Smart Voter
Orange County, CA November 3, 1998 General
Measure E
Term Limits
City of Los Alamitos

2,169 / 75.4% Yes votes ...... 707 / 24.6% No votes

See Also: Index of all Measures

Infomation shown below: Impartial Analysis | Arguments | Full Text
Shall the Charter of the City of Los Alamitos be amended to add the Section of 501A imposing a limit of three consecutive four year terms on Members of the City Council?
Impartial Analysis from Thomas W. Allen, City Attorney
The Charter of the City of Los Alamitos establishes the eligibility criteria for City Councilmembers. At present there are no limits on the number of terms or years a person may serve as a City Councilmember. The Charter and Government Code Section 57377 provide that the term of office for members of the City Council is four years.

State law authorizes a charter city, such as Los Alamitos, to enact term limits for the members of its city council, so long as the measure is submitted to the voters and approved by a majority of the votes cast. The City Council has proposed Measure E for consideration by the voters establishing term limits to members of the City Council.

If approved by the voters, the measure would: (1) impose a limit of three consecutive terms of office on members of the City Council; and (2) require that any person who had served three consecutive terms of office would not be eligible to serve on the Council again for one year following the end of the person's last term of office.

Occasionally individuals are elected or appointed to complete the remaining term of a councilmember who has vacated the office prior to the end of the term. For the purposes of determining when a partial term of office would be counted as a "term" for the term limit requirements, Measure E provides that a "term" includes service on the Council of 731 consecutive days (generally, two years, one day) or longer. Thus, if a person is appointed or elected to the Council and serves 731 consecutive days or more of the term to which he or she was appointed or elected, that service would count as one of the terms of the three term limit.

Government Code Section 36502 also provides that if a term limit proposal is adopted by the voters of a city, the limits shall apply prospectively only. Measure E implements this state law requirement by providing that the limit on terms of office for members of the City Council applies prospectively only to those terms of office which commence after November 3, 1998, which is the date of the election on Measure E. Thus, the computation of the number of terms served by a Council Member would commence after November 3, 1998, and no terms served prior thereto would be counted.

Once approved by the voters, Measure E could not be repealed or modified except by another vote of the voters of the city.

 
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Arguments For Measure E Arguments Against Measure E
On July 13, 1998 the Los Alamitos City Council approved placement of a proposed Charter Amendment on the November 3, 1998 General Election ballot that would determine whether or not term limits should be imposed on City Councilmembers.

If approved by the voters, this Charter Amendment would: 1.) Limit to three the number of consecutive four-year terms a person could serve on the Los Alamitos City Council; 2.) Require a veteran of three terms on the council to remain out of office for 365 consecutive days before seeking reelection, and 3.) Provide that any person, who is appointed or elected to serve out the unexpired term of a councilmember and who, in this capacity, holds a council seat for 731 days or longer shall be considered to have served the equivalent of one full term.

Persons favoring term limits say that they are needed to level the playing field and encourage greater participation in politics. Persons opposing term limits say that they penalize experience and take away a citizen's right to vote for the candidate of their choice.

In recognition of these two opposing points of view, the Charter Amendment, if approved by the voters, would prevent a councilmember from remaining in office indefinitely, affirm the right of all voters to re-elect councilmembers who have served them well, and enable Los Alamitos to maintain experienced and consistent representation on the many State and regional boards that influence the future of the City.

The Charter Amendment offers the voters of Los Alamitos reasonable options
- the freedom to choose candidates, the opportunity to be represented by experienced councilmembers, and the power to limit their terms of service.

Arguments In Favor Submitted By

s/Ronald Bates, Mayor, City of Los Alamitos
s/Alice B. Jempsa, Councilmember, City of Los Alamitos
s/Marilynn M. Poe, Mayor Pro Tem, City of Los Alamitos
Vote NO to three (4 year) term limits.

Beware of this ballot measure as the wording is such that council persons presently in power will most likely remain in power for 12 more years; and, with only one year rest following the twelfth year of service they will be eligible to be appointed to a vacated seat by those in power for another 12 years.

Most of the present council persons have already served 12 years or longer.

We the people desperately need SERVANTS who willingly are limited to two terms, with one term off before being eligible to compete for another council seat. It is time we said goodbye to CAREER council persons.

Let us elect three new council persons in the November 3rd election and let them construct a proper voter oriented term limit ballot measure. Constructed properly, term limits can be good for the voters.

As a reminder - these CAREER council persons are the very same persons who WITHOUT YOUR VOTE:

  • attempted to impose 12 year term limits by ordinance
  • imposed super/smart street - Katella Avenue High Density Traffic Corridor
  • imposed redevelopment in the early 90's. (Remember the petition drive that forced placement on the ballot, resulting in YOU voting it down.)
  • imposed a utility tax in the early 90's
  • imposed sweeping zoning ordinance amendments (ZOA's) on all commercial properties - without seeking the property owner's opinion or vote.
  • imposing (in concert with the School Board) the locating of the Orange County High School of the Arts (OCHSA) on Bloomfield Avenue between the Middle School and the grade school.
  • Purchased the old post office building with your tax dollars that still sits vacant.

Vote NO on this term limit ballot measure.

Arguments Against Submitted By

s/Bill Daniels
Committee Chairman
(designer of the city seal)
Citizens for Fair Government-Los Alamitos

Text for Measure E
Section 501A of the Charter of the City of Los Alamitos is hereby amended to add the following:

501A. Election of Members; Term Limits.

No person shall serve more than three (3) consecutive terms of office as a member of the City Council. For the purpose of this Section, a "term" shall include service on the Council for any period of seven hundred thirty-one (731) consecutive days or longer.

Any person who has served three (3) consecutive terms as a Member of the City Council shall not be eligible to serve again until the expiration of at least three hundred sixty-five (365) consecutive days after the end of such person's last term of office.

C. The term limits established by this Section shall apply prospectively only to those terms of office which commence on or after November 3, 1998."

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Created: February 16, 1999 18:54
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