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HomeMy WebLinkAbout19 ADOPTION OF RESOLUTION SUBMITTING AN INITIATIVE MEASURE TO THE VOTERS RE TERM LIMITSDocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO Cry AGENDA REPO. z MEETING DATE TO FROM: JUNE 18, 2024 ALDO E. SCHINDLER, CITY MANAGER DAVID KENDIG, CITY ATTORNEY 19 Agenda Item Reviewed: os City Manager Q� Finance Director SUBJECT: ADOPTION OF RESOLUTION SUBMITTING AN INITIATIVE MEASURE TO THE VOTERS AT THE NOVEMBER 5, 2024, CONSOLIDATED ELECTIONS REVISING THE CITY'S TERM LIMITS REGULATIONS. SUMMARY: In accordance with the City Council's prior direction, a Resolution is presented that, if approved, would place an initiative measure before Tustin's voters at the November 5, 2024, election to revise the City's ordinance limiting the terms that may be served by City Council members and the Mayor. The City Council is also asked to consider designating one or more members of the Council to author arguments for inclusion with the voter pamphlet when the term limit item is considered by the voters. RECOMMENDATION: That the City Council: 1. Consider adoption of a resolution submitting to the voters at the General Municipal Election the initiative measure revising the term limit regulations of the City; and 2. Consider whether to designate a member or members of the City Council to author the argument in favor of the measure, and if so, identify the designated author or authors; and 3. Adopt one of the following forms of Resolution 24-40: • Option 1— Resolution 24-40 NOT INCLUDING a designation of specific Council member(s) to prepare arguments related to the term limit measure (Attachment 1); or • Option 2— Resolution 24-40 INCLUDING a designation of specific Council member(s) to prepare arguments related to the term limit measure (Attachment 2). 1797096.1 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO City Council Staff Report Resolution Placing Term Limits Revision Measure on November Ballot June 18, 2024 Page 2 FISCAL IMPACT: The City Council has appropriated funds to place the proposed measure on the ballot at the General Municipal Election to be consolidated with the Presidential General Election to be held on November 5, 2024. The Registrar of Voters has estimated that adding the term limit measure to the November 5, 2024, election would add $8,500 to the City's cost of the election. BACKGROUND The City's voters adopted an ordinance establishing term limits for the members of the City Council at the general municipal election in November 1994. From that time until the November 2022 general municipal election, the five members of the City Council were elected at -large by all voters in the City, with the Mayor appointed annually from amongst the members of the City Council. Beginning with the November 2022 election, the City transitioned to by -district elections, with council members elected by resident voters in their respective districts and the Mayor elected at large (City-wide) for terms of four years each.' However, the term limits regulations codified in Section 1307 of the Tustin City Code do not clearly address the new circumstance of district -based elections, nor the office of City-wide Mayor. The existing term limits ordinance does not directly state, for instance, whether the limits apply to the new directly elected office of Mayor, or whether the time a person serves as a Council member from one City district would reduce the amount of time one could serve as a Mayor elected City-wide, and vice -versa. On January 16, 2024, the City Council directed the City Attorney to prepare a draft revised term limits ordinance that accounts for the new Council and Mayoral election system.2 THE PROPOSED TERM LIMIT MEASURE At the City Council's March 5, 2024, meeting, the City Attorney provided a draft ordinance and the City Council discussed, revised and approved a draft ordinance in a form to be presented to the voters for consideration.' City Council members and the Mayor serve four year terms staggered over 2-year election cycles. Because City Council elections are staggered, by -district elections were held for the office of the Mayor and for one member of the City Council in 2022, and by -district elections for the remaining three districts will be held in November, 2024. 2 The City Council voted 4-1 to direct the preparation of the proposed ordinance, with Councilmember Clark dissenting. 3 The City Council approved the proposed provisions of the ordinance that would be placed before the voters by a vote of 3-2, with Councilmembers Clark and Gomez dissenting. DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO City Council Staff Report Resolution Placing Term Limits Revision Measure on November Ballot June 18, 2024 Page 3 The proposed initiative measure would, if approved by the voters in its current form: • Limit the duration of time which a person may be elected to serve as Mayor, as a member of the City Council, or any combination thereof, to three (3) consecutive terms or twelve (12) consecutive years, whichever is less; • Provide that a person will be ineligible to be elected to the City Council or to the office of Mayor for a period of eight years from the last date of service on the City Council or as Mayor; • Establish a definition of a "term"; and • Provide that the revised ordinance would apply to the terms of office commencing with the election in November 2024. (The full text of the initiative measure is attached as Exhibit A to each of the alternative resolutions attached to this Staff Report.) The City Council's March 5th action included direction to staff to return to the Council with proposed Resolutions to call the election on the proposed measure on November 5, 2024. This Staff Report, and the attached Resolutions, are provided in response to that direction. CONSOLIDATION OF THE TERM LIMIT MEASURE WITH NOVEMBER 5, 2024, GENERAL PRESIDENTIAL ELECTION The general municipal election of the City will be held on Tuesday, November 5, 2024, for the purpose of electing three (3) Council members from Council Districts 1, 2 and 4.4 As part of its March 5, 2024, decisions, the City Council directed that the proposed measure should also be placed before the voters at the same election on November 5, 2024. To place the measure before the voters, State law requires the City Council to adopt a Resolution: • Submitting the proposed initiative measure to the voters for approval at a regular or special municipal election; • Requesting that the County Board of Supervisors consolidate the City election on the proposed measure with the Presidential General Election to be held on November 5, 2024; • Identifying the specific yes -or -no question to be presented to the voters; • Directing the City Attorney to prepare an impartial analysis of the measure; and • Authorizing and setting deadlines for the filing of arguments for or against the ballot measure. 4 This agenda item only addresses the Resolution to call the election related to the term limits measure. A separate agenda item on the Council's June 18 agenda includes the recommended Resolution that would call the election for the Council Districts. DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO City Council Staff Report Resolution Placing Term Limits Revision Measure on November Ballot June 18, 2024 Page 4 The alternative Resolutions attached hereto address those requirements and would articulate the question to the voters on the ballot as follows: Measure : City of Tustin Term Limit Revisions Shall an ordinance revising the limitation on consecutive terms of office for the Mayor and Members of the City Council be adopted? OPTIONAL DESIGNATION OF AUTHOR(S) OF ARGUMENT IN SUPPORT OF THE MEASURE YES In addition to addressing each of the required items identified above, the Resolution submitting the measure to the voters may, at the Council's discretion, authorize one or two members of the City Council to author arguments related to the measure. If the Council designates the authors in that manner, the arguments would appear with the November 5 ballot materials circulated by the Registrar of Voters. Consistent with State law the City Council may designate one or two Councilmembers to author the argument in favor (or opposition) of the measure. If the Council would like for three or more Councilmembers to author the argument, then the written argument would need to be considered and approved by the City Council as an agendized item at a future meeting of the City Council. If the City Council does not designate specific authors to compose an argument, then State Law provides that any member or members of the City Council, or a bona fide association of citizens, or any individual voter who is eligible to vote on the measure, or any combination of voters and associations, may file a written argument for or against the measure. State Law further provides that if multiple arguments are timely submitted to the City Clerk, the City Clerk would select one of them, applying the following order of priority: First, an argument submitted by council member(s); Second, an argument submitted by a bona fide association, and Third, an argument submitted by a voter or voters. Attached to this staff report are two alternative versions of Resolution 24-40, providing the City Council with the following options for designating the author(s) of the argument in the event the City Council decides to proceed with submitting the measure to the voters: DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO City Council Staff Report Resolution Placing Term Limits Revision Measure on November Ballot June 18, 2024 Page 5 • Option 1 — The City Council would NOT designate specific Council member(s) to author an argument. (Attachment 1.) o Under this option, the City Clerk would simply follow the priorities of State Law outlined above in the event any council member, bona fide association of citizens, or individual(s) were to submit and argument in favor of the measure. OR • Option 2 - The City Council WOULD designate one or two Council member(s) to author the arguments in support of the measure. (Attachment 2.) o Under this option, the argument drafted by the selected author(s) would have priority in being selected to inclusion with the ballot materials over arguments submitted by others, if any. SUMMARY: If the City Council wishes to proceed with placing the term limit measure on the ballot, it is recommended that the Council approve one of the two Resolutions attached hereto. If the Council does not want to designate specific Council members or the Mayor to author arguments, the Council should approve the Resolution in the form attached as Attachment 1. If the Council wishes to authorize Council member(s) or the Mayor to author arguments, the Council should identify the designated individual(s) and approve the Resolution in the form attached as Attachment 2. ATTACHMENTS: 1. Proposed Resolution 24-40 Submitting the Term Limit Measure to the Voters (without designating an author of the supporting arguments) Exhibit A to Resolution: Text of proposed Term Limit Measure. 2. Proposed Resolution 24-40 Submitting the Term Limit Measure to the Voters and authorizing members of the Council to author supporting arguments. Exhibit A to Resolution: Text of proposed Term Limit Measure. DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 RESOLUTION NO. 24-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN PROPOSING AND SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, A PROPOSAL TO ADOPT AN INITIATIVE ORDINANCE REVISING THE LIMITATIONS ON CONSECUTIVE TERMS OF OFFICE FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND AUTHORIZING AND SETTING DEADLINES FOR THE FILING OF ARGUMENTS FOR OR AGAINST THE BALLOT MEASURE WHEREAS, at the general municipal elections in November 1994 the voters of the City of Tustin adopted an ordinance establishing term limits for the members of the City Council; and WHEREAS, from the time of the adoption of term limits for the members of the City Council until the November 2022 general municipal election the five members of the City Council were elected at -large with the Mayor appointed annually from amongst the members of the City Council; and WHEREAS, commencing with the November 2022 election, the City transitioned to by -district elections with four council members elected by resident voters in their respective districts and the Mayor elected at large for terms of four years each; and WHEREAS, the term limit measures codified in Section 1307 of the Tustin City Code needs to be revised to reflect the transition to by -district elections as described above; and WHEREAS, the proposed initiative measure seeks to clarify the limitation on the consecutive terms and consecutive years which a person may be elected to serve as Mayor, as a member of the City Council, or any combination thereof, to revise the limitation to three consecutive terms or twelve consecutive years, whichever is less, and to provide such a person shall be ineligible to be elected to the City Council or to the office of Mayor for a period of eight calendar years from the last date of service on the City Council or as Mayor. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Tustin as follows: SECTION 1. Call for Election to Submit Initiative Measure to Voters. Pursuant to the laws of the State of California relating to General Law Cities, the City Council of the City of Tustin hereby calls and orders to be held in the City of Tustin, California, on Tuesday, November 5, 2024, an election for the purpose of submitting to the registered Resolution 24-40 Page 1 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO voters of the City of Tustin at the Presidential General Election the following ballot measure for their adoption or rejection: Measure : City of Tustin Term Limit Revisions Shall an ordinance revising the limitation on consecutive YES terms of office for the Mayor and Members of the City Council be adopted? NO SECTION 2. Incorporation of Initiative Ordinance Text. The text of the proposed Ordinance for the ballot measure submitted to the City's voters is set forth in full in Exhibit "A" attached hereto and incorporated by this reference. SECTION 3. Approval. If a majority of the qualified electors voting on the measure votes in favor of the measure, the Initiative Ordinance shall be deemed approved. SECTION 4. Order for Publication. The City Council hereby orders and directs the City Clerk to cause the proposed Ordinance and notice of the General Municipal Election to be published in the time, form, and manner as required by law. SECTION 5. Subject to General Municipal Election Laws. In all particulars not expressly recited in this Resolution, the election shall be held and conducted as provided by law for holding general municipal elections. SECTION 6. Impartial Analysis. The City Council hereby authorizes, instructs, and directs the City Attorney to prepare an impartial analysis of the ballot measure, in accordance with the provisions of the Elections Code section 9280, showing the effect of the measure on existing law and the operation of the measure. The impartial analysis, not exceeding 500 words in length, shall be filed with the City Clerk on or before August 2, 2024. SECTION 7. Filing of Arguments. Pursuant to Elections Code section 9282, the City Council, or any member or members of the City Council, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against the measure. Pursuant to Elections Code section 9283, any argument filed by the City Council, or any member or members of the City Council, shall be accompanied by the printed name(s) and signature(s) of the author(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 who is the author of the argument. The argument may not be signed by more than five persons, otherwise the signatures of the first five shall be printed on the sample ballot. Any direct argument shall be accompanied by a signed Form of Statement and in accordance with guidelines for filing of arguments which are available in the Office Resolution 24-40 Page 2 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO of the City Clerk. Direct arguments shall be filed with the City Clerk on or before August 2, 2024, and shall be subject to a 10 calendar -day public examination period in accordance with the provisions of Elections Code section 9295. SECTION 8. Filing of Rebuttal Arguments. Pursuant to Elections Code sections 9282 and 9285, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall send a copy of the argument in favor of the measure to the authors of the argument against, and a copy of the argument against the measure to the authors of the argument in favor. The author or a majority of the authors of an argument may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument shall be filed with the City Clerk with the printed name(s) and signature(s) of the author(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. A rebuttal argument may not be signed by more than five persons and shall be printed in the same manner as a direct argument and shall immediately follow the direct argument which it seeks to rebut. Rebuttal arguments for or against the measure, not exceeding 250 words in length, shall be filed with the City Clerk on or before August 12, 2024. Any rebuttal argument shall be accompanied by a signed Form of Statement and in accordance with guidelines for the filing of arguments which are available in the Office of the City Clerk. Rebuttal arguments shall be subject to a 10- calendar-day public examination period in accordance with the provisions of Elections Code section 9295. SECTION 9. Selection of Arguments for Submission to Voters. If more than one argument for or more than one argument against the ballot measure is submitted, the City Clerk shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument, the City Clerk shall give preference and priority to the submitted arguments in accordance with the provisions of Elections Code section 9287. SECTION 10. Consolidation with Presidential General Election. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of the General Municipal Election with the Presidential General Election on Tuesday, November 5, 2024, as requested by and subject to Tustin City Council Resolution No. 24-37. SECTION 11. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 12. Effective Date. This Resolution shall take effect upon adoption. The City Clerk is hereby directed to deliver forthwith certified copies of this Resolution to the Registrar of Voters of the County of Orange and to the Clerk of the Board of Supervisors of the County of Orange. Resolution 24-40 Page 3 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 APPROVED and ADOPTED by the City Council of the City of Tustin at a regular meeting on the 18t" day of June 2024. AUSTIN LUMBARD Mayor ATTEST: ERICA N. YASUDA City Clerk FDocuSigned by: 14, - DA ,E, 7XENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 24-40 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 18t" day of June 2024 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 24-40 Page 4 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO EXHIBIT "A" 1841574.1 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA REVISING THE LIMITATIONS ON CONSECUTIVE TERMS OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL Pursuant to California Elections Code section 9222, the people of the City of Tustin do hereby ordain as follows: SECTION 1. Section 1307 of the Tustin City Code is hereby repealed in its entirety and revised to read as follows: 1307- LIMITATION ON CONSECUTIVE TERMS OF MAYOR AND MEMBERS OF THE COUNCIL (a) Findings and Purpose The people hereby find and declare: (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 electoral systems 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. (3) The purpose of this section is to ensure a free and democratic system of fair elections, and to encourage qualified candidates to seek public office, by limiting the powers of incumbency, by establishing limitations upon the number of consecutive terms and consecutive years which a person may be elected to serve as Mayor, as a member of the City Council, or any combination thereof. (b) Limitation on Consecutive Elected Terms: Any person who has served as a member of City Council or in the office of Mayor, or any combination thereof, for three consecutive terms or for twelve consecutive years, whichever is less, shall not be eligible to be elected to the City Council or to the office of Mayor for a period of eight calendar years from the last date of service on the City Council or as Mayor. 1 1841574.1 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO (1) If the person's service of the third consecutive term or the twelfth consecutive year ends in December after a general election, that person shall be eligible to run and be elected in the general election in November of the calendar year eight years later. (For example: if a Council member's third term ends upon certification of election results in December 2050, then that person would be eligible to be elected in November 2058 notwithstanding that the election is less than eight full years after the last date of service in 2050.) (c) Definition of a Term: When a person serves less than a full term as member of the City Council or as Mayor due to appointment, resignation, vacancy, or due to special election to fill a vacancy, such service in office shall be counted toward the limitation on consecutive elected terms if the individual served two or more years (728 days or more) of that term. (d) Appointment to Fill a Vacancy: This section shall not be construed to prevent a person from being appointed to fill a vacancy on the City Council or in the office of Mayor at any time. (e) Retroactivity: Pursuant to California Government Code section 36502(b), this section shall apply prospectively only. This section shall apply to the terms of office commencing with the election in November 2024. Terms that are commenced, and years that are served, as members of the City Council or as Mayor prior to November 2024 shall not be included when calculating the number of terms or years served for purposes of this section. SECTION 2: Ordinances 1126, 1175, and 1180 are hereby repealed in their entirety, effective upon the effective date of this ordinance. SECTION 3: Pursuant to California Elections Code 9217, this ordinance shall be become valid and binding if a majority of the voters voting on the proposed ordinance vote in its favor. It shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect 10 days after that date. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance, or any part thereof. The People of the City of Tustin hereby declare that they would have passed this Ordinance and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases are subsequently declared unconstitutional or otherwise invalid or ineffective. 2 1841574.1 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO ADOPTED by vote of the People of the City of Tustin on the 5t" day of November, 2024, and declared and certified by the Tustin City Council on the day of 2024. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk, and ex officio Clerk of the city Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the adoption of the above and foregoing Ordinance Number was duly declared and certified by the Tustin City Council at a meeting held on the day of , 2024, by the following vote: COUNCILMEMBERS AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSTAINED: COUNCILMEMBERS ABSENT: COUNCILMEMBERS RECUSED: ERICA N. YASUDA, City Clerk 3 1841574.1 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 RESOLUTION NO. 24-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN PROPOSING AND SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, A PROPOSAL TO ADOPT AN INITIATIVE ORDINANCE REVISING THE LIMITATIONS ON CONSECUTIVE TERMS OF OFFICE FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND AUTHORIZING AND SETTING DEADLINES FOR THE FILING OF ARGUMENTS FOR OR AGAINST THE BALLOT MEASURE WHEREAS, at the general municipal elections in November 1994 the voters of the City of Tustin adopted an ordinance establishing term limits for the members of the City Council; and WHEREAS, from the time of the adoption of term limits for the members of the City Council until the November 2022 general municipal election the five members of the City Council were elected at -large with the Mayor appointed annually from amongst the members of the City Council; and WHEREAS, commencing with the November 2022 election, the City transitioned to by - district elections with four council members elected by resident voters in their respective districts and the Mayor elected at large for terms of four years each; and WHEREAS, the term limit measures codified in Section 1307 of the Tustin City Code needs to be revised to reflect the transition to by -district elections as described above; and WHEREAS, the proposed initiative measure seeks to clarify the limitation on the consecutive terms and consecutive years which a person may be elected to serve as Mayor, as a member of the City Council, or any combination thereof, to revise the limitation to three consecutive terms or twelve consecutive years, whichever is less, and to provide such a person shall be ineligible to be elected to the City Council or to the office of Mayor for a period of eight calendar years from the last date of service on the City Council or as Mayor. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Tustin as follows: SECTION 1. Call for Election to Submit Initiative Measure to Voters. Pursuant to the laws of the State of California relating to General Law Cities, the City Council of the City of Tustin hereby calls and orders to be held in the City of Tustin, California, on Tuesday, November 5, 2024, an election for the purpose of submitting to the registered Resolution 24-40 Page 1 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO voters of the City of Tustin at the Presidential General Election the following ballot measure for their adoption or rejection: Measure : City of Tustin Term Limit Revisions Shall an ordinance revising the limitation on consecutive YES terms of office for the Mayor and Members of the City Council be adopted? NO SECTION 2. Incorporation of Initiative Ordinance Text. The text of the proposed Ordinance for the ballot measure submitted to the City's voters is set forth in full in Exhibit "A" attached hereto and incorporated by this reference. SECTION 3. Approval. If a majority of the qualified electors voting on the measure votes in favor of the measure, the Initiative Ordinance shall be deemed approved. SECTION 4. Order for Publication. The City Council hereby orders and directs the City Clerk to cause the proposed Ordinance and notice of the General Municipal Election to be published in the time, form, and manner as required by law. SECTION 5. Subject to General Municipal Election Laws. In all particulars not expressly recited in this Resolution, the election shall be held and conducted as provided by law for holding general municipal elections. SECTION 6. Impartial Analysis. The City Council hereby authorizes, instructs, and directs the City Attorney to prepare an impartial analysis of the ballot measure, in accordance with the provisions of the Elections Code section 9280, showing the effect of the measure on existing law and the operation of the measure. The impartial analysis, not exceeding 500 words in length, shall be filed with the City Clerk on or before August 2, 2024. SECTION 7. Filing of Arguments. Pursuant to Elections Code section 9282, the following member(s) of the City Council may file a written argument for or against the measure: . Pursuant to Elections Code section 9283, any argument filed by the member(s) of the City Council, shall be accompanied by the printed name(s) and signature(s) of the author(s) submitting it. Any direct argument shall be accompanied by a signed Form of Statement and in accordance with guidelines for filing of arguments which are available in the Office of the City Clerk. Direct arguments shall be filed with the City Clerk on or before August 2, 2024, and shall be subject to a 10 calendar -day public examination period in accordance with the provisions of Elections Code section 9295. Resolution 24-40 Page 2 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO SECTION 8. Filing of Rebuttal Arguments. Pursuant to Elections Code sections 9282 and 9285, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall send a copy of the argument in favor of the measure to the authors of the argument against, and a copy of the argument against the measure to the authors of the argument in favor. The author or a majority of the authors of an argument may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument shall be filed with the City Clerk with the printed name(s) and signature(s) of the author(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. A rebuttal argument may not be signed by more than five persons and shall be printed in the same manner as a direct argument and shall immediately follow the direct argument which it seeks to rebut. Rebuttal arguments for or against the measure, not exceeding 250 words in length, shall be filed with the City Clerk on or before August 12, 2024. Any rebuttal argument shall be accompanied by a signed Form of Statement and in accordance with guidelines for the filing of arguments which are available in the Office of the City Clerk. Rebuttal arguments shall be subject to a 10- calendar-day public examination period in accordance with the provisions of Elections Code section 9295. SECTION 9. Selection of Arguments for Submission to Voters. If more than one argument for or more than one argument against the ballot measure is submitted, the City Clerk shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument, the City Clerk shall give preference and priority to the submitted arguments in accordance with the provisions of Elections Code section 9287. SECTION 10. Consolidation with Presidential General Election. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of the General Municipal Election with the Presidential General Election on Tuesday, November 5, 2024, as requested by and subject to Tustin City Council Resolution No. 24-37. SECTION 11. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 12. Effective Date. This Resolution shall take effect upon adoption. The City Clerk is hereby directed to deliver forthwith certified copies of this Resolution to the Registrar of Voters of the County of Orange and to the Clerk of the Board of Supervisors of the County of Orange. Resolution 24-40 Page 3 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 APPROVED and ADOPTED by the City Council of the City of Tustin at a regular meeting on the 18th day of June 2024. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk FDocuSigned by: .14y 1- DAVHYSFKENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 24-40 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 18th day of June 2024 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 24-40 Page 4 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO EXHIBIT "A" DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA REVISING THE LIMITATIONS ON CONSECUTIVE TERMS OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL Pursuant to California Elections Code section 9222, the people of the City of Tustin do hereby ordain as follows: SECTION 1. Section 1307 of the Tustin City Code is hereby repealed in its entirety and revised to read as follows: 1307- LIMITATION ON CONSECUTIVE TERMS OF MAYOR AND MEMBERS OF THE COUNCIL (a) Findings and Purpose The people hereby find and declare: (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 electoral systems 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. (3) The purpose of this section is to ensure a free and democratic system of fair elections, and to encourage qualified candidates to seek public office, by limiting the powers of incumbency, by establishing limitations upon the number of consecutive terms and consecutive years which a person may be elected to serve as Mayor, as a member of the City Council, or any combination thereof. (b) Limitation on Consecutive Elected Terms: Any person who has served as a member of City Council or in the office of Mayor, or any combination thereof, for three consecutive terms or for twelve consecutive years, whichever is less, shall not be eligible to be elected to the City Council or to the office of Mayor for a period of eight calendar years from the last date of service on the City Council or as Mayor. 1 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO (1) If the person's service of the third consecutive term or the twelfth consecutive year ends in December after a general election, that person shall be eligible to run and be elected in the general election in November of the calendar year eight years later. (For example: if a Council member's third term ends upon certification of election results in December 2050, then that person would be eligible to be elected in November 2058 notwithstanding that the election is less than eight full years after the last date of service in 2050.) (c) Definition of a Term: When a person serves less than a full term as member of the City Council or as Mayor due to appointment, resignation, vacancy, or due to special election to fill a vacancy, such service in office shall be counted toward the limitation on consecutive elected terms if the individual served two or more years (728 days or more) of that term. (d) Appointment to Fill a Vacancy: This section shall not be construed to prevent a person from being appointed to fill a vacancy on the City Council or in the office of Mayor at any time. (e) Retroactivity: Pursuant to California Government Code section 36502(b), this section shall apply prospectively only. This section shall apply to the terms of office commencing with the election in November 2024. Terms that are commenced, and years that are served, as members of the City Council or as Mayor prior to November 2024 shall not be included when calculating the number of terms or years served for purposes of this section. SECTION 2: Ordinances 1126, 1175, and 1180 are hereby repealed in their entirety, effective upon the effective date of this ordinance. SECTION 3: Pursuant to California Elections Code 9217, this ordinance shall be become valid and binding if a majority of the voters voting on the proposed ordinance vote in its favor. It shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect 10 days after that date. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance, or any part thereof. The People of the City of Tustin hereby declare that they would have passed this Ordinance and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases are subsequently declared unconstitutional or otherwise invalid or ineffective. DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 ADOPTED by vote of the People of the City of Tustin on the 5t" day of November, 2024, and declared and certified by the Tustin City Council on the day of 2024. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk, and ex officio Clerk of the city Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the adoption of the above and foregoing Ordinance Number was duly declared and certified by the Tustin City Council at a meeting held on the day of , 2024, by the following vote: COUNCILMEMBERS AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSTAINED: COUNCILMEMBERS ABSENT: COUNCILMEMBERS RECUSED: ERICA N. YASUDA, City Clerk