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HomeMy WebLinkAbout2023-18 CC ResolutionRESOLUTION NO.2023-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUBMITTING TO THE VOTERS AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION A MEASURE THAT PROPOSES ADOPTION OF AN ORDINANCE TO ESTABLISH TERM LIMITS, REQUESTING THAT SUCH ELECTION BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON THAT DATE, AND TAKING CERTAIN OTHER ACTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Government Code Section 36502 (b) specifically states that "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." Section 2. On February 14, 2023, pursuant to the Government Code section referenced above, the City Council approved the placement of a measure to establish term limits for the City Council on the November 5, 2024 ballot. Section 3. The full text of the measure, attached to this resolution as Exhibit A, being the proposed ordinance establishing term limits, shall be completely printed in the voter pamphlet. The Ordinance shall be adopted if it receives a majority of the votes cast on it at the regular municipal election of November 5, 2024 and shall go into effect ten (10) days after the City Council declares the results of the vote of the November 5, 2024 election. The City Council, pursuant to its right and authority, orders the measure to be submitted to the voters. Section 4. The question shall appear on the ballot as follows: Shall an ordinance be adopted to amend the City of Temecula Yes Municipal Code providing that no person shall be eligible for nomination, appointment, and/or election to the office of Member of No the City Council for more than three (3) four (4) year terms during their lifetime? Section 5. The City Council hereby approves the proposed ordinance to be submitted to the voters, attached hereto as Exhibit A. Section 6. The City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney to prepare an impartial analysis of the measure pursuant to the process and deadlines set forth in the Elections Code and applicable to the November 5, 2024 election. Section 7. The City Council hereby directs the City Clerk to pursue consolidation of the November 5, 2024 election for said ballot measure with the County of Riverside pursuant to the process and deadlines set forth in the Elections Code and applicable to the November 5, 2024 election. The City will bear the costs customarily charged by the County in connection with a ballot question submitted at a municipal election that is consolidated with an election conducted by the County. Section 8. The City Council hereby directs the City Clerk and the City Attorney to perform any and all additional tasks associated with the placement of the local ballot measure and the conduct of the November 5, 2024 general municipal election as required by law. Section 9. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of February, 2023. 1 ATTE Ran , City Clerk [SEAL] 1 Zak Schwank, Mayor 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023-18 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of February, 2023, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalf is, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 7 Randi Johl, City Clerk 3 EXHIBIT A - PROPOSED ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF TEMECULA, ADDING SECTION 2.04.080 TO THE TEMECULA MUNICIPAL CODE REGARDING TERM LIMITS THE PEOPLE OF THE CITY OF TEMECULA DO ORDAIN AS FOLLOWS: Section 1. Section 2.04.080 is hereby added to the Temecula Municipal Code to read as follows: "Term Limits. No person shall be eligible for nomination, appointment, and/or election to the office of Member of the City Council for more than three (3) four (4) year terms during their lifetime, including, without limitation, terms to which the person was nominated and appointed to office by the City Council in lieu of a general municipal election pursuant to California Elections Code Section 10229. This term limitation shall apply prospectively pursuant to Government Code Section 36502. Therefore, only those terms of office occurring after November 5, 2024 shall be counted towards the three -term limit. If any person is appointed or elected to a partial term of office of two years or less, that that term shall not be counted towards the three -term limit." Section 2. This Ordinance shall be adopted if it receives a majority of the votes cast on it at the regular municipal election of November 5, 2024 and shall go into effect ten (10) days after the City Council declares the results of the vote of the November 5, 2024 election. Section 3. The People hereby declare that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance to be published in accordance with the law. PASSED, APPROVED, AND ADOPTED by the People of the City of Temecula at the General Municipal Election held on November 5, 2024. ATTEST: Randi Johl, City Clerk Mayor [SEAL]