LAFCO & UNINCORPORATED ISLANDS
CORTESE-KNOX-HERTZBERG ACT OF 2000 • The Cortese – Knox – Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000, et seq.) provides LAFCO with sole and exclusive authority for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts. • The State Legislature has recognized that pockets, or islands, of unincorporated territory that are surrounded or “substantially surrounded” by incorporated cities create governance and service delivery inefficiencies and deficiencies. • To facilitate the annexation of unincorporated islands to contiguous cities, the State Legislature has adopted specific provisions in the Government Code that requires LAFCO annexation approval, and may waive the protest proceedings if LAFCO makes certain findings and determinations
GOVERNMENT CODE SECTION 56375 (a)(4) • (4) A commission shall not disapprove an annexation to a city, initiated by resolution, of contiguous territory that the commission finds is any of the following: • (A) Surrounded or substantially surrounded by the city to which the annexation is proposed or by that city and a county boundary or the Pacific Ocean if the territory to be annexed is substantially developed or developing , is not prime agricultural land as defined in Section 56064, is designated for urban growth by the general plan of the annexing city, and is not within the sphere of influence of another city . • (B) Located within an urban service area that has been delineated and adopted by a commission, which is not prime agricultural land, as defined by Section 56064, and is designated for urban growth by the general plan of the annexing city. • (C) An annexation or reorganization of unincorporated islands meeting the requirements of Section 56375.3.
GOVERNMENT CODE SECTION 56375.3 • 56375.3 . (a) In addition to those powers enumerated in Section 56375, a commission shall approve, after notice and hearing, the change of organization or reorganization of a city, and waive protest proceedings pursuant to Part 4 (commencing with Section 57000) entirely, if all of the following are true : • (1) The change of organization or reorganization is initiated on or after January 1, 2000. • (2) The change of organization or reorganization is proposed by resolution adopted by the affected city. • (3) The commission finds that the territory contained in the change of organization or reorganization proposal meets all of the requirements set forth in subdivision (b).
GOVERNMENT CODE SECTION 56375.3 (cont.) • (b) Subdivision (a) applies to territory that meets all of the following requirements: • (1) It does not exceed 150 acres in area, and that area constitutes the entire island. • (2) The territory constitutes an entire unincorporated island located within the limits of a city, or constitutes a reorganization containing a number of individual unincorporated islands. • (3) It is surrounded in either of the following ways: • (A) Surrounded, or substantially surrounded, by the city to which annexation is proposed or by the city and a county boundary or the Pacific Ocean. • (B) Surrounded by the city to which annexation is proposed and adjacent cities.
GOVERNMENT CODE SECTION 56375.3 (cont.) • (4) It is substantially developed or developing. The finding required by this paragraph shall be based upon one or more factors, including, but not limited to, any of the following factors: • (A) The availability of public utility services. • (B) The presence of public improvements. • (C) The presence of physical improvements upon the parcel or parcels within the area. • (5) It is not prime agricultural land, as defined by Section 56064. • (6) It will benefit from the change of organization or reorganization or is receiving benefits from the annexing city. • (7) Not located within a gated community currently served by a Community Services District.
LAFCO & UNINCORPORATED ISLANDS RESCUING THE CITY CASTAWAYS! CALAFCO Annual Conference – San Diego October 26, 2017
CALAFCO 2017 Conference Unincorporated Islands: Rescuing City Castaways Orange County LAFCO Unincorporated Islands Program Luis Tapia, Policy Analyst II
County of Orange Demographics Demographics • Largely built-out, urban • Area: 799 square miles • Population: 3,152,376 Governance: • Cities: 34 • Special Districts: 35 • JPAs: 70 • HOAs ( concentrated in southern portion of County )
Orange Unincorporated Islands Remaining Unincorporated Islands: 33 o 23 small islands (under 150 acres) o 10 large islands (190 - 4,500 acres) Total Unincorporated Territory: 197,562 acres Island Population: 125,792 By 2033, the population will increase by approximately 44,000 residents.
Background of Orange Unincorporated Islands The County of Orange Board of Supervisors: • In 1994, the County of Orange declared municipal bankruptcy. • Adopted a restructuring plan for county government that identified the following: County’s provision of municipal -type services is costly and duplicative Unincorporated areas are served more efficiently by surrounding cities The County should focus on regional, not local, services.
Background of Orange Unincorporated Islands Orange County LAFCO: In 2000, the Commission began proactive collaboration with the County and cities with adjacent islands. For 17 years, the Commission has identified its island annexation program as a “high” priority project in the annual work plans. OC LAFCO has evolved as the leader and facilitator of island annexation discussions.
OC LAFCO’s Unincorporated Island Program 2000-2006: Through joint partnership with the County, the Commission annexed over 40 islands. 2008-2010: As an incentive to annex, the Commission established an application fee waiver program for small islands. This encouraged and led to several island annexations. 2011-2012: The Commission established an Islands Task Force comprised of LAFCO Commissioners and staff, representatives from the County Supervisors’ and CEO and affected cities. This effort led to more annexations. 2013-Present: The Commission approved a more concentrated effort on islands with more likelihood of success. This has led to successful annexations and several pending with likelihood of annexation. The Commission continues to waive annexation fees for small islands.
OC LAFCO’s Unincorporated Islands Accomplishments As of 2017: 50 islands annexed 33 islands remaining, 7 underway
What makes it work in Orange County? Collaboration: • Joint effort of LAFCO, County and cities to address annexation obstacles Leadership: • Islands program identified as “high” priority in LAFCO work plan • Commission waives annexation fees for small islands • LAFCO serves as facilitator for stakeholder discussions • LAFCO, County and City conduct community outreach and workshops Resources: • Islands Webpage • Islands fiscal profiles • Public relations materials for residents (i.e. FAQ sheets, annexation reports)
OC LAFCO Unincorporated Islands Web Page
Islands Fiscal Profiles Fiscal Profiles: Map for each island Overview of the demographical data Current service providers Cost and revenue analysis
What are the Challenges? Resident Opposition: Community Identity Additional taxes or fees Stricter oversight (County v. City) Infrastructure deficiencies and service costs No sales tax base Low priority for cities
Case Study: Sunset Beach Annexation to City of Huntington Beach Sunset Beach Community: 134 acres (residential & commercial) Population: 1,400 Largely residential and small commercial area
Key Takeaways for Making Island Annexations Work Proactive leadership of LAFCO Collaboration among all stakeholders Community outreach and input from the public Benefit to agencies and public Delivery of more efficient and cost effective municipal services
OC LAFCO Unincorporated Islands Program Luis Tapia, Policy Analyst II
LAFCO & UNINCORPORATED ISLANDS RESCUING THE CITY CASTAWAYS! CALAFCO Annual Conference – San Diego October 26, 2017
Island Annexations and Fresno
City/County competition 1955-1974: a proliferation of special districts • 37 Waterworks Districts, • 13 County Service Areas, • 3 Fire Districts, • 1 County Water District, • 1 Police District, • 2 Recreation and Parks Districts, and • 1 Public Utility District.
City of Fresno, circa 1974
City of Fresno, circa 1974 Fort Washington Pinedale Sierra Sky Park Mayfair Highway City Tarpey Fig Garden Sunnyside Figarden Calwa Easterby
City and County seek a solution… • 1974-82 Fresno General Plan policies develop annexation policies to “Unify the metropolitan area and establish logical boundaries and service areas.” • 1983 County establishes and later rescinds its referral policies in protest over City’s brusque annexation process. • High-level negotiations result in the 1983 City/County “Joint Resolution on Metropolitan Planning” • City “Urban Unification Team” starts assertive annexation program (circa 1983-1999) • 1990 City/County MOU process includes “Standards for Annexations”
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