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Home My WebLink About20 - Western Borders Annexation.. ,._a. CITY OF NEWPORT BEACH MEMORANDUM TO'. Mayor and Council Members FROM: Dave Kiff, Assistant City Manager DATE: August 20, 2004 RE: Agenda Item #20 -- Continued Homer has asked that Agenda Item #20 (relating to the Western Borders Annexation) be continued. He will suggest a time in the near future at which the item should return to Council for consideration. City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 August 24, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2004 --:A Resolution of Application to Reorganize Territory known as the Western Borders Annexation ISSUE: Should the City Council adopt a formal Council Resolution directing City staff to work through Orange County LAFCO to annex lands along the city's western borders? RECOMMENDATION: 1. Determine that the proper boundaries for the Western Borders Annexation area shall be: • West Santa Ana Heights (Section A); • The Area South of Mesa (Section C); and • Emerson Tract (Section D) 2. Adopt Resolution 2004 -_ serving as the Resolution of Application to the Orange County Local Agency Formation Commission ( LAFCO) regarding the reorganization of territory along the city's western borders. DISCUSSION: Background: State law (the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000 [Government Code §56000 et seq.]) governs the way cities, counties, and special districts address boundary issues like incorporations, annexations, detachments, changes in "spheres of influence" ( "SOls "), mergers and consolidations, and combinations of these actions called "reorganizations." Readers can access the Act at www.leginfo.ca.gov. Boundaries for school d istricts are not set via this Act -- generally, county departments of education follow the California Education Code to set school district boundaries. The Act describes the membership and role of the Local Agency Formation Commission ( LAFCO) in each county. Orange County LAFCO, a seven - member body that meets monthly in Santa Ana, addresses local government boundary changes for our region (www.oclafco.ca.gov). Resolution 2004-: A Resolution of Application August 24, 2004 Page 2 Newport Beach has followed the Act to annex the following territory in recent years: • The Newport Coast (effective January 1, 2002); • Eastern Santa Ana Heights (effective July 1, 2003); and • Bay Knolls (effective July 1, 2003). The annexation of these lands meant that almost all properties within Newport Beach's SOI (considered to be the ultimate boundary for a city) had been annexed into the city except for the "Emerson Tract" and the Banning Ranch area of western Newport Beach. Remaining Unincorporated Islands LAFCO law suggests that cities should ultimately annex territories within spheres of influence. The law suggests that cities are generally more effective providers of municipal services (like libraries, public safety, recreation, and street sweeping) than counties or special districts. As such, the law tells LAFCOs to adopt spheres of influence for all cities within each LAFCO's jurisdiction. These proposed annexation areas (shown as Exhibits to this staff report) are island areas between Costa Mesa and Newport Beach — one is within Newport Beach's Sphere and three are within Costa Mesa's Sphere: • The community of West Santa Ana Heights ( "West SAH" or "Section A" — within the Costa Mesa SOI); • The Santa Ana Country Club ( "SACC" or "Section B" — within the CM SOI); • Several hundred parcels south of Mesa Drive ( "South of Mesa" or "Section C" — within the CM SOI), and a Small 9- parcel neighborhood called the "Emerson Tract' (called "Section D" — within Newport Beach's SOI). As the City of Newport Beach processed its application to annex East SAH and Bay Knolls in 2001 -2002, the City of Costa Mesa processed an application to annex about 288 acres in what the city called "Area 7" — roughly what this staff report calls Sections A, B, and C. During the LAFCO process, OC LAFCO formally deleted Section A from Costa Mesa's application because LAFCO staff believed that residents there would quickly generate enough protest (more than 50% of the area's registered voters) to stop an annexation application by Costa Mesa for that territory. As it pulled Section A from Costa Mesa's application, LAFCO then suggested that the Newport Beach City Council consider adding West SAH /Section A to our city's SOI in anticipation of our annexing Section A. Council never formally acted on this request, but it discussed the matter several times prior to today's Council meeting. As noted, Newport Beach was successful in its annexation process for East SAH. But on December 2, 2002, more than 70% of registered voters within Section C protested Costa Mesa's annexation application for Section C, effectively stopping the annexation for at least a year. 2 Resolution 2004 -_: A Resolution of Application August 24, 2004 Page 3 With Section C protesting out of Costa Mesa's application, OC LAFCO staff asked Newport Beach on January 14, 2003 to consider annexing these sections. As noted, these areas are within the City of Costa Mesa's SOL Newport Beach has typically avoided attempting to annex lands in other cities' SOls, because such actions can be adversarial. The City of Costa Mesa has, in the past, indicated a strong resistance to allowing Section B or C to leave Costa Mesa's SOI — they have reiterated that to us again in early 2004. Subsequent meetings have reinforced Costa Mesa's concern about any annexation by Newport Beach of Section B. But we have also discussed with Costa Mesa's staff the possibility of including Section C in our Resolution of Application and letting LAFCO mediate the issue for us. City Manager Bludau and Costa Mesa City Manager Allan Roeder have agreed upon this strategy, pending the Newport Beach City Council's adoption of the Resolution attached today to this staff report. On January 13, 2004, the City Council approved pre - zoning and the environmental review required under the California Environmental Quality Act (CEQA) for Sections A, B, C, and D. Pre - zoning is required before LAFCO can consider any application. We pre -zoned all four areas instead of limiting pre - zoning to A, C, and D, because pre - zoning is a time - consuming and costly effort that we did not want to replicate if your Council chose to add B into the application. Pre - zoning has no effect on the territory in question if such pre - zoning isn't followed by an annexation. At today's meeting, the City Council should select which, if any, of the four sections the Council wishes to include in a Resolution of Application. The Resolution of Application is a requirement of LAFCO law that authorizes City staff and LAFCO to begin the annexation process. For more details about the proposed annexation areas, readers should review staff reports (at www. city. newport-beach. ca. us) dated January 13, 2004 and March 3, 2003. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Annexation itself DOES require CEQA documentation — as noted, this occurred on January 13, 2004. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). 3 Resolution 2004 -_: A Resolution of Application. August 24, 2004 Page 4 Funding Availability: Not applicable. Submitted by: Dave Kiff Assistant City Manager Attachments: Resolution 2004 - (Resolution of Application) Maps of Sections A, B, C, and D 14 Resolution 2004 -_: A Resolution of Application August 24, 2004 Page 5 RESOLUTION NO. 2004- A RESOLUTION OF APPLICATION REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY ALONG NEWPORT BEACH'S WESTERN BORDERS WHEREAS, the City of Newport Beach desires to initiate proceedings pursuant to the Cortese - Knox - Herzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for a reorganization which would concurrently: (1) Annex territory to the City of Newport Beach; and (2) Detach territory from the Sphere of Influence of the City of Costa Mesa; WHEREAS, this reorganization shall be known as the "Western Borders Annexation" and include three distinct "sections" that shall be known as follows: Section A - West Santa Ana Heights Section C - South of Mesa Section D - Emerson Tract WHEREAS, notice of intent to adopt this Resolution of Application has been given by mail to affected and interested agencies; and WHEREAS, the principal reasons for the proposed reorganization are as follows: (a) the City anticipates that it can provide more efficient municipal services, especially in the areas of law enforcement and community recreational services, to the sections than currently provided; and (b) the City seeks to assist the County of Orange, the City of Costa Mesa, and Orange County LAFCO in improving and simplifying the service delivery, jurisdiction, and governance of several unincorporated "islands" adjacent to the City. WHEREAS, the following agencies would be affected by the proposed jurisdictional changes: AGENCY NATURE OF CHANGE City of Newport Beach Annexation City of Costa Mesa Detachment from Sphere County of Orange Annexation of Unincorporated Territory WHEREAS, the territory included within the boundaries of the reorganization - which may be completed in separate and distinct phases -- is inhabited and an approximate 5 Resolution 2004 A Resolution of Application August 24, 2004 Page 6 description of the ultimate boundaries of the territory after all phases are complete is set forth in Exhibits A and B and attached hereto and by this reference incorporated herein; and WHEREAS, spheres of influence will be concurrently amended for the City of Newport Beach and the City of Costa Mesa; and WHEREAS, it is desired that the proposed reorganization be subject to terms and conditions established by the Local Agency Formation Commission; and WHEREAS, the City of Newport Beach has prepared and adopted (on January 13, 20041 environmental documents for the reorganization in compliance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines in conjunction with, where applicable, the adoption of a General Plan Amendment and Pre - zoning for the Sections; now, therefore be it RESOLVED that the City Council of the City of Newport Beach hereby adopts and approves th s Resolution of Application, and the Local Agency Formation Commission of Orange County is hereby requested to begin proceedings for the reorganization of territory as illustrated in Exhibits A and B (the "Western Borders Annexation "), according to the terms and conditions established by LAFCO and in the manner provided by the Cortese - Knox - Herzberg Local Government Reorganization Act of 2000. ADOPTED this 24`h Day of August, 2004. TOD W. RIDGEWAY Mayor of Newport Beach ATTEST: LaVONNE HARKLESS Newport Beach City Clerk s0 Western Borders 4!.1 City Boundary A. Annexation Area Aft • s.. i i �' G �d� L �� tom/ ' %i. � «�� '' .� �b'�'1� Section A r Section B Section C W \� ,e, -f•�`: a t4 a. • '+r� . �- /\::' '� r,>X f.: "'w, z.e`a•.� t:." dye ♦ ,,� �v'�,' ,,, .Y a!'�,..ti 3liN �'i fs,s`v��{ Cs •i^ 'r� �`�� a- .!yy�y('�y � •.�� ': � ��k7' .°.�,��y �� i v kM Ti'✓.'97� •^.1I ��..\ F'�..T'�'. { r,/x{.�t.�j• _VG may: � ,,i.� -' ��N. }� .'� ; ^�•' •, \1 \.4 _ Y ,� :� a .. Exhibit B Western Borders Annexation Emerson Area Boundary Annexation Area c Section D Ira I, j� 6 PF r ..; . Cyr J, ��.4, C. ' � �.M'r i >' �. , Ate? - '� � �� 4 •�'1,, 1� t, ` /�•� r V x, Ov ` Ai y.y � x Ilk AL �:� -