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Home My WebLink About65A - ANNEX COUNTY ISLAND REQUEST FOR COUNCIL ACTION ~-~~ ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 15, 2004 TITLE: ANNEXATION NO. 2004-01 TO ANNEX THE COUNTY ISLAND NORTHEAST OF SEVENTEENTH STREET AND TUSTIN AVENUE APPROVED D As Recommended D As Amended D Ordinance on 1st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For OJt;a. CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Manager and staff to discuss options with property owners, the County of Orange and the Local Agency Formation Commission regarding voluntary requests for annexation and/or agreements for City services within the unincorporated County Island northeast of Seventeenth Street and Tustin Avenue. BACKGROUND The discretionary actions related to the annexation of the County Island located east of Tustin Avenue and north of Seventeenth Street (Exhibit 1) were previously scheduled for City Council consideration on September 20, 2004. A number of affected property owners and their representatives voiced concerns regarding the potential annexation to Santa Ana to the Local Agency Formation Commission (LAFCO) at its September 14, 2004 meeting. Additionally, a number of property owners and representatives expressed an interest in amending LAFCO's sphere of influence policy, which provides that this 24-acre County Island be incorporated into the City of Santa Ana. The annexation of this County Island was initiated pursuant to the Unincorporated Islands Program sponsored by LAFCO, the County of Orange and the League of California Cities. This program promotes annexation of all County Islands in an effort "to create a more efficient method for local government to deliver public services." The consistent advice and direction from LAFCO indicated that this annexation would be processed pursuant to Government Code Section 56375.3, which provides for annexation of small islands notwithstanding the protest of registered voters or landowners. LAFCO has recently altered that position. In its October 6, 2004 letter (Exhibit 2), LAFCO has now advised the City that annexation of this County Island will also require a detachment of this area from the Municipal Water District of Orange County (MWDOC). Because annexation of this island will now involve two or more actions 65A-1 Annexation No. 2004-01 November 15, 2004 Page 2 (annexation and detachment from MWDOC), it constitutes a \\reorganizationU for LAFCO purposes and will thus be subject to a protest vote of registered voters and property owners within the annexation area. The protest vote provision requires that the annexation be terminated if a majority of registered voters or property owners within the annexation area vote in objection to the annexation. Given this provision, and the significant opposition to annexation, pursuing annexation of the entire County Island may not be successful at this time. There are two property owners that have expressed a potential interest in annexation to the City of Santa Ana. Those interested parties include the owner of approximately three acres of vacant land at corner of Seventeenth Street and Tustin Ave, as well as the owner of the southerly apartment complex located on ponderosa Street. FISCAL IMPACT There is no fiscal impact associated with this action. ~A:~~' Ste hen G. Hard g Executive Director Planning & Building Agency MGM:rb mgm\plancomm\anx04-01NovlS_04.cc 65A-2 ~ ~~ 1" = 1000 FEET P LAN A1 -B C-SM C1 C1-MD C2 C3 C3-A C4 C5 60-A1-7200 J o o ~ ~ ~ ~ ~ ~ R4 ~~ ] ], ~ R1 R1-B 1130- 15TH ~R1 3 ~ Rl '1. ~ R1 ~ o ~ ~ ~ o ~ ~ R4 ~ z RE >= Cf) OJ .... ~, 1-.279,5'~ 90';"--365 C5 P 1--225. 6O,Al I -7200 ~ R4 ] C5 A1 " C1 R1 AV AT "" R1 R1 R1 LN :f R1 R1 R1 C5 17TH ST. C1 "- I ~ I- I . I 1__) J i ~ · ) ~4-PRQ R4-PRD ~L;:=.::I"t Z >= ~_~ ~J_ J Cf) OJ .... R4 --):_-:7_ :~: ::~~,I=1 ~ _ ~- ~"'- :~..![-=-j:R4-~D r-J I [.=-Jr '/) L),)~ -~J__ = =1--- ~-=- ~C.~~"'__-=,r - R1-PRD I R1 Rl '!. o o GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL P P 1~'R4\ I P City of Tustin R3 i A Al PROJECT AREA P R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R4 RE SD SP ANNEXATION 04-1 SEVENTEENTH STREET AND TUSTIN AVENUE ANNEXATION N N G A N D B U L EXHIBIT 1 65A-3 IA 8t - = 500 FEET D N G A G ENe Y CHAIR CHARLES V. SMITH SupeNisor First District VICE CHAIR SUSAN WILSON Representative of General Public ROBERT BOUER CounCl/member City of Laguna Woods BILL CAMPBELL SupeNisor Third District PETER HERZOG Counci/member City of Lake Forest ARLENE SCHAFER Director Costa Mesa Sanital)' District JOHN B. WITHERS Director INine Ranch Water District ALTERNATE PATSY MARSHALL Couneilmember City of Buena Park ALTERNATE RHONDA MCCUNE Representative of General Public ALTERNATE JAMES W. SILVA SupeNisor Second District ALTERNATE CHARLEY WILSON Director Santa Margarita Water District JOYCE CROSTHWAITE Executive Officer LOCAL AGENCY FORMATION COMMISSION ORANGE COUNTY ,-.., '!"'.". f'''-'', 't~""" '....D October 6, 2004 ncr n .~ David Ream, City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 RE: Unincorporated Island -17th Street and Newport Avenue Dear Mr. Ream: As you are aware, the City of Santa Ana, the County of Orange and LAFCO have been in discussion for several months regarding the potential annexation of a 24-acre unincorporated island to your city. The island is located at the northeast comer of 17th Street and Newport Boulevard. It is one of 50 small islands included in LAFCO's Unincorporated Islands Program. To date, 28 of 50 small islands within Orange County have been successfully annexed. The purpose of this letter is to outline LAFCO's processing requirements should your City Council decide to initiate annexation of the island. Government Code Section 56375.3 outlines the steps a LAFCO must take to approve the annexation of a small island. This section states that a LAFCO may approve a small island annexation without registered voter or landowner" protest" if the Commission determines the island meets specific criteria. Orange LAFCO has successfully processed many small island annexations under Section 56375.3 without the option for resident protest. The subject small island, however, presents an additional issue with respect to processing small island annexations. In Orange County, wholesale water is provided either by the Municipal Water District of Orange County (MWDOC) or by the Metropolitan Water District of Orange County (MWD) through one of three cities - Anaheim, Fullerton or Santa Ana. As part of an agreement negotiated by these cities in the 1980s, unincorporated territory annexing to one of the three cities must also detach from MWDOC. EXHIBIT 2 12 Civic Center Plaza. Room 235. Santa Ana. CA 9270 I (714) 834-2556 . FAX (714) 834-2643 httP/jwvvw,orange,lafco.ca.gov 65A-4 October 6, 2004 RE: Island Annexation Page 2 If the island annexation is initiated by the City of Santa Ana, our legal counsel has advised staff that LAFCO would also be required to process a concurrent detachment of the territory from MWDOC. At that point, the application would be considered a "reorganization" because it v.rould include hvo or more changes of organization (both an annexation and a detachment). Under current law, LAFCO cannot waive the protest provisions for reorganizations. In other words, if your City initiates the annexation, LAFCO's decision would be subject to protest by both registered voters residing within the island and landowners owning property within the island. I hope that this clarifies LAFCO's processing requirements for the subject island annexation. If you have any questions or need further clarification on this matter, please feel free to contact me, or Bob Aldrich, Assistant Executive Officer, at (714) 834-2556. cc: Scott Smith, BB&K Clark Alsop, BB&K Charles Smith, LAFCO Chair 65A-5 65A-6