Local Agency Formation Commission

Regular Meeting Agenda

Wednesday, June 25, 2003

9:00 a.m.

Board of Supervisors Hearing Room, Room 381B

Kenneth Hahn Hall of Administration

500 West Temple Street, Los Angeles 90012

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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.

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1. CALL MEETING TO ORDER.

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

3. CONSENT ITEMS

a. City of El Segundo's request to have the Commission waive notification requirements and public hearing, regarding City of El Segundo Reorganization No. 2003-01, pursuant to Government Code Sections 56662 and 56663.

b. Approve Minutes of the meeting held June 11, 2003.

4. SPECIAL ITEM

a. 2003 CALAFCO Annual Conference Registration and Preliminary Timeline.

5. 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.

6. FUTURE MEETINGS

July 9, 2003

July 23, 2003

7. 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).

8. ADJOURNMENT MOTION

STAFF REPORT

June 25, 2003

CITY OF EL SEGUNDO REORGANIZATION No. 2003-01

REQUEST FOR COMMISSION TO MAKE DETERMINATION ON PROPOSAL WITHOUT NOTICE AND HEARING

AGENDA ITEM No. 3a

Agenda Item No. 3a is a request from the City of El Segundo, for the Commission to make its determination regarding the City of El Segundo Reorganization No. 2003-01, without notice and hearing, pursuant to Government Code Sections 56662 and 56663. A copy of the request is attached hereto.

Background:

On December 3, 2002, representatives of the City of El Segundo and the City of Hawthorne met with staff regarding a proposal for reorganization of territory between the cities of El Segundo and Hawthorne. The proposal primarily involves United States Air Force property but also includes Union Pacific and Caltrans property. On January 30, 2003, the City of El Segundo filed an application for reorganization with LAFCO.

The purpose of the project is to retain the Los Angeles Air Force Base in Southern California through the development of a replacement facility in El Segundo and the redevelopment of the current base for residential uses. The proposed reorganization will transfer the current base property to the City of Hawthorne. Hawthorne’s adjacent land uses are more consistent with the proposed residential development, and it is expect that Hawthorne will be better able to provide municipal services to the new development.

The proposed area consists of approximately 50 acres of uninhabited territory within the City of El Segundo. The project includes a proposal to exchange territory outlined in Area A, of Exhibit A, for construction of replacement facilities in Area B. Area A, consisting of approximately 39 acres, is a secured military research and development installation with no flight operations. The proposal includes construction of 975 residential units in Area A by a private developer in exchange for construction by that developer of new seismically stable military facilities in Area B.

The Air Force has imposed a deadline of November 30, 2003, for the developer to obtain all of its entitlements for the project. All parties assert that if the proposal is not approved on time, it may ultimately result in the closure of Los Angeles Air Force Base, and possible transfer of the facility and its related jobs to another state. Both cities have requested assistance in expediting the LAFCO process.

Government Code Section 56662 states, that the Commission may make a determination, subject to the limitations of Section 56663, without notice and hearing, for a proposal for an annexation, detachment or reorganization consisting solely of annexations or detachments or both.

Government Code Section 56663(a) states, that where all owners of land have given satisfactory consent to a change of organization, for proposals consisting of annexation, detachment or reorganization, the Commission may approve and conduct proceedings for the change of organization or reorganization under the following conditions: without notice and hearing, without an election, and without notice, hearing or an election.

All property owners involved have given their written consent to the reorganization and determination without notice and hearing.

Pursuant to Government Code Section 56663(b), any affected agency may still request that the Commission only make its determination after notice and hearing, if requested within 10-days of the Executive Officer’s notice of filing of the application.

Pursuant to Government Code Section 56663(c), the Commission is authorized to waive protest proceedings of proposals involving uninhabited territory when all owners of land have consented in writing to the change of organization or reorganization and all subject agencies have consented in writing to a waiver of protest proceedings. The Commission routinely waives protest proceedings when this provision has been complied with.

It has generally been the policy of this Commission, however, to hold a noticed public hearing for all proposals, even when all owners of land consent to the change of organization or reorganization. Despite this policy, as stated above, the Commission is authorized to make its determination without notice and hearing where, as here, written consent of the landowners has been given.

Options:

Option 1: Deny the request to make a determination without notice and hearing, and direct staff to notice a public hearing for this proposal, to be heard upon its receipt of a complete application.

Option 2: Approve the request to make a determination without notice and hearing, pursuant to Government Code Section 56663(a), and direct staff to place the proposal on the next Commission agenda for which the matter may be placed, without notice and hearing, after receipt of a complete application.

Staff Recommendation:

The Commission may consider either option, however, staff recommends that the Commission approve the request to make its determination, without notice and public hearing for this proposed reorganization, given the time constraints placed on this project.