HomeMy WebLinkAbout7 - Council Term Limit ProvisionsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
September 22, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David R. Hunt, City Attorney
ext. 3131, dhunt @city.newport- beach.ca.us
SUBJECT: AN ORDINANCE CLARIFYING THE CITY COUNCIL TERM LIMIT
PROVISIONS OF THE CHARTER OF THE CITY OF NEWPORT BEACH
ISSUE:
Should the Council adopt an ordinance that clarifies the provisions of the Charter of the
City of Newport Beach relating to term limits for members of the Newport Beach City
Council?
RECOMMENDATION:
Introduce Ordinance No. 2009 - adding Chapter 1.32 of the Municipal Code, and
pass to second reading on October 13, 2009.
DISCUSSION:
As discussed during study session on June 9, 2009, Charter section 401 dealing with
term limits lacks complete clarity. Clarity may be provided by the Council through the
enactment of ordinance provisions, so long as the ordinance provisions are consistent
with the terms and intent of the Charter. Consistent with the Council's direction given at
the June 9, 2009 meeting, we recommend clarification of the issues by adoption of the
ordinance provisions attached.
1. Charter Term Limit Provisions Lack Total Claritv.
In November 1992, the voters amended Section 401 of the Charter of the City of Newport
Beach to limit the number of consecutive four -year terms a City Council member could
serve. Section 401 of the Charter states in pertinent part:
Notwithstanding the provisions of Section 400, no person shall be or
remain eligible to hold office as a member of the City Council for more
than two consecutive four -year terms. Members of the City Council who
have served one or more terms prior to their current term shall be entitled
to complete such term, but shall not be eligible for re- election except as
Charter Clarification Ordinance — Term Limits
September 22, 2009
Page 2
provided below. Members of the City Council who are serving their first
term as of the effective date of this amendment shall be eligible to hold
office during a second four -year term when the current term expires.
This section is intended to prevent persons from serving more than two
consecutive terms, and shall not be construed to render ineligible any
person who would not, by virtue of his or her election, serve more than two
consecutive terms.
These provisions are silent on the issue of whether a council member is "termed out" if
he or she does not complete his or her second consecutive four -year term of office.
This silence leaves a question as to whether a council member can resign after having
begun his or her four -year term of office and, if that occurs, whether the council member
can then run for the next consecutive term of office.
2. When a charter is not clear, the City Council may clarify it by ordinance.
When a charter provision is ambiguous, a city council may enact ordinances that clarify
and implement the intent of the electorate. (Creighton v. City of Santa Monica (1984)
160 Cal.App.3d 1011, 1021.) Therefore, the Council may address the Charter
ambiguities so long as the action is consistent with the intent of the Charter.
3. Analysis of the Charter and Ballot Arguments.
The intent of the Charter is to be determined from its language and the Charter as a
whole. If, however, the language is not clear, the courts will look the legislative history
and ballot arguments in favor of the enactment of the Charter amendment to assist in
interpreting the provisions. (Woo v. Superior Court (2000) 83 Cal.App.4t 967.) The
information and arguments contained in the official ballot pamphlet may indicate the
voters' understanding of the measure and their intent in passing it. The historical
context in which the provision was adopted is also relevant." (td. at 976.) "We are also
guided by the principle that the right to hold public office is a fundamental right of
citizenship that can be curtailed only if the law clearly so provides. Any ambiguity in a
law affecting that right must be resolved in favor of eligibility to hold office." (Id, at 977
[internal citations omitted].)
First we turn to the other provisions of the Charter. Section 400 governing Elective
Officers is helpful. It defines a term of office as being four years, running from the date
a council member's election is certified. Paragraph three of Section 400:
The term of office [of an elected council member] shall be four years. The term of
each Council member shall commence on the date of the City Council meeting,
following his or her election, at which the council receives the certification of
election results from the City Clerk.
Charter Clarification Ordinance — Term Limits
September 22, 2009
Page 3
This Charter provision was in effect at the time Proposition "P," the proposition
approving term limits in the City, was adopted. Thus, one must assume its provisions
were understood and used in the preparation of Proposition "P;" therefore, its provisions
are used to define Proposition "P's" terms. As a result, a "term" under the Proposition
"P," Charter section 401, equals four years and commences upon a council member
being seated.
We turn now to the November 1992 ballot argument in favor of Measure "P" to further
illuminate the intent of the voters with respect to the meaning of "four -year term." A
copy is attached here as "Attachment A." The official ballot argument urging the
adoption of the term limit amendment to the Charter states in part:
This is the long- awaited measure to limit terms of city council members. It
applies a two consecutive, four year -term limit. Presently, there is no limit
on council terms in our city. The measure is relatively mild, since it does
not impose a lifetime ban; after eight years in office, a member may sit out
a term and run again.
This measure ensures the concept of rotation through office envisioned by
the framers of our form of citizen government ...
There are two groups who oppose term limits. Elected officials oppose
term limits because they have self- interest in prolonging their stay. The
other group is special interests who have the most to gain by access to a
familiar and friendly face on whom they have spent a lot of time cultivating
a relationship.
One of two things happens to long- sitting politicians. Because they stay in
office too long, some adopt an "imperialistic" attitude manifested by their
notion that they know what is best for the people. Or they suffer "burn -out"
because of the demands of the job. Either situation results in a decrease
in the responsiveness necessary for your elected official to effectively
represent you ...
(Voter's Pamphlet, Candidates' Statements together with Ballot Measures,
Analyses and Arguments, November 1992.)
Based on the language of the Charter, as illuminated by the ballot argument, the intent
of the voters who approved Measure "P" was to encourage the rotation of a variety of
citizens through the City Council and to allow a former council member to be eligible to
return to office after breaking the consecutive nature of the member's service by being
out of office a four -year term. The amendment's proponents also believed that rotating
council members would increase the council members' responsiveness to the voters.
Consistent with this intent, it would be appropriate to enact an ordinance clarifying that a
council member has completed his or her four -year term of office if he or she is seated
when assuming office upon certification by the City Clerk of the election results. In this
Charter Clarification Ordinance —Term Limits
September 22, 2009
Page 4
manner, the intent of the Charter to prevent elected officials from prolonging their stay in
office through multiple consecutive four -year terms will be carried out.
4. Terms after Appointment and Terms After Serving Two Consecutive_ Terms.
In addition, the City Council's comments at the June 9, 2009 study session indicate that
it may be helpful to codify a clear statement of two other issues: (1) the eligibility of a
council member to serve two elected four -year consecutive terms after being elected or
appointed to a partial term; and (2) the eligibility to sit again as a council member after
having left office, thus having broken the consecutive nature of service in the office.
Neither of these issues is addressed specifically in the Charter. The intent, however,
can be clearly inferred from the Charter and the ballot arguments and thus can be easily
addressed by ordinance in a manner consistent with past practice.
a. Appointment and Service of Subsequent Terms.
First, appointment or election to a partial vacated term does not prevent a council
member from serving "two consecutive four -year terms" after that service under the
Charter term limit. Both the Charter and the ballot argument reference "consecutive
four -year terms." Thus, if a council member completes a vacated partial term, so long
as he or she did not serve a full four -year term, that council member could serve two
further consecutive four -year terms. This issue is clearly addressed in subsection B. of
section 1.32.020 of the proposed ordinance.
b. Service After Serving Two Consecutive Four Year Terms.
It is also clear that the intent of the Charter was to limit "consecutive terms" of service,
and thus a council member can run again for office, or be appointed for that matter,
once he or she has broken the consecutive nature of that member's service. The
question remains, however, as to what time a council member must sit out of office
before he or she is eligible to be seated as a council member again. Thus, express
ordinance provisions to that effect can be enacted to remove any doubt that may exist.
(1) "Consecutive Term"
The definition of the phrase "consecutive term" is the key to this issue. Is it the full four -
years of the office following the second consecutive four -year term? Or, if the
"consecutive" nature of the holding of office is the key, can the council member sit out a
time shorter than the four -year term and then be eligible to be seated again? The ballot
argument assists in clarifying this issue. It states in pertinent part that, "A member may
sit out a term and run again." [Emphasis added.] Thus the focus is on the "term" and
the consecutive nature of the service.
As noted earlier, the phrase "term" is defined under Charter section 400 as four - years.
The word "term" also has a clear meaning in common usage and in the law. Merriam -
Webster's On -Line Dictionary lists the relevant definition as:
Charter Clarification Ordinance — Term Limits
September 22, 2009
Page 5
a: a limited or definite extent of time ; especially : the time for which something
lasts : DURATION, TENURE <term of office> <lost money in the short term> b: the
whole period for which an estate is granted ; also : the estate or interest held by
one for a term c: the time during which a court is in session
As one can see, the phrase encompasses the whole of the time frame that something
lasts, i.e. duration. Likewise, Black's Law Dictionary gives the relevant definition of
"term" as:
A fixed period; period of determined or prescribed duration. A specified period of
time: e.g. term of lease, court session, sentence. The word in a legal sense
means a fixed and definite period of time which the law describes that an officer
may hold an office. [Citation omitted.]
Thus, consistent with these definitions, the phrase means the whole of a fixed period of
time. Under the circumstances, therefore, a council member who has served two
consecutive four -year terms of office must sit out at least the next four -year term of
office before being eligible to stand for election for that office again.
(2) Method of Return to Office.
That having been said, what if the sitting City Council wants to consider a former council
member for appointment to a vacated seat where that former council member has not
been off the council for a full four -year term? Does the prohibition prevent the
appointment of that former council member to the vacant seat? No. It does not.
Section 401 limits the restriction to "election," stating in pertinent part,
This section is intended to prevent persons from serving more than two
consecutive terms, and shall not be construed to render ineligible any person
who would not, by virtue of his or her election, serve more than two consecutive
terms. [Emphasis added.]
Since the prohibition is expressly limited to "election," then the council can appoint an
experienced former council member to an unfinished term of office.
Section 403 of the Charter directs the City Council to appoint a qualified person from the
relevant district to fill a vacancy and then requires that the vacated seat be filled by a
vote of the people in the next general election. As a result, a former council member
who is appointed to fill the first half of a vacated term could not run for election for the
balance of the term if he or she would then be "elected" within the "consecutive term"
after serving "two consecutive four -year terms" on the Council. If, however, the
appointment occurred in the second half of the four -year term, the former council
member would be eligible to run for election and then to hold office at the next general
election since it would no longer be in the "consecutive term."
Charter Clarification Ordinance — Term Limits
July 28, 2009
Page 6
4. Recommended ordinance clarifications and options.
Based upon Council's direction from the June 9, 2009 meeting, we have prepared a
proposed ordinance clarifying these issues. The draft ordinance is attached as
"Attachment B." As drafted, the ordinance provides that if an elected council member
assumes office on the first day of his or her elected four -year term and vacates the term
at any time thereafter (even the following day) for any reason, he or she is considered to
have served a four -year term for eligibility purposes. In addition, the ordinance provides
clear guidance on when an individual who has served two consecutive four -year terms
is eligible to later serve another term.
Environmental Review: This is not a project under CEQA.
Public Notice: This agenda item has been noticed according to the Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers the
item.) It was posted at City Hall and on the City's website.
Funding Availability: No funding is necessary.
ALTERNATIVES AND CONCLUSION
Based upon your direction from the June 9, 2009 meeting, staff recommends the
Council consider the attached proposed Ordinance 2009 -_, introduce the ordinance
through first reading and pass it on to second reading at the October 2, 2009 City
Council meeting. The Council may also choose not to take the action recommended or
to instruct staff to consider alternatives for Council's review.
Prepared by:
Submitted by:
David R. Hunt, David R. Hunt,
City Attorney City Attorney
Attachment A. November 1992 Voter's Pamphlet (partial)
Attachment B. Proposed Ordinance Adding NBMC Chapter 1.30
A09 -00491 — Term limit Clarification — 912212009 Meeting
ATTACHMENT A
An Ordinance Clarifying The City Council Term Limit Provisions of the
Charter of the City of Newport Beach
November 1992 Voter's Pamphlet (partial)
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1/QTER'S P MP L T
The following pages contain
CANDIDATES` STATEMENTS
together with
BALLOT MEASURES, ANALYSES
AND ARGUMENTS
(whichever is applicable to your ballot)
This pamphlet may not contain a complete list of candidates. A
complete list of candidates appears on the Sample Ballot. Each
candidate's statement in this pamphlet is volunteered by the
candidate and is printed at the expense of the candidate unless
otherwise determined by the governing body.
ARGUMENTS IN SUPPORT OF OR IN OPPOSITION TO THE
PROPOSED LAWS ARE THE OPINIONS OF THE AUTHORS
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LAST DAY TO REGISTER FOR THIS ELECTION
;d you moved on or prior to October 5, 1992, And did not register to vole at
your new address, you am not eligible to vote in this election. If you moved
Ins rafter Octobar 5, 1992, you may vote an absentee ballot or at your polling
Fell iplac e, using your previous address as your address of registration for this
life 'election. HOWEVER, you must register at your new address to vole in luture
;elections. '
Ito
;s- .LAST DAY TO REQUEST ABSENTEE BALLOT
3ra !Complete and return the application for absent voters ballot printed on the
ad . reverse side of this page. The application must be received by the Registrar
,ne 'of Voters by October 27, 1992. ga Sure to sign your request.
&h ;RETURNING YOUR ABSENT VOTER'S BALLOT
at !Return your voted absent vetoes ballot to the office orlhe Registrar Of Voters
Lh or to any polling piece within Orange County by Ergo p.m. election day.
nist. :NOTICE TO THE PHYSICALLY HANDICAPPED
he IA "YES" printed to the left of the handicapped symbollarrow on the reverse
ict 'side of this notice indicates that the polling place is accessible to the hand.
bopped. A 'NO" printed in this area indicates that the polling place is not
W' ;accessible to the handicapped. If the III
te. handicapped, Polling Place is not Accessible inpi to the
pped, the voter has the right to appear outside the polling place and
tut ;vote a regular ballot or, apply for and receive an absent voters ballot by
imafl.
toll
me 'PERMANENT ABSENT VOTER STATUS
:Any voter who has lost, or has lost the use of, one or more Ilmbs; has lost or
;has Inst the use of, bath hands; is unable to move about wilhout the aid of an
,assistard device Ilxe canes, crutches, walker, wheetchairl; is suffering from
lung disease, blindness, or cardiovascular disease; has a significant limrta�
lion in the use of the lower eatremitles; or is suffering from a diagnosed
'disease or disorder which substantially Impairs or interferes with the per-
;son's mobilfty may apply for permanent absent voter Flatus. 11 You need e
permanent absent voter application plaase check the boa on the reverse side
'of this page and an application will be mailed to you. (Elections Code Section
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CITY OF NEWPORT BEACH
This is the long•awafled measure to limit terms of city camcil members. It
applies a blo consecutive, lour year -tam tmit Presently. mere is no limit
on council tams in our city. The measure is relatively mild, since it does
not impose a Not-gate ban: after eight years in office, a member may sit
out a tam and run again.
The measure arms$ the concept of rotation tmough office erwistaned by
tre framers of our form of citizen govortment Tam emits presently apply
to and are working well at almost all other levels of our government Can
we honesty say that the position and. longevdy of a city council member
are more indispensable than that of the President of the United Sates?
There are two groups wta oppose term limits. Elected officials oppose term
limits because they have sell- interest in prolonging their stay.' The otter
group is special interests who have the most to gain by access to a familiar
and friendly face on whom they have spend a lot of time cultivating a re-
lationship.
one of two things happens to long -sfttlp politicians. Because they stay in
office too tong, some adopt an'Impedaiell atihlde manifested by heir
nolon that they know what is best for 1119 people. of they suffer 'binr -out'
because of tie demands of the job. Ether situation muff in a decrease
in the responsiveness necessary for your elected official to effectively mp-
resent you
Municipal term limits are working very well to our Orange County sister
dues. Other cities likewise have term limit initiatives on their ballots this
year. Term Traits am good for their elec" and term (units will be good
for us-
'In contrast our couocit tres imposed tarm•limts on its app"es to city
committees and sommisdoli .
st .bin W. Hedges d Jean well
Comna'kuember. 1st Oisulct Counalmem0er, 61h pivuict
City of Newport Beach 15y of Newport Beady
s/ Janine Gault
Chairperson
Newport Residents to Limit City cowrcit Terms
REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE P
CITY OF NEWPORT BEACH
The boNrd the scenes organizers of ire initiative are those who tam years
ago targeted call* Council Members for removal In an unsuccessful term
limit Wildve drive. This Measure is certainly not mud! t is another rated
attempt to remove certain Comci Members who do rot fully srppert the
organizers point of view.
In most cries with term Mrots successha candidates are the 2 or 3 receiving
fire must rotes ctlywide regardless of where they live in the city. This often
results in the elacton of two or more members from the same area of the
city and unequal representation Ton Traits were then initiated in an effort
to obtain equal representation.
In Newport. Caxrcll Candidates must be nominated from the Oistild they
want b represent listodcaty, successful candidates are Lose l sit are well
known in their tli vi is from them ociftlies i1 Community and civic afiaim
and have a strong constituency within the Olabkt rather tan from special
interest groups as alluded b by the term limit supporters
City Committees have no term tmds.
Three members of the Council are all seeldr* reelection set to proponents
of term furies try to obtain control of to Council by to electiorh process
not by term limits!
Vote NO on Measure R
d Phl Sansone
Mayor
ARGU!- 1TAGAINST MEASURE P
GTYOF NEWPORT BEACH
We urge a 'NO' vole on Measure P. A -NO' vote oil Measure P preserves
your fight to pick the best candidate acrd will ensure Newport Beach remains
at the forefront of Orange County cities A 'NO' rote al Measure P proves
you are an involved, concerned resident concerned about tre quatty of life
in Newport Beady.
Tam limits may be for the professional salaried politicians in Sacramento
and Washington who are more concerned about being elected than sells-
lying the co suhrents. Tenn irtpls are unnecessary in Newport Beach Mull
Cotre trlembeis are not Paid saWties old live In the WAS neighbmtood
as %it cortstituera who con and do. express their views by a local phone
rat.
Measure P instills the inieBgence of Newport Beach voters. Newport Beady
residents vale candidates based upon quafiieatas and their position on
issues —rot the length of service. Volans who care about Newport Ready
Lake " time to loam who is the best candidate and f!me and time stain
have defeated Incumbents who failed to property represent their cOtlili iOnts.
Vote 'ND' on Measure P t you want Newport Beach to remain in the
forefnont of Orange Cc" clam. More and more of line decisions that affect
Newport Reach are made by regiahal boards and carknisdo s. Many New -
pal Beach Councilmembers serve en these boards and commissions be-
cause of their exoerron" and (justifications, Measure P would reduce our
Influence on reil oael boats and diminish you "My of life.
Measure P will not effect us because we have each decided, for Personal
reasons, not to seek re -electron after completion of our current term Vote
NO' on Measure P so you receive the best tepreserrIaliar possible.
s/ Phlf Sansone
Mayor
a/ Clarence Tumor
Mayan- Pro -Tem
REBUTTAL TO ARGUMENT AGAINST MEASURE P
CITY OF NEWPORT BEACH
This summer in just a six week Period over 8500 of you signed a grass-
roots petition to place this farm -Trait measure on the tutor That Is 20%
d the efeclorate in our city. Every slnVa person signed because he or she
Is Indeed -an involved. concerned resident concerned about the Quality of
Ife h Newport Boacb.'
Tito opponents to Messum P applaud the Ndetigence of the Newport Leach
voter. Why. then do Ihey So easily dismiss your strong thinking that Measure
P is important for our city?
These same opponents on Me Council insisted got your lax dollars be spent
to vanity every skgle ore of ttaa signatwes, fmrc* resisirg your desire
to rote on this Issue. They spas your tax money, $1.03 pet signature,
hoping the effort and your signatures would fall $hat. Ones Ills sand like
a group who is responsive to you7
Measure P wl9 not reduce our cfff's influence on regional boards with
more and more orange Casey cities easily passing their on arm -emit
measures, a YES vote on Measure P keeps Newport Beach firmly In touch
with he resdenits and wits o!het orange Coady chies.
The opporrenta at Measure P are wo fig; Measure P wit affect them. tfappty.
I ensures that they and their amities will be served by a truly representative
government with flesh erurgy. an intimate and recent knowledge of what It
meats to be a dozen of Newport Beach, and an amity to itu gersdp %via"
varied new and old policy options.
Vole 'YES' an Measure P!
ao-AH
s/ Join % Hedges
Council Momter. 1st Oisdct
City d Newport Beach
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Argument in Favor of Measure
This is the long- awaited measure to limit terms of city council members. It applies a
two consecutive, four year -term limit. Presently, there is no limit on council terms
in our city. The measure is relatively mild, since it does not impose a life -time ban;
after eight years in office, a member may sit out a term and run again.
This measure ensures the concept of rotation through office envisioned by the
framers of our form of citizen government. Term limits presently apply to and are
working well at almost all other levels of our government. Can we honestly say
that the position and longevity of a city council member are more indispensable
than that of the President of the United States?
There are two groups who oppose term limits. Elected officials oppose term limits
because they have self - interest in prolonging their stay.* The other group is special
interests who have the most to gain by access to a familiar and friendly face on
whom they have spent a lot of time cultivating a relationship.
One of two things happens to tong - sitting politicians. Because they stay in office too
long, some adopt an "imperialistic" attitude manifested by their notion that they
know what is best for the people. Or they suffer "burn -out" because of the demands
of the job. Either situation results in a decrease in the responsiveness necessary for
your elected official to effectively represent you.
Municipal term limits are working very well for our Orange County sister cities.
Other cities likewise have term limit initiatives on their ballots this year. Term
limits are good for their electorate and term limits will be good for us.
*In contrast, our council has imposed term - limits oil its appointees to city
committees and commissions.
John W. Hedges
Councilmember, 1st District
City of Newport Beach
Janine Gault
Chairperson
Newport Residents to Limit City Council Terms
Jean Watt
Councilmember, 5th District
City of Newport Beach
• •
Rebuttal to Argument in Opposition to Measure __
This summer in just a six week period over 8500 of you signed a grass -roots petition
to place this term -limit measure on the ballot. That is 20% of the electorate in our
city. Every single person signed because he or she is indeed "an involved,
concerned resident concerned about the quality of life in Newport Beach."
The opponents to Measure applaud the intelligence of the Newport Beach
voter. SMhy, then, do they so easily dismiss your strong thinking that Measure —
is important for our city?
These same opponents on the Council insisted that your tax dollars be spent. to
verify every single one of those signatures, fiercely resisting your desire to vote on
this issue. They spent your tax money, $1.03 per signature, hoping the effort and
your signatures would fall short. Does this sound like a group who is responsive to
you?
Measure _ will not reduce our city's influence on regional boards. With more
and more Orange County cities easily passing their own term -limit measures, a YES
vote on Measure — keeps Newport Beach firmly in touch with its residents and
with other Orange County cities.
The opponents to Measure — are wrong; Measure ` will affect them. Happily,
it ensures that they and their families will be served by a truly representative
government with fresh energy, an intimate and recent knowledge of what it means
to be a citizen of Newport beach, and an ability to intelligently review varied new
and old policy options.
Vote "YES" on Measure !
John W. Hedges jean att
Councilmember, 1st District Caunci er, 5th District
City of Newport Beach Ne t Beach
I 1�
Maria L.
Cartpaic�'Foor Utor
rte t Residents il city
Limit
unc 7>?rn s ���
ATTACHMENT B
An Ordinance Clarifying The City Council Term Limit Provisions of the
Charter of the City of Newport Beach
Proposed Ordinance Adding NBMC Chapter 1.30
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, ADDING
CHAPTER 1.32 TO THE NEWPORT BEACH
MUNICIPAL CODE CLARIFYING CHARTER
PROVISIONS PERTAINING TO ELIGIBILITY FOR
ELECTION TO THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH
The City Council of the City of Newport Beach finds and declares as follows:
WHEREAS, on November 3rd, 1992, the City Council submitted to the voters of the City of
Newport Beach an amendment to Section 401 of the Charter of the City of Newport Beach,
creating a limit of two consecutive four -year terms for the office of City Council.
WHEREAS, the purpose of the ordinance codified in this chapter is to clarify the provisions of
Section 401 of the Charter of the City of Newport Beach that pertain to term limits for the office
of City Council and maintain the intent of the Charter provision.
WHEREAS, certain provisions of Section 401 of the Charter of the City of. Newport Beach
related to the eligibility of members of the City Council who have served less than two full
consecutive terms are ambiguous, and it is to the benefit of the City that this portion of Section
401 of the Charter of the City of Newport Beach be clarified by ordinance.
NOW THEREFORE, the City Council of the City of Newport Beach, California HEREBY
ORDAINS as follows:
SECTION 1: Chapter 1.32 is hereby added to the Newport Beach Municipal Code to read as
follows:
Sections:
1.32.010 Intent.
1.32.020 Effect of Serving Partial Term.
Section 1.32.010 Intent.
The intent of this chapter is to clarify the provisions of Section 401 of the Charter of the City of
Newport Beach pertaining to term limits for the office of City Council. Provisions of this
ordinance are a clarification and declaration of existing charter provisions.
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Section 1.32.020 Effect of Serving Partial Term.
A. Effect of leaving office prior to serving a four -year term. Any person elected to a four -
year term on the City Council who assumes office upon certification of the election
results by the City Clerk is deemed to have served his or her full term of office for the
purposes of determining eligibility to serve subsequent terms under Charter section
401. If a council member leaves office prior to the last day of that term for any reason,
he or she shall be deemed to have served a full four -year term of office.
B. Effect of completing a partial vacated term. Any person elected or appointed to serve
less than four years of the remaining portion of a term of office vacated or otherwise left
vacant by a member of the City Council shall remain eligible to serve two additional
consecutive four -year terms of office on the City Council.
C. Effect of serving two consecutive terms. No person who serves two consecutive four -
year terms on the City Council shall be eligible to stand for election to another term on
the City Council until the consecutive nature of that member's service has been broken
by being out of office one four year term.
SECTION: 2: If any section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares that
it would have passed this ordinance and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one to more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption.
SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 22nd day of September, 2009, and adopted on the day
Of 2009, by the following vote, to -wit:
0
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
2
MN
Edward Selich
ATTEST:
By
Leilani Brown, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
David R. Hunt, City Attorney
A09-00491— Proposed Term Limit Ord— Revised (Aftachment B) — 922/2009 Mtg
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