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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       Notwithstanding these delegations of administrative and
executive authority, the Charter does not state that the powers of
the Mayor and City Manager are to be exclusively held or that
specific exercises of those powers cannot be further delegated.
The Charter already exempts “officers appointed by the City
Council” from the City Manager’s powers to “appoint, promote,
discipline and terminate the employment of all officers and
employees of the City.” (§ 604(C).) It similarly exempts “the City
Attorney, City Prosecutor, and City Clerk, and their respective
staffs” from the City Manager’s powers to “exercise supervision
and control over all departments, divisions, and offices of the
City.” (§ 604(D).) Further, the Charter allows the City Council to
review and vote to overrule or modify any action, determination,
or omission of the City Manager. (§ 604(J).) And as with the
grant of rule-making authority, any administrative and executive
powers held by the Rental Board are confined to the specific and
narrow scope of Measure H’s rent control and just cause eviction
provisions. (§ 1811(e).) The Mayor and City Manager retain
their respective authority for all other municipal functions.
       We are not persuaded by petitioners’ comparison of the
Rental Board to the “pension commission” that would have been
created by the initiative in McFadden. The McFadden court
explained this new five-member commission would be delegated
far-reaching and largely unchecked powers that would place it
“substantially beyond the system of checks and balances which
heretofore has characterized our governmental plan.”
(McFadden, supra, 32 Cal.2d at p. 348.) The commission would
have exclusive authority to amend the initiative’s provisions,
with which every conflicting “sentence and clause of our
Constitution” would be repealed. (Ibid.) Courts would also be

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