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of written protests filed and not withdrawn pursuant to Government Code Section 57075;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
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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 ) /