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CC - Item 5A - City Council Term Limit Researchs E'g1M F o~ Q~Q NO~>ORATFO t9"9 r] L ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER C. CHI, CITY MANAGER OL C-j.. DATE: APRIL 22, 2008 SUBJECT: CITY COUNCIL TERM LIMIT RESEARCH SUMMARY On April 8, 2008, Council Member Low requested that staff gather information regarding the potential of implementing a mechanism which would limit the number of terms an individual could serve as a member of the Rosemead City Council. State Law According to California Government Code Section 36502(b) (Attachment A), a City can propose to limit the number of terms an individual can serve on a City Council. In order for such a proposal to become law, a majority of the votes cast in the matter must favor the adoption of such a proposal. Such an action can only occur prospectively and must be considered at a regularly scheduled election. This means that if such a measure is put before the voters and is approved, the term limit lengths would not apply to time already served by current council members, rather, it would only apply to the number of potential future terms able to be served. Local Communities In conducting a cursory review of local communities that have instituted term limits, staff happened across three such cities, Temple City, Alhambra, and Arcadia. In Temple City, their ordinance allows individuals to hold office for two consecutive four-year terms, and then requires that individual to sit out for two years before being able to run again (Attachment B). In Alhambra, their Charter allows individuals to hold.office for three consecutive four-year terms, and then requires that individual to sit out for one election cycle before being allowed to run again (Attachment C). In Arcadia, their Charter allows individuals to hold office for two consecutive four-year terms, and then requires that individual to sit out for two years before being able to run for office again (Attachment D). In the case of Alhambra and Arcadia, it appears that both of those communities instituted term limits through their transition from a general law city to a charter city. As part of that transition into becoming a charter city, the communities of Alhambra and Arcadia also included language in their Charter which limits the terms that a Council Member can serve. Charter City The California Constitution gives cities the power to become charter cities. By becoming a charter city, that municipal entity then has supreme authority over municipal affairs, which can include municipal election matters, land use and zoning decisions, and municipal contracting provisions. Currently, 108 of the 478 cities in California are charter cities. APPROVED FOR CITY COUNCIL AGENDA: 0 • City Council Meeting April 22, 2008 Page 2 of 2 Process Issues If the City Council wishes to proceed in implementing term limits, the next available date to do so would be via the general election set to take place on November 4, 2008. In order to meet the deadline to get onto the ballot for this election, the City Council would have to take formal action and direct staff to notify L.A. County no later than August 8, 2008. It is anticipated that such an election would cost at least $75,000 to coordinate. Staff Recommendation Staff recommends that the City Council provide further direction regarding this matter. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Pre ared by: '1 _I 0 4is, Gloria Mo leda City Clerk Attachment A: California Codes Government Code Section 36502(b) Attachment B: Temple City Ordinance Attachment C: Alhambra Charter Attachment D: Arcadia Charter WAIS Document Retrieval. • Page I of 7 CALIFORNIA CODES GOVERNMENT CODE SECTION 36501-36525 36501. (a) (b) (c) (d) (e) (f) The government of a general law city is vested in: A city council of at least five members. A city clerk. A city treasurer. A chief of police. A fire chief. Any subordinate officers or employees provided by law. 36501.5. Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code 36502. (a) A person is not eligible to hold office as ' councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant. (b) Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision. 36502.5. Notwithstanding the provisions of Section 36502, the city council of the City of Tustin may adopt by ordinance a proposal to limit the number of terms a member of the city council may serve on the city council without submitting the proposal to the electors of the city for approval, provided that a proposal containing those same provisions was submitted to the electors of the City of Tustin at a http://www.leginfo.ca.gov/cgi-bin/waisgate?WAI SdoclD=2842172193+1 +0+0&WAISacti... 4/15/2008 Temple City, California Section 502 . Qualification For Elective Office . . The qualifications for any person to hold an elective office of the city shall be as follows: A. Any such person shall be an elector, within the meaning of the constitution of the state; and B. Any such person shall have been a bona fide resident of the city for at least one year next preceding the date of the election at which he desires to be a candidate for such elective office; and C. A councilman who has been elected for two consecutive four-year terms, excluding part or all of any unexpired term, shall not be eligible to be a candidate for election to the office of councilman again until two years after expiration of the second consecutive term. This section shall apply to councilmen elected to office on and after the effective date of this section. (4/14/92) • City of Alhambra 9 SEC. 11.5. LIMITATIONS ON TERMS OF COUNCILPERSONS. No person shall be a candidate for election to the office of city councilperson after having been elected to the office for three consecutive four-year terms. No person shall be a candidate for election to the office of city councilperson who has held the office for more than two years of a four-year term and has been elected to the office for the next following two four-year terms. Nothing in this section shall prevent any person who has thereby held the office of city councilperson from being a candidate for election to the office if at least three years have elapsed since his or her last term of office has expired. 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