Ruling Fuels Drive for Term Limits in O.C.

By DAVAN MAHARAJ

March 10, 1992 12 AM PT

TIMES STAFF WRITER

The U.S. Supreme Court’s decision not to tackle legislative term limits boosted prospects for a batch of similar ballot measures that are expected to reach voters this year in at least four Orange County cities.

“It’s fantastic,” said Dana Point Mayor Mike Eggers of Monday’s ruling. “I consider it great news. It means Dana Point’s June ballot measure is legally defensible, which I felt was the case all along.”

Leaders in three other cities--Yorba Linda, Orange and Anaheim--said they plan to use the court’s decision to bolster their argument that elected local officials should be subjected to similar term limits.

Seven cities in the county already have two-term limits. They are Cypress, Huntington Beach, Irvine, La Palma, Santa Ana, Seal Beach and Villa Park. Except for Cypress, which bans a council member from running again after serving two terms, all the others will allow council members to seek reelection after waiting two years.

Term limits have been in effect in some Orange County cities for almost two decades, but mounting voter resentment at how long incumbents stay in office has spread to neighboring cities.

Leaders of the anti-incumbent drives say they plan to use the Supreme Court ruling to squelch opponents’ arguments that term limits for local officials are not legal.

Councilman Mike Spurgeon, who has strongly advocated term limits for officeholders in Orange, said the ruling makes certain that “nobody will be able to use as a crutch” the idea that term limits are unconstitutional.

“We don’t want to deprive voters of the right to vote for the official they may choose,” Spurgeon said. “But nobody buys the fact that there’s nobody good enough out there to replace the incumbents.”

Other members of the Orange City Council reacted positively to the ruling.

“I’m glad to see the courts uphold the will of the people, which has been clearly stated for some time and is long overdue,” Councilman William G. Steiner said.

Last month, the Orange City Council directed City Atty. Robert O. Franks to investigate whether Orange, a general law city, could legally adopt a term-limit ordinance. Franks is expected to report to the council by mid-May.

A term-limit law in Orange would significantly affect the city’s political establishment.

Orange has a history of entrenched council members. In fact, former Mayor Don E. Smith served 25 years and was the longest-serving elected official in the county before retiring in 1990.

If reelected this fall, Orange Councilman Fred L. Barrera will begin his 20th year. Current Mayor Gene Beyer has already served 12 years on the council.

Beyer acknowledged Monday that he would be without a job if term limits were enacted. He said he supports term limits for local officials but remained skeptical about their effectiveness.

“I think the (court decision) is talking more about some of these state legislators who are in their 25th or 40th year, and you don’t see that on a City Council,” he said.

In Yorba Linda, officials said the court’s ruling will support their argument that residents should be allowed to vote on a term-limit measure in November.

Mayor Pro Tem John M. Gullixson said some council members had opted for voters to cast an “advisory vote” on a November ballot, adding that he would push for “an absolute vote instead.”

Gullixson pointed out that some council members past and present have served for years. Former Mayor Henry Wedaa has served 21 years on the council, while current Mayor Irwin M. Fried is completing his 16th year, Gullixson said.

“If you can limit the President of this country to (two) terms, then you can limit everyone from councilman to dog catcher,” he said.

Fried, who is an attorney, said he believes that term limits are appropriate for elected state officials, but that he would oppose any limits for council members.

“The passage of time doesn’t make me a better or worse councilman than when I first started,” Fried said. “If voters don’t agree or share my vision of the city, they have that right to vote me out of office. That’s the best term limit.”

Anaheim City Atty. Jack L. White said the City Council is expected to consider term-limit measures next month and could place them on the ballot in November.

The call for term limits in Dana Point was trumpeted by Eggers, who said the city should heed voter resentment toward longtime council incumbents.

Voters will get a chance on June 2 to decide whether to limit members of the City Council to two consecutive terms.

“Term limits at the local and state level are positive because they stop the political damming-up process that keeps good people from moving up,” Eggers said. “It gives us new rungs on the ladder that were not accessible before. Term limits give everyone an equal opportunity to serve the people.”

Times correspondents Len Hall, Mary Helen Berg and Terry Spencer contributed to this report.

Municipal Term Limits

Seven cities in Orange County now place term limits on members of their city councils. Others are considering such a step. Here’s the situation in each city:

City & Policy

Anaheim: No limits now, but considering them. Issue comes before the City Council April 7.

Brea: No limits now and not discussing them.

Buena Park: No limits now and not discussing them.

Costa Mesa: No limits now and not discussing them.

Cypress: Limits in force; City Council members may serve two four-year terms.

Dana Point: Measure goes before voters June 2; would limit council members to eight years (two consecutive terms of four years each).

Fountain Valley: No limits now and not discussing them.

Fullerton: No limits now and not discussing them.

Garden Grove: No limits now and not discussing them.

Huntington Beach: Limits in force; City Council members may not seek reelection after two consecutive four-year terms. May run again after two years off.

Irvine: Limits in force; City Council members may hold two consecutive four-year terms; the mayor two consecutive two-year terms.

La Habra: No limits now and not discussing them.

La Palma: Limits in force since 1982; City Council members may serve two consecutive four-year terms.

Lake Forest: No limits now and not discussing them.

Laguna Beach: No limits now and not discussing them.

Laguna Niguel: No limits now, but some residents have expressed an interest in establishing them in first city election, to be held this fall.

Los Alamitos: No limits now and not discussing them.

Mission Viejo: No limits now and not discussing them.

Newport Beach: No limits now and not discussing them.

Orange: No limits, but considering them.

Placentia: No limits now and not discussing them.

San Clemente: No limits now and not discussing them.