02-06-1996 - Protest Hearing Process for Library CFDCity of West Covina
Memorandum
To . City Council
FRoM City Manager's Office
AGENDA
ITEM NO, x-1
SUBJECT Protest Hearing Process for Library CFD DATE 2/6/96
SUMMARY As directed by the City Council, staff is proceeding with conducting a protest
hearing by mail to all residential and commercial parcel owners of West Covina regarding the
Library's countywide Community Facilities District. A time schedule has been devised to
conclude the process by May 20th and report the results to Council early June, 1996. The first
deadline is March 1 to file arguments in favor of and in opposition to the CFD.
DISCUSSION City staff has met with representatives from the County Library and Berryman &
Henigar, the assessment engineers, to discuss the details of the protest hearing and have agreed on
the items that need to be done and the time frame in which to complete them. The time schedule
is attached for your information.
Berryman & Henigar will print the postcard that will be inserted into a window envelope: The
postcard will be' designed with perforations to detach the return portion from the message portion
A brief message from the City Council explaining why the recipients are receiving the information
and encouraging a return vote on the matter will be on the front and the City Attorney's impartial
analysis will be on the back. The return portion will include the proposed assessment amount, an
opportunity to vote yes or no, a signature line, and the due date. The postcards will be addressed
to the City Manager's Office and return postage paid by the City.
The window envelope will contain the printed message "Official City Council Advisory Survey
Information and Return Postcard Inside" as well as "Return by May 20, 1996." To be included in
this envelope will be an insert of the pro and con arguments regarding the CFD, if any. are
received by March 1, 1996, the deadline for the submittal of arguments.
POSTCARD QUESTION
The commercial and residential parcel owners will be asked to vote yes or no on the
question posed to them on the postcard. Staff has developed the following question and requests
Council's concurrence or revision:
Should the City Council approve the inclusion of West Covina
within the County Library Community Facilities District, with an -
annual assessment on your parcel approximately equal to the
amount printed on this card?
ARGUMENTS FOR AND AGAINST CFD
. In discussing the protocol for argument submittals, we felt that (1) it would be
inappropriate for staff members of either the County Library system or the City to prepare
arguments and that (2) there should be a fair and impartial method in selecting the arguments,
should more than one be submitted for either side. The Elections Code addresses this issue in
Section 9287, which, if incorporated into the protest hearing process, satisfies our desire to be fair
and impartial in making the selections. We have reworked the wording in EC § 9287 to
accommodate the protest hearing format while retaining the preference and priority as outlined in
the Code:
a) The legislative body, or member(s) thereof authorized by that body.
b) The bona fide sponsors or proponents of the proposed CFD.
c) Bona fide associations of citizens.
d) Individual parcel owners who are eligible to vote on the measure.
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Clearly, the City Council, as the full legislative body or as individual members, has preference and
priority in authoring either argument. However, in that it is the City Council that will take final
action, based in part on the results of the protest hearing, the Council may feel that authoring an
argument for this County -initiated issue is inappropriate and elect to pass on this component of
the process.
Friends of the Library have already expressed interest in providing the favoring argument. If
Council wishes to override Friends of the Library, or submit an opposing argument, or elect to
pass on the argument segment of this process, Council may do so. No action is necessary this
evening; although, if Council knows this evening that it or one of its members is desirous of
submitting an argument, it would be helpful if the authorization is given tonight. In doing so, City
staff will be able to inform other interested! people that any other competing arguments received
would be preempted by Council. If no decision is reached on this issue tonight, City staff will
simply follow the order of preference and priority, as stated above, on March 1, 1996, the
deadline for the submittal of arguments.
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RECOMMENDATION'
It is recommended that Council review and revise the proposed postcard question and to
authorize Council or Councilmembers to author arguments, if so desired.
Steve Wylie
Time Line for Protest Hearing Process
The following time schedule was agreed upon as workable
for each of the participating entities.
2/6
Staff report to Council re opportunity to submit arguments
for inclusion in the mailing.
3/1
Deadline to receive comments favoring and opposing the
CFD.
3/1 to 4/1
Print Shop to purchase and print envelopes, typeset and
print comments; Berryman & Henigar to typeset and print
postcards.
4/10
Deliver materials to mail'' house for stuffing and mailing.
4/22
Mail protest hearing material to parcel owners.
5/20
Deadline to receive return postcards to City Hall.
5/22
Deliver returned postcards to. Berryman & Henigar for
tallying.
6/1
Berryman & Heniger to submit results of the protest hearing
to City.
6/ 11
Staff report to Council conveying the results of the postcard
survey. Council to decide on course of action to convey to
County Library.
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