HomeMy WebLinkAboutCC RES 79-093ii
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RESOLUTION NO. 79-93
A RESOLUTION' OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY,
THF 8TH DAY OF APRIL, 1980, FOR THE ELECTION
OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF TIFF STATE
OF CALIFORNIA RELATING TO GtNEPAL LAW CITIES
A.ND ' FOR THE SUBMISSION TO THE QUALIFIED
ELECTORS OF SAID CITY OF CERTAIN QUESTIONS,
PROPOSITIONS, OR MEASURES RELATING TO THE
PROHIBITION OF THE SALE AND USE OF FIREIV74RKS
AND RELATING TO THE REAPPORTION14ENT OF SALES
TAX AND USE TAX
WHEREAS, under the provisions of the laws relating to
general law cities in the State of California, a regular general.
municipal election shall be held on the 8th day of April., 1950,
for the election of three members of the City Council of said
City for the full term of four years and a City Clerk of said
City for the full terra of four years; and
WHEP.EA.S , the City Council of the City of Tustin further
desires to submit to the qualified electors of said City at
said election the question, proposition, or measure relat-ing
to the prohibition of the sale and use of fireworks in the
City hereinafter set forth; and
WHEREAS, the City Council of -the City of Tustin further
desires to submit to the qualified electors the advisory clues --
tion, proposition, or measure advising the Governor and Legis-
lature of the State of California to reapportion the six
percent sales tax and use tax so that two cents, rather than
the present one cent, be allocated to be used by cities and
counties and special districts for priority local services,
rather than by the State for State distribution or State
reserves;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER
AS FOLLOWS:
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SECTION l.. That pursuant to the requirements • of the laws
of California relating to general law cities within said State,
,.
there shall
be and there is hereby called and ordered. held --
in the City of Tustin, County of Orange, State of California,
on Tuesday, the 8th'day of April, 1980, a regular general
municipal election of the qualified electors • of said City! for
theP urpose of electing three members of the City Council. of
said City for the full term of four years and a City Clerk of
said City for the full term of four years*
SECTION N 2 . That said City Council, pursuant to its right
�,ECTIO� .
and authority to do so, does hereby determine that there shall
be and there is hereby ordered submitted. to the qualif ied
electors of y
said Cit at said regular general municipal. election
the following question, to wit:
Shall an ordinance of the
City of Tustin prohibiting
the sale and use of
fireworks be adopted?
YES
NO
A cross (+) placed in the voting square after the word
"YES" in the manner hereinbefore provided shall be counted in
favor of the adoption of the question or proposition. A
crossP
+) laced in the voting square after the word "NO"
in the manner hereinbefore provided shall be counted against
the adoption of the question or proposition.'
TheP roposed ordinance submitted to the voters for adop�
tion by this resolution reads as follovTs :
"The people of the City of Tustin do ordain as
follows: 4
1. Section 5132d of the Tustin City Code is
amended to read - as f of lows
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'Amendment of Article. -12, Fireworksf
Article XII is hereby amended to read
as
follows
ARTICLE XII - FIREWORKS
Section 12.101 Fireworks Defined
FIREWORKS shall mean and include an co •
y mbust.�b1E
or explosive composition, or any.substance o combina-
tion
combina-
tion of substances, or devicere ared f
P P or the
purpose of producing a visible or an audible f
�' f eCt
by combustion, explosion, deflagration,
or d.e-tona--
tion, and shall .i.nclude blank cartridges, '
� toy pistols,
toy cannon, toy canes, or toy guns in which
exp],osives
are. used, f ire -crackers , torpedoes skyrockets Y ckets, Roman
candles, Daygo bombs, sparklers, or other devices
e Ices
of -like construction and any devices containing
any explosive or flammable compound, or an tablet
et
or other device containing an explosive - p e substance,
except that the term "fireworks" shall not include
any auto flares, paper caps containing in
-
excess
i'.
excess of an average of twenty-five hundredths
of a grain of explosive content per cap
and
toy pistols, toy canes, toy guns or other devices
for use of such caps, the sale and use of which
shall be permitted at all times. lrc:
also include all fireworks listed in Section 1250,
Part 2, Division 11, of the Health and Safety
Code of the State of California as said section
now exists or may be hereafter amended by the
State -of California.
Section 12.102 Fireworks Prohibited,
No person, firm, or organization shall
manufacture, store, display, Sell,. offer for sale,
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possess, discharge, explode, fire, or set off any
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fireworks within the City of Tustin except as
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provided in Section 12-103 herein.
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Section 12.103 Exceptions
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Nothi. na in this Article shall be construed
�
to Y railroads or
prohibit the use of fireworks b 1
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other transportation agencies for signal purposes,
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, for illumination,-or the sale or use of blank cart--
g
ridges for a show or theater, or for signal or
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ceremonial purposes in athletics or sports, or
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for use -by military organizations . Supervised
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public pyrotechnic displays may be allowed as
13provided
P for in special permit by the City Council ,
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and in conformance with applicable State laws.'"
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SECTION 3. That said City Council, pursuant to its ,
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right and authority to do so, does hereby determine that there
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shall be and there is hereby ordered submitted to the qualified
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electors of said City at-said regular general municipal el.ec--
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tion the f of lowing question, to wit:
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ADVISORY VOTE ONLY
2.
Shall a resolution of the YES
City of Tustin advising
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the Governor and State �
Legislature to reapportion
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the State sales tax and NO
use tax be adopted?
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A cross (+) placed in the voting square after • the word
2"
"YES" in the manner hereinbefore provided shall be counted
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in favor of the adoption of the question or proposition.
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A cross (+) placed in the voting square after the word "No"
o
in the manner hereinbefore provided shall be counted against
the adoption of the question or proposition.
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The proposed resolution submitted to the voters for -:
adoption by this resolution reads as follows:
"RESOLUTION RELATING TO THE DISTRIBUTION
OF LOCAL SALES TAX REVENUE
WHEREAS, local governments in California provide
many essential public services such as police protection,
fire protection, and parks and recreation; and
WHEREAS, of the 6% sales tax. collected in California,
only 1%. is levied by local agencies, the remainder being
levied by the State for State di stribution or placement
in State reserves; and
UvHERE'AS, by adopting this resolution, the people
of the Ci}y of Tustin have no intention of supporting
a change in the distribution of the existing 10 local
sales tax; and
WHEREAS, it is the intention of the people of
the City of Tustin that of the' sales tax retained by the
State and not distributed to, local agencies, an additional
1¢ should be distributed to local agencies;
NOW, THEREFORE, the people of the City of Tustin,
California, resolve as follows:
The Governor and Legislature of the State. of
California are advised that:
It is the will of the people of the City of Tustin
that the Governor and Legislature apportion the existing
6¢ sales and use tax so that 2¢, rather than the present
1¢, be allocated to be used by cities and counties and
special. districts for priority local services, rather
than by the State for State distribution or State
reserves.
It is understood that if the Governor and Legis-
lature so act.. - -any f unds resulting therefrom which would
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cause the City to exceed a spending limit imposed by
a vote of the people of the City of Tustin or the State
of California shall, in accordance with the provisions
of the limitation, be returned to the people.
Further, it is the will of the people that the
Governor and Legislature. enact such allocation into
laver .no later than July 1, 1980, to avoid enactment of
this proposal through the initiative process to cure
legislative default."
SECTION 4. That the ballots to be used - at said election
shall be,, both as -to form and clatter contained therein, such
as may be required by law to be used thereat.
SECTION 5. That the City Clerk of.. said City is hereby
authorized, instructed, and directed to procure and furnish
all official ballots, notices, printed matter, and all
supplies, equipment, and paraphernalia that may be necessary
in order to properly and lawfully conduct said election.
SECTION 6. That the polls for said election shall be
open at seven o'clock a.m. of the day of said election and
shall remain open continuously from said time until eight
o' clock p.m. of the same day, when said polls shall be closed,
except as provided in Section 14301 of the Elections Code of
the State of California.
SECTION 7. That in all particulars not recited in this
resolution, said election shall be held and conducted as pro-
vided by law for holding municipal elections in said City.
SECTION 8. That notice of the time and place of hold-ing
said election is hereby given and the City Clerk is hereby
authorized, instructed, and directed to give such further
or additional notice of said election in time, form, and
manner as required by law.
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SECTION 9. That the City Clerk shall cert'
iflow.
y to the passac
and adoption of this resolution; shall enter the same • �.n the
book of original Resolutions of - said'
City' and shah, make a
minute of the passage and adoption thereof in the records of .
the proceedings of the Cit Council •
Y 1 of said C.zty. In the minutes
of the meeting at which thea
s me is passed and adopted.
SECTION lQ . That. this resolution shall take effect .
immediately .
PASSED, APPROVED AND ADOPTED this' 17thday ay o f December
1979.
' A
Ma or Pro Tem
ATTEST:
City Clerk 0
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STATE-3 OF CALIFORNIA
COMITY OF ORIA"NGE SS
r
CITY OF TUSTIN 3
-� - - ffi.c�.o Clerk of the City Council of the
R[3T'rI C. POS:.. � City Clerk and ex o � that the -Whole number of
City of Tustin, California, does hereby certify e
C y that th
o it Council of the City of Tustin �s five; ,
the. mcBmbers of the City was duly and regularly
above and foregoing Resolution No. 79-93 it Council
• ed and adopted at a regular meeting
of the. City
introduced,- .}pass , 1979, by the following
held on the 17th day of December
vote:
Tum. COT ;-CIL.NMN: Saltarelli, Sharp, Kenned Welsh
rJFS : CO's :CIL:,,1E�t: None
P-3 c N T. CGS C.IT, IEN: Schuster
3
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Pas City erk, ty of s in, C ifor i..a
TZEJ`x"ri C. ,