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HomeMy WebLinkAbout22 NOV 1994 ELECTION 07-18-94AGENDA_. NO. 22 7-18--94 DATE: July 12, 1994 Inter-Corn TO: FROM: SUBJECT: VALERIE WHITEMAN, CHIEF DEPu~f CITY CLERK CITY ATTORNEY RESOLUTIONS RELATING TO THE NOVEMBER, 1994, ELECTION Enclosed herein for consideration by the City Council at the July 18, 1994 City Council meeting ~re two resolutions relating to the November 8, 1994, election. The first resolution provides for the calling of a special municipal election and requests consolidation of the special municipal election with the general statewide election. Exhibit "A" to that resolution contains the three ordinances that the City Council has approved. Exhibit "B" to the resolution sets forth the estimated costs of the election. The resolution enables the City Council to decide whether they wish to have a separate sample ballot prepared. Transmittal of this resolution to the Orange County Elections Department will trigger the necessary activity to make sure that the three ballot measures are included on the November ballot. The second resolution is optional and it may be broken into two or more parts, as the City Council so desires. The first part of the resolution provides for the preparation of impartial ballot analyses by the City Attorney. The City Council may dispense with this analysis if they so choose. The second part of the resolution enables the City Council to authorize one or more of their members to prepare ballot arguments. The reason that this is proposed for consideration is that the City Clerk is only authorized to have one argument printed in favor of a proposition and one printed in opposition. If the City Clerk receives more than one argument in favor, the City Clerk must give priority to an argument submitted by a member of the City Council who had been authorized to prepare an argument by the City Council. The options available to the City Council in this regard are as follows: 1. Do not authorize any council members to submit written arguments; 2. Authorize written arguments in favor of each measure but none against; or 3. Authorize written arguments in favor of each measure and against each measure. Valerie Whiteman, July 12, 1994 Page 2 Chief Deputy City Clerk If no member of the City Council is authorized to submit a written ballot argument on a measure, then the City Clerk is required to give preference and priority to voters or associations of voters who are sponsors or proponents of the measures, bona fide associations of citizens, and lastly, individual voters who are eligible to vote on the measure. Lois E. Je~fFe~ U Enclosures cc: William A. Huston, City Manager 1 2 5 6 7 $ 9 10 11 12 13 14 15 16 17 15 19 2O 21 22 23 24 25 26 27 2g RESOLUTION NO. 94-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFOP~NIA: (1) CALLING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 8, 1994; (2) REQUESTING THE COUNTY BOARD OF SUPERVISORS TO ORDER CONSOLIDATION OF THE SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION ON NOVEMBER 8, 1994; (3) AUTHORIZING THE COUNTY BOARD OF SUPERVISORS TO CANVASS THE ELECTION RETURNS; AND (4) PROVIDING FOR THE EXPENSES OF THE ELECTION The City Council of the City of Tustin hereby resolves as follows: Section 1: That a Special Municipal Election be held on November 8, 1994, for the purpose of submitting to the voters three (3) propositions listed on Exhibit "A," attached hereto and incorporated by this reference. 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 issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. Section 3: That the County Board of Supervisors is hereby authorized to canvass the election returns. Section 4: That the City Council acknowledges and agrees to payment of the expenses of the election, including a separate sample ballot, as estimated on Exhibit "B", attached hereto and incorporated by this reference. Section 5: That the City Clerk is hereby directed to file a certified copy of this Resolution with the County Board of Supervisors and the County Election Department. 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 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" 1 7 8 9 10 12 ~4 17 19 2O 21 22 24 25 26 27 28 ORDINANCE NO. 1126 A~' ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA, L----M~!TING CONSECUTIVE TE~M$ OF MEMBERS OF THE CITY COUNCIL. Pursuan: to California Elections Code 4017, the people of the City of ~astin hereby ordain as follows: SECTION 1. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE T~-----~MS OF .~ERS OF THE CITY COUNCIL. Section ~307 of Chapter 3 of Article 1 of the Tustin City Code is hereby added to read as follows: "1307 Limitation on Consecutive Terms of Members of the Council. (a) Findings and Purpose. The people hereby find and declare: (!) The Founders established a system of representative government based upon free, fair, and competitive elections. The increased concentration of political power in the hands of incumbent representatives has made our elec~orial system less free, less competitive, and !ess representative. (2) The ability of leqislators to serve an unlimited number of terms contributes heavily to the extremely high number of incumbents who are reelected. This unfair~ incu~en~ advantage discourages qualified candidates from seeking pu~!ic office and creates a class of career pcliticians, instead of the citizen representatives envisioned by ~ne Fcunders. These career politicians become representatives of ~qe bureaucracy, rather than of the people whcm they are elected to represent. The purpose of this Ordinance is to restore a free and democratic system of fair elections, and to encourage ~celified candidates to ~eek public office, by limiting the powers of incumbency, by placing limitations upon the num%ber of coDsecu~ive terms which may be served by members of the City Coun~i!. L___tat_o..s on (b) ~-~ ~ ~ Consecutive Te-~ms for Council Meri~e rs. (!~ No person shall be elected as a member of the Cim~/ Council for mcre ~han two (~) full consecutive terms. An'£ member cf ~he City Council who has served two (2) consecutive ~a_~-m~.s ska!! no~ be reelected as a member of the Ci~'£ Council for at !eas~ ~wo (2) years from the last date of Exhibit "A" 1 2 3 4 5 6 '7 8 9 10 11 12 I4 15 16 17 18 19 20 2~ 22 .23 24 25 26 27 28 current office. (2) This Ordinance shall not operate to shorten ax term of members of the City Council presently in (c) Applicability of Other Laws. In the absence of state legislation to allow general law cities to establish term limits, section 1307(b) will not be binding on the City until general law cities are authorized by state legislation to enforce term limits. The voters, however, can reject candidates who seek public office for more than three (3) consecutive tel-ms now. (d) Severabilit¥. If any section, subsection, subdivision, sentence, clause, phrase, or portion to 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 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. SECTION 2. EFFECTIVE DATE. Pursuant to Elections Code 4017, the Ordinance shall become effective upon the city Council's and the City Clerk's 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 the day of , and certified by the Tustin City Council on the day of 1994. ATTEST: THOMAS R. SALTAPdELLI, Mayor MARY E. WYNN, City Clerk ] 2 1 12 13 14 15 16 17 '18 19 20 21 22 23 25 26 27 28 ORDINANCE NO. 1132 AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFOP~NIA, LIMITING CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL. Pursuant to California Elections Code 4017, the people of the City of ~dstin hereby ordain as follows: SECTION 1. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE TERMS OF M~MBERS OF THE CITY COUNCIL. Section i307 of Chapter 3 of Article 1 of the Tustin City Code is hereby added to read as follows: "1307 Limitation on Consecutive Terms of Members of the Council. (a) Fin~inqs and Purpose. The people hereby find and declare: (!) The Founders established a system of representative government based upon free, fair, and competitive elections. The increased concentration of political power in the hands of incumbent representatives has made our electorial system less free, less competitive, and less representative. (2) The ability of legislators to sel-ve an unlimited number of terms contributes heavily to the extremely high number of incumbents who are reelected. This unfair incumbent advantage discourages qualified candidates from seeking public office and creates a class of career politicians, instead of the citizen representatives envisioned by the Founders. These career politicians become representatives of the bureaucracy, rather than of the people whom they ara elected to represent. (3) The purpose of this Ordinance is to restore a free and democratic system of fair elections, and to encourage .~ualified candidates to Seek public office, by limiting the Dowers of incumbency, by placing limitations upon the number of'coDsecutive terms which may be served by me:bets of the City CouNcil. (b) Limitations on Consecutive Terms for Council Mer~ers. (!) No person shall be elected as a member of the City Council for more than three (3) full consecutive te_-ms. Any member cf ~he City Council who has served three (3) .- consecutive ~e-~m.s shall not be reelected as a member of the ~ City Council for at least two (2) years from the last dase of ~ the second c:nsecutive term. Exhibit "A" ! 2 3 4 5 '7 8 9 10 11 12 13 I4 15 17 18 19 2O 21 22 · ')3 25 26 27 28 current office. (2) This Ordinance shall not operate to shorten a term of members of the City Council presently in c) Applicability of 0~her Law~. In the absence of state legislation to allow general law cities to establish term limits, section 1307(b) will not be binding on the City until general law cities are authorized by state legislation to enforce term limits. The voters, however, can reject candidates who seek public office for more than three (3) consecutive terms now. (d) Severabilit . If any section, subsection, subdivision, sentence, clause, phrase, or portion 5o 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 declare that they would have adopted ~his 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 c unconstitutional. SECTION 2. EFFECTIVE DATE. Pursuant to Elections Code 4017, the Ordinance shall become effective upon the City Council's and the City Clerk's 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 the day of , and certified by the Tustin City Council on the day of 1994. ATTEST: THOMAS R. SALTARELLI, Mayor MARY E. WYNN, City Clerk 6 ? 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 26 27 28 1130 ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA, REQUIRING THAT CITY CONTRACTS FOR Ta~ COLLECTION AND DISPOSAL OF SOLID WASTE AND '£R~ COLLECTION OF RECYCLABLE MATERIAL BE SUBJECT TO COMPETITIVE BID Pursuant to California Elections Code Section 4017, the People of the City of Tustin hereby ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to require the competitive bidding °f Contracts for the collection and disposal of solid waste and the collection of recyclable materials. Section 2. Amendment of Section 4333 of the Tustin City Code Tustin City Code Section 4333 is hereby amended to read as follows: The Council may enter into contracts for the collection and disposal of solid waste material, and may establish such rules for the regulation thereof as it may from time to time deem best and necessary. The terms, as set forth in Part 4 shall be the minimum terms of any contract approved by the City Council. At least every seven (7) years City contracts for the collection and disposal of solid waste and for the collection of recyclable material shall be competitively bid in accordance with California Public Contracts Code Section 20162 e__t seq. This requirement shall apply upon the termination of each City contract for the collection and disposal of solid waste material that is in effect as of the date of this Ordinance. Section 3. 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 People 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. III 1 2 ? 9 10 I1 12 14 19 2O 22 23 2~ 27 2~ Ordinance No. Page 2 Section 4. Effective Date. Pursuant to Elections Code Section 4017, become effective upon the City Council's certification that this measure has passed by the People. the Ordinance shall and City Clerk's a majority vote of Exhibit ESTIMATED COST FOR PLACING TERM LIMITS AND SOLID WASTE COLLECTION CONTRACT MEASURES ON THE NOVEMBER BALLOT Estimated County Charqe to City: .80 cents X number of registered voters (22,811 registered voters as of 7/11/94) Less $1500 if Council desires their own separate sample ballot mailing $18,249.00 - 1,500.00 $16,749.00 Estimated Separate Sample Ballot: Approximate cost for Martin and Chapman to produce and mail a separate sample ballot to Tustin residents $13,000.00 TOTAL ~BTIMATED COST BREAKDOWN: $ 18,249.00 $ 29,749.00 without separate sample ballot mailing with ,, ,, ,, ,, EXHIBIT B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA PROVIDING FOR THE PREPAP~TION OF IMPARTIAL ANALYSES OF THREE (3) BALLOT MEASURES AND BALLOT ARGUMENTS The City Council of the City of Tustin hereby resolves as follows: Section 1: The City Clerk is hereby directed to transmit to the City Attorney a copy of the three (3) ballot measures approved by the City Council for the Special Municipal Election to be held November 8, 1994. Section 2: No later than August 10, 1994, the City Attorney shall prepare and submit to the City Clerk an impartial analysis of each measure, not to exceed 500 words, "showing the effect of the measure on existing law and the operation of the measure." (Elections Code section 5011.) Section 3: Councilmembers designated on Exhibit "A" are authorized to file written arguments with the City Clerk for (or against) each ballot measure no later than August 10, 1994. PASSED AND ADOPTED, at a regular meeting of the City Councix for the City of Tustin on this day of , 1994. THOMAS R. SALTARELLI, Mayor ATTEST: MARY E. WYNN, City Clerk 6 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 2'/ 2g EXHIBIT "A" Term Limitation Ordinance (Two full terms) Pro Con Term Limitation Ordinance (Three full terms) Pro Con Bidding of Solid Waste Contracts Pro .Con EXHIBIT "A"