[1) CALL TO ORDER: Mayor]
[00:00:22]
>> MADAM CLERK, IS THAT DIRECTION FOR ME THAT WE CAN CONTINUE?
>> AT THIS TIME, ARE WE GOING TO GIVE THE INSTRUCTION TO EVERYONE TO SWITCH TO A PARTICULAR LANGUAGE?
>> YES. CAN YOU GUYS PLEASE SWITCH TO THE LANGUAGE YOU PREFER?
>> SHOULD THE MUTE ORIGINAL AUDIO BE ON OR OFF, MADAM CLERK?
>> YOU SHOULDN'T HAVE THE PROBLEM, HOLD ON.
DONNY CAN YOU HEAR US? EVERYONE ELSE DOES THAT'S OKAY.
GIVE US ONE MINUTE, MR. REYNA.
>> PERFECT. MR. REYNA, YOU CAN GO AHEAD AND PROCEED.
>> THANK YOU, MADAM CLERK. I GUESS THE ANSWER TO MY QUESTION IS THAT THE TOGGLE FOR THE ORIGINAL AUDIO SHOULD REMAIN OFF. IS THAT CORRECT?
>> THANK YOU. PUBLIC COMMENTS,
[4) PUBLIC COMMENTS]
WE'RE ONTO ITEM 4, PUBLIC COMMENTS.THIS PORTION OF THE MEETING IS RESERVED FOR PERSONAL DESIRING TO ADDRESS THE COUNCIL AND INCLUDING THE COUNCIL ACTING AS THE GOVERNING BOARD FOR THE SUCCESSOR AGENCY ON ITEMS ONLY ON THIS AGENDA AND OVER WHICH THE COUNCIL AND SUCCESSOR AGENCY HAS JURISDICTION.
AUDIENCE PARTICIPATION IS LIMITED TO TWO MINUTES PER SPEAKER.
IF YOU WOULD LIKE TO MAKE A VERBAL COMMENT USING ZOOM, PLEASE USE THE RAISE HAND BUTTON TO REQUEST TO SPEAK.
IF YOU'RE USING A TELEPHONE, PLEASE DIAL NINE ON YOUR TELEPHONE KEYPAD.
IT WILL BE CALLED UPON BY THE NUMBER YOU'RE CALLING FROM WHEN IT IS YOUR TURN TO SPEAK.
PLEASE STATE YOUR NAME FOR THE RECORD BEFORE YOU BEGIN YOUR COMMENT.
ONCE YOUR TIME HAS EXPIRED, YOU WILL BE MUTED.
ANYONE WHO HAS NOT PROVIDED THEIR COMMENTS BY THE CLOSE OF THE PUBLIC COMMENT PORTION OF THE MEETING, CAN EMAIL THEIR COMMENTS TO THE CITY CLERK AS @CITYWASCO.ORG, AND THEIR COMMENTS WILL BE INCLUDED IN THE FINAL RECORD.
AT THIS TIME, DO WE HAVE ANY COMMENTS FROM THE PUBLIC, MADAM CLERK?
>> MONICA, YOU'RE MUTED I THINK.
>> WE DO HAVE A PUBLIC COMMENT.
>> CAN YOU HEAR US MISS. HERNANDEZ? YOU MAY ADDRESS THE COUNCIL.
>> YES, THE WAY YOU'RE SPEAKING.
>> THIS IS THE PORTION WHERE WE COULD COMMENT REGARDING THE PROTESTS RATE INCREASE. IS THAT CORRECT?
>> YES, I BELIEVE THAT IS CORRECT.
[00:05:03]
>> OKAY. I SEND SOME PICTURES TO MRS. CLERK MARTINEZ.
I'M NOT SURE IF SHE HAS THAT READY.
>> WE'LL BRING THAT UP REAL QUICKLY.
>> MRS. HERNANDEZ, WOULD YOU MIND STATING YOUR FIRST NAME?
>> I'M SORRY. I'M DENISE HERNANDEZ.
>> MR. REYNA, CAN YOU SEE THE [OVERLAPPING]
>> THE SCREEN. PERFECT. YOU CAN GO AHEAD AND SPEAK, DENISE.
>> I HAD SOME SUGGESTIONS FOR THE PROTESTS RATE INCREASE.
I WAS HOPING THAT WE COULD PROVIDE A PROTEST FORM WITH A MAILED NOTICES OF RATE INCREASES TO ALL OWNERS AND CUSTOMERS RECORD EXAMPLES OF CITIES THAT HAVE DONE THIS, OR THE CITY OF SAN DIEGO, THE CITY OF MESA, AND THE CITY OF TURLOCK.
I WAS ALSO WONDERING IF YOU'RE GOING TO SEND THE NOTICES OUT IN ENGLISH AND SPANISH.
BECAUSE ACCORDING TO THE US CENSUS BUREAU, 82.2 PERCENT OF THE RESIDENTS ARE HISPANIC AND LATINO, AND 28.2 ARE FOREIGN BORN.
I HAD ANOTHER QUESTION, HOW ARE LLCS AND CORPORATIONS AND TRUST, HOW ARE THEY GOING TO BE ABLE TO PROTEST? I KNOW THAT THE CITY OF MESA PROVIDED AN AREA WHERE IF THEY'RE NOT THE INDIVIDUALS IS NOT AN OWNER BUT AN LLC, A TRUST OR A CORPORATION MAKE IT AN AUTHORIZED SIGNATORY COULD SIGN FOR THEM.
I WANTED TO TALK ABOUT THE SECTIONS THAT YOU WANTED TO ADD TO THE ORDINANCE.
>> CITY ATTORNEY, CAN YOU GIVE ME SOME GUIDANCE ON THAT?
>> I DIDN'T KNOW THERE WAS ANYTHING ABOUT THE ORDINANCE ON THE AGENDA.
>> THAT'S CORRECT. THEY WERE JUST APPROVE A RESOLUTION ESTABLISHING THE GUIDELINES FOR THE SUMMATION AND TABULATION OF PROTEST.
>> WHERE YOU HAD SECTIONS, YOU WERE GOING TO ADD?
>> I'M SORRY, I DIDN'T UNDERSTAND THAT.
>> YOU'RE GOING TO ADD C ON SECTION 8E.
WHAT THE CITY MEANS IS ALTERED IN ANY WAY THAT RAISES QUESTIONS.
WHAT IS THE CRITERIA THE CITY CLERK WAS GOING TO DEEM THOSE PROTESTS INVALID? WHAT ABOUT HOME OWNERS AND CUSTOMERS OF RECORD THAT CANNOT READ OR WRITE ENGLISH? IF THEIR CHILD, NEIGHBOR, OR PASTURE HELPS THEM FILL IT OUT, WILL IT BE THROWN OUT? AS YOU KNOW MANY IN THE COMMUNITY RELY ON OTHERS TO HELP THEM FILL OUT AND UNDERSTAND FORUMS. ALSO ON SECTION 9, IT SAYS, THE CITY CLERK IS NOT SUBJECT TO INTERNAL REVIEW AND IS FINAL IF THEY WANT TO THROW OUT ANY OF THE PROTEST LETTERS.
I THINK IT NEEDS TO BE FAIR AND TRANSPARENT.
THERE SHOULD BE A PROCESS TO CHALLENGE A PROTEST THAT IS THROWN OUT.
>> I'M SUGGESTING THAT THERE SHOULD BE ONE.
>> THAT'S WHAT I'M SUGGESTING. I KNOW THAT ON HERE IT SAID ON SECTION 9, YOU GUYS WERE LOOKING FOR TRANSPARENCY, SO I THINK THAT WOULD REALLY HELP IF THAT'S SOMETHING THAT THE CITY WOULD ADD.
IN CONCLUSION, OTHER CITIES HAVE MADE GREAT EFFORTS TO MAKE THE PROCESS EASY FOR RESIDENTS TO PROTEST AND TO HAVE THEIR VOICES HEARD.
THE CITY OF WASCO SHOULD WANT THE COMMUNITY INVOLVEMENT.
I WAS JUST HOPING IF YOU GUYS COULD LOOK AT THOSE SAMPLES THAT OTHER CITIES HAVE A SENSE AND IF IT'S SOMETHING THAT THE CITY COULD POSSIBLY DO. THANK YOU.
>> HONORABLE MAYOR AND CITY ATTORNEY, SUBJECT TO YOUR COUNSEL AT THIS POINT, I THINK A NUMBER OF MS. HERNANDEZ QUESTIONS CAN BE SUCCINCTLY AND CLEARLY ANSWERED AT THIS POINT AND LEAVE A MINIMUM AMOUNT OF INFORMATION TO CARRY OVER FOR FUTURE CONTACT IN THE BENEFIT OF THOSE THAT ARE GOING TO BE WATCHING THE MEETING LIVE OR THE RECORDING OF IT,
[00:10:03]
IT WOULD ANSWER THE QUESTIONS FOR THEM AS WELL.IF YOU BELIEVE THAT'S ADVISABLE.
>> WE TAKE THOSE IN ORDER, IS THAT THE NOTICE IS BEING DELIVERED IN BOTH ENGLISH AND SPANISH.
IT IS A BILINGUAL NOTICE THAT WAS DECIDED SOMETIME AGO.
WE HAVE A PROTEST FORM THAT WE HAVE SHARED WITH ANOTHER INDIVIDUAL THAT HAS EXPRESSED INTEREST IN ORGANIZING A PROTEST TO THE RATE INCREASE.
IT DOESN'T LOOK EXACTLY LIKE THE EXAMPLES THAT MS. HERNANDEZ PRESENTED, BUT IT DOES HAVE ALL SPACES FOR ALL OF THE REQUIRED INFORMATION CLEARLY MARKED ON IT.
WE COULD ABSOLUTELY TRANSLATE THAT AND PROVIDE THAT WITH THE NOTICE MAILING WITHOUT AFFECTING OUR CURRENT SCHEDULE.
IT WILL ADD TO THE PRINTING AND HANDLING AND MAILING COST OF THE NOTICE, OF COURSE, BUT IT CERTAINLY CAN BE DONE AND RELATIVELY EASY FOR STAFF TO ACCOMMODATE THAT WITH THE ADVANTAGE THAT THE FORMS THEN THAT WE RECEIVE BACK WOULD TEND TO BE MORE STANDARDIZED, IT WOULD ACTUALLY HELP IN THE TABULATION STEP AND VALIDATION STEP.
I WOULD HAPPILY ADD THAT TO OUR TASKS TO DO WITH THE NOTICE.
REGARDING LLCS OR OTHER CORPORATE ENTITIES, AS WE WILL DISCUSS IN SOME ADDITIONAL DEPTH TONIGHT, EACH APN, EACH REGISTERED PARCEL WITHIN THE WASCO CITY LIMITS WILL HAVE THE OPPORTUNITY TO SUBMIT A PROTEST, INCLUDING PARCELS THAT ARE HELD BY A CORPORATE ENTITY.
THE MAILING WILL GO TO THE REGISTERED CORPORATE HEADQUARTERS AND ANY PERSON WHO IS AUTHORIZED BY THAT ENTITY, CORPORATE LLC, PARTNERSHIP, CAN FILL IN AND SIGN THAT FORM AND SEND IT BACK ON BEHALF OF THAT PERSON.
OTHERS THAT HELP WITH FILLING OUT THE FORM, AS LONG AS THE PERSON WHO IS ACTUALLY ASSOCIATED WITH THAT PARCEL, THAT IS IN FACT ONE OF THE OWNERS OF RECORD OR IS THE CUSTOMER OF RECORD, AS LONG AS THAT PERSON SIGNS THE FORM, IF THEY HAVE A FAMILY MEMBER OR A NEIGHBOR OR SOMEBODY TO HELP THEM TO FILL IT OUT AND GET THE INFORMATION CORRECT, THAT IS NOT A PROBLEM AT ALL, BUT IT MUST BE AN ORIGINAL SIGNATURE OF THE AUTHORIZED PERSON.
WE DON'T HAVE ANY PROVISION FOR SOMEONE TO SIGN IN THEIR BEHALF.
THERE WAS A QUESTION ABOUT THE MARKINGS OR SOMETHING THAT MADE A PROTEST LETTER OR FORM APPEAR TO BE, LET ME GET THE EXACT TERM HERE THAT WAS USED.
I BELIEVE THAT WAS IN SECTION 8, THAT IT WAS ALTERED IN A WAY THAT RAISES A FAIR QUESTION.
THIS WOULD INCLUDE THINGS LIKE WHITE OUT ON THE FORM, SOMETHING THAT IS OBVIOUSLY ALTERED, TRACING OVER A SIGNATURE OR SOMETHING THAT IS CLEARLY A PROBLEM, THEN WE WOULD SET THOSE ASIDE FOR SEPARATE VERIFICATION.
THEY WOULD BE COUNTED IN THE INITIAL TABULATION.
THERE IS NO ATTEMPT TO VALIDATE ANY OF THE DATA ON THE FORMS AT THE TIME OF INITIAL TABULATION AS WE WILL DISCUSS TONIGHT, EXCEPT THAT THERE IS A WET SIGNATURE ON IT AND THAT THE ADDRESS OR APN SECTION IS COMPLETED.
IT WOULD HAVE TO BE A FAIRLY OBVIOUS EGREGIOUS ALTERATION TO THE FORM TO FALL INTO THE POINT WHERE WE WOULD EXCLUDE THAT PROTEST VOTE.
THEN AS FAR AS AN APPEAL PROCESS, I AGREE THE LAW DOES NOT PROVIDE FOR AN APPEAL PROCESS.
MY EXPECTATION IS THAT THE NUMBER OF PROTESTS RECEIVED ON THE NIGHT THAT WE DO THE INITIAL TABULATION, IT WILL BE VERY CLEAR WHETHER THERE IS AN AMOUNT SUFFICIENT TO ESTABLISH THE INEFFECTIVE PROTEST,
[00:15:05]
BELOW THAT NUMBER, THERE WILL NOT BE AND ABOVE THAT NUMBER, WE WILL GO THROUGH THE VALIDATION PROCESS.I WOULD EXPECT IF THERE IS A SIGNIFICANT NUMBER ABOVE THE THRESHOLD NUMBER THAT BARRING SOME REALLY UNUSUAL CIRCUMSTANCES, I DON'T SEE ENOUGH BALLOTS BEING INVALIDATED TO AFFECT THE OUTCOME.
THAT IS PART OF THE REASON THE COUNCIL IS CONSIDERING THIS RESOLUTION TONIGHT, IS TO TRY TO COVER THOSE EVENTUALITIES SO THAT THERE IS NO CONFUSION ON THE NIGHT OF TABULATION ON WHAT CONSTITUTES THOSE NUMBERS.
HOPEFULLY I'VE COVERED ALL THAT TO EVERYONE'S SATISFACTION.
IF NOT, CERTAINLY, MS. HERNANDEZ HAS BEEN IN DIRECT CONTACT WITH THE CITY CLERK.
IF THERE'S SOMETHING THAT DIDN'T GET ANSWERED DIRECTLY, SHE CAN REACH OUT AND WE'LL WORK ON GETTING THOSE ANSWERS FOR HER.
>> MR. HURLBERT THERE WAS A QUESTION AS TO WHETHER THE PROTEST FORM WILL BE SENT OUT TO ALL OWNERS ON RECORD.
>> WE ARE BLEEDING OVER INTO THE PRESENTATION FOR THE RESOLUTION THAT QUESTION WILL BE ANSWERED PROBABLY MULTIPLE TIMES HERE IN THE NEXT FEW MINUTES.
>> I JUST WANTED TO MAKE SURE THAT ALL OF THE QUESTIONS THAT MS. HERNANDEZ ASKED WERE ADDRESSED SO THANK YOU.
I APPRECIATE THAT. MADAM CLERK, DO WE HAVE ANY EMAIL COMMENTS?
>> MAYOR REYNA, WE DO NOT HAVE ANY EMAIL COMMENTS AT THIS TIME.
>> THANK YOU VERY MUCH. MOVING ON TO ITEM 5.
[5a. Approve a Resolution Establishing Guidelines For The Submission And Tabulation Of Protests In Connection With Enterprise Rate Hearings Conducted Pursuant To Article Xiiid, Section 6 Of The California Constitution. (Hurlbert)]
SPECIAL AGENDA ITEM A, APPROVE A RESOLUTION ESTABLISHING GUIDELINES FOR THE SUMMATION AND TABULATION OF PROTESTS IN CONNECTION WITH THE ENTERPRISE RATE HEARINGS CONDUCTED PURSUANT TO ARTICLE IS THAT 13 D I BELIEVE, SECTION 6 OF THE CALIFORNIA CONSTITUTION, MR. HURLBERT?>> YES. HONORABLE MAYOR AND MEMBERS OF THE COUNCIL.
TONIGHT WE ARE CONSIDERING A RESOLUTION AND THE PURPOSE OF THIS RESOLUTION IS TO CLARIFY THE PROCESS THAT WILL BE USED TO COLLECT AND INITIALLY TABULATE, AND ULTIMATELY VALIDATE ANY PROTEST FORMS OR VOTES AS IT WERE ABOUT THE UPCOMING READING CONSIDERED.
THIS RESOLUTION IS DESIGNED TO GUIDE THE COUNCIL AND STAFF IN ANY FUTURE 218 PROCESS THAT RESULTS IN A PROTEST ACTIVITY.
IT IS NOT GEARED SPECIFICALLY TOWARD THE CURRENTLY CONSIDERED SANITATION RATE, BUT RATHER JUST GENERALLY ON END-TO-END PROCESS.
THAT MADE THAT WILL ACCOUNT FOR SOME OF THE GENERIC OF LANGUAGE THAT WE FIND IN HERE.
THE STAFF IS RECOMMENDING APPROVAL OF THIS RESOLUTION.
IT IS AVAILABLE WITH THE REST OF THE AGENDA PACKET.
IT SEEMS CLEAR THAT THE FOLKS THAT ARE ONLINE TONIGHT HAVE REVIEWED THE RESOLUTION AS IT IS INCLUDED WITH THE AGENDA PACKET.
I'D LIKE TO GO OVER NOT LINE BY LINE, OR WORD BY WORD, BUT SECTION BY SECTION WITH THE GENERAL PROCESS THAT WILL OCCUR.
WE ARE ASSUMING WE WILL OCCUR OVER THE NEXT FEW WEEKS.
>> THAT'S TRIGGERED MR. HURLBERT, PLEASE PROCEED.
>> A PARCEL, THIS IS WILL ANSWER MS. HERNANDEZ FIRST QUESTION REGARDING WHO WILL RECEIVE THIS PARCEL, AS DEFINED IN THE LAW AND AS WE'RE USING IT IN THE RESOLUTION IS A PIECE OF LAND THAT IS DEFINED UNIQUELY BY THE COUNTY ASSESSOR AND AN APN NUMBER, AN ASSESSORS PARCEL NUMBER.
EVERY PARCEL, EVERY APN THAT APPEARS WITHIN THE WASCO CITY LIMITS ALSO CONTAINS AN ASSESSORS BILLING ADDRESS, AND THIS IS THE OWNER OF THE PROPERTY.
THE LAW REQUIRES US TO NOTIFY THE OWNER OF EVERY SINGLE PARCEL WITHIN OUR JURISDICTION.
[00:20:02]
THERE IS SOME THEORY THAT FOLKS THAT WE MIGHT SERVE OUTSIDE OUR JURISDICTION, THE ELDERLY MAY BE OUTSIDE THE CITY LIMITS.TECHNICALLY, WE'RE STILL PROVIDING SERVICES.
IN OTHER WORDS, THEY'RE AN ACCOUNT HOLDER WITH OUR UTILITIES, THEN THEY WOULD ALSO BE INCLUDED.
STAFF HAS RESEARCHED THIS AT THIS POINT IN TIME, AND AT THE TIME THAT THEY NOTICED WILL BE NAILED.
WE HAVE NO SANITATION CUSTOMERS FOR THAT UTILITY OUTSIDE THE CITY LIMITS.
THE TOTAL NUMBER AT OUR LAST TALLY, AND THIS IS SUBJECT TO MINOR CORRECTION, ONE OR TWO OR THREE PARCELS EITHER WAY.
BUT THERE ARE 5,568 APN NUMBERS UNIQUE TO THE CITY OF WASCO JURISDICTION.
THAT INCLUDES VACANT LAND, THAT INCLUDES A LOT THAT MAY HAVE A SINGLE HOUSE ON IT OR A BUSINESS OR A DUPLEX FOR THAT MATTER OR A MULTI-FAMILY DWELLING.
EACH OF THOSE HAS A UNIQUE APN.
THE LAW REQUIRES THAT AND THAT ALONE.
WE HAVE CHOSEN AND RECOMMEND, THE STAFF RECOMMENDS THAT WE ALSO INCLUDE TENANTS WHO ARE NOT THE OWNER OF AN APN, BUT THAT WILL BE AFFECTED BY THIS RATE CHANGE.
POTENTIALLY, SOME LANDLORDS MAKE THE UTILITIES PART OF THE RENT, SOME OF THE TENANT PAYS DIRECTLY.
WE DON'T ALWAYS KNOW THAT DISTINCTION ON A LOT BY LOT BASIS OR BY ADDRESS BY ADDRESS SPACES.
WE WILL BE GOING ONE STEP BEYOND AND WE WILL INCLUDE IN ADDITION TO THE 5,568 APNS, WE WILL ALSO INCLUDE THE APPROXIMATELY 1,100 TENANT ACCOUNTS THAT WE CURRENTLY MAINTAIN WITHIN THE CITIES UTILITY BILLING SYSTEMS. SOME ADDRESSES MAY GET TWO NOTICES AND THAT'S OKAY.
WE'LL HAVE APPROXIMATELY 5,600-5,700 NOTICES THAT WILL BE MAILED OUT.
THAT HAS BEEN A POINT THAT'S REQUIRED SOME RESEARCH AND IF THAT'S CONFUSING AM HAPPY TO TRY TO CLARIFY THAT FURTHER.
HOPEFULLY, I DID AN OKAY JOB EXPLAINING HOW THAT WAS DETERMINED.
>> SCOTT, JUST TO CLARIFY, THE TENANTS GET NOTIFIED BY THOSE WHO ARE THE ONES THAT HAVE TO PAY THE BILL, IT'S THEIR ACCOUNT, I BELIEVE. IS THAT RIGHT?
WHERE WE HAVE SOMEONE NAMED AFTER THAT ADDRESS AS A RATE PAYER.
THEY HAVE AN ACTIVE UTILITY ACCOUNT WITH THE CITY.
THAT IS HOW THAT DISTINCTION WAS MADE.
BECAUSE WE HAVE TO HAVE A NAME AND ADDRESS TO SEND THE NOTICE TO SOMEWHAT LIMITED, BUT THAT COVERS EVERYONE WHO HAS THEIR OWN ACCOUNT.
THAT CONSTITUTES CUSTOMER OF RECORD.
THAT IS THE DEFINITION OF A CUSTOMER OF RECORD.
WE TALKED ALREADY ABOUT THE NOTICE ITSELF.
THERE WAS A SAMPLE, THE DRAFT VERSION OF THE NOTICE THAT WAS ALREADY REVIEWED A COUPLE OF TIMES BY COUNCIL AND APPROVED AT THE PREVIOUS MEETING.
THAT IS VIRTUALLY WORD FOR WORD, THAT IS WHAT WE'LL BE DOING.
OR THERE MAY HAVE BEEN A COUPLE OF TYPOS OR FORMATTING CHANGES MADE, SUBSTANTIVE CHANGES TO THAT NOTICE.
AS I MENTIONED, THESE NOTICES WILL BE THEN BOTH THE NOTICE AND THE PROTESTS FORM WILL BE BILINGUAL IN ENGLISH AND SPANISH VERSIONS IN THE EVERY DELIVERY.
THE SUBMITTAL OF PROTESTS IS COVERED IN THIS RESOLUTION, EACH INDIVIDUAL REPRESENTATIVE OF A PARCEL OR AN ADDRESS HAS THREE WAYS TO SUBMIT THE PROTEST BACK TO THE CITY SO THAT IT CAN BE PROPERLY ACCOUNTED FASTER BY HAND DELIVERY TO THE CITY CLERK'S OFFICE DURING NORMAL HOURS UP UNTIL THE TIME OF THE PUBLIC HEARING, WHICH WE'LL TALK A LITTLE BIT MORE ABOUT IN A MINUTE.
IT CAN BE MAILED TO ATTENTION OF THE CITY CLERK AT THE CITY HALL ADDRESS ON EIGHTH STREET AND THAT IS CONTAINED HERE AND THEN YOU NOTICE.
OR LASTLY, THERE WILL BE A WINDOW OF TIME BETWEEN THE CLOSURE OF THE STANDARD BUSINESS HOURS OF THE CITY CLERK'S OFFICE ON THE DATE OF THE HEARING,
[00:25:02]
AND THE CLOSING OF THE HEARING.WE'LL HAVE AN EXTRAORDINARY OPPORTUNITY, A WINDOW THERE WHERE ADDITIONAL PROTESTS THAT THE SAME REQUIREMENTS, BUT THEY CAN BE DROPPED IN THE CITIES MAILBOX OUTSIDE CITY HALL, AND UPON THE END OF THE PUBLIC HEARING, THAT MAILBOX WILL BE CHECKED IN ANY PROTESTS THAT'S BEEN DEPOSITED THERE AT ANYTIME UP UNTIL THE CLOSE OF THE HEARING WILL BE COLLECTED AND COUNTERED IN THE INITIAL TABULATION.
SO THERE ARE THOSE THREE METHODS.
BUT UNDER NO CIRCUMSTANCES WILL PROTEST BE ACCEPTED AFTER THE CLOSE OF THAT HEARING AND THAT'S CLEAR IN THE LAW.
>> THAT'S EVEN IF MAIL. IS THAT CORRECT?
>> THAT'S CORRECT. POSTMARK DOES NOT QUALIFY, IT MUST BE RECEIVED DURING THOSE THAT MAIL DELIVERY ON THAT BUSINESS DAY PRIOR TO THE HEARING TO BE COUNTED EVEN IF MAIL PRIOR.
I WOULD ENCOURAGE THE PUBLIC TO MAIL ANY PROTESTS EARLY OR GET THEM DROPPED OFF BY HAND IF IT IS DELAYED TILL THE DAY OF THE MONTH.
BECAUSE AN ORIGINAL, WHAT'S CALLED A WET SIGNATURE IS REQUIRED ON THE PROTEST DOCUMENT.
FAXES, EMAILS OR PHOTOCOPIES WILL NOT BE COUNTED.
ORAL COMMENTS AT THE PUBLIC HEARING WILL ABSOLUTELY BE ACCEPTED AND NOTED AND IF APPROPRIATE ACTED UPON, BUT AN ORAL PROTEST AT THE HEARING WILL NOT BE COUNTED AS A VALID PROTEST VOTE.
THE REQUIREMENTS FOR WHAT MUST BE INCLUDED ON THE PROTESTS FORM OR VOTE ITSELF ARE CLEARLY OUTLINED IN THE NOTICE THAT'S BEING SENT OUT.
BUT I'LL VERY QUICKLY GO THROUGH THE LIST.
IT MUST HAVE A STATEMENT THAT INDICATES THAT THAT DOCUMENT IS IN FACT THE PROTEST AGAINST THE PROPOSED CHARGES, THAT ARE THE SUBJECT OF THE HEARING.
IT MUST HAVE THE NAME OF THE RECORD OWNER OR A CUSTOMER OF RECORD WHO IS ASSOCIATED WITH THAT APN OR STREET ADDRESS OR LACKING THOSE THAT UTILITY ACCOUNT NUMBER, IF SOMEONE JUST THAT'S ALL WE'VE GOT, WE WILL ACCEPT THAT BECAUSE THAT CAN BE TIED TO A PARTICULAR ADDRESS DURING THE VALIDATION PROCESS.
IT MUST CONTAIN THAT ORIGINAL SIGNATURE THAT I SPOKE ABOUT.
THOSE ITEMS MUST ALL BE PRESENT ON THE PROTEST FORM FOR IT TO BE COUNTED DURING THE VERIFICATION PROCESS.
THEY'LL BE COUNTED DURING THE INITIAL TABULATION, BUT THEY MAY BE DISQUALIFIED DURING THE VALIDATION PROCESS IF THEY DON'T CONTAIN ALL OF THAT INFORMATION.
AFTER SUBMITTING A PROTEST, ANY CITIZEN WHO HAS DONE SO CAN HAVE THAT PROTEST WITHDRAWN.
THEY JUST NEED TO SUBMIT SOMETHING IN WRITING TO THE CITY CLERK THROUGH ANY OF THOSE METHODS I DESCRIBED PREVIOUSLY AND WHEN WE DO THE VERIFICATION VALIDATION PROCESS IF REQUIRED, THEN WE WILL MATCH THAT UP AND REMOVE THAT PROTESTS.
COUPLE OF IMPORTANT POINTS THAT MULTIPLE RECORD OWNERS OR CUSTOMERS ARE ABSOLUTELY WELCOME TO EACH FILE THEIR OWN PROTEST.
HOWEVER, THE LAW IS CLEAR THAT ONE PROTEST VOTE PER APN IS ALLOWED TO BE COUNTED.
IN OTHER WORDS, IF A HUSBAND AND WIFE OR A PARTNER OR BOTH ON A UTILITY BILL, THEY CAN BOTH SUBMIT A VOTE, BUT ONLY ONE FOR THAT ADDRESS WILL ACTUALLY BE COUNTED.
DURING THE VALIDATION VERIFICATION PROCESS, WE WILL HAVE A PROCESS FOR IDENTIFYING MULTIPLE VOTES.
THE TRANSPARENCY ASPECT TO THIS, ABSOLUTELY CRITICAL, THAT IT IS RUNNING A VERY TRANSPARENT WAY, THE CITY CLERK AND THE STAFF HERE AT CITY HALL DEVELOPED THE PROCESS FOR ACCEPTING AND SEALING THE PROTESTS,
[00:30:02]
VOTES THAT ARE RECEIVED AT CITY HALL, IF THEY'RE BROUGHT IN BY HAND, THEN THE PERSON WHO DELIVERS IT WILL HAVE AN OPPORTUNITY TO SEE THAT OCCUR, THE VOTES WILL BE PLACED IN AN ENVELOPE SEALED, AND THEN THEY CAN BE SURE SO THAT WHEN THEY ARE OPENED LATER AT THE PUBLIC HEARING, OR FOLLOWING THE PUBLIC HEARING THAT THERE'S NO QUESTION THAT THEY'VE BEEN ADDED OR REMOVED FROM THAT BATCH.IT'S ALSO CRITICAL TO UNDERSTAND THAT THE NAME AND THE ADDRESS WITHIN THAT PROTEST IS ABSOLUTELY CONFIDENTIAL UP UNTIL THE POINT AT THE END OF THE HEARING IS OPEN AND AT THAT POINT IN TIME, THAT DOCUMENT BECOMES PUBLIC RECORD AND SUBJECT TO FREEDOM OF INFORMATION ACT REQUESTS AND SO FORTH.
FORTUNATELY, THIS IS NOT A PERSONAL FINANCIAL DATA.
THIS IS LIMITED TO THE FOUR ITEMS I DESCRIBE, THE NAME AND THE ADDRESS.
>> THE NIGHT OF THE HEARING OR DAY OF THE HEARING, WHENEVER IT OCCURS, THE COUNTING PROCESS WILL BE HANDLED IN A TRANSPARENT WAY AS WELL.
IF DONE VIRTUALLY, THEN A DEDICATED CAMERA WITH THE ZOOM FEED WILL BE SET UP TO RECORD THE OPENING OF THE SEALED ENVELOPES THAT I DESCRIBED AND THE REMOVAL OF THE DOCUMENTS, AND THE COUNTING OF THOSE DOCUMENTS IN A LIVE OPEN WEB.
IF WE HAVE REVERTED BACK TO LIVE MEETINGS THEN THAT WILL OCCUR [NOISE] IN THE COUNCIL CHAMBERS WITH THE PUBLIC HAVING THE AUTHORITY TO BE PRESIDENT.
AGAIN AT THE PUBLIC HEARING, ONLY AN INITIAL TABULATION OF THE NUMBER OF VOTES RECEIVED WILL BE COUNTED.
IF THAT NUMBER IS 50 PERCENT PLUS 1 OF THE 5,568 NUMBER, THEN WE WILL MOVE TO THE NEXT STEP.
IF IT IS LESS THAN THAT NUMBER, THEN THE PROTESTS REQUEST WILL FAIL AND WILL MOVE ON WITH THE NEXT STEP INTO THE WAITING PROCESS.
IF IT DOES APPEAR TO BE A NUMBER SUFFICIENT TO HAVE A VALID PROTESTS, THEN AGAIN, ALL OF THOSE PROTESTS FORMS THAT HAVE BEEN COUNTED WILL BE PLACED IN IN A CONTAINERS, SEAL INITIAL AND SET ASIDE UNTIL A VALIDATION SESSION CAN OCCUR AND AT THAT POINT AGAIN, DURING A PUBLIC MEETING THAT'S EITHER A VIRTUAL AND AVAILABLE ON ZOOM OR IN-PERSON THEN THE PROCESS GOING THROUGH EACH OF THE BALLOTS AND VALIDATING THE DATA ON THEM WILL OCCUR.
>> COULD I ASK FOR CLARIFICATION?
>> YOU SAID A 5,000 SOMETHING, BUT THAT INCLUDES THE CUSTOMERS OF RECORD AND THE OWNERS OF RECORD, NOT JUST THE PARCELS, IS THAT RIGHT?
>> I BELIEVE YOU AND I'VE SPOKEN ABOUT THIS AND THE BAR THAT IS PLACED BY THE LAW IS 50 PERCENT PLUS 1 OF THE EFFECTS IT PASSES.
>> THE 5,568 WILL BE THE MATH REAL QUICK HERE.
SO THAT MEANS THAT 2,785 QUALIFYING PROTESTS FORMS OR BALLOTS MUST BE RECEIVED, AND VALIDATED, AND TO OVERCOME THAT THRESHOLD.
>> AGAIN, I WANT TO MAKE SURE IT'S VERY CLEAR THAT NUMBER THAT I JUST SAID 2,785 IS THE NUMBER TONIGHT.
THERE ARE AT LEAST TWO DUPLICATES IN THE ASSESSOR OF DATA THAT WE'RE INVESTIGATING AND THERE COULD POTENTIALLY BE OTHERS THAT WE ARE UNABLE TO ESTABLISH MAILING ADDRESSES FOR.
WE MAY HAVE ADDITIONAL UTILITY CUSTOMERS SIGN UP IN THE NEXT SEVERAL DAYS.
SO THAT NUMBER COULD MOVE, BUT IT WILL BE IN TERMS OF PROBABLY SINGLE DIGITS, NOT HUNDREDS IF HOPEFULLY THAT MAKES SENSE? BUT THAT NUMBER WILL ABSOLUTELY BE KNOWN AND STATED AT THE END OF THE HEARING AND BEFORE THE TABULATION BEGINS.
[00:35:04]
I THINK I COVERED ALL OF THE SECTIONS.IF THERE ARE SPECIFIC QUESTIONS, I WILL BRING TO REYNA ANSWER THOSE.
ARE THERE ANY PUBLIC COMMENTS AT THIS TIME, MADAM CLERK?
>> MAYOR REYNA, THERE IS ONE PUBLIC COMMENT.
>> SURE. MS. FERNANDEZ, PLEASE MAKE YOUR COMMENT.
>> HELLO. I'M DENISE HERNANDEZ AND I JUST HAD A QUESTION.
IF THERE'S PEOPLE THAT DON'T KNOW HOW TO SIGN THEIR NAME, I KNOW SOMETIMES THEY JUST PUT AN X, WOULD THAT BE ACCEPTABLE?
>> YES, IT WILL. AS LONG AS IT IS ORIGINAL AND THE PRINTED NAME IS THERE, WE DON'T HAVE A WAY TO VALIDATE SIGNATURES.
NOW, THERE WOULD BE CONSEQUENCES FOR FALSIFYING SUCH A PROTEST LETTER, SO WE CAUTION FOLKS ABOUT THAT BUT THEY SHOULD AT LEAST MAKE AN ATTEMPT TO MAKE A MARK THAT REPRESENTS THEIR PRINTED NAME.
>> MR. HURLBERT A POINT OF CLARIFICATION, SO THE CITY DOES NOT MAINTAIN A RECORD OF A SIGNATURE OF ANY TYPE AND EVEN IF WE DID, WE WOULD NOT BE ABLE TO GO BACK AND COMPARE THESE PROTEST SIGNATURES AGAINST ANY RECORD THAT THE CITY HAS.
>> THAT PROCESS OCCURS DURING GENERAL ELECTION AND THE COUNTY ELECTIONS, PERSONNEL HAVE THAT RESPONSIBILITY AND CAPABILITY.
WITHIN OUR OWN JURISDICTION WE DO NOT.
>> SO I WOULD HAVE TO SEE ATTORNEY IF HE HAS ANYTHING TO ADD, THAT BE CORRECTED IF I MISSPOKE.
>> NO, I HAVE NOTHING TO ADD TO THAT.
>> GREAT. THANK YOU. MADAM CLERK, ARE THERE ANY OTHER PUBLIC COMMENTS AT THIS TIME?
>> MAYOR REYNA, I DO NOT SEE ANY OTHER PUBLIC COMMENTS AT THIS TIME.
>> DO WE HAVE ANY EMAIL COMMENTS?
>> MAYOR REYNA, MS. FERNANDEZ RAISED HER HAND AGAIN, SHE WOULD LIKE TO SPEAK.
>> SURE. MS. FERNANDEZ, PLEASE GO AHEAD.
>> HELLO. I JUST WANTED TO MAKE SURE WE ARE GOING TO MAIL OUT THE PROTEST FORMS WITH THE NOTICES, IS THAT CORRECT?
>> YES. THAT'S OUR INTENTION AT THIS POINT.
WE WILL MAIL THE FORM AND I BELIEVE MADAM CITY CLERK, I BELIEVE THE INDIVIDUAL YOU'VE BEEN SPEAKING WITH HIS NAMED LORI, AND SHE HAS A COPY OF THIS FORM THAT WE'RE CONSIDERING USING, IS THAT CORRECT?
>> SORRY. I THINK YOU HAD IT ON YOU.
I MENTIONED THAT I DO HAVE AN EXAMPLE OF THE FORM.
>> OKAY. YES. THAT IS OUR INTENTION IS TO SEND THAT OUT AND IT IS, AS I SAID, A LITTLE DIFFERENT FORMAT THAN THE THREE EXAMPLES YOU SHOWED, BUT IT DOES CONTAIN CLEARLY LABELED SPACES FOR EACH OF THOSE REQUIRED PIECES OF INTERESTS [NOISE] AND A LOCATION FOR THE SIGNATURE.
>> THANK YOU, MADAM CLERK. THANK YOU, MR. HURLBERT.
MADAM CLERK, JUST TO CLARIFY, DO WE HAVE ANY EMAIL COMMENTS?
>> MAYOR REYNA, THERE ARE NO EMAIL COMMENTS AT THIS TIME.
>> THANK YOU VERY MUCH. ANY COMMENTS FROM THE MEMBERS, MAYOR PRO TEM PALLARES?
>> I HAVE NOTHING MORE TO ADD. ALL OF THE QUESTIONS THAT I HAD ALREADY BEEN ANSWERED.
>> THANK YOU. MEMBER MARTINEZ?
>> THANK YOU, AND I HAVE NO COMMENTS REQUESTING US AT THIS TIME.
THANK YOU. AT THIS TIME, I WOULD LIKE TO ENTERTAIN A MOTION.
>> [OVERLAPPING] I WILL GO AHEAD AND SECOND IT. THAT'S FINE.
I'LL SECOND IT. MADAM CLERK, WOULD YOU CALL THE VOTE BY ROLL CALL?
>> I'M SORRY MAYOR REYNA, WHO SECOND THE MOTION?
>> I SECOND THE MOTION. I JUST GOT AHEAD OF MR. MARTINEZ SECOND AND SEE THAT HE WILL BE MOVING FORWARD TO SECOND IT.
>> OKAY. ROLL CALL, MAYOR REYNA?
[00:40:01]
>> MOTION BY COUNCIL MEMBER GARCIA SECONDED BY MAYOR REYNA TO APPROVE ITEM 58.
MOTION IS UNANIMOUSLY APPROVED.
>> THANK YOU, MADAM CLERK. AT THIS TIME, THERE ARE NO OTHER ITEMS ON THE AGENDA, SO I AM GOING TO ADJOURN THIS MEETING.
THANK YOU ALL FOR PARTICIPATING. HAVE A GREAT EVENING.
>> HI. GOODNIGHT.
* This transcript was compiled from uncorrected Closed Captioning.