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LWV League of Women Voters of California Education Fund
Smart Voter
Los Angeles County, CA November 4, 2008 Election
Measure CC
City Charter Adoption
City of Rosemead

Ordinance - Majority Approval Required

Fail: 3,845 / 37.53% Yes votes ...... 6,399 / 62.47% No votes

See Also: Index of all Measures

Results as of Nov 28 5:11pm, 100.00% of Precincts Reporting (24/24)
Information shown below: Impartial Analysis | Full Text

Shall the proposed City Charter of the City of Rosemead be adopted?

Impartial Analysis from City Attorney
BONIFACIO BONNY GARCIA
A “charter city” possesses a charter that serves as its “constitution” and provides residents with maximum local control over their municipal affairs. Measure CC will transform Rosemead from a “general law” city to a charter city through the adoption of a charter. The charter’s provisions include term limits for City Councilmembers.

In charter cities, the city council supersedes the state legislature as the leading authority over “municipal affairs” of that city. All cities are still subject to state laws on matters of “statewide importance,” including: environmental regulations, general criminal and penal provisions, and laws concerning open meetings, public records and redevelopment. Rosemead will remain subject to all constitutional limitations on taxation and property-related fees. Thus, no new taxes or property-related fees could be imposed without voter approval. A city charter must be adopted by ballot measure passed by a majority of voters in Rosemead.

The following summarizes the proposed charter’s provisions:

Preamble
This section states reasons for adopting the charter.

Section 1.1
This section states that a new entity has not been created. All previously adopted ordinances remain in effect, except where inconsistent with the charter’s provisions.

Section 2.1
This section affirms that the “Council––City Manager” form of government will continue. The City Manager’s basic duties are outlined.

Section 2.2
This section confirms that the City Council is comprised of 5 members, each serving 4-year terms and who select a mayor and a mayor pro-tem annually.

Section 2.3 through 2.5
These sections confirm that eligibility and election to Council are governed by state law.

Section 2.6
This section establishes Council term limits to 3 consecutive 4-year terms. The limits apply prospectively. A person would not be eligible to hold a Council seat until two years after he or she leaves office.

Section 3.1
This section states that the City shall have the power to legislate over any matter that is considered a “municipal affair” under state law.

Sections 3.2 and 3.3
These sections confirm that the City retains all powers granted by the state and federal constitutions, as well as non-conflicting general state law.

Section 4.1
This section recognizes the ability to legislate over contracting and purchasing matters.

Section 4.2
This section recognizes economic development as serving an important public purpose.

Section 4.3 and 4.4
These sections purport to protect City finances from involuntary reduction by other government entities and from being required by other entities to perform tasks for which funds have not been allocated.

Section 5.1
This section sets forth the intent of the voters to preserve the maximum home rule authority of the City.

Section 5.2
This clause ensures that if part of the charter is declared invalid by a court, other portions will still remain in effect.

A “YES” VOTE MEANS that you want Rosemead to have a charter.
A “NO” VOTE MEANS that you do not want Rosemead to have a charter.

  Official Information

City of Rosemead
Nonpartisan Information

Ballotpedia
News and Analysis

San Gabriel Valley Tribune

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Full Text of Measure CC
Read it in


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Created: January 24, 2009 10:34 PST
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