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Home My WebLink AboutNB 9 ANNEXATION PROG 4-7-80DATE: April 7, 1980 NEW BUSINESS No. 9 4-7-80 Inter-Corn TO: FROM: SUBJECT: Honorable Mayor and City Council Members via Dan Blankenship R.K. Fleagle, Corrmunity Development Consultant Annexation Program BACKGROUND The City Council, on March 17, 1980, requested information and status pertaining fo island annexations within Tusfin's Sphere. There are two basic procedures within the Municipal Organization Act of 1977 for annexation of inhabited areas. Section 35013 authorizes the Board of Super- visors to approve an annexation without an election if the City requests the an- nexation and the Local Agency Formation Commission (LAFCO) determines fhaf the area is less than 100 acres surrounded by the city. Section 35228 authorizes the City, after favorable findings by LAFCO, fo conduct a public hearing and approve the annexation without an election if less than 25 percent of the registered voters or land owners file a written protest. An election may be ordered if pro- tests are more than 25 and less than 50 percent. The authority for the Board of Supervisors ,o approve an annexation pursuant ,o Section 35013 will expire on January 1, 1981. There have been several proposals ,o termina,e ,his aufhori,y even prior ,o ,he expiration date established by law, and a curren, bill (AB3302) would extend the island annexa,ion authority ,o January 1, 1985. Previous annexations to the city of Tustin, that were approved by the Local Agency Formation Commission and City Council, have been held in limbo by the requirement of AB 8 that no jurisdictional change shall become effective until each affected county and city agrees, by resolution, to accept a negotiated exchange of property fax revenues. As of this date, the cities and County of Orange have been unable fo reach an agreement, and the same situation exists in Los Angeles County.. AB 2212 has been introduced by Assemblyman Knox and approved by the Assembly Com- mittee on Local Government. It is now scheduled for hearing before the Assembly Cornmiffee on Ways and Means. This bill provides fhaf if negotiations with the COUrt,Z are unsuccessful, property faxes will be distributed equal fo the percentage of city property tax revenues in the previous fiscal year. Although the measure is controversial, if is expected that the impasse will soon be resolved either by negotiations or legislative action. DISCUSSION The City proposed island annexations in March, 1978 and LAFCO made the necessary findings and recommended approval. Protests were made at the Board o¢ Supervisor's hearing and the annexations were denied. Although there were some objections to city residency and resultant fax increases, much of the protest was related to the procedure whereby the residents and property owners did not have a vote in the matter. City Council April 7, 1980 Annexation Program page' 2, At the request of a property owner, an annexation proposal is being prepared for the San Juan area, westerly of Red Hill Avenue, and has been approved by the City Council. In this instance, a letter was sent to the property owners and they had an opportunity to protest prior to the City initiating action. Only two protests were received and there appears to be no ma]or opposition. Two factors account for this change in attitude: (1) The residents have an op- portunity fo express their opinions prior fo action being initiated and; there is now no financial liability imposed as fha result of annexation. It is the intent to process this proposal pursuant fo Section 35228, whereby fha City Council becomes the conducting authority. This will give the Council an opportunity fo measure the attitudes of the affected residents. If is proposed that the residents and property owners within other island areas be mailed a letter, substantially as drafted, to determine their preferences. Upon evaluation of fha responses, the Council could determine whether fo process the annexation with the City Council being the conducting authority or whether fo proceed as island annexations under the direction of the Board of Supervisors. Since there are approximately 500 registered voters within the Browning-Mitchell- Red Hill area, and there is desire of several residents fo be annexed, it is suggested fhaf'an annexation proposal be made for this area, If there is no major opposition, the annexation ~uld be processed as an island annexation, under the jurisdiction of the Board of Supervlsors, A property owner in the island area southerly of- the Santa Ana Freeway, westerly of Newport Avenue, has filed an annexation request with LAFCO. It is proposed to send'a letter fo the residents and property owners within this area fo determine if an annexation of the total island area is feasible. A copy of the proposed letter is attached. REC~¥£NDED ACTION It is recorrrnended that the City Council authorize the staff to proceed with an- nexation requests as outlined whereby residents are g~ven an opportunity fo express their opi_nions and desires and the annexation process will be determined by the City Council upon an evaluation of the responses from the residents of the subject areas. Respectfully submi,,ed, R. Kenneth Fleagle, D PJA. Community Development Consultant RKF:mm attachments Dear Resident/Property Owner: A property owner within your area has filed a request with the Local Agency Formation Cor~nission to have his property annexed to the city of Tusfin, The City Council has agreed fo accept the annexation of residential area to the city with the consent of the residents, but before giving further consideration fo this annexation request, we desire to know your opinions and desires in this matter. The effects of annexation to the city are now different than prior years, since there is no additional cost to the resi- dent and property owner to reside in the city. As a result of Proposition 13, annexation tO the city of Tustin will not increase your taxes, and will probably result in a re- duction in your total living costs since there is no charge for curbside refuse service to city residents. Additional financial advantages may accrue to you if proposed service changes are levied by the county. Other advantages of city residence include the services of the city police department, weekly street s~eping, recre- ation ~ervices, and the opportunity to have a voice and vote in determining the policies of 'the City and selecting your local government representatives. As shown on the attached map, your area is a logical ex- 'tension of the boundaries of the city of Tusfin. Property owners in other sections of the city, such as San Juan and the Briarcliff development on Main Street, have determined . that annexation fo Tustin would be in their best interest and the City Council has approved their request. If you desire additional information or object to this an- nexation proposal, please call the Community Development Department, 544-8890 or send us a letter expressing your sentimen.fs. Your desires are earnestly solicited. Sincerely yours, R. Kenneth Fleagle, D.P.A. Community Development Consultant attachment STREET SIXTH BOYS' CLUB PARK N[55~N ~( CORLA AVE '~'.~.~ ~'~,~ ~ ~7/ /4~7~ ,,~, ~ ,'~7' McFADDEN ~,,.~ + ;~ DRIVE STREET