HomeMy WebLinkAbout24 DATE MUNI ELEC. 08-15-94 NO. 24
8-15-94
Inter-Corn
DATE:
August 9, 1994
TO:
FROM:
SUBJEC~
WILLIAM A. HUSTON, CITY MANAGER
CITY ATTORNEY
ORDINANCE CHANGING THE DATE OF THE GENERAL MUNICIPAL ELECTION
TO THE DATE OF THE STATEWIDE DIRECT PRIMARY ELECTION
Enclosed for the consideration of the City Council is an
ordinance changing the date of the City's general municipal
election to the date of the statewide direct primary election.
Pursuant to Ordinance No. 1032 and Ordinance No. 1048, the City of
Tustin has conducted its general municipal election on the second
Tuesday in April of even-numbered years. This ordinance would
change the date of the general municipal election to coincide with
the date of the statewide direct primary election. Normally, the
statewide direct primary election is held in June of even-numbered
years. In 1996, the statewide direct primary election will be
consolidated with the presidential primary and will be held on the
fourth Tuesday in March. This would be approximately two weeks
before the date of the City's next scheduled general municipal
election in April of 1996.
The provisions of law changing the date of the statewide
direct primary to coincide with the new date of the presidential
primary in March, will sunset on January 1, 1998, unless the
Legislature enacts another statute which deletes the sunset
provision or extends the sunset date. Accordingly, if this
ordinance is enacted, it is possible that the March statewide
election date for 1996 will be discontinued thereafter, and in
1998, the statewide direct primary will be held as before, in June
of even-numbered years.
In 1996, the effect of this ordinance would be to shorten
existing councilmember terms of office that would otherwise expire
in April of 1996, by approximately two weeks. Because of the
change in the election date, state law requires that the City Clerk
mail notice to all registered voters in the City informing them of
the change of the general municipal election date and the effect on
terms of office.
LE J :cas:D :08/09/94: (TT~)
Enclosure
cc: Valerie Whiteman,
Chief Deputy City Clerk
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ORDINANCE NO. 1139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFO~NIA, REPEALING ORDINANCE NOS.
1032 AND 1048 AND REQUIRING THAT GENERAL MUNICIPAL
ELECTIONS BE HELD ON THE SAME DAY AS THE STATEWIDE
DIRECT PRIMARY ELECTION, PURSUANT TO GOVERNMENT CODE
SECTION 36503.5
The City Council of the City of Tustin, California, does
hereby ordain as follows:
Section 1.
Ordinance Nos. 1032 and 1048 are hereby repealed.
Section 2.
Pursuant to Government Code Section 36503.5, the general
municipal election of the City of Tustin shall be held on the same
day as the statewide direct primary election, which is held in
even-numbered years.
Section 3.
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 4.
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.
Section 5.
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 6.
Within thirty (30) days of the operative date of this
ordinance, as described in Section 5, the City Clerk shall cause a
notice to be mailed to all registered voters informing the voters
of the change in election date, and that as a result of the change
in the election date, elected city officeholders terms in office
will be changed.
III
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Ordinance No. 1139
Page 2
Section 7.
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.
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of , 1994.
THOMAS R. SALTARELLI, Mayor
ATTEST:
MARY E. WYNN, City Clerk
(T71)