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HomeMy WebLinkAboutCC RES 24-40DocuSign Envelope ID: 23DDF1C7-E4EF-4D43-92E8-855663C2B262 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: 23DDF1C7-E4EF-4D43-92E8-855663C2B262 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: Mayor Austin Lumbard . 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: 23DDF1C7-E4EF-4D43-92E8-855663C2B262 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: 23DDF1C7-E4EF-4D43-92E8-855663C2B262 APPROVED and ADOPTED by the City Council of the City of Tustin at a regular meeting on the 18th day of June 2024. DocuSigned by: AU§-ftPTq-ELW8ARD, Mayor ATTEST: °S DocuSigned by: [—;(A gxSVJ4 E R fCAcWY1A8J DA, City Clerk �DocuSigned by: �.':d�k'd' DAWYE?7KENDIG, 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: Lumbard, Gallagher, Schnell (3) COUNCILMEMBER NOES: Clark. Gomez (2) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: (0) DocuSigned by: °S `LV i(a aSa. ER RtTTA'90DA, City Clerk Resolution 24-40 Page 4 of 4 DocuSign Envelope ID: 23DDF1C7-E4EF-4D43-92E8-855663C2B262 EXHIBIT "A" DocuSign Envelope ID: 23DDF1C7-E4EF-4D43-92E8-855663C2B262 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: 23DDF1C7-E4EF-4D43-92E8-855663C2B262 (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: 23DDF1C7-E4EF-4D43-92E8-855663C2B262 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