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HomeMy WebLinkAboutCC Pub. Hearing #1 5-26-87TO: FROM: SUBJECT: HONORABLE MAYOR AND IqEIqBERS OF THE CITY ~OUNCIL COMHUNITY DEVELOPIqENT DEPARTlqENT PROPO*SED ANNEXATION NO. 139 RECOI~,IENDATION: It is recommended that the City Council: 1. Open public hearing. 2. Receive and file written protests· 3. Accept public testimony and close public hearing. 4. Direct staff to certify the value of written protests and report back at the City Council's meeting of June 1, 1987. 5. Direct staff to draft an appropriate resolution based on percentage of protests certi fled. BACKGROUND: Annexation No. 139 was initiated by the Tustin City Counctl on February 17, 1987 (Resolution No. 87-20) in response to a group of citizens who live in the proposed area and had gathered signatures from persons petitioning the annexation. On April 1, 1987 the Local Agency Formation Commission approved the annexation subject to the following terms and conditions {LAFCO Resolution No. 87-19). · The City of Tustin is designated as the conducting authority and the legislative body thereof is hereby directed to initiate annexation proceedings in compliance with this resolution. e Any election called upon the question of confirming an order for annexation shall be called, held and conducted upon such annexation only within the territory ordered to be annexed. ¸3. The City of Tustin,.as applicant, shall be liable for and pay all proper expenses incurred in conducting proceedings in compliance with this resolution. · / Clty Counci 1 Report Annexation No. [39 May 26, [987 Page two PROJECT ANALYSES: · The proposed annexattoh area ts bounded by [rVlne Boulevard on the south Browning Avenue on the west, La Colina on the north and the Tustin Ranch on the east. Elghty five single-family homes and the Tustin Memorial Elementary School are the existing land uses within the proposed annexation area. According to the Orange County Regtstrar's Office, there are [79 registered voters in this area of which 34 signed a petition to annex into the City. The population of the area ts estimated at 323. The Land Use Element of the County General Plan .designates the territory for low denstty residential uses· The City's General Plan Land Use Element also designates the territory for low density residential uses· Zoning for the entire area is E-4 (Estate Residential). No change in zoning would occur as a result of annexatlon. A full range of 'municipal services would be extended upon annexation and would include refuse collection, police patrol, park and recreation services, street sweeping (public roads), fire protection (contract with County Fire Department), street maintenance and general governmental administration. Service levels would be equal to other developed areas of the City and would be provided immediately upon annexation. · The annexation territory is within the boundaries of County Service 'Area No. 5 (CSA 5). CSA 5 is authorized to acquire, develop' and maintain local parks; acquire, develop and maintain equestrian trails; to provide road related landscape maintenance and real property services support. There are no local park sites or equestrian trails within the annexation territory. Further, CSA 5 does not provide any road related landscape maintenance within the annexation territory. If the annexation is completed then the territory would be administratively removed from CSA ~5 pursuant to Government Code Section 25210.90. According to recent City Council policy, this area would also be excluded from the City's bonded indebtedness for parks and civic center. This particular annexation area is within the City of Tustin's sphere of influence which presumes, eventual annexation to the City. According to the Local Agency Formation Commission (LAFCO) the annexation would 'advance community facilities and consolidate jurisdictional responsibilities which is consistent with State, County and LAFCO policies. A Fiscal Impact Analysis of recent annexation proposals has been completed and is attached for the Council's information. Also attached are responses to the most commonly asked questions and issues about annexation to the City of Tustin. Community Development' Department Clty Council Report May 26, 1987 Annexation 139 Page three Upon conclusion of the hearing, the City Council should instruct staff to review and determine the value of the written protests filed and not withdrawn. -Not more than 30 days after the conclusion of the hearing the City Council would then have to adopt a resolution making a finding regarding the value of written protests filed and not withdrawn, and take one of the following actions: le Terminate proceedings if more than 50% of the registered voters residing in the area protest or if more than 50% of the land owners owning land in the area protest. e Order an election if at least 25~ but not more than 50~ of the registered voters residing in the affected territory protest, or at least 25~ of the number of owners of land who also own at least 25~ of the assessed value of land within the affected territory protest. ® Order the change of organization without an election if written protests have been filed and withdrawn by less than 25~ of the registered voters or less than 25% of the number of owners of land owning less than 25[ of the assessed value of land wtthin the affected territory. Ma/F~-A~n//~amberlafn . 'Christine Shingleton Associat~e Planner Director of Community Q~velopment MAC:pef Attachments: Fiscal Impact Analysis Questions and Issues LAFCO Resolution No. 87-19 Map , Community Development Department ATTACHMENT I · RESPOIISES TO MOST C~9tONLY ASKED QUESTIONS AND ISSUES ABOUT ANNEXATION TO THE CITY OF TUSTIN Wtll The Current Stal~s Of La Colina Change,,,? The current La Colina right-ofCway between Newport and Browning Avenues is outside of the jurtsdtctlon of the City of Tustln. Annexation proposals under consideration propose extension of the City's boundary north to the centerline of La Colina, east of Newport Avenue to the Irvine Ranch-East Tustin area. This portion of La Colina is currently designated by the County as a secondary arterial highway on the County Master Plan of Arterial Highways. It is predominately a 2-lane road with an 80 foot right-of-way. If La Coltna between Newport Avenue and Browning Avenue was withtn the Ctty's limits, the City could support the removal of La Colina from the County Master Plan of Arterial Highways and 1ts redesignatton as a residential street. While not anticipated by current annexation proposals, there has been considerable concern about extension of La Colina east of Browning Avenue to the future Tustin Ranch Road. This portion of La Colina is not on the County Master Plan of Arterial Highways. A portion of the road that is already built is currently striped as a · 2-lane road with an 80 foot right-of-way. The East Tustin Specific Plan and EIR designate La Collna between the western edge of Tustin Ranch and Tustin Ranch Road as a residential street. The design of this portion of the roadway will provide for the following: an 80 foot right-of-way a two lane residential street which will include an 8 foot parkway (sidewalk and landscaping on each side, a 6 foot bike lane on one side, one 12 foot travel lane in each direction and a landscaped 28 foot center median. a reverse "S" curve designed for ~5 miles per hour (MPH) as a traffic deterrent. La Colina will dead end at Tustin Ranch Road and would not be capable of being extended due to the golf course and future residential developments east of the golf course. In the event that the County widened its portion of La Colina, the City would widen that portion of La Colina extending into Est Tustin to four lanes within the 80 foot ri ght-of-way. Are Zontn9 Changes Planned Or Expected For Annexation Areas? No changes to existing zoning within proposed annexation areas will occur. The City's existing zoning designations are similar to those in the County to ensure compatabi 1 i ry. In addition, Section 9213 of Chapter 2 of the Municipal Code provides that any territory annexed to the City shall be designated by the zone which the territory Annexation Questions Page two was under the County Zoning Ordinance, provided that the City has a Zoning District bearing the same designation. 'Although the City currently has R-1 and designations, there is currently no designation for the North Tustin Specific Plan Area included within Annexation No. 140. Upon approval of an annexation in this area, however, the City is committed to creating a North Tustin Specific Plan Zoning designation. While it has been argued by those opposing annexation that 58 of the City's last 60 annexations resulted in rezonings which have increased densities or rezoned property from residential to commercial use, these claims are grossly inaccurate. The City's review of its annexation records for the last decade or more has revealed that the majority of annexations have not resulted in a change in residential or commercial zoning designations. The City in 1970 and 1971 selectively annexed and pre-zoned three major land holdings on 17th Street from residential to commercial to permit development of community shopping facilities such as the Enderle Center and the French Quarter. At that time, 17th Street was upgraded from a residential collector to a major arterial highway because of increased traffic demands in North Tustin. It is generally not good planning practice to develop low-density single family uses on major highways. These selective annexations were also largely vacant and pre-zoned at the request of the property owners. The City also, in annexing the East Tustin Area in 1979, rezoned property from agricul rural use to permit development. Did The City Of Tusttn Renege On A Promise To Limit Development In East Tusttn? When the East Tustin Specific Plan area was annexed into the City in 1979, the area was pre-zoned from agriculture to Planned Community Residential. One of the criteria for that pre-zoning, was that residential densities would not exceed an average density of four dwelling units per gross acre. The East Tustin Development authorizes construction of approximately 9,000 residential 'units in an area of approximately 2,000 acres with density basically not exceeding 4.5 dwelling units per gross acre. Is There A Legal Requirement For Notification Of Property Owners Prior To Annexation? Those opposed to annexation have claimed in their distributed materials that there is no legal requirement for the City of Tustin to notify homeowners prior to annexation. This statement is grossly irresponsible. The Tustin Sphere of Influence was established by the Local Agency Formation Commission {LAFCO) in 1973, and has not changed since that date. Under the annexation laws of the State of California, the City may undertake annexations that are considered logical for service purposes which are within its spher'e of influence. It has been the City Council's policy not to initiate and transmit to Annexations Questions Page three LAFCO an annexation proposal unless the Tustin City Counctl has been petitioned by residents tn an area who wtsh to annex into the Ctty. The City ts not legally required to nottfy residents prtor to transmittal of an annexation application to LAFCO. However, tt has been Tusttn City Counctl pollcy to nottfy residents in these areas and provide them an opportunity to be heard prtor to transmittal of an application to LAFCO. Prtvate ctttzens In unincorporated areas may also, on thetr own, petttton LAFCO for annexation If they have a common boundary with the City. If LAFCO approves the proposed annexations, then they order the City to hold a protest heartng. According to State Law, the Ctty Clerk must then nottfy all landowners wlthtn the proposed annexation area. Why The Hurry in Proceedln~ Wt1~ Annexation? The City of Tustin is not in a hurry to annex, but rather responding to citizen requests for annexation areas that have common boundaries with present City limits. Proposed annexations are not hurry up annexations. The proponents of these annexations have been worktng to collect signatures for the past five months, and feel that thetr best alternative ts to annex t nto the Ct ty, tn order to have better urban servtces for the same tax dollar. Wtll The Ctty Conslder ~ Assessments For Servtces Or Charge For Any Change Tn The Level Of Servlce? There are no such plans, nor is there any need to. Wlll Tustln Pollce Be Spread Thtn? The Ctty would expect to htre additional personnel in extending sevtce to Annexation area 139 and 140. However, there wtll be no lnttial tnteruptton or reductions tn servtce. Residents can expect to receive the same level of service upon completion of annexation as they currently recetve. The City of Tusttn maintains a full service municipal police department which provides traffic control, patrol, investigative and crime prevention services and emergency first response within City boundaries. The current emergency response time to any location within the City is averaging 3.5 minutes as compared to over 6 minutes for County Sheriff. In addition to traditional law enforcement services, the Department strives for active interaction wi th City residents, schools, and businesses. This interaction is accomplished through the City' s award-winning crime prevention/neighborhood watch program and its earthquake preparedness programs. In conjunction with the schools, Parents Who Care, and the National Council on Alcoholism, the Department also provides high profile programs for all ages about the alternatives for substance abuse. Will Fire Service Cost More Upon Annexation? Since 1978 Tustin has received fire protection and suppression services through the Annexation Questions Page four Should There Be Concern About Increases Zn The Ctt¥'s Total Budget And Its Capttal Zmp,revement Budoet Over The Last Two Years? " No. Increases in the budget reflect income and expenditures related to Assessment District financing of capital improvements in East Tusitn. These bonds are the responsibility of and will be paid back by the property owners within East Tustin.- The only other capital tn~rovement item in the budget that has significantly increased in the last two years is expenditures necessary to improve the City's water system. The City's operating budget for City services only increased 3.9~ for 1985-86 to 1986-87. wi 11 water Rates Zncrease With Annexation? Water rates are the same inside or outside of the City and would not change as a function of annexation. Are There Any Other Financial Or Indirect ,Benefits Of Annexation? All revenues received by the City, which include sales tax, property tax, state subventions and other revenues are spent by the City within the City. County funds received from unincorporated areas adjacent to the city of Tustin may be spent throughout Orange County. There would be no increase in property taxes as a result of annexation. The City and County have an agreement which provides that upon annexation, a portion of the County basic tax rate ts assumed by the City. The Tustin City Council has a policy that the City's present Civic Center and Parks bond tax rates do not apply to annexed areas. The current assessments for these bonds typically range from $9.30 to $16.50 per year. The City provides a full range of public works services including street maintenance, street tree trimming, street sweeping and refuse collection. The current fee for refuse collection in the City is $5.35 per month as compared to $6.20 per month in the County. The Tustin Community Services Department offers a variety of programs which enable residents of all ages, interest, and capabilities to participate in leisure activities. While the City discourages no one from participating in its programs, non-City residents are charged a surcharge of up to 50~ more than residents when · they register for a class. City residents also have the opportunity to register before non-City residents so they have the opportunity to get into the more popular classes before they close. Annexation Questions Page fi ve The City has several facilities available for rent to the public for various private functions such as wedding receptions, picnics and sports activities. Tus.tin residents are also offered a lower rate for the use of these facilities and have a first priority of up to 60 days earlier to request use of a facility. What Partqctpatlon Oplmrtunttles Are Available To New Residents? In Tusttn there is local control and concern about community issues. Council members and Planning Commissioners must live in Tustin. As a City resident you may run for local office or vote for the persons who you think will best serve the Community and assure Tustin of continued quality municipal services and development. You can directly participate in the planning of Tustin to create a distinctive, pleasant and attractive atmosphere. Meetings of the Tustin City Council and Planning Commission are held in the evening hours to allow most persons an opportunity to participate without taking time off from work. CAS :pef ATTACHMENT I I FISCAL IHPACT ANALYSIS PROPOSED ANNEXATIONS 137, 138, 139 140, :141, 142 CITY OF TIJSTIN MAY, 1987 !. StlWBqARY The City of Tustln has recently approved two annexations (No. 137 and 138) and is currently considering the potential annexation of at least four (4) additional areas in the North Tustln Area (Annexation No.s 139, 140, 141 and 142) as shown on Figure 1. A fiscal impact analysts has been completed of these annexations In order to project estimated cosl~s and revenues to be encountered by the Ct ty. Results of the fiscal Impact analysis have revealed the fo11 owl ng: 1. Annexations 139 and [40 are the major thresholds that result in significant additional Ctty costs being incurred due to the cumulative impacts of previously approved annexations and the actual size and location of Annexations [39 and [40. . During fiscal year 1987-88, annual revenue for proposed annexations is projected at $5117,980 and annual costs at $746,245 resulting in a net deficit in fiscal year 1987-88 for the proposed annexations of $228,265 {See Table 1 and 2). One-time costs estimated for vehicle and equipment outlays required for services to the annexation areas represent $98,875 of this deficit. In the event that Annexations 141 and 142 are not completed, the net deficit of Annexations 137 - 140 during fiscal year [987-88 would be $329,397. 3. During Fiscal Year lg88-8g annual recurring revenue for proposed annexations is projected at $711,758 and annual recurring costs at $689,565 resulting in excess revenues of $22,193. In the event that Annexations 141 and [42 are not completed, the net deficit of Annexations [37 - 140 during fiscal year 1987-88 would be $118,360. 4. The fiscal impact analysis only considers impacts on operating costs. If capital improvement expenditures are required in annexation areas, they would clearly result in substantially larger financial liabilities to the City. 5. Personnel, vehicle and equipment costs have been prorated, as appropriate to the City's existing operations or to proposed needs in East Tustin. In the case of East Tustin the General Fund will carry the East Tustin's prorated share or balance sooner than would otherwise be the case. I I. GENERAL BACKGROUND INFORlqATIOM General background information on each annexation area evaluated in this fiscal impact report is presented in Table 1. Figure 1 graphically illustrates each annexation area. Approximately 621 acres in size, the entire annexation study area will result in an increase of 8,013 persons and 2,109 dwelling units. Largely a single family residential area, other uses found in the study area include 301 multiple family dwellings and a school. Total assessed valuation for the study area is estimated at $178 million. -1- u -u u ~"'U u NORTH NOT TO SCALE III. FISCAL INPACT ASSUHPTIONS AND NETIIODOLOG¥ A. FISCAL IMPACT ASSIJNPTIONS The following major assumptions were used in developing the fiscal impact analysis: All revenue estimates are based on the most current population, economic and land use data available. The analysts ts presented tn constant 1986-1987 dollars with no adjustments for Inflation. ° Costs were directly estimated for City departnmnts. The analysis does not include any capital improvenmnt expenditures needed in annexation areas. B. METIIODOLOGY The following discussion defines estimation methodologies used in projecting vartous Ct ty revenues and costs resulting from annexation of the study area. 1. REVENUES Property Tax Under the Master Property Tax Transfer Agreenmnt, the City receives approximately 45% of the County share and the share of affected special districts. Tustin's share of the basic levy under this Agreenmnt would be approximately 1-3%. Propert¥11Transfer Tax The City receives an allocation of $.55 per 1,000 valuation of property sold, excluding the original equity on property and existing financing assunmd by a buyer. A .10 turnover rate is assumed with an .80 consideration rate for equity and financing. Motor Vehicle In-Lieu $28.89 per capita -4- Cigarette Tax $1.50 per capita plus a $400 base Gas Tax iii i ii Section 2106 - $4.56 per.capita Section 2107 - $8.54 per capita Vehicle Code Fines $3.76 per capita Municipal Fines $.62 per capita Communi.ty Oevelopment (Building and Plan Check) fees Revenue estimates assume that the majority of single family homes are at least 20 years old and .05 of these units will be reroofed per year as deferred maintenance. The average permit for a retool ts $60. It is also assumed that .01 of total single family units will see interior or exterior remodeling per year at a ratio of 75~ major remodels and 25% minor:remodels. Valuations of each of these imp roveme nt types i s an average of $25,000 and $10,000 respectfully. These valuations were then applied against the City's current plan check and building permit fee schedules. Homeowners Property Tax Relief .0276 multiplier times total property tax Interest 2.5[ of all projected recurring revenues COSTS Police Department Police Department costs were directly estimated based on personnel and operational needs for the annexation. Based on the pas.t experience of the Police Department and the Sheriff's Department on workloads for the study area, approximately 2,000 calls for service each year are projected. These calls will require in excess of 110 hours per week of Police Officer time. -5- Experience has. also shown that calls for service which are generated by additional population will result in over 1,500 additional police reports per year. One (1) record clerk is needed to support field personnel at the rate of one clerk per 1,600 reports. Public Works Department Public Works costs are estimated for four major line divisions that would be service impacted by proposed annexations - Streets, Trees, Vehicles. Increases in operational costs for each of these divisions was estimated based on the relationship of curb miles to be added by the annexations to total City curb miles (32.17/150.2 -- 21.41%). This percentage was then applied against total estimated line division operational costs projected for each division in expenditure worksheets for the fiscal year 1987-88 budget. Personnel and capital vehicle and equipment costs were directly estimated based on input from the Public Works Department. However, it was assured that personnel and capital costs for street sweeping could be prorated for use in the East Tustin development at a rate of 20% to annexation areas and 80% to East Tustin. While the proposed annexation areas justify the addition of one full time tree crew, it was also assumed that 75~ of the costs of the crew could also be utilized within the City's existing operations. Communtt¥ Oevelop. ment The addition of 2,109 dwelling units .will result in additional requests for service from the Building. Division of the Department of Community Development for code enforcement and inspection services largely related to building in~rovements on existing single family dwellings. Calls for service on newly annexed areas historically have increased as residents discover response is considerably different than what they are accustomed to experiencing from the County. The Department would intend to handle the projected service needs through the use of contract services in an amount equal to approximately 405 of the cost of a full time building inspector. Costs of Special Census Estimates provided by the State Department of Finance. Fi re Increases Since 1978 Tustin has received fire protection and suppression services through the Orange County Fire District. Fire protection costs to contracting cities are based on an allocation of the Fire District budget. Removing certain unique expendi.tures, an adjusted total is allocated to each contracting city based on assessed valuation of improvements and unsecured valuation, number of calls for service in preceding year, population and area in square miles. It is assumed that structural fire protection costs per capita will -6- be approximately $29.87, $614 costs per million of assessed valuation and $22,186 per square mile served, along with a 5% increase in the base rate due to current labor negotiations underplay at the County. The City's projected increases in fire contract costs are expected to be the worse case. The City is currently reviewing its tax share agreement with the County and attempting to clarify what amount the City should be entitled to receive. Should the City's interpretation of the agreement be favorable, the City could see an additional $50,000 credited against fire contract costs. Liability Insurance Assumes an increase of $6 per capita. ZV. 1987-88' FZSCAI.. T#PACTS Tables 2 and 3 indicate estimated revenues and costs for the study area during fiscal year 1987-88. Annual revenues are projected at $517,980 and annual costs are projected at $746,245, resulting in a first year deficit between revenue and costs of $228,265. One-time vehtcle and equipment purchase and capttaltzaton costs represent $98,875 of this deficit. In the event that Annexations 141 and 142 are not completed, the net deficit of Annexations 137 - 140 would be $329,397 during Fiscal Year 1987-88. Major revenue sources during Fiscal Year 1987-88 will be property tax, motor vehicle tn-lieu payments, cigarette taxes and homeowner's property tax relief. Although subventions would not normally be received from the State until the fiscal year following certification of population by the California Department of Finance, the City may conduct a special census of population. Once estimates From a special census are certified by the State, subventions are received within 30 days. As a result of this certification process, the City is expected to receive 7 months of subventions during fiscal year 1987-88. V. 1988-1989 FISCAL IMPACTS Tables 4 and 5 indicate estimated revenue and costs for the study area durtng Fiscal Year 1988-89. Annual recurring revenues are projected at $711,758 and annual recurring costs at $689,565 resulting tn excess revenues of $22,193. In the event that Annexations 141 and 142 are not completed, the net deficit of Annexations 137 - 140 would be $118,360 durtng Ftscal Year 1988-89. Major revenue sources will be the property tax, motor vehicle in lieu payments, and gas tax. Costs are generally the same as Fiscal Year 1987-88 with two exceptions. Personnel costs for police officers and public works which were only partialy budgeted in 1987-88 will increase with a full year of budgeting and there will be no one-time vehicle or equipment purchases in either Public Works or the Poll ce Department. CAS:pef -7- TABLE 2 CITY OF TUSTIN A SUMMARY OF COST/REVENUE PROdECTIONS FOR ANNEXATIONS (1) FISCAL YEAR 1987-88 Revenues . Property tax Property tax transfer Motor Vehtcl · In-1 t eu Cigarette tax Gas tax Vehicle code fines Muntclpa] fines Community Development (Bldg & Plan check) fees Homeowner's property tax relief Interest Total Reve~es $212,952 6,452 135,038 8,411 61,170 27,426 4,520 9,500 45,102 7,409 $517,980 CosTs Polt ce Department Personnel Operatl ng Vehicles/equipment (one ttme) $123,305 7,200 19,000 Subtotal ~.. Public Works Personnel Operating Vehicles and equipment (one time) $149,505 $ 37,640 153,225 79,875 Subtotal $270,74O Communtty Development Operating $ 20,000 Mi scel 1 aneous Fi re contract Lt abi 1 i tyi nsurance Cost of special census (2) Subtotal $228,000 48,000 30,000 $306,000 TOTAL COSTS $746,245 Total Costs Which Exceed Revenues $228,265 (1) (2) * Annexations 137, 138, 139, 140, 141, 142 The City will conduct a special census in order to recieve subventions earlier than they might be received otherwise this is a one time cost. CAS :pef (5/18/87) -8- AAA~ AA AAA AAA . I I TABLE 4 CITY OF TUSTIN A SUlqMARY OF COST/REVENUE PROJECTIONS FOR AIINEXAT[ONS (1) FISCAL YEAR 1988-89 Recurring .Revenues Property tax Property tax transfer Motor Vehicle In-lieu Cigarette tax Gas tax Vehicle code fines Municipal fines Community Development (bldg & plan check) fees Homeowner' s property tax relief Interest Total Revenues Recurrtn9 Costs, pol t ce Department Personnel Operattng Subtotal Publlc Works Personnel Operating Subtotal Communtty Development Operating Fi re contract Lt abt 1 tty tnsurance $240,884 7,279 231,495 14,420 104,861 30,094 4,960 9,500 51,141 17,124 $171,555 7,200 50,185 153,225 $203,410 $20,000 $239,400 48,000 Subtotal $287,400 TOTAL COSTS $689,565 Difference bel~een Recurring Revenue/Cosl~, $ 22,193 (1) (2) * Annexations 137, 138, 139, 140, 141, 142 All figures are in 1987-88 dollars CAS 5/18/87 -11- -i I o 0 o 0 1o 11 12 RESOLUTION OF THE LOCAL AGENCY FORMATIO)! COMMISSION OF ORA))GE COUNTY, CALIFORNIA April l, 1987 On motion of Commissioner Hart, duly seconded and carried, the following resolution was adopted: WHEREAS, a resolution for the proposed annexation designated Eveningside-Rainbow Annexation No. 139 to the City of Tustin in the County of Orange was heretofore filed by the City of Tustin and accepted for filing March 6, 1987 by the Executive Officer of this Local Agency Formation Commission pursuant to Part 3 of Title $, Division 3, commencing with Section 56000 et seq of the Government Code; WHEREAS, the Executive Officer, pursuant to Government Code Section 56828 set April l, 1987 as the'hearing date on this proposal and gave the required notice of hearing; and WHEREAS, the Executive Officer, pursuant to Government Code Section 56833, has reviewed this proposal and prepared a report including his recomendation thereon, and has furnished a copy of this report to each person entitled to a copy; 14 16 17 18 19 20 21 22 24 and WHEREAS, this Commission called this proposal for public hearing on April l, 1987, heard from the interested parties, considered the proposal and the report of the Executive Officer, and considered the factors determined by the Commission to be relevant to this proposal, including, but not limited to, factors specified in Government Code Section 56841; and WHEREAS, the city of Tustin, as lead agency, determined the proposed annexation to be categorically exempt from the requirements Of the California Environmental Quality Act of 1970. NOW, THEREFORE, the Local Agency Formation Commission of the County of Orange DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: Section 1. Subject to the terms and conditions hereinafter specified, said proposal is approved. Section 2. The boundaries of the territory proposed to be annexed to the City of Tustin are specifically described in the legal description attached hereto and by this reference made a part hereof. Said territory is found to be inhabited and is assigned the following short-form designation: EVENINGSIDE-RAINBOW ANNEXATION NO. 139 TO THE CITY OF TUSTIN. Resolution No. 87-19 10 11 12 14 15 16 17 18 19 20 21 22 24 Section 3. Section 4. Section 5. Section 6. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS STATE OF CALIFORNIA The City of Tustin is designated as the conducting authority and the legislative body thereof is hereby directed to initiate annexation proceedings in compliance with this resolution. Any election called upon the question of confirming an order for annexation shall be called, held and conducted upon such annexation only within the territory ordered to be annexed. The City of Tustin, as applicant, shall be liable for and pay all proper expenses incurred in conducting proceedings in compliance with this resolution. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution in the manner as provided in Section 56853 of the Government Code. EVELYN HART, PHILLIP R. SCHWARTZE, DONALD A. HOLT, JR., ROGER R. STANTON and THOMAS F. RILEY NONE NONE SS COUNTY OF ORANGE I, RICHARD T. TURNER, Executive Officer of the Local Agency Formation Commission of Orange County, California, hereby certify that the above and foregoing resolution was duly and regularly adopted by said Commission at a regular meeting thereof, held on the 1st day of April, 1987. IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of April, 1 987. RICHARD T. TURNER Executive Officer of the Local Agency Formation Commission of Orange County, California Resolution No. 87-19 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Block 5752, .ules 59 & 69 Block 5753, Module 60 EXHIBIT "A" EVENING$IDE - RAINBOW ANNEXATION NO. TO THE CITY OF TUSTIN Those portions of Lots 339 and 340 in Block 43 of Irvine's Subdivision in the Unincorporated Territory of the County of Orange, State of California, per map recorded in Book 1, page 88 of Miscellaneous Maps, in the office of the County Recorder of said Orange County, California, described as follows: BEGINNING at an angle point in the existing boundary line of the City of Tustin as established by the · Ranchwood-Bellwick Annexation No. 138," said angle point being the most Northerly corner of said Annexation, and also being the centerline intersection of Browning Avenue and Irvine Boulevard, and said angle point also being the most WeSterly corner of said Lot 339 in Block 43 of Irvine's Subdivision; ,. Thence along the centerline of said Browning Avenue (which centerline coincides with the Northwesterly line of said Lot 339 in Block 43 of Irvine's Subdivision), N. 40" 00' 05" E., 1320.27 feet to the most Northerly corner of said Lot 339; Thence continuing along said centerline of Browning Avenue (which centerline coincides with the Northwesterly line of said Lot 340 in Block 43 of Irvine's Subdivision), N. 39° 59' 50" E., 1320.25 feet to the most Northerly corner of said Lot 340, said Northerly corner also being the centerline intersection of Browning Avenue and La Colina Drive as shown on the map of Tract No. 2942 Page I of 3 1 2 3 4 5 6 7 8 9 1'0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT "A" EVENINGSIDE - RAINBOW ANNEXATION NO. 139 TO THE CITY OF TUSTIN recorded in Book 91, pages 46 and 47 of Miscellaneous Maps, in the office of the County Recorder of said Orange County, California; Thence along the centerline of said La Colina Drive, as shown on said map of Tract No. 2942, the following courses and distances; S, 50° 00' 10" E., 43.00 feet to the beginning of tangent curve, concave Southwesterly and having a radius of 424.24 feet; Thence Southeasterly 24?.62 feet along said curve through a central angle of 3~° 26' 35" to a point of reverse curvature with a curve concave Northeasterly and having a radius of 424.24 feet (a radial line to said point of reverse curvature bears S. ?B° 26' 25" W. ); ! Thence Southeasterly 24?.?? feet along s~id curve through a central angle of 33° 2?' Thence tangent to said curve, S. 50° Ol' 22" E., 150.00 ~eet to the intersection of said centerline of La Colina Drive with the existing boundary line of the City of Tus~in as established by the -Irvine/Peters Canyon Annexation No. il?;" Thence leaving said centerline of La Colina Drive, and along said existing City boundary line, S. 39° 58' 40" W., 2500.59 feet to the most Westerly corner of said "Irvine/Peters Canyon Annexation No. 117" said point being on the centerline of Irvine Boulevard at the Page 2 of 3 1 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 3O 31 32 EXNIBIT "A" EVENINGSIDE - RAINBOW ANNEXATION NO. 139 TO THE CITY OF TUSTIN most Southerly corner of Tract No. 3119 as shown on a map recorded in Book 102, pages 32 and 32 o~ Miscellaneous Maps, in the office o~ the County Recorder o£ said Orange County, California, and said point also being on the Northeasterly line of. the existing boundary line of the City of Tustin as established by the .Irvine-Myford Annexation No. 81 {Amended), Parcel A"; Thence a~ong said existing boundary line of the City of Tustin per said Annexation and per said -Ranchwood-Bellwicl( Annexation No. 138", and along said centerline o~ Irvine Boulevard, N. 49° 57' 35" W., 661.70 feet to the POINT OF BEGINNING. All as more particularly shown on a map, "EXHIBIT B:, / attached hereto and by this re~erence made a part hereof. CONTAINING: 38.846 acres = 0.0607 sq. mi. Legal description prepared by: Licen~d Land Surveyor No. 4125 License expiration date 6-30-8B) This proposal does meet the approval of the Orange County Surveyor's Office. C. R~~Oounty Surveyor Deppty County Surveyor Page 3 of 3 I [XI$7'U~G ¢IT'Y ,~.~4~ A¢ICE$ ,, 0.0~07' SO. Ii'fl. GA[{Y SIEGEL &. COh~PAI',IY' Land ~ul've¥1n~ Mapplng~ ,',nd Relaltd Land Developmenl Service,, r~ r~e ¢lry ~' 7?l&rlM ] 7~ M,41VG~ CO~I~VY~ SV~qV~YO~'.~ O,C,'/r,~. EVENINGSIDE- RAINBOW ANNEXATION NO. 139 TO THE CITY OF TUSTIN, CALIFORNIA. ,,