HomeMy WebLinkAboutAgenda Packet - December 6, 1993 - CC Iti
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MEMORANDUM
TO: Mayor and City Council VIA FACSIMILE
FROM: City Attorney
RE: Term Limitations for Elected Officials
DATE: December 6, 1993
The agenda for December 6, 1993 reflects a Council oral item to discuss term
limitations for elected officials. Without presuming that the intent is to discuss term limitations
for City Council, it is nevertheless useful to point out the current state of the law.
In Steinkamp v. Teglia(1989)210 Cal.App.3d 402,258 Cal.Rptr. 265,the Court
struck down a City Ordinance of the City of South San Francisco that would have excluded a
couci{member from serving a third consecutive term. The court held that the qualifications of
office seekers had been preempted by the State.
This result was followed more recently in Polis v. City of La Palma, (1992) 10
Cal.App.4th 25, 12 Cal.Rptr.2d. 322, a case where the term limitation had been adopted as a
voter initiative. This result is identical to the result in the case of Younger v. board of
Supervisors (1979) 93 Cal.App.3d 864 where the Court overturned a voter-approved County
Charter amendment in San Diego County.
I hope that the foregoing is useful to your. If there are any further questions
regarding the above, please feel free to call upon me.
cc: City Administrator
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Honorable City Council
August 13 , 1993
Page 6
CONCLUSION
For the reasons set forth above, I do not believe there
is sufficient evidence before the City Council which would
justify a finding different from the Planning Commission as to
compliance with conditions of the CUP and, consequently, at this
time there would not appear to be sufficient evidence on which to
base a revocation of the CUP.
Very truly yours,
l 4
RICHARD R. TERZIAN
RRT:wpc
cc: Henry Barbosa, City Attorney
Henry Garcia, City Manager