HomeMy WebLinkAbout1978-08-15; City Council; 5534; Municipal Organization Act of 1977... ,
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AGENDA BILL NO.' .xr3.5/ f
&It I b tal: . * Dept. Hd.
DATE: AUGUST 15, 1978 City Atty
DEPARTMENT : PLANNING City Mgr.
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SUB3 ECT :
MUNICIPAL ORGANIZATION ACT OF 1977 (MORGA)
STATEMENT OF THE MATTER
On May 16, 1978, the City Council reviewed a memorandum from the City Attorney on
the subject matter and instructed staff to investigate and prepare a report on
the practicality and desirability of annexing land under MORGA. In his report
the City Attorney explained that LAFCO must make certain findings before county
islands'could be annexed, de more important being that the area has to be 100
acres or less, be substantially surrounded by the City, and is substantially
developed or is developing.
As a help to cities'in implementing this Act, LAFCO did a brief analysis of
possible county island annexation using the 100 acre criteria.
possible sites (see attached.map, sites 1 and 2). City staff found two other
sites (sites 3 and 4) that substantially meet the 100 acre criteria. A fifth
site is slightly over 100 acres.
City staff then investigated if these four sites meet the substantially
developed or developing criteria.
4 are primarily vacant and therefore do not appear to meet the criteria.
Property No. 2 is the site used by the State.to train technicians for sewer
treatment plants and is developed.
Marcos County Water District.
They found two
We found the properties listed as 1, 3 and
The five acre site is owned by the San
Although there would be no financial benefit in annexing the San Marcos
Water District, the City would gain approval control for possible future
changes'in the facilities or operations.
In summary, there appears to be only one county island that could be annexed
per MORGA.
Rancho Santa Fe Boulevard at the head of San Marcos Canyon.
This site is the San Marcos sewer plant training facility west of
Exhibits
Memorandum from City Attorney dated May 11, 1978'
City Map showing possible areas to be annexed.
HEW-TION
If the City Council wishes to hitiate annexation on site No. 2, your action is to direct staff to apply for annexation per the Municipal Organization
Act of 1977.
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AGENDA BILL NO. 5534 -2- August 15, 1978
8-15-78 Staff was instructed to prepare applications for all five sites and submit to LAFCO.
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DATE :
TO :
FROM :
SUBJECT:
Prior to
play 11, 1978
Flayor and City Council
City Attorney CITY OF CARLSBAD Planning Department
MUNICIPAL ORG,A?5II ZATIOPJ ACT OF 19 7 7 - ANNEXATION
OF ISLANDS
1978 the law contained separate provisions estab-
lishing the procedures for the annexation to or exclusion
of territory from cities and for the consolidation of cities, the formation of new cities and the reorganization and disincorporation of cities. The Municipal Organization Act of 1977 repealed all of the preexisting law and provides a unitary procedure for the organization, the reorganization or change in organization of cities.
One of the primary advantages to a city under the new law is
authority to annex territory under certain circumstances
without an election. This is the so-called "islands" pro-
vision. It was intended to deal with unincorporated areas
which were completely surrounded by a city and were in effect
receiving services from that city without having to pay:'for them. In such circumstances, there was not much incentive on the part of the residents to annex since they were in
effect getting a free ride. The law now provides, with the approval of LAFCO, that a city may act in the public interest and order the annexation notwithstanding the wishes of the
property owners in the "island. 'I
The annexation authority is somewhat limited. LAFCO must find that the territory to be annexed:
1.
2.
3.
4.
5.
6.
Is 100 acres or less.
Constitutes the entire "island. 'I
Is substantially surrounded by the city, or by a city
and a county boundary, or the Pacific Ocean, or by a city and adjacent cities.
Is substantially developed or developing.
Is not prime agricultural land.
Will benefit from such annexation or is receiving
benefits from the annexing city.
Mayor and City Council -2- !lay 11, 1978
Assunking LAFCO can make those findings, the City may then
by resolution annex the property.
The Authority granted to cities to annex "islands" will by law expire on cTanuary 1, 1981. If the Council has any interest in utilizing this new authority in Carlsbad, steps
should be taken in that regard to allow the process to be
completed prior to the expiration of the authority.
cc: City Manager
Planning Director
City Clerk
s ,,' VINCENT F. BIONDO, JF?. \' City Attorney