charter, and there would not be time to notice for April 9, therefore they cannot count towards the City's two hearings required under Government Code Section 34458. At the April 0 hearing, staff would need to also obtain direction from the Council on dates for the Council's two required public hearings. As confirmed by the County Elections office, the cutoff date to submit the proposed charter to the County Clerk to get on the ballot for the November 2024 statewide general election is 88 days before the election, which would be Aueust 9, 2024. Theoretically, the latest the City could post notice of the first public hearing on the proposed charter and still submit the charter to the County Clerk is May 28, 2024, To hold two public hearings, 30 days apart before submitting the measure to the County, the following dates are being proposed: • Publication of first Notice of a Public Hearing is May 6, 2024, in the newspaper. • The first public hearing meeting can be scheduled for May 28, 2024 (21 days after Notice of Public Hearing publication of May 6, 2024). • Publication of second Notice of a Public Hearing is June 6, 2024, in the newspaper. • The second Public Hearing Meeting can be held after June 27th (30 days after the first public hearing meeting of May 28, 2024). City Council Meeting March 26, 2024 Page 3 of 4 If the City Council holds a special meeting on Tuesday, July 2, 2024, the City Council could vote to submit the proposed measure to voters at the July 23, 2024 City Council meeting (21 days after the second public hearing meeting is held per Gov. Code 34458). After approval by the City Council of the proposed measure, the City Clerk will submit the proposed measure and resolutions calling for a special election by August 9, 2024 (88 days before the November 5, 2024, Statewide General Election). Terms of Proposed Charter Under the proposed charter, the City would retain its council-manager form of government and the number, eligibility, salaries, and election of Councilmembers would not change. The table below highlights some of the key differences between the proposed charter and the City's current general law city status. Subject Matter General Law City Rosemead Proposed Charter Municipal Code Term limits May provide for term No term limits Term limits would be limits. Cal. Const. art. imposed after five XI, g 5(b); Cal Gov't consecutive four-year Code Section 36502 terms (either by election (b) or appointment). Partial terms would count as full terms. Would only apply prospectively Prosecuting Authority City only has the Follows State law Would give the City authority to enforce its authority to establish municipal code unless office of City Prosecutor it receives consent with authority to from County District prosecute City Attorney ordinances and certain State misdemeanors Economic City has Limited N/A Power to utilize Development authority to support revenues from the economic general fund to development projects encourage, support and within the City promote economic development Purchasing and Cities must follow Municipal Code Would give Council Contracts State Law on Chapters 3.24 authority to adopt own competitive bidding (Purchasing purchasing and System for Non- contracting procedures Public Works by ordinance Contracts) and City Council Meeting March 26, 2024 Page 4 of 4 FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: M Rachel Richman, City Attorney Attachments: 1. Draft City Charter 2. September 26, 2023 Staff Report (Discussion on Establishing a Charter for the City) 3. October 10, 2023 Staff Report (Continued Discussion on Establishing a Charter for the City) 3.28 (Public Project Bidding Procedures) follow State requirements for when formal and informal purchasing procedures are permitted Preference for Must follow No preference for Would give Council Veterans contracting veterans or authority to adopt procedures. Public disabled veterans ordinance to give Contracting Code veterans and disabled permits cities to grant veterans a credit of preferences to additional points in disabled veterans, but awarding contracts and not veterans other provisions permitted under law FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: M Rachel Richman, City Attorney Attachments: 1. Draft City Charter 2. September 26, 2023 Staff Report (Discussion on Establishing a Charter for the City) 3. October 10, 2023 Staff Report (Continued Discussion on Establishing a Charter for the City) ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 26, 2023 SUBJECT: DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY SUMMARY The City Council has had discussions related to creating a charter for the City upon which the residents could then vote on to approve or deny. As a part of the discussion a committee was established which included Mayor Ly and Councilmember Armenta. The Committee conducted two meetings with the City Attorney and the City Clerk and reviewed and discussed charter provisions as well as the information provided by the League of Cities on the various items that could be included in a new city charter. The Committee presented questions that were looked into by the City Attorney to allow for further discussion as well. At the conclusion of those meetings, it was determined that before taking further review and consideration on the overall Charter, there were items which the Committee wanted to have a discussion with the full Council on to see if they wanted to include certain provisions in the Charter different than what State law provides, where so authorized. In addition, the Committee wanted to share with the Council its thoughts on other various subject matters and to hear from the full Council. DISCUSSION To assist the Committee, it followed the League's chart on items to consider in a charter. The Council had been provided a copy of this chart previously. A new chart is attached to the staff report. This chart now includes an additional column where there where responses provided to the Committee based on questions asked. There is also information on the Committee's position on an item. For example did they want to defer to state law on the topic and include provision to that effect or not or if they wanted full Council input on an item. The Chart is attached with the additional column of information as well as noting the sections the Committee wanted to discuss in more detail which are highlighted as well as noted with These items include: AGENDA ITEM 7.1) City Council Meeting September 26, 2023 Page 2 of 2 • Elections • Term Limits • Contracting Services (want to see what consultant recommends) • Power to create an office of city prosecutor to prosecute misdemeanor violations of state law As it relates to the timing of a potential election on the charter, the Election Code has limitations on when an initiative to become charter law city can be considered by the voters. As confirmed by the County Elections office, Elections Code Section 1415 and 9255, provide that a new charter proposal measure has to be voted on at a statewide general election which occurs in November 2024. The cutoff date to submit the matter to the County is 88 days before election, which would be August 9, 2024. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Radwz&clunaw Rachel Richman, City Attorney Attachment: Committee Updated Chart with Comments TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: OCTOBER 10, 2023 0` 1 , • SUBJECT: CONTINUED DISCUSSION ON ESTABLISHING A CHARTER FOR THE CITY SUMMARY At the September 26, 2023, City Council meeting, the City Council continued the item for further discussion of establishing a Charter for the City. STAFF RECOMMENDATION That the City Council discuss the Charter and provide direction to Staff on any next steps it would like to take. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: �54— 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 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR LY AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: JUNE 27, 2024 SUBJECT: SECOND PUBLIC HEARING PURSUANT TO GOVERNMENT CODE 34458 ON PROPOSED DRAFT CITY CHARTER SUMMARY Over the last year and a half, the City Council has been discussing becoming a charter law city and placing the issue on the ballot at the November 5, 2024, election. At its March 26, 2024, meeting, the City Council directed that a draft charter be set for public hearings pursuant to State law. This is the second public hearing required by State law on the draft charter. The City's first public hearing on the draft charter was on May 28, 2024. After holding a second hearing on the draft charter, the City Council at an upcoming meeting may vote to adopt a motion submitting the proposed charter to the City's voters. The City Council must wait 21 days after the second public hearing before adopting this motion at a regular meeting, which would be on July 23, 2024. The deadline to submit the charter to the County for inclusion on the ballot for the November election is August 9, 2024. 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 wbether the City can enforce a different criminal penalty from state law given the changes under Proposition 47; the second question was what State laws have Charter cities been able to regulate as they chose versus being subject to State Law compared to General law cities. AGENDA ITEM 4.A City Council Meeting June 27, 2024 Page 2 of 7 In General, Cities Cannot Adopt or Enforce Criminal Ordinances that Conflict with State Law In general, a California city has authority to adopt local ordinances provided there is no express or implied preemption under state law. In general, if local regulation conflicts with state law, it is preempted and void. Local regulation can also be preempted by federal regulation. A conflict exists when local legislation duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication. As it relates to Penal code violations courts have generally held that if the State already specifically regulates the area that City's may not also regulate that area. For example, sex offender restrictions, People v. Nguyen, (2014) 222 Cal. App. 4th 1168. As it relates to the classification of crimes such as what was enacted under Proposition 47, crimes that have specifically be determined to be misdemeanors or felonies cannot have different penalties. That applies to both charter law and general law cities. As it relates to a Charter law cities' ability to become engaged in the enforcement of State Penal Code statutes that the District Attorney's office is electing to not prosecute, as we have discussed such activity require that we obtain District Attorney approval. Although the current DA Gascon is very unlikely to approve the request, a different DA may be agreeable as such requests were granted in the past. For further information on other LA County charter cities that enforce State Penal codes, please see email from me to the Council that was also provided to the public, dated October 10, 2023, and attached to this Staff Report. Comparison of Local Cities with Charters that Follow their Own Regulations from State law The table below highlights some provisions of local charters for Alhambra, Temple City and Pasadena, plus Huntington Beach as they are one of the most active charter cities in recent years being challenged by the State over its actions on charter authority. The topic areas noted include land use, elections, term limits, council compensation, and public contracting. It is important to note charters often include general provisions under which the city acts based on those broad authorities, similar to what Rosemead is considering, so it is difficult to know what they have done or implemented as being permitted under their charter authority and how the State may consider those actions if they have not been sued by the State. As to the various areas of regulation charter law cities may regulate, as the Council recalls we have used as our subject matter template the Cal Cities guide on charter law powers. The Cal Cities charter law powers chart is attached to this staff report for further reference. City Council Meeting June 27, 2024 Paee 3 of 7 City Land Use Elections Term Limits CouncilPublic Compensation/ Stipend 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 are on per month), but general cities or consistent the first 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 year3 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 aprimary 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 -I complies with 1 Alhambra Municipal Code Section 23.08.100. 2 Alhambra Charter Section 11.5. 3 Alhambra Charter Article XIX. ' Temple City Charter Section 502. 6 Temple City Charter Section 605. City Council Meeting June 27, 2024 Page 4 of 7 City Land Use Elections Term Council Public Contracts Limits Compensation/ Sti end maps and numbered years. Uniform Public various Otherwise, in Construction Cost development accordance with Accounting Act; projects must Elections Code4 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 $25,000.00' 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 Plan8 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 properly 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 ear enod10 methods." Huntington No general All general No term $l75 per month Contracts for Beach t plan elections are on limits and construction/im r 4 Temple City Charter Article V. ' Temple City Charter Section 607. 8 Pasadena Municipal Code Section 17.10.010. 9 Pasadena Charter Article X11. 11 Pasadena Charter Section 405. 11 Pasadena Charter Article X. City Council Meeting June 27, 2024 Page 5 of 7 City Land Use Elections Term Limits Council Compensation/ Stipend Public Contracts consistency the first Tuesday reimbursement ovement of public requirement. after the first for travel. buildings, streets, Monday in Compensation parks etc are HB has filed November in can be set by awarded to the lawsuits even -numbered ordinance in lowest responsible alleging that years; Elections addition to the bidder with the SB 9 and the are to be in base amounts in dollar threshold State's accordance with charter" set by Council RHNA Elections Code. ordinance14 calculations If conflict, do not apply charter prevails. or are flawed Recently added Section 705 (Special Provisions Relating to Municipal Elections), which allows City to "verify the eligibility of Electors by voter identification" and monitor ballot drop boxes. California sued HB over Section 70512 Court Rulings Involving Extent of Charter Powers The table below summarizes several court rulings that confirmed the authority of charter law cities. Case Ruling _ Mackey v. Thiel (1968) 262 Cal. App. 2d 362 Charter cities can conduct their elections according to their own standards if it does not conflict with State/Federal law 12 Huntington Beach Charter Article VII. 13 Huntington Beach Charter Section 302. 14 Huntington Beach Charter Section 614. City Council Meeting June 27,2024 Page 6 of 7 Case Ruling Howard Contracting, Inc. v. G.A. MacDonald Not required to comply with bidding statutes Constr. Co. (1998) 71 Cal. App. 4th 38, 51 provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair City of Redondo Beach et al v. State of California Charter cities not subject to SB 9 lot split bill (Case Number 22STCPO1143) (Trial court decision only not binding on any otherparties) Johnson v. Bradley 1992 4 Cal. 4th 389 Allows for public financing of elections Brougher v. Bd. of Public Works (1928) 205 Cal. Charter cities may establish own procedures for 426 enacting ordinances and resolutions County of Los Angeles v. City of Los Angeles May enact ordinances providing for various (1963) 219 Cal. App. 2d 838, 844 penalties so long as such penalties do not exceed any maximum limits set by the charter Cohn v. City of Oakland (1990) 223 Cal. App. 3d May impose real property transfer tax 261; Fielder v. City of Los Angeles (1993) 14 Cal. App, 4th 137 Tevis v. City and County of San Francisco, 43 California Constitution Article XVI, § 6, Ca1.2d 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 of Los in municipal affairs. Angeles, 188 Ca1.307, 317-18 (1922) • payment of wages to public employees is a municipal affair • the sale and distribution of electrical energy manufactured by the city is a municipal affair STAFF RECOMMENDATION The City Council: Conduct the Public Hearing and take any public comment. 2. Discuss and provide any direction on the draft City charter; and 3. Vote on whether to schedule a public hearing on July 23, 2024 to consider the adoption of the draft charter and placing it on the ballot for the November 5, 2024, election. FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. Costs for the election are included in prior staff reports. City Council Meeting June 27, 2024 Paee 7 of 7 ENVIRONMENTAL ANALYSIS This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the required public bearing notice for charter public hearings under Government Code 34458 and the regular agenda notification process. Prepared by: 4 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 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: MAY 28, 2024 SUBJECT: PUBLIC HEARING PURSUANT TO GOVERNMENT CODE 34458 ON DRAFT CITY CHARTER SUMMARY The City Council has been discussing placing a city charter on the ballot at the November 5, 2024 statewide general election. At its March 26, 2024 meeting, the City Council directed that a draft charter be set for public hearing pursuant to State law. This is the first public hearing required by State law on the draft charter. The City Council will be conducting a second hearing on the draft charter at a special meeting on June 27, 2024. After holding a second hearing on the draft charter, the City Council may 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. 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. Over the prior year of 2023, several Charter Committee meetings were held as well as several City Council meetings to discuss the merits of becoming a Charter Law City and what provisions to include in the Charter. At its March 26`h Council meeting, the City Council directed that public hearings be held to receive further public input. Public Hearing Requirements to Adopt a City Charter The purpose of this meeting is to discuss the proposed charter and specifically hear from the public on the charter. Before submitting the proposed charter to the voters, the City Council must hold at least two public hearings on the charter as required by Government Code Section 34458. Notice of these hearings must be published in a community newspaper and in three AGENDA ITEM 4.A City Council Meeting May 2g, 2024 Page 2 of 4 public places at least 21 calendar days before each public hearing. The second public hearing must be at least 30 days after the fust public hearing. At least one of the public hearings must be a special meeting held outside of normal business hours to facilitate public participation. Tonight's meeting qualifies as the City's first public hearing on the draft charter. The next meeting is set for June 27. After holding the two public hearings, the City Council may then adopt a motion submitting the proposed charter to the City's voters. The City Council, however, must wait 21 days after the second public hearing before adopting this motion. The deadline to submit the proposed charter to the County Clerk to get on the ballot for the November 2024 statewide general election is 88 days before the election, which would be August 9, 2024. Differences between General Law and Charter Cities Cities that are not governed by a charter are called "general law cities." The primary distinction between a general law city and a charter city is that charter cities have the ability to adopt rules and regulations over "municipal affairs" that are different than State law and apply to general law cities. For instance, general law cities must use the city -manager foam 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. Subleot 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 alt 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, 11 5(b); Cal Gov't year terms. Partial terms City Council Meeting May 28, 2024 Page 3 of 4 Code Section 36502 would count as full (b) terms. Would only apply prospective) 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 byordinance 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 May 28, 2024 Page 4 of 4 STA_U RECOMMENDATION That the City Council take the following actions: 1. Conduct the Public Hearing and take any public comment; 2. Discuss the Charter and provide direction on the City charter; and 3. Direct that the next Public Hearing be noticed for June 27, 2024 FISCAL IMPACT There is no fiscal impact associated with the recommendation of this report. ENVIRONMENTA REVIEW This agenda item does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. In addition, the Notice of Public Hearing was published in the Rosemead Reader, May 6, 2024. The public hearing notice was also published and translated into the following languages and published in their respective newspapers, Chinese L.A Daily News, La Opinion, and Saigon Times. Prepared by: Rachel Richman, City Attorney Attachments: A. Draft City Charter B. January 24, 2023 Staff Report C. February 14, 2023 Staff Report D. September 26, 2023 Staff Report E. October 10, 2023 Staff Report F. March 26, 2024 Staff Report G. Notice of Public Hearing INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(B)(4) REFERRALS Intimate Partner Battering (Domestic Violence) (Penal Code §273.5) The suspect has a prior felony or misdemeanor conviction involving violence, threats of violence, or weapons within the last 10 years A deadly weapon was used or brandished in the commission of the current offense. A deadly weapon is "any object, instrument, or weapon that is inherently deadly or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury." The victim suffered a significant injury. If medical attention was warranted, even if the victim declined, the case should be reviewed by LADA. Examples of significant injury include, but are not limited to: o Extensive bruising o Open wounds that required stitches or other medical care o Broken bones o Petechiae (Minute discolored spots on the surface of the skin or mucous membrane due to ruptured blood vessel) o Loss of consciousness Examples of non-significant injuries include, but are not limited to: o Minor redness o Swelling o Scratches o Moderate bruising • The suspect strangled or suffocated the victim. Strangulation is knowingly or intentionally impeding the normal breathing or circulation of the blood of another by applying pressure on the throat or neck of a person. • The victim is pregnant, and the suspect directed physical force at the victim's abdomen or made verbal threats against the pregnancy • The victim was particularly vulnerable (e.g., asleep. developmentally disabled, physically impaired) • The suspect has a history of making homicidal or suicidal threats • The suspect previously engaged or is currently engaging in stalking behavior • The suspect has threatened to abductor injure children or other family members • The suspect caused an injury to a pet See CALCRIM 875. Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE § 17(B)(4) REFERRALS DIRECT REFERRAL CRITERIA FOR PENAL CODE §17(b)(4) OFFENSES INTRODUCTION In March 2011, the Los Angeles County Prosecutors Association, Los Angeles City Attorney's Office, and the Los Angeles County District Attorney's Office (LADA) entered into an Inter - Agency Operational Agreement regarding Penal Code section 17(6)(4) referrals. The Operational Agreement streamlines the filing process by authorizing police agencies in jurisdictions served by city attorney(s)/prosecutor(s) to directly submit misdemeanor filing requests to the city attorney(s)(prosecutor(s) without first seeking review from LADA. The Operational Agreement does no/ apply to an investigation involving any offense that can only be filed as a felony (e.g.. murder, residential burglary, rape). Felony investigations must always be submitted first to LADA for review. Generally, all straight misdemeanor cases should be submitted to the prosecuting agency with jurisdiction. Section A provides exceptions to that general rule. Any investigation involving the potential violation of any crime listed in Section A must be submitted frrr/ 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 firs/ to LADA for review when any of the listed factors applies. The Operational Agreement permits the city attorney(sxprosecutor(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 attomey(s)/prosecutor(s) for misdemeanor filing. Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(8)(4) REFERRALS SECTION A LADA must first review all cases potentially involving any of the following offenses (including straight misdemeanors): • Penal Code §646.9 — Stalking • Penal Code §368 — Elder Abuse • Penal Code §136.1 —Witness Intimidation • Penal Code §243(c)(1). (2) — Crimes Against Peace Officers • All allegations involving police misconduct or public official corruption • All Hate Crimes (including violations of Penal Code §§422.6, 422.7, 594.3(b), and 11410 -11411) Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(B)(4) REFERRALS Forgery Charges/Passing a Non -Sufficient Funds Check/Grand Theft (Penal Code §§476a(s), 473(a), 487(a)) • The suspect has more than three prior felony or misdemeanor theft, receiving stolen property. or other fraud -related convictions within the last 24 months • The offense involved evidence of identity theft (e.g., fraudulent license or possession of multiple credit cards with different names) • The aggregate value of attempted or actual theft exceeded $2,500 Commercial Burglary (Penal Code §459 (Not during business hours or amount exceeding $950)) • 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 §I7(B)(4) REFERRALS SECTION B LADA must first review all cases involving the following offenses when any of the listed factors applies: Assault with Force Likely to Produce GBI (Penal Code §245(a)(4))' • The suspect has a prior felony or misdemeanor conviction involving violence, threats of violence, or weapons • The victim suffered a significant injury. If medical attention was warranted, even if the victim declined, the case should be reviewed by LADA. Examples of significant injury include, but are not limited to: o Extensive bruising o Open wounds that required stitches or other medical care o Broken bones o Petechiae(minute discolored spots on the surface of the skin or mucous membrane due to ruptured blood vessel) o Loss of consciousness Examples of non-significant injuries include, but are not limited to: o Minor redness o Swelling o Scratches o Moderate bruising • The suspect strangled or suffocated the victim. Strangulation is knowingly or intentionally impeding the normal breathing or circulation of the blood of another by applying pressure on the throat or neck of a person. ' For cases involving family members or intimate partners, please refer to the standards for violations of Penal Code §273.5. Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(13)(4) REFERRALS Child Abuse/Endangerment (Penal Code §273a(a)/273d)) Penal Code §273a(a) requires the likelihood of great bodily injury or death. Section 273d applies when injury is inflicted during discipline. Though a parent has a right to discipline his or her child. there are limits under the law. When a parent causes physical injury, a charge of violating section 273d may be warranted (e.g.. parent punches child in face for bad grades). Section 273(a)(b) concerns child abuse cases where there is no likelihood of GBI or death and are straight misdemeanors, not wobblers. If the victim is under the age of 8. the case should be brought first to LADA. If the victim is over the age -o 8,t e case s ould be brought first to LADA if. • The suspect has a prior felony or misdemeanor conviction involving violence, threats of violence, or weapons • There is prior DCFS contact (the results of a check of both ESCARS and the Family and Children's Index (FC'I) 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 • 'file 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 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 CALCRIM 875. Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17([3)(4) REFERRALS Unlawful Sexual Intercourse (Penal Code §261.5) • "file suspect has a prior investigation or arrest f'or committing a sexual offense • The suspect is 21 years old or older • The victim is 15 years old or younger • Alcohol or drugs were involved • The victim suffered from a traumatic condition (including pregnancy) in the instant case Criminal Threats (Penal Code §422) • The suspect has a prior felony or misdemeanor conviction involving violence, threats of violence or weapons • A weapon was used, brandished or mentioned in the commission of the offense Note: LADA must initially review all domestic violence -related criminal threat investigations. A crime involving domestic violence is when the victim is a spouse or former spouse, cohabitant or former cohabitant, person with whom suspect has or had a child, person with whom suspect is having or has had a dating or engagement relationship.. a child of a party, or any other person related by blood or marriage.4 Vandalism (Penal Code §594) • The suspect has a prior felony or misdemeanor conviction for vandalism • There is evidence that the offense was motivated by gang involvement • The property damage exceeded $2.500 Weapons Possessions • The suspect has a prior conviction for weapon or assault offenses within the last 24 months • A weapon was used in the commission of the offense • The weapon is a firearm See Penal Code § 13700 and Family Code §6211. Penal Code §§20310. 20410. 20510, 20610, 20710, 20910.21110. 21310, 21810, 22210, 22410. 24310, 24410. 30210(a). 30210(b). Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(B)(4) REFERRALS Driving Under the Influence Causing Bodily Injury (Vehicle Code §23153) (Excluding offenses punishable under Vehicle Code §§23560,23566(a) & 23566(6)) • The offense involved significant injury Examples of significant injuries include, but are not limited to: o Loss of consciousness o Injuries requiring admission to the hospital o Bone fractures o Injuries requiring sutures Examples of non-significant injuries include. but are not limited to: o Complaint of pain only o Minor bruising o Swelling o Abrasions Note: If at the scene there is only a complaint of pain, the investigating officer should interview the injured party, family member of the injured party, or medical personnel to assess whether the injury is significant before presenting the case for filing. This interview should be detailed in a supplemental report. If the injury is not significant. the case may be directly referred to the city attomey(s)/prosecutor(s) for misdemeanor filing consideration. Effective 6/4/21 INTER -AGENCY OPERATIONAL AGREEMENT PENAL CODE §17(B)(4) REFERRALS Hit and Run Driving Causing Injury to Another Person (Penal Code §20001) • The offense involved significant injury Examples ofsignificant injuries include, but are not limited to: o Lossofconsciousness o Injuries requiring admission to the hospital o Bone fractures o Injuries requiring sutures Examples of non-significant injuries include, but are not limited to: o Complaint of pain only o Minor bruising o Swelling o Abrasions Note: If at the scene there is only a complaint of pain, the investigating officer should interview the injured party, family member of the injured party, or medical personnel to assess whether the injury is significant before presenting the case for filing. This interview should be detailed in a supplemental report. If the injury is not significant, the case may be directly referred to the city 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), Vehicle Code §10851) The suspect has a prior felony or misdemeanor conviction for auto theft (VC § 10851 or PC §487(d)(1)) within the last 24 months The theft appears related to a criminal enterprise or chop -shop operation There was a pursuit involved in apprehension or arrest Effective 6/4/21 Attachment C Notice of Public Hearing MAYOR: SANDRA ARMENTA MAYOR PRO TEM: POLLY Low MARGARET CLARK SEANDANG STEVEN LY 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 NOTICE OF THIRD PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROSEMEAD ON TUESDAY, MAY 26, 2026 NOTICE IS HEREBY GIVEN that the Rosemead City Council will conduct a public hearing on Tuesday, May 26, 2026, at 7:00 PM, at Rosemead City Hall, located at 8838 East Valley Boulevard, Rosemead, California 91770. Remote public comments will be received via email at publiccomment@rosemeadca.gov by 5:00 p.m. up to the day of the meeting. 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 held at least two public hearings on the charter as required by Government Code Section 34458. The first public hearing was held on March 10, 2026 and the second public hearing was held on a non -regular, special meeting date on April 21, 2026. Before submitting the proposed charter to the voters, the City Council is holding a final public bearing 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@rosemeadca.gov. In addition, the City Council Agenda and Staff Report will be available on the City's website under Agendas and Meetings 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. -r: SANDRA ARMENTA R"$R: POLLY Low MARGARETCLARK SEAN DANG STEVEN LY 9.019*/07 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 2026 $ 5 Jq 26 19 (N -M-) 1t�zA�A:Tr�iq M Y 2026 5 q26 Q (-) 7:00 Rosemeadi(J (t�btlt: 8838 East Valley Boulevard, Rosemead, California 91770) LZ -TWf+publiccomment@rosemeadca.gov# ±WB1;A& AHTS 5:000 MfMIX flAMMAK , utam*)�FP PA Wt#I ADA T nii 1 AS N a2 ® Ericka Hernandez, 'Ep.pq: (626) 569-21000 W P1 zA 9, W -If 59 A WHIN* �i� o f R it TV a k`111 9, *T6AgIT9 raga -„«<it #ai N- H11 I'll �r7-Ty�r vria%J/ a�ij20263�10EJTr, s-%1`:�Av%��2026'4J�21E3Ir 1�1Frz# n1�a T7o yr# a # # SZi � a z�1, ria 9ITKaB MtflAJ %344581IrZ' A 1sLr7T—%� R A o Ericka Hernande,p: (626) 569-2100,�RT ehernandez@rosemeadca.govo 90�, r$a M a #IJ 1R >Yj TNkrffi a . A%l 99 � 72 www.rosemeadca.gov raAFE21W o V± AaMMAM; L �k > 1z i Rr�7 Jxx f,,R THI TRU6NG: SANDRA ARMENTA THI TRU6NG LANI TH6T: Pou.v Low THANH VIENHOIDO'NG: MARGARET CLARK SEAN DANG STEVEN LY 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 DIEN THOM (626) 569-2100 THONG BAO VE BUOI DIEU TRAM CONG KHAI THO' BA TRI dC HOI DONG THANH PHO CUA THANH PHO ROSEMEAD VAO THO' BA, 26 TW NG NAM, 2026 THEO DAY THONG RAW rang 116i Dong Thanh Pho Rosemead se c6 buoi dieu tran cling khai vao Thli Ba, 26 thione Nam, 2026, hic 7:00 eia toi, tai Rosemead City Hall, a dia chi 8838 East Valley Boulevard, Rosemead, California 91770. Chung t6i nhan y kien cua cling chung tis xa qua email tai publiecomment@rosemeadea.gov to nay t6i tru6c 5:00 gia chieu cua ngay hop. Se c6 th6ng dich vien de giup cac thanh vien trong cling chung n6i tieng Hoa (Quang Dong & Quan Thoai), tieng Tay Ban Nha, vA tieng Viet. Tat ca cac y kien la ho so cong khai vA se dune ghi lai trong ho so ehinh thuc cua Thank Pho. Neu quy vi c6 yen can tao dieu kien thuan titin then ADA, vui Tong lien lac v&i Ericka Hernandez, Luc Su Thanh Pho, theo so (626)569-2100. Hoi Dong Thanh Pho Rosemead dang danh gid tiem nang chuyen to mot thanh pho then luat Thanh pho thea luat chung sang mot thanh pho then luat hien chuong to quan. Mot thank pho then luat chung bi rang bu6c Mi cac luat chung cua tieu bang, bat ke den An de gay to ngai cho cong viec cua thanh pho. Mot thanh pho then luat hien chuang to quan co quyen can nhat trong "su vu cua thanh pho" vA A vay c6 the quy dinh cac van de cua Thanh Pho. Theo hien chuong duoc de nghi, Thanh Pho se gifr lai limb thuc quan ly hOi long cua chink quyen. Nhimg van de ve su vu cua thanh ph o^ se duoc sira doi then hien chuong duoc de nghi ban gom gi6i ban ve nhiem ky lam viec, ca quan cling to, cac van de phat trien kink te, quyen mua vA ky hap dong, va uu titin cho Cuu Chien Binh trong viec ky hop d"ong duoc luat phep cho phep. TITs6c khi nop hien chuong duoc de nghi cho cu tri, Hoi Dong Thanh PM phai to chuc it nhat hai buoi dieu tran cling cling ve hien chuang nay then yeu Eau cua B6 Ludt Chink Phu Phan 34458. Buoi dieu trap dau titin da duoc to chuc vao Thu Ba, 10 thing Ba, 2026 vA buoi dieu tran thu hai da dirge to chuc vao buoi hop dac bi6t, kh6ng phai hop thuang ky vao ngay 21 Thang To, 2026. Tru6c kW n6p hien chuong de nghi cho cac cu tri, Hoi Dong Thanh Pho se to chuc m6t buoi dieu tran cuoi cimg ve hien chuong nhu duoc yeu cau trong B6 Ludt Chinn Phu Phan 34458. De biet them chi tiet ve de nghi nay, vui l6ng lien lac v6i Ericka Hernandez, Luc Su Thanh Pho, then so (626) 569-2100 hoac ehernandez@rosemeadca.gov. Ngoai ra, Chuong Trinh Nghi Su cua 146i Dong Thanh Pho vA Bao Cao cua Nhan Vien se co san tren trang mang cua Thanh Pho trong phan "Chuang Trinh Nghi Su vA Lich Hop tai www.rosemeadca.gov it nhat 72 gia tru6c phien dieu tran cong khai. Bat ky nguai nao quan taln den cac thu tuc to lung neu tren c6 the c6 mat vao ngay gia vA dia diem neu tren de" phat bieu ung M, hoac phan doi (cac) muc duoc neu trong th6ng bao nay. MAYOR: SANDRA ARNIENTA MAYOR PRO TEM: PoLLYLow COUNCIL MEMBERS: MARGARET CLARK SEAN DANG STEVEN LY 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TEL$FONO (626) 569-2100 AVISO DE TERCERA AUDIENCIA PUBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD DE ROSEMEAD EL MARTES, 26 DE MAYO DE 2026 POR LA PRESENTE SE NOTIFICA que el Consejo Municipal de Rosemead 11evarA a Cabo Una audiencia p6blica el marten 26 de mayo de 2026, a las 7:00 p.m., en el Ayuntamiento de Rosemead, ubicado en 8838 East Valley Boulevard, Rosemead, California 91770. Se recibiran comentarios p6blicos remotos por correo electr6nico en publiccomment@rosemeadca.gov hasta las 5:00 p.m. del 26 de mayo de 2026. Habra interpretes disponibles para ayudar a los miembros del p6blico que hablan chino (cantons y mandarin), espafiol y vietnamita. 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 Hernandez, Secretaria de la Ciudad, al (626) 569-2100. El Consejo Municipal de Rosemead estA evaluando el potential de efectuar Una transition de Una Ciudad de derecho general a Una ciudad de derecho aut6nomo. Una ciudad de derecho general estd 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, per to tanto, puede gobernar sobre los asuntos de la ciudad. Bajo la carta constitutional propuesta, la Ciudad mantendria su forma de gobierno de Consejo-administrador. Las cuestiones relacionadas con asuntos municipales que se modificarian bajo la carta constitucional propuesta incluyen limites de mandato, autoridad de enjuiciamiento, asuntos de desarrollo econ6mico, autoridad de compras y contratos, y preferencia para IDS veteranos on la adjudicaci6n de contratos permitidos per la ley. Antes de someter la propuesta de carta constitucional a los votantes, el Conejo Municipal celebr6 al menos dos audiencias p6blicas sobre dicha carta, tal como to exige la Secci6n 34458 del C6digo de Gobierno. La primera audiencia p6blica se celebr6 el 10 de marzo de 2026, y la segunda audiencia p6blica tuvo lugar en Una sesi6n especial no ordinaria el 21 de abril de 2026. Antes de someter la propuesta de carta constitucional a los votantes, el Conejo Municipal celebrarA una audiencia p6blica final sobre la carta, tal como to exige la Secci6n 34458 del C6digo de Gobierno. Para obtener Inas detalles sobre esta propuesta, per favor comuniquese con Ericka Hernandez, Secretaria de la Ciudad, al (626) 569-2100 o ehernandez@rosemeadca.gov. Ademas, la Agenda del Consejo Municipal y el Informe del Personal estardn disponibles en el Sitio web de la Ciudad en Agendas y Reunions a www.rosemeadea.gov 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.