HomeMy WebLinkAbout15 DECLARING THE RESULTS OF THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTIONDocusign Envelope ID: E3598871-OCDO-4005-BA09-6603E5FCB82A
1'tY OAGENDA REPOR
MEETING DATE: DECEMBER 3, 2024
TO: ALDO E. SCHINDLER, CITY MANAGER
FROM: ERICA N. YASUDA, CITY CLERK
Agenda Item 15
Reviewed: Initial
City Manager
Finance Director N/A
SUBJECT: DECLARING RESULTS OF THE NOVEMBER 5, 2024, GENERAL
MUNICIPAL ELECTION
SUMMARY:
On November 5, 2024, the City's General Municipal Election was held to elect one Council
Member in each of the following Districts: 1, 2 and 4 and to cast ballots regarding Measure
II (revising the limitations on consecutive terms of the Mayor and members of the City
Council).
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resolution No. 24-87 declaring the results and other such matters as
provided by law for the November 5, 2024, General Municipal Election; and
2. Adopt Ordinance No. 1559 implementing the voters' approval of Measure II.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
BACKGROUND AND DISCUSSION:
Pursuant to Assembly Bill 3184, the County Registrar of Voters is prohibited from certifying
the results of the November 5, 2024, Presidential General Election prior to the 28th calendar
day following the election, except under specified conditions. Therefore, at the time of
publishing the agenda for the City Council meeting, the Registrar of Voters has not certified
the results but is expected to do so on December 3, 2024.
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City Council Agenda Report
Declaring the Results of the General Municipal Election
December 3, 2024
Page 2
The attached Resolution 24-87 will be updated with the election results once they are
certified by the Registrar.
Ordinances that are proposed to the voters that receive a majority of the votes cast on it at
the election are enacted without the need for a first and second reading by the City Council.
State law deems such ordinances to be adopted on the date that the vote is declared by the
City Council, and such ordinances go into effect 10 days after that date.
Ericcv N. Ya4u.cl-al
Erica N. Yasuda
City Clerk
Attachment 1: Resolution No. 24-87, Declaring the Results of the General Municipal
Election Held on November 5, 2024
■ Exhibit A: Certificate of Registrar of Voters Result of the
Canvass of the General Election Returns
Attachment 2: Ordinance No. 1559, Term Limits Revisions
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RESOLUTION NO. 24-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024, AND OTHER SUCH MATTERS AS
PROVIDED BY LAW
WHEREAS, the City's General Municipal Election was consolidated with the
Statewide General Election held and conducted in the City of Tustin, California, on Tuesday,
November 5, 2024, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided
by law; voting precincts were properly established; election officers were appointed and 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, the County Registrar of Elections has canvassed the returns of the
election and has certified the results to the 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 RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the whole number of ballots cast for election of a Member of the
City Council in District 1 in the vote centers, excluding vote -by -mail ballots, was (X); the
whole number of vote -by -mail ballots cast in District 1 was (X); making a total of (X) ballots
cast in District 1.
That the whole number of ballots cast for election of a Member of the City Council in
District 2 in the vote centers, excluding vote -by -mail ballots, was (X); the whole number of
vote -by -mail ballots cast in District 2 was (X); making a total of (X) ballots cast in District 2.
That the whole number of ballots cast for election of a Member of the City Council in
District 4 in the vote centers, excluding vote -by -mail ballots, was (X); the whole number of
vote -by -mail ballots cast in District 4 was (X); making a total of (X) ballots cast in District 4.
That the whole number of ballots cast for election of Members of the City Council in
in the vote centers City-wide, excluding vote -by -mail ballots, was (X); the whole number of
vote -by -mail ballots cast in the City was (X); making a total of (X) ballots cast in City-wide.
SECTION 2. That the names of persons voted for at the election for Member of the
City Council in District 1 are as follows: Lee Fink and Tanner Douthit.
Resolution 24-87
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That the names of persons voted for at the election for Member of the City Council in
District 2 are as follows: Bill Esbit, John Nielsen and Nathan Yeargin.
That the names of persons voted for at the election for Member of the City Council in
District 4 are as follows: Lana Clay and Ryan Gallagher.
SECTION 3. The measure voted upon at the election is as follows:
"Shall an ordinance revising the limitation on consecutive YES
terms of office for the Mayor and Members of the City
Council be adopted?" NO
SECTION 4. That the number of votes given at each precinct and the number of
votes given to each of the persons above named for the respective offices for which the
persons were candidates are listed in "Exhibit A" attached.
SECTION 5. The City Council does declare and determine that:
(X) was elected as Member of the City Council in District 1 for the full term of
four years,
(X) was elected as Member of the City Council in District 2 for the full term of
four years, and
(X) was elected as Member of the City Council in District 4 for the full term of
four years.
SECTION 6. As a result of the election, a majority of the voters voting on the measure
relating to Council term limits voted [Yes] [No] and that the measure was [approved] [not
approved].
SECTION 7. That the City Clerk shall enter on the records of the City Council of the
City of Tustin a statement of the result of the election showing: (1) The whole number of
votes (ballots) cast in the City; (2) The names of the persons voted for; (3) For what office
each person was voted for; (4) The number of votes given at each precinct to each person;
and (5) The total number of votes given to each person.
SECTION 8. The City Clerk shall immediately make and deliver to each of the
persons so elected a Certificate of Election signed by the City Clerk and authenticated. The
City Clerk or authorized person shall also administer to each person elected the Oath of
Office prescribed in the Constitution of the State of California and shall have them subscribe
to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then
be inducted into the respective office to which they have been elected.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
Resolution 24-87
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 3rd day of December, 2024.
AUSTIN LUMBARD,
Mayor
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
FDocu Signed by:
.�d�a'
DA 8EF3I"31G,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 24-87 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of December,
2024, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA N. YASUDA,
City Clerk
Resolution 24-87
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ORDINANCE NO. 1559
AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN,
CALIFORNIA REVISING THE LIMITATIONS ON CONSECUTIVE TERMS
OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL
Pursuant to California Elections Code section 9222, the people of the City of Tustin
do hereby ordain as follows:
SECTION 1. Section 1307 of the Tustin City Code is hereby repealed in its entirety
and revised to read as follows:
1307- LIMITATION ON CONSECUTIVE TERMS OF MAYOR AND MEMBERS OF
THE COUNCIL
(a) Findings 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
electoral systems 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 section is to ensure a free and democratic system of
fair elections, and to encourage qualified candidates to seek public
office, by limiting the powers of incumbency, by establishing limitations
upon the number of consecutive terms and consecutive years which a
person may be elected to serve as Mayor, as a member of the City
Council, or any combination thereof.
(b) ,Limitation on Consecutive Elected Terms: Any person who has served as a
member of City Council or in the office of Mayor, or any combination thereof,
for three consecutive terms or for twelve consecutive years, whichever is less,
shall not be eligible to be elected to the City Council or to the office of Mayor
for a period of eight calendar years from the last date of service on the City
Council or as Mayor.
Ordinance No.1559
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(1) If the person's service of the third consecutive term or the twelfth
consecutive year ends in December after a general election, that person
shall be eligible to run and be elected in the general election in November
of the calendar year eight years later. (For example: if a Council member's
third term ends upon certification of election results in December 2050, then
that person would be eligible to be elected in November 2058
notwithstanding that the election is less than eight full years after the last
date of service in 2050.)
(c) ,Definition of a Term: When a person serves less than a full term as member
of the City Council or as Mayor due to appointment, resignation, vacancy, or
due to special election to fill a vacancy, such service in office shall be counted
toward the limitation on consecutive elected terms if the individual served two
or more years (728 days or more) of that term.
(d) Appointment to Fill a Vacancy: This section shall not be construed to prevent a
person from being appointed to fill a vacancy on the City Council or in the office
of Mayor at any time.
(e) ,Retroactivity: Pursuant to California Government Code section 36502(b), this
section shall apply prospectively only. This section shall apply to the terms of
office commencing with the election in November 2024. Terms that are
commenced, and years that are served, as members of the City Council or as
Mayor prior to November 2024 shall not be included when calculating the
number of terms or years served for purposes of this section.
SECTION 2: Ordinances 1126, 1175, and 1180 are hereby repealed in their
entirety, effective upon the effective date of this ordinance.
SECTION 3: Pursuant to California Elections Code 9217, this ordinance shall be
become valid and binding if a majority of the voters voting on the proposed ordinance
vote in its favor. It shall be considered as adopted upon the date that the vote is declared
by the City Council, and shall go into effect 10 days after that date.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause,
or phrase in this Ordinance, or any part thereof, is for any reason held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance, or any part thereof. The People of the City of Tustin hereby declare that they
would have passed this Ordinance and each section, subsection, subdivision, sentence,
clause, and phrase thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, or phrases are subsequently declared
unconstitutional or otherwise invalid or ineffective.
Ordinance No. 1559
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ADOPTED by vote of the People of the City of Tustin on the 5th day of November,
2024, and declared and certified by the Tustin City Council on the 3rd day of December
2024.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
7�'Z'179
DAVtD8E37KEtqDIG
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk, and ex off icio Clerk of the city Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is 5; that the adoption of the above and foregoing Ordinance Number
1559 was duly declared and certified by the Tustin City Council at a meeting held on the
3rd day of December, 2024, by the following vote:
COUNCILMEMBERS AYES:
COUNCILMEMBERS NOES:
COUNCILMEMBERS ABSTAINED:
COUNCILMEMBERS ABSENT:
COUNCILMEMBERS RECUSED:
ERICA N. YASUDA,
City Clerk
Ordinance No. 1559
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