Local Agency Formation Commission

Regular Meeting Agenda

 

Wednesday, March 26, 2003

9:00 a.m.

Board of Supervisors Hearing Room, Room 381B

Kenneth Hahn Hall of Administration

500 West Temple Street, Los Angeles 90012

 

 

************************************************************************

A person with a disability may contact the LAFCO office at (818) 254-2454 at least 72‑hours before the scheduled meeting to request receipt of an agenda in an alternative format or to request disability-related accommodations, including auxiliary aids or services, in order to participate in the public meeting. Later requests will be accommodated to the extent feasible.

************************************************************************

 

1.         CALL MEETING TO ORDER.

 
2.         Pledge of Allegiance will be led by CHAIRMAN PELLISSIER.

3.         HEARINGS

 

a.         Palm Ranch Irrigation District, Annexation No. 1-2001 – consisting of Tract No. 51980 (17.88 acres) and Tract No. 53069 (10 acres), located in the Rancho Vista area in the City of Palmdale.  The landowner is Harris Homes.

b.                  City of Bell, Reorganization No. 2002-01 - approximately 76.6 acres of uninhabited territory between the Cities of Bell and Cudahy. The applicant is the City of Bell.

 
c.                   Consideration of proposed out-of-agency contract for fire protection services by and between the City of Montebello and the City of Commerce pursuant to Government Code Section 56133(e).

 

4.         PROTEST HEARINGS

 
a.                   Protest hearing on County Sanitation District No. 20, Annexation 51 - 48.410 acres located on 37th Street East, approximately1300 feet south of Avenue S, in the City of Palmdale.  The landowners are Pardee Construction Co. (Theodore J. Cullen, V.P/Rosemary Bonnevie, Asst. V.P.), and numerous individual owners.

1.  Order Annexation No. 51 to County Sanitation District No. 20 or terminate annexation proceedings based upon outcome of protest hearing.
 

b.         Protest hearing on County Sanitation District No. 26, Annexation No. 325 - four parcels totaling 22.519 acres located near Sierra Highway, approximately 3000 feet northeasterly of its intersection with Soledad Canyon Road, in the City of Santa Clarita.

1.  Order Annexation No. 325 to County Sanitation District No. 26 or terminate annexation proceedings based upon outcome of protest hearing.

 

5.         SPECIAL ITEM

 
a.                   Approve Minutes of the meeting held March 12, 2003.

 

6.         PUBLIC COMMENT

 
This is the opportunity for members of the public to address the Commission on items that are not on the posted agenda, provided that the subject matter is within the jurisdiction of the Commission.  Speakers are reminded of the three-minute time limitation

 

7.         FUTURE MEETINGS

 

            April 9, 2003

            April 23, 2003

 

8.         NEW BUSINESS

 

This is the opportunity for commissioners to discuss matters not on the Posted Agenda (to be discussed and upon Commission approval placed on the Agenda for action at a future meeting).

 

9.         ADJOURMENT MOTION


STAFF REPORT

 

MARCH 26, 2003

 

PALM RANCH IRRIGATION DISTRICT

ANNEXATION NO. 1-2001

 

AGENDA NO. 3A

 

 

Agenda Item No. 3A is an uninhabited annexation proposal initiated by the Palm Ranch Irrigation District at the request of the landowner.  The request for change of organization includes the following jurisdictional changes:  annexation of two parcels to the Palm Ranch Irrigation District and detachment of an 8,000 sq. ft. parcel from the Quartz Hill Water District.

 

Location:  Tract 51980 is located at the southeast corner of Avenue N and Rancho Vista Boulevard (50th Street West).  Tract 53069 is located 660 feet south of Avenue N on the west side of 45th Street West.  Both parcels are located in the Rancho Vista area of the City of Palmdale.

 

Surrounding and Present Land Uses:  The surrounding land use consists of residential and vacant land.  The present land use is undeveloped; zoned single-family residential, 0-3 dwelling units per acre.

 

Sphere of Influence:  The proposed annexation is consistent with the adopted spheres of influence for all of the affected agencies.

 

Proposed Development: The landowner, Harris Homes, is proposing to subdivide Tract 51980 into 40 single-family residential lots (minimum lot size 13,000 sq. ft.); and Tract 53069 into 22 single-family residential lots (lot sizes range from 13,010 to 14,893 sq. ft.) and  one detention basin.

 

Provision of Services:  The Palm Ranch Irrigation District currently has facilities in place to provide water to the subject tracts.

 

CEQA:  On April 20, 2000, the City of Palmdale Planning Commission certified the negative declarations for the projects and made a determination that the projects will not have a significant effect on the environment.

 

Tax Transfer:  All affected agencies have adopted the appropriate tax transfer resolution.

 

Correspondence: Staff has not received any correspondence in opposition to or in support of this proposal for annexation.


 

Recommended Action

 

1.      Acting in its role as a responsible agency with respect to Annexation No. 1-2001, pursuant to State CEQA Guidelines Section 15096, LAFCO certifies that it has independently considered and reached its own conclusions regarding the environmental effects of the proposed project and the negative declarations certified by the City of Palmdale, as lead agency, and has determined that the documents adequately address the environmental impacts of the proposed project.  LAFCO finds that it has compiled with the requirements of CEQA with respect to the process for a responsible agency, and hereby adopts by reference the negative declarations previously adopted by the City of Palmdale in connection with its approval of the proposed project.

2.      Adopt resolution making determinations and approving annexation of the subject territory to the Palm Irrigation District, and the detachment of an 8,000 square foot parcel from the Quartz Hill Water District.

 

3.      Order that the proposed annexation shall be subject to the Annexation and Subdivision Water Service Agreement entered into between Palm Ranch Irrigation District and Harris Homes.

 

4.      Pursuant to Government Code Section 57002, set May 14, 2003, at 9:00 a.m., as the date for Commission protest proceedings.


 

STAFF REPORT

 

MARCH 26, 2003

 

CITY OF BELL REORGANIZATION NO. 2002-01

 

AGENDA ITEM NO. 3B

 

 

Agenda item No. 3B is a proposal requesting reorganization of approximately 76.6 acres of uninhabited territory between the Cities of Bell and Cudahy. The applicant is the City of Bell, the proposal being initiated by City of Bell Resolution No. 01-33.  The application was received on January 7, 2002.

 

Related Jurisdictional Changes: Detachment of territory from the City of Bell and annexation of the same said territory to the City of Cudahy.  Detachment of said territory from Los Angeles County Sanitation District No. 2 and annexation of same said territory to Los Angeles County Sanitation District No.1. The proposal also includes a sphere of influence amendment for both the City of Bell and the City of Cudahy.

 

Location:  The subject territory is south of Florence Avenue, west of the City of Bell Gardens limits and along the 710 Long Beach Freeway, north of the City of South Gate limits, and east of the City of Cudahy limits and along the Los Angeles River.

 

Description: The proposal consists of flat, uninhabited territory and includes a portion of the Los Angeles River Channel.  The subject area mainly consists of public easements maintained by the City of Los Angeles Department of Water and Power and the Los Angeles Department of Transportation.  Principal access to the area is through the City of Cudahy. 

 

Purpose of the Request:  Both cities have determined that the reorganization will lead to service and cost efficiencies.

 

Surrounding Land Uses:  Current land uses of the subject territory are Government M iscellaneous and Miscellaneous Utility, Pump, Plant or State.  Land uses to the east, in the City of Bell Gardens are: Single-family residential (R-1), Multiple-family Residential (R-3) and Commercial (C-1).  Land uses to the south, in the City of South Gate are:  Manufacturing (M-2) and Heavy Manufacturing (M-3).  Land uses to the west, in the City of Cudahy are:  Multiple-family residential (R-2, R-3), public and institutional uses (Civic Center and Park). 

Services:  Upon approval the City of Cudahy will assume operation and maintenance of all services in the subject area.


Police Services: The City of Cudahy will assume all services.  No additional costs are anticipated.

 

Fire Protection Services: The City of Cudahy will assume all services.  No additional costs are anticipated.

 

Public Works: The City of Cudahy will assume street sweeping, road and bridge maintenance, street lighting and other public works related maintenance.  Maintenance and operation cost to the city is estimated at $10,000.

 

Utilities:  The area is serviced by Southern California Edison.  No changes are proposed.

 

Planning & Building Services:  The City of Cudahy will assume all services.  No changes are anticipated.

 

CEQA:  This reorganization is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, section 15319, because the annexation consists of existing public and private structures developed to the density allowed by the current zoning..

 

Term and Conditions: The City of Cudahy shall accept all facilities transferred from the City of Bell in an “as is” condition.  The City of Bell shall not be obligated for further payment or repair.

 

Tax Transfer:  All affected agencies have agreed to the negotiated exchange of property tax revenues and have adopted the appropriate tax transfer resolution.

 

Sphere of Influence: The proposed annexation will require amendments to the existing spheres of influence for the Cities of Bell and Cudahy.

 

Correspondence:  Staff has not received any correspondence in opposition to or in support of this proposal for reorganization.

 

Conclusion

 

The proposed reorganization is a logical change of boundary between the Cities of Bell and Cudahy.


Recommendation

 
1.         Find that this reorganization is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, section 15319.

 

2.         Approve the requested amendment to the sphere of influence to the City of Bell and Cudahy and make the following determinations, in accordance with Government Code Section 56425:

 

 a.         Present and planned land uses in the area:At present the City of Bell land use designation for the subject area is Government- Miscellaneous and Miscellaneous - Utility, Pump, Plant or State.  The City of Cudahy has adopted a pre-zoning ordinance designating the subject as Public Facilities.

b.         Present and probable need for public facilities and services:
The subject territory is currently undeveloped and uninhabited. There are no future plans for development.  Services to the area will be provided atthe current or greater level by the City of Cudahy and is set forth in (c) below.


  c.      The present capacity of public facilities:

           Adequate public service facilities are available to service the site.

 

         Fire Protection Services: Will be assumed by the City of Cudahy.

 

         Police Services:  Will be assumed by the City of Cudahy.

 

         Public Works:  Will be assumed by the City of Cudahy.

 

         Public Utilities:  Will continue to be provided by California Edison.

         Planning and Building Safety Services:  Will continue to be provided by the City of Cudahy.                   

 

d.       The existence of any social or economic communities of interest:  The subject territory does not contain any communities of social or economic interest.


3.         Adopt the resolution making determinations approving and ordering the annexation of the subject territory to the City of Cudahy and Los Angeles County Sanitation District No. 1 and detachment of the same said territory from the City of Bell and Los Angeles County Sanitation District No. 2.

4.         Provide that the reorganization shall be subject to the following terms and conditions:
The City of Cudahy shall accept all facilities transferred from the City of Bell in an “as is” condition.  The City of Bell shall not be obligated for further payment or repair.
 

5.         Pursuant to Government Code Section 57002, set May 14, 2003 at 9:00 a.m., as the date for Commission protest proceedings.

 

 


STAFF REPORT
MARCH 26, 2003
 

CITY OF MONTEBELLO

REQUEST FOR EXEMPTION FROM

OUT-OF-AGENCY SERVICE AGREEMENT

 

Agenda Item No. 3c

 

 

The item before you is a request by the City of Montebello (“Montebello”) for the LAFCO Commission to consider whether or not Montebello’s proposed contract for the provision of fire protection services by Montebello to the City of Commerce (“Commerce”) is exempt from Commission review and approval of out-of-agency service contracts pursuant to Government Code section 56133.  Pursuant to Government Code section 56133(e), an out-of-agency service contract is exempt from the Commission’s review and approval if the Commission finds that the level of service to be provided by Montebello, is consistent with the level of service being currently provided by the existing service provider, the Los Angeles County Consolidated Fire Protection District (CFPD).

 

Government Code section 56133(a) states: “A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries only if it first requests and receives written approval from the commission in the affected county.”

 

Government Code 56133(e), however, states that: “this section does not apply to contracts or agreements solely involving two or more public agencies where public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider.”

 

Background: 

 

Commerce has been receiving fire protection services from the Los Angeles County Fire Department since 1924 and has been a part of CFPD since 1985.  Fire protection services are rendered pursuant to contract between Commerce and the CFPD. On August 28, 2002, however, Commerce entered into a contract with Montebello for the provision of fire service, which was to take effect on April 1, 2003.  As a part of its service termination with the CFPD, Commerce is required to initiate detachment proceedings with LAFCO.  On March 7, 2003 the City of Commerce filed the requisite application for intatiation of detachment proceedings.

 

In December, 2002, the Executive Officer sent the City Administrator of Montebello a notice that it must comply with Government Code section 56133 if it intends to provide out-of-agency service to Commerce by contract.  Since that time the Los Angeles County Fire Fighters Union 1014 and two Commerce residents brought a petition for writ of mandate and complaint for injunctive and declaratory relief to prevent Montebello from providing fire protection services to Commerce without complying with Government Code section 56133.  On February 14, 2003, the court issued a temporary restraining order against Montebello, and on March 7, 2003, the court ordered a permanent injunction prohibiting the City from providing fire protection services to Commerce until such time as LAFCO determines that the fire protection services to be provided by Montebello to Commerce are “consistent” with the services currently being provided by the CFPD pursuant to Government Code section 56133(e).

 

LAFCO staff had met with the applicant’s staff on February 25, 2003, to discuss the process for Commission review of this issue and the possibility of expediting the process by setting the matter for this Commission meeting.  On March 5, 2003 staff received Montebello’s application, including a detailed summarization of the City’s position and supporting documentation.  On March 18, 2003, staff received the CFPD’s response to Montebello’s application, including supporting documentation.

 

The documentation provided by each agency includes reports, analyses, and assessments of station coverage, fire apparatus comparability, staffing, response times, cost of service, and the impact of mutual and automatic aid agreements on the level of service. 

 

Conclusion:

 

Both agencies have provided information to LAFCO with equally compelling points regarding opposing positions on whether or not the level of fire protection services would be consistent with the level of service currently being provided.  Given the technical nature of the information and the short amount of time in which LAFCO staff has had to analyze the data, an accurate assessment as to whether or not the proposed level of service is consistent with the service currently being provided cannot be made by staff at this time.  Staff believes that in order to make an accurate assessment in a timely fashion the preferred course of action would be to hire an independent consulting firm to analyze the information provided by Montebello and the CFPD and to make an independent assessment regarding the consistency or inconsistency of the level of fire protection services to be offered by Montebello to Commerce.  An independent analysis would assist staff in determining the exact differences between Montebello’s and CFPD’s fire-fighting apparatus and exactly what capabilities and services they provide; accurately assess response times, especially in areas that may be vulnerable to lapse in services; and also provide an analysis of mutual aid and automatic aid agreements and whether such agreements can safely be relied upon for supplemental services, and enable staff to make appropriate recommendations to the Commission on this matter. 

 

Recommendation for Commission Action:

 

Continue this hearing to a future date and instruct the Executive Officer to hire an independent consulting firm to analyze the information provided by the City of Montebello and the Consolidated Fire Protection District and to assist staff in making an independent assessment regarding the consistency or inconsistency of the level of fire protection services to be offered by the City of Montebello, for the purpose of making recommendations to the Commission. Require that the City of Montebello and the Consolidated Fire Protection District share equally in the cost of said independent consulting firm.

 


STAFF REPORT

 

MARCH 26, 2003

 

PROTEST HEARING ON ANNEXATION NO. 51

TO COUNTY SANITATION DISTRICT NO. 20

 

AGENDA ITEM NO. 4A

 

 

The matter before you today is a Protest Hearing on the annexation of territory to County Sanitation District No. 20.  The purpose of the hearing is to allow for submission of written protests to the annexation and for interested parties to submit written and/or oral commentary to the proceedings.

 

The annexation proposal encompasses 48.410 acres of territory located on 37th Street East, approximately 1,300 feet south of Avenue S, in the City of Palmdale.  The territory is currently being developed with 197 single-family homes.  To date, several of the homes have closed escrow.

 

The County Sanitation District has determined that, based on the information provided by the developer, the district’s sewerage facilities have or, in accordance with current policy, will have adequate capacity to collect, treat, and dispose of the wastewater anticipated to be generated as a result of the proposed annexation.   Actual sewer hook-up will not be allowed until payment of the connection fee and shall be subject to all circumstances then existent including the availability of capacity.

 

Recommended Action

 

1.      Instruct the Executive Officer, pursuant to Government Code Section 57075, to determine the value of protests filed and not withdrawn and report back to the Commission with the results.

 

2.      Based upon the results of the protest hearing, either terminate the annexation proceedings if a majority protest exists or adopt a resolution ordering Annexation No. 51 to County Sanitation District No. 20, subject to the following term and condition:

 

The property so annexed shall be subject to the payment of such service charges, assessments or taxes as the County Sanitation District may legally impose.

 

 


STAFF REPORT

 

MARCH 26, 2003

 

PROTEST HEARING ON ANNEXATION NO. 325

TO COUNTY SANITATION DISTRICT NO. 26

 

AGENDA ITEM NO. 4B

 

 

The matter before you today is a Protest Hearing on the annexation of territory to County Sanitation District No. 26.  The purpose of the hearing is to allow for submission of written protests to the annexation and for interested parties to submit written and/or oral commentary to the proceedings.

 

The subject parcels encompass three existing single-family homes, two existing duplexes, an existing Elks Lodge, an existing restaurant, an existing 62-unit apartment complex and three vacant parcels.  No new development is proposed at this time.

 

The County Sanitation District has determined that, based on the information provided by the developer, the district’s sewerage facilities have or, in accordance with current policy, will have adequate capacity to collect, treat, and dispose of the wastewater anticipated to be generated as a result of the proposed annexation.   Actual sewer hook-up will not be allowed until payment of the connection fee and shall be subject to all circumstances then existent including the availability of capacity.

 

Recommended Action

 

1.         Instruct the Executive Officer, pursuant to Government Code Section 57075, to determine the value of protests filed and not withdrawn and report back to the Commission with the results.

 

2.         Based upon the results of the protest hearing, either terminate the annexation proceedings if a majority protest exists or adopt a resolution ordering Annexation No. 325 to County Sanitation District No. 26, subject to the following term and condition:

 

The property so annexed shall be subject to the payment of such service charges, assessments or taxes as the County Sanitation District may legally impose.