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HomeMy WebLinkAbout08 PROP TAX EXCH RESO-REORGANIZE 07-01 12-02-08Agenda Item -- ~ Reviewed: ~" AGENDA REPORT City Manager ` ~ ~ Finance Director ~1 ' MEETING DATE: DECEMBER 2, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT 8 SUBJECT: PROPERTY TAX EXCHANGE RESOLUTION -REORGANIZATION NO. 07-01 SUMMARY: On January 2, 2008, the City Council approved General Plan Amendment 07-002 to establish the General Plan designation of "Planned Community Commercial/Business" for the annexation of approximately 1.2 acres of land adjacent to the SR-55 Freeway at Edinger Avenue, identified as Reorganization 07-01. The property would be detached from the City of Santa Ana and annexed to the City of Tustin. The area proposed to be annexed is currently developed with a public street and an abandoned on-ramp to the SR-55 Freeway at Edinger Avenue. Prior to holding their public hearing, the Local Agency Formation Commission (LAFCO) requires that the Cities of Tustin and Santa Ana adopt property tax exchange resolutions for the proposed annexation/detachment. RECOMMENDATION: That the City Council adopt Resolution No. 08-86 approving a property tax exchange rate of 100 percent from the City of Santa Ana to the City of Tustin for proposed Reorganization 07-01. FISCAL IMPACT: The annexation of the subject property to the City of Tustin would have an insignificant fiscal impact consisting of additional future property tax revenues and additional future expenditures for public services. ENVIRONMENTAL: On January 2, 2008, the Tustin City Council adopted Resolution No. 08-03, finding that General Plan Amendment 07-002 and Reorganization 07-01 are within the scope of the adopted FEIR, as revised by Supplement #1, for the project entitled "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening." No additional environmental analysis is required for the property tax exchange resolution. BACKGROUND AND DISCUSSION: On October 13, 2008, the City of Tustin filed an application with the Local Agency Formation Commission (LAFCO) for the reorganization of the boundary between Tustin and Santa Ana. City Council Report Property Tax Exchange Page 2 The proposed reorganization includes the following actions: • Detachment of approximately 1.215 acres from the City of Santa Ana • Annexation of approximately 1.215 acres to the City of Tustin • Amendment to City of Santa Ana Sphere of Influence • Amendment to City of Tustin Sphere of Influence • Annexation of 1.215 acres to the Municipal Water District of Orange County • Amendment to Municipal Water District of Orange County Sphere of Influence On January 2, 2008, the City Council approved General Plan Amendment 07-002 to establish the General Plan designation of "Planned Community Commercial/Business" for the annexation of approximately 1.2 acres of land adjacent to the SR-55 Freeway at Edinger Avenue, identified as Reorganization 07-01. The area proposed to be annexed is located within the Pacific Center East Specific Plan area, and has a Planned Community zoning designation. The boundary reorganization would improve the delivery of public services such as law enforcement and waste collection to the annexed area. The reorganization would also place a planned commercial development entirely within one city rather than potentially split it illogically between two cities. Presently, the proposed annexation area is somewhat isolated from the rest of Santa Ana because it is separated from Santa Ana by the SR-55 Freeway. The boundary change would eliminate this City of Santa Ana "island" and would improve the connectivity of the proposed development of the Pacific Center East Specific Plan area. Property Tax Exchange LAFCO requires that the Cities of Tustin and Santa Ana adopt property tax exchange resolutions for the proposed annexation/detachment. It is anticipated that the City of Santa Ana will adopt their property tax exchange and consent resolution on January 5, 2009. Once the resolutions are adopted, LAFCO will proceed with scheduling their public hearing for the detachment/annexation and sphere of influence amendments. LAFCO staff anticipates that the public hearing will take place on February 11, 2009, assuming the City of Santa Ana has adopted its property tax exchange and consent resolution. If the annexation is approved by LAFCO, the general plan designation would become official for the property and the future property tax for the annexed area would be received by the City of Tustin. Scott Reekstin Senior Planner ~~ut E izabeth A. Binsack Community Development Director Attachments: A. Resolution No. 08-86 B. Map S:\Cdd\CCREPORT\Pacific Center East Property Tax Exchange.doc ATTACHMENT A RESOLUTION NO. 08-86 RESOLUTION NO. 08-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING A PROPERTY TAX EXCHANGE RATE OF 100 PERCENT FROM THE CITY OF SANTA ANA TO THE CITY OF TUSTIN FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 1.2 ACRES OF LAND, IDENTIFIED AS REORGANIZATION 07-01. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That pursuant to the provisions of the Cortese-Knox-Hertzberg Government Reorganization Act of 2000, the City of Tustin filed an application with the Local Agency Formation Commission (LAFCO) for the reorganization of the boundary between Tustin and Santa Ana, as described in Exhibits A and B attached hereto and incorporated herein by this reference. B. That on January 2, 2008, the City Council held a public hearing and approved General Plan Amendment 07-002 to establish the General Plan designation of "Planned Community Commercial/Business" for the annexation of approximately 1.2 acres of land, identified as Reorganization 07-01. C. That on January 2, 2008, the City Council adopted Resolution No. 08-03 finding that General Plan Amendment 07-002 and Reorganization 07-01 are within the scope of the adopted FEIR, as revised by Supplement #1, for the project entitled "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening." D. That the City of Tustin concurs that the property tax revenues accruing to the City of Santa Ana for the area to be detached from the City of Santa Ana and to be annexed to the City of Tustin will be allocated in total to the City of Tustin. II. The City Council hereby finds that pursuant to the Revenue and Taxation Code Section 99(b) regarding jurisdictional changes with respect to adjustments in the allocation of property taxes, the City of Tustin accepts that one hundred percent (100%) of the property tax revenues for the area to be detached from the City of Santa Ana and annexed to the City of Tustin be allocated in total to the City of Tustin. Resolution No. 08-86 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of December, 2008. JERRY AMANTE, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-86 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of December, 2008, by the following vote: COUNCILMEMBER AYES: COUNCILMEMER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK b E7~IBIT "A" LECA~ DESCRIPTION REORGANITATION ND. Ro-4'T-41 DET~-CHMENT FRONY CITY of SANTA ANA AND ANNE~A-TION To CITY of TUSTIN 3 4 s 7 9 I4 tl 11 13 ~~ ~5 l6 ~~ I8 19 2Q 21 ~2 2~ I4 26 ~7 THAT I'oRTION of THB RANCHO SANTIAGO DE SANTA ANA, IN THE CITY' OF SANTA ANA, CO[nVTY OF ORANGE, STATE OF CALIFOR~A, PER THE DO RECORDED oN JUNE 28,1854 IN $ooK 3, PACES 4Z~4~3 of PATENTS OF LOS ANGELES COUNTY, CALIFORNIA AND THAT PORTION GF Lo'F ~5, $L~CR to of 1RV17~E'S SUBDT~'ISION Il~ SAID CITY AS SHOWN ON THE MAP FILED IN BODI~ 1, PAGE 8$ of OUS MAPS, RECORDS OF ORANGE CO[JNTY~ MORE PARTI Y DESCRIBBED AS A WIioLE AS FOLLOWS, BEG;INNIl~IG AT AN ANGLE POIlVT IN THE EXISTIlV'C3 $oUNDARY of THE CITY of TUSTIN, AS CREATED HY ORANGE COUNTY MUN~ICIFAt, REORGANIZATION NO.91, To THE CITY of TUSTII~, SAID FAINT BEINCI TH$ SoU"THHASTERLY 5 of THAT CERTAII~ COURSE DESCRIBED AS HAVING A BEARING AND DISTANCE OF NORTH 52°54'48"WEST 2~.4I FF~T; THENCE SOUTH 4~°39'dZ"WEST 11~.~3 FEET TU A POINT ON THB NORTHWEST LIl~IE aF NE~NPORT AVENUE THAT IS ~4.~ FEET SO TEItLY FROM THE NURTHWBSTERLY E~TENStUN OF THE C of EDII~IGER AVENUES AS EDINGER AVENUE IS DESCRIBED IlY A DEED To THB COUNTY aF ORANGE RECORDED SEPTEMBER 7,196, IN $ooR S4ob, FAC3E 47~, OFFICIAL RECORi]S DF SAID ORANGE COUNTY; THENCE SOUTH 49°14'SB EAST 60.4o FEET To AN ANGLE POINT ~t THE 5D LINE OF NEWPORT AVENUE, SAID SotTTHEAST ~,INE BEING 34.4D FRET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINB 4F NEWPORT AVENUE, A5 SAID NEWPORT AVENUE IS SHOWN ON THE MAP FILED IN BOOK 34 PALL 17 of RI~CaRDs of SURVEY, REGARDS OF SAID COUN!'Y, THE CENTERLINE OF SAIQ NEWPORT AVENUE ALSO BEING THE NORTHWEST LWE 4F "IRVINE'S SUBDIVISION', A.S i r ~:~~i i ~ oati~ryu~~r~~~~~-r,~~.a~k. Resolution No. Ol-fi7 May DUI}? Sh~~ ~ or 3 Page 3 of fi E~IBIT "A" LEGAL DFSCRIPTTCN REpR~AN`I7ATI4N No. R[~-47-4 DETACHMENT F1~~M CITY OF SANTA ANNA AN]I A~NNE~ATI~]N TO CITY CF TUSTIN 1 3 3 r ~ 7 8 9 14 ~~ t2 13 i~ is ~~ 17 18 19 ~o ~~ u ~3 24 ~s 16 ~7 ~8 Z9 SHOWN ON THE MAI''1'HE~EOF FILED IN BOpK 1, PAGE SS MISCE LLANE4US MAPS, RECORDS OF SAID COUNTY, AND TO AN ANGLE POINT IN THE E~ST~NG CITY BOUNDARY OF THE CITY OF TUST]N AS~ SAID BG UNDARY WAS ESTAI3LISHFD BY "WARNER-SCYAM4RE TIQN" ORDIN A , ANCB r .i~3' ~C~ ~ arll/~~r/,SA~ ~T~~V ~~•~/+~•Y Bp~/+F~IA~Y SS/ ' ~ • .. a . ~• • ... . • WEST 6I~.I6 FEET; THENCE LEAVING SAID EXISTING TUSTIN CITY BOUNDARY NORTH 34°22' 12" EAST 394.23 FEET• THEN CE NORTH 17°46' 13"EAST 228.92 FEET; THENCE NORTH Z I °44' 1 Q" FAST 118.33 FEET TU THE SOUTHWESTERLY LINE OF THE AFDRF~MFNTIONED ORANG } ~ COUNTY MUNICIPAL REpRtIAN~ZATION NU. 91, "TO THB CITY OF TUSTIN ~""' AND TO THE BEGIl~"O ON A NpN-TANGENT CURVE CGNCAVE SO U1"HWESTERL'~ . HAVING A RADIUS 4F 1434.44 FEET, A RADIAL LIlVB T(3 SAII) BEI3 IlVNIl~G OF CURVB BF~1#R~S NORTH 34°38'S3"EAST; THENCE SC T~,y . ALpNa SAID SOUTHWESTERLY LINE AND SAID CURVE THROUGH A ANGLE ~F 6°26' I9" A DYSTANCE DF 117.99 FEET; THENCE ALDNG SAID Sa TERLY LIlV'B SDUTH 32°54'48" EAST 24.01 FEET Tp THE I'CINI' ~F BEGINNING. coNTA>~rrc s2,937 S~vA,RE FEET oR I.2IS A CRS, MoR~ oR LESS. SEE E~IBTT "B' ATTACHED HERBTp AND MADE APART HEREOF. w m:12~a01 I 1 Wlsun~rylk~ls'~~rac-Ei~~l.si~c Mir zan7 Resolution No. dl-fi7 Shcct ~ of 3 Page 4 0~ fi EXHIBIT "A" . LEGAL DESCRIFTX[IN REaRGANIZATIaN No, RC~7~4i DETACHMENT FRaM QTY aF SANTA ANA AND ANNE~ATIGN Ta ~ aF Tt7STYN 7 is ~~ ~~ ~3 ~~ 15 1~ t~ 1~ 19~ ~o ~i ~~ ~~ ~~ ~~ 1M 7~ as THxS PRaPaSAL WAS PREPARED $Y ME aR UNDER MY DIltECf SUPERY~SIaN. ~ ~ , r w w• • . .. . ~ r ... r. , ., • ., JEREMY L. EYANS ~.L.~. ~zsa, E~~ES ia~~o~ ~~ .+ ~- •D7 ~~.~~ ~ r t ~~, ~~ DATE ~~~ ~ ~~ o~ ~~,~~ THIS TIaN BaUNDARY IS TECHNICALLY CaRRECT WITH RESPECT Ta THIS APPLICATIaN AND REQtTIItED FORMAT; THE LEGAL DESCRIP'T~aN AND FLAT ARE DEF~N~TE AND CERTAII~; AND CAN BE LaCATED ON THE c~ROVr~D. PDRTIaNS DF THE PRaPaSED T~aN ARE NaT ~ CaNFQRMAHCE WITH LINF,,S aF ASSESSMENT aR D1~tSHIP, Z~`~~ DATED THIS DAY aF ,~Y~ ~ ~ - R.AYMOND L. MATHS, COUNTY SURVEYOR, L.S. 6185 'HY LICENSE EXPIRES 3/31/08 +rel~tu~l E IiIQ4wrvey~(rp~t~annac-firwl.~ ~~~~ Zeal Resaiution No. o?-fi? S hest 3 of 3 Page 5 0~ fi ATTACHMENT B MAP ~ ~~ ~ ~ ~ ~ ~ ~_ ~ ~ ~ ~~ ~~ ~ ~ . g ~~ ~ $ .. ~~ ~~ ~ ~ ~g I I ~ ~ ~- I I ~ ~~~ 3 ~~ ~~ ~ ~ _ ~ ~ ~ ~ ~; a ~~ ~ o~~ ~ ~ ~ ~~ ~ } ~~ ~ 4 ~~ ~~ ~ ~~ ~w ~ o ~ ~ ~~ N4YROrJOrM ~ - W * ~~ ~ ~ ~ ~~~ ~ ` ~ O ~~ _ $ R ~ I ` $ :'. w © I' ~ I . ~~ .i ~ ~I ~~ ~~ ~ e ~~~ ~ ° ~ s i ~ ~ ~~ ~~ :~ ~~ ~; ~~~: ~ ~~ ~ 1 ~ ~~ ~ ~ ~~ ~ ~ I ~ ~ ~ Q ~ ~ ~~ ~ ~, r ~ I I ~ ~~ y »~~ ~~ ~ VALEN~,1A AVElKJE ~~