HomeMy WebLinkAboutOld Business #2 6-22-87AG.E'i DA
DATE:
June .1.6, 1987
OLD' BUS INESS
NO. 2
6-22-87
Inter-Corn
HONORABLE HAYOR AND MEI(BERS OF THE CITY COUNCIL~///'
FROth: CITY ATTORNEY
S USJ EC.T: ANNEX]kT ION NO. 140
We have reviewed the protests and facts relative to this
annexation and advise you as follows:
I ·
There are 2531 registered voters in the territory.
One-half of these registered vo'ters is 1265.5.
1910 protests were submitted. T. he Registrar of Voters
found 1310 "Sufficient" protests, 600 "Not Sufficient",
including 515 duplications. 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 registered at an
address within the annexation territory. We question
several additional signatures (fewer than a dozen)
because of name variances and residence questions.
·
However, more importantly, more than 90 of the
signatures the Registrar of Voters deemed "Sufficient"
are either undated or dated prior to May 9, 1987, the
date of publication of the notice of the protest hear-
ing. The elimination of the 90 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-
tures without a date or bearing a
date PriOr to the date of Dublica-
tion of the notice shall be disre-
ga r 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 more than 90 signatures simply do not conform to
the code. It certainly can be argued, with consider-
able merit, that both notices of hearings were essen-
tially for the same protest hearing and that all prb-
tests 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 disregarded.
·
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 and that without the
protests the residents would be denied an opportunity
to vote on the proposed 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 87-72 for adoption.
City Attorney
JGR :se .'D: 06/11/87 (a20a)
Encl osur es
RESOLUTION NO. 87-72
A RESOLUTION OF THE CIT'-Y COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ORDERING LA COLINA-
BRO#NII~ i~NEX~TION NO. 140 SUBJECT TO CON-
FIRP. ATION OF THE VOTERS, C~LLING AND GIVING
NOTICE OF it SPECIItL' ItNNEI~TION RLECTION FOR
LA COLIN~-BRO~NING I~IqEXATION NO. 140 TO THE
CITY OF TUSTIN TO BE HELD IN TERRITORY PRO-
POSED FOR ANNEXATION ON TUESDAY, THE 3RD OF
NOVEIqBER, 198~, AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA RE-
LitTING TO THE C&LL itND CONDUCT OF SUCH
SPE~ ELECTION ~ PROV.t~ING FOR THE FILING
OF ~R~NEIFI'S AND REBUTTItL ~NRNTS
9 NREREAS, un,er 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 May 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
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
15 CA[~FOENIA, DOES H~Y RESOLVE, DECr. am~ AND DETERMINE AS FOLLONS:
16 ~,--,..to. '~ = That all of that territory described as the
La Colina-Browning Annexation No. 140 to the City of Tustin be
17 annexed to the City of Tuatin subjec~ to confirmation by a majority
of the duly registered voters residing in said territory.
18
~,~_*'~nn '~: That. La Colina-Browning Annexation No. 140
19 consists of territory bounded by Browning Avenue on the east, La
Colina on the north, Newport Avenue on the west and Burnt Mill Road
20 and the present Tustin city limits on the south, and is made for
the purpose of increasing the economy and efficiency of the full
21 range of government services provided for residents o.f the annexa-
tion territory by incorporating said territory which lies within
22 the City of Tustin*s sphere of influence.
23 ~q,-,~.ton a: That the affected territory will not be taxed
for ex~sting general bonded indebtedness of the City of Tustin.
24
.~_~.4fln 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 7:00
A.M. and 8:00 P.M., for the purpose of ascertaining whether the
27 voters residing therein' confirm and agree to the annexation of said
territory.
28
1 $~-~ton ~: That notice of said'special election shall be
given and published by the City Clerk p.ursuant to California
2 Government Code Section 57130. _
~¢tton 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
Gove~.nment Code Section 57144 to the Executive Officer of the Local
Agency Formation Commission.
6 ~-t.to- 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. 0nly one argument for and one argument against
shall be selected by the City Clerk and printed in the ballot
11 Pamphlet.
12 ~-~to- s: 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
20
21
22
23
24
25
26
27
28
,~-t.ton q: The annexation area is within the
following Precinc~cs and polling places:
Precinct No.:
Polling Location:
72-258
13051 Dean Street
Tustin, CA 926 80
Precinct No.:
Poll ing Location:
72-259
16 81 Tiff any
Santa Ana, CA 92705
Pr · cin ct No.:
Polling Location:
Precinct No.:
Polling Location:
72-260
1201 Irvine Boulevard
Tustin, CA 926 80
-.
72-261
1762 Sierra Alta Drive
Santa Ana, CA 92705
Precinct .No.:
Polling Location:
Part of 72-318
12301 Redhill Avenue
Santa ~a, CA 927 05
3 Precinct No.: 72-321
Polling Location: 1826 Blueberry
4 Tustin, CA 926 80
F~n~.4., ln: The City Council, pursuant to.its righ~ and
authority so to do, does hereby determine that there shall be and
there is hereby ordered submitted to the registered voters within
the annexation territo.ry at said election the following question·
to-wit:
8
9
10
11
Shall the ozde= adopted June 15, 1987 by the
City Council of the C~ty of Tustin orde=~ng
the annexation to the Cit]? of Tust~n of the
te~Etto£y desc£ibed in that o£de£ and
designated as La Colina-B~owning A~__~exati0n
No. 140 be conf i=med?
Yes
No
12
A cross (+) placed in the voting square a~ter the word *YEs'
13 shall be counted in favor of adoption of the measure. A cross (+)
placed in the voting square after the word *NO* shall be counted
14 against adoption of the measure.
15 R~n*ton l l: A canvass of the ballots cast shall be con-
ducted pursuant to Sections 17080 - 17089 of the Elections Code and
16 determination of the proposal shall be based upon the majority
votes of eligible voters within'the subject territory casting a
17 vote.
18 .q~nt-,ton l?_: That in all other particulars not provided
for, the CZerk shall conduct the election as provided by law.
19
R~nt:,~on lq: That the City Clerk shall certify to the
20 passage and adoption of this Resolution; shall enter the same in
the book of original Resolutions of said City; and shall enter the
21 passage and adoption thereof in the minutes of the proceedings of
the City Council meeting of said city at which the ~ame is passed
22 and adopted.
23 PASSED AND ADOPTED at a regular meeting of the ci y Council
of the Cit]~ of Tustin held on the day of ,
24 1987.
25
l, la¥o=
26 ATTEST: -.
27
C~ty Clerk
.' ~ ?~~~~l~ 0 U N'1'¥ 0 I~
NERAL SERVICES AGENCY
RANGE
REGISTRATION & ELECTIONS DIVISION
A.E. OLSON. REGISTRAR OF VOTERS
1300 $. Grar~l Avenue
Santa Aha. CA 92705
{714~ 834-2244
June 3, 1987
R. A. SCOTT
D,rectof. General Sew,cos Agency
.lYlliiJl"lg AIXIr~$:
P.O. Box 11298
Santa Aha. C,,ahfom~a 92711
Mary Wynn, City Clerk
City of Tustin
300 Centennial. Way
Tustin, California 92780
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. 140 "La Colina-
Brown i ng".
~e .number of registered voters in the La Colina-Browning Territory
is 2,53'1.
Registrar of Voters
~.~closure
CERTIFICATE AS TO NUMBER 'OF QUALIFIED VOTERS
State of California)
) SS.
County of Orange )
I, A. E. Ol$on, 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. 140 "La Col ina-Browning".
I further certify that from said examination I have determined the
following facts regarding these documents:
Number of signature's verified-
Number of signatures found "sufficient"'
Number of. signatures found "not sufficient"-
Number of signatures found
"not sufficient" because'of
being duplicate signatures'
515
1,910
1.310
600
Total number of registered voters in the described portion- 2,531
Dated this 3rd day of June, 1987.
A. E. OLSON
Registrar of Voters
Orange County