City of San Juan Capistrano Agenda Report

12/6/2016 F2a City of San Juan Capistrano Agenda Report TO: FROM: SUBMITTED BY: Honorable Mayor and Members of the City Council %e'n Siegel, City Manager Maria Morris, City Clerk~~ DATE: December 6, 2016 SUBJECT: Consideration of City Council Term Limits RECOMMENDATION: Provide direction regarding whether to move forward with process to establish City Council term limits. EXECUTIVE SUMMARY: At its October 4, 2016, meeting, the City Council directed staff to research and bring back options for City Council term limits. During this discussion, the City Council expressed interest in receiving information regarding options for two and three consecutive terms, of four years each; election timelines to add a ballot measure; and, the election costs associated with a ballot measure. DISCUSSION/ANALYSIS: Virtually all California cities with term limits set either a two- or three-term limit. Further, while most cities establish lifetime term limits (i.e., the Council Member is permanently "termed out" after the limit is reached) others set a term limit after which a Council Member must wait before seeking reelection (a so-called "cooling off" period). The table below outlines which cities in South Orange County have established term limits, the number of consecutive terms allowed, and whether they have a "cooling off" period or not. SOUTH COUNTY CITIES TERM LIMITS COOLING OFF PERIOD Aliso Viejo No Term Limits N/A Dana Point Two (2) consecutive terms Two (2) years Laguna Beach No Term Limits N/A Laguna Hills Two (2) consecutive terms Two (2) years Laguna Niguel Two (2) consecutive terms Two (2) years Laguna Woods No Term Limits N/A Lake Forest Three (3) consecutive terms Two (2) years Mission Viejo Three (3) consecutive terms One (1) year Rancho Santa Margarita No Term Limits N/A City of San Clemente No Term Limits N/A

City Council Agenda Report December 6, 2016 Page 2 of 3 State law requires all term limit measures to be "prospective." This means that a term limit measure may only apply to Council terms that start either at the same time or in the future. For example, the remaining term of a mid-term Council member in 2018 (elected in 2016) may not count toward the limit. Timeline to place a measure on a ballot: Under State law, a term limit measure requires majority voter approval. Further, a term limits measure may only be voted upon at either the June Statewide Primary Election or the November Statewide General Election (California Government Code 36502(b)). Therefore, the next dates available for such an election will be June 5, 2018, and November 6, 2018. Because a term limits measure requires voter approval, the State Elections Code rules for local measures apply. Placing such a measure on the ballot may be done by either a citizens' initiative petition, signed by least 10% of the City's registered voters, or by vote of the City Council. The deadline for the Council to place a measure on the ballot is 88 days prior to the election (March 9, 2018, for the June election and August 10, 2018, for the November election). Once the measure is placed on the ballot, the Elections Code authorizes the City Attorney to prepare an impartial analysis of the measure and interested persons will be authorized to write arguments for and against the measure, both of which would appear in the voter information guide. Possible Measure(s) for Consideration: Attached are two alternative resolutions in order to place a term limits measure on the November 6, 2018, ballot (Attachments 1 and 2). Staff notes that most cities schedule term limits elections to coincide with their Council elections, so a November election date is provided. However, if the City Council's preference is to place the measure on the June 2018, election, staff can make the appropriate edits. Both resolutions are fundamentally the same document and contain the City Council findings required under the Elections Code to place a local term limits measure on the ballot. The only significant difference between the two is that one sets a two-term limit and the other sets a three-term limit. Both measures are currently written as lifetime term limits since this is the most common form of term limit in California. However, if the City Council wishes to alternatively propose a term limit with a "cooling off" period between sets of terms, staff can make the appropriate edits.

City Council Agenda Report December 6, 2016 Page 3 of 3 FISCAL IMPACT: The estimated cost to place a Measure on the November 6, 2018, Statewide General Municipal Election is as follows: General Municipal Election Cost: $22,756- $28,963 City Council Term Limit Measure: $8,500 Total: $31,256-$37,463 Under this alternative, the additional cost of the term limits measure is approximately $8,500. The estimated cost to place a Measure on the June 5, 2018, Statewide Primary Election is as follows: Consolidated Election Cost: $28,963- $37,238 City Council Term Limit Measure: $8,500 Total: $37,463- $45,738 Under this alternative, the cost is approximately $37,463 - $45,738, since the City would not ordinarily incur any costs for a Primary Election absent other local ballot measures. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: At its October 4, 2016, meeting, the City Council directed staff to bring back term limit options for City Council Members. COMMISSION/COMMITIEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not go through the Commission review process. NOTIFICATION: Not applicable. A TI ACHMENT(S): Attachment 1 - Draft/Sample Resolution submitting to the voters a two-term limit Attachment 2 - Draft/Sample Resolution submitting to the voters a three-term limit

RESOLUTION NO. 16-_-_- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF SAN JUAN CAPISTRANO AN ORDINANCE ESTABLISHING A TWO-TERM LIMIT ON CITY COUNCIL SERVICE, AT THE REGULAR MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 6, 2018 WHEREAS, the City of San Juan Capistrano is governed by a five-member elected City Council, whose members are generally elected in November of even-numbered years and serve staggered four-year terms; and WHEREAS, the City of San Juan Capistrano does not currently limit the number of terms an individual may serve on the City Council; and WHEREAS, pursuant to California Elections Code Section 9222, the City Council is authorized and desires to submit to the voters a measure which would establish a two-term limit on City Council service; and WHEREAS, pursuant to California Government Code Section 36502(b), a term limit measure must be approved by a majority of City voters at an election which must be consolidated with either the Statewide Primary Election or Statewide General Election (June and November of even-numbered years); and WHEREAS, pursuant to City Municipal Code Section 2-4.201 and the laws of the State of California, the City is scheduled to hold a general municipal election on November 6, 2018 for the purpose of electing three members of the City Council to new four-year terms; and WHEREAS, the City Council also desires to consolidate the election for the Ordinance/Ballot Measure described herein with the General Municipal Election/Statewide General Election to be held on November 6, 2018; and WHEREAS, the specific language of the two-term limit measure is provided in the attached ordinance to be considered by the qualified voters (Exhibit "A" - the "Ordinance") and by this reference is made an operative part hereof. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: Section 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof. Section.f.. Submission of Ballot Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code Section 9215, hereby orders the Ordinance attached hereto as Exhibit "A" to be submitted to the qualified voters of the City at the General Municipal Election to be held and consolidated with the Statewide General Election on Tuesday, November 6, 2018. The proposed Ordinance shall be in the form attached hereto as Exhibit "A" to this Resolution and is incorporated by this reference as if fully set forth herein. 1 ATTACHMENT 1

Section 3. Ballot Measure. The City Council, pursuant to its right and authority, does hereby order that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the election to be held at the General Municipal Election to be consolidated with the Statewide General Election on Tuesday, November 6, 2018, in addition to any other matters required by law, there shall be printed substantially the following: "Shall an ordinance be adopted by the City of San Juan Capistrano to establish a two-term limit on City Council service?" YES NO Section 1. Election Procedures. A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 6, 2018, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 1 0418. B. The ballots to be used at the election shall be in the form and content as required by law. C. In accordance with Section 10002 of the Elections Code, the Board of Supervisors of Orange County is hereby requested to consent to having the Registrar of Voters render such election services to the City of San Juan Capistrano as may be requested by the City Clerk of said City, the County of Orange to be reimbursed in full for such services as are performed. D. The election services which the City of San Juan Capistrano requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and polling place cards; the establishment or appointment of precincts, polling places, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of San Juan Capistrano; and the performance of such other election services as may be requested by the City Clerk. E. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. F. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of

the Elections Code of the State of California. G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City. H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law. I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters. J. The Orange County Registrar of Voters is hereby authorized to canvass the returns of said election. K. The City Clerk of the City of San Juan Capistrano shall receive the canvass as it pertains to the election on the Measure, and shall certify the results to the City Council, as required by law. Section. Arguments and Impartial Analysis. A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including, 201_, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters. C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the ballot pamphlet along with the ballot Measure as provided by law. The impartial analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold

type, the following: "The above statement is an impartial analysis of Ordinance or Measure. If you desire a copy of the ordinance or measure, please call the election official's office at (insert phone number) and a copy will be mailed at no cost to you." Section. Rebuttals. A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Measure which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than, 201_. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. B. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. C. That the provisions herein shall apply only to the election to be held on November 6, 2018, and shall then be repealed. Section z. Placement on the Ballot. The full text of the Ordinance/Measure shall be printed in the voter pamphlet, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Ordinance/Measure at no cost, upon request made to the City Clerk. Section.. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Ordinance/Measure attached hereto as Exhibit "A", to the Clerk of the Board of Supervisors of Orange County and to the Registrar of Voters of Orange County. Section ~- CEQA. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, Section 15378(b)(5). Section 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED, this day of, 201_. -----------~MAYOR ATTEST: MARIA MORRIS, CITY CLERK

EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 2-4.401 (ARTICLE 4) TO CHAPTER 4 OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE ESTABLISHING A TWO-TERM LIMIT ON CITY COUNCIL SERVICE. NOW THEREFORE, THE PEOPLE OF THE CITY OF SAN JUAN CAPISTRANO DO ORDAIN AS FOLLOWS: SECTION 1. Subject to the approval of a majority of the voters of the City of San Juan Capistrano, Section 2-4.401 (Article 4) is hereby added to Chapter 4 of Title 2 of the San Juan Capistrano Municipal Code and shall read as follows: "Article 4. Term Limits on Elected Service. Sec. 2-4.401 City Council Term Limit. (A) During her or his lifetime, a person may serve no more than two terms as a member of the San Juan Capistrano City Council. (B) For purposes of this Section, "term" shall mean any of the following : (1) An entire four-year term of service which was voted upon at any General Municipal Election, commencing with the November 6, 2018 General Municipal Election. (2) An entire four-year term of service for which the person was appointed to the City Council in lieu of a General Municipal Election, pursuant to California Elections Code Section 10229, commencing with any appointment in lieu of the November 6, 2018 General Municipal Election. (3) An elected or appointed four-year term that terminates early due to any of the following: (a) a Councilmember's seat is declared vacant during that term, for any reason other than resignation (see paragraph (4) below)); (b) term; a Councilmember is recalled from office by the voters during that (c) A Councilmember has legally forfeited his or her elected office under applicable Federal or State law during that term. (4) If a person vacates a Council seat due to resignation: (a) If the resignation occurs with more than two years remaining in the person's current term, this shall not count as a "term" against the twoterm limit.

(b) If the resignation occurs with two years or less remaining in the person's current term, this shall count as a "term" against the two-term limit. (C) For purposes of this Section, "term" shall not mean any of the following: (1) The unexpired portion of a four-year term which was voted upon at the General Municipal Election of November 8, 2016. (2) The unexpired portion of a four-year term which was filled by appointment in lieu of the November 8, 2016 General Municipal Election, pursuant to California Elections Code Section 10229. (3) The unexpired portion of a term to which a person has been appointed or specially elected in order to fill a vacancy on the City Council pursuant to California Government Code Section 36512. (D) No person who has already served two terms as a member of the City Council may be appointed to serve on the City Council, whether said appointment is in lieu of a General Municipal Election, pursuant to California Elections Code Section 10229, or to fill a vacancy on the City Council pursuant to California Government Code Section 36512. (E) No person who has already served two terms as a member of the City Council may run for special election to fill a vacancy on the City Council pursuant to California Government Code Section 36512." SECTION 2. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid. SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of San Juan Capistrano which are in conflict with any provision of this Ordinance. SECTION 4. This Section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at an election legally called for that purpose. SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of San Juan Capistrano voting at a General Municipal Election to be held on November 6, 2018, and shall take effect ten (1 0) days after the City Council has certified the results of the General Municipal Election by resolution. SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 8, 2016, by signing where indicated below. I hereby certify that the foregoing Ordinance was PASSED AND ADOPTED by the people of the City of San Juan Capistrano on the 6 1 h day of November, 2018.

Dated:, MAYOR ATTEST: MARIA MORRIS, CITY CLERK

RESOLUTION NO. 16-_-_- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF SAN JUAN CAPISTRANO AN ORDINANCE ESTABLISHING A THREE-TERM LIMIT ON CITY COUNCIL SERVICE, AT THE REGULAR MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 6, 2018 WHEREAS, the City of San Juan Capistrano is governed by a five-member elected City Council, whose members are generally elected in November of even-numbered years and serve staggered four-year terms; and WHEREAS, the City of San Juan Capistrano does not currently limit the number of terms an individual may serve on the City Council; and WHEREAS, pursuant to California Elections Code Section 9222, the City Council is authorized and desires to submit to the voters a measure which would establish a three-term limit on City Council service; and WHEREAS, pursuant to California Government Code Section 36502(b), a term limit measure must be approved by a majority of City voters at an election which must be consolidated with either the Statewide Primary Election or Statewide General Election (June and November of even-numbered years); and WHEREAS, pursuant to City Municipal Code Section 2-4.201 and the laws of the State of California, the City is scheduled to hold a general municipal election on November 6, 2018 for the purpose of electing three members of the City Council to new four-year terms; and WHEREAS, the City Council also desires to consolidate the election for the Ordinance/Ballot Measure described herein with the General Municipal Election/Statewide General Election to be held on November 6, 2018; and WHEREAS, the specific language of the three-term limit measure is provided in the attached ordinance to be considered by the qualified voters (Exhibit "A" - the "Ordinance") and by this reference is made an operative part hereof. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: Section 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof. Section.2,. Submission of Ballot Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code Section 9215, hereby orders the Ordinance attached hereto as Exhibit "A" to be submitted to the qualified voters of the City at the General Municipal Election to be held and consolidated with the Statewide General Election on Tuesday, November 6, 2018. The proposed Ordinance shall be in the form attached hereto as Exhibit "A" to this Resolution and is incorporated by this reference as if fully set forth herein. 1 ATTACHMENT 2

Section 3. Ballot Measure. The City Council, pursuant to its right and authority, does hereby order that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the election to be held at the General Municipal Election to be consolidated with the Statewide General Election on Tuesday, November 6, 2018, in addition to any other matters required by law, there shall be printed substantially the following: "Shall an ordinance be adopted by the City of San Juan Capistrano to establish a three-term limit on City Council service?" YES NO Section~. Election Procedures. A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 6, 2018, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 1 0418. B. The ballots to be used at the election shall be in the form and content as required by law. C. In accordance with Section 10002 of the Elections Code, the Board of Supervisors of Orange County is hereby requested to consent to having the Registrar of Voters render such election services to the City of San Juan Capistrano as may be requested by the City Clerk of said City, the County of Orange to be reimbursed in full for such services as are performed. D. The election services which the City of San Juan Capistrano requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and polling place cards; the establishment or appointment of precincts, polling places, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of San Juan Capistrano; and the performance of such other election services as may be requested by the City Clerk. E. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. F. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of 2

the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City. H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law. I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters. J. The Orange County Registrar of Voters is hereby authorized to canvass the returns of said election. K. The City Clerk of the City of San Juan Capistrano shall receive the canvass as it pertains to the election on the Measure, and shall certify the results to the City Council, as required by law. Section. Arguments and Impartial Analysis. A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including, 201_, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters. C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the ballot pamphlet along with the ballot Measure as provided by law. The impartial analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not 3

printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 1 0-font bold type, the following: "The above statement is an impartial analysis of Ordinance or Measure. If you desire a copy of the ordinance or measure, please call the election official's office at (insert phone number) and a copy will be mailed at no cost to you." Section.. Rebuttals. A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Measure which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than, 201_. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. B. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. C. That the provisions herein shall apply only to the election to be held on November 6, 2018, and shall then be repealed. Section z. Placement on the Ballot. The full text of the Ordinance/Measure shall be printed in the voter pamphlet, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Ordinance/Measure at no cost, upon request made to the City Clerk. Section.. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Ordinance/Measure attached hereto as Exhibit "A", to the Clerk of the Board of Supervisors of Orange County and to the Registrar of Voters of Orange County. Section ~. CEQA. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, Section 15378(b )(5). Section.1Q. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. 4

Section 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED, this day of, 201_. --------------~ MAYOR ATTEST: MARIA MORRIS, CITY CLERK 5

EXHIBIT"A" ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 2-4.401 (ARTICLE 4) TO CHAPTER 4 OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE ESTABLISHING A THREE-TERM LIMIT ON CITY COUNCIL SERVICE. NOW THEREFORE, THE PEOPLE OF THE CITY OF SAN JUAN CAPISTRANO DO ORDAIN AS FOLLOWS: SECTION 1. Subject to the approval of a majority of the voters of the City of San Juan Capistrano, Section 2-4.401 (Article 4) is hereby added to Chapter 4 of Title 2 of the San Juan Capistrano Municipal Code and shall read as follows: "Article 4. Term Limits on Elected Service. Sec. 2-4.401 City Council Term Limit. (A) During her or his lifetime, a person may serve no more than three terms as a member of the San Juan Capistrano City Council. (B) For purposes of this Section, "term" shall mean any of the following : (1) An entire four-year term of service which was voted upon at any General Municipal Election, commencing with the November 6, 2018 General Municipal Election. (2) An entire four-year term of service for which the person was appointed to the City Council in lieu of a General Municipal Election, pursuant to California Elections Code Section 10229, commencing with any appointment in lieu of the November 6, 2018 General Municipal Election. (3) An elected or appointed four-year term that terminates early due to any of the following: (a) a Councilmember's seat is declared vacant during that term, for any reason other than resignation (see paragraph (4) below)); (b) term; a Councilmember is recalled from office by the voters during that (c) A Councilmember has legally forfeited his or her elected office under applicable Federal or State law during that term. (4) If a person vacates a Council seat due to resignation: (a) If the resignation occurs with more than two years remaining in the person's current term, this shall not count as a "term" against the threeterm limit. 6

(b) If the resignation occurs with two years or less remaining in the person's current term, this shall count as a "term" against the three-term limit. (C) For purposes of this Section, "term" shall not mean any of the following : (1) The unexpired portion of a four-year term which was voted upon at the General Municipal Election of November 8, 2016. (2) The unexpired portion of a four-year term which was filled by appointment in lieu of the November 8, 2016 General Municipal Election, pursuant to California Elections Code Section 10229. (3) The unexpired portion of a term to which a person has been appointed or specially elected in order to fill a vacancy on the City Council pursuant to California Government Code Section 36512. (D) No person who has already served three terms as a member of the City Council may be appointed to serve on the City Council, whether said appointment is in lieu of a General Municipal Election, pursuant to California Elections Code Section 10229, or to fill a vacancy on the City Council pursuant to California Government Code Section 36512. (E) No person who has already served three terms as a member of the City Council may run for special election to fill a vacancy on the City Council pursuant to California Government Code Section 36512." SECTION 2. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid. SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of San Juan Capistrano which are in conflict with any provision of this Ordinance. SECTION 4. This Section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at an election legally called for that purpose. SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of San Juan Capistrano voting at a General Municipal Election to be held on November 6, 2018, and shall take effect ten (1 0) days after the City Council has certified the results of the General Municipal Election by resolution. SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 8, 2016, by signing where indicated below. 7

I hereby certify that the foregoing Ordinance was PASSED AND ADOPTED by the people of the City of San Juan Capistrano on the 6 1 h day of November, 2018. Dated: ----------, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 8