HomeMy WebLinkAboutORD 1175 (1997) I ORDINANCE NO. 1175
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
3 CONFIRMING THE VOTERS' WISHES EXPRESSED ON NOVEMBER 8, 1994, TO
LIMIT CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL.
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s The City Council of the City of Tustin hereby ordains as
follows:
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SECTION 1. AUTHORITY.
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This Ordinance is enacted pursuant to Government Code
8 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
1] 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
]3 proposal approved by Tustin electors.
14 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
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.
19 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
21 representative government based upon free, fair, and competitive
elections. The increased concentration of political power in the
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
s Council.
6 (b) Limitationson Consecutive Terms for Council M~mb~r~.
7 (1) No person shall be elected as a member of the City
Council for more than two (2) full consecutive terms. Any member
s 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.
]0 (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.
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SECTION 4 SEVERABILITY.
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If any section, subsection, subdivision, sentence,
]~ clause, phrase, or portion to this Ordinance, is for any reason
held to be invalid or unconstitutional by the decision of any court
]6 of ~competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
]7 Council of the City of Tustin hereby declares that it would have
adopted this Ordinance, and each section, subsection, subdivision,
Is sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences,
]9 clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
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PASSED AND ADOPTED, at a regular meeting of the City Council
2] for the City of Tustin on this 18th day of February, 1997.
23 T~CY WIL~WORLEY, Mayor
24 ATTEST:
26 PAMELA STOKER, City Clerk
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1175
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 Cityl of Tustin is
five; that the above and foregoing Ordinance No. 1175 was introduced at
at regular meeting of the City Council on February 3, 1997, and was
passed and adopted at a regular meeting of the City Council held on
February 18, 1997 by the following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Potts
PaWela Stoker, C~ty Clerk