CHARTER PROPOSAL/MEASURE “___”
THE PEOPLE OF THE CITY OF LAGUNA BEACH DO HEREBY ADOPT A CITY CHARTER FOR THE CITY OF LAGUNA BEACH AS FOLLOWS:
SECTION 1. Text of Charter Proposal. Subject to the approval of a majority of the voters of the City of Laguna Beach at the scheduled election so designated by City Council resolution placing the proposal on the ballot for such election, the voters of the City of Laguna Beach hereby adopt a City Charter to read as follows:
CITY OF LAGUNA BEACH CHARTER
PREAMBLE
We the people of the City of Laguna Beach declare our intent to restore to our community the historic principles of self-governance inherent in the doctrine of home-rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City, we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Laguna Beach.
ARTICLE I
NAME AND BOUNDARIES
100. Name and Boundaries
The municipal corporation now existing and known as the City of Laguna Beach, hereafter referred to as "the City," shall remain and continue to be a municipal body corporate and politic, as at present, in name, in fact, and in law.
The boundaries of the City shall be as established at the time this Charter takes effect, or as they may be changed thereafter in the manner authorized by law.
Attachment 2
9 ARTICLE II
POWERS OF THE CITY
200. Exercise of Constitutional Power over Municipal Affairs.
The City of Laguna Beach adopts this Charter to exercise all Constitutional powers conferred on charter cities under Article XI sections 3 and 5 of the California Constitution. The City shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions relating to municipal affairs, without limitation, subject only to such limitations and restrictions as may be provided in this Charter and the Constitution of the State of California. The enumeration in this Charter of any power, duty or procedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power. Without limiting in any manner the foregoing power and authority, each of the powers, rights, and responsibilities described in this Charter is hereby declared to be a municipal affair, the performance of which is unique to the benefit and welfare of the citizens of the City of Laguna Beach. In the event of a conflict between this Charter or the City’s Municipal Code and the general law, the provisions of this Charter or the Code shall govern.
201. General Law Powers.
In addition to the power and authority granted by the terms of this Charter and the Constitution of the State of California, the City shall have the power and authority to adopt, make, exercise and enforce all legislation, laws and regulations and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between the provisions of this Charter or of the City’s Municipal Code and the provisions of the general laws of the State of California, the provisions of this Charter or the Code shall control. 202. Powers Vested in the City Council.
All powers of the City shall be vested in the City Council except as otherwise provided in this Charter.
203. Ordinances; Violation; Penalty.
The City Council shall by ordinance determine whether a violation of any ordinance of the City or a provision of the Laguna Beach Municipal Code shall constitute a misdemeanor or an infraction and shall be punishable as provided by State law for violation of ordinances of cities. 10 204. Intergovernmental Relations.
The City may exercise any of its powers or perform any of its functions jointly, or in cooperation, by contract or otherwise, with any one or more cities, counties, states, or civil divisions or agencies thereof, or the United States or any agency thereof.
205. Public Works.
The City shall have the power to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works contract, including, but not limited to, the compensation rates to be paid for the performance of such work.
206. Public Financing.
The City shall have the power to establish standards, procedures, rules or regulations related to any public financing.
207. Utility Franchises.
The City shall have the power to adopt any ordinance providing for the acquisition, development, or operation by the City of any public utility. The City shall have the power to adopt any ordinance providing for the granting of a franchise, license, or permit to any public utility not owned by the City which proposes to use or is using City streets, highways, or other rights-of-way. 208. Enterprises.
The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose.
209. Economic Development.
The City shall have the power to utilize revenues from the general fund or any other fund dedicated to said purpose to encourage, support and promote economic development.
210. Reductions Prohibited.
Any revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government.
11 211. Mandates Limited.
No person, whether elected or appointed, acting on behalf of the City, shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority.
ARTICLE III
SUCCESSION
300. Rights and Liabilities.
The City shall remain vested with and continue to have, hold, and enjoy all property, rights of property, and rights of action of every nature and description now pertaining to this municipality, and is hereby declared to be the successor of same. It shall be subject to all the obligations, contracts, liabilities, debts, and duties that now exist against or with the City.
301. Ordinances, Codes, and Other Regulations.
All ordinances, codes, resolutions, regulations, rules, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, shall continue in force until repealed, amended, changed, or superseded in the manner provided by this Charter and any other applicable laws.
302. Pending Actions And Proceedings.
No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, or department thereof, shall be affected or abated by the adoption of this Charter, or by anything herein contained.
303. Rights of Officers and Employees Preserved.
Nothing in this Charter contained, unless otherwise specifically provided herein, shall affect or impair the merit system, pension, or retirement rights or privileges of officers or employees of the City, or of any office, department or agency thereof, existing at the time this Charter takes effect. 304. Continuance of Contracts and Public Improvements.
All contracts entered into by the City or for its benefit prior to the effective date of this Charter
12 and then in effect, shall continue in full force and effect according to their terms.
Public improvements for which proceedings have been instituted under laws existing at the time this Charter takes effect, in the discretion of the Council, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws or may be continued or perfected under this Charter.
ARTICLE IV
FORM OF GOVERNMENT
400. Form of Government.
The form of government shall be that commonly known as the Council-Manager form of government. The City Council, consisting of five councilmembers elected for four year staggered terms, in the manner in effect when this Charter was adopted, shall establish the policy of the City and the City Manager shall carry out that policy. Each Councilmember in office at the time this Charter takes effect shall continue in office until the end of the term for which they were elected or appointed.
401. City Council.
A. The elective officers of the City shall consist of five City Councilmembers elected at large, as regulated by Laguna Beach Municipal Code Chapter 2.04, or any successor ordinance duly adopted in accordance with applicable law. The term of each office shall be for four years. Each City Councilmember, upon qualification, shall serve during said term until the term of the successor to such office commences.
B. The five Councilmembers of the City Council in office at the time this Charter, or amendment thereto, takes effect shall continue in office representing the City or their respective districts until their respective successor's term commences and the successor has qualified.
C. Ties in election voting for Councilmember candidates shall be settled according to State law.
D. No Councilmember shall hold any other City office or City employment, and no former Councilmember shall hold any compensated City office or City employment until two years after leaving the office of Councilmember.
E. Neither Council nor any of its members shall interfere with the execution by the City Manager of the City Manager’s powers and duties, or order, directly or indirectly, the appointment by the City Manager or by any 13 of the department officers in the administrative service of the City, of any person to an office or employment or their removal therefrom, as set forth in Laguna Beach Municipal Code Chapter 2.08, or any successor ordinance duly adopted in accordance with applicable law. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service under the City Manager solely through the City Manager, and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. 402. City Treasurer; City Clerk; [City Attorney].
[Left blank to solicit City Council input as to whether to include qualifications, compensation, or address other matters.] 403. City Manager.
[Left blank to solicit City Council input as to whether to include in the Charter, as opposed to leaving in the Municipal Code, rules for appointment and operation of a City Manager.]
404. Officers and Employees.
Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employment without interruption and for the compensation provided by the existing ordinances, resolutions, rules, or laws, and under the same conditions until the election, appointment, or hiring and qualification of their successors and subject to such removal and control as provided herein or by applicable law.
ARTICLE V
PERSONNEL SYSTEM
500. Existing Civil Service System.
Subject to the provisions of this Charter, to the extent that existing Civil Service ordinances, resolutions, rules and regulations of the City are not in conflict with this Charter, they are continued in full force and effect, and to the extent that they are in conflict they are hereby repealed. 14 ARTICLE VI
RETIREMENT
600. State System.
The City, its City Council and its several officers, agents and employees are empowered to do and perform any act, and to exercise any authority granted, permitted, or required under the provisions of the Public Employees' Retirement Law, as it now exists or hereafter may be amended, to enable the City to continue as a contracting City under the Public Employees' Retirement System. The City Council may terminate any contract with the Board of Administration of the Public Employees' Retirement System only pursuant to an ordinance adopted by a majority vote of the legally registered voters of the City, voting on such proposition at an election at which such proposal is presented.
ARTICLE VII
ELECTIONS
700. General Municipal Elections.
General municipal elections for the election of officers of the City and for such other purposes as the City Council may prescribe shall be held in the City on the same date and at the same time as the Statewide General Election, in accordance with Laguna Beach Municipal Code section
1.08.010.
701. Special Municipal Elections.
All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. 702. Procedure for Holding Elections.
Except as otherwise provided in this Charter and except as may otherwise be provided by ordinance enacted by the Council and not inconsistent with the provisions of this Charter, all municipal elections shall be held, canvassed, conducted and otherwise governed by State law. 703. Initiative, Referendum, and Recall.
There are hereby reserved to the voters of the City the powers of the initiative and referendum and of the recall of municipal elective officers.
Except as may otherwise be provided by ordinance enacted by the Council, 15 and not inconsistent with the provisions of this Charter, State law shall apply.
ARTICLE VIII
INTERPRETATION AND AMENDMENT
800. Construction and Interpretation.
The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair.
801. Effective Date of Charter/Amendment.
This Charter shall take effect upon its approval by a majority of the City of Laguna Beach voters voting at an election scheduled for that purpose and by the Secretary of State of the State of California. Any amendment to this Charter shall be effective when approved by a majority of the City of Laguna Beach voters voting at an election scheduled for that purpose and has been accepted and filed by the Secretary of State pursuant to Government Code Section 34460.
ARTICLE IX
MISCELLANEOUS
900. Definitions.
Unless the provision or the context otherwise requires, as used in this Charter:
a. "City" is the City of Laguna Beach and "department," "board," "commission," "agency," "officer," or "employee," is a department, board, commission, agency, officer or employee as the case may be, of the City of Laguna Beach.
b. "County" is the County of Orange.
c. "Shall" is mandatory, and "may" is permissive.
d. "State" is the State of California.
e. "State Constitution" is the Constitution of the State of California. 16 f. "Voter" is a registered voter.
For purposes of interpretation, the masculine, feminine, or neuter gender, and the singular or plural number shall be deemed to include the others whenever the context so indicates.
901. Violations.
The violation of any provision of this Charter shall be a misdemeanor and shall be punishable per State law.
902. Validity/Severability.
If any provision of this Charter or the application thereof to any person or circumstance is held invalid, the remainder of the Charter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
SECTION 2. Approval, Filing and Recordation of Charter Proposal. Pursuant to California Government Code Section 34460, if approved by a majority of voters, the Mayor and City Clerk shall certify, authenticate, and attest to the passage of this Charter Proposal. The City Clerk shall also (i) record one copy of this Charter Proposal with the Orange County Recorder’s Office, (ii) file one copy in the City’s archives, and (iii) file one copy with the California Secretary of State. Each copy recorded with the County Recorder and filed in the City’s archives shall also be filed with the following documents:
A. Certified copies of all publications and notices required of the City by State law in connection with the calling of an election to propose the Charter Proposal.
B. Certified copies of any arguments for or against the Charter Proposal that were mailed to voters pursuant to California Elections Code Sections 9281 et. seq.
C. A certified abstract of the vote at the election at which the Charter Proposal was approved by the voters.
SECTION 3. Ratification and Effective Date. Pursuant to California Government Code Section 34459, this Charter Proposal shall be deemed ratified if approved by a majority of the eligible voters of the City of Laguna Beach voting at the General Municipal Election of November 3, 2026. However, this Charter Proposal shall not take effect until it has been accepted and filed by the Secretary of State pursuant to Government Code Section 34460.
SECTION 4. Severability. If any provision of this Charter Proposal or the application thereof to any person or circumstance is held invalid, the remainder of the Charter Proposal and the application of such provision to other persons or circumstances shall not be affected thereby.
17 I hereby certify that the foregoing Charter Proposal was PASSED, APPROVED AND ADOPTED by the People of the City of Laguna Beach on the 3rd day of November, 2026.
Mark Orgill, Mayor
City of Laguna Beach
Attest:
Ann Marie McKay, City Clerk
Approved as to form:
Megan Garibaldi, City Attorney
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