YORBA LINDA : Law to Be Sought for Council-Term Limit
City officials will seek state legislation to enable Yorba Linda to limit council members to three consecutive terms starting in November, 1992.
In a 3-2 vote Tuesday, the City Council agreed to press ahead with the proposed term limits despite possible legal barriers presented by the state government code. Courts have ruled that state law prohibits some cities from enforcing term limits.
Under the proposed ordinance, also given preliminary approval by the council, members will be limited to three consecutive four-year terms. After a two-year absence, former council members could run for their seats again. Current council members would begin counting their terms when they are next up for reelection.
Councilman John M. Gullixson, who proposed the term limits, said it will be up to state legislators whether to introduce a bill that will change the code for Yorba Linda or for cities statewide.
“It could go either way,” Gullixson said. “It depends on how the Legislature wants to frame the amendment.”
Gullixson said he found “overwhelming support” for the idea of term limits when he campaigned for the council last fall.
Proponents have argued that the term limits will ensure that the council does not become lackluster or out of touch with constituents. They also say that the support of Proposition 140, which will limit the terms of state legislators, makes it more likely that state Assembly and Senate members would be receptive to changing the state code.
If not, Yorba Linda might have to become a charter city, in which local governments are “home-rule” bodies and have broader authority. A state trial court has ruled that charter cities can impose term limits, but that decision is being appealed.
Councilmen Henry W. Wedaa and Irwin M. Fried, who voted against the proposal, have argued that it could restrict quality people from serving on the City Council.
“The mere passage of time doesn’t make me a better or worse councilman,” Fried said after the meeting. “If I’m bad, I never should have been reelected. Time doesn’t change my effectiveness.”
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