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HomeMy WebLinkAboutOB 2 ANNEXATION 121 01-05-81DATE: January 5, 1981 Inter-Corn TO: HONORABLE MAYOR AND CITY COUNCIL FROM: DAN BLANKE~SHIP, CITY ADMINISTRATOR SUBJECT: IRVINE-DEAN STREET ANNEXATION NO. 121 The Staff has partially completed its analysis of the protests on Annexation No. 121. The assessed valuation analysis has not bcc~n complete due to the short time since the hearings, the holidays and scheduled vacations. Registered voters - There are 378 registered voters as of the Nov~r roll and a 50 percent protest would require 189 registered voters. The protests contained 171 registered voters, or 45.2 percent. This is enough to require a vote, but not to "kill" the annexation. As the City Clerk's memo indicates, the majority of petitions are not technically valid since no date was attached. Tnis could permit a ruling of less than 25 percent protest and ordering the annexation completed. However, the use of such technicality is not recommended due to the obvious intent of an 'almost majority of the registered voters. Assessed Valuation - This information is not available but could he available in a week if still needed. Parcel Count - An unofficial measure of the protest is found by determining how many parcels have an owner, registered voter or renter represente~ on the petitions of protest. By this ~]m~ittedly unofficial measure, 139 parcels of the total 218 parcels in the annexation are protesting, or 63.8 percent. According to Dr. Fleagle, the City has no authority to terminate the proceedings, but must set the matter for a vote at a general election if the protest is over 25 percent, but less than 50 percent. That would apparently mean an election in June of 1982. This may be an advantage since a favorable vote is not expected at this time. ~COMMEND~ A~ION: Direct Staff to prepare a resolution setting the decision for an election in June 1982 or, if the assessed valuation comes in over 50 percent, to prepare a resolution terminating the proceedings. Respectfully submitted, City Administrator DB:~t DATE: TO: FROH: SUB J ECT: January 5, 1981 inter-Corn Honorable Mayor and City Council Members, via Dan Blankenship, City Administrator R.K. Fleagle, Community Development Consultant Annexation No. #121 (Irvine-Dean) FINDINGS 1. Pursuant to Section 35228 of the Government Code, there are three alterna- tives available to the City Council on an inhabited annexation matter: a. Terminate proceedings if written protests have been filed and not withdrawn by 50% or more of the registered voters. Order the territory annexed subject to the confirmation by the voters, and call a special election, if written protests have been filed and not withdrawn by either 25% or more of the registered voters or owners of land who own not~less than 25% of the total assessed value. c. Order the territory annexed Without an election if written protests have been filed by less than 25% of the owners of land and 25% of the registered voters. Pursuant to Section 35205 of the Government Code, any written protest must show the date that each signature was affixed to such protest. On the basis of this requirement, less than 25% of the registered voters of the area have filed a valid protest to the annexation. If credit is given to the protests, they represent less than 50% of the registered voters and more than 25%. The value of protests of the owners of property has not as yet been determined. DISCUSSION Technically, the protests that were filed against Annexation No. 121 are not valid for lack of a date showing when each signature was affixed to the peti- tion. When a protest to an annexation represents more than 25% and less than 50% of the registered voters or owners of less than 50% of the assessed value of the land, the Council is obligated to call a special election. It is recommended that a resolution be adopted ordering the annexation of the territory subject to the confirmation by the voters at the next regular elec- tion, which shall be not less than 75 days after the date of the adoption of the resolution. This action would be consistent with the majority petition that was submitted to the City Council on December 29, 1980, requesting that the matter be subject to the majority vote of the residents. January 5, 1981 page 2. RECOMMENDED ACTION Direct staff to determine the value of property owner's protests and to pre- pare a resolution for Council consideration on January 19, 1981 either termi- nating annexation proceedings if the protests represent 50% of the assessed value of the area, or ordering the submission of the matter to the voters of the area at the next regular election in June 1982. DATE: TO: FROM: SUBJECT: January 5, 1981 Inter-Corn Dan Blankenship Number of Protests of Registered Voters I obtained the latest Index of Precinct Registrations from the R~gistrar of Voters and have calculated the following statistics regarding Annexation 121: 378 registered voters in this annexation.. 189 protests of registered voters needed to terminate the annexation procccdings. 171 protests of registered voters have been validated. However, the majority of the petitions received were not dated and therefore are not valid if we w~nt to be technical. The original petition was received in the mail on December 30, 1980. We received one protest dated Dec. 30, 1980 which we did not count as it was received after the Public Hearing. lVlg2~ Eo W~ City Clerk o~'t~ Protesting Residents, Registered Voters Protesting Residents, Not Registered Voters,