HomeMy WebLinkAbout95-04 - Impose Term Limits on Council MembersRESOLUTION NO. 9s_"/
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, REQUESTING
THAT THE STATE OF CALIFORNIA ENACT
LEGISLATION TO EMPOWER GENERAL LAW CITIES
TO IMPOSE TERM LIMITS ON COUNCIL MEMBERS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the California courts have interpreted California Government Code Section
36502 to preempt the power of a general law city to adopt an ordinance to impose term limits
on city council members; and
WHEREAS, the California courts have interpreted California Government Code Section
36502 to not preempt the power of a charter city to adopt an ordinance to impose term limits
on city council members, and that court found that term limitations on council members is not
a matter of statewide concern; and
WHEREAS, the California voters adopted Proposition 140 to impose term limits for
California state legislators and other offices which measure does not impermissibly infringe upon
the fundamental right to vote or violate the equal protection clause; and
WHEREAS, an amendment to Government Code Section 36502 to empower general law
cities to impose term limits on council members will ensure that new ideas are infused into
municipal councils, eliminate the perception of advantages of incumbency and provide successive
generations of civic leaders better access to elected and appointed municipal offices;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa requests that the State of California legislature immediately enact, and the State of
California Governor endorse an amendment to California Government Code Section 36502 that
adds the following sentence:
"Nothing in this code or the Election Code shall limit the authority of a city council of
any city to adopt an ordinance to impose term limits on the office of council member".
BE IT FURTHER RESOLVED that the Mayor of the City of Costa Mesa is directed to
transmit this resolution to the City's State legislators.
PASSED AND ADOPTED this 16th day of January, 1995.
EVU-0RU
Deputy Cit lerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Mayor the City of Costa Mesa
APPROVED AS TO FORM
K
CITY ATTORNEY
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No.
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof
held on the 16th day of January, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 17th day of January, 1995.
Deputy i Clerk and ex -officio Clerk of
the City ouncil of the City of Costa Mesa