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Resolution Number 88-4-19-3057 RESOLUTION NO. 88-4-19-3 TERMINATING ANNEXATION PROCEEDINGS - WESTSIDE ANNEXATION NO. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND TERMINATING ANNEXATION PROCEEDINGS WITH RESPECT TO WESTSIDE ANNEXATION NO. 2 WHEREAS, the City Council held public hearings as the conducting authority for Westside Annexation No. 2 on February 9, and March 1, 1988, pursuant to Government Code Sections 57050 and 57051; and, WHEREAS, the City Council closed the protest hearing on the proposed Westside Annexation No. 2 on March 1, 1988; and, WHEREAS, the City Council is required to make a finding regarding the value of written protests filed and not withdrawn pursuant to Government Code Section 57075; and, WHEREAS, the County Registrar of Voters has submitted to the City Council a corrected certificate as to verification of protest signatures dated March 17, 1988; and, WHEREAS, said certificate concludes that there are a total number of 40 registered voters within the affected territory and that there are a total number of protest signatures of 22, which have been verified as valid. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, as follows: SECTION I. Termination of Proceedings. Based upon the County Registrar of Voters' verification of signatures dated March 17, 1988, the City Council hereby terminates the annexation proceedings for Westside Annexation No. 2 pursuant to Government Code Sections 57075 and 57078. The termination of proceedings is based upon the Registrar of Voters' representation that of the total number of registered voters within the affected territory, more than 50% of said voters have signed protests against the proposed annexation. SECTION 2. Existing Sphere of Influence Should Remain the Same. Notwithstanding the City's termination of annexation proceedings, the City Council strongly recommends to the Local Agency Formation Commission that the existing sphere of influence, which designates the affected territory of this annexation to be within the City's sphere of influence line, remain the same. SECTION 3. Future Annexations for the Same Area. Government Code Section 57090(a) provides that a substantially similar annexation proposal may not be initiated within a one-year period, unless the Local Agency Formation Commission waives this limitation based on a finding that such a limitation would be detrimental to the public interest (Section 57090[b]). The City Council strongly recommends to the Local Agency Formation Commission, that the Local Agency Formation Commission exercise its authority to waive the one-year limitation should the City, or any other interested party, file a similar annexation proposal within the next 12 months. The basis for this recommendation is that the County Registrar of W Voters experienced difficulty in developing accurate information as to the total number of voters within the affected territory and the valid number of protest signatures thereto regarding Westside Annexation No. 2. In addition, the City of San Juan Capistrano has gathered independent information which called into question the validity of five signatures of one particular family who claim to be bonafide residents within the territory. Information supporting these findings is attached as A-1 through A-20, and incorporated herein by reference. In addition, the subject territory is experiencing significant growth and new persons are moving within the territory on a weekly basis. In light of all of these facts, the City Council concludes that it is in the best interest of the community that the Local Agency Formation Commission favorably consider a waiver of Government Code Section 57090(a) in the event that a substantially similar application is filed within the next 12 months. PASSED, APPROVED, AND ADOPTED this of April ,1988. ATTEST: 'CITY CLEF STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 19th GARY L. HAUSDORFER, 4R day 1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 98-4-19-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 19th day of April 1988, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES. None ABSENT: None (SEAL) MARY AN ANOVE , CI I Y CLERK -2- AGENDA ITEM ' TO - FROM: SUBJECT: SITUATION: Summary Stephen B. Julian, City Manager Mary Ann Hanover, City Clerk Westside Annexation No. 2 Protest Hearing Results March 15, 1988 Westside Annexation No. 2 was approved by LAFCO on November 18, 1987. State law requires a subsequent public hearing by the annexing City. If certain minimum percentages of registered voters or property owners in the annexed area protest the annexation, an election is required or the annexation terminated. Otherwise, the annexation can be completed as submitted. A public hearing was held on February 9, to take public testimony and continued to March 1, at which time the hearing was closed. Sufficient protest of 47% of registered voters residing within the affected territory has been received to trigger the election process. Background On November 18, 1987, the Local Agency Formation Commission approved the City's proposed Westside Annexation No. 2. The annexation area containing approximately 200 acres of land adjacent to the City limits. State law requires further public review and approval before an annexation can be completed. Following LAFCO approval, the affected City must hold a public hearing to receive input from residents and property owners within the proposed annexation area. The required public hearing was held on February 9 and continued to March 1 to allow for additional input, at which time the public hearing was closed. The following is a summary of the applicable sections of state law (Government Code 57075) regarding annexation protests: • The annexation must be terminated and abandoned if over 50% of the registered voters living within the annexation area protest the annexation. • If 25-50% of the registered voters protest, an election must be held to confirm the annexation; or, if at least 25% of the number of land owners who also hold at least 25% of the assessed valuation protest, an election also must be held to confirm the annexation. • If neither the registered voter nor the landowner protests equal or exceed the above 25% requirements, the annexation may be ordered complete without election or any further proceedings. �\ EXHIBIT A, Page 1 ;Lp, 6� H 062 Agenda Item March 15, 1988 -2- If an election is held, approval of the annexation by a simple majority of the registered voters residing within the affected territory voting in the election would constitute confirmation and would authorize completion of the annexation. If the annexation is approved, LAFCO is requiring the detachment of existing special districts from the annexation area to avoid the duplication of services and the reallocation of property tax revenues from such districts to the City. In this case, the affected special district is the Laguna Niguel Community Service District. Results Attachment No. 1 documents the results of the protest hearing. The information has been verified by the County Registrar of Voters and the City Clerk in accordance with Government Code provisions. Since there were only two property owner protests, the section relating to this category is not applicable. The applicable section is related to registered voters. There were 38 valid registered voters residing in the area at the close of the protest hearing, and the City has received 18 valid protests, which constitute less than 50%. Therefore, there is sufficient protest to initiate an election. Council Actions Adopt the following Resolutions: 1. Making findings, ordering change of organization, and calling special election consolidated with the November 8, 1988, General Election (Government Code Section 57132) 2. Requesting Consolidation with the November 8, 1988 General Election. NOTIFICATION: All residents and property owners within the annexation area have been notified of this process. COMMISSION/BOARD REVIEW, RECOMMENDATION: Not applicable. FINANCIAL CONSIDERATIONS: As in all annexations, there will be a resulting increase in both cost and revenues to the City. In the present case, we expect cost and revenues to substantially balance over time. Cost for an election regarding the annexation will be minimal and probably not exceed $2,500. EXHIBIT %, Page 1. Agenda Item -3- ALTERNATE ACTIONS: 1. Adopt the enclosed resolutions and order an election. 2. Terminate the annexation. March 15, 1988 063 Adopt the attached resolutions making findings regarding the protest hearing and order an election for November 8, 1988. Respectfully submitted,/ MARY AN HANOVER MAH/mac Attachments EXHIBIT A, Page 3 C Ii a z z z z N N N N OJ 71 d 01 r r r r v v v v y v v v v v r r r r r r r r r r z z z z z z d Gl d N � N 4J N r r r r r r r r c c c c v v v v m m m m v v v v 0 o ro ro .0 .0 .0 v d p p L u V) V) v) V) CL a u u a a a a oa ea N —urom o0 oa o0 a a a a c c O O c c 5 5 c Q) v v M `m c C Q cOV� .�.. J IiJ N n J b G t ro ro O o Y a a v v w v Y ¢ u c^ c^ c ATTACHMENT 1 a a u u Page 1 of 3 W 04 W ao 3 3 0 0 0 0 C C C C O ` L L d N u u u u cc m cc m u u C7 U S 2 n n n n EXHIRIT A, Page 4 N O O C OZ Z � N � d �i N h Z .a oa oz° z° v > Ra ror Z cat a2 LU az 'n F to N O O N N 3d o> CL C Ii a z z z z N N N N OJ 71 d 01 r r r r v v v v y v v v v v r r r r r r r r r r z z z z z z d Gl d N � N 4J N r r r r r r r r c c c c v v v v m m m m v v v v 0 o ro ro .0 .0 .0 v d p p L u V) V) v) V) CL a u u a a a a oa ea N —urom o0 oa o0 a a a a c c O O c c 5 5 c Q) v v M `m c C Q cOV� .�.. J IiJ N n J b G t ro ro O o Y a a v v w v Y ¢ u c^ c^ c ATTACHMENT 1 a a u u Page 1 of 3 W 04 W ao 3 3 0 0 0 0 C C C C O ` L L d N u u u u cc m cc m u u C7 U S 2 n n n n EXHIRIT A, Page 4 065 N V c E E 0 U N 0 O oZ aai°i v y, y w N H O E. Z a oz F > N N N N N N N iA V1 N N N N N N N N N a V 9 d N N4a a, v a a, a, a a a! a, 0 a, a, w a, ze r} r r r r r r} Z uj ax p o O 0 O 0 0 0 0 0 O a z z z z z z z z z z 3 d Y d 4, G, W d N d v v 0L. v v m ro u C a > > a a u 4 VI C U U t 0 0 U U U a c N 10ro c c O O Y O O O O O O N V Y Y a, o, 7. > v o O — > > E E E a 3 3 O O i i 3 3 a C .3 L �J 3 3 3 a— — — — — — v v � ro 0 0 0 a, C d O O O v m U G p nm. w Y c a ATTACHI�N' G T U v 3 N y c c c V n n Page -2 of m ro m c N a, v ^ 3 3 v v aE v v v v ae0 o mm v l� pub E E E a a E�(ulD� SS `� A, Page 5 N Z Z Z V D. N � �F ZJ 0 oz z F ' (/1 IA N VI N N VI VI N N N Lu a> r r r r r r r r r r r zuj ¢x W F F a z° zG zG zG z° wa v v v v v v v v 3a o y r r r r r r r r n. r ro ro ai a, w a �° ro ar v ar woo u O O GO C! (U N Q w u�i oC0 oC0 oC0 b b y v v c c c u F F F c m' m' m O O a an a, a W ID 00 en N N a a 0 a 00 N a V N1 O FL^ y U ro m w v CL a N N C � � O C E E y - ¢ °: 0 U 0 Z 0 d N Z Z Z V D. N � �F ZJ 0 oz z F ' (/1 IA N VI N N VI VI N N N Lu a> r r r r r r r r r r r zuj ¢x W F F a z° zG zG zG z° wa v v v v v v v v 3a o y r r r r r r r r n. r ro ro ai a, w a �° ro ar v ar woo u O O GO C! (U N Q w u�i oC0 oC0 oC0 b b y v v c c c u F F F c m' m' m O O a an a, a W ID 00 en N N a a 4J ro N ro a! T L G ons � a .' z O a) VI N ro ro ro �'• CJ aJ ro U U N N N G. G D; Q ATTAC}4AENT Pae 3 of 8 C v ,i •r � 'A Ln vi vii vii > > } FO EXHIBIT A, Paoe 6 March 17, 1988 INTY OFO Ft^NOK REQ£IVE9 SERVICES AGENCY P4 �Ag 4n IB 1 Sb REGISTRATION 3 ELECTIONS DPAW- DONALD TANNEY REGISTRAR OF VOTERS 1300 S. Grand Avenue Santa Ana, CA 92705 (714)834.2244 TDD (714) 834.3413 Mary Ann Hanover, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 RE: BEAR BRAND RANCH/SAN JUAN CAPISTRANO WESTSIDE ANNEXATION 2 Dear Mrs. Hanover: a.acorr 067 0"CIM. Go we S5 ii:aa Agency Mailing Addroaa PO Box 11299 Santa Ana. California 92711 On February 29, 1988 I provided to you a CERTIFICATE AS TO VERIFICATION OF SIGNATURES FOR INITIATIVE PETITION regarding the above referenced annexation. I am now in possession of information which may cause the city to reevaluate the annexation issue with regards to the number of valid signatures contained on the protest petitions. Five registered voters (Janelle Anderson, Anita Bangerter, Lee Bangerter, Edward Bangerter and Scott Bangerter), who signed protests to the proposed annexation, were considered to be invalid signers of the protest petition as their declared place of residence, 31645 Peppertree Bend, San Juan Capistrano, did not appear to be within the annexation territory according to their street address and your map of the annexation area. Our records, which show registration status by street address and not by parcel number, indicate that any/all registered voters with a Peppertree Bend street address reside within the San Juan Capistrano city boundaries and therefore said registrants would not be able to protest the annexation. However, from information provided by the registrants, a second review of the map of the annexation territory, and our discussions of March 16 and March 17, it is clear that the registrants' address does not accurately reflect the actual situs address of the residence, and that the actual parcel of land on which these five registrants have established domicile is not in the city, but is in fact part of the area sought to be annexed. Based on the preceding comments, I feel compelled to issue a corrected Certificate regarding the protest petition reviewed by my office (original attached). -)�'tcXc4ry auy EXHIBIT A, Page 7 J-5:8 -jrrx 068. Mary Ann Hanover, City Clerk City of San Juan Capistrano March 17, 1988 Page 2 Additionally, with reference to Nancy Smart, 11 Tattersall, San Juan Capistrano, her registration was received by our office on 3/1/88, and if she signed a protest against the annexation on 3/l/88, before the actual close of the protest hearing (3/l/88), and her signature on the petition matches her.. signature on her affidavit of registration, her protest would also appear to have been valid. If you have any questions please do not hesitate to contact me at 834-3262. Donald Tanney Registrar of Voters DFT:mc cc: Robert 0. Hill w/encl Lee Bangerter w/encl Janelle Anderson w/encl Nancy Smart w/encl Bob Curry, Latham 8 Watkins w/encl Attachments EXHIBIT A, Page 8 069 CORRECTED CERTIFICATE AS TO VERIFICATION OF SIGNATURES FOR INITIATIVE PETITION State of California) ) Ss. County of Orange ) I, Donald Tanney, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the petition protesting the Bear Brand Ranch Community Residential Territory to the City of San Juan Capistrano. I further certify that from said examination I have determined the following facts regarding these documents: Number of signatures examined: 24 Number of signatures verified: 22 Number of signatures found invalid: 2 Number of signatures found invalid because of being duplicate signatures: 0 Total number of registered voters in the described portion as of February 29, 1988: 40 WITNESS my hand and official seal this 17th day of March, 1988. �6X6ZC� DONALD TANNEY'� Registrar of Voters Orange County EXHIBIT A, Page 9 0'70 CITY OF SAN JUAN CAPISTRANO COMMUNITY PLANNING AND DEVELOPMENT FIELD INSPECTION REPORT Date of Inspection: February 9, 198E Property Owner/Lessee: Bangerter Phone 0: Not known Street Address (Location): 31643 Peppertree Bend Zoning District:Residential A.P. Number: TR 10393 Complainant: Routine Inspection Phone Number: Field inspection Observations: 1 was asked to make an inspection at the subject address to determine if this building's sewer lateral was hooked up to the City sewer system. I arrived at the job site at 9:43 and noticed the garage door open. I observed bedroom furniture and some bicycles stored in the garage. 1 walked to the front dbor and found It locked, but I did look into the front window and noticed a new carpet was laved and6no furniture in any room that I could see from that view. Walking back by the garage, the General Contractor drove up and spoke to me. He stated that the Bangerters had not moved into the house because there was a sewer hook- up problem. They felt this was going to be resolved very shortly. I asked if I could go into the house and he stated the Bangerters would not like to have any City people do so. I then left the site and reported this to the Buila;ng Official. Photographs Taken: Yes No X Date: Noted following violations of San Juan Municipal Code: No City code ordinance violation was observed. I could not determine if the sewer lateral had been hooked up to the City's sewer system. Date: February 11. 1993 By::R gti Q Title: Sr. Building & Grading Inspector EXHIBI?A, r ve 10 071 aa�e"� ,r of of�LA 01"PIAL BRA 22621 Ta1TIpM N G E uouMA HILLS, CA R+W ar. ENVINONMENTAi MANAGEMENT AGENCY essuuTON 12 CIVIC CENTtA •L62A SANTA ANA. CAWFOOM1A 02702400 1141 O&AM February 23, 1988 Mr. Mark Gibson, Building Official City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: City of San Juan Capistrano request for a statement op the status of building permit for the single family dwelling at 31645 Peppertree Bend. San Juan Capistrano area (Re: Building Permit No. 82713). ` Dear Mr. Gibson: Per Mr. Merrill's request, this letter is to confirm that the subject bu lding permit has not been finaled. ?his permit has the following notation in he remarks portion of the permit: "Plans approved by the Moulton Niguel Water district for the private force main and lift station must be submitted to the Building Department and a permit issued prior to issuance of use and occupancy." This notation will prevent any inadvertent release of this dwelling. If /ou need any additional information or clarification of the above, please contact ze at 472-7901. WEE:sjk Very truly yours, W. E. Eckles, Manager Building Inspection Division/SCRB EXHIBIT A. Page II 072- MaMon1 1 Pebruary 29, 1988 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mr. Thomas .4arrell Director of Commmunitv Planning and Development Regarding: Improvement District 7 Lee Bangerter 31645 Peppertree Bend San Juan Capistrano Dear Mr. Merrell: A portion of a parcel owned by Mr. Bangerter is within the Moulton Niguel Water District's boundaries. We understand that Mr. Bangerter built a house within that portion of the land he owns; a.-3 therefore, since it is in our District, he is entitled to have water and sewer service from our District, provided that he constructs facilities to our ,earest system to his parcel. It is to the best of our knowledge that, as of this date, he has not tied his sewer system to ours. And, it is also our understanding that he is not receiving water service from our District. We will not be opposed to entering into a service agreement with you, be it temporary or permanent, to provide sewer service to this project. If you have any questions, please to not hesitate to call. Sincerely. Mpt1I�l'OK 1RGUp, WATII! DISTRICT '//J�// Carlo H. Habash Director of Engineering CHH: vs a pudic agency 27500 La Pat ROW, Laguna N guei Camomia 926563489 714;641.2584 EXHIBIT A, Page 12 EXHIBIT D + V L V < V a ,La'La 7 Y V ay^<Yyr r r' '`<>/ EXHIBIT A, Page 13 074 March 21, 1988 The City of San Juan Caistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mr Glenn Southerd Dear Glen: I. am one of the households interested in Tract 9880 beinp annexed into th City of San Juan Caistrano. I personally resent the actions of a group that would disenfranchise many of us that are either just moving into our homes or who plan to do so in the near future. I hereby request that the city council have the matter placed on the next November ballot so that all of the residents can have an opportunity to vote on annexation. My household will have _�L persons who will be eligible to vote at that time. Sincerely, 2 address date EXHIBIT A, Page 14 MAR 2 3 198b 0'75 March 21, 1988 The City of San Juan Caistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mr Glenn Southard Dear Glen: I am one of the households interested in Tract 9880 being annexed into th City of San Juan Caistrano. I personally resent the actions of a group that would disenfranchise many of us that are either just moving into our homes or who plan to do so in the near future. I hereby request that the city council have the matter placed on the next November ballot so that all of the residents can have an opportunity to vote on annexation. My household will have persons who will be eligible to vote at that time. Sincerely, e4, 4Ki1iC 54 , !� address dale EXHIBIT A, Page 15 MAR 2 3 1988 Bob Jacobsen Associates, Inc. One Walking Stick • Laguna Niguel, CA 92677 • (714) 240-3513 RereivEr MaA 23 21� PN'P8 ;;TY aLt r +''M March 21, 1988 The City of San Juan Caistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mr Glenn Southerd Dear Glen: ���n I am one of the households interested in Tract 9880 being annexed into th City of San Juan Caistrano. I personally resent the actions of a group that would disenfranchise many of us that are either just moving into our homes or who plan to do so in the near future. I hereby request that the city council have the matter placed on the next November ballot so that all of the residents can have an opportunity to vote on annexation. My household will have 2 persons who will be eligible to vote at that time. Sincerely, c�'Z�A� WQ9�� q `(�/�lk &nS 2 3 2 1! g g �5 ad ress date EXHIBIT A, Page 16 0'7'7 March 21, 1988 The City of San Juan Caistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mr Glenn Southerd Dear Glen: I am one of the households interested in Tract 9880 being annexed into th City of San Juan Caistrano. I personally resent the actions of a group that would disenfranchise many of us that are either just moving into our homes or who plan to do so in the near future. I hereby request that the city council have the matter placed on the next November ballot so that all.of the residents can have an opportunity to vote on annexation. My household will have parsons who will be eligible to vote at that time. Sincerely, address date EXHIBIT A, Page 1; MAR 2 4 1988 i March 21, 1988 The City of San Juan Caistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mr Glenn Southerd Dear Glen: I am one of the households interested in Tract 9880 being annexed into th City of San Juan Caistrano. I personally resent the actions of a group that would disenfranchise many of us that are either just moving into our homes or who plan to do so in the near future. I hereby request that the city council have the matter placed on the next November ballot so that all of the residents can have an opportunity to vote on annexation. My household will have iL persons who will be eligible to vote at that time. Sincerely, Mfg h 19&e 3b,5/9& dPL4- address9 �,UU yam( date EXHIBIT A, Page 18 MAR 2 4 1988 079 March 21, 1988 The City of San Juan Caistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mr Glenn Southerd Dear Glen: I am one of the households interested in Tract 9880 being annexed into th City of San Juan Caistrano. I personally resent the actions of a group that would disenfranchise many of us that are either just moving into our homes or who plan to do so in the near future. I hereby request that the city council have the matter placed on the next November ballot so that all of the residents can have an opportunity to vote on annexation. My household will have Z. persons who will be eligible to vote at that time. Sincerely, 3/-)-'Vf r 141 k1 x pe�e-"t EXHIBIT A, Page 19 3AS/88 driu- MAR 2 4 1988 March 21, 1988 The City of San Juan Caistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mr Glenn Southerd Dear Glen: I am one of the households interested in Tract 9880 being annexed into th City of San Juan Caistrano. I personally resent the actions of a group that would disenfranchise many of us that are either just moving into our homes or who plan to do so in the near future. I hereby request that the city council have the matter placed on the next November ballot so that all of the residents can have an opportunity to vote on annexation. My household will have Z persons who will be eligible to vote at that time. Sincerely, 3 t' e OAC L.o j/ lr /V'F address date sic EXHIP17 A, Page 203%Y to 2 81988 .L ) /