HomeMy WebLinkAboutC.C. RES 03-076RESOLUTION NO. 03-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, MAKING APPLICATION TO AND REQUESTING THE
LOCAL AGENCY FORMATION COMMISSION OF'ORANGE COUNTY
TO TAKE PROCEEDINGS PURSUANT TO THE CORTESE-KNOX-
HERTZBERG LOCAL GOVERNMENT ORGANIZATION ACT OF 2000
FOR THE CITY OF TUSTIN TO ANNEX APPROXIMATELY 11.41
ACRES OF PROPERTY WITHIN ITS SPHERE OF INFLUENCE AND
FILE ANNEXATION NO. 158.
WHEREAS, the City of Tustin ("City") desires to initiate proceedings pursuant to
the Cortese-Knox-Hertzberg Local Reorganization Act of 2000, Division 3, commencing
with Section 56000 of the Government Code, for the annexation of unincorporated
territory to the City; and
WHEREAS, the City will file an application with .the Local Agency Formation
Commission ("LAFCO") to annex unincorporated territory as set forth in Exhibit A,
attached hereto and by this reference incorporated herein; and
WHEREAS, this proposed annexation be subject to the following terms and
conditions: the annexation-shall be consistent with Government Code Section 56886
and other applicable law existing as of the date of the filing of this Resolution; and
WHEREAS, the reasons for this proposed annexation are as follows: to increase
the economy and efficiency of government services as well as coordination of urban
planning efforts and enhancement of community identity; and
WHEREAS, the proposed annexation area is within the City's Sphere of
Influence and included in the City's General Plan as Low Density Residential; and
WHEREAS, on August 26, 2002, City and LAFCO staff held a workshop for the
residents and property owners to address any concerns about the proposed annexation;
and
WHEREAS, a Public Hearing was held by the Planning Commission on
December 9, 2002, and by the City Council on January 6, 2003, prezoning the affected
properties to Single Family Residential (R-l). Notices were mailed to all property
owners within a radius of 300 feet from the boundaries within the proposed annexation
areas; and
WHEREAS, a Public Hearing was held by the City Council on June 2, 2003 to
consider input and address any concerns about the proposed annexation. Notices were
Resolution No. 03-76
Page 2
mailed to all property owners within a radius of 300 feet from the boundaries within the
proposed annexation areas; and
WHERAS, California Revenue and Taxation Code 99 allow cities and counties to
adopt and approve property tax exchange agreements to set forth the exchange of such
revenues following the addition to a city of previously unincorporated territory; and
WHEREAS, the City and the County of Orange have reached agreement and will
exchange property tax per the Master Property Tax Transfer Agreement (County
Resolution 80-1903), whereby the City shall receive approximately 44.95 percent of the
property tax and the County shall receive approximately 55.05 percent of the property
tax generated.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Tustin, California, resolves as follows:
Section 1: Staff is hereby directed to submit application for Annexation No. 158
and request the Local Agency Formation Commission of Orange County to take
proceedings for the annexation of territory to the City, as shown in Exhibit A, attached
hereto and incorporated herein by this reference, according to the terms and conditions
stated above and in the manner provided by the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000.
Section 2: The City does hereby approve the property tax exchange agreement
reached between the City and the County of Orange, whereby upon completion of the
annexation, the City shall receive approximately 44.95 percent of the property tax and
the County shall receive approximately 55.05 percent of the property tax generated from
the annexed area.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 2nd day of June, 2003.
MAYOR
I~E~ STOKER, CITY CLERK
Resolution No. 03-76
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 03-76
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does 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. 03-76
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 2nd day of June, 2003, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS
NONE
NONE
NONE
PAMELA STOKER
CITY CLERK
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