HomeMy WebLinkAbout09 ANNEXATION REQUEST 17TH & TUSTIN AVE 11-15-04
AGENDA REPORT
Agenda Item ~9
Reviewed:
City Manager
Finance Director ~
MEETING DATE:
NOVEMBER 15, 2004
TO:
WILLIAM HUSTON, CITY MANAGER
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
POTENTIAL ANNEXATION OF A 24-ACRE UNINCORPORATED ISLAND
GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH
STREET AND TUSTIN AVENUE
SUMMARY:
At the October 4, 2004, City Council meeting, Dr. Paul Lewanski asked the City Council to
consider supporting a possible sphere of influence amendment that would place the 24-
acre unincorporated island generally located at the northeast corner of Seventeenth Street
and Tustin Avenue within the City of Tustin Sphere of Influence and possibly result in the
future annexation of the area to the City of Tustin. Dr. Lewanski noted that the area is
currently within the City of Santa Ana Sphere of Influence and is proposed to be annexed
to Santa Ana, and that he and the other residents of the area are opposed to annexation
by the City of Santa Ana.
The City Council requested that staff agendize this matter for further discussion. Staff met
with Local Agency Formation Commission (LAFCO) staff members to discuss this matter
and any broader associated issues. This report provides some background information
and identifies some of the issues associated with this matter.
RECOMMENDATION
That the City Council receive and file this report.
FISCAL IMPACT
This report is for information only; therefore, the fiscal impact of annexation is not identified
at this time.
BACKGROUND AND DISCUSSION
On January 1, 2001, a State law that streamlined the annexation process for County
islands that are fewer than seventy-five (75) acres in size went into effect. The purpose of
the law (Assembly Bill 1555) is to encourage cities and counties to annex inefficient
unincorporated urban land and to improve the delivery of public services to residents
within these unincorporated islands. Since 2001, the Orange County Local Agency
Santa Ana County Island
November 15, 2004
Page 2
Formation Commission (LAFCO) and the County of Orange have been working
cooperatively to facilitate the annexation of these County islands to their respective cities
throughout the County. One of these unincorporated islands is the 24-acre island
generally located at the northeast corner of Seventeenth Street and Tustin Avenue. The
island is currently within the City of Santa Ana Sphere of Influence.
The County island is bounded by Seventeenth Street to the south, Tustin Avenue to the
west, and the SR-55 Freeway to the east (Exhibit A). Existing land uses within the County
island include 49 single-family residences, 32 multiple family residences, strip commercial,
and a 3.3-acre vacant parcel on Tustin Avenue.
The City of Santa Ana, LAFCO, and the County of Orange conducted community
workshops and an informal neighborhood meeting in October 2003 and April and June
2004 to discuss the potential annexation to the City of Santa Ana. At these meetings, the
residents of the County island expressed concerns about perceived lower property
values if annexed, costs to convert to City sewer, potential reduction of street
maintenance, and the quality of emergency services.
At the October 4, 2004, Tustin City Council meeting, a resident of the County island, Dr.
Paul Lewanski, requested that the City of Tustin consider the possibility of annexing the
24-acre unincorporated island. Dr. Lewanski noted that he represented the residents of
that area, and the majority was opposed to annexation to the City of Santa Ana.
In response to Mr. Lewanski's request, the City Council requested that the matter be
agendized for further discussion and that staff identify the major issues. Staff also held a
meeting with LAFCO's staff members to discuss the matter and any broader associated
issues.
To date, City staff has identified the following preliminary associated issues regarding the
County island.
Sphere of Influence
The County Island has been within the Santa Ana sphere of influence since the 1970s.
However, the residents can apply to LAFCO for a sphere of influence amendment.
Although LAFCO staff has indicated they would not support the sphere of influence
amendment if requested by the residents, it is possible that the LAFCO Board would
approve the amendment with or without an approval recommendation from LAFCO
staff.
Amending the sphere of influence for this County Island may set a precedent for future
sphere of influence amendments. Residents of other similar single-family
neighborhoods adjacent to Tustin may wish to deannex from Santa Ana and annex to
Tustin because they associate more with Tustin than with Santa Ana. However, for this
to occur, the City of Santa Ana and LAFCO would have to concur with the
deannexation,.
Santa Ana County Island
November 15, 2004
Page 3
Resident Identification with Tustin
According to Mr. Lewanski, the neighborhood spokesperson, the residents of the
County Island would not oppose annexation to Tustin but are strongly opposed to
annexing to Santa Ana.
Mr. Lewanski has said that the residents associate more with Tustin than with Santa
Ana because they are within the Tustin Unified School District, are served by Tustin
water and cable, use our parks and senior center, and support our businesses.
The Process
On September 20, 2004, the Santa Ana City Council continued their consideration of
the annexation for sixty (60) days. If the Santa Ana City Council approves the initiation
of the annexation, the City of Santa Ana would submit its application to LAFCO.
Recently, LAFCO determined that the annexation would not follow the streamlined
approval process under the County Islands Program but would be subject to a protest
hearing, because the annexation to the City of Santa Ana would require a concurrent
detachment of territory from the Municipal Water District of Orange County (MWDOC).
Therefore, LAFCO would hold a protest hearing and if 50 percent or more of the voters
residing in the territory protest the reorganization, the proposed reorganization shall be
abandoned.
If the residents of the County island were to submit an application to LAFCO for a
sphere of influence amendment, LAFCO would hold a public hearing and make a
decision on the application. If the sphere amendment is approved by LAFCO, the
residents could submit a petition to be annexed to Tustin.
Fiscal Impacts
To identify revenue sources and the costs to the City of Santa Ana of providing
municipal services to the area, LAFCO had a Fiscal Feasibility Report prepared. The
April 11, 2002, Report identified an annual net revenue surplus of $31,705. However,
infrastructure needs were not taken into account. For example, the area is on septic,
and the construction of new sewer mains was estimated by the City of Santa Ana to
cost at least $240,000. According to Santa Ana staff, there may also be storm drain
and street lighting deficiencies, including the possible need for a small pump station.
City of Tustin staff has not conducted an in-depth analysis of these issues.
If the area were eventually annexed to Tustin, a General Plan Amendment and Prezone
would be required prior to annexation. The processing of these actions and associated
work efforts would require staff time that may result in the need to reprioritize other
projects.
Santa Ana County Island
November 15, 2004
Page 4
Staff will continue to monitor the status of the County island and will report back to the City
Council as necessary or take other actions as deemed appropriate by the City Council.
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Scott Reekstin
Senior Planner
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Elizabeth A. Binsack
Community Development Director
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