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/ ↗

Full Text

1,864 chars

18
       First, Measure H does not usurp legislative powers from
the City Council or the Mayor. The Charter states that “[a]ll
powers of the City shall be vested in the City Council subject to
the provisions of this Charter and to the Constitution of the State
of California.” (§ 409.) The City Council is empowered to appoint
and remove the City Manager, City Attorney, City Prosecutor,
and City Clerk (§ 410) and obligated to “provide for the
organization of all city operations and activities” through the
creation and abolishment of “city departments, offices and
agencies, advisory boards, commissions and committees,” and
modification of their respective “functions, powers, and duties”
(§ 411). The Mayor “shall be a voting member of the City Council
and shall preside at meetings of the City Council.” (§ 406.)
       Without disturbing any of these provisions, Measure H
empowers the Rental Board to “[e]stablish rules and regulations
for the administration and enforcement of” its provisions.
(§ 1811(e)(2), (f).) This delegation of rule-making power to the
Rental Board is not unique. Similar delegations are found
throughout the City’s municipal code. For instance, the City
Manager is authorized to “establish such rules and regulations
relating to the conduct of departments under his direction and
control as he deems necessary.” (Pasadena Mun. Code,
§ 2.40.050; see also, e.g., id., § 2.250.090(N) [retirement board
“shall have the power to make all rules and regulations necessary
for the administration of the retirement system not inconsistent
with the provisions of the Charter and this chapter”]; id.,
§ 4.04.070 [finance director “shall promulgate rules and
regulations for the implementation of” chapter pertaining to
City’s disposition of salvage and scrap property]; id., § 4.56.155
[tax administrator “may adopt administrative rules and

Other Sections in This Document (114)

Full Text