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 1 2 3 4 5 6 7 8 9 1£ 1] 14 1_~ 1( 2( 2] 22 2_~ 2( 2~ 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 1 2 3 4 5 6 7 8 9 lC 1] 13 15 lC~ 2£ 2] 2~ 22 2~ 25 2( 2~ 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)