HomeMy WebLinkAboutCC RES 11-76RESOLUTION NO. 11-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA: (1) ORDERING THAT A BALLOT
MEASURE BE PLACED ON THE NOVEMBER 6, 2012
GENERAL ELECTION BALLOT FOR THE PURPOSE OF
SUBMITTING A PROPOSED ORDINANCE TO THE
ELECTORATE ELIMINATING CITY COUNCIL
COMPENSATION, (2) CALLING AND GIVING NOTICE OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 6, 2012, (3) REQUESTING THE
COUNTY OF ORANGE BOARD OF SUPERVISORS TO
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION
WITH THE STATEWIDE GENERAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION,
(4) AUTHORIZING THE COUNTY OF ORANGE ELECTION
DEPARTMENT TO CANVASS THE ELECTION RETURNS,
AND (5) PROVIDING FOR EXPENSES OF THE ELECTION
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. Members of the City Council presently receive a salary of $853.11
per month, and are entitled to participate in the City's health and dental plans, life
insurance, and retirement plan provided contractually through the Public
Employees Retirement System (PERS) pursuant to Tustin City Code sections
1303 and 1308, and
B. The City Council finds and determines that it is appropriate to place
the question to the City's electorate whether these compensation benefits should
be continued for elected City Council members, and
C. Government Code section 36516 permits the question of salary
compensation to be placed before city voters, and
D. Elections Code section 9222 generally permits the City Council to
put issues of legislative actions before city voters,
II. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF TUSTIN:
SECTION 1. That pursuant to the requirements of Government Code
section 56516 and 9222, a General Municipal Election be held on November 6,
2012, for the purpose of presenting a ballot measure to the electorate of the City
of Tustin.
Resolution 11-76
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SECTION 2. That the following ballot measure question shall be
presented to City voters:
"SHALL AN ORDINANCE BE ADOPTED REPEALING TUSTIN YES
CITY CODE SECTIONS 1303 AND 1308(A)-(D), TO ELIMINATE
CITY COUNCIL MEMBER MONTHLY SALARY AND
CITY COUNCIL COMPENSATION CONSISTING OF NO
PARTICIPATION IN THE CITY MEDICAL, DENTAL INSURANCE,
LIFE INSURANCE PROGRAMS, AND RETIREMENT BENEFITS?"
SECTION 3: That the County of Orange Board of Supervisors is hereby
requested to order consolidation of the General Municipal Election with the
Statewide General Election on November 6, 2012, and to issue instructions to the
County of Orange Election Department to take any and all steps necessary for the
holding of the consolidated election.
SECTION 4. The full text of the proposed ordinance repealing City
Council compensation is attached hereto as Exhibit A-1.
SECTION 5. That the ballots to be used at the election shall be in the
form and content as required by law;
SECTION 6. That notice of the time and place of the holding of the
election ballot matter shall be given in accordance with State and local law, and
the City Clerk is authorized, instructed, and directed to give any further or
additional notice of the election, in time, form, and manner as required by law.
SECTION 7. That pursuant to Elections Code section 9282, direct
arguments in favor of and arguments against (not to exceed 300 words) the
proposed measure may be submitted to the City Clerk for transmittal to the
County Elections Department;
SECTION 8. Rebuttal arguments are authorized pursuant to Elections
Code section 9285.
SECTION 9. That pursuant to Elections Code section 9280 the City Clerk
is directed to transmit a copy of the initiative measure to the City Attorney and the
City Attorney is hereby directed to prepare an impartial analysis of the initiative
measure showing the effect of the measure, and shall submit such analysis to
the City Clerk for transmittal to the County Elections Department.
SECTION 10. That the County Elections Department is authorized to
canvass the returns of the election hereby, and that the election shall be held in
all respects as if there were only one election, and only one form of ballot shall
be used.
Resolution 11-76
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SECTION 11. That the City Clerk is hereby directed to file a certified copy
of this Resolution with the Board of Supervisors and the County Election
Department of the County of Orange.
SECTION 12: That the City Council acknowledges and agrees to
payment of the expenses of the election, excluding a separate sample ballot.
SECTION 13: That the Office of the City Clerk is hereby directed to file a
certified copy of this Resolution with the County of Orange Board of Supervisors
and the County of Orange Election Department.
SECTION 14. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 18th day of October, 2011.
ATTEST:
~~ i ;~~
ELA STO R
Ci Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 11-76 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day
of October, 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEM ABSENT:
--~-' r
PA ELA STO R
City Clerk
Amante. Nielsen, Murray (3)
Gavello, Gomez (2)
None (0)
None
(o)
Resolution 11-76
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ATTACHMENT A-1
AN ORDINANCE OF THE CITY OF TUSTIN REPEALING
TUSTIN CITY CODE SECTIONS 1303 AND 1308(a)-(d)
RELATING TO CITY COUNCIL SALARY AND BENEFITS
The people of the City of Tustin hereby ordain as follows:
Section 1. Repeal of City Council Salary and Benefits.
Tustin City Code sections 1303 "Compensation of Members" and 1308 "Benefits
of Members" are hereby repealed in their entirety, consistent with all applicable
provisions of state law.
In the case of retirement benefits, the City Council shall take such administrative
contractual action with the California State Public Employment Retirement System
necessary to implement this ordinance.
City Council members shall not receive any other salary or compensation for
attendance at other City boards or commissions.
Section 2. Effective Date.
This ordinance shall take legal effect pursuant to Elections Code section 9217.
The repeal of City Council salary and benefits shall be effective only with respect to: (1)
new council members upon taking office, and (2) each current incumbent City Council
member at the commencement of his or her next term of office.
Resolution 11-76
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