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Home My WebLink About01 DECLARING RESULTS OF NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTIONAGENDA REPORT Agenda Item Reviewed: City Manager Finance Director NIA 1 41, MEETING DATE: DECEMBER 4, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: PATRICIA ESTRELLA, CITY CLERK SUBJECT: DECLARING RESULTS OF NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION SUMMARY: On November 6, 2012, the City's General Municipal Election was held to elect three Members of the City Council and to cast ballots regarding Measure HH (Shall an ordinance be adopted repealing Tustin City Code Sections 1303 and 1308(A)-(D), to eliminate City Council Member monthly salary and City Council compensation consisting of participation in the City Medical, Dental Insurance, Life Insurance Programs, and Retirement Benefits?). The Orange County Registrar of Voters has certified the results of that election. RECOMMENDATION: Adopt Resolution No. 12-109 declaring the results and other such matters as provided by law for the November 6, 2012 General Municipal Election. FISCAL IMPACT: None. BACKGROUND: The General Municipal Election for the City of Tustin was held on Tuesday, November 6, 2012, to elect three Members of the City Council for full terms of four years and to cast ballots regarding Measure HH. The returns of the election have been canvassed and certified as follows by the Orange County Registrar of Voters: Page 2 For Member of the City Council with full term of four years, John Nielsen received the highest number of votes, Charles E. "Chuck" Puckett received the second highest number of votes, and Allan Bernstein received the third highest number of votes. Measure HH (Initiative Ordinance, attached) is also adopted and ratified, and shall go into effect ten days after this date. Patricia Estrella City Clerk 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 Tustin City Code sections 1303 "Compensation of Members" and 1308 "Benefits of Members" are hereby repealed in their entirety, consistent with all applicable provisions of state law.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 NO. 12 -109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012, AND OTHER SUCH MATTERS AS PROVIDED BY LAW WHEREAS, the City's General Municipal Election was consolidated with the Statewide General Election held and conducted in the City of Tustin, California, on Tuesday, November 6, 2012, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No 11 -76 adopted October 18, 2011 and Resolution 12 -71 adopted July 17, 2012, the County Election Department canvassed the returns of the election and has certified the results to the City Council. The results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts excluding vote - by -mail ballots and early voting ballots was 12,420; the whole number of vote -by -mail ballots cast (including early voting ballots) in the City was 11,720 making a total of 24,140 ballots cast in the City. SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows: John Nielsen Charles E. "Chuck" Puckett Allan Bernstein Tracy Worley Hagen David Waldram SECTION 3. The measure voted upon at the election is as follows: SHALL AN ORDINANCE BE ADOPTED REPEALING TUSTIN CITY CODE SECTIONS 1303 AND 1308(A) -(D), TO ELIMINATE CITY COUNCIL MEMBER MONTHLY SALARY AND CITY COUNCIL COMPENSATION CONSISTING OF PARTICIPATION IN THE CITY MEDICAL, DENTAL INSURANCE, LIFE INSURANCE PROGRAMS, AND RETIREMENT BENEFITS? YES NO SECTION 4. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are listed in "Exhibit A" attached. SECTION 5. The City Council does declare and determine that: John Nielsen, Charles E. "Chuck" Puckett and Allan Bernstein were elected as Members of the City Council for the full term of four years. SECTION 6. As a result of the election, a majority of the voters voting on the measure relating to elimination of City Council monthly salary and compensation did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified. SECTION 7. That the City Clerk shall enter on the records of the City Council of the City of Tustin a statement of the result of the election showing: 1. The whole number of votes (ballots) case in the City 2. The names of the persons voted for 3. The measure voted upon 4. For what office each person was voted for 5. The number of votes given at each precinct to each person, and for and against the measure 6. The total number of votes given to each person, and for and against the Measure SECTION 8. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; the City Clerk or authorized person shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 9. 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 at a regular meeting of the City Council of the City of Tustin on the 4th day of December, 2012. Mayor PATRICIA ESTRELLA City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Patricia Estrella, 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. 12-109 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 4th day of December, 2012 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PATRICIA ESTRELLA City Clerk CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) 1, Neal Kelley, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below, consolidated with the General Election held on November 6, 2012. CITY OF TUSTIN MEMBER OF THE CITY COUNCIL JOHN NIELSEN 10,724 CHARLES E. "CHUCK" PUCKETT 9,186 ALLAN BERNSTEIN 9,017 DAVID WALDRAM 8,605 TRACY WORLEY HAGEN 8,599 MEASURE HH YES 14,086 NO 6,531 EARLY VOTING BALLOTS CAST: 105 PRECINCT BALLOTS CAST: 12,420 VOTE-BY-MAIL BALLOTS CAST: 11,615 TOTAL BALLOTS CAST: 24,140 I hereby certify that the number of votes cast for each candidate and measure is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 21st day of November, 2012. NEAL KELLEY Reg istfarrof Voters Orange County Exhibit A Orange County Statement of Votes Page 943 of 1851 CITY OF TUSTIN Member, City Council 0071120 0071237 0071236' 0071240 0071241 0071243 0071240" 0071247 0071253 0071258 0071259 0071261 0071262, 0071263 0071264 0071265 0071266 0071267 0071269 0071270 0071284 0071285 0071350 0071354 0071361 0071362 0071368 0071370 0071373 0071378 0071601 0071602 0071603 0071604 0071605 0071606 0071607 0071608 0071609 0071610 0071901 0071902 0071903 0071904 0 N re Gt E m a 008 0 LLAN BERNSTEIN 1174 1104 591 716 738 497 6 17 1037 1053 926 105 1022 829 1306 414 2 912 915 847 750 706 17 1366 858 1202 0 0 69 9 652 762 607' 635 818 721 574 952 320' 83 411 677 513 368 496 1499 1516 850 1434 1063 151 302 1030 395 55 244 64 975 581 613 0 689 198 899 431 788 779 898 808 249 32 127 40 0 74.71% 60.99% 66.85% 84.09% 308 288 217 52.94% 62.87% 72.36% Mp(4' 74.03% 70.55% 69.24% 72.89% 7.29 %: 9 %' 74.23% 56.07% 43.45% 66.13% 7054% 4.71% 71.38% 67.72% 51.00% 0.00% 0.55% 79.92% 59.30% 50.71% 54.95% 73.28% 78.02% 2.61% 78.45% 63.04% 58.18% 52.05% 62.50% 0.00% 0 268 321 214 188 30, 301 188 378 40 3 231 332 203 225 328, 268 192 335 2 218 261 5 298 378 246 257 63 310 227 425 206 178 289 0 261 174 334 26 293 188 136 98 13 2 357 219 213 268 201 108 287 201 171 247 234 175 319 219 249 660 336 230 163 247 220 7 378 268 273 45 251 201 133 80 66 8 296 192 213 0 241' 470 313 129 256 280 312 245 263 70 8 487 341 114 275 297 381' 228 275 92 8 42 22 566 325 128 274 386 382 91 271 82 8 409 594 348 359 151 142 335 388 291 409 259 407 05 300 115 9 57 Totals: 36663 24140 65.84% 9017 9186 8605 10724 8599 Early Voting Totals Orange County Statement of Votes Page 944 of 1851 CITY OF TUSTIN Member, City Council 1st Judicial (Central Cour 37th Senate District 3rd Supenrisoriat Dist 45th Congressional District 68th Assembly District County Board of Education Trustee Area 1 East Orange County Water District Irvine Ranch Water District Irvine Unified School District Municipal Water District Of Orange County Municipal Water District of Orange County Div Orange County Orange County Water Distri Orange County Water District Di Orange County Water District Division 7 Orange Unified School District Orange Unified School District Trustee Area 5 Orange Unified School District Trustee Area 7 Rancchho Santiago Community College District Rancho, Santiago Community College District. Rancho Santiago Community College Distnd: Santa Ana College Imp Dist No. 1 of RSCCD Santa Ana Unified School District School Facilities Improv. Dist. No 2008 -1 School Facilities Improv. Dist, No, 2012 -1 South Orange County Community College Dis South Orange County Community College Dis State Board of Equalization (4th District) Tustin Tustin Unified School District c 0 N 0) 0 0 E a. 6663 v x U ui w r J W < V 0. 40 36663 36663 36663 16351 31 366 36663 36663 36663 189 105 105 105 2 0 0 0 0 0 23590 34233 36629 36629 36663 36663 35263 0 0 62 89 05 0 105 105 92 0.29% 0.24% 0.32% 0.95% 0.29% 0.29% 0.29% 0.30% 0.24% 0.35% 0.00% 0.00% 0.00% 0=00%, 0.00% 0.00% 0.00% 0.00% 0.26% 0.26% 0.29% 0.29% 0.29% 0.29% 0.26% 48 48 48 40 40 40 40 49 49 49 20 26 55 55 55 35 35 35 48 48 48 0 0 0 0 0 0 0 0 0 0 0 24 39 4 48 48 48 40 0 0 23 0 0 30 0 0 22 49 49 42 35 35 0 To 0.29% 40 49 Vote -by -Mail Totals Orange County Statement of Votes Page 945 of 1851 CITY OF TUSTIN Member, City Council 1 st Judicial (Central Court} 37th Senate District 3rd Supervisoriab Districi 45th Congressional District 68th Assembly District County Board of Education Trustee Area 1 East Orange County Water District Irvine Ranch Water District. Irvine Unified School District Municipal Water District Of Orange County Municipal Water District of Orange County Div Orange County Orange County Water Dis Orange County Water District Division 2 Orange County Water District Division 7 Orange Unified School District Orange Unified School District Trustee Area 5 Orange Unified School District Trustee Area 7 Rancho Santiago; Community College District' Rancho Santiago COrnmun4 College District Rancho Santiago'CoMMunity College District Santa Ana College Imp Dist No. 1 of RSCCD Santa Ana Unified School District School Facilities Improv. Dist. No 2008 -1 School Facilities Improv, Dist, No. 2012-1 South Orange County Community College Dis South Orange County Community College Dis State Board of Equalization (4th District) Tustin Tustin Unified School District 0 O E d 2 a 6663 36663' 36663 36663 36663 36663 18031 366 36663 36663 36663 34189. 654 18535 34 17 17 34 17 7 0 0 23590 34233 6629 36629 36663 36663 35263 allots Cast 1 z 0 uj I- _ N U z re Ili W N m < • < 0 -J 0 d 45 0 11615 11615 11615 6s 31 68% 31.68% 31.68% :38%' 11615 11615 11615 31.68% 31.68% 31.68% 2% 20 9 58.82% 52.94% 64.71% 8.82% 71% 0.00% 0.00% 29.23% 1 =1774 a 66% 31.68% 31.68% 31.45% 0 0 6895 11615 11615 11090 4550 4550 4550 4730 4730 4730 3981 3981 3981 721 5515 5515 5515 4313 4313 4730 4730 4730 50 3981 3981 3981 5515 5515 5515 4313 4313 4313 12 5 7 13 5 8 0 0 2687 2958 0 0 35 471 4548 ?';, 471 4550 4550 4356 4730 4730 4585 0 0 2580 3687 78 8 3981 3981 3827 Totals: 36663 11615 31 i 981 0 0 3409 2655 003 4300 4300 4313 4313 4147 0 0 5515 5515 5291 4. Grand Totals Orange County Statement of Votes Page 946 of 1851 CITY OF TUSTIN Member, City Council Judicial (Central Cout 37th Senate District 3rd Supervisorial District 45th Congressional District 68th Assembly District County Board of Education Trustee Area East Orange County Water Distr' irvirie Ranch Water District Irvine unified School Distric Municipal Water District Of Orange County Municipal Water District of Orange County Div Orange County Orange County ‘Natet Orange County Water District Divisio Orange County Water District Divisio Orange Unified School District Orange Unified School District Trustee Area 5 Orange Unified School District Trustee Area 7 Rancho Santiago Communtty College Dis Rancho Santiago Community College District Rancho Santiago Community College District Santa Ana College Imp Dist No. 1 of RSCCD Santa Ana Unified School District School Facilities Improv. Dist. No. 2008 -1 School Facilities Improv. Dist. No. 2012 -1 South Orange County Community College Dis South Orange County Community College Dis State Board of Equalization (4th District) Tustin Tustin Unified School District 0 ca d Q E 2 a 6663 36663 36663 36663 co 40 4140 24140 24140 24140 24140 0154 2748 7 24140 24140 24140 22281 9709 2572 20 9 11 20 36663 36663 36663 189 34 17 17 Z W H N z w Z -J -J S E. "CHUCK" CC U O. 0 J 0 0 9017° 017 017 9017 9017 9017 767 812 7 9017 9017 9017 8258 626 2 2 0 2 65.84% 65.84% 65.84% 62.10 %'. 76.70% 71.38% 65.84% 65.84% 65.84% 65.17% .02% 3% 58.82% 52.94% 64.71 % 58.82°10 0 0 23590 4233 6629 29 36663 36663 35263 0 0 14855 22337 24120 24120 24140 24140 23145 0.00% 0.00% 62.97% 65.25% 65.85%; 65.85% 65.84% 65.84% 65.64% 9186 9186 9186 724 0724 0724 10724 10724 10724 8599 8599 8599 7 247 9186 9186 9186 8466 3659 480 12 3 9 8605 8605 8605 66 77 78 3 2 1 10724 10724 10724 9887 4352 35 12 5 7 8599 8599 8599 7948 3649 4399 13 5 8 0 0 5550 83 015 9017 9017 8658 0 0 5872 8656 9174 174 9186 9186 8927 0 0 5671 018 8602 8602 8605 8605 8283 0 0 6814 0634 0712 10712. 10724 10724 10334 0 0 5345 027' 8586 8586 8599 8599 8290 Totals 244140 65.84% 9017 86 86065' 8599 Orange County Statement of Votes Page 1848 of 1851 HH -City of Tustin u u a 0071120 0071237 0071238 0071240 0071241 0071243 0071246 0071247 0071252 0071253 0071258 0071259 0071261 0071262 0071263 0071264 0071265 0071266 0071267 0071260 0071270 0071284 0071285 0071350 0071354 0071361 0071362 0071368 0071370 0071373 0071378 0071601 0071602 0071603 0071604 0071605 0071606 0071607 0071608 0071609 0071610 0071901 0071902 0071903 0071904 c 0 0) 0) d cc d E m 2 a Ballots Cast 0 HH -City of Tustin O z N - r 74 1104 591 989 983 46 7 1037 1053 926 33 105 1022 829 1306 716 738 497 750 0 6 9 652 762 607 635 8 721 574 952 20 912 915 847 750 706 1366 858 1202 677 513 368 496 498 1r 975 581 613 0 1516 850 1434 302 1030 395 55 244 64 899 431 788 779 685 808 249 32 127 40 60.12% 0.00% 74.71% 60.99% 66.85% 84.09% 52.94% 62.87% 72.36% 65.55% 68.06% 74.03% 70.55% 69.24% 72.89% 77.29% 71,99% 1.25% 74.23% 56.07% 43.45% 66.13% 70,54% 64.71% 71.38% 67.72% 51.00 % 0.00% 0.55% 79.92 °l% 59.30% 50.71% 54.95% 73.28% 78.02% 52.61% 78.45% 63.04% 58.18% 52.05% 62,50% 0.00% 208 217 148 20 0 172 183 85 208 180 193 244 7 372 469 33 20 507 423 280 584 202 208 4 179 134 96 42 271 133 191 536 379 340 05 232 113 222 208 223 213 70 7 29 0 78 768 518 222 475 451 540 408 449 140 19 76 Totals: 36663 24140 65.84% 6531 14086 Early Voting Totals Orange County Statement of Votes Page 1849 of 1851 HH -City of Tustin lst Judicial (Central Court) 37th Senate District 3rd Supervisarial Distric 45th Congressional Distric 68th Assembly District County Board of Education Trustee Area 1 East Orange County Water District Irvine Ranch Water District. Irvine Unified School District Municipal Water District Of Orange County Municipal Water District of Orange County Div Orange County Orange County Water Distract Orange County Water District Division 2 Orange County Water District Division 7 Orange Unified School District Orange Unified School District Trustee Area 5 Orange Unified School District Trustee Area 7 Rancho Santiago Community College District Rancho Santiago Community College District' Rancho Santiago Community College District Santa Ana College Imp Dist No 1 of RSCCD Santa Ana Unified School District School Facilities Improv. Dist. No 2008 -1 School Facilities Improv. Dist, No. 2012 -1 South Orange County Community College Dis South Orange County Community College Dis State Board of Equalization (4th District) Tustin Tustin Unified School District 0 N E 2 663 663 6663 36663 36663 36663 16351 031 366 36663 36663 36663 34189 0 0 HH -City of Tustin 0 z 105 105 105 40 7 105 105 105 34 17 17 0 0 23590 34233 6629 629 36663 36663 35263 0 0 105 105 92 0.29% 0.29% 0.29% 0.29% 0.29% 0.24 %' 0.32 °f 0.95% 0.29% 0.29% 0.29% 0,30% .24% 0.35% 0.00% 0.00% 0.00% .00% 0.00% 0.00% 0.00% 0.26% 0.26% 0.29% 0.29% 0.29% 0.29% 0.26% N r 58 58 58 58 58 58 21 37 37 37 0 0 0 0 0 19 32? 7 7 37 37 34 Totals- 6663 0.29% 7 58 Vote -by -Mail Totals Orange County Statement of Votes Page 1850 of 1851 HH -City of Tustin 37t clal (Central Court nate District 3rd Supetvisorial °Istricl 45th Congressional Distric 68th Assembly District County Board of Education Trustee Area 1 East Orange County Water District Irvine Ranch Water District Irvine Unified School District Municipal Water District Of Orange County Municipal Water District of Orange County Div Orange County Orange. County Water District Orange County Water District Division 2 Orange County. Water District Division 7 Orange Unified School District Orange Unified School District Trustee Area 5 Orange Unified School District Trustee Area 7 Rancho Santiago Community College District Rancho Santiago Community College District' Rancho Santiago Community College District; Santa Ana College Imp Dist No 1 of RSCCD Santa Ana Unified School District School Facilities Improv. Dist. No 2008 -1 School Facilities Improv. Dist, No, 2012 -1 South Orange County Community College Dis South Orange County Community College Dis State Board of Equalization (4th District) Tustin Tustin Unified School District 0 .Q E 2 tC a (663 3666 36663 36663 36663 6351 8031 66 36663 36663 36663 11615 11615 11615 4641 6409 1615 11615 11615 34 17 17 20 9 68% 31.68 %% 31.68% 31.68% 28.38% 35.51% 97% 31.68% 31.68% 31.68% 31.22% 29.34% 32.81% 58.82% 52.94% 64.71% 58,82% 71% 7 0 0 23590 4233 6629 6629 36663 36663 35263 0 0 6895 0670 95i 11615 11615 11090 0.00% 0.00% 29.23% 31.17 %' 31,66% 31.66%' 31.68% 31.68% 31.45% 0 Z 2949 2949 2949 2949 2949 2949 215 7179 7179 179 7179 7179 7179 2909 900 288 7179 7179 7179 2949 2949 2949 2725 4 2 0 2 0 0 1767 2699 2947 947 2949 2949 2812 7163 7163 7179 7179 6875 Totals: 11615 2949 7179 Grand Totals Orange County Statement of Votes Page 1851 of 1851 HH -City of Tustin lst Judicial (Central Court 37th Senate District 3rd Supervisorial District 45th Congressional Distric 68th Assembly District County Board of Education Trustee Area 1 East Orange County Water Disfrict? Irvine Ranch Water District Irvine Unified School District Municipal Water District Of Orange County Municipal Water District of Orange County Div Orange County Orange County Water District Orange County Water District Division 2 Orange County Water District Division 7 Orange Unified School District Orange Unified School District Trustee Area 5 Orange Unified School District Trustee Area 7 Rancho Santiago Community College District Rancho Santiago Community College District Rancho Santiago Community College District Santa Ana College Imp Dist No. 1 of RSCCD Santa Ana Unified School District School Facilities Improv. Dist. No 2008 -1 School Facilities Improv; Dist, No. 2012 -1 South Orange County Community College Dis South Orange County Community College Dis State Board of Equalization (4th District) Tustin Tustin Unified School District 0 N a) E a 663 3 66 36663 36663 36663 6351 31' 6 36663 36663 36663 4189 24140 24140 24140 24140 24140 24140 0154 2748 975 24140 24140 24140 22281 2572 20 9 5. O HH -City of Tustin 0 z 5 65.84% 65.84% 62.10% 70.70% 71.38% 65.84% 65.84% 65.84% 5.17% 2.02% 57.83% 58.82% 52.94% 64.71% 7 0 0 23590 4233 6629 36629 36663 36663 35263 0 0 14855 22337 24120 24120 24140 24140 23145 0.00% 0.00% 62.97% 6i 65.84% 65.84% 65.64% 65 6531 6531 6531 2796 401 271 6531 6531 6531 >- 4086 4086 4086 14086 14086 14086 5961 71 36 4086 14086 14086 2955 751 2 0 2 16 7 9 0 0 4036 6045 6529 6529 6531 6531 6258 0 0 8808 30 4070 1407{ 14086 14086 13534 Totals: 6663 24140 14086