CC - Item 6B - Term Limit Direction•
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER C. CHI, CITY MANAGER &C-CAL
DATE: JUNE 10, 2008
SUBJECT: TERM LIMIT DIRECTION
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.
Later, on April 22, 2008, the City Council was presented with a staff report (Attachment A)
outlining some of the options available when considering the implementation of term limits in
Rosemead. At that meeting, members of the City Council also discussed the option of
implementing terms limits through the adoption of a City Charter.
Recently, Council Member Low requested that the City Council consider implementing term
limits in Rosemead through the adoption of a City Charter at the upcoming election on
November 4, 2008. Among the considerations that Council Member Low has offered in regards
to term limits include the provision that no person shall be allowed to be a candidate for election
to the office of city council member after having been elected to the office for three consecutive
four-year terms. After that point in time, any individual could run for office again after sitting out
one election cycle.
Staff Recommendation
Staff recommends that the City Council provide further direction regarding this matter.
This item has been noticed through the regular agenda notification process.
Attachment A: April 22, 2008 City Council Report
APPROVED FOR CITY COUNCIL AGENDA:
• •
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER C. CHI, CITY MANAGER oe GAZZ,
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:
• •
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.
J Pre ared by:
{1 0 wa,
Glona Motleda
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 1 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?WAISdocID=2842172193+1 +0+0&WAISacti... 4/15/2008
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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)
Temple City, California
•
City of Alhambra
0
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.
This section shall not apply to any person holding the office of city councilperson on the
date of its approval by the voters of the city.
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