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HomeMy WebLinkAboutPH 1 ANNEXATION 105 01-07-85I~,TE: TO: FROI~: S UBJ ECT: OANUARY 7, 1985 PUBLIC HEARING NO. 1 1-7-85 Inter-Corn HONORABLE I"IAYOR AND CITY COUNCIL COI~,IUNITY DEYELOPSENT DEPART'RENT PROPOSED ANNEXATXON NO. 105 (MEDFORD / GROVESITE) BACKGROUND: The Municipal Reorganization Act authorizes the City Council to make application for the annexation of island territory after publication of a notice of intention to adopt a resolution and a public hearing. Notice of the hearing was publiched in the Tustin News on December 27, 1984 and, in addition; notice was mailed to the reg(stered voters of the subject area. (For additional background material, see staff report dated December 17, 1984.) DISCUSSION: The hearing before the City Council is an informational hearing to provide an opportunity for the residents of the area to express their concerns and views on the resolution of application. This is not a protest hearing and the filing of a protest at this hearing has no validity as to the status of the annexation proposed. Following the hearing City Council has the discretion to table the resolution of application or to adopt the resolution. If City Council adopts Resolution No. 85-2, the Local Agency Formation Commission conducts a fact finding hearing to determine if the subject proposal meets the requirements of Government Code Section 35150 (f). Upon LAFCO'S determination, the matter is referred to the Board of Supervisors as the "conducting authority". The Board advertises and conducts a protest hearing. If less than fifty (50%) percent of the registered voters of the area file a protest with the Board of Supervisors, the Board orders the annexation without an election. The City has endeavored to provide complete information to the residents of the area pertaining to annexation and the procedures of the Government Code. There are residents of the area who are still opposed to the annexation but it is believed that the majority of the residents are satisfied as to the rationality of the proposed annexation. Honorable Mayor and City Council January 7, 1985 page two RECOMINE#DATXO#: Conduct a public hearing to receive testimony from affected residents and adopt Resolution No. 85-2 at the conclusion of the hearing. DONALD D. LAMM, Director of Community Development DDL:RFK:lg encls: Resolution No. 85-2 Staff Report dated December 17, 1984 Community Development Department 1 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 22 ~5 26 27 28 RESOLUTION NO. 85-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MAKING APPLICATION FOR THE ANNEXATION OF TERRITORY KNOWN AS MEDFORD-GROVESITE ANNEXATION NO. 105 TO THE CITY OF TUSTIN WHEREAS, a request has been made to the City Council of the City o~ Tustin for the annexation of certain inhabited territory constituting an unincorporated island; and WHEREAS, the city of Tustin has the ability to extend the full ranqe of municipal services to the subject territory to better serve the needs of the residents of the area; and WHEREAS, an advertised public hearing was conducted by the City Council on January 7, 1985 on the Council intent to adopt a resolution of application for annexation of the subject territory to the city of Tustin; and WHEREAS, the City Council has determined that the proposed annexation is a Categorical Class 19 exemption from the requirements of CEQA; NOW, THEREFORE BE IT RESOLVED, by the City Council of the city of Tustin, California that: This proposal for the Medford-Grovesite Annexation No. 105 is made pursuant to Part 2, Chapter 2, Article e of the Municipal Organization Act and as an island annexation as authorized by Sectio~ 35150(f) of the Government Code of the State of California. The proposed change of organization consists of the annexation of 11.4 acres of inhabited island territory, completely surrounded by the incorporated limits of the city of Tustin, and said territory will derive benefits of full municipal services as a result of the annexation. The subject area is bounded by Yorba Street on the west, is northerly of 17th Street, southerly of Santa Clara and westerly of Malena Drive, as more fully described by the map and legal description shown as Exhibit "A", attached hereto and incorporated herein by this reference. The proposed annexation is made for the purpose of increasinq the economy and efficiency of government services by incorporating island territory within the city's sphere of influence. The application for annexation is submitted by the City Council of the city of Tustin on behalf of residents within the area. 1 2 3 4 5 6 7 8 9 10 11 12 ~3 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. page two The Local Agency Formation Commission is hereby requested to undertake annexation proceedings pursuant to Section 35150(f) of the Government Code. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California on the 7th day of January, 1985. URSULA E. KENNEDY, Mayor Attest: Mary E. Wynn, City Clerk /" A ~ Bk I ~ ~ ..... "' ~ CONSENT CALENDAR NO. 8  12L18_84 Inter Com TO: FROM: SUSJ ECT: HONORABLE HAYOR AND CITY COUNCIL COPIdlUNITY DEYELOPI,IENT D[PARTMENT PROPOSED ANN£XAT~ON NO. 105 (MEDFORD/GROVESZ'rE) BACKGROUND: The annexation of the 11.4 acres of county island known as Medford/Grovesite Annexation No. 105 was proposed in December 1977 and the application was withdrawn due to resident protests. At that time, the annexation would have increased the property tax. This argument is no longer valid as a result of Propost ti on 13. The subject area is completely surrounded by the Tustin city limits and is the only remaining unincorporated Island in the north Tustin area. The Board of Supervisors and the Local Agency Formation Commission encourage the annexation of island territory which results in economies and efficiencies of government services. A request for annexation was made to the city from residents of the area. On September 20, 1984, a letter with a prepaid postage returncard was mailed to the 48 residences of the area. Of the total residences, 20 (41%) responded with a preference for remaining in the unincorporated territory of the county. This represents less than majority opposition. The poll did not constitute a formal protest and was solely for the guidance of the City Council. On Tuesday, November 20, 1984 Mayor Kennedy and members df the city staff met with residents of the community at Guinn Foss School to answer the questions and concerns of the residents. Although there are still residents in the area who are opposed to the annexation, it is believed that the majority of the voters recognize the logicality of the proposal and will not protest the annexation. PROCEDURES: Pursuant to AB 14 adopted in 1983 (Sections 35142 & 35150 Gov't Code) the following procedures are applicable: 1. The City Council advertises in the newspaper its intent to adopt a resolution making application to the Local Agency Formation Commission for the annexation of the subject area and schedules a public hearing. (One-time publication in the newspaper is required) A resolution initiating the application to LAFCO is then adopted. City Counct 1 Annexation No. 105 page I~o 2e LAFCO conducts a public hearing and approves the annexation ff it is an tsland of less than 75 acres, and LAFCO designates the Board of Supervisors as the conducting authority. 3. The Board of. Supervlsors conducts a public heartng and orders the annexation tf wrttten protests have not been ftled wt~h the Board by more than 50~ of the'registered voters. DlSCt~SIO#: In consideration of the lack of a major~7 objection and the encouragement of LAFCO and the Board of Supervlsors to eliminate county tsJands, the City Council could respond to the request for annexation by scheduJtng a public hearing on the proposed annexation. Following adoptton of the resolution of application,the determination of the proposed annexation would rest with the Loca3 Agency Formation Commission and the Board of Supervisors as the conducting authority. RECOI~dlENDED ACTION: Authorize staff to advertise a public heartng for January 7, [985 on the City Council's intent to adopt a resolution of application for the Medford/Grovestte Annexation No. [05 to the City of Tust~n. Director of Community Development DDL:RFK:do Community Development Department EXHIBIT #A LEGAL DESCRIPTION FOR THE MEDFORD-GROVESITE ANNEXATION NO. 105 TO THE CITY OF TUSTIN~ CALIFORNIA Beginning at the northwesterly corner of the t'Yorba-Medf0rd Annexation No. .80" to the Clty of Tustin, Cal|fornia, said point of beginning being distant 1070.7 feet more or less north of the centerllne of 1'Tth Street and 20.00 feet west of the centerline of Yorba Street; Thence, along the existin~ boundary line of said City of Tustin as estab- lished by the "Yorba Street Annexation. No. 2", by the "Helena Drive Annexat|on", by the 'iTth Street-Laurinda Way Annexation No. ~)6', by the "Treehaven Annexa- tion No. 67", and by said 'Yorba-Hedford Annexation No. 80" through the foliowlng courses: N. O0°O/~'O0"E., 282.57 feet; S. 8~°4~'O1"E., 1011.45 feet; S. O0°02'00"£., 661.~4 feet; S. 8~°20~22'W., 87.15 feet; S. 8~)°20~22"W., ~65.4~)feet; N. OO°OMOO"E., 387.50 feet; · Thence, N. 8~°~9'O1'~/., along the northerly line of said "Yorba-Medford Annexation No. 80", a dis'tance of 460.00 feet to .the point of beginning. This description and map of proposed annexation ~-~-~-- meet the approval/~the Surveyor's O~[ice. C. R. 1'41z~'~,,Couat¥ .Sur~w~or ' / Deputy Dale ~- D EXHIBIT #A / BONNER DRIVE / AVENUE L89' 20' 22.'W- 465.49' 87.15' t t % c 17th ST.R~ MEDFORD-GROVESITE ANNEXATION NO. 105 TO THE CITY OF TUSTIN,CALIFORNIA PASSED AND ADOPTED BY RES. NO.~DATED CERTIFIED BY THE SECRETARY OF STATE .. 'LEGEND .... EXISTING CITY OF TUSTIN BOUNDARy ~ ANNEXATION AREA AREA 11.4Z4 ACRES 0.0179 SQ, MI,