STAFF REPORT
Meeting Date: March 1, 2022
To: Honorable Mayor and City Council
From: Keith Sterling, Chief Communications Officer
Cynthia Owens, Policy and Management Analyst
Subject: Request by Councilmember Gold - June 7, 2022 Term Limit Ballot Initiative for City Council and City Treasurer Elected Service – Information Dissemination to the Public
INTRODUCTION
On February 16, 2021, the City Council adopted a resolution to present an ordinance to the voters in Beverly Hills which, if successful, would establish term limits for City elected officials. The resolution also directed the City Attorney to prepare an impartial analysis of the ballot initiative (Attachment 1). This item provides an overview of the steps City staff is undertaking to provide educational information on the term limit ballot initiative to the voters in Beverly Hills.
DISCUSSION
Background
At the January 26, 2021 Study Session, a majority of the City Council approved placing a ballot initiative regarding term limits for the City Council and City Treasurer positions.
The City Council provided direction to staff to draft a resolution and a proposed ordinance for a ballot initiative to establish a three-term limit (12-years) for the City Treasurer and City Councilmembers at the next regularly scheduled election.
On February 16, 2021, the City Council adopted Resolution No. 21-R-13331 as a result of the direction provided by a majority of the City Council. The resolution places a ballot initiative on the June 7, 2022 statewide election, or the next regularly scheduled election whichever occurs earlier, for the registered voters in Beverly Hills to consider and approve at three-term limit (12-years) for City elected positions which would consist of the City Treasurer and City Councilmembers. As written, a person can serve a total of three-terms as a City Councilmember over one’s lifetime and can serve a total of threeterms as the City Treasurer. If a person is appointed or elected to a vacated City Council or City Treasurer position for less than two years, then the partial term would not count toward the three-term limit. In order for the term limit ordinance to take effect, it must be approved by a majority of registered voters in Beverly Hills.
Attachment: 1. Resolution No. 21-R-13331
Meeting Date: March 1, 2022
Public Outreach Plan
City staff is proposing to follow a similar public outreach and communications plan for the ballot measure on term limits as with the City’s November 2020 Measure RP.
Measure RP, which was adopted by the registered voters in Beverly Hills, provides that if, and only if, the County of Los Angeles seeks to raise a transaction and use tax (sales tax) in Beverly Hills, then the City is authorized to prevent this County tax increase and instead increase the Beverly Hills transaction and use tax by up to ¾ percent.
City staff provided educational information on Measure RP to the general public through a variety of communication channels. Staff was provided direction to disseminate this information to residents prior to the date of mail-in ballots being sent out by Los Angeles County. The public outreach educational information campaign included:
1) Direct mail piece disseminated to all residential addresses in the City. 2) Placing information advertisements in local newspapers a. The Beverly Hills Courier (September 17, 2021; September 24, 2021; and October 15, 2021)
b. The Beverly Press (September 16, 2021 and September 23, 2021) c. The Beverly Weekly (September 16, 2021 and September 23, 2021) d. Jewish Journal (September 25, 2021)
3) Publishing four social media posts
4) Including information in the elections Voter Guide from the City Clerk’s office to all registered voters and residents in Beverly Hills.
5) Providing information to community members at several virtual meetings held at local organizations such as the Government Affairs Committee of the Beverly Hills Chamber of Commerce
Staff has begun to develop a similar plan for the ballot initiative on term limits, which will be before the voters on June 7, 2022. Staff is in the initial stages of creating the educational information to distribute to the residents in Beverly Hills. All items developed by staff will be reviewed and approved by the City Attorney prior to distribution.
FISCAL IMPACT
City staff will develop educational materials for distribution to the registered voters of Beverly Hills, create educational advertisement materials for placement in the various local newspapers, and perform other outreach efforts to provide non-biased information to the voters. The costs associated with the production and distribution of educational materials is available in the City Council approved Policy & Management budget. The cost estimate for these activities is $25,000.
RECOMMENDATION
Staff is providing an overview of the steps being undertaken to provide educational information on the term limit ballot initiative to the voters in Beverly Hills. The City Council may provide any direction they wish on this item.
Gabriella Yap
Deputy City Manager
Approved By
Attachment 1
DocuSign Envelope ID: E760C2B6-C6FE-4029-B88C-DCOEA2428F99 RESOLUTION NO. 21-R-13331
A RESOLUTION OF THE COUNCIL OF THE CITY OF BEYERL Y HILLS
CALLING AND GIVING NOTICE OF THE HOLDING OF A MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF BEYERL Y HILLS ON TUESDAY, JUNE 7, 2022, OR THE NEXT REGULARLY SCHEDULED ELECTION DA TE,
WHICHEVER IS EARLIER, TO BE CONSOLIDATED WITH THE
REGULARLY SCHEDULED ELECTION TO BE HELD IN LOS ANGELES
COUNTY ON THAT DATE, FOR THE SUBMISSION TO THE VOTERS A
QUESTION RELATING TO THE AUTHORIZATION OF A TERM LIMIT ON
CITY ELECTED OFFICIAL SERVICE, AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE BALLOT
MEASURE
WHEREAS, the City does not currently limit the number of terms an individual may serve in an elected City office; and
WHEREAS, the City Council desires to exercise its authority under Government Code 36502(b) by submitting to the voters a ballot measure which would establish a term limit on City elective office service; and
WHEREAS, there will be a regularly scheduled election in Los Angeles County on Tuesday, June 7, 2022; and
WHEREAS, the City Council desires to consolidate the election for the term limit ballot measure with the aforementioned regularly scheduled election on June 7, 2022, or the next regularly scheduled election date, whichever is earlier, as requested by Resolution No. 21-R13332 .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEYERL Y HILLS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Calling Municipal Election. Pursuant to the requirements of Article 1, Chapter 3, Division 9 of the California Elections Code, the City Council hereby calls and orders to be held in the City of Beverly Hills, California, on June 7, 2022, or the next regularly scheduled election date, whichever is earlier, a Municipal Election for the purpose of submitting the voters the following question:
Term Limit Measure: Shall an ordinance be adopted by the Yes City of Beverly Hills to establish a total three term limit during one's lifetime for the offices of City Councilmember No and City Treasurer in the City of Beverly Hills? B0785-0001 \2500348v2.doc
DocuSign Envelope ID: E760C2B6-C6FE-4D29-B88C-DCOEA2428F99 Section 2. Ballot Measure. The full text of the proposed Ordinance to be approved by the voters entitled "AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING TERM LIMITS FOR ELECTIVE CITY OFFICES" is attached as Exhibit A and incorporated herein by this reference, and such Ordinance shall be printed in the voter information pamphlet. The ballots to be used at the election shall be in the form and content as required by law.
Section 3. Passage of Measure. The passage of the term limit measure requires approval of a majority of qualified electors of the City voting in the election on the issue.
Section 4. Election Laws. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 5. Notice. The notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form and manner as authorized by law.
Section 6. Impartial Analysis. Pursuant to Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the ballot measure to the City Attorney.
The City Attorney shall prepare an impaiiial analysis of the ballot measure pursuant to California Elections Code Section 9280.
Section 7. Ballot Arguments. The City Council and its members are hereby authorized to submit to the City Clerk a ballot argument in support of, or against, the ballot measure under A1iicle 4, Chapter 3, Division 9 of the California Elections Code. Any voter eligible to vote on the ballot measure, bona fide association of citizens, or any combination of voters and associations may also file a written argument in favor or against the ballot measure with the City Clerk. The arguments in favor or against the ballot measure must be 250 words in length or less. If more than one ballot argument in favor or against the ballot measure is received by the City Clerk, the City Clerk shall give preference and priority to the City Council and its members.
Section 8. Rebuttal Arguments. Pursuant to Section 9285 of the California Elections Code of the State of California, when the City Clerk has selected the arguments for and against the ballot measure that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the ballot measure to the author(s) of the argument against, and copies of the argument against to the author(s) of the argument in favor. The author(s), or a majority of the authors, may prepare and submit rebuttal arguments not exceeding 250 words or may authorize, in writing, others to submit a rebuttal argument. The rebuttal arguments shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. All previous resolutions providing for the filing of the rebuttal arguments for City measures are 2 B0785-000I \2500348v2.doc
DocuSign Envelope ID: E760C2B6-C6FE-4029-B88C-OCOEA2428F99 repealed. The provisions of this Section 8 shall apply only to the Municipal Election concerning the ballot measure set forth in this Resolution and shall then be repealed.
Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the Book of Resolutions of the Council of this City.
Adopted: February 16, 2021
ATTEST:
~i:i a~t-J --------·-(SEAL)
HUMAAHMED
City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
80785-000 I \2500348v2.doc
3 LESTER J. FRIEDMAN
Mayor of the City of
Beverly Hills, California
APPROVED AS CONTENT:
GEORGE CHAVEZ
City Manager
DocuSign Envelope ID: E760C286-C6FE-4D29-888C-DCOEA2428F99
EXHIBIT A
TERM LIMIT ORDINANCE
4 80785-0001 \2500348v2.doc
DocuSign Envelope ID: E760C2B6-C6FE-4D29-B88C-DCOEA2428F99 ORDINANCE NO. __ _
AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING TERM LIMITS
FOR ELECTIVE CITY OFFICES
THE PEOPLE OF THE CITY OF BEVERLY HILLS HEREBY ORDAIN AS FOLLOWS:
Section 1. A new section 21 is hereby added to Title 2, Chapter 1, to read as follows:
"2-1-21. Term limit. A person shall serve no more than three total terms of office as a City Councilmember.
(a) If any Council member is appointed or elected to a partial term of office of two years or less, then that term shall not count toward the three term limit. (b) The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper seeking election as a writein candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, voter information guide, sample ballot or ballot label, the name of any person whose candidacy, if successful, will result in a City Council term that exceeds the limit set forth in this section."
Section 2. A new section 1104 is hereby added to Title 2, Chapter 3, to read as follows:
"2-3-1104. Term limit. A person shall serve no more than three total terms of office as the City Treasurer.
(a) If any City Treasurer is appointed or elected to a partial term of office of two years or less, then that term shall not count toward the three term limit. (b) The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper seeking election as a writein candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, voter information guide, sample ballot or ballot label, the name of any person whose candidacy, if successful, will result in a City Treasurer term that exceeds the limit set forth in this section."
Section 3. Pursuant to Government Code Section 36502, this ordinance shall be submitted to the electors of the City at the regularly scheduled election of June 7, 2022, or an earlier date that is a regularly scheduled election, and shall only become effective if a majority of votes cast on the question of whether to adopt this ordinance favor adoption of this ordinance. -1-
DocuSign Envelope ID: E760C2B6-C6FE-4D29-B88C-DCOEA2428F99 Section 4. The City Council and the voters intend that an individual's previous and current terms of office shall be counted for the purpose of applying the term limits adopted herein, although all persons in office on the effective date of this ordinance shall be permitted to complete their then-current terms.
Pursuant to Government Code Section 36502 this ordinance shall apply "prospectively only." There is no binding authority that interprets what "prospectively" means. The California Attorney General has opined that prospectively means that terms served prior to the effective date of the ordinance cannot be counted against term limits established by the ordinance. The Attorney General reasons that by using the term "prospectively," the Legislature intended to mean "a law which has no effect on the rights, obligations, acts, transactions and conditions performed or existing before the statute was adopted." However, an ordinance which applies only to future terms of office meets the definition of "prospectively" used by the Attorney General. The term "prospectively" does not preclude a law that applies to future acts, but which is guided by the acts or conditions which have occurred prior to the law's enactment. Therefore, when applying a new law to a future action or condition, such as a limit on holding an elected office in the future, the law may rely on the acts or conditions which have occurred prior to the law's enactment.
Therefore, the City Council and the voters intend this ordinance to be prospective. The ordinance would not change the current term of persons in office on its effective date, but it would consider the past terms served by City officeholders. However, to the extent that a court strikes down the City Council and the voters' intent to have this ordinance apply to elected officeholders who previously served three terms, such intent shall be severable from the rest of the ordinance. The City Council and voters would have enacted the three term limit even if this means that the terms served by elected officeholders prior to the effective date of this ordinance cannot be counted against the term limits established by this ordinance.
Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this ordinance shall be and remain in full force and effect.
Section 6. Execution and Certification. The Mayor will sign this Ordinance and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's election on June 7, 2022, or the next regularly scheduled election date, whichever is earlier, approve the Proposition asking whether the voters approve this Ordinance.
Adopted:
Effective:
ATTEST:
___________ (SEAL)
HUMAAHMED
City Clerk
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills, California
-2-
DocuSign Envelope ID: E760C2B6-C6FE-4D29-B88CcDCOEA2428F99 APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
80785-0001 \2500438v3.doc
-3-
APPROVED AS TO CONTENT:
GEORGE CHAVEZ
City Manager
Docu~. lilsECUlltD
Certificate Of Completion
Envelope Id: E760C2B6C6FE4D29B88CDCOEA2428F99 Status: Completed Subject: Please DocuSign: City of Beverly Hills June 7, 2022 Election and Term Limit Question Resolution.pdf Source Envelope:
Document Pages: 7
Certificate Pages: 2
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
2/4/2021 11 :55:09 AM
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Laurence S. Wiener
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Cindy Owens
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Policy & Management Analyst
City of Beverly Hills
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George Chavez
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Lester J. Friedman
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Sent: 2/23/2021 3:12:09 PM
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