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HomeMy WebLinkAboutOB 1 ELEC CONSOL. 01-19-87OLD BUSINESS TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY SUSJ ECT: ELECTION CONSOLIDATION Recommended Action: Adopt attached Resolution 87-11 setting the matter of the proposed consolidation of elections for a public hearing on February 2, 1987, and prescribing notice. Government Code Section 36503.5 permits a city to adopt an ordinance consolidating its general municipal election with a statewide (a) direct election, (b) general election, or (c) a school district election. Pursuant to request of the City Council, we have prepared the resolution calling a public hearing on February 2, 1987, to consider ,consolidation of the municipal election with the state- wide general election held in November of even-numbered years. Following the public hearing 'on February 2, the Council may consider adoption of the attached ordinance requiring consolida- tion of elections. This ordinance contains the recent amendment to Government Code Section 36503.5(b) permitting a term of office to be increased or decreased by no more than twelve months. The next regularly scheduled election of council members is April, 1988. If the Council determines to consolidate with the November, 1988 election, the terms of office for officeholders would be increased less than the twelve months permitted. Election Code Section 23302 requires, whenever a city election is to be consolidated, that "the resolution requesting the consoli- dation be ~d0pted and filed at the same time as the adoption of the ordinance, resolution or order calling the election" (at least eighty-eight days prior to the election). A draft resolu- tion requesting consolidation is attached. The re~olution calling the election will be adopted at a later date closer to the time of the election. Within thirty days after the Board of Supervisors has approved the resolution requesting consolidation, the City Clerk must notify the voters of the change of election date and the change in officeholder's terms. The Clerk can make arrangements with the Registrar of Voters office to secure mailing labels for all of Tustin's registered voters in order to comply with this thirty day requirement, as well as contacting the local postmaster to determine any restrictions he would place on such a large/bulk mailing. Additional Matters for Council Consideration: How much control should the City retain over its local election? The County may be authorized to administer the entire election. However, the Council may wish to continue to have nomination papers pulled and filed at the City Clerk's office. The Clerk would verify the petition signatures as in the past. An advantage here would be the actual knowledge of who has requested nomination papers, and who has signed those papers. Additionally, the Council may wish to have the City Clerk retain control of the "candidate statements". Election Code Section 10012.7 prohibits public inspection of these documents until after the filing deadline. Again, the knowledge of who has and has not filed a candidate statement may be a control the Clerk should retain. For such interest as it may have, we have been advised that the cities of Orange, Anaheim, Irvine and Downey have been disenchanted with their consolidated elections, due to loss of city control. Orange was said to have considered a return to former election time schedule, but they have not taken formal action to accomplish that change back. SDA: JGR: se :R: 01/12/87 (a76) EncloSures Page 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87-.11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO REQUIRE ITS GENERAL MUNICIPAL ~.ECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION AND FIXING A TIME AND PLACE OF PUBLIC HEARING THEREON. WHEREAS, it is the desire of the City Council of the City of Tustin, California, to consider the consolidation of the City of Tustin's general municipal election with the statewide general election held in November of even-numbered years. NOW, THEREFORE, the City Council of the City of Tustin, California, does hereby resolve as follows: 1. It is the intention of the City Council to consolidate its general municipal election with the statewide general election held in November of even-numbered years. 2. A public hearing is hereby set for February 2, 1987, at 7:00 o'clock p.m. in the Chambers of the City Council at 300 Centennial Way, Tustin, California, for hearing all persons interested in or objecting to the proposed consolidation of elections. 3. The City C~erk is hereby directed to transmit a copy of this resolution to the Tustin News for publication at least ten days prior to the date set for public hearing. PASSSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of , 1987. ATTEST: MAYOR CITY CLERK SDA:JGR:se :R: 01/12/87 (a77) 6 7 $ 9 10 '11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUIRING ITS GENERAL MUNICIPAL ELECTION TO BE CONSOLIDAT.ED WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF EVEN-NUMBERED XEARS, PURSUANT TO SECTION 36503.5 OF THE GOVERNMENT CODE. WHEREAS, by Resolution 87- a public hearing was called for , 1987, at 7:00 o'clock p.m., in the Tustin City Council Chambers, to obtain public input in the matter of consolidating Tustin's general municipal elec- tion with the statewide general election held in November of even-numbered years; and WHEREAS, such hearing has been duly held and all persons interested given the opportunity to be heard. NOW, THEREFORE, the City Council of the City of Tustin, California, does hereby ordain as follows: I. The general municipal election of the City of Tustin shall be consolidated with the statewide general election held in November of even-numbered years; and II. This ordinance shall be effective upon the approval of the Board of Supervisors of the County of Orange; and III. As a result of the adoption of this ordinance, no term of office shall be increased or decreased by more than twelve months; and IV. The consolidated election shall be governed by Elections Code Section 23300, et seq.; and V. The County Clerk is directed to conduct the municipal election, to canvass the returns of the general municipal election, and conduct the election in all respects as if there were only one election, using only one form of ballot, in accordance with Section 22003 of the Elections Code; and VI. Recognizing that additional costs will be incurred by the County by reason of this consolidation, the County shall be reimbursed for additional costs; and VII. Those City officers whose terms of office would have, prior to the adoption of this ordinance, expired on the Tuesday succeeding the second Tuesday in April of an 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 even-numbered year, shall instead continue in their offices until no later than the fourth Tuesday after the day of the general municipal election, and until the successors are elected and qualified; and VIII. The period to file as a candidate for the general election shall be the same as the nomination period to file as a candidate for the statewide general election; and IX. Within thirty days after this ordinance becomes effective upon approval of the Board of Supervisors, the City Clerk shall cause a notice to be mailed to all regis- tered voters informing the voters of the change in the election date, and that elected City officeholders' terms in office will be changed; and X. The municipal election following adoption of this ordinance and each municipal election thereafter shall be consolidated with the statewide general election held in November of even-numbered years. PASSSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of , 1987. MAYOR ATTEST: CITY CLERK SDA :JGR:R: 01/12/87 (a80) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLI- DATE THE GENERAL MUNICIPAL ELECTION W/TH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 1988, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Tustin, California, desires that its general municipal election be consolidated with the statewide general election and that within the City of Tustin the precincts, polling places, and election officers of the two elections be the same and that the County Election Department of the County of Orange canvass the returns of the Tustin general municipal election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, the City Council of the City of Tustin, California, does hereby resolve, declare, determine and order as follows: SECTION 1: That pursuant to the requirements of Section 23302 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consolidate and agree to consolidation of the City of Tustin's general municipal election with the statewide election to be held on Tuesday, November 8, 1988, for the purpose of electing three Council members for full terms of four years. ~z~=CZ~J~Q_~L2: That the County Election Department is authorized to canvass the returns of the City of Tustin's general municipal election. That the election shall be held in all respects as if there were only one election and only one form of ballot shall be used. SECTION 3: That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 4: That the City Council of the City of Tustin recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reim- burse the County for any additional costs incurred. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~u~g~T~l~_5: That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange. SECTION 6: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the books of original resolutions. PASSSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of , 1987. MAYOR ATTEST: CITY CLERK SDA :JGR:se :R: 01/12/87 (a7 8) DATE: MAY 14, 1986 Inter -Corn FROH: S UBJ ECT: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY'S OFFICE - PROCEDURES FOR CONSOLIDATION OF MUNICIPAL AND GENERAL ELECTIONS You have recently requested that this office review those pro- cedures which must be implemented in order to consolidate a general municipal election with the statewide general election. Although not required by law, other cities submitted the question of consolidation of the elections to the voters prior to initi- ating proceedings to consolidate. Another method of ascertaining voter sentiment concerning the question of consolidation would be to schedule a public hearing on this issue, and provide notice of the public hearing to all registered voters. Although such a public hearing could prove costly if mailed notice is provided, the expense should prove to be less costly than a special elec- tion. After having submitted the question of consolidation of elections to the voters, at a public hearing or in a special election, or after determining to proceed to consolidate without submitting the question of consolidation to the voters, the City Council may enact an Ordinance requiring its general municipal election to be held on the same day as the statewide general election. The City's Ordinance would become operative upon approval by the. Board of Supervisors. Such an Ordinance would be approved by the Board 'of Supervisors unless the ballot style, voting equipment, or computer capability is such that additional elections or materials cannot be handled. As the result of the adoption of an Ordinance consolidating elections, no term of office shall be increased or decreased by more than ten (10) months. At the same time that the City Council adopts an Ordinance to consolidate the general municipal election with the general statewide election, the City shall, file with the Board of Super- visors (and a copy with the County Clerk), at least 88 days prior to the date of the election, a Resolution of the City Council requesting consolidation and setting forth the exact form of any question, proposition, or office to be voted upon at such elec- tion, as the same is to appear on the ballot. A question or proposition to appear on the ballot shall conform to the pro- visions of the Elections Code .governing the wording of proposi- tions submitted to the voters of a statewide election. (Elec- tions Code Section 23302.) Within thirty (30) days after the Ordinance requiring the City's general municipal election to be held on the same day as the statewide general election becomes operative, the City Clerk shall-mail a notice to all registered voters informing the voters of the change in the election date. The notice shall also inform the voters that as a result in the change in the election date, elected City officeholders terms in office will be changed. If the general municipal election is held on the same day as the statewide general election, those City officers whose terms of office would have, prior to the adoption of the Ordinance, ex- pired on the. Tuesday succeeding the second Tuesday in April of an even numbered year, shall instead, continue in their offices until no later than the fourth Tuesday after the day of the general municipal election, and until their successors are elected and qualified. (Government Code Section 36503.5.) The names of the candidates to appear upon the ballot where City offices are to be filled shall be filed with the County Clerk no later than 81 days prior to the election. (Elections Code Sec- tion 23302.) Whenever a municipal election is consolidated with a regularly scheduled election, the period for the filing of nomination documents by candidates shall commence on the ll3th day prior to the election. The nomination documents shall be filed not later than 5:00 P.M. on the 88th day prior to the regularly scheduled election in the office of the appropriate officer during regular office hours~ -(Elections Code Section 23302.5.) In .case of the consolidation of any election called by the City Council with an election held in the County in which the City is situated, the City Council may authorize the Board of Supervisors to canvass the returns Of the election. If this authority is given, the election shall be held in all respects as if there were only one election, only one form of ballot shall be used, and the return for the election need not be canvassed by the City Council. (Elections Code Section 23306.) The precincts used at the c~nsolidated election shall be those used for the statewide election, and where necessary, the County Clerk may adjust pre- cinct lines to coincide with the boundaries of the particular jurisdiction. (Elections Code Sections 23303, 23314.) If the City adopts an Ordinance consolidating its general municipal election with the statewide general election, the municipal election following the adoption of the Ordinance, and each municipal election thereafter, shall be conducted on the date specified in the Ordinance unless the Ordinance in question is later repealed by the City Council. If the date of the general municipal election is consol-idated or .is changed to be held on the same day as the statewide general election, at least one election shall be held before the Ordinance, as approved by the Board of Supervisors, may be subsequently repealed or amended. .. If you have any questions, please do not hesitate to contact the under si gned. ~ SUZ ANNE ATKINS '~ITY ATTORNEY DEi~TY CITY ATTORNEY SDA: cj :D:05/13/86(22) SDA:cj :R: 05/13/86 (22)