HomeMy WebLinkAboutORD 1180 (1997) ] ORDINANCE NO. 1180
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AN ORDINANCE OF TEE CITY COUNCIL OF TItE CITY OF TUSTIN, CALIFORNIA,
3 CONFIRMING THE VOTERS' WISHES EXPRESSED ON NOVEMBER 8, 1994, TO
LIMIT CONSECUTIVE TERNS OF MEMBERS OF THE CITY COUNCIL.
4
5 The City Council of the City of Tustin hereby ordains as
follows:
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SECTION 1. AUTHORITY.
7
This Ordinance is enacted pursuant to Government Code
s Section 36502.5 (Chapter 310, 1996 Statutes; SB 1421).
9 SECTION 2. FINDINGS.
10 On November 8, 1994, at a regularly scheduled election,
the electors of the City of Tustin approved a proposal to limit
11 consecutive terms of members of the City Council to two (2) full
consecutive terms. This proposal added Section 1307 of Chapter 3
12 of Article 1 of the Tustin City Code. This ordinance contains the
same provisions on the limitation of City Council terms as the
13 proposal approved by Tustin electors.
14 SECTION 3. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE TERMS OF
MEMBERS OF THE CITY COUNCIL.
15
Section 1307 of Chapter 3 of Article 1 of the Tustin
16 City Code is hereby amended to read as follows:
]7 ~1307 Limitation on Consecutive Terms of Members Of the CounCil.
Is (a) Findings and Purpose.
]9 The City Council hereby acknowledges that the voters of
Tustin have found and declared that:
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(1) The Founders established a system of
2] representative government based upon free, fair, and competitive
elections. The increased concentration of political power inthe
22 hands of incumbent representatives has made our electorial system
less free, less competitive, and less representative.
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(2) The ability of legislators to serve an
24 unlimited number of terms contributes heavily to the extremely high
number of incumbents who are reelected. This unfair incumbent
25 advantage discourages qualified candidates from seeking public
office and creates a class of career politicians, instead of the
26 citizen representatives envisioned by the Founders. These career
politicians become representatives of the bureaucracy, rather than
27 of the people whom they are elected to represent.
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(3) The purpose of this Ordinance is to restore
3 a free and democratic system of fair elections, and to encourage
qualified candidates to seek public office, by limiting the powers
4 of incumbency, by placing limitations upon the number of
consecutive terms which may be served by members of the City
5 Council.
6 (b) Limitations on Consecutive Terms for Council Members.
7 (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
9 (2) years from the last date of the second consecutive term.
10 (2) This Ordinance shall not operate to shorten any
current term of members of the City Council presently in office.
l]
(3) This Ordinance shall apply prospectively from the
12 effective date of the enactment of Government Code Section 36502.5,
which date is January 1, 1997.
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(4) This Ordinance shall not be amended or repealed by
14 the City Council without the approval of the electors of the City
of Tustin.
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SECTION 4 SEVERABILITY.
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If any section, subsection, subdivision, sentence.,
]7 clause, phrase, or portion to this Ordinance, is for any reason
held to be invalid or unconstitutional by the decision of any court
is of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
]9 Council of the City of Tustin hereby declares that it would have
adopted this Ordinance, and each section, subsection, subdivision,
20 sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences,
2l clauses, phrases, or portions thereof be declared invalid or
uncon s t i t ut i ona 1.
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PASSED AND ADOPTED, at a regular meeting of the City Council
23 for the City of Tustin on this 17th day of March , 1997.
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26 ATTEST:
27 ~ ~
2S PAMELA STOKER, City Clerk
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1180
PAMELA STOKER, 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
five; that the above and foregoing Ordinance No. 1180 was read and
introduced at a regular meeting of the City Council held on the 3rd day
of March, 199'7, and was given its second reading and adopted at a
regular meeting held on.the 17th day of March, 1997, by the following
vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Potts, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER~ABSENT: None
.Pamela Stoker, City ele~k