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HomeMy WebLinkAboutAgenda Statement 1978/04/25 Item 16= - ~• CITY OF CHULA VISTA - - •- COUNCIL AGEiVDA STATEMEiVT Item No. 16 For meeting of 4/25/78 ITEM TITLE Resolution 9089 - Initiating the annexation of the East "H" Street/Hilltop Drive island territory under the provisions of the Municipal Organization Act of 1977 (MORGA) SUBMITTED BY Director of Planning ITEM EXPLANATION A. BACKGROUND (4/5TH'S VOTE REQUIRED YES N0~) 1. At the meeting of January 3, 1978 Council considered staff's recommendation for five areas for possible annexation under the provisions of MORGA and requested addi- tional information regarding all potential island annexation areas. 2. At the meeting of January 17, 1978 Council considered all potential island annexation areas and accepted staff's recommendation to prepare maps, description, and materials to be submitted to LAFCO requesting annexation of island areas 1, 2, and 3 as shown. Supervisor Hamilton requested that Council withhold any consideration of sub- mitting requests for the annexation of island areas 4 and 5 in the Montgomery area until completion of the present study being made by the Montgomery Municipal Advisory Council for annexation/incorporation of the area. The study is to be completed in April 1978. B. DISCUSSION 1. The Act. The Municipal Organization Act of 1977 (MORGA), effective January 1, 1978 provides that a Local Agency Formation Commission, after notice and hearing, may authorize the board of supervisors to cause unincorporated territory to be annexed to a municipality without an election, whether such territory is inhabited or not, if all the following criteria are met: a. The territory does not exceed 100 acres in area and these 100 acres constitute the entire island; b. The territory is surrounded or substantially surrounded by the annexing city, by the annexing city and adjoining cities, by the annexing city and a county boundary, or by the annexing city and the Pacific Ocean; NGW : hm EXN I B ITS ~conti nuea on supp i ementa i page ~ Agreement Resolution X Ordinance Plat Notification List OtherExhibit A ENVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAL IMPACT STAFF RECOMMENDATION Adopt a resolution of application initiating the annexation of the East "H" Street/ Hilltop Drive island territory and authorize staff to file the application with LAFCO. BOARD/COMMISSION RECOMMENDATION A P P R O V E D b;l the COUNCIL ACTION C~.ty~ Cotarcil o:t L-a~ule. ~'.s l-a, Calirornia ~~ated........y-..d5.....~ ~...... • ~ AGENDA I1-EM NC. 16 ' Meeting of 4/25/78 Supplemental page No, 2 c. The territory is substantially developed or developing; d. The territory is not prime agricultural land; and e. The Local Agency Formation Commission finds that such territory to be annexed will benefit from the annexation or is receiving benefits from the annexing city. This provision will apply only to "island" territories in existence on January 1, 1978 and the provision will be in effect only until January 1, 1981. 2. Meeting with residents. On March 3, 1978 the property owners of island area 3, East "H" Street/Hilltop Drive island territory, were invited by letter to attend an informal meeting on March 10, 1978. At the meeting staff discussed the provisions of the recently enacted legislation, current county services and subsequent municipal services if annexation occurred. Three property owners out of eight in the area attended the meeting. Of these, one opposed annexation, one was in favor, and one was undecided. 3. Application materials prepared. Staff has prepared the necessary materials to be submitted to LAFCO for annexation of the East "H" Street/Hilltop Drive island territory. Materials to be submitted include 1) legal description of the area; 2) official annexation map showing the boundaries of the area; 3) LAFCO annexation application and petition forms; and 4) a plan for providing services to the area (see Exhibit A). 4. Prezoning. The City Council adopted ordinance No.1363 on Oft. 5, 1971 prezoning the subject area to R-1-10. The prezoning classification is consistent with the existing land use of single family dwellings. The Environmental Review Coordinator has certified that the annexation of island area 3, East "H" Street/Hilltop Drive island territory, is exempt from environmental review under the class 19 exemption. 5. Additional procedures. a. Preliminary proceedings can be initiated by the City Council by adoption of a resolution of application requesting annexation of the particular island area. Preliminary proceedings shall be deemed initiated on the date the resolution of appli- cation is accepted for filing by the executive officer of LAFCO. b. Upon receipt of the City's resolution of application, LAFCO will hold a noticed public hearing and if the findings required by the Act can be made, LAFCO will adopt a resolution approving the annexation and designating the the Board of Supervisors as the "conducting authority." c. The Board of Supervisors will then hold a noticed public hearing. The conducting authority may, upon conclusion of the hearing, adopt a resolution ordering the annexation without an election. If, however, the conducting authority disapproves the annexation, such authority shall by resolution terminate proceedings. 6. Notification. Staff has notified the residents of the East "H" Street/Hilltop Drive island annexation area of Council's consideration of this matter on April 25, 1978.