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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initiative would have in terms of expressly repealing or altering
existing constitutional provisions. (McFadden, supra, 32 Cal.2d
at pp. 334-346.)
       Nonetheless, petitioners argue that, even without explicit
repeals or alterations, Measure H “substantially, if indirectly,
affects and qualifies a host of existing charter provisions.” They
particularly focus on provisions granting certain powers to the
City Council and City Manager. But contrary to petitioners’
contentions—and as discussed in more detail in the following
section—none of these provisions precludes creation of an
independent rental housing board. For example, the Charter
grants “[a]ll powers of the City” to the City Council but states
that that grant of power shall be “subject to the provisions of this
Charter,” thus recognizing the absolute scope of the City
Council’s authority may be limited elsewhere in the Charter.
(§ 409.) Likewise, the Charter states that specific administrative
and executive powers “are delegated to and vested in” the City
Manager, but it does not state that these powers must be
exclusively held by the City Manager, nor does it state that other
such powers may not exist and be held by other entities within
the local government. (§ 604.)
       In sum, as a quantitative matter, Measure H’s changes
were “not ‘so extensive . . . as to change directly the “substantial
entirety” of the Constitution by the deletion or alteration of
numerous existing provisions.’ ” (Strauss, supra, 46 Cal.4th at
p. 431.)
       4.    Qualitative effect
       Petitioners also argue Measure H imposed substantial
qualitative changes on the City Charter. Petitioners contend
Measure H revised the City’s basic plan of government by

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