Cal. Apartment Assn. v. City of Pasadena (2025)

Citation: Cal. Apartment Assn. v. City of Pasadena (2025)
Parent Document: Cal. Apartment Assn. v. City of Pasadena (2025)
Jurisdiction: California (state)
Effective Date: 2025-12-18
Original Source: https://www.courtlistener.com/opinion/10761039/cal-apartment-assn-v-city-of-pasadena/ ↗

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supra, 3 Cal.5th at pp. 933-934.) Likewise, in reviewing initiative
measures, “[w]e first examine the language of the initiative as
the best indicator of the voters’ intent. [Citation.] We give the
words of the initiative their ordinary and usual meaning and
construe them in the context of the entire scheme of law of which
the initiative is a part, so that the whole may be harmonized and
given effect.” (Schmeer v. County of Los Angeles (2013)
213 Cal.App.4th 1310, 1316.) “ ‘ “[W]e do not consider or weigh
the economic or social wisdom or general propriety of the
initiative, but rather evaluate its constitutionality in the context
of established constitutional standards.” ’ [Citation.] The
‘ “initiative power must be liberally construed to promote the
democratic process.” ’ ” (Jensen v. Franchise Tax Bd. (2009)
178 Cal.App.4th 426, 432-433; accord, California Cannabis
Coalition, at p. 934; Rossi v. Brown (1995) 9 Cal.4th 688, 695.)
“An initiative measure ‘ “must be upheld unless [its]
unconstitutionality clearly, positively, and unmistakably
appears.” ’ ” (The Park at Cross Creek, LLC v. City of Malibu
(2017) 12 Cal.App.5th 1196, 1203.)
        1.    The Constitution’s amendment and revision
              provisions
        The California Constitution addresses matters of local
government under article XI. Section 3, subdivision (a)
authorizes a county or city to adopt, for purpose of its governance,
“a charter by majority vote of its electors voting on the question.”
(Cal. Const., art. XI, § 3, subd. (a).) An adopted charter “may be
amended, revised, or repealed in the same manner.” (Ibid., italics
added.) While none of these terms is defined, section 3,
subdivision (b) provides: “The governing body or charter
commission of a county or city may propose a charter or revision.

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