Ord. No. 2022-04. AN ORDINANCE OF THE CITY OF AMERICAN CANYON AMENDING THE AMERICAN CANYON MUNICIPAL CODE ADDING SECTION 2.04.120 TO ESTABLISH TERM LIMITS FOR THE MAYOR AND MEMBERS OF THE AMERICAN CANYON CITY COUNCIL.

Adopted by Vote of Electors June 7, 2022

BACKGROUND

1. On December 21, 2021, at a duly noticed meeting, the City Council considered and discussed the option of mayor and councilmember term limits for the City of American Canyon which included public comment.

2. On December 21, 2021, at a duly noticed meeting, the City Council directed the preparation of a ballot measure and related actions to establish term limits for the mayor and members of the city council.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. Term Limits

Pursuant to Government Code section 36502, subdivision (b) and subject to the approval of a majority of the voters of the City of American Canyon, the American Canyon Municipal Code is hereby amended to add 2.04.120, Term Limits to read as follows:

Section 2.04.120 - Term Limits

a. No person shall be eligible to serve as mayor for more than three (3) four-year terms following the adoption of this ordinance. The current incumbent is given credit for having served one term. Notwithstanding the foregoing, any person who is appointed or elected to fill a vacant office as mayor for the balance of a four-year term, but serves less than two years in that office, shall be eligible for nomination, and election for three (3) four-year terms thereafter.

b. No person shall be eligible to serve as councilmember for more than three (3) four-year terms following the adoption of this ordinance. Current incumbents are given credit for having served one term. Notwithstanding the foregoing, any person who is appointed or elected to fill a vacant office as councilmember for the balance of a four-year term, but serves less than two years in that office, shall be eligible for nomination, and election for three (3) four-year terms thereafter.

c. The three (3) four-year terms in office as mayor are not required to be consecutive and may be an aggregate of three (3) four-year terms. Any person who resigns or is removed from office during a term shall be deemed to have served a full term.

d. The three (3) four-year terms in office as councilmember are not required to be consecutive and may be an aggregate of three (3) four-year terms. Any person who resigns or is removed from office during a term shall be deemed to have served a full term.

e. The phrase "two years" as used in subsections A and B of this section shall mean the period between the date of the declaration of the results of any primary election held in June of an even-numbered year and the date of the declaration of the results of any primary election held in June of any immediately preceding or immediately succeeding even-number year, even though such period may be more or less that an actual period of two years.

Section 2. Effective Date. This Ordinance shall take effect immediately, upon approval by a simple majority of the voters voting on the question at the June 7, 2022 election and shall apply retroactively with the current incumbents credited for having already served one term.

Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.

Section 4. Publication. The City Clerk of the City of American Canyon is hereby directed to publish this Ordinance, or the title hereof as a summary, pursuant to state statue, once within fifteen (15) days after its passage in a newspaper of general circulation published in the City of American Canyon.

Adopted by a vote of electors on June 7, 2022.

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Leon Garcia, Mayor