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HomeMy WebLinkAbout2008/07/08 Item 14 CITY COUNCIL AGENDA STATEMENT ,-\ ~f::. CITY OF :Co<: ~ (HULA VISTA JULY 8, 2008, Item~ SUBMITTED BY: CONSIDERATION OF CHARTER REVIEW COMMISSION RECOMMENDATION REGARDING PROPOSED CHARTER AMENDMENT TO ADD TERM LIMITS FOR THE MAYOR AND CITY COUNCIL MEMBERS CITY ATTORNEY ON BEHALF OF THE CHARTER REVIEW COMMIS CITY MANAGER ASSISTANT CITY ITEM TITLE: REVIEWED BY: 4/5THS VOTE: YES D NO ~ SUMMARY This item is submitted on behalf of the Charter Review Commission. The Commission is proposing an amendment to Section 300.D. of the City Charter. The proposed amendment would limit the number of terms an individual may serve in the office of Mayor or Councilmember. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a" Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council consider the Commission's recommendation. BOARDS/COMMISSION RECOMMENDATION This recommendation has been submitted by the Charter Review Commission. There are no other related board or commission recommendations. DISCUSSION The Charter Review Commission has met several times over the past two years to develop a recommendation to the City Council regarding term limits. As a result, the Commission has composed language which would replace Section 300.D. of the City's charter. The J:\Attomey\JILLMIAGENDA ST A TEMENTSICRC\Charter Review commiSSion<Ofr2_;-23-08_JOSM Redline2--CLEAN CCdoc JULY 8, 2008, Item-1.::l Page 2 of2 Commission is requesting that the City Council: (i) consider the recommendation and (ii) direct City staff to proceed with placing the Charter amendment language on the November ballot for consideration by the voters. The proposed Charter amendment would limit the number of terms that anyone person could serve as mayor, or as a councilmember, to two, four-year terms. The proposed amendment would not be retroactive; it would not apply to any prior, or current, members of the City Council. The proposed language, which would replace Charter Section 300.D., is included as Attachment I to this Agenda Statement for the Council's reference. In order for the Charter to be amended as recommended by the Commission, the proposed amendment must be submitted to the voters. If placed on the ballot, the proposed amendment must obtain a majority vote in order to pass. If the Council chooses to place the proposed Charter amendment on the November 2008 ballot for consideration by the voters, staff will return to the Council before August 8, 2008, with the necessary resolution in order to proceed with the ballot process. A schedule of the key dates for the November election is included as Attachment 2 to this Agenda Statement. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, consequently, the SOO-foot rule found in California Code of Regulations section I 8704.2(a)(I) is not applicable to this decision. FISCAL IMPACT The estimated cost to the General Fund for placing this item on the November 4, 2008 ballot is $34,000. ATTACHMENTS Attachment I - Proposed Amendment to Charter Section 300.D. Attachment 2 - Summary ofImportant Election Dates Prepared by: Jill Maland, Deputy City Attorney, Office of the City Attorney J:\AltomeyIJILLM\AGENDA ST A TEMENTS\CRC\Charter Review commissiOI'l-Drf~ '2J+08_JDSM Redlinc2--CLEAN CC.doc ATTACHMENT 1 PROPOSED AMENDMENTTO CHARTER SECTION 300.D No person shall be eligible for nomination and election to the office of City COlUlcilmember or the office of Mayor for more than two full terms, and no person who has held the office of City COWlcilmember for two full terms or the Office of Mayor for two full terms, may again seek nomination and election to said office of City COWlcilmember or office of Mayor, respectively. If a person serves a partial term in excess of two years, it shall be considered a full term for the purpose of this provision. The above-referenced lifetime term limitation shall apply only to terms of office that began on or after DATE ENACTED. In no event shall the application of this provision permit any person, who has held the office of City COWlcilmember for a period of two (2) consecutive terms or the office of Mayor for a period of two (2) consecutive terms (including terms of office that began prior to DATE ENACTED) again seek nomination and election to the office of City COWlcilmember or office of Mayor respectively, Wltil a period of one (I) year from the termination of the second term of office as a City COWlcilmember or as Mayor has elapsed. J:\AttomeyIJILLM\CHARTER REVIEW COM'N\Proposed Tenn Limit Language 06-23-08Joc 14-;1 ~V?- ~ ~~~~ CllY OF CHULA VISTA July 7 July 22 August 08 August 13 August 15 August 18 August 19-28 August 20 August 21 August 21- September 2 August 28 August 29- September 8 ATTACHMENT 2 MEMORANDUM OFFICE OF THE CITY CLERK BALLOT MEASURES CALENDAR FOR NOVEMBER 4, 2008 ELECTION Report and resolutions due for 07/22 Council meeting City Council adopts resolutions ordering a measure to be submitted to the voters; directing, if desired, the City Attorney to prepare an impartial analysis; and authorizing, if desired, member(s) of the Council to prepare and file an argument in favor of or against and rebuttal argument, if necessary, to be printed in the sample ballot. City Clerk delivers adopted and executed resolution(s) to the Registrar of Voters. City Clerk submits notice of deadline for filing arguments for publication in newspaper. Notice of deadlines for arguments is published. Impartial analysis of measure due to City Clerk, if so directed by the Council Public review period for City Attorney's impartial analysis Arguments in favor of and against measure due to City Clerk by 5 :00 p.m. City Clerk selects an argument in favor of and against the measure and trades arguments for preparation of rebuttals. Public review period for ballot arguments in favor of and against. Rebuttal arguments due to City Clerk by 5:00 p.m. Ten-day "public review period" of ballot measure arguments, rebuttals and other materials before printing in the sample ballot. J:\Attomey\JILLM\CHARTER REVIEW CQM'N\Ballot measures calendar procedures_06-18-08.doc 14-4 I .