project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).
SECTION 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.
The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this ____ day of July 2024.
______________________________
Jose R. Gonzalez
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 24-27 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a special meeting of said Council held on the ___ day of July 2024 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
EXHIBIT A
EXHIBIT A
THE PEOPLE OF THE CITY OF CUDAHY DO ORDAIN AS FOLLOWS:
SECTION 1. This measure shall be known and may be cited as “The Term Limits Extension Measure” (the “Measure”).
SECTION 2. Purpose and Intent. The purpose and intent of this Measure is to increase term limits for Cudahy City Council Members from a maximum of two (2) four-year terms, to a maximum of three (3) four-year terms.
SECTION 3. Legal Authority. Pursuant to Government Code Section 36502(b), the City Council may propose to limit or repeal a limit on the number of terms a member of the city council may serve on the city council. Any proposal to limit the number of terms a member of the city council may serve on the city council, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
SECTION 4. Findings. The People of the City hereby find and declare the following:
A. On March 3, 2015, voters in the City of Cudahy approved a ballot measure imposing term limits on the city council members, prohibiting any council member from serving for more than two (2) four-year terms (“2015 Ballot Measure”).
B. The 2015 Ballot Measure was designed to count partial terms as full terms with regard to term limits.
C. The 2015 Ballot Measure prohibited more than two terms total, without mentioning consecutive terms.
D. Full city council terms for Cudahy City Council Members were set by law to be four years in length, which means the 2015 Ballot Measure, limited the amount of time any one person could spend on the council to a maximum of eight years.
SECTION 5. Section 2.04.100 (Term Limits) of Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“Pursuant to the authority granted to the city under Government Code section 36502(b), no person shall serve more than twelve (12) years, or three (3) four-year terms as a member of the Cudahy City Council.
Any person who, either by appointment or election, serves a partial term of office as a member of the city council for any portion of a term, shall be deemed, for the purposes of this section, to have served a full four-year term. Any member of the city council who resigns or is removed from office during a term shall be deemed to have served a full term.”
Ordinance No. XXX
SECTION 6. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601 (b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
SECTION 7. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 9. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code, as amended by this Ordinance, are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 10. Effective Date. This Ordinance shall be in full force and effect upon the tenth day following certification by the City Council of the election returns indicating passage of this Measure/Ordinance by a majority of the voters casting votes on this Measure.
Ordinance No. XXX
I hereby certify that the foregoing Ordinance was PASSED, APPROVED AND ADOPTED by the People of the City of Cudahy, California, voting on the 5th day of November 2024.
Mayor
ATTEST:
Richard Iglesias,
City Clerk
RESOLUTION NO. 24-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA (1) CALLING FOR AND GIVING NOTICE
OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF TWO
CITY COUNCILMEMBERS; (2) REQUESTING CONSOLIDATION
OF SUCH ELECTION WITH THE COUNTY OF LOS ANGELES
WITH ANY AND ALL ELECTIONS HELD ON SUCH DATE; (3)
REQUESTING THE COUNTY OF LOS ANGELES TO PROVIDE
SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH
ELECTION; (4) ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE FOR SUCH ELECTION REGARDING
CANDIDATE STATEMENTS; AND (5) PROVIDING FOR THE
DETERMINATION OF TIE VOTES BY LOT UNLESS THE CITY
COUNCIL ADOPTS THE PROVISIONS OF ELECTIONS CODE
SECTION 15651 (B) PRIOR TO THE CONDUCT OF THE
ELECTION RESULTING IN THE TIE VOTE
WHEREAS, under the provision of the laws relating to general law cities in the State of California, a General Municipal Election of the City of Cudahy (the "City") shall be conducted on Tuesday, November 5, 2024, for the election of the following municipal officers: City Councilmember - two (2) offices, each for one four-year term; and WHEREAS, it is desirable that the City's November 5, 2024 General Municipal Election be consolidated with any and all elections to be administered by Los Angeles County (the "County") on the same date and that the City have the same precincts, vote centers, and election officers within the City for such election; and WHEREAS, the City Council wishes for the Office of the RegistrarRecorder/County Clerk for the County (the "County Clerk") to canvass the returns of the City's November 5, 2024, General Municipal Election; and WHEREAS, the City seeks the provision of election services from the County relating to the conduct of the City's November 5, 2024 General Municipal Election; and WHEREAS, the City Council approves the printing of the General Municipal Election information for the election to be held on Tuesday, November 5, 2024, in the foreign languages requiring translation pursuant to the Voting Rights Act of 1965; and WHEREAS, Elections Code Section 13307 provides that the City may adopt regulations pertaining to the recovery of certain costs associated with the printing, handling, translation, and mailing of candidate statements as filed with the elections officer; and
WHEREAS, pursuant to Elections Code Section 13307(c), the City Council Attachment BPage 3549 of 3559
Resolution No. 24-17
authorizes the preparation of candidate statements for nonpartisan elective office for the purpose of electronic distribution.
WHEREAS, a statement prepared pursuant to Elections Code Section 13307(c), shall be posted on the County Elections Official website.
WHEREAS, pursuant to Section 13307.?(a) of the Elections Code, candidates shall provide payment of the requisite fee to cover the duties and procedures set forth in Sections 13307(b) and (d) of the Elections Code.
WHEREAS, the City shall compensate the County for all necessary expenses incurred by the County in performing election services for the City; and WHEREAS, tie votes shall be determined by lot unless the City Council adopts the provisions of Elections Code Section 15651 (b) prior to the conduct of the election resulting in the tie vote.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.
SECTION 2. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, the City Council hereby calls and orders a General Municipal Election on Tuesday, November 5, 2024, to be held in the City of Cudahy for the purpose of electing two City Councilmembers for the full term of four years.
SECTION 3. Pursuant to the requirements of Elections Code section 10403, it is respectfully requested that the Board of Supervisors for the County of Los Angeles consent and agree to the consolidation of the City of Cudahy's General Municipal Election on Tuesday, November 5, 2024 with the Los Angeles County-administered election of the same date.
SECTION 4. In connection with the Los Angeles County Registrar's administration of the City of Cudahy's November 5, 2024 General Municipal Election, the City further requests that the County Registrar be authorized and directed to: (a) review and verify vote by mail voter applications and signatures; (b) conduct registered voter verifications (including signature verifications) associated with the processing of any proposed General Municipal Election ballot measure; (c) provide the City of Cudahy with the appropriate election precinct data, to the extent required; (d) make available to the City of Cudahy such election facilities, ballot casting equipment and assistance as may be necessary to conduct the election in compliance with state law and the Board of Supervisor's approval; (e) canvass the election returns; (f) print and supply ballots for
Resolution No. 24-17
the election; (g) mail the City of Cudahy's sample ballots, including ballot measure question, arguments, rebuttals and impartial analysis; and (h) administer the City of Cudahy's General Municipal Election in all respects as if it were part and parcel of any other County Registrar administered election, implementing all such legally required or customarily employed measures and practices as may be necessary to conduct the election in a timely and legally compliant manner.
SECTION 5. The City of Cudahy shall reimburse the Los Angeles County Registrar for any costs associated with the administration of the City November 5, 2024 General Municipal Election.
SECTION 6. The City hereby consents to have its General Municipal Election on Tuesday, November 5, 2024 consolidated with any and all elections conducted on such date within the County.
SECTION 7. That the ballots to be used at the election shall be in form and content as required by law or as directed by the County Clerk to facilitate the consolidation of the City's November 5, 2024 General Municipal Election with the Los Angeles County-administered election of the same date.
SECTION 8. That 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.
SECTION 9. The vote centers for the election shall be open as required during the identified voting period pursuant to California Elections Code sections 4005 and 14401.
SECTION 10. The City Council authorizes the Los Angeles County Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill by the County.
SECTION 11. Pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the City's November 5, 2024 General Municipal Election may prepare a candidate statement on a form acceptable to the County Registrar and made available through the City Clerk.
SECTION 12. Pursuant to Section 13307(a)(1) of the Elections Code candidate statements may include the following:
(A) The name, age, and occupation of the candidate; and (B) A brief description of no more than 200 words of the candidate's education and qualifications as expressed by the candidate himself or herself.
Resolution No. 24-17
SECTION 13. Pursuant to Elections Code Section 13307(a)(1), candidate statements shall not include the following:
(A) The party affiliation of the candidate; or
(B) References to membership or activity in partisan political organizations.
SECTION 14. All prospective candidates should be aware of the holding in Dean v. Superior Court (1998) 62 Cal.App.4th 638, which holds that a statement prepared by a candidate for inclusion in the voters' pamphlet may not include comments or statements concerning the qualifications (or alleged lack of qualifications) of one's opponents. Candidates, in an abundance of caution, should avoid making any reference to opponents in their candidate statements. Candidates should seek the advice of private legal counsel if unsure as to whether their candidate statement does or does not comply with applicable law before filing.
SECTION 15. The candidate statement shall be filed in typewritten form at the Office of the City Clerk at the time the candidate's nomination papers are filed. The candidate statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
SECTION 16. Subject to any logistical constraints imposed by the County Registrar by virtue of consolidation, the City Clerk shall have translated (from the English to relevant foreign languages authorized under the Voting Rights Act of 1965) and printed in the sample ballot only the candidate statement of those candidates who request such translation and printing at the time of filing of the candidate statement.
SECTION 17. No candidate for any elected office of the City shall be permitted to include additional materials in the sample ballot.
SECTION 18. Each candidate for any of the offices to be elected at the General Municipal Election to be conducted on November 5, 2024, who files a candidate statement shall, as a condition of having his or her candidate statement included in the voters' pamphlet, concurrently deposit with the City Clerk an amount, as reasonably estimated by the City Clerk, to pay in advance his or her estimated pro rata share of the actual costs of printing and handling such candidate statements incurred by the City of Cudahy and/or the County Clerk as a result of providing such service at the time of filing such statement with the City Clerk. In the event that the amount paid as a deposit by a candidate includes overpayment of actual costs incurred by the City of Cudahy and/or the County Clerk, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days following the date of the election.
Resolution No. 24-17
SECTION 19. Pursuant to Section 13307(c) of the California Elections Code, the City Council authorizes the preparation of candidate statements for the purpose of electronic distribution. A statement prepared pursuant to this subdivision shall be posted on the Los Angeles County Elections Official website. Pursuant to Section 13307.?(a) of the Elections Code, candidates shall provide payment of the requisite fee to cover the duties and procedures set forth in Sections 13307(b) and (d) of the Elections Code.
SECTION 20. The City Clerk shall provide each candidate or candidate's representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 21. The City Council has determined that the action to be taken in the event of a tie vote is as follows: by lot pursuant to Elections Code Section 15651 (a), unless the City Council adopts the provisions of Elections Code 15651 (b) prior to the conduct of the election resulting in the tie vote.
SECTION 22. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 23. That 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 required by law.
SECTION 24. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 25. That the City Clerk shall forward without delay, a copy of said resolution to the Los Angeles County Board of Supervisors and the Los Angeles County Registrar-Recorder/County Clerk.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at jts regular meeting on this 4
th day of June 2024.
ATTEST:
os . Gonzalez
Mayor
Resolution No. 24-17
STATE OF CALIFORNIA )
CERTIFICATION
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No.24-17 was passed and adopted by the City Council of the City of Cudahy at a regular meeting held on the 4
th day of June 2024, and that said Resolution was
adopted by the following vote, to-wit:
AYES: Fuentes, C. Gonzalez, Lomeli, and Alcantar
NOES: None
ABSENT: J. Gonzalez
ABSTAIN: None
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
07/16/2024 Page 1 of 2
STAFF REPORT
Date: July 16, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration and Discussion Regarding a letter opposing SB 549 (Newman)
RECOMMENDATION
The City Council is recommended to discuss the possible approval of a letter opposing SB 549 (Newman).
BACKGROUND/ANALYSIS
On July 10, 2024, after the City’s representative attended the California Cities for Self-Reliance Joint Powers Authority Board of Directors Meeting, City staff was requested to include a discussion item for a letter opposing SB 549 (Newman).
If enacted, SB 549 (Newman) would allow a California Indian tribe to sue licensed California cardrooms.
CONCLUSION
The City Council is recommended to discuss possible approval of the letter opposing SB 549 (Newman).
STRATEGIC PLAN CORRELATION
There is no correlation to the strategic plan.
FINANCIAL IMPACT
No Financial Impact.
Item Number
14C
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
07/16/2024 Page 2 of 2
ATTACHMENT
A. Letter Opposing SB 549 (Newman)
July 11, 2024
The Honorable Janice Hahn
Los Angeles County Supervisor, 4th District
500 W. Temple Street, Room 822
Los Angeles, CA 90012
The Honorable Robert G. Luna
Los Angeles County Sheriff
211 W. Temple Street
Los Angeles, CA 90012
Derek Hsieh
Executive Director, Association for
Los Angeles Deputy Sheriffs
2 Cupania Circle
Monterey Park, CA 91755
Re: Request to Oppose SB 549 (Newman) - Private Right of Action to Sue Licensed Cardrooms
Dear Supervisor Hahn, Sheriff Luna, and Executive Director Hsieh:
On behalf of the cities of Bell Gardens, Commerce, Compton, Cudahy, and Hawaiian Gardens, and its collective 184,757 Los Angeles County residents that call these cities home, we write to request your opposition of SB 549 (Newman) (“SB 549”). SB 549 in its current state would be detrimental to our communities.
Cardrooms in our communities serve as local and regional economic engines via their direct employment of not only local residents in our region but also more than 10,000 residents in Los Angeles County alone. In addition, cardrooms in our communities serve as our largest single Attachment APage 3557 of 3559
source of total tax revenue that fund vital resident services such as, public safety, emergency services, fire, healthcare, homelessness programs, transportation, and other essential programs.
Within our membership alone, the City of Hawaiian Gardens cardroom revenues represent 70% of the total general fund revenues. Similarly, the City of Bell Gardens relies on the Bicycle Casino for 50% of its general fund revenue, while the City of Commerce generates 40% of its general fund revenues from Commerce Casino. The City of Compton also depends on substantial revenue from Crystal Casino for its general fund. Cities such as Hawaiian Gardens would have to unincorporate if they were to lose the cardroom, creating a financial burden on the County of Los Angeles, which would have to provide services to these residents.
Despite the consistent affirmation of the legality of cardroom gaming by the current and past California Attorney Generals, the fact that all cardroom games and rules are individually approved by the Attorney General's office, tribes, once again, aim to eliminate thousands of cardroom jobs and deprive dozens of California cities of millions of dollars in municipal revenue.
Should SB 549 pass, it would defy the clear wishes of California voters by granting sovereign tribal governments a new "private right of action'' similar to the Private Attorney General Act (PAGA). This “private right of action” will result in unlimited litigation challenging licensed games offered in California’s cardrooms and, by extension, divert cardroom revenues towards unnecessary and preventable legal fights. Passage of SB 549 will ultimately reduce or eliminate much-needed local revenues, hurting the very low-income and disadvantaged communities that can least afford to lose cardroom-generated revenue, revenue that is vital for the provision of basic every day public services. It will directly undermine and threaten our ability to be self-sufficient, exacerbating and adding on to our current and increasing challenges, including food shortage, homelessness, unemployment, violence, mental illnesses, and health disparities.
For these reasons, we request your leadership to oppose SB 549 (Newman) so that our communities are not negatively impacted. We sincerely appreciate your consideration of our request and concerns on behalf of our communities that need your support.
Sincerely,
Victor Farfan
Mayor, City of Hawaiian Gardens
Emma Sharif
Mayor, City of Compton
Gabriela Gomez
Mayor, City of Bell Gardens
Hugo A. Argumedo
Mayor, City of Commerce
Jose R. Gonzalez
Mayor, City of Cudahy