HomeMy WebLinkAbout13 BALLOT MEASURE 11-17-97 LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMAK.
A PROFESSIONAL CORPORATION
MEMORANDUM
NO._13
11-17-97
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
November 12, 1997
Proposed Ballot Measure for the November, 1998 Election
RECOMMENDATION'
Pleasure of the City Council; i.e. motion to approve placement on the ballot for
November, 1998. It is not necessary to follow the City Council ordinance adoption
procedures.
DISCUSSION:
The City Council has adopted an ordinance changing the general municipal election
date to the date of the stateWide general election, which is currently being held on the first
Monday in November of each year. The City Council's first election under this ordinance
will be held in November of 1998. Members of the City Council expressed an interest in
letting the voters decide whether or not they wish to fix the general municipal election date
as the date of the statewide general election.
We have prepared the enclosed ballot measure to submit to the voters. Please note
that we have not specified that the election would take place.in November on a specified
day, as the precise date of the statewide general election is changed from time to time.
However, the concept of consolidating the City's general municipal election with the
statewide general election is included within the ordinance. Aside from holding an election
on the second Tuesday of April, the City's other choices for consolidating its election are
with: the statewide primary; or the day of school district elections.
If the voters approve the ballot measure, it would not be effective until approved by
the County Board of Supervisors. This is required by Election Code Section 1301(b).
In this case, since the voters would be asked to continue the November election
date from 1998 to the year 2000 and thereafter, there is no change in the terms of office
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54790_1
Honorable Mayor and MemberS of the City Council
City of Tustin
November 12, 1997
Page 2
of City Councilmembers. Accordingly, there is no requirement for specially notifying the
voters of the adoption of this ordinance if it is approved.
Finally, if adopted by the voters, the election date could not be changed by the City
Council without taking the matter to the voters. The voters, on their own could submit an
initiative to change the election date.
As you know, there are some limits on the initiative power. For example, an
administrative act is not subject to an initiative. However, we are not aware of any reported
decision that would preclude the voters from deciding this matter.
LOIS E. JEFFREYl ~
Enclosure
cc: William A. Huston, City Manager
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54790_1
! ORDINANCE NO.
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AN ORDINANCE OF THE PEOPLE OF THE CITY OF
TUSTIN, CALIFORNIA, REQUIRING THAT THE
CITY'S GENERAL MUNICIPAL ELECTION,
BEGINNING IN THE YEAR' 2000 BE
CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION
The People of the City of Tustin do ordain as follows:
Section i. The purpose and intent of this ordinance is to
require the consolidation of the City's general municipal election
with the statewide general election until the People of the City of
Tustin decide otherwise in the future.
Section 2. Beginning with the year 2000, the City's
general municipal election shall be consolidated with the statewide
general election.
Section
Ordinance No. 1187 is repealed.
Section 4. As a result of adoption of this ordinance, no
term of office shall be increased or decreased by more than twelve
(12) months.
Section 5. This ordinance shall be operative upon the
approval of the Orange County Board of Supervisors. Accordingly if
the People of the City of Tustin approve the ordinance, the City
Clerk is directed to transmit a certified copy of this ordinance to
the Orange County Board of Supervisors and request approval of the
ordinance by the Board of Supervisors.
Section 6. If any sentence, clause, phrase, or portion of
this ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The People of the City of
Tustin hereby declares that they have adopted this ordinance, and
each section, sentence, clause phrase or portion thereof,
irrespective of the fact that any one or more sections, sentences,
clauses, phrases or portions thereof be declared invalid or
unconstitutional.
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