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Home My WebLink About24 ELECTION DATE 1998 09-15-97DATE: SEPTEMBER 15, 1997 Inter-Com NO. 24 9-15-97 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ELECTION DATE FOR 1998 RECOMMENDATION: Pleasure of the City Council. FISCAL IMPACT: Following are the actual costs incurred by the City for the last two General Municipal Elections: 1994 April Election' $33,900. 1996 Consolidated March Election: $15,082 Following are the estimated costs for conducting 1998 election options: April Election: Consolidated Election (June): Consolidated Election (Nov.): $40,000 * $23,482 (.90 per registered voter) $18,264 (.70 per registered voter) * This estimate is based on: (1) costs for a recent election in the City of Cerritos which has a comparable number of registered voters with Tustin; (2) increased costs for postage, supplies, and consultant fees; and (3) the continuing increase in the number of absentee voters. BACKGROUND: Attached is a'memorandum from the City Attorney outlining the background of Ordinance No. 1139 and election date options available to the City Council. Valerie Crabill Chief Deputy City Clerk LAW OFFICES OF WOODRUFFs SPRADLIN & S~ F A PROFESSIONAL CORPORATION MEMORANDUM TO: FROM: DATE: RE: Honorable Mayor and Members of the City Council City of Tustin City Attorney September 9, 1997 City's Election Date for 1998 BACKGROUND: Enclosed herein is a' copy of Ordinance 1139. The ordinance permitted the consolidation of the City's 1996 general municipal election with the statewide direct primary that was held in March, the same date as the presidential primary. The ordinance also authorized a return to the general municipal election date of the second Tuesday in April of even numbered years, if state law does not authorize a March, 1998 statewide direct primary. The March statwide direct primary date is automatically repealed as of the end of the state legislative session in 1997 if the state does not authorize a March stateWide direct primary for 1998. Upon that repeal, Ordinance 1139 provides that Tustin's general municipal election shall be held on the second Tuesday in April of even numbered years. As of this date, the state legislature has not taken action to authorize a March statewide direct primary for 1998. Since the regular 1997 legislative session has concluded, unless a special session is called, the March statewide direct primary will be automatically repealed. Existing state law provides that effective January 1, 1998, the statewide direct primary shall be held on the first Tuesday after the first Monday in June. Accordingly, in accordance with Ordinance No. 1139 Tustin's general municipal election shall be held on the second Tuesday of April in 1998. DISCUSSION: If the City Council wishes to repeal Ordinance No. 1139 and enact a substitute, the available options are as follows: . Consolidate with the statewide direct primary, which will be held on the first Tuesday after the first Monday in June of each even numbered year; or 1100-00012 51723_1 Honorable Mayor and Members of the City Council City of Tustin September 9, 1.997 Page 2 . Consolidate with the statewide general election, which will be held on the first Tuesday after the first Monday in November in even numbered years. Neither of the aforementioned changes would violate existing law regarding an increase or decrease in a term of office. Existing law provides that no term of office shall be increased or decreased by more than 12 months. Ordinance 1139 requires the City Clerk to mail notice to all registered voters informing them of the April 1998 election, if as of the end of 1997, the March statewide direct primary date is not reauthorized. It is our opinion that should the City Council decide to change the April, 1998 election date, that the City Clerk should send notice to registered voters informing them of the change in election date. Notice of the April 1998 election must be published in December, so if the City Council desires to make a change it should be done before December 1, 1997. RECOMMENDATION: Pleasure of the City Council. Enclosure CC: VVilliam A. Huston, City Manager LOIS E. JEFFREY 1100-00012 51723_1 .3 l0 13 14 16 17 ]9 2O 2! 23 24 26 27 ORDINANCE NO. 1139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NOS. 1032 AND 1048 AND REQUIRING THAT BEGINNING IN 1996, THE GENERAL MUNICIPAL ELECTION BE HELD IN MARCH, ON THE SAME DAY AS THE STATEWIDE DIRECT PRIMARY ELECTION, AND PROVIDING THAT IF THE STATE LEGISLATURE FAILS TO PROVIDE AUTHORIZATION FOR A STATEWIDE DIRECT PRIMARY IN MARCH OF 1998, THE CITY'S GENERAL MUNICIPAL ELECTION, BEGINNING IN 1998, SHALL BE HELD ON THE SECOND TUESDAY IN APRIL OF EVEN-NUMBERED YEARS The City Council of the City of Tustin, California, does hereby ordain as follows: Section 1. The purpose and intent of this ordinance is to permit the consolidation of the City's next general municipal election with the statewide direct primary election that will be held on the fourth Tuesday in March of 1996 at the same time as the presiden- tial primary and to permit the City's general municipal election to be held in March of subsequent even-numbered years if state law is changed to provide for a March statewide direct primary beginning in 1998. An additional purpose and intent of this ordinance is to authorize a return to a general municipal election date of the second Tuesday in April of even-numbered years, if state law does not provide for a March statewide direct primary beginning in 1998. Section 2. Ordinance Nos. 1032 and 1048 are hereby repealed. Section 3. A. This section shall remain in effect as long as state law authorizes a statewide direct primary election in March of even-numbered years and such authorization applies to the 1998 election year. This section shall be repealed as of the end of the state legislative session in 1997 if the state has not authorized a March statewide direct primary for 1998. B. Beginning in 1996, pursuant to Government Code Section 36503.5, the City of Tustin's general municipal election shall be held on the same day as the statewide direct primary election, which shall be held on the fourth Tuesday in March. The time period in which to file as a candidate for the general municipal election shall be the same as that for the statewide direct primary election. III [0 13 14 16 17 2O 2! 26 27 Ordinance No. Page 2 Section 4. This section shall become operative upon the repeal of'Section 3 of this ordinance. Pursuant to Elections Code Section 2601, the City of Tustin's general municipal election shall be held on the second Tuesday in April of even-numbered years. Section 5. As a result of the adoption of this ordinance, no term of office shall be increased or decreased by more than twelve (12) months. Section 6. This ordinance shall be operative upon the approval of the Board of Supervisors of the County of Orange. Accordingly, the City Clerk is directed to transmit a certified copy of this ordinance to the Board of Supervisors of the County of Orange, along with a request that the Board approve this. ordinance. Section 7. Within thirty (30) days of the operative date of this ordinance, as described in Section 6, the City Clerk shall cause a notice to be mailed to all registered voters informing the voters of the change in the election date as specified in Section 3, and that as a result of the change in the election dates, elected city officeholders terms of office will be changed. - . Section 8. Within thirty (30) days of the operative date of Section 4 of this ordinance, the City Clerk shall cause a notice to be mailed to all registered voters informing the voters of the 'change in the election date as specified in Section 4, and that as a result of the change in the election date, elected city officeholders terms of office will be changed. Section 9. Severability. 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 City Council of the City of Tustin hereby deClare that they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or .portion thereof,- irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Ordinance No. Page 3 PASSED AND ADOPTED, at a meeting of the City Council Jy~o day of ~~ , ~994. for the City of Tustin on this regular THOMAS R. ~TARELLI, Mayor ATTEST: 8~ ~/~-RY__E. WYNN !3 14 !6 !7 2O 2! 23 24 26 27 (T71)