Laserfiche WebLink
I.4►IJ RICHARDS I WATSON I GERSHON <br />V411 ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION <br />355 South Grand Avenue, 40th Floor, Los Angeles, California 90071-3101 <br />Telephone 213.626.8484 Facsimile 213.626.0078 <br />MEMORANDUM <br />to: Honorable Mayor and Members of the City Council <br />from: Carol W. Lynch, City Attorney <br />Shiri Klima, Assistant City Attorney <br />date: July 6, 2010 <br />subject: City Council Questions Raised at Public Meeting on June 29, 2010 regarding <br />Becoming a Charter City, and Responsive Answers Thereto <br />On June 29, 2010, we presented to the City Council of the City of Rancho Palos Verdes ("City") <br />on the issue of becoming a charter city. We also submitted an extensive staff report on this topic. <br />At the meeting, the Council asked three questions to which we did not have immediate responses <br />and which we have subsequently researched. Below in bold are the Council's questions and our <br />researched responses. <br />I. Do the elements of the City's general plan need to be revised as frequently in a <br />charter city as they do in a general law city? <br />In a general law city, the housing element of a general plan must be revised "as frequently as <br />appropriate," but in any case at least once every five years. Gov't Code § 65588(a), (b), <br />(e)(3)(B). The other general plan elements must be reviewed only periodically and updated as <br />warranted by changing circumstances. Gov't Code § 65103(a); see also Curtin's California Land <br />Use and Planning Law, 2009 edition, chapter 2, pages 15-16. <br />Regarding charter cities, Government Code Section 65700(a) states: <br />"The provisions of [Chapter 3 regarding Local Planning, Government Code section <br />65100 et seq.] shall not apply to a charter city, except to the extent that the same may be <br />adopted by charter or ordinance of the city; except that charter cities shall adopt general <br />plans in any case, and such plans shall be adopted by resolution of the legislative body of <br />the city, or the planning commission if the charter so provides, and such plans shall <br />contain the mandatory elements required by Article 5 (commencing with Section 65300) <br />of Chapter 3 of this title." <br />Thus, so long as a charter city adopts a general plan by resolution that contains the mandatory <br />elements, the revision requirement does not apply unless the city's charter or ordinances adopt <br />R6876-0001 \1240890v2.doc 11 <br />