HomeMy WebLinkAboutCC AG PKT 2009-09-28 #HY~1GEN®F4 S~l+~~~ RE;~®R~
DATE: September 28, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: STATUS REPORT - ORANGE COUNTY AND LOS
ANGELES COUNTY BOUNDARY REPORT
SUMIViARY OF REQUEST:
Receive and File Agenda Staff Report. Instruct Staff to provide to the Planning
Commission for information and to provide additional update reports as
appropriate.
BAC@CGROUND:
Summary of Current Status:
At this time the only area that may be considered, based on the position of
Supervisor Knabe, is in relation to the proposed boundary adjustments between
Long Beach and Seal Beach in the very limited area southerly of the Marina
Drive Bridge. Please refer to the additional discussion on pages 2 and 3 below.
Overview of Previous Actions:
In February 2008 the City Council instructed Staff to provide additional
information to LAFCO for inclusion in the subject study and received and filed the
status report on the subject boundary adjustment. Staff provided information to
LAFCO that has been incorporated into a revised report. The Orange County
Local Agency Formation Commission (LAFCO) subsequently prepared a revised
report dated June 30, 2008 regarding "Orange/Los Angeles County Boundary
Report." A copy of the report was provided to the City Council as part of the
September 2008 Status Report.
In September 2008 Staff presented a summary overview of the June 2008
LAFCO report, indicating:
^ The history of the boundary between Orange and Los Angeles Counties;
^ Potential boundary adjustments between Orange County and Los Angeles
Counties;
Agenda Item H
Page 2
^ Summary of procedures for changing county boundaries; and
^ LAFCO Staff recommendation for a process to begin discussions.
Staff reviewed the report and it provides a broad overview of boundary issues
related to all cities along the Orange-Los Angeles County boundary; including
Seal Beach. The discussion directed at boundary issues involving Seal Beach
appears on pages 25 through 28 of the document.
Actions by Orange County: '
On July 22, 2008 the Orange County Board of Supervisors approved an Agenda
Staff Report that took the following actions:
^ Received and Filed the revised Orange/Los Angeles County Boundary
Report;
^ Approved LAFCO's stakeholder process in exploring potential boundary
changes between Orange County and Los Angeles Counties; and
^ Directed County staff to participate in the stakeholder process.
There have been no additional actions taken by the Orange County Board of
Supervisors or the Orange County LAFCO since that time that Staff has been
able to identify.
Actions by Los Angeles Countv:
On August 19, 2008 the Los Angeles County Board of Supervisors considered
and approved Agenda Item 55C that took the following actions:
^ Directed the Chief Executive Officer (CEO), in collaboration with the Sherrill,
the Community Development Commission and the County Departments of
Animal Care and Control, Fire, Parks and Recreation, Public Health, Public
Library, Public Works and Regional Planning to:
^ Review the Orange/Los Angeles County Boundary Report prepared by the
Orange County LAFCO;
^ Prepare a report to the Board that describes the process for a county
boundary change;
^ Working with the Orange County CEO's office develop a work plan and
timeline to conduct a feasibility study of the areas identified in the
Orange/Los Angeles County Boundary Report which plan shall identify the
service and financial impacts of each potential boundary change on Los
Angeles County and its cities; and provide an outreach program to solicit.
participation and input from affected cities, unincorporated communities
and other stakeholders; and
^ Provide a status report to the Board within 90 days.
On November 17, 2008 the Los Angeles County CEO provided a "Status Report"
to the Board of Supervisors, indicating that additional mapping of the 21 study
Page 3
areas was necessary and that the mapping process had been completed.
Further, a report was to be prepared regarding ".. a process and timeline for
consulting with the impacted Los Angeles County cities, unincorporated
communities, and other stakeholders to determine the feasibility of proceeding
with the proposed boundary changes based on the analysis of service and fiscal
impacts."' A copy of this letter and the indicated attachment "Orange County/Los
Angeles County Boundary Change Procedures" is provided as attachment A for
the information of the City Council.
Tina Marquez Herzog of the CEO office has indicated by a-mail on September
18, 2009:
"There was no further action taken on the motion. After reviewing
the proposal with Supervisor Knabe, we will not be pursuing any of~
the areas listed on the OC/LA Proposed Boundary Changes report,
other than the small area bordering the City of Seal Beach and the
City of Long Beach (Figure 5.0)." 2
A copy of the referenced Figure 5.0 is provided for the information of the City
Council as Attachment B. It has been clarified with Ms. Herzog that Supervisor
Knabe does not have any interest in pursuing the other areas identified in
Figures 5.1, 5.2, and 5.3.3 Figure 5.0 identifies the area southerly of the Marina
Drive Bridge only.
Interactions with Island Village Residential Community:
Provided for the information of the City Council as Attachment C is a copy of
"Island Village Questions and Answers" that have been prepared by
representatives of Island Village to address questions being raised within their
residential community regarding the process and potential concerns.
Since the Island Village area is identified in Figure 5.2 and Supervisor Knabe has
indicated no interest in pursuing that area, there does not seem to be a viable
way to proceed with further consideration of this, or any of the other areas
identified in Figures 5.1, 5.2, and 5.3, unless the City Council's of both Long
Beach and Seal Beach were to make a concerted effort to pursue this issue with
Supervisor Knabe.
Actions by City of Long Beach:
The Long Beach City Council has tentatively scheduled a Study Session on
October 13 regarding potential boundary changes. Staff will provide an update
after the Long Beach City Council Study Session.
Letter from William T. Fujioka to Los Angles County Board of Supervisors, November 17, 2008.
z E-Mail from Tina Marquez Herzog, September 18, 2009, 8:42 AM.
' E-Mail from Tina Marquez Herzog, September 18, 2009, 10:26 AM.
Page 4
Actions by Orange County Sanitation District:
On September 23, 2009 the Orange County Sanitation District ("OCSD")
considered approval of an agreement with the Board of Water Commissioners of
the City of Long Beach to accept out of service area sewage flow from the
Haynes Generating Station. Staff will provide an update regarding this matter in
the future, as this Staff Report was completed prior to the OCSD Board Meeting.
The purpose of the agreement is to allow the Los Angeles Department of Water
and Power ("LADW P"), which owns the Haynes Generating Station, to cease
treating its domestic sanitary sewage on-site, and to allow those sewage flows to
be discharged into an existing Long Beach Water Department pump station that
serves the Island Village residential development. All of the sewage flows from
Island Village currently are sent to the OCSD collection system through a similar
agreement that was executed in 1973.
Provided as Attachment D is a copy of the OCSD Board of Directors Agenda
Report regarding this matter.
Previously Provided Documents:
Previously provided for the information of the Council were the following
documents:
^ "Orange/Los Angeles County Boundary Reporf', prepared by Orange County
LAFCO, revised June 30, 2008;
^ Orange County Board of Supervisors Agenda Staff Report re: LAFCO
Boundary Report, July 22, 2008;
^ "County to fix division over boundaries" The Sun Newspaper, July 24, 2008;
and
^ Los Angeles County Board of Supervisors Agenda Item 55C, August 19,
2008.
Ongoing Process:
At this time the only area that may be considered, based on the position of
Supervisor Knabe, is in relation to the proposed boundary adjustments between
Long Beach and Seal Beach in the very limited area southerly of the Marina
Drive Bridge.
Staff will continue to monitor this effort by both counties and the other agencies
that are dealing with county boundary issues to come to resolution of the
identified boundary issues between the two counties and will provide additional
Status Reports as appropriate.
FINAIVC9AL IMPACT:
No direct or indirect fiscal impacts at this time. Future activities related to this
matter may require future allocation of existing Staff resources to prepare
Page 5
information appropriate for the boundary studies and consideration processes of
Orange County and Los Angeles County.
RECOIUIIViENDATIOIV:
Receive and File Agenda Staff Report.
Commission for information and to
appropriate.
Instruct Staff to provide to the Planning
provide additional update reports as
SUBMITTED BY:
L'~e Whittenberg
Director of Development Se
Attachments: (4)
NOTED AND APPROVED:
David Carmany
City Manager
A. Letter regarding "Orange/Los Angeles County Proposed Boundary Change -
Status Report" from William T. Fujioka to Los Angles County Board of
Supervisors, November 17, 2008
B. Pages 25-28, "Orange/Los Angeles County Boundary Report," Orange County
local Agency Formation Commission, June 30, 2008
C. Island Village Questions and Answers, no date
D. Orange County Sanitation District Board of Directors Agenda Report re:
Agreement with the Board of Water Commissioners of the City of Long Beach to
Accept Out of Service Area Sewage Flow from the Haynes Generating Station,
September 23, 2009
Page 6
ATTACHMENT A
LETTER REGARDING "ORANGE/LOS ANGELES
COUNTY PROPOSED BOUNDARY CHANGE , -
STATUS REPORT" FROM VI/ILLIAM T. FUJIOICA TO
LOS ANGLES COUNTY BOARD OF SUPERVISORS,
NOVEMBER 97, 2008
WILLIAM T FUJIOKA
Chief Executive Officer
County of Los Angeles
C8~9~~ ~~EC~~9~E ~F~ICE
Kenneth Hahn Hall of Administration
500 West Temple Street, Room 713, Los Angeles, California 90012
(213) 974-1101
http://ceo.lacou nty.gov
November 17, 2008
To: Supervisor Yvonne B. Burke, Chair
Supervisor Gloria Molina
Supervisor Zev Yaroslavsky
Supervisor Don Knabe
Supervisor Michael D. Antonovich
From: William T Fujioka
Chief Executive Officer
Board of Supervisors
GLORIA MOLINA
First District
YVONNE B. BURKE
Second Dlstrid
ZEV YAROSLAVSKY
Third District
DON KNABE
Fourth District
MICHAEL D. ANTONOVICH
Fifth District
ORAi~lGE /LOS ANGELES COUNTY PROPOSED BOUNDARY CHANGE -STATUS
REPORT
In response to a motion made by Supervisor Don Knabe, on August 19, 2008, your
Board directed the Chief Executive Office to:
o Review the Orange/Los Angeles County Boundary Report prepared by the Orange
County Local Agency Formation Commission identifying several potential boundary
changes between Los Angeles and Orange Counties;
o Prepare a report describing the process for a County boundary change; and,
o Work with the Orange County Chief Executive Officer's office to develop a work plan
and timeline to conduct a feasibility study of the potential County boundary- change
areas identified in the Report identifying the service and financial impacts of each
potential boundary change on the County and its cities; and providing an outreach
program to solicit participation and input from affected cities, unincorporated
communities, and other stakeholders.
The following is a status report on staff's efforts in response to the Board's direction.
After reviewing the Boundary Report, it was determined that the 21 study areas required
additional maps to facilitate further research for each individual boundary area in
question. The Department of Regional Planning (DRP) agreed to compile maps
"To Enrich Lives 1 hrough Effective end Caring Sen.~ice"
Please Conserve Paper- this Document and Gopies are Two-sided
lntra-County Correspondence Sent Electronically Only
Each Supervisor
November 17, 2008
Page 2
of the boundary study areas. On October 22, 2008, the Chief Executive Office signed
an agreement, prepared by Orange County, Department of Public Works, allowing DRP
access to Orange County parcel level data including legal city boundaries, street
centerlines, aerial photos, and Supervisorial District boundaries.
The Department of Regional Planning has completed compiling the study areas onto
21 site-specific maps. We will meet with Supervisor Knabe's Office to review the
potential County boundary change areas and report back to your Board on a process
and timeline for consulting with impacted Los Angeles County cities, unincorporated
communities, and other stakeholders to determine the feasibility of proceeding with the
proposed boundary changes based on the analysis of service and fiscal impacts.
An outline of the County boundary change process is attached for your reference. This
process does not account for the considerable research, fiscal and service level
analysis, and outreach that must be conducted for each of the proposed boundary
change areas. The next status report will be provided by January 31, 2009.
If you have any questions regarding this matter, please contact me or your staff may
contact Tina Herzog at (213) 974-1740, or via a-mail at therzog(c~ceo.lacounty.gov.
WTF:LS
DSP:TH:os
Attachment
c: Executive Officer, Board of Supervisors
County Counsel
Director of Regional Planning
Executive Officer, Los Angeles County Local Agency Formation Commission
County Executive Officer, Orange County
Executive Officer, Orange County Local Agency Formation Commission
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ATTACHMENT
PAGE 1 OF 5
ORANGE COUNTYlLOS ANGELES COUNTY BOUNDARY
CHANGE PROCEDURES
The following is a summary of the necessary steps for .a minor boundary change
between two counties. These steps serve as a guide only and are -not intended to
replace the Government Code sections 23200 .through 23220 that govern a minor
boundary change (attached).
I. STATUTORY REQUIREIIAENTS FOR A COUNTY BOUNDARY CHANGE
A. Applicable Statute
There are two statutory procedures for county boundary change:
1. A simplified procedure that involves relatively small areas. Specifically, to
use the simplified procedure the following criteria must be met:
o Only unincorporated territory can be involved.
o A county boundary line cannot be moved more than 5 miles.
The affected territory cannot represent more than 5 percent of the area
of the detaching county. .
a The affected area cannot contain more than 5' percent of the
population of the detaching county.
2. Amore detailed procedure for areas that do not meet the above
unincorporated status, distance, area and population criteria.
The boundary changes being considered by Orange County meet the
criteria of a simplified procedure and it is that procedure that is
summarized below.
B. Summary of Simplified Statutory Procedures for a County Boundary Change
(NOTE: THIS SUNiilAARY IS PROVIDED FOR INFORiViATION PURPOSES
ONLY AND ~ SHOULD NOT BE RELIED ON FOR ACTUAL LEGAL
REQUIREil~ENTS. ONLY THE SPECIFIC STATUTES, GOVERNiUiENT
CODE SECTION ~ 23200 ET. SEQ. ARE RELIABLE FOR ACTUAL LEGAL
REQUIREIrAENTS. THE GOVERNIViENT CODE SECTIONS ARE INCLUDED
IN THEIR ENTIRETY IN THE ATTACHED.)
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ATTACHMENT
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1. Initiation
a. By resolution of the board of supervisors of either county.
The board of supervisors of either the detaching or annexing county
may initiate county boundary change proceedings by adoption of ~ a
resolution. The resolution must state that the affected territory meets
the criteria for the Simplified procedure and state the reasons for the
boundary change. It must also declare whether the affected territory
is inhabited .(contains 12 or more registered voters) and the conditions
of the boundary change.
b. By petition
The registered voters or property owners of the affected territory may
initiate proceedings by petition signed by 25 percent of the registered
voters or 25 percent of the property owners who also own 25 percent
of the assessed value of land and improvements within the affected
territory.
The petition shall contain declarations about all of the criteria required
for use of the simplified procedure. The signatures on the petition
cannot be more than 90 days old at the time of submission. The
petition cari be filed with either the detaching or annexing county
board of supervisors.
2. Conducting Authority
The board of supervisors adopting a resolution of initiation or receiving a
petition of initiation is the conducting authority for the county boundary
change proceedings. (Orange County has indicated that they will initiate
the proposed boundary change).
3. Notice
a. _ Resolution setting hearing date, time, and place.
The conducting authority shall adopt a resolution setting a date, time,
and place of hearing on the proposed boundary change. The
resolution shall be adopted within 30 days of receipt of a complete
petition or a board of supervisors' resolution initiating proceedings.
The hearing shall be set for a date not {ess than 30 days or more than
60 days from the date of the adoption of the resolution setting the
hearing.
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ATTACHMENT
PAGE 3 OF 5
b. Published and mailed notice.
Published notice of the hearing shall be in a newspaper of general
circulation within the affected territory. Publication of the notice shall
be. for one day and commence at~least ~15 days prior to the date of the
hearing.
Mailed notice of the hearing shall be given to the other board of
supervisors, to each special district, and school district that includes
all or a part of the affected territory and the LAFCo of~ each affected
county. ~ ~ ~ .
4. Hearing
a. Held by the conducting authority on the date and at the time and place
specified in the notice.
b. May be a joint hearing of both boards of supervisors.
c. At the hearing, hear testimony and receive oral and written protests.
d. The hearing may be continued from time to time not to exceed
45 days from the date specified in the notice of hearing.
5. Abandonment of Proceedings
At the conclusion of the hearing, the conducting authority shall adopt a
resolution abandoning proceedings if:~
a. The territory is inhabited (12 or more registered voters reside within
the' territory) and protests have been filed and not withdrawn by
50 percent or more of the registered voters of the affected territory.
b. The territory is uninhabited and protests have been filed and not
withdrawn by 50 percent or more ~of the landowners who own
50 percent or more of the assessed value of the affected territory.
c. A written protest is filed and not withdrawn by the board of supervisors
of either affected county.
K:1CM51(:HRON 2003 (WORT})\OranarLos Anaalas County Bvur•.dary R@parl Status Report A':a:hman..do~ -.
ATTACHMENT
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6. Election - Inhabited~Territory
If the affected territory is inhabited and protests have been filed and not
withdrawn by more than .25 percent, but less than 50 percent of the
registered voters, an election shall be held on the question of the county
boundary change. The election shall be called and held by the conducting
authority. ~ The election shall be conducted only within the affected
territory. Proceedings shall not be concluded until after the election and
proceedings shall be terminated if a majority of voters voting on tfle issue
vote against the boundary change. Proceedings shall be affirmatively
concluded if a majority of voters vote for the boundary change.
7. Conclusion of Proceedings
If proceedings have not been abandoned and there is no need for an
election, or if there has been an election and a majority of those voting
favor the boundery change, then the boundary change proceedings shall
be affirmatively concluded as follows:
a. Within 30 days after the.conclusion of proceedings if no abandonment
or election, and within 30 days to the election if required, both affected
county boards of supervisors shall adopt, by majority vote, similar
ordinances approving the boundary change.
b. The ordinances shall specify:
o Any terms and conditions of the boundary change as agreed to by
the county board of supervisors of each affected county.
o The effective date of the boundary change.
That the boundary change meets the area, distance, population,
and uriin.corporated requirements of the expedited boundary
change statutory provisions.
8. Implementing the Boundary Change
a. Filings with State Board of Equalization and County Assessors.
Each affected county board of supervisors shall file notice, legal
descriptions, and maps of the boundary change with the State Board
of Equalization and each county assessor prior ~to December 1
following the ordinance adoption: The boundary .change will not be
effective for property tax purposes unless these fillings are made prior
to December 1 of the current year to receive taxes and assessments
for the following fiscal year, beginning July 1.
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PAGE5OF5
b. Exchange of information between counties.
Each affected county shall provide the other affected county copies of
assessments as well as information about collection of state and local
taxes from the affected territory.
c. School districts.
The County Superintendents of Schools for each affected county shalt
also exchange information on a student census and funding as
appropriate.
d. Courts.
Any cases pending before a State appellate court, a superior, or
municipal court shall be retained by that court.
e. Road funds.
The Auditor of the affected county from which territory is detached
shall transfer to the Auditor of the other affected county road funds
properly credited to the affected territory.
K•1CMS1C: IROt•J 200& ('NUF~)lOranga-Los Angeles County Bcundary Repot Status Report Attachmant.dcc
GOVERNi1AENT CODE GOVERNING IMIaINOR COUNTY BOUNDARY CHANGE
SECTION 23200-23220
23200. The Legislature finds and declares that the existing boundaries of some
counties no longer meet the needs of their residents and landowners. The Legislature
further finds and declares that the statutory procedures for altering county boundaries
which existed before the enactment of this article were cumbersome and discouraged
county boards of supervisors from adjusting their mutual boundaries. In~enacting this
article, it is the intent of the Legislature to permit county. boards of supervisors to
approve changes to the boundaries of their counties. This article shall be deemed a
uniform procedure for county boundary change as required by Section1 of Article XI of
the California Constitution.
23201. As used in this article:
(a) "Affected county" means any county which contains or would contain territory
which is the subject of a boundary change.
(b) "Affected territory" means any unincorporated area which is proposed to be
transferred from one county to another.
(c) "Conducting county" means any county whose board of supervisors adopts a
.resolution pursuant to. Section 23206,
(d) "Inhabited territory" means territory within which there reside 12 or more registered
voters at the time a resolution is adopted pursuant to Section 23203 or a petition is filed
pursuant to Section 23205.
.(e) "Initiating county" means any county whose board of supervisors adopts a
resolution pursuant to Section 23203.
23202. A boundary line between counties shall not be changed, pursuant to this article,
if the change would result in any of the following:
(a) The line to be moved a distance of more~than 5 miles from its original location.
(b) A reduction by more than 5 percent in the area of any affected county.
(c) A reduction by more than 5 percent of the population of any affected county, as
determined by the State Department of Finance's most recent estimate of population.
23203. The board of supervisors of any affected county may. propose to change the
boundary line between that county and another county by adopting a resolution which
shall:
(a) State that the proposal is made pursuant to this article and request that
proceedings be taken.
(b) State the reasons for the .proposal.
(c) Set forth a description of the proposed new boundary.line.
(d) State 'whether or not' the proposed new boundary line will be more than 5 miles
from its original location.
(e) State whether or not the proposed new boundary line will reduce the area of any
affected county b~y more than 5 percent.
GOVERNIyiENT CODE GOVERNING i~IINOR COUNTY BOUNDARY CHANGE
SECTION 23200-23220
(f) State whether or not the proposed new boundary line will reduce the population of
any affected county by more than 5 percent.
(g) State whether or not the proposal affects inhabited territory. .
(h) Set forth any proposed terms and conditions to which the proposed boundary
change shall be subject, including, but not limited to, the division of any county
indebtedness or property.
23204. The board of supervisors of the initiating county shall file its resolution with the
board of supervisors of the other affected county.
23205. (a) A proposal to change the boundary line of two counties may be initiated by
petition which shall contain all the matters required to be contained in a resolution
adopted pursuant to Section 23203. The petition shall also designate~a chief petitioner.
(b) A petition shall be signed by .not less than 25 percent of the resident-voters within
the affected territory or by not less than 25 percent of the property owners within the
affected territory who also own not less than 25 percent of the assessed value of land
and improvements within the affected territory.
(c) -A petition may consist of a single instrument or separate counterparts. Each
signer of a petition shall add the date of signing to his or her signature. A signature by a
resident-voter shall be accompanied by the address of the voter. A signature by a
property owner shall be accompanied by a description sufficient to identify the property
owned.
(d) A petition shall be filed with the board of supervisors of any affected county. No
petition shall be accepted for filing unless the signatures have been secur-ed~a~th~
90 days of the date on which the first signature was affixed.
(e) Within 30 days of the receipt of a petition, the clerk of the board of supervisors
shall determine whether the petition is signed by the required number of signatures. If
the petition does not contain the required number of signatures, the clerk of the board of
supervisors shall return the petition to the chief petitioner. If the petition contains the
required number of signatures, the board of supervisors shall conduct proceedings
pursuant to this article.
23206. Within 30 days of receiving a resolution adopted pursuant to Section 23203 or
of determining that a petition filed pursuant to Section 23205 has been signed by the
required number of signatures, the board of supervisors shall adopt a resolution which
shall:
(a) Set a time, date, and place of hearing on the proposal which shall be not less than
30 days nor more than 60 days from the date of adoption of the resolution setting the
hearing.
(b) .State that any person may appear and be heard at the hearing. Any person
desiring to protest against the proposal may file a written protest with the board of
supervisors. Any written protest by a resident-voter shat! contain the address of the
Page 2 of 5
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GOVERNRAENT CODE GOVERNING fi~IINOR.COIJIdTY BOUNDARY CHANGE
SECTION 23200-23220
voter. Any written protest by a property owner shall contain a description sufficient to
identify the property owned.
23207. The board of supervisors ~of the conducting county shall give notice of the
hearing by each of the following:
(a) Notice shall be published pursuant to Section 6061 in one or more newspapers of
general circulation within the affected territory and within each affected county.
Publication shall commence at least 15 days before the date set for the hearing.
(b) Notice shall be mailed to the board of supervisors of the other affected county, to
each .special district and school district which includes the affected territory within its
boundaries, to the local agency formation commission of each affected county, and to
each person who has filed a written request for special notice.
23208. The hearing on the proposed boundary change shall be held by the board of
supervisors of the conducting county ~on the date and at the time specified in the
resolution adopted, pursuant to Section 23206. The board of supervisors of the
conducting county may hold the hearing jointly with the board of supervisors of the other
affected county. At the hearing, the board of supervisors shall hear testimony from
interested persons and receive any oral or written protests. Any person who filed a
written protest may withdraw it at any time before the conclusion of the hearing. The
hearing may be continued from time to time, not to exceed 45 days from the date
specified in the resolution. ~ ~ ~ .
23209. At the conclusion of the hearing, the board of supervisors of the conducting
county shall adopt a resolution abandoning the proposed boundary change if:
(a) In the case of inhabited territory, more than 50 percent of the resident-voters in the
affected territory have filed and not withdrawn written protests before the conclusion of
the hearing. .~
(b) In the case of uninhabited territory, more than 50 percent of the property owners
who own more than 50. percent of the value of the land and improvements in the
affected territory have filed and not~withdrawn written protests before the conclusion of
the hearing.
(c) In the case of either inhabited or uninhabited territory, the board of supervisors of
either affected county has filed ~ and not withdrawn a written protest before the
conclusion of the hearing.
23210. (a) Not later than 30 days after the conclusion of the hearing, if a proposed
boundary change has not been abandoned pursuant to Section 23209, the board of
supervisors of each affected county shall adopt substantially similar. ordinances
approving the proposed boundary change.
(b) The ordinances shall declare that the proposal meets each of the conditions of
Section 23202. The ordinances shall specify any terms and conditions to which the
boundary change is subject, including, but not limited to, a division of any county debt or
property. In addition, the ordinances shall state the effective date of the boundary
Page 3 of 5
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GOVERNMENT CODE GOVERNING flflINOR COUNTY 130UNDARY CHANGE
SECTION 23200-23220
change. The ordinances shall be adopted . by_ majority vote of each board of
supervisors.
(c) If, in the case _ of inhabited territory, more than 25 percent, but not more than
50 percent, of the _resident-voters in the affected territory have filed and have not
withdrawn written protests .before the conclusion of the hearing, the board of
supervisors of each affected county shall provide that their ordinances are subject to
confirmation by the voters in the affected territory. The election shall be conducted in
accordance with the procedures of the Elections] Code relating to county referendum
elections regarding the qualifications of voters, the manner of voting, the form of the
ballot, the duties of precinct and election officers, the canvassing of returns, and all
other~particulars.
(d) After the canvass of the returns of any election on the proposed boundary change
conducted pursuant to subdivision (c), the board of~supervisors of the conducting county
shall declare by resolution the total number of votes cast in the election and the~number
of votes cast for and against the proposed boundary change. If a majority of the votes
were cast against the proposed boundary change, then the ordinances adopted
pursuant to subdivision (a) shall not take effect. If a majority of the votes were cast in
favor of the proposed boundary change, then the ordinances shall take effect, as
provided.
23211. Each county shall continue to provide services to the territory within its own
~bourida~ies until the effective date of the boundary change as specified ~ in the
ordinances adopted -pursuant to Section 23210.
23212.. When a county boundary is changed pursuant to this article, the boards of
supervisors of the affected counties shall file before the following December 1, with the
State Board of Equalization and with the assessors of the affected counties, a statement
setting forth the legal description of the boundary, as changed, together with a map or
plat indicating the boundary. The change of the boundary shall not be effective for
purposes of assessment or taxation unless the statement, together with the map or plat
is filed with the assessors and the State Board of Equalization on or before December 1
of the year immediately preceding the year in which the assessments or taxes are to be
levied.
23213. All taxes levied before the ~ effective date of the boundary change shall be
collected by the officers of and belong to the county in which the affected territory was
situated before the boundary change, unless the ordinances adopted pursuant to
Section 23210 provide otherwise.
23214. After the effective date of the boundary change, the officers of the affected
counties shall complete all proceeding"s necessary for the~~assessment or collection of
state and local taxes for the current year with respect to the affected territory. Subject
Page 4 of 5
K:lCt.53\CHRCN 2DUB (VJORD)Wrenpe•4oz Anpnies County Soandery Repoh_Ste1u5 Repo ~,Secllon 2J$pp•27i20.aop
GOVERNiIIIENT CODE GOVERNING MINOR COUNTY BOUNDARY CHANGE
SECTION 23200-23220
to Section 23213, all actions taken by. the officers of the affected county before the
effective date of the.boundary change shall be deemed performed by.the officers of the
county in which the affected territory ~is situated after the effective date of the boundary
change, for the benefit of thaf county.
23215. The officers of an affected county shall immediately execute and deliver to the
board of supervisors of the other affected county copies of all assessments or other
proceedings relative to the assessment and collection of the current state and local
taxes in the affected territory.' ~ The copies shall be filed with the respective officers of
the. affected counties who would have their custody if the proceedings had been
originally had in that county and shall be deemed originals. All proceedings recited in
the copies shall be deemed original. proceedings in the other affected county and shall
have the same effect as if the proceedings had been had at the proper time and in the
proper manner by the respective officials of that county: ~ •
23216. The county superintendent of schools of an affected county shall furnish the
superintendent of the other affected county with a certified copy of the last school
census of the school districts in the affected territory. A county superintendent of
schools shall transfer to the superintendent of the other affected county any money that
is or may be due to the school districts in the affected territory.
23217. The auditor of an affected county shall transfer to the auditor of the other
affected county any money that is or may be due to the other affected county from road
districts in the affected territory. The money shall be properly credited in each county.
23218. No school district and no special district, including .a special district which is
governed by a board of supervisors or whose governing body is the same as the board
of supervisors, shall have its territory. divided or have its organization changed in any
other way as the result of a county boundary change except by proceedings taken
pursuant~to law subsequent to the boundary change.
23219. If the affected counties are located in different district court of appeals districts,
the district court of appeals district ~~which includes the affected territory shall retain
jurisdiction in all cases pending in a session of that court.
23220. On and after the effective date of the boundary change, the superior court in
each affected county shall retain jurisdiction in all cases pending in a session of that
court.
Page 5 of 5
K:l^.MSiCHRON 206 QNORD)10renpv-LDS Anpnlu: County Bountlery P.epor._Stelc: RapoA_Seotlon 27200.232IO.duc -
Page 7
ATTACHMENT E
PAGES 25-28, "ORANGE/LOS ANGELES COUNTY
EO(1NDARY REPORT," ORANGE COUNTY LOC~QL
AGENCY FORMATION COMMISSION, JUNE 30, 2008
Orange/Los Angeles Boundary Report
City of Seal Beach
There are four areas located in or adjacent to the City of Seal Beach where potential county
boundary adjustments may occur. The City of Seal Beach is located in northwest Orange
County adjacent to the cities of Los Alamitos, Huntington Beach, and Long Beach. All four
potential boundary adjustments involve Seal Beach and Long Beach.
Seal Beach Area 1 (Figure 5.0) includes a small portion of the Long Beach Harbor and a parking
lot adjacent to a shopping center located in Long Beach and east of the San Gabriel River.
During the boundary review, Seal Beach staff stated that the current boundary presents service
delivery confusion that maybe resolved if the county boundary is adjusted.
Orange/Los Angeles Boundary Report
Seal Beach Area 2
The second area (Figure 5.1) includes portions of a mobile home park and parking lot currently
located in Long Beach, east of the San Gabriel River. Much like Area 1, service delivery to this
area under the current boundary often includes confusion among service providers.
Orange/Los Angeles Boundary Report
Seal Beach Area 3
This area is currently located in the City of Long Beach, east of the San Gabriel River, and
includes a small residential area (commonly known as "The Village") and a power plant owned
by the Los Angeles Department of Water Power. In the past, residents have approached the
City of Seal Beach and expressed interest in detaching from Long Beach and annexing to Seal
Beach. No application has ever been filed. Should residents file an application in the future, a
county boundary adjustment would need to occur prior to detachment and annexation.
Sentiments of current residents as well as the fate of the revenue for the power plant are
currently unknown. _
Orange2os Angeles Boundary Report
Seal Beach Area 4
This area is currently located in unincorporated Orange County adjacent to the cities of Long
Beach and Seal Beach. The area is west of the San Gabriel River.and includes small portions of a
tennis court located in College Estates Park and~a bridge that is currently located in the City of
Seal Beach. According to discussions with Seal Beach staff, the portion involving the park is
currently maintained by the City of Long Beach and is adjacent to College Park Estates. Based
on these discussions, the exact boundary of this area also needs clarification.
Page 8
A1'T'AC~IMEIVT C
ISLAIV® VILLAGE C~UESTIOiVS AIV® AIVSUVERS,
NO ®ATE
Island Village Questions and Answers:
(Note: These questions are posed and answered from the prospective that Island
Village would be annexed to the City of Seal Beach).
1. What are the comparisons of property taxes within the two Counties? Will aside-
by side comparison be provided?
The Orange County Assessor's Office says basic property tax is about the same for
each County. Sample additional voter indebtedness/assessments from nearby Seal
Beach properties include:
a. Vector Control
b. Lighting Maintenance
c. Mosq/Fire Ant Assessment
d. Metropolitan Water District
e. Sewer User
Sample Long Beach additional voter indebtedness/assessments include:
f. Metropolitan Water District
g. Flood Control
h. Community College
i. Unified School District
j. County Park District
2. Who will provide water and sewer service? What are the differences in rates?
This will be subject to negotiations between Seal Beach and Long Beach. However,
based on the existing infrastructure, the most likely scenario would be for Seal Beach
to provide sewer service and Long Beach to provide water service.
3. Who will provide trash service? What are the differences in rates as well as
availability of additional pick-ups?
Seal Beach would take over responsibility for trash service.
4. Are any of our other utilities affected?
Electricity and telephone service would remain the same. Cable TV service could
potentially change depending upon the franchise agreements of the respective cities.
5. What are the differences in the utility user tax and how is it applied in each
city?
o Long Beach's utility user tax is 5% on gas, water, electric and telephone
Seal Beach's utility user tax is 11 % on gas, electric and telephone
6. Who will maintain the road/median/signal, in front of the tract; will it be now
owned and maintained by Seal Beach?
The road, median and signal would become responsibility of Seal Beach.
7. Will this boundary change alter or allow any type of extension of First Street
through Second Street? My recollection is that the road still may be on the
Orange County master plan of arterial highways.
This boundary adjustment would not alter or allow an extension of First Street.
8. Will the road name be changed to Westminster Avenue in front of the tract or
remain Second Street?
The potential change to the street name would be at the discretion of the City of Seal
Beach if the area were to be annexed.
9. Will the zip code change? In some instances, the post office will not change zip
codes and the tract would still have the Long Beach designation. Has this been
evaluated or the postmaster been contacted?
It is unclear whether the ZIP code will change; this will be at the discretion of the US
Postal Service based on their methods for determining ZIP codes. Due to the
preliminary nature of the boundary adjustment discussion, we have not yet contacted
the postmaster.
10. What are the differences in building permit fees say for a remodel? Will
some permits now need to go to the Coastal Commission due to the
boundary change since Long Beach has a local coastal plan and Seal Beach
does not? Are there any other codes issues or zoning that would be relevant
to the tract?
In Long Beach fora 500 square feet addition, the permit fees are approximately
$3,500. However, $1,500 is a refundable deposit if residents recycle material.
Information from Seal Beach is not readily available.
11. Is there anything we need to be aware of with regard to the court system
besides change of jury duty venue?
The area would be under the jurisdiction of the Orange County count system;
which would include a change injury duty venue? ~-
Page 2
12. Will the school district boundary change? What school district will the tract
be in?
The issue of school district boundary will involve a discussion between Long
Beach Unified School District and Los Alamitos School District. Due to the
preliminary nature of the boundary adjustment discussions, no decision has been
made with respect to the school district.
13. What is the current financial situation of both cities?
All cities are feeling the effects of the economic downturn, which has placed a burden
on City budgets.
14. What council district in Seal Beach will the tract be in? What percent of the
population of that district will the tract comprise of?
it is uncertain at this point what council district the tract would be in and what
proportion of the population would be encompassed by Island Village. As the
process moves forward, discussions with Seal Beach will provide answers to
these questions.
15. Are there any benefits we receive now from the City of Long Beach that we
won't receive in Seal Beach and vice-versa? (i.e. golf fees in LB, dog park in
Seal Beach, parking permits in SB...)
If the area is incorporated into Seal Beach, the Long Beach resident discounts for golf
fees and parks & recreation programs and any other resident discount or priorities
would no longer be available.
16. Would phone numbers change (new area code)?
Are codes are regulated by the Public Utilities Commission (PUC), and
generally do not change due to a boundary adjustment. However, the decision on
the area code would rest with the PUC.
17. Will access to transportation for handicapped persons be lost?
Any private dial-a-ride or special transportation for persons with disabilities
would not be affected by the boundary adjustment. In addition, Long Beach
Transit is not proposing to adjust routes in conjunction with the boundary
adjustment.
18. Will bus service to Island Village be included?
No change to bus service is proposed in conjunction vrith the boundary
adjustment.
Page 3
19. Will there ever be a sidewalk from Island Village to the Market Place?
No public improvements, including sidewalks, are included as a part of the
boundary adjustment.
20. Are there any "one time" costs that will be involved with rezoning?
If the area is incorporated into Seal Beach, LAFCO requires that the City adopt
pre-zoning for the site as a component of the application. Generally, the cost of
this would not be borne directly by the residents of the affected area.
21. Are there any proposed taxes and/or assessments that will be levied?
Seal Beach would have to determine if taxes or special assessments are
proposed as a part of the boundary adjustment.
22. Are there any taxes/fees related to mello-roos/cdf/prop13? If yes, how much?
Same as answer 21 above.
23. What are the cost implications to the HOA for utilities or taxes/fees?
See question #1 regarding property taxes and question #5 regarding the UUT.
24. Will 911 service be affected? Who will provide emergency response?
911 service for wireless calls would remain the same, but 911 service and
emergency response from tandlines would likely transition to Seal Beach.
25. Who will provide recycling?
The service provider contracted by Seal Beach would provide recycling
service
26. How will auto insurance be affected?
Auto insurance companies have complex formulas for calculating insurance
rates based on a number of factors. Homeowners should check with their
insurance companies to determine whether rates would be affected by the
boundary change.
27. How does annexation affect construction of the desalination plant?
The existing desalination plant is a test facility operating with permission from
the Haynes power plant. No change to the facility is proposed in conjunction
with the boundary adjustment.
Page 4
28. The water purification plant is noisy; will problems be corrected?
No change to the existing facilities is proposed under the boundary adjustment.
However, the City will work with the plant to ensure that they are operating
within the confines of the City Noise Ordinance.
29. How many police officers are there in Seal Beach vs. Long Beach?
The Long Beach Police Department ha's approximately 1,020 officers. The Seal
Beach website list its number of police officers as approximately 25 officers and 10
reserve officers. '
30. What will be the assessment be for recently passed school bonds?
See question #1 regarding property tax.
31. Will there be legal fees for attorneys, remapping, etc?
No fees will be charged directly to the Island Village homeowners in
conjunction with the boundary adjustment.
32. Does Seal Beach have a volunteer fire dept? Will that affect insurance
policies?
The Orange County Fire Authority provides service to Seal Beach. See
question #26 regarding insurance rates.
Page 5
Page 9
ATTACHMENT D
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS AGENDA REPORT
RE: AGREEMENT WITH THE BOARD OF
WATER COMMISSIONERS OF THE CITY
OF LONG BEACH ~ TO ACCEPT OUT OF
SERVICE AREA SEWAGE FLOW FROM
THE HAYNES GENERATING STATION,
SEPTEMBER 23, 2009
~~~~~ ~~ ~~~~~~ P9eeurtg Dale Ta Bd. of Dir.
o9/~3Jo9
~~~~®~ ~~~~g Item Number Item Number
15
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator. Jim Herberg, Dire~or of Engineering
Project Manager: Jim Burror, Supervisor
SUBJECT: AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS OF
THE CITY OF LONG BEACH TO ACCEPT OUT OF SERVICE AREA
SEWAGE FLOW FROM THE HAYNES GENERATING STATION
GENERAL MANAGER'S RECOMMENDATION
Approve an Out of Service Area Sewer Service and Gannection Agreement with the
Board of Water Commissioners of the City of Long Beach to accept sewage flow from
the Haynes Generating Station, in a form approved by General Counsel.
SUMMARY
o The Los Angeles Department of Water and Power (LADWP) owns and operates the
Haynes Generating Station (Haynes Plant} located at 68D1 East Second Street in
the City of Long Beach (City}.
o The Haynes Plant is within the City, and has tributary sewage flows to the Orange
County Sanitation District (OCSD) because it is located on the East side of the San
Gabriel River (on Westminster Avenue).
o LADWP currently treats both domestic and industrial sewage on-site prior to
discharging to the San Gabriel River. LADWP wishes to cease treating its domestic
sanitary sewage on-site and has requested discharging the untreated domestic
sewage into an existing Long Beach Water Department (LBWD) pump station that
serves a tract of houses located south of the Haynes Plant.
o Acting as the local sewer service provider, LBWD is requesting that the Haynes
Plant be allowed to connect their sewage flaw into a pump station and farce main
system, which currently serves the Long Beach Island Village residential
development. This residential development sends flaws to the OCSD collection
system through a similar agreement that was executed in 1973.
o LADWP will also have an agreement with LBWD to discharge the wastewater into
the LBWD pump station and farce main system. The Board of Water
Commissioner's of the City approved the form of this Agreement in November 20D8.
That agreement will be completed after OCSD and LBWD have an agreement for
sewer sen-ice.
Form No. diN-iG2 ~ger.~a Re~:R-Bo?r~
Revi~•~' 17~0l-'_1S
Page 1
o The LBWD force main system discharges into the OCSD collection system near the
Seal Beach Pump Station
o OCSD Resolution 99-05 was passed by the Board of Directors on May 26, 1999.
The intent of the Resolution was to provide guidance regarding areas not currently
within the OCSD service boundary which may be served via OCSD facilities. The
Resolution also outlines what conditions must be met to facilitate this service. The
project site meets the requirements in Resolution 99-05 and all conditions of the
resolution have been met.
The Agreement designates when and how fees will be paid to OCSD. The tees
include Equivalent Annexation Fees, Capital Facilities Capacity Charges (CFCCs),
and Annual Sewer Service Charges. LADWP will pay the equivalent annexation
fees and CFCCs directly to OCSD. LBWD will pay OCSD the annual sewer service
charges associated with LADWP and collect an equivalent amount from LADWP
directly. The amount collected from LADWP will cover the OCSD cost to serve the
facility. Therefore, OCSD will be revenue neutral per the agreement.
PRIOR COMMITTEElBOARD ACTIONS
February 2009 -The Steering Committee provided direction on agreement preparation.
The committee specifically directed staff to collect a reduced equivalent annexation fee
based on acreage of the Haynes Plant that wiI! be connected to OCSD sewer facili#ies.
September 2004 -The Board approved an Out of Service Area Sewer Service and
Connection Agreement for `~tte Haynes Generating Station with the City of Long Beach
and the City of Los Angeles Department of Water and Power, in a form approved by
General Counsel. (Three-party agreement was not executed by City of Long Beach.}
1973 -Approved the Long Beach Island Village Sewer Service Agreement
ADDITIONAL INFORMATION
The area included in this Agreement is included within an area eligible for OCSD's
regional sewer service via OCSD Resolution 99-05. OCSD Resolution 99-05 identifies
four conditions that this development meets including:
1. Surtace water from the territory would naturally drain into Orange County.
2. OCSD's member agency affected by a proposed service agreement, or the
development related thereto, must be consulted and its input considered, prior to the
proposed Agreement being finalized and presented to the Board. A draft of the
Agreement along with a copy of Resolution 99-05 has been sent to Vince
Mastrosimone, Director of Public Works, for the City of Seal Beach.
Foram No. CYd-102 Ag°nda Renixi - Boartl
Reaised- 1?106ID'o
Paae 2
3. A local government agency executes the Agreement providing for sewerage
services and for payment of as established by the Board at the time of approval, or
as amended from time-to-time, for said service. The LBWD has been designated as
the local sewer agency.
4. The local land use, sewer, or water authority agrees to require connections to OCSD
or o#her sewage treatment systems, and discourage on-site disposal systems.
Per OCSD Ordinance 33, prior to providing service, property owners are currently
required to pay an equivalent annexation fee of $4,235 per acre. Said fees are
collected in lieu of property taxes not allocated to OCSD while the property was outside
of OCSD prior to the mid-1980s, and in lieu of future property #ax allocations through a
Tax Exchange Agreement. Upon receiving direction from the Steering Committee, .
OCSD staff has arranged to collect equivalent annexation fees for the portion of the 122
acre site that will be connected to the sewer facilities. The equivalent annexation fee for
3.5 acres is equal to $14,823.
Per OCSD Ordinance 36, the Capital Facility Capacity Charges are collected when
properties are newly connected to OCSD sewer system. The revenues collected will be
used for additional capacity in the collection, treatment, and disposal facilities; to repay
principal and interest on debt instruments; ar to repay construction loans. At the time
this agreement was initiated, the fees for low demand use category were $225 per
1,000 square feet and $1,403 per 1,000 square feet, for average demand use category.
The total CFCCs are equal to $45,000
The annual sewer service charges will be based on the total waste~,vater discharged to
OCSD's system. LBWD will monitor the flow and send mon~.hly reports to OCSD. At
fiscal year end the flow will be totaled and multiplied by an operations and maintenance
factor, which is based on the cost of collecting, treating, and disposing of one million
gallons ~mg} of wastewater. Based on draft 2008-09 fiscal year data and the estimated
average daily flow rate of 10,000 gallons per day (gpd), the annual sewer service
charge is approximately.$5,800.
This Agreement complies vdith authority levels of the OCSD's Delegation of Authority.
Award Date: N!A Contract Amount: N!A Contingency: N/A
JB:sa
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