HomeMy WebLinkAboutCC RES 94-088 RESOLUTION NO. 94-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF TUST!N, CALIFORNIA: (1) CALLING A SPECIAL
MUNICIPAL ELECTION FOR NOVEMBER 8, 1994; (2)
4 REQUESTING THE COUNTY BOARD OF SUPERVISORS TO
ORDER CONSOLIDATION OF THE SPECIAL MUNICIPAL
s ELECTION WITH THE STATEWIDE GENERAL ELECTION
ON NOVEMBER 8, 1994; (3) AUTHORIZING THE
~' 6 COUNTY BOARD OF SUPERVISORS TO CANVASS THE
~ ELECTION RETURNS; AND (4) PROVIDING FOR THE
7 EXPENSES OF THE ELECTION
The City Council of the City of Tustin hereby resolves as
9 follows:
Section 1: ..... Thata_.Special. Municipal Election be held on
November 8, 1994, for the purpose of submitting to the voters three
H (3) propositions listed on Exhibit "A," attached hereto and
incorporated by this reference.
]2
Section 2: That the County Board of Supervisors is hereby
requested to order consolidation of the Special Municipal Election
with the Statewide General Election on November 8, 1994, and to
]4 issue instructions to the County Election Department to take any
and all steps necessary for the holding of the consolidated
election.
]6 Section 3: That the County Board of Supervisors is hereby
authorized to canvass the election returns.
]7
Section 4: That the City Council acknowledges and agrees to
]8 payment of the expenses of the election, excluding a separate
! sample ballot, as estimated on Exhibit "B", attached hereto and
i ]9 incorporated by this reference.
20 Section 5: That the City Clerk is hereby directed to file a
certified copy of this Resolution with the County Board of
2! SupervisOrs and the County Election Department.
22 PASSED AND ADOPTED, at a
regular meeting f the City Council
for the City of Tustin on this 18th day of July, 1994. , 1994.
24
THOMAS R.,,EALTARELLI, Mayor
25
26 ATTEST:
28 //2~E-Y E. WYIqN, City Clerk
1
2
3
4
5
6
7
8
9
EXHIBIT "A"
]1
12
]4
]5
]6
17
19
20
21
22
23
24
26
27
] ORDINANCE NO. 1126
AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA,
LIMITING CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL.
4 Pursuant to California Elections Code 40!7, the peopleof
the City of ?astin hereby ordain as follows:
5
SECTION !. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE
6 TERMS OF MEMBERS OF THE CITY COUNCIL.
Section r307 of Chapter 3 of Article I of the
Tustin City Code is hereby added to read as follows:
8
"1307 Limitation on Consecutive Terms of Members of the
9 Council.
10 (a) FindinQs and Puroose.
l] The'peoplelhereby find and declare:
12 (!) The Founders es~ab!ished a system of
representative government based upon free, fair, and
]3 competitive elections. The increased concentration of
political power in the hands of incumbent representatives has
]4 made our eleczorial system less free, less competitive, and
less representative.
(2) The ability of legislators to serve an
]6 unlimited number of terms contributes heavily to the ex~reme!y
high number of incumbents who are reetected. This unfair.
~7 incumbent advantage discourages qualified candidates from
seeking public office and creates a class of career
']8 politicians, instead of the citizen representatives envisioned
by the Founders. These career poli%icians become
" I9 representatives of ~he bureaucracy, rather than of the people
~ whom they era elected to represent.
20
(3) The purpose of this Ordinance is to
2] restore a free and democratic system of fair elections, and to
encourage qualified candidates to ~eek public office, by
22 limiting the powers of incumbency, by placing limitations upon
the number of coDsecutive te.~Tns which may be served by members
23 of the City Council.
24 (b) Li:itetions on Consecutive Te_~ms for Council.
Mothers.
(!) No person shall be elected as a member of the
City Council for more than two (2) full consecutive te.~ms.
Any member zf the City Council who has served two
27 consecutive %arms shall not be ree!ected as a member of the
City Council for at least two (2) years from the last date of
28 the second cznsecuzive ~erm.
Exhibit "A"
] (2) This Ordinance shall not operate to shorten any
current term of members of the City Council presently in
2 office.
3 (c) ApplicabilitV of Other Laws.
4 In the absence of state legislation to allow general
law cities to establish term limits, section 1307(b) will not
5 be binding on the City until general law cities are authorized__
by state legislation to enforce term limits. The voters,
6 however, can reject candidates who seek public office for more
than three (3) consecutive terms now.
'7
(d) Severability.
8
If any section, subsection, subdivision, sentence,
9 clause, phrase, or portion to this Ordinance, is for any
reason held to be invalid or unconstitutional by the decision_
~0 of any court'of competent jurisdiCtiOn, such decision shall
not affect the validity of the remaining portions of this
~]2 Ordinance. The people of the City of Tustin hereby declare
that they would have adopted this Ordinance, and each section,
12 subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more
13 sections, subsections, subdivisions, sentences, clauses,
Phrases,'Ior portions thereof be declared invalid or
]4 unconstitutional.
]5 SECTION 2. EFFECTIVE DATE.
]6 Pursuant to Elections Code 4017, the Ordinance shall
become effective upon the City Council's and the City Clerk's
]7 certification that this measure has passed by a majority vote
of the people.
ADOPTED by a vote of the people of the City of Tustin on
]9 the day of , and certified by
the Tustin City Council on the day of
20 1994.
2]
.23 THOMAS R. SALTAP~ELLI, Mayor
24 ATTEST:
25
MARY E. WYNN, City Clerk
28
1 ORDINANCE NO. 1132
AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA,
LIMITING CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL.
4 Pursuant to California Elections Code 4017, the people of
the City of ~astin hereby ordain as follows: -
5i
SECTION 1. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE
6 TERMS OF MEMBERS OF THE CITY COUNCIL.
7 Section !'307 of Chapter 3 of Article I of the
Tustin City Code is hereby added to read as follows:
8
"1307 Limitation on Consecutive Terms of Members of the
9 Council.
]0 (a) Findings and PurDose.
i] The people hereby find and declare:
~2 (1) The Founders established a system of
representative government based upon free, fair, and
13 competitive elections. The increased concentration of
political power in the hands of incumbent representatives has
14 made our electorial system less free, less competitive, and
less representative.
15
(2) The ability of legislators to serve an
16 unlimited nuther of terms contributes heavily to the extremely
high number of incumbents who are reelected. This unfair
~7 incumbent advantage discourages qualified candidates from
seeking public office and creates a class of career
'18 politicians, instead of the citizen representatives envisioned
by the Founders. These career politicians become
19 representatives of ~he bureaucracy, rather than of the people
whom they are elected to represent.
20
(3) The purpose of this Ordinance is to
2] restore a free and democratic system of fair elections, and to
encourage qualified candidates to Seek public office, by
22 limiting the powers of incumbency, by placing limitations upon
the number of copsecuzive terms which may be served by members
23 of the City Council.
24 (b) Lizitetions on Consecutive Terms for Council
MeTbets.
25
(l) No person shall be elected as a member of the
26 City Council for more than three (3) full consecutive terms.
Any member cf Zhe City Council who has served three (3)
27 consecutive :e_~T,.s shall not be reelected as a member of the ;'
City Council for at least two (2) years from the last date of
28 the second c=nsecutive term.
Exhibit "A"
] (2) This Ordinance shall not operate to shorten any
current term of members of the City Council presently in
9 office.
3 (c) Apblicability of Other Laws.
4 In the absence of state legislation to allow general
law cities to establish term limits, section 1307(b) will not
5 be binding on the City until general law cities are authorize~'---
by state legislation to enforce term limits. The voters
6 however, can reject candidates who seek public office for mor
than three (3) consecutive terms now.
'7
(d) SeverabilitV.
8
If any section, subsection, subdivision, sentence,
9 clause, phrase, or .portion to this Ordinance, is for any
· reason held to be invalid or unconstitutional.by._the decision-
10 of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this
1] Ordinance. The people of the City of Tustin hereby declare
that they would have adopted this Ordinance, and each section,
]2: subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more
~3 sections, subsections, subdivisions, sentences, clauses,
phrases,' or portions thereof be declared invalid or
14 unconstitutional.
SECTION 2. EFFECTIVE DATE.
]6 Pursuant to Elections Code 4017, the Ordinance shall
b~come effective upon the City Council's and the City Clerk's
]7 certification that this measure has passed by a majority vote
of the people.
]8
ADOPTED by a vote of the people of the City of Tustin on
]9 the day of , and certified by
the Tustin City Council on the day of ,
20 Z994.
.23 THOMAS R. SALT~RELLI, Mayor
24 ATTEST:
25
bLkRY E. WYNN, City Clerk
97
28
Fxhihit ,,n,, '
ORDINANCE NO. 1130
2
AN ORDINANCE OF ~HE PEOPLE OF THE CITY OF
3 TUSTIN, CALIFORNIA, REQUIRING THAT CITY
CONTRACTS FOR THE COLLECTION AND DISPOSAL OF
4 SOLID WASTE AND THE COLLECTION OF RECYCLABLE
MATERIAL BE SUBJECT TO COMPETITIVE BID
"' 6 Pursuant to California Elections Code Section 4017, thePeople
of the City of Tustin hereby ordain as follows:
Section 1. Purpose.
The purpose of this Ordinance is to require the competitive
9 bidding of contracts for the collection and disposal of solid waste
and the collection of recyclable materials.
]0
section 2. 'Am&~e~ of se~i~AI4333 ~f th~
]] Tustin City Code
]2 Tustin City Code Section 4333 is hereby amended to read as
follows:
13
The Council may enter into contracts for the
I4 collection and disposal of solid waste material, and may
establish such rules for the regulation thereof as it may
]5 from time to time deem best and necessary. The terms, as
set forth in Part 4 shall be the minimum terms of any
]6 contract approved by the City Council. At least every
seven (7) years City contracts for the collection and
]7 disposal of solid waste .and for the collection of
recyclable material shall be competitively bid in
]8 accordance with California Public Contracts Code Section
"" 20162 e__t seq. This requirement shall apply upon the
]9 termination of each City contract for the collection and
~ disposal of solid waste material that is in effect as of
20 the date of this Ordinance.
2] Section 3. Severability.
22 If any sentence, clause, phrase, or portion of this Ordinance,
is for any reason held to be invalid or unconstitutional by the
23 decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
24 Ordinance. The People of the City of Tustin hereby declare that
they would have adopted this Ordinance, and each section,
25 subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections,
26 subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
27
Exhibit "A"
Ordinance No.
Page 2
2 Section 4. ~Date.
3 Pursuant to Elections Code Section 4017, the Ordinance shall
become effective upon the City Council's and City Clerk's
4 certification that this measure has passed by a majority vote of
the People.
6
7
9
x2
]5
]6
]9
20
2]
22
23
24
26
27
Exhibit "A" --
ESTIMATED COST FOR PLACING TERM LIMITS A~D
SOLID WASTE COLLECTION CONTRACT MEASURES ON THE NOVEMBER BALLOT
Estimated County Charqe to City:
.80 cents X number of registered voters $18,249.00
(22,811 registered voters as of 7/11/94)
Less $1500 if Council desires their - 1.500.00
own separate sample ballot mailing
$16,749i00
Estimated Separate Sample Ballot:
Approximate cost for Martin $13,000.00
and Chapman to produce and
mail a separate sample ballot
to Tustin residents
TOTAL ESTIMATED COST BREAKDOWN:
18,249.00 without separate sample ballot mailing
29,749.00 With " " ,, ,,
EXHIBIT B
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 94-88
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that.the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 18th day of July, 1994, by the following vote:
CO~N~I~EMIBER AYES: Saltarelli~ Pott~,'D~i~ Th~ W0~ley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
~L~ary E. Wynn, City Clerk