|(Oct. 12, 2018, 11:10 p.m.) -- Shortly after closing time on Oct. 11, smash/grab thieves entered the Sam's Club ELB Towne Center location (Carson St. west of the 605 freeway), headed to its jewelry section and did what you see below in stealing multiple items:
LBPD says the thieves fled in a waiting vehicle. LBPD is investigating.
CA Government Code section 36502(b) (effective Jan. 1, 1996) states:
...(b) Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision.
Accordingly, we asked the City Attorney's office if BBB passes, would incumbent Council members and the Mayor qualify for three more terms (12 more years) in addition to the terms they've already served?
On Oct. 8, the City Attorney's office released the following statement:
[City Attorney Oct. 8 statement]
Since lawyers can and do disagree (for a living), we sought second opinions. We sought out attorneys practicing in the area of CA election law and law school professors with expertise in the area. To date, we've been unsuccessful in obtaining comments/opinions from either group for publication.
With or without second opinions, if voters approve BBB, the question of whether Measure BBB allows LB's incumbent Mayor/Councilmembers four more years -- or twelve more years -- may ultimately end up decided by a judge or panel of appeals court judges. If that happens, the outcome may or may not be consistent with what the City Attorney says, or attorney Schipske says, or what voters intend.
However it is clear that by its terms, Measure BBB would replace LB's current two-term limit law, a 1992 petition-initiated measure, amended by voters in 2007, that currently limits LB's Mayor/Councilmembers to two terms but gives voters the choice of re-electing incumbents beyond two terms via a qualifying write-in.
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