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HomeMy WebLinkAboutOld Business #1 6-22-87DATE: 3tree 16, 1987 OLD BUS INESS NO.-1 6-22-87 Inter-Corn FROH: SUBJECT: HONORABLE I~AYOR AND MEI~BERS OF THE CITY COUNCIL CITY ATTOI~]EY ANNEXATION NO. 139 We have reviewed the protests and f'acts relative to this annexation and advise you as follows: There are 176 registered voters in the territory of the proposed annexation. · One-half of these registered voters is 88. The Registrar of Voters found 95 "Sufficient" protests· Attached is a copy of the Registrar's Certificate As To Number of Qualified Voters· The Registrar only checks. to see 1) that someone with a name like each signature is a registered voter, and 2) that the person is regis- tered at an address within the annexation territory. We question several signatures because of name var- iances and residence questions· · However, more importantly, more than 20 of the signa- tures the Registrar of Voters deemed "Sufficient" are dated prior to May 9, 1987, the date of publication of the notice of the protest hearing. The elimination of the 20 protests would' put the total valid protests at less than 50% but more than 25%. · Government Code Section 57051 contains the following provisions regarding protests: "Each written protest shall show the date that each signature was affixed to the protest· all signa-. ture~ without a date or bearing a date prior to the date of Dublica-' tion of the notice shall be disre- ga=ded..." Page 2 · · We realize that there were two notices of hearings published in connection with this annexation proceed- ing, which appears to explain why many protests were signed too early to conform to the code requirements. However, the code is very explicit in its requirements and 20 signatures simply do not conform to the code. It certainly can be argued, with considerable merit, that both notices of hearings were essentially for the same protest hearing and that all protests which were signed and dated on or after the publication of the first notice should be deemed valid, nevertheless the code is quite specific in its direction that protests undated or dated before May 9, 1987 are to be disre- garded. We have been furnished with considerable material which we are advised was handed out by the persons who carried the protest petitions, which indicates that the purpose of the protests was to insure that the proposed annexation be put to an election of the residents within the annexation territory. The protest petitions themselves state that without the protests the resi- dents will not be given the opportunity to vote for or against the annexation. · There is a strong public policy in favor of providing election rights to the public whenever possible. · Accordingly, our recommendation to the City Council is as follows: That the City Council find that less than a majority but more than a 25% protest has been filed, confirm the annexation, subject to approval of the registered voters residing within the annexation territory and set the matter for a special election. Attached is Resolution 87-7~~: JA~E~.--RO~3RKE City Attorney JGR :se :D: 06/11/87 (a20) Encl osur es NERAL SERVICES AGENCY' REGISTRATION & ELECTIONS DIVISION A.E. OLSON. REGISTRAR OF VOTERS 1:]00 S. Grancl Avenue Santa Aria. CA 92705 ~714t 834-2244 IIL&. SCOTT D,mcto~. Gen~'al SewN:es Agency M&~iing A~lms$: P.O. Box 112~8 Santa Aria. Cahfomm& 92711 June 3, 1987 Mary Wynn, City Clerk City of Tustin 300 Centennial Way Tustin, California 92680 Dear Ms. Wynn: Enclosed is our Certificate as to Number of Qualified Voters for the petition protesting the Proposed Annexation of County of Orange Residential Territory to the City of Tustin, No. 139 'E~en i ngs i de-Ra i nbow". . : "-':,':" ":" Territory is 176. The number of regis~tered voters in the Eveningside-Rainbow A. E. Olson "~',~.~ Registrar of Voters Enclosure CERTIFICATE AS TO NUMBER'OF QUALIFIED VOTERS State of California) County of Orange I, A. E. Olson, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the attached petition protesting the Proposed Annexation of County of Orange Residential Territory to the City of Tustin, No. 139 "Eveningside-Rainbow". I further certify that from said examination I have determined the following facts regarding these documents' -~ l~u~ber ~' o'f s-i gna tures verified· Number of signatures found "sufficient"' .Number of signatures found "not sufficient"' · , 102 95 Number of signatures fo.~nd ' "not sufficient" Uecause of ~ein~1 duplicate signatures' ~w~tal number of registered voters in the described portion' 176 gated this 3rd day of June, 1987. '" 4'' Registrar of- Voters Orange County. RESOLUTION NO. 87-71 A RESOLUTION OF THE CIT~ COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING avaRINGSIDE- RAINBO# ANNEXATION NO. 139 SUBJECT TO CON- FIRNATION OF THE VOTERS, CALLING AND GIVING NOTICE OF A SPECIAL'ANNEXATION ELECTION FOR av~IHGSIDE-RAINBOW ANNEX&TION NO. 139 TO THE CITY OF TUSTIN TO BE HELD IN TERRITORY PRO- POSED FOR ANNEXATION ON TUESDAY, THE 3RD OF NOVENBER, 1987, AS REQUIRED BY THE PROVISIONS OF THE LANS OF THE STATE OF CALIFORNIA RE- LATING TO THE CALL AND CONDUCT OF SUCH SPECIAL ELECTION AND PROVIDING FOR THE FILING OF i~IGON~---,7., AND REBU'I~AL A]iGUNEHTS 9 WHEREAS, under the provisions of law' relating to the annexa- tion of inhabited territory by a city, specifically pursuant to 10 'Part 4 of Title 5, Division 3, commencing with Sections 5600 et ~.q~. of the Government Code of the State of California, this City 11 Council did properly cause a 'Notice of Public Hearing' to be published and thereafter did on Nay 26, 1987, hold such public 12 hearing; and 13 WHEREAS, protests have been filed in a number less than 50% of those voters within the territory proposed for annexation. 14 NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, 15 CALIFORNIAw DOES ~qY RESOLVE, DK(~r. au~ AND ~-~'a~qINB AS FOLLOWS: 16 ~-~tnn 1: That all of that territory described as the Eveningside-Rainbow Annexation No. 139 to the City of Tustin be 17 annexed to the City of Tustin subject to confirmation by a majority of the duly registered voters residing in said territory. -18 ~-~ton ~: That Eveningside-Rainbow Annexation No. 139 19 consists oi territory bounded by Browning Avenue on the west, La Colina on the north, The Irvine Ranch on the east, and Irvine 20 Boulevard on the south, and is made' for the purpose of increasing the economy and efficiency.of the full range of government services 21 provided, for residents of the annexation territory by:.incorporating said territory which lies within the City of Tustin's sphere of 22 influence. 23 ~f~.n a: That the affected territory will not be taxed for existing general bonded indebtedness of the City of Tustin. 24 Rfs-~*'~on 4: -That pursuant to the proviSions of california 25 Government. Code Sections 57075 and 57100, there shall be and there is hereby called and ordered a special election to be held in said 26 territory on Tuesday, November 3, 1987, between the hours of A.N. and 8:00 P.No, for the purpose of ascertaining whether the 27 voters residing therein confirm and agree to the annexation of said territory. 28 1 .~c~4o, ~: That notice of said special election shall be g'iven and published by the City Clerk pursuant to California 2 Government Code Section 57130. - ~-~4on 6: That within five (5) days from date of this Resolution the Clerk shall transmit, by certified mail, a certified copy of this Resolution and any additional information required by Government Code Section 57144 to the Executive Officer of the Local Agency Formation Commission. 6 ~-~.4o- 7: That pursuant to the provisions of California Government Code Section 57145, arguments for the annexation and 7 arguments against the annexation may be submitted in writing by the conducting authority, or member or members of the conducting au- 8 thority authorized by it, or any individual voter or an association of citizens entitled to vote on the annexation (not to exceed 300 9 words in length) and shall be filed with the City Clerk for printing and distribution in the ballot pamphlet not later than 10 July 27, 1987. Only one argument for and one argument against shall be selected by the City Clerk and printed in the ballot 11 pamphl et. 12 $~-~.~o- ~': That pursuant to Section 5014~ of the Elec- tions Code of the State of California, if any person submits an 13 argument against a city measure, and an argument has been filed in favor of the city measure, the City Clerk shall immediately send 14 copies of that argument to the persons filing the argument in favor of the city measure. The persons filing the argument in favor of 15 the city measure may prepare and submit a rebuttal argument not exceeding 250 words. The City Clerk shall send copies of the argu- 16 ment in favor of the measure to the persons filing the argument against the city measure, who may prepare and submit a rebuttal 17 argument to the argument in favor of the city measure not exceeding 250 words. The rebuttal arguments shall be filed with the City 18 Clerk not later than August 10, 1987. 19 ~-~.~on q: The annexation area is within Precinct No. 72-272 with polling place located at Tustin Memorial School, 12712 20 Browning Avenue., Santa Ana, California 92705. 21 ~-~.~on lQ: The City Council, pursuant to:.its right and . authority so to do, does hereby determine that there: shall be and 22..there is hereby ordered submitted to the registered voters within the annexation territory at said election the following question, 23 to-wit: 24 25 26 27 Shall the-order-adopted ~une 15, 1987 by the City Council of the Cit:F of Tustin o~dering the annexation to the Cit~F' of Tustin of the te~ito~F described in that o=de-~ '~nd designated as Eveniugside-qA~.bow Annexation No. 139 be confirmed? Yes No 28 2 1 A cross (+) placed in the voting square after the word 'YES" shall be counted in favor of adoption of the measure. A cross (+) 2 placed in the voting square after ~he word 'NO" shall be counted against adoption of the measure. ~-~.~o~ 11: A canvass of the ballots' cast shall be con- 4 ducted pursuant to Sections 17080 - 17089 of the Elections Code and determination of the 'proposal-shall be based upon the majority 5 votes of eligible voters within the subject territory casting a vote. 6 ~-t~on ~-: That in all other particulars not provided- 7 for, the Clerk shall 'c~nduct the election as provided by law. 8 ,q~c~.4o.- l_~: That the City Clerk shall certify to the passage and adoption of this Resolution~ shall enter the same in 9 the book of original Resolutions of said City~ and shall enter the passage and adoption thereof in the minutes of the proceedings of 10 the City Council.meeting of said city at which the same is passed and ado~ced. 11 PASSED AND .ADOPTED at a regular meeting of the City Council 12 of the Cit]~ of Tustin held on the day of , 1987. 13 14 15 1~ ATTEST: Isa:Fox: 17 18 19 (C44A) C,,t ty 20 21 , 24. 25 27 28 .