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HomeMy WebLinkAbout2019-077 - Approving Annexation No. 2018-01LS 9.3.19 RESOLUTION NO. 2019-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ANNEXATION NO. 2018-01, THE DETACHMENT FROM THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, AND AUTHORIZING THE SUBMITTAL OF A PROJECT APPLICATION FORM TO THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION FOR A 24.78-ACRE COUNTY ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (City) desires to initiate proceedings pursuant to the Cortese -Knox -Hertzberg Local Reorganization Act of 2000, Division 3, commencing with Section 56000 of the Government Code, for the annexation of a 24.78-acre unincorporated area of land that is currently located within the County of Orange. B. The City will file an application with the Orange County Local Agency Formation Commission (OC LAFCO) to annex the unincorporated territory generally located at the northeast corner of Seventeenth Street and Tustin Avenue as shown on Exhibit 1. C. The proposed annexation area is within the City's Sphere of Influence and will be included in the City's General Plan per General Plan Amendment No. 2018- 04 containing land use designations of Low Density Residential, Medium Density Residential, and General Commercial. Further, the properties will have zoning designations of Single -Family Residential, Two -Family Residential, and Community Commercial. D. On June 5, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider the annexation of the 24.78-acre County island generally located at the northeast corner of Seventeenth Street and Tustin Avenue. At this hearing, the Council directed staff to initiate the process to annex the County island and continue discussions with the County and the LAFCO regarding the annexation. E. On September 14, 2018, the City, County of Orange, and the Orange County Local Agency Formation Commission held a duly noticed community Resolution No. 2019-077 Page 1 of 14 workshop regarding the proposed annexation to obtain community input. Major questions of the citizens in attendance included how the annexation will affect properties, the delivery of services, and options to annexation. LAFCO and City staff addressed key questions about the annexation process and the impact of delivery of municipal services. F. Public notices were mailed to property owners and tenants within the annexation area in October and December 2018 notifying them of the actions to be taken by the Planning Commission regarding the pre -zoning and pre- designation of the properties within the annexation area. On December 10, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2018-04 and Amendment Application No. 2018-07. G. On September 3, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Annexation No. 2018-01 for the Seventeenth and Tustin annexation project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. H. Pursuant to the California Environmental Quality Act (Pub. Res. Code sec. 21000 et seq.; "CEQA"), and the State CEQA Guidelines, the City has determined that a Categorical Exemption will be filed for the proposed project. As a reviewing agency, the City has reviewed the negative declaration that has been prepared by the County of Orange for the proposed commercial developments on the subject site. Based on its review, the City concurs with the findings of the negative declaration. I. The annexation proposal is made pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the Government Code of the State of California. J. The reason for the proposed annexation is to provide full municipal services to unincorporated areas that are remote from County service facilities and thereby increase the economy and efficiency of public services. K. The City Council has weighed and balanced the annexation proposal and has determined that based upon this balancing that Annexation No. 2018-01 is consistent with the purpose of the General Plan and the City's Strategic Plan. L. The City Council hereby authorizes staff to submit the required Project Application Form and all necessary documents to OC LAFCO to initiate the annexation process with that agency as shown on Exhibit 2. Section 2. CEQA Compliance. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities such as Resolution No. 2019-077 Page 2 of 14 public and private structures developed to the density allowed by the pre -zoning of the City. The proposed annexation area is developed to the density allowed by the current zoning or pre -zoning, with the extension of utility services having the capacity to serve only the existing facilities. More specifically, the proposed annexation will consist of the 24.78-acre parcels of land in its entirety that includes private residential and commercial structures as well as three vacant parcels of land that are located at the southwest section of the annexation area. As the annexation area is developed to the density allowed by both the current zoning of the County and the pre -zoning designations proposed by the City, and no new utility services are proposed for the existing structures within the annexation area as part of this project, the Class 19 exemption is applicable to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to CEQA, a categorical exemption adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment therefore, it is categorically exempt from the requirement for the preparation of environmental documents. Based on this analysis, a Notice of Exemption for Environmental Review No. 2018-89 will be filed for this project. Section 3. Approvals. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Annexation No. 2018-01 as shown on Exhibit 1 and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated September 3, 2019 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until all related ordinances Nos. NS-2974 and NS-2975 (AA No. 2018-07 and change in ward boundaries) become effective. If said ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. This Resolution shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the annexation of the County island. If the resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect. ADOPTED this 3rd day of September, 2019. X4X 7 W_ M el A. Pulido Mayor Resolution No. 2019-077 Page 3 of 14 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney �— By: J- Lisa Storck Assistant City Attorney AYES: Councilmembers Iglesias Pulido Penaloza Sarmiento. Solorio (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Villegas (1) 'Ward 4 Representative Vacant CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-077 to be the original resolution adopted by the City Council of the City of Santa Ana on September 3, 2019. Date: 2 a( Daisy Gom Clerk of the Council City of Santa Ana Resolution No. 2019-077 Page 4 of 14 Exhibit 1: Map of Annexation Area y 4r I ml v t Santa Ana71 f AN#J t 1 5a i� 11 Ir:l'�i <1 - .: f I 1 Y . y., _ Ail R l; € 1 `rs` } f - � Tustin i Resolution No. 2019-077 Page 5 of 14 Exhibit 2: LAFCO Project Application Form ORANGE COUNTY LAFCO ProketAppikatiorr Farm Page I n( 4 PROJECT APPLICATION FORM OF THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION Orange County Local Agency Formation Commission 2677 North Main Street, Suite 1050 Santa Ana, CA92705 (714) 64"100 (714) 640-5139 (FAX) APPLICATION INSTRUCTIONS This application form is used to initiate the application process to the Orange County Local Agency Formation Commission (LAFCO) for a city or district annexation, reorganization, detachment, or a sphere of influence amendment. LAFCO staff looks forward to assisting you with your project. In addition to the information that you will provide us on this form, LAFCO staff is required to analyze additional data regarding your proposal from our Geographic Information System (GIS) and In-house data base, including, but not limited to: affected agencies, interested agencies, spheres of influence, school districts, land usefzoning, acres of prime agricultural land, and number of dwelling units. A Plan of Services may also be required demonstrating haw municipal services will be provided to the affected territory. Please fill out this application as completely as possible. If you need assistance, please do not hesitate to contact a LAFCO staff member for guidance. If a question does not apply to your proposal, indicate 'NIA". Orange County LAFCO is a "papedeW office. It is important that you list all email addresses where indicated on the application. Correspondence, staff reports, resolutions and other LAFCO forms and mailings, whenever possible, will be distributed electronically. EXHIBIT 2 {Fria wfonnonue f1Wlfu1mc i kl mistlppluxawo waybe 3H1 ftYl lfl lffAifllYtKC iNlLlt'1' (he (afifowla Pi.blic Rewvrd) :I+'l (lP e!Rmmr {'a7c S'erHlui 6230 cram/ 7 Resolution No. 2019-077 Page 6 of 14 i7FtAtfGECOUNTY LAF'C:G) Yrrajoief Amicadonropm pages tj'S Detachment from: kkunicl � 4^F C r Dl�tri�rt oaf tOrange Cou�� Reorganization (2 or more changes of organization) of: 0 Other (explain): "Sphere of Influence Amendment for "ff roquesd;ng a spwre of hirwensa ainenclrrreof °Ottfy ; phase answer Hie 1bylowi!ng Pea r quasfru'aras: 1. Why is a sphere of influence amendment needed? 2. 'How would a sphere of influence affect the present and future need for services In the project rarea? I. 1rW Iwit charges of organization aria Ineludett? What agencies are involved? Th City at Santa Ana rs roqu slang it at thm G range CournGy I G4ai ,ncy Formation Gorxamassiorr fLAFCt01 apprayto the annexailCr a ?f 24.78•acrc Goun y island from the County of Oraat,��g� Co the Clty of erlka Ana axrd detaaMrrterak of ti7a aut�iiect tefrltory+'from the Municifra Vdater k i5trick of tOran e, fJtlter aPproyals in ride a Propperty 1'ax Exchange Agreement, Anneasakion ArJr� men ketue n the City and County of t7rarape, and ocioperatOe agreement, waater agreement, 2. Explain the purpose of each request of change of organization. In June 201 B. the Santa Ana City Council dirt clad sltaff to werk'with lfae County of (Iran a and LAFCt0 on Me annexation of the 24i.78-acre County island dire to its location within the ity's sphere of influences. Further, the City ex�!ressed an interest in the dovelc merit of the vacant parcels of land' at the northeast corner o6 Seventeenttr Street and Tustin Zenue, 'wilich canrxat ea developed until the City proAdes server sorvace to the parcels. I: urrantlyr the water provider Is the City of Tustin a member of the Municipal Water Desirict of OranGrr: f4tinC!r (faGWW+I O('). Tha d';ihr iif Sterna, Ana is an artcrylinal mernbor ar onr, of Metropolitan Water District of 5outhbrn California (Metropolitan); therefore, the Sevventeentil and Tustin Island will be detached from bl"( OC and become a pail of Metropolitan. (Jh v�ivrarariarr a�a f'o'M'z7 iri tAz'r'gyrli,'rriiav rmeq:b✓mFq'�.!'a drere.Gxner dv nvairr rvirf'rer'ifianuxr Ahrlrrle d2e'rr+rtr's dtl t&r nwruvetit Resolution No. 2019-077 Page 7 of 14 ORANCTF. COUNTY LAFCO Pm*tAppficadaaForm Page 3 of 9 3. Explain how the proposal provides more logical boundaries and/or improves the provision of service. The County €eland is surrounded on three sides by the City of Santa Ana and on the fourth by the Newport -Costa Mesa (SR-55) Freeway, is within the City's sphere of influence, and is the last County island surrounding Santa Ana. Annexation from the County to the City will allow the City to provide local services to the properties within the County island. An Out of Area water agreement will be completed with the City of Tustin to allow Tustin to continue to provide water service to the area. 4. Does this proposal have 100% consent of all property owners? (if so, please complete Attachment 1.) No. The City has experienced opposition from approximately 15-20 residents at a community meeting held in September 2018 from 3-5 residents at hearings held by the Planning Commission in October and December 2018. rJH0 INITIATED THIS PROPOSAL? Generally, LAFCO proposals may be initiated by a resolution of an affected agency, a city council, special district or by the Board of Supervisoraq. to addition, a proposal may be Initiated by a petition of the affected area's registered voters or landowners. Attach one of the following to this application form: ❑ Agency Resolution Landowner Petition ❑ Registered Voter Petition The ppropperties are located at the following addresses: 13862 to 13972 North Tustin Avenue, 13 2-13922 North Ponderosa Street, 2301 and 17221 East Seventeenth Street, 13T41-13971 North Deodar Street, 17152-17182 East Medford Street, and 13751-13841 North Pasadena Street, MAP AND LEGAL DESCRIPTION: A map and legal description of the proposal, even if prepared by a private engineering firm, most be submitted directly to the Orange County Surveyor for review and final approval. An application can be filed with LAFCO without a map and legal, but a proposal cannot be scheduled for LAFCO hearing prior to raceipt of a County Survgyw-approved map and Jegw description. You may contact the County Surveyor at the Resources and Development Management Department, Geomabcskand information Systems Division, at (714) 634-4378, Additionally, the map and legal desorption must meOI MO State Board of Equalization's requirements. The BOE's "Change of Jurisdictional Boundary" requirements are available for download at htru irinvw.boe.ca.000-lprvvtahes:sorrlcGnf Mm. Please note, the BOErequlros an additional vicinity map that shows the project area in relation to a larger georgraphic area. (7li inforoti arm rynitazlmti by Aiis gpp/ivatbvj m•m• Lv.vruj.n m d2rrhirerr rvuMI!hr C'n/iliartu: Pub$o N.,lnrdr 40 rt.nennu vT ('air 5n Mrn 6250 e('of ) Resolution No. 2019-077 Page 8 of 14 C1R,� GEC(LlNTS'C2eO o iaaargcea4gpra&raraa+rrlanaa Page 4 arg A reap and legal doscriplir n has boon: ❑ f oelificd by the Counl7 Survoyror and is attached to this application. U SuLvTfltted for review to the County Surveyor, ❑ tither (please extrlabi) N/A. 7hc City is pr"ozaing a small inland annexation requcat. Orange County LAFCO requires applicants to report all expenditures for political pwposos raalatod to an applic cation and proceedings to he reported to lho Commission's Executive C7rt c>rar in compliance, with Government. Codo Sections 56a700.1 and 57009. The follovAng is attached to this application fans: ] I Disclosure Form (please complete la4EOC} &sc%sure of Patifrcat Expon6t4rrot, A darhrri&nt 3); copy of Fi anOal reports and disclosures submitted to FPPC (ploa.so Mlw-,h) Please check pare if y6u have no related financial reports or disclosures, LAFCO policy requires that all applicants sign an indemnification agreement (see Attachmort 1J which indemnities LAFCO employees, agents and attorneys. In the event of litigation is filed cone rninag that arprprovol cf an aapplicealion.. The fetiowing is Included with this application form: ❑ Signed lndemnificalIon AgroernQrAr ElLiNG UES., ,Applicaarats are required to pay fees in auvaardance n'rtlr OC LAFCO's adopted foe sehoc+"ulo (sea Attachment 4) to corer tits atlrnirtastratn+e and slaaiff costs requeed to evaaWle, proposals for hearinil. Checks must taa rnaddo payable to: 'Orango C'oority LAMO'; The following is included with this application form., F1 Check to Filing FC06 ❑ Other (explain why Filing Foes not inciu(lwf)! As the Countya island is less than 150 acres in size, the OC LAFCO Commission will vfaive the application freq. 7i'hi ffijvw eeSa7G:jCiuitdiaAf, of@1 JSinrlavptr4'Orf9N wo'k4'!ide, 14C(' fAwle,i,'Reikk ktivr& Aa'1f"olvj-'amm Resolution No. 2019-077 Page 9 of 14 Pages 5 of 9 I certify, under penalty of pc-qury by Me laws o1 tFte "State of Cdirforrtia, that titer i0orniation contained in this application is true and correct. I acknowledge and agree that the Orange County Local Agency Formation Commission is :rolying on tho accuracy of the informar on provided and my representaricns in order to proms this application proposal, Signature: Nacre, Tkta; Data, fl'tw 10fiv"wo-w ow'moltli to +1 <y!(,:+i+`nI wi 'rfa' ze'wr ;car. c(hrrn' ifv is , M t ch aauar Trddrc hea+.r+F 4 f AM'VIMI0vr C iqv $ccewjl 6Z!(j.^ sty.) Resolution No. 2019-077 Page 10 of 14 0tiAi+GECOUNTY LA1^C"Gi � i'rw�rti't.aStrrftc'atr�axaverm Property Owner Consent For"? (All legal owners must sign a consent tam or suhmit,a letter of signed conaerit-) 1, , consant to the annexationireorganiaal lon of my protrcrty for,,ated at for Assessor Parcel [Numbers -j to the (agancy{ics�.. Signature: Late: Address: City, State, Zip: Mow,+`,+agrtt; ...,.uilmrFPn A,, ( "r .f Sa.6on 4150 of .s,sr.! Resolution No. 2019-077 Page 11 of 14 ORANGE COUNT' LAFC© PrvfwtApplitruden Farm Page 7 ,?f 9 IndemnMation Agreement As part of this application, applicant and real party in interest, 9 different, agree to defend, indemnify, hold harmless, and lease the Orange County Local Agency Formation Commission, Its agents, officers, atiomeys, and employees from any claim, action, or proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it, This indemnification obligation shall include. but not be limited to, damages. Costs, expenses, attorney fees, or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the approval of this application, whether or not there is concurrent passive or active negligence on the part of the Orange County Local Agency Formation Commission, its agents, officers, attorneys, or employees. Executed at , California on the day of 2_ APPLICANT By: Title: Mailing Address: REAL PARTY IN INTEREST (it different from Applicant) Title: Wiling Address: fThe (451rmnrrne Go n iwi:0 rn efle r rr; rL<vunai reerp N-' trO.jv ^ fu disdn%rme %¢1rr Mc cdhfdrnfi Yakie Raved d,r trtnexNnlnrr C'"fesm'Arm 62Rjer.uxf.) Resolution No. 2019-077 Page 12 of 14 ORANGE COUNTY LAPCO prvr� IAptdlea iaar Form palter 6 W'9 LAFCO Li19014sure of Political Expenditures EMc(ivc January 1, 20LK, political expenditures related to a piep(maf for ra chang(c of urgainimlion rt rayarpaimfion that will tx of ha-� i.+cc'aa sedanilled to LAFCCi ale subjoel to 11-ic reposing .mad diselosuiv rcgalrcatrents or the ]lots icwE RcPnfm Act of 1974 Anil the CorC ese-1Cata •1iarCzberf pet csf 2flt �l_ Plreaseramfullyread irlie alloisfin; trtjirroiarDhwrreededurmikeand ,T&rvd'w.varrrlrrravixi arsf1pplpla,trum ..- Any ptrnon ov cirnbin;ewrrr of Poricws xviro, for pohlicit pur{r..11,Kts, dlreclly oT dndncetip ccmtrihartcs ,Ft,GItNa pr monz, of expcuds 5I •Pa'io or rnc-xc in support a1; ar fa alapasSlirn to a ptt trial fnr a ehanyn of argania;rtion ar rcar;�ranixa7ion that will lwt &.11onittM to the Contnai_l,klo, Shall tbxclosr. aoid Npur the. cotrir Illo an an tha Com wksiva g lawnat to the TeciAremcros of the Political Reform Act of 1974 (G weyamcnt Code Section Slrinli el seq.) ns prcmdx;ifor loud in6iaii'm anua:rurra, and geinion A',5760.7 Arl of 7_ 1111. i_ pursuani to tioeeruarrrat Code &cticn 573'i I, any permoo or combination of persona who ditxn:il.y as indirectly conia'ibuics S1,11301) or mom, or expo'4,N $I,0,rX of inarc, in vJppcift of, ar in appasilitsn Zia, tlac camducaiag autl-krily proen^dinp fora cluinga of organiantaon or arnr};a"fnixatioa, rnuit comply whll the diMID.Alre mgaitti!monty torthe Po€ i-59 1 Reform Act of 1974, (Goaerrilinm Code 1,,e iou 111000 or seyl.). Alrlabcablc relKin.5 tua»7 be riled with the Secreiary of the :Sinte aid dsc appmprisic ciyy or vuimty ctrrk. Capicv utitic roporl most ral:xo lac ftlrtl with the Cirange County Excoutiyct:iflicer. Evaluieiton Checklist for Ctisclosu.re of Political E etreRditurrs Tho IbDow'ing cliccklisiis provided' to assist you ill doectninittp if rate Mquirttaents ofC'rrrvoramant Code 5ec"tow 81000 &.suer. vply to you. For further assislznce, conEact the fair 1'ratilie_ad Practices Cortimission at E429 J Sinet, Suite 450, Sacramento, CA 95814, (866) 275.3772 or al It[ill :_ +Yk+aY,t1Spt;.cu t t+t- 1. Have you da'rcolyor indirectly rnadc a ctvntribt rion or vxpaad'iturc of $1,000 or more relah d to dw suplymi or opposition raf a praposal That hiu licen or unit hs subraind t0 WC O? ye-S No Ullu of wrerihmiort Amnunt^ Nianmr ltat. Mi o4" LAf4.'47-@mga ,anl _ __:..... Dim pmp, r�rrl mis utlbrrai led ws E.,,&CO _. iretvu ,you, in s,cnabir iurr with othvror purrvon(a), direotEy or indiraetly contributed or empeuded'F I,C1t3G or ravers, related to t'he auppuri or olV %ition of a prolteaswl dull ltan bean or will ire sal imilied to DWC- ? ❑ Y06 No Ontrnfea3atrihasdam_ __Arne>mai:i_ hi Fe. r.Nooff _AF(?C?Ili oprrial -- l ;itc propos4 ava3 subrr:irett Ca LAI'W 3, it you filer] a repoil ill acuoidtmce cuirh PPPC retltairettu:atts, has a copy orthc report Ile,,, Filed wlih Craa7itae L"aaunty L,+CP' 0.1 ❑ �f<U7i ❑ Na i-AY - intern 1 ,r. row q.j.trr 14 r,!i p/;)�G.):.r4�V1 ,wa,r F,.- b+ry<•+..r rrr r1i.vr +�rrrP rrui��� r7�e r r,. ilry v�r, f'/,hlr( ,SSt'�N �r..le't ix1u<•r.Uamrr C"lv lc'uum e,230 re rrq-i Resolution No. 2019-077 Page 13 of 14 ORANGE COUNTY LAFCO Project App&aiiaa Fora page 9 of 4 ATT 4C11MENT 4 ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION SCHEDULE OF FiLiNG AND PROCESSING FEES L•tTwivc WU2018 FEE. SCHEDULE OVERViEW In accordance with Government Code Section 56383, the Commission may establish a schedule of fees and a schedule of service charges for Local Agency Formation Commission (LAFCO) proceedings. The submission of an application to the Orange County (LAFCO) is not officially a.ci -prod fill piYK.essillb' turlil 111c tllijig fee &11U`..ntz, have beer, t4cciv4Sj by the nKujiuy. The fcc% associated with an application or petition are calculated on a time and materials schedule as detailed in the Fee Schedule. PROVISIONS 1. Additional Deposits,. a. The Executive Officer may rcquira an additional deposit from applicants to cover actual costs for review and processing or any application if the Executive Officer determines the project is extraordinary in scope. For example, the Executive Officer may determine that the processing of the proposal wilt require advice and counsel born LAFCO's General Counsel beyond routine rcvicw of the Executive Officer's report, Commission resolutions, and agenda materials. Further, LAFCO reserves the right to require rcimburscment for additional expenses not listed in the fee schedule but incurred as a result of pierc essing an application h. [f the actual charges exceed the amount of the deposit, the applicant or petitioner shall he notified and shall pay the excess within 15 days of receipt ()fit staWtnunt from LAFCO. Failure to pay may be cause for delay andlor denial of the application+petition, and no proceeding or application shall be completed until all fees due have been paid in full. 2. IndetnnIffcation Agreement Requirement As a condition of approval of any change of organization or reorganization, out -of - agency service agreement, splicre of influence or municipal service review by LAFCO. the applicant(s) and real party(ics) in interest are required to defend, indemnify, hold harnitess. and release LAFCO and its agents, officers, attorneys, and emplo—Vues from any claim, action, or proceeding against LAFCO, and its agents, officers, attorneys, and employees to attack set aside. void, or annul the approval of LAFCO concerning the proposal or any action relating to, or arising out of, such approval. in accordanco with the Commission's Policy for Irtitemniiication ofLAFCO by Applicants (adopted March 8, 2000), the applicants) and real party (ics) in interest are rcquircd to submit a signed indemnification agreement as pan of lhcapplication (T1+c• i4o,w4rio,r rwkwual irr tkie ryririicnirox mm 1rc Olaf.,! iv di �fasrert nnvfrr lu, ('a7r/rinrr<r YnShr' R.xrircis .Ic•! r�++rx•+ranrrr! r'a?.• 'Vh(u 6_ ill Vi Wi ) Resolution No. 2019-077 Page 14 of 14