Nearby cities have implemented commercial cannabis as a revenue enhancement through approval of City Council ordinances (application and/or regulatory fees) and ballot measures (imposition of tax based on gross receipts or price per square-foot). • Baldwin Park
• Bellflower
• Commerce
• Cudahy
• El Monte*
• Montebello
• Manhattan Beach*
• Pasadena
• South El Monte*
* Ballot Measures for taxation
Conclusion:
Staff seeks City Council direction regarding whether a ballot measure should be considered by voters to revise Pico Rivera Municipal Code Chapter 9.40 to permit commercial cannabis and direct staff to proceed with implementation of a measure for the November 2022 election.
Steve Carmona
SC:MG:JG:dl
To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: June 28, 2022
Subject: CONSIDERATION OF CITY COUNCIL TERM LIMITS
Recommendation:
1. Provide direction on whether the City Council wishes to move forward with the process to establish City Council term limits: or
2. Take such additional, related, action that may be desirable.
Fiscal Impact:
To be determined depending upon the direction of the City Council.
Discussion:
At its meeting of June 14, 2022, the City Council provided direction to bring forward a discussion of the possibility of establishing City Council term limits. The City Council of the City of Pico Rivera (“City”) is comprised of five (5) elected members that serve staggered four (4) year terms. Currently, the Pico Rivera Municipal Code does not limit the number of terms that individual Councilmembers may serve.
The purpose of term limits is to promote a free and democratic system of fair elections, and to encourage qualified candidates to seek public office by limiting the powers of incumbency.
Pursuant to Government Code section 36502(b)1, general law cities may limit the number of terms that may be served by members of the City Council. A term limit 1 Cal. Gov’t Code § 36502, subd. (b). Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, 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.
24 CONSIDERATION OF CITY COUNCIL TERM LIMITS
measure must however be approved by a majority of the City’s voters at a regular municipal election as a measure that may be proposed by the City Council itself.2 The City Council may submit to the voters, without a petition, a proposition for the enactment of a term limit ordinance to be voted on in the next general election of November 2022.3 The City Council will need to approve this initiative and call for the election of this measure in conjunction with the upcoming City Council election to be held on the same date. If the measure is approved by the voters, term limits operate prospectively only, meaning that a term limit measure may only apply to City Council terms that start either at the same time or in the future. For example, the remaining term of a mid-term Councilmember in 2022 (elected in 2020) may not count toward the limit. 4 Moreover, time served by an individual appointed or elected to a vacant City Council position does not count against the term limit unless the individual served for more than one-half (1/2) of the original unexpired term. In that case, the individual is deemed to have served a “full term.” Additionally, any individual that resigns or is removed from office during a term shall be deemed to have served a full term.
The Draft Ordinance (Attachment “A”) proposes a three (3) consecutive term limit for terms of four (4) years each, after which an individual must wait four (4) years before seeking reelection to serve in that elected office again.
Conclusion:
Currently, the Pico Rivera Municipal Code does not limit the number of terms that individual Councilmembers may serve. The purpose of this report is to provide information concerning City Council term limits and to propose a Draft Ordinance setting for a configuration of term limits for discussion and consideration by the City Council.
Steve Carmona, City Manager
Arnold M. Alvarez-Glasman, City Attorney
SC:AMAG:NO
Enclosures: 1) Draft Term Limits Ordinance
2 Id. 3 Elec. Code § 9222. The legislative body of the city may submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be repealed, amended, or enacted accordingly. A proposition may be submitted, or a special election may be called for the purpose of voting on a proposition, by ordinance or resolution. The election shall be held not less than 88 days after the date of the order of election. 4 Cal. Gov’t Code § 36502, subd. (b). See footnote 1.
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, ADDING SECTION 2.08.070 IN CHAPTER 2.08 OF TITLE 2 OF THE PICO RIVERA MUNICIPAL CODE TO ENACT TERM
LIMITS ON MEMBERS OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA
WHEREAS, California Government Code section 36502 permits general law cities to adopt an ordinance proposing to limit or repeal existing limits on the number of terms that an elected official may serve, subject to the approval of the voters of the city at a regularly scheduled election;
WHEREAS, the Pico Rivera Municipal Code currently does not impose term limits on elected officials of the City;
WHEREAS, the purpose of term limits is to promote a free and democratic system of fair elections, and to encourage qualified candidates to seek public office by limiting the powers of incumbency;
WHEREAS, to provide the opportunity of continuity of leadership by elected officials, while at the same time continuing to limit the power of incumbency, the City Council finds it appropriate to amend the Pico Rivera Municipal Code to place limits on the consecutive terms of office for members of the City Council; and WHEREAS, pursuant to Election Code section 9222, Government Code section 36502, and the laws relating to general law cities, the City Council submitted to the voters a ballot measure, Measure “_______” on November 8, 2022 amending the Pico Rivera Municipal Code to place limits on the number of consecutive terms which members of the City Council may serve;
WHEREAS, on November 8, 2022, a majority of the voters voted in favor of Measure “____” which proposed the following to the voters: “MEASURE _____: TERM LIMITS FOR MEMBERS OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA.
Shall the terms served by members of the City Council in the City of Pico Rivera be limited to not more than three (3) consecutive four (4) year terms, after which a member of the City Council shall not be qualified to serve in that elected office for a period of four (4) years?”;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The City Council for the City of Pico Rivera finds and declares the foregoing are true and correct and incorporates said recitals fully into this Ordinance as substantive findings.
SECTION 2. Section 2.08.070 “Term Limits for Members of City Council,” in Chapter 2.08 “City Council,” of Title 2, “Administration and Personnel,” is hereby added to the Pico Rivera Municipal Code as follows:
Enclosure 1
ORDINANCE NO. ______
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.08 CITY COUNCIL
Section 2.08.070 Term Limits for Members of City Council.
A. Purpose. The purpose of this section is to promote a democratic system of fair elections and encourage qualified candidates to seek public office by limiting the powers of incumbency by placing limitations upon the number of consecutive terms a person may serve as a member of the City Council.
B. Term Limits for Members of the City Council. A person is ineligible to hold office as a member of the City Council if that person has served as a member of the City Council, including any service as mayor or mayor pro tempore, for three (3) consecutive four (4) year terms. Nothing in this section shall act to bar any person from serving as a member of the City Council after at least four (4) years have elapsed from the person’s last full term as a member of the City Council.
C. Application
1. For purposes of the term limits set forth in this section, a person who was appointed or elected to a vacant elected office for an unexpired term of more than onehalf the original term shall be deemed to have served a full term. Any person who resigns or is removed from elected office during a term shall be deemed to have served a full term.
2. The term limits established in this section shall apply prospectively only to those terms of office which commence in or after November 2022, and only those terms of office commencing in or after November 2022 shall be counted towards such term limits.
SECTION 3. Any provision of the City of Pico Rivera’s Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 4. This Ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date pursuant to California Elections Code section 9217. Accordingly, this Ordinance shall become effective on ________ ____, 2022.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance causing it to be posted as required by law.
ORDINANCE NO. ______
PASSED, APPROVED AND ADOPTED this ____ day of _______ 2022. _______________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney
COUNCIL
MEETING
DATE
COUNCIL
MEMBER
REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
3/23/2021 Lutz Explore Possible Dog Park P. Yugar Follow-up Meeting On-going 5/25/2021
City Council Translate the Profile into Both English &
Spanish
Direction provided to explore
maintaining 10 editions with
full Spanish translation and
potential digital only.
P. Yugar
Staff Report 7/13/2021
10/26/21
1/25/22
2/8/22
Completed
Lara/Elias Term limits Set 12-year term limits for
City Council Members A. Glasman Memo to City Council
June
Nov '22 Pending
Lara/Lutz Lobbying Ban Set 10-year policy for banning
lobbying contracts to former
employees and City officials
A. Glasman
Discuss at retreat 4/30/22 8/10/2021 Pending
Lutz/Lara Shopping Cart Ordinance Review ordinance M. Garcia Discussion 2/22/2022 8/24/2021 Pending Elias/Lara Code of Ethics Review policy A. Glasman Discussion 2/22/2022 10/26/2021 Completed 9/28/2021
Elias/Lutz Mayor Elias Resolutions Review current ordinances for updates A. Glasman
2/22/2022 10/26/2021
1/25/2022
3/8/2022
Completed
10/26/2021 Sanchez/Lara Protestors Develop an ordinance protecting against bullying A. Glasman Pending
11/9/2021 Elias/Lara Veteran Resources Center Establish a Veterans Commission
M. Garcia
Discussion √ 12/14/2022 Completed
Camacho/Lara Rename Street Suggest changing street name near the Sports Arena to
Avenida Vicente Fernandez
Road
Ad Hoc Committee 5/10/2022 Pending
GOOD OF THE ORDER
7/13/2021
8/10/2021
COUNCIL
MEETING
DATE
COUNCIL
MEMBER
REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
GOOD OF THE ORDER
2/8/2022
Elias/Sanchez Heroes Recognition Recognize organizations for their work during the
pandemic
Staff to define list of honorees
to present at a Council meeting
6/28/2022 Pending
Lutz/Lara Senior Center Available office space for
Veterans Resource Center
P. Yugar
Staff to follow-up and advise
on best facility to be utilized √
Lutz/Lara Buyers Incentive Discount to first responders who purchase homes in Pico
Rivera
M. Garcia
Discuss at retreat
√
4/30/2022
4/12/2022 Lara/Elias Districts Discuss voting districts within the city A. Glasman Discussion at a future meeting √ Pending Lara/Camacho EV Charging Stations Locate possible sites to place electrical vehicle charging
stations
PW/CED/
PRIME
Lutz/Elias Revenue Generation Explore revenue generation opportunities in the City A. Garcia
6/14/2022
Elias/Camacho Sports Presentation given by ERHS Athletic Director
Agendize presentation
S. Castro
Lara/Camacho Resource School Officer Joint meeting with ERUSD to discuss funding of Resource
Officers
Ad Hoc Committee
Lara/Camacho PRIME Direct City Attorney to
investigate discounts for nonprofit organizations for
electric bill
A. Glasman /
6/14/2022 K. McGee
3/8/2022
5/10/2022
COUNCIL
MEETING
DATE
COUNCIL
MEMBER
REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
GOOD OF THE ORDER
Lutz/Elias Monument Marker Look at cost of adding three flags to the monument on
Washington and Passons
Blvds.
T. Rodrigue
6/28/2022
6/14/2022