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Discuss Term Limits for Town Council Seatswx F MEETING DATE: 04 -14 -14 ITEM NO: 3 Boa seats COUNCIL AGENDA REPORT DATE: APRIL 10, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGEKgg: /_Ww � SUBJECT: DISCUSS AND PROVIDE DIRECTION, IF ANY, REGARDING TERM LIMITS FOR TOWN COUNCIL SEATS RECOMMENDATION: Discuss and provide direction, if any, regarding term limits for Town Council seats. BACKGROUND: Mayor Steven Leonardis scheduled an item for Council consideration regarding term limits for Town Council seats. This staff report provides background information for this item. At present, the Town of Los Gatos does not have tern limits for elected officials. Town Council members serve four -year terms, and may seek re- election without limit. DISCUSSION: California Government Code section 36502 allows the Town's voters to determine whether Town Council members shall be subject to term limits. Such a decision must be made at a regular Town election and can only apply prospectively (previous terms of re- elected incumbents do not count toward the term limit put in place). A term limit measure may be placed on a ballot as an initiative measure brought forward by citizens or as a Council proposed measure. In 2009, a petition to place a measure on the ballot to establish term limits was circulated, but the petition was rejected due to procedural errors. Staff conducted the attached survey of City Clerks in Santa Clara County to document the existence and details of term limits in other cities in the county. While not all of the details are available for each of the cities, the survey provided the majority of information requested for most of the cities. Of the 14 other cities in the County, 11 have term limits. Gilroy, Morgan Hill and Saratoga do not, although PREPARED BY: PAMELA JACOBS P *d1� ASSISTANT TOWN MANAGER Reviewed by: Assistant Town Manager Attorney PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: DISCUSS AND PROVIDE DIRECTION, IF ANY, REGARDING TERM LIMITS FOR TOWN COUNCIL SEATS APRIL 10, 2014 Saratoga did have an affirmative advisory vote on the matter some years ago, with which elected officials have voluntarily complied since then. All of the cities with term limits except Milpitas allow no more than two consecutive four -year terms. More than half of the cities with term limits allow Council members to seek re- election after a period of time has lapsed (typically two years). Council may discuss if there is interest in establishing tent limits for elected officials in Los Gatos, and, if so, what the specifics of the limitations would be. Council may consider the following options: Option 1: Do nothing. Elected officials would continue to be permitted to seek re- election without limit. Option 2: Place a measure on the ballot to ask voters to decide if term limits should be established. If Option 2 is pursued, Council should provide direction on the following issues: ■ Number of consecutive terms permitted. ■ Treatment of partial terms. ■ Period of time between the limited number of terms before Council members can again run for re- election, if any. If Council directs staff to take the steps necessary to place a measure on the ballot, the next regular election would be November 2014. The last day to file a resolution calling for a measure election is August 8, 2014. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: The costs to add a ballot measure to the November 2014 election is estimated by the Registrar of Voters to be approximately $52,000 depending on the number of pages the measure, plus any arguments and rebuttals (base cost of $16,400, plus approximately $6,000 per page). Attachment: Survey of Santa Clara County Cities Regarding Term Limits SANTA CLARA COUNTY CITIES TERM LIMIT SURVEY City Term Details Limits Campbell Yes Two consecutive terms; re- election possible after 22 months Cupertino Yes Two consecutive terms; maximum time for appointed and elected combined of 10 years and 354 days; re- election possible after four years Gilroy No NA Los Altos Yes Two consecutive terms Los Altos Hills Yes Two consecutive terms; re- election possible after two years Milpitas Yes Three consecutive terms as Mayor or Council member; four consecutive terms if elected Mayor and Council member; re- election possible after two years Monte Sereno Yes Two consecutive terms; re- election possible after two years Mountain View Yes Two consecutive terms Morgan Hill No NA Palo Alto Yes Two consecutive terms San Jose Yes Two consecutive terms Santa Clara Yes Two consecutive terms; re- election possible after two years Saratoga No* NA Sunnyvale Yes Two consecutive terms; re- election possible after two years * In the 1990s, Saratoga voters passed an advisory measure limiting Council members to two consecutive terms; however, there are no mandatory term limits in place. Since then, Council members have voluntarily complied with this advisory measure. THIS PAGE INTENTIONALLY LEFT BLANK