HomeMy WebLinkAboutOld Business #1 8-3-87 We have. reviewed the protests and facts relative to this
Annexation and advise you as follows:
1. There are 422 registered voters in the territory of the
proposed Annexation.
2. One-half of these registered voters is 211.
3. The Registrar of Voters found 162 "Sufficient" pro-
tests. Attached is a copy of the Registrar's Certificate as to
the number of qualified voters. The Registrar only checks to see
(a) that someone with a name like each signature is a registered
voter, and (b) that the person is registered at an address within
the Annexation territory. A challenge has been raised by a resi-
dent of the annexation territory regarding the actual residency
of a number of persons who are on the Registrar of Voters' rec-
ords as registered voters residing within the territory of An-
nexation No. 141. The challenge suggests that some of the pro-
testors may be ineligible. A thorough investigation of this
challenge would take considerable time and prevent the Annexation
question from being included on the November 3, 1987, ballot.
4. Accordingly, our recommendation to the City Council is
as follows: That the City Council find that less than a major-
ity, but more than 25% protests have 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 No. 87- 90 for adoption. In
addition, we have prepared Resolution No. 87-91 requesting the
Board of Supervisors to permit the Registrar of Voters to conduct
a. special election for Annexation No. 141.
If you have any question~in regard to this matter, please
do not hesitate to conta~-~f~ undersigned.
$~g~WNE ATKINS
CIT~ATTORNEY DEPUT~CITY ATTORNEX
SDA:cj :R: 07/28/87 (C249)
Attachment
cc: WH
~ CERTIFICATE AS TO NUMBER OF QUALIFIED VOTERS
State of California)
) SS.
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 Propos. ed Annexation of County of Orange
Residential Territory to the City of Tustin, No. 141 "Prospect/Vandenberg".
I further certify that from said examination I have determined the
following facts regarding these documents:
Number of signatures verified: ~80
Number of signatures found "sufficient": 162
Number of signatures found "not sufficient": ~8
Number of signatures found
"not sufficient" because of
being duplicate signatures: 12
Total number of registered voters in the described portion: 422
Dated this 23rd day of July, 1987.
A. OLSON
Registrar of Voters
~ ~=~[ ~~ y)_~ Orange County
1 RESOLUTION NO. 8?- 90
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ORDERING PROSPECT-
3 VANDENBERG ANNEXATION NO. 141 SUBJECT TO CON-
FIRMATION OF THE VOTERS, CALLING AND GIVING
4 NOTICE OF A SPECIAL ANNEXATION ELECTION FOR
PROSPECT-VANDENBERG ANNEXATION NO. 141 TO THE
5 CITY OF TUSTIN TO BE HELD IN TERRITORY PRO-
POSED FOR ANNEXATION ON TUESDAY, THE 3RD OF
6 NOVEMBER, 1987, AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA RE-
7 LATING TO THE CALL AND CONDUCT OF SUCH SPE-
CIAL ELECTION AND PROVIDING FOR THE FILING OF
8 ARGUNENTSANDREBUTTALARGUMENTS
9 WHEREAS, under the provisions of law relating to the annexa-
:ion of inhabited territory by a city, specifically pursuant to
10 Part 4 of Title 5, Division 3, commencing with Sections 5600 et
seq. 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 CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
16 Section 1: That all of that territory described as the
Prospect-Vandenberg Annexation No. 141 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
Section 2: That Prospect-Vandenberg Annexation No. 141
19 consists of territory bounded by Prospect Avenue on the east,
Vandenberg Lane and the present City boundary on the north, the
20 Orange County Flood Control District Channel on the south, and the
present City boundary on the west, and is made for the purpose of
21 increasing the economy and efficiency of the full range of govern-
ment services provided for residents of the annexation territory by
22 incorporating said territory which lies within the City of Tustin's
sphere of influence.
23
Section 3: That the affected territory will not be taxed
24 for existing general bonded indebtedness of the City of Tustin.
25 Section 4: That pursuant to the provisions of California
Government Code Sections 57075 and 57100, there shall be and there
26 is hereby called and ordered a special election to be held in said
territory on Tuesday, November 3, 1987, between the hours of 7:00
27 A.M. and 8:00 P.M., for the purpose of ascertaining whether the
voters residing therein confirm and agree to the annexation of said
28.territory.
1
Section 5: That notice of said special election shall be
2 given and published by the City Clerk pursuant to California
Government Code Section 57130.
3
Section 6: That within five (5) days from date of this
4 Resolution the Clerk shall transmit, by certified mail, a certified
copy of this Resolution and any additional information required by
5 Government Code Section 57144 to the Executive Officer of the Local
Agency Formation Commission.
6
Section 7: That pursuant to the provisions of California
7 Government Code Section 57145, arguments for the annexation and
arguments against the annexation may be submitted in writing by the
8 conducting authority, or member or members of the conducting au-
thority authorized by it, or any individual voter or an association
9 of citizens entitled to vote on the annexation (not to exceed 300
words in length) and shall be filed with the City Clerk for
10 printing and distribution in the ballot pamphlet not later than
August 14, 1987. Only one argument for and one argument against
11 shall be selected by the City Clerk and printed in the ballot
pamphlet.
12
Section 8: That pursuant to Section 5014.5 of the Elec-
13 tions Code of the State of California, if any person submits an
argument against a city measure, and an argument has been filed in
14 favor of the city measure, the City Clerk shall immediately send
copies of that argument to the persons filing the argument in favor
15 of the city measure. The persons filing the argument in favor of
the city measure may prepare and submit a rebuttal argument not
16 exceeding 250 words. The City Clerk shall send copies of the argu-
ment in favor of the measure to the persons filing the argument
17 against the city measure, who may prepare and submit a rebuttal
argument to the argument in favor of the city measure not exceeding
18 250 words. The rebuttal arguments shall be filed with the City
Clerk not later than August 24, 1987.
19
Section 9: The annexation area is within Precinct No.
20 72-266 with the Polling Location at 17591 Norwood Park Place,
Tustin, CA 92680
21
Section 10: The City Council, pursuant to its right and
22 authority so to do, does hereby determine that there shall be and
there is hereby ordered submitted to the registered voters within
23 the annexation territory at said election the following question,
to-wit:
24
City Council of the City of Tustin orde'ring Yes
26 the annexation to the City of Tustin of the ---
territory described in that order and No
27 designated as Prospect-Vandenberg Annexation
No. 141 be confirmed?
28
2
1
A cross (+) placed in the voting square after the word "YES"
2 shall be counted in favor of adoption of the measure. A cross (+)
placed in the voting square after the word "NO" shall be counted
3 against adoption of the measure.
4 Section 11: A canvass of the ballots cast shall be con-
ducted pursuant to Sections 17080 - 17089 of the Elections Code and
5 determination of the proposal shall be based upon the majority
votes of eligible voters within the subject territory casting a
6 vote.
7 Section 1~: That in all other particulars not provided
for, the Clerk shall conduct the election as provided by law.
8
Section 13: That the City Clerk shall certify to the
9 passage and adoption of this Resolution; shall enter the same in
the book of original Resolutions of said City; and shall enter the
10 passage and adoption thereof in the minutes of the proceedings of
the City Council meeting of said city at'which the same is passed
11 and adopted.
12 PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin held on the day of ,
13 1987.
14
15 Mayor
16 ATTEST:
17
18 City Clerk
19 (C246)
20
21
22
23
24
25
26
27
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3
1 RESOLUTION NO. 87- 91
2 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA~ REQUESTING TEE BOARD
3 OF SUPERVISORS OF THE COUNTY OF ORANGE TO
PERMIT THE REGISTRAR OF VOTERS TO CONDUCT A
4 SPECIAL ANNEXATION ELECTION FOR TERRITORY
KNOWN AS PROSPECT-VANDENBERG ANNEXATION NO.
5 141 TO BE HELD IN TERRITORY PROPOSED FOR
ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER,
6 1987
7 WHEREAS, a Special Annexation Election is to be held in the
territory known as Prospect-Vandenberg Annexation No. 141 on
8 Tuesday, November 3, 1987~ and
9 WHEREAS, it is the desire of the City to request the County
of Orange to conduct the Special Annexation Election~ and
10
WHEREAS, all necessary expenses in performing this service
11 shall be paid by the City of Tustin.
12 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
13 FOLLOWS=
14 Section 1: That pursuant to the provisions of Section
22003 of the Elections Code of the State of California, this City
15 Council hereby requests the Board of Supervisors of said County to
permit the Registrar of Voters to conduct a Special Annexation
16 Election for territory known as Prospect-Vandenberg Annexation No.
141.
17
Section 2: That said City shall reimburse said County
18 for services performed when the work is completed and upon presen-
tation to the C~ty of a properly approved bill.
19
Section 3: That the City Clerk is hereby directed to
20 forward without delay to said Board of Supervisors and to said
Registrar of Voters, each a certified copy of this Resolution.
21
PASSED AND ADOPTED at a regular meeting of the City Council
22 of the City of Tustin, California, on , 1987.
23
24
Mayor
25 ATTEST:
26
City Clerk
27 (C247)
28