HomeMy WebLinkAbout16 LIMIT COUNCIL TERMS 02-03-97 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMA.
A PROFESSIONAL CORPORATION
MEMORANDUM
NO. 16
2-3-97
TO':
Honorable Mayor and Members of the City Council'
City of Tustin
FROM: City Attorney
DATE:
RE:
January 17, 1997
Amendment to Proposed Ordinance to Confirm the Voters' Wishes to Limit
City Council Terms of Office to Two (2) Full Consecutive Terms
Councilmember Potts has requested an amendment to the proposed ordinance.
This amendment is found on page 2 of the enclosure. I have no problem with the
amendment as it reflects the intent that the City Council's actions on term limits be guided
by the voter's wishes. However, please understand that under the current state of the law
the language to be added may or may .not bind future City Councils. The legal issue is not
covered by an existing statute or case law.
If this ordinance was proposed through the initiative process by the voters and
subsequently adopted by the City Council or by the voters, it could not be amended or
repealed except by a vote of the people. Elections Code Section 9217. In this case,
however, the original ordinance enacted by the voters was foLihd by the Legislative.
Counsel to be outside the authority of both the City Council and the voters at the time.
Under the special legislation enacted to benefit Tustin, the City Council does not take the
matter back to the voters because of the prior approval. The special legislation is silent as
to the amendment or repeal of such~ legislation adopted by the City Council under these
circumstances.
in the short run, it does no harm to place this language in the ordinance. It certainly
expresses the intent of this City Council. In the long run, however, should a future City
Council desire to amend or repeal this ordinance, it may have the ability to do so,
depending upon the state of the case law and statutes at the time. In other words, this
provision may or may not legally bind future City Councils.
Enclosed is the proposed amended ordinance for your consideration with language
requested by Councilmember Ports.
"C ~'~ .'~
LOIS E. JEFFREYi
Enclosures
cc: William A. Huston, City Manger
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ORDINANCE NO. 1175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
CONFIRMING THE VOTERS' WISHES EXPRESSED ON NOVEMBER 8, 1994, TO
LIMIT CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL.
The City Council of the City of Tustin hereby ordains as
follows:
SECTION 1.
AUTHORITY.
This Ordinance is enacted pursuant to Government Code
Section 36502.5 (Chapter 310, 1996 Statutes; SB 1421).
SECTION 2.
FINDINGS.
On NoVember 8, 1994, at a regularly 'scheduled election,
the electors of the City of Tustin approved a proposal to limit
consecutive terms of members of the City Council to two (2) full
consecutive terms. This proposal added Section 1307 of Chapter 3
of Article 1 of the Tustin City Code. This ordinance contains the
same provisions on the limitation of City Council 'terms as the
proposal approved by Tustin electors.
SECTION 3. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE TERMS OF
MEMBERS OF THE CITY COUNCIL.
Section 1307 of Chapter 3 of Article 1 of the Tustin
City Code is hereby amended to read as foll6~s:
"1307 Limitation on Consecutive Terms of M~mb~r$ of the Council.
(a) Findings and Purpose.
The City COuncil hereby acknowledges that the voters of
Tustin have found and declared t~at:
(1) The Founders established a system of
representative government based upon free, fair, and competitive
elections. The increased concentration of political power in the
hands of incumbent representatives has made our electorial system
less free, less competitive, and less representative.
(2) The ability of legislators to serve an
unlimited number of terms contributes heavily to the extremely high
number of incumbents who are reelected. This unfair incumbent
advantage discourages qualified candidates from seeking public
office and creates a class of career pOliticians, instead of the
citizen representatives envisioned by.the Founders. These career
politicians become representatives of the bureaucracy, rather than
of the people whom they are elected to represent.
III
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1100-
40548
Ordinance No.
Page 2
1175
(3) The purpose of this Ordinance is to restore
a free and democratic system of fair elections, and to encourage
qualified candidates to seek public office, by limiting the powers
of incumbency, by placing limitations upon the number of
consecutive terms which may be served by members of the City
Council.
(b) Limitations on Consecutive Terms for Council Members.
(1) No person shall be elected as a member of the City
Council for more than two (2) full consecutive terms. Any member
of the City Council who has served two (2) consecutive terms shall
not be reelected as a member of the City Council for at least two
(2) years from the last d'ate of the second consecutive term.
(2) This Ordinance shall not operate to shorten any
current term of members of the City Council presently in office.
(3) This Ordinance shall apply prospectively from the
effective date of the enactment of Government Code Section 36502.5,
which date is January 1, 1997.
(4) This Ordinance shall not be amended or repealed by
the City Council without the approval of the electors of the City
of Tustin.
·
SECTION,4
SEVERABILITY'
If any section, subsection, S~bdivision, sentence,
clause, phrase, or portion to this Ordinance, is for any ~.~eason
held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the
validity of the' remaining portions of this Ordinance. The City
Council of the City of Tustin hereby declares that it would have
adopted this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of , 1997.
ATTEST:
TRACY WILLS WORLEY, Mayor
PAMELA STOKER, City Clerk
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