HomeMy WebLinkAbout17 RESULTS ELECTION 12-05-94AGENDA_______
NO. 17
12-.5-94
~ATE:
DECEMBER 5, 1994
lnter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
DECLARING REBULTB OF NOVEMBER 8, 1994 BPECIAL MUNICIPAL
ELECTION
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RECOMMENDATION
Adopt Resolution No. 94-130 declaring the results and other
such matters as provided by law for the November 8, 1994
Special Municipal Election; and certify the ~adoption of
Ordinance No. 1126 (Measure H) and Ordinance No. 1130 (Measure
j) o ·
BACKGROUND
The Special Municipal Election for the City of Tustin was held
on Tuesday, November 8, 1994, for the purpose of submitting to
the voters three (3) measures: MEASURE H, Shall the terms of
the members of the Tustin City Council be limited to two (2)
full consecutive terms?; MEASURE I, Shall the terms of office
of members of the Tustin City Council be limited to three (3)
full consecutive terms?; and MEASURE J, Shall City contracts
for the collection and disposal of solid waste and the
collection of recyclable material be subject to competitive
bid?
The returns of the election have been canvassed and certified
as follows by the Orange County Registrar of Voters: Measure
H was.passed with 10,300 votes in favor; Measure I was defeated
with 6,737 votes in opposition; and Measure J was passed with
11,371 votes in favor.
Valerie Crabill
Chief Deputy City Clerk
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RESOLUTION NO. 94-130
A RESOLUTION OF THE CITY couNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RECITING THE'
FACT OF THE SPECIAL MUNICIPAL ELECTION
HELD ON NOVEMBER 8, 1994, DECLARING THE
RESULT AND OTHER SUCH MATTERS AS PROVIDED
BY LAW
WHEREAS, a Special Municipal Election which was consolidated
with the General Election was held and conducted in the CitY of
Tustin, California, on Tuesday, November 8, 1994, as required by
law; and
WHEREAS, notice of the election was given in time, form and
manner as provided by law; that voting precincts were properly
established; that election officers were appointed; and that in
all-respects the election was held and conducted and the votes
were cast, received and canvassed and the returns made and
declared in.time, form and manner as required by the provisions
of the Elections Code of the State of California for the holding
of elections in general law. cities; and
WHEREAS, pursuant to Resolution No. 94-88 adopted July 18,
1994, the Orange County Registrar of Voters canvassed the returns
of the election and has certified the results to this City
Council, the results are received, attached and made a part
· hereof as "Exhibit A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That the whole number of ballots cast in the
precincts except absent voter ballots was 11,648.
That the whole number of absent voter ballots cast in the
City was 2,.656, making a total of-14,304 ballots cast in the
City.
SECTION 2. That the measures voted upon at the election
are as follows: MEASURE H: Shall the terms of office of the
Members of the Tustin City Council be limited to two (2) full
consecutive terms?; MEASURE I: Shall the terms of office of the
Members of the Tustin City Council be limited to three (3) full
consecutive terms?; and MEASURE J: Shall City contracts for the
collection of recyclable material be subject to competitive bid?
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Resolution No. 94 -130
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SECTION 3. That the number of votes-given at each
precinct and the number of votes given in the City for and
against the measures were as listed in "Exhibit A" attached.
SECTION 4. The City Council does declare and determine,
as a result of the election, that a majority, of the voters voting
on Measure H relating to limiting terms of'Councilmembers to two
(2) full consecutive terms did vote in favor of it, that Measure
H was carried, and shall be deemed adopted and ratified; that a
majority of the voters voting on Measure I relating to limiting.
terms of Councilmembers to three (3) full consecutive terms did
not vote in favor of it, that Measure I was not carried, and
shall not be deemed adopted and ratified; and that a majority of
the voters voting on Measure J relating to competitive bidding of
the City's solid waste collection contract did vote in favor of
it, that Measure J was carried and shall be deemed adopted and
ratified-. '
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SECTION 5. The Office of the City Clerk shall enter on
the records of the City Council of the City, a statement of the
result of the election, showing: (1) The whole number of ballots
cast in the City; (2) The measures voted upon (3) The number of
votes given at each precinct for and against each measure; and
(4) The total number of votes given for and against each measure.
SECTION 6. That the Office of the City Clerk shall
certify to the passage and-adoption of this resolution and enter
it into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City CounCil
of the City of Tustin on the 5th day of December, 1994.
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Attest:
THOMAS R. SALTARELLI, MAYOR
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26 Mary Wynn, City Clerk
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E1: RlqEASURE
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EXHIBIT A
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
)$$.
COUNTY OF ORANGE
I, Donald Tanney, Registrar of Voters of Orange County, do hereby certify
the following to be a full, true and correct Statement of the Vote of the
election listed below, consolidated with the General Election held on November
8, 1994.
CITY OF TUSTIN
MEASURE H
YES 10,300
NO ~ 2 856
MEASURE I
YES 5,5O9
NO 6,737
MEASURE J
YES 11,371
NO 1,841
PRECINCT BALLOTS CAST:
ABSENTEE BALLOTS CAST-
TOTAL BALLOTS CAST:-
11,648
2,656
]4,304
I hereby certify that the number of votes cast is as set forth above and
appears in the Certified Statement of the Vote.
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WITNESS my hand and Official Seal this 21st day of November, lg94..
~ ~'~- ~, .... .
~- ' ........... ' ~x> 2~~
DONALD TANNiY~~
REGISTRAR OF VOTERS
Orange County
11/21/94 612
GENERAL ELECTION. NOVEI~ER 8. 1994
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ORDINANCE NO. 1126
AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA,
LIMITING CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL.
Pursuant to California Elections Code 4017, the people of
the City of Tustin hereby ordain as follows:
SECTION 1. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE
TERMS OF MEMBERS OF THE CITY COUNCIL.
Section 1307 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) Findinqs and Purpose.
The people hereby find and declare:
(1) 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 serve 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 are elected to represent.
(3) The purpose of this Ordinance is to
restore a free and democratic system of fair elections, and to
eDco~rage qualified candidates to seek public office, by
limiting the powers of incumbency, by placing limitations upon
the number of consecutive terms which may'be served by members
of the City Council.
(b) Limitations on Consecutive Terms for Council
Members.
(1) No person shall be elected as a member of the
City Council for more than two (2) full consecutive terms.
Any member of the City Council who has served two (2)
consecutive terms shall not be'reelected as a member of the
City Council for at least two (2) years from the last date of
the second consecutive term.
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(2) This Ordinance shall not operate to shorten any
current term of members of the City Council presently in
office.
(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 two (2) consecutive terms now.
(d) Severability.
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 8th day of November, 1994 , and certified by the
Tustin City Council on the ~th day of December
.1994. ,
THOMAS R. SALTARELLI, Mayor
ATTEST:
MARY E. WYNN, City Clerk
ORDINANCE NO. 1130
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AN ORDINANCE oF THE PEOPLE OF THE CITY OF
TUSTIN, CALIFORNIA, REQUIRING THAT CITY
CONTRACTS FOR THE COTJ.RCTION AND DISPOSAL OF
SOLID WASTE AND THE COIJ.RCTION 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 of 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
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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 et 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.
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Section 4.
Effective Date.
Pursuant to ElectiOns Code Section 4017, the Ordinance shall
become effective upon the City Council's and 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
~th day of November~ 1994 , and certified by the
Tustin City Council on the 5th day of December , 1994.
THOMAS R. SALTARELLI, Mayor
ATTEST:
MARY-E. WYNN, City Clerk