Loading...
HomeMy WebLinkAbout03-13-1986 Minutes City of San Bernardino, California March 13, 1986 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at the Adjourned Regular Meeting held on Thursday, March 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said Meeting held on Thursday, March 6, 1986, at 1:40 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:15 a.m., Thursday, March 13, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Richard Bennecke, Admini- strative Assistant to the Mayor. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Quiel. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, Acting City Administrator Schweitzer. Absent: None. PUBLIC HEARING - ANNEXATION - DEL ROSA ISLANDS - NINE ISLANDS LOCATED IN THE DEL ROSA AREA In a memorandum dated December 23, 1985, Roger Hardgrave, Director of Public Works/Engineering, proposed the annexation of the unincorporated area generally located north of Highland Avenue between Waterman Avenue and Boulder Avenue, which was discussed at the Regular Meeting of the Mayor and Common Council, held January 6, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Discussion was held during the meeting of January 6, 1986, regarding the percentage of people in the area who voted for annexation at the last election, and the population of the area. At the meeting of January 6, 1986, Mayor Wilcox read from a LAFCO resolution, which encouraged the City to go forward with the proposed annexation, and she provided population figures and a breakdown of minority residents. Discussion was also held concerning press release of the proposed annexation, reapportionment of the wards after annexation, the time limit in which to file written protest against the proposed annexation, public notice, hearing dates, costs for notification of affected parties and surrounding communities, at the meeting of January 6, 1986. At the Meeting of January 6, 1986, the City Administrator's Office was directed to report back on January 21, 1986, regarding the matter of notification of affected parties and surrounding communi ties of the proposed annexat:o~. Resolution 110. 86~10, making application to the Local Agency Formation Commission of the County of San Bernardino for the annexation of the territory located generally north of Highland Avenue, between Waterman Avenue and Boulder Avenue, was adopted at the meeting of January 6, 1986. At the Regular Meeting of the Mayor and Common Council, held January 21, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Califor- nia, Deputy City Administrator Schweitzer provided a report regarding the annexation notification for the proposed annexation of the area north of Highland Avenue, between Waterman Avenue and Boulder Avenue. It was the consensus of the staff and the recommendation of Mr. Schweitzer, at the meeting of January 21, 1986, that it was not advisable for the City to deviate from the process set out in the newly enacted State law. It was further recommended that to avoid all challenges of impropriety, the City should strictly adhere to the law. A motion was made at the meeting of January 21, 1986, to support the staff's position on notification of the proposed annexation of property located north of Highland Avenue, between Waterman Avenue and Boulder Avenue. This is the time and place set for a public hearing to consider the proposed annexation of nine islands of inhabited and uninhabited territory located generally north of Highland Avenue, between Waterman Avenue and Boulder Avenue. Mayor Wilcox opened the hearing. Roger Hardgrave, Director of Public Works/Engineer_ ing, gave a report outlining the procedure for a public hearing, LAFC 2365, regarding the proposed annexation of property located generally north of Highland Avenue between Waterman and Boulder Avenues, as stated in his memorandum dated March 11, 1986. Shauna Clark, City Clerk, gave a report of the number of protests against the proposed annexation having been received. She stated that there is approximately a 43% protest. Six protests were received by mail; 2,046 protests were brought to the City Clerk's Office by Laurie Tully of the Citizens Against Annexation on March 12, 1986; approximately 523 protests were brought to the City Clerk's Office by Laurie Tully of the Citizens Against Annexation on March 12, 1986. Shauna Clark, City Clerk, further reported that the first step in the verification process is to determine that those who signed protests are registered voters. During the protest period, the computers at the Registrar of Voters broke down, so a list of registered voters in the Del Rosa annexation area could not be obtained. Due to time lost during the breakdown, the Registrar offered to use her staff to check the protests for the City to 2 3/13/86 determine that the signers of the protests are registered voters. Yesterday, they reported that of the first 2,046 protests, 1,888 are valid. The Registrar of Voters is Etill checking the 523 protests received on March 12, 1986, to determine their validity, so a validated count is unavailable at t.1is time. Assuming that all 523 a.:e valid, the protests would not exceed the 50% necessary to terminate the proceedings. These percentages are based on the latest registration count of 5,631 residents in the proposed annexation area. Mayor Wilcox asked if there was anyone present who wished to withdraw their written protest. There was no response from the audience. Mayor wilcox asked if there was anyone present who had not protested, but who wished to be heard on the proposed annexation. There was no response from the audience. Mayor wilcox asked if anyone had any questions. Discussion was held code concerning holding annexation and the cut-off regarding the language of the an election on the proposed point of accepting protests. Dennis Johnson, 28540 E. Highland Avenue of the Citizens Against Annexation Committee, questioned the base figure of registered voters used in calculating the protest percentage, and stated he could submit more pro- tests if given more time. Shauna Clark, City Clerk, stated that the records of the Registrar of Voters were purged as of March, 1986. The March 10,1986, report of the Registrar of Voters indicates that there are 5,631 registered voters in the area. This amount was used as the base to calculate the protest percentage. The Mayor and Common Council discussed with members of the Citizens Against Annexation Committee their method of handling the protests. The Citizens Against Annexation mailed protest cards to the registered voters within the annexation area. The cards were addressed for return mail to the Citizens Against Annexation. The Citizens Against Annexation in turn hand delivered the cards to the City Clerk's Office. Laurie Tully, 27957 Pasito, Highland, explained why the Citizens Against Annexation had the protests returned to them. Citizens Against Annexation kept track of the postcards so that they would not duplicate their work during follow-up. The City Attorney answered questions regarding his role in reviewing the protest cards for legal sufficiency. He stated that he did not specifically approve the card, nor the concept of the cards being mailed to the Citizens Against Annexation instead of the City Clerk. City Clerk Clark explained that the second step in the protest verification process is to physically compare the signature on the cards to the voter's affidavit of registration. 3 3/13/86 The Mayor and Common Counc i 1 agreed to give the Citizens Against Annexation and the protestors the benefit of the doubt and in doing so, waive the second half of the verification process. Greg Garcia, project Coordinator for the Mayor, spoke regarding the base figure used in computing the protest percentage. He stated that according to Jim Roddy, Executive Director of LAFCO, historically, some cities have used the registration figure at the opening of the protest period (February 27, 1986 - 6,140) and other ci ties use registration at the close (March 13, 1986 - 5,631). Using each figure to determine the percentage of protest would yield vastly different results of 42% and 33% - worst and best case scenarios. Even though both percentage figures fall within the election range, their signifigance lies in their value as election result indicators - 42% indicating the likelihood an election could be lost; 33% indicating the likelihood an election could be won. Ross Jones of the Citizens Against Annexation Com- mittee, spoke regarding the percentage of protests as related to the total number of registered voters and the actual voter response at elections. The Council discussed the wording of the protest card which contained the following language, "The City of San Bernardino is Trying to Annex You and Your Property. Do You Want...to assume your share of the debts and obli- gations of the City of San Bernardino?.." Ray Schweitzer, Acting City Administrator, stated that the City does not have any debt, only short term lease payments, which are repaid each year by the Operating Budget. Council Member Quiel made a motion, seconded by Council Member Reilly, that the public hearing regarding the proposed annexation of the nine islands in the Del Rosa area, be closed. Dennis Johnson, Citizens Against Annexation, spoke regarding the method used by the committee to process protests. William Bieber, 5714 Palomar, San Bernardino, a citizen living in the proposed annexation area, spoke against the proposed annexation. The motion of Council Member Quiel, seconded by Council Member Reilly, that the public hearing regarding the proposed annexation of the nine islands in the Del Rosa area, be closed, carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. Council Member Marks made a motion, seconded by Council Member Quiel, that the City Attorney and City Clerk be directed to prepare within 30 days, the neces- sary documents to call for an election. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. None. Ayes: Frazier, Absent: 4 3/13/86 COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. ADJOURNMENT At 10:40 a.m., Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting be adjourned to the Regular Meeting of the Mayor and Common Council at 9:00 a.m., Monday, March 17,1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. -A//////'/71L?/7'3/ " ~ Shauna Clark 5 3/13/86