TUSTIN : Election Foes Thwart Precinct Approval

The City Council’s approval of precincts and polling places for the April election--usually a routine matter--was thwarted this week when Councilmen John Kelly and Earl J. Prescott voted against it.

Kelly, who is running in the April election, and Prescott say they opposed establishing details of the election because they oppose the whole idea of an April election.

They have unsuccessfully tried to block April elections, using a referendum drive and a lawsuit against former Councilman Ronald B. Hoesterey.

The suit claims Hoesterey was not a legal resident when he voted with the City Council majority on Nov. 20 to switch the city’s election from November to April. That was Hoesterey’s last City Council meeting before he resigned.

The referendum was ruled illegal by state and city officials and the lawsuit dismissed.

“I think the election’s going to get thrown out on a technicality,” Prescott said Wednesday. “They should have counted their votes back in October.”

City Atty. James G. Rourke said he is not sure what action the city will take to ensure that the election proceeds on April 10, as planned.

Although Kelly and Prescott’s suit was dismissed in January, no finding was issued regarding Hoesterey’s residency.

Kelly on Tuesday also asked the council to defer payment of $3,623 in legal fees for Hoesterey’s defense in that lawsuit. But Mayor Richard B. Edgar refused to do it, following the city attorney’s advice.

He and Councilwoman Ursula E. Kennedy reaffirmed their belief that Hoesterey was a legal resident at that time.

“Mr. Hoesterey was sued vindictively in your capacity as private citizens,” Kennedy said.

Kelly and Prescott maintain that they oppose April elections because they attract fewer voters than November elections and cost the city more to run. Other council members argue that April elections attract voters who are more concerned and informed about local issues.