Loading...
HomeMy WebLinkAboutPH 1 ANNEXATION 110 07-21-80DATE: July 21, 1980 PUBLIC HEARING NO. 1 July 21, 1980 nter - C om TO: FROM: SUBJECT: Honorable Mayor and City Council R.K. Fleagle, Community Development Consultant San Juan-Green Valley Annexation No. 110 (Revisedl BACKGROUND At the request of a prcperty owner, the City of Tustin initiated action toward the annexation of the county island area at Red Hill Avenue and San Juan Street. Letters were mailed fo the property owners and registered voters, soliciting their response to the proposal. Property owners and residents of the area have strongly supported the annexation proposal for those properties westerly of Red Hill Avenue. The proposal was submitted fo the Local Agency Formation Co~mission and a hearing was held June 11, 1980. No p~-otesfs were filed and LAFCO approved the proposal by the adoption of Resolution No. 80-50, designating the City Council as the con- ducfing authority. On June 16, the City Council adopted Resolution No. 80-59, scheduling a protest hearing for 7:30 p.m., July 21, 1980. Notice of the hearing has been mailed to property owners and registered voters. DISCUSSIO~ This annexation is being processed as an inhabited annexation rather than an island annexation since if does not include all of the unincorporated properties within the area. Property owners and registered voters may file a written protest with the City Clerk at any time prior to the close of the public hearing. Following the public hearing the Council is required fo adopt a resolution, making a findin9 regarding the value of written protests filed and taking one of the following actions: a. Terminate proceedings based upon the number o¢ prcfesfs; b. Order an election based upon the number of protests; or c. Order the territory to be annexed without an election. Based upon previous support for the annexation a resolution has been prepared, ordering the annexation of subject territory to be effective upon a negotiated agreement with the County of Orange for property fax division or as otherwise provided by law. City Council July 21, lg80 San Juan-Green Valley Annexation RECONW~NDED ACTION Following the public hearin§, it is recommended that staff calculate the value of written protests and that the City Council adopt Resolution No, 80-?2, sub- stantially as drafted, RKF:mm encl. Resolution No. 80-72 Resolution No. 80-59 LAFCO Resolution No. 80-50 RESOLUTION NO. 80-72 1 4 A RESOLUTION Of THE CITY COUNCIL OF THE CItY Of TUSTIN, DETERMINING THE VALUE OF WRITTEN PROTESTS AND ORDERING THE ANNEXATION OF THE AREA KNOWN AS "SAN JUAN-GREEN VALLEY ANNEX- ATION NO. 1].0 IREVISED)" TO THE CITY OF TUST~ N, CALIFORNIA 5 6 The City Council of the City of Tusfin, California, does hereby resolve as follows: 3.6 ~v. 17 18 19 ~V. ~0 Pursuant to Chapter 2, Part 2, Division 2 of Title 4 of the Government Code, preliminary proceedings were completed by fha Local Agency For- mation Commission on June 11, 1980 and by Resolution No. 80-50, the City of Tustin was designated as the conducting authority and authorized fo proceed with the annexation to the City of Tustin the area desig- nated "San Juan-Green Valley Annexation No. ].10 (Revised]," described in Exhibit "A" attached hereto, and incorporated herein by this reference as though set forth herein in full, The City Council, pursuant to Section 35201 of the Government Code, adopted Resolution No. 80-59 on June ].6, 1980, initiating annexation proceedings and fixing a time and place for a protest hearing. Due notice was givenA~nd a protest hearing was conducted at 7:30 p.m. on July 21, 1980. ~ written protests to the proposed annexation were filed by owners of land or registered voters within the in- .ired territory proposed fo be annexed prior to the hearing and protests were received prior to the concl;sion of the hearing. Pursuant fo Section 35227 of the Government C~de, the City Council finds that the value of written protests is..~_..,-.percent of the registered voters within fha territory and ~j) percent of the assessed value which is tess than 25 percent of the total assessed value o¢ the land within fha territory. The City Council hereby orders the annexation fo the City of Tusfin of the inhabited territory designated San Juan-Green Valley Annexation No. ].10 (Revised)," as specifically described in the legal description and map attached hereto as Exhibit "A" attached hereto and by this reference made a part hereof. 2,2 - ~Vl.')The City Clerk shall transmit a certified copy o,~ this Resolution, 2,`5 ~_~-/ along with required fees payable fo the State Board of Equalization, fo the Executive Officer of the Local Agency Formation Commission for 2,4 certification of completion and recording. 25 26 VII. SubJect annexation agreement with fha tax receipts or as shall be effective upon the approval of a negotiated County of Orange for fha distribution of property otherwise provided by law. 27 2,8' BASSED AND ADOPTED at a regular meeting of the City Council held on fha 21st day of July, 1980. Donald J. Saltarelli Mayor ATTEST: .52 Mary E. Wynn City Clerk 12 14 !5 16 19 20 ~; 25 27 :~ 28 RESOLUTION NO. 80-59 A RESOLUTION OF THE_ CITY COUNCIL, CITY OF TUSTIN, CALIFORNIA, INITIATING ANNEXATION F~OCEEDINGS AND SCHEDULING A HEARING FOR THE ANNEXATION OF CERTAIN INP;ABITED TERRITORY DESIGNATED AS "SAN JUAN-GREEN VALLEY ANNEXATION NO. llO IREVISED)" TO THE CITY OF TUSTIN. WHEREAS,'the City Council of Tustin, by Res~Ifuion No. 80-9, adopted on February 4, 1-g80 commenced proceedings and requested the Local Agency Formation Commission fo consider the proposed annexation of certain territory to the city of Tustint and ~.HF_R~AS, said territory is an inhabited area designated as the "San Juan-Green Valley Annexation No. 1_1_0 (Revis-~)" as more fully described by the map shown as Exhibit 1-, attached hereto and a part hereof, and WHEREAS~ the proposed annexation is for the purpose of providing full municipal services fo an urbanized area that is remote from county ser- vice facilities thereby increasing the economy and efficiency of urban services, and L'HEREAS, the Local Agency Formation Commissian on June 11-, 1_980 determined that: a. The proposed annexation is categorisall¥ exempt from CEQA; b. The proposed annexation is a logics! extension of fha city's boundaries; c. The City of Tustin shall pay all e~32nses incurred in conduct?ag and completing proceedings for the proposed annexation; d. A waiver is granted for the remainiag island territory pursuant to Section 351~01e) o¢ fha ~unicip~i Organization Act o~ 1-977; e. The annexation would not be efFect!.,e pursuant to AB8 until such time as lhe exchange of property fa< revenues are negotiated between the City and County; and f. The City Council oF Tusfin is desiz~ated as the coad.Jct]ng a.~th3rity and directed to initiate ~nnexal;on proceedin2s. .~0~! Tl-,:R~run= mc IT RESOLVED by lhe City C:._~cit. City of Tustin. Cali- ¢ or'nj a: That a public hearing on the propased S~-. Juan-Green Valley Annexation No. 110 IRevised) will be conducted on .;ly 21, 1_980 at 7:30 p.m. in the Council Chambers, 300 Centennial ".'i8., Tustin. That any owner of land within the ferrirery or any registered voter residing within fha territory may file a written proJest against the annexation with the City Clerk of Tusfir at any time prior to fha con- clusion o~ the City Council hee~ring on the prOposed annexati2n. 3. That fha City Clerk shall cause notice 3¢ the hearing on the proposed annexation fo be given as required by 1 4 6 9 10 11 14 15 17 18 19 ~0 ~5 ~6 Z? ~8 ~9 Resolution page 2. 80-59 PASSED AND .... OPTED at a regular meeting of the Tustin Planning Agency, held on the 16th day of Jum, , 1980. D~nald J. $9!~relli A~,a yor ATTEST: l~%ar) E. ¥,/~n City Clerk :',"-.L-,,~,,,,.,-.---,','.,'.,,"..-.~',,~--'-';I ".. I ,,._ ' / !: ; ...'~ ~ ~-.~o'on~'~. I .... . ~ UTT~ D.~. ~ · .~ I I ,,,,?' "-.~. :.. ~i ~. ..... . ~-~,-,-,,4,-,,,,~.- ! I \ I .'. ' " I ,~ ~ ' I I -H' I '~']~'"" I~ na ,I ". ll,J / : ,r,~- ~ ..,,u-'~./~,~. .- I l L_ __LL ~, ,----?-,- -------' '~-- I ....... ¢.; - ~," .=: ...... + ,--'r'- ,"~ .... ' -- ~.t,~, %.-- ' ,w . -'.'.'.'.'.'.'.'.~ I I I I I I SAN JUAN-GREEN VALLEY ANNEXATION NO. I10 TO THE CITY 07 TUSTIN, CALIFORNIA PASSED A~-'D ADo;'rTEO ,GY RES. NO. REC, O~DED C.N- CATED-- [- , ] LEGEND [XISTINO, CITY OF TUSTIN AhNEX ATION AREA ( REVISED ) .~,REA 0.01'71 STATE OF CALIFOR~]IA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. I~YNN, 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 ~o. 80-59 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 16th day of June , 1980 by the following vote: AYES : COUNC I LME..'~ SALTARt~,LLI, EDGAR, KENNEDY NONE HOESTE~IEY, SHARP City of Tustin, California 1 RESOLUTION OF THE LOCAL AGENCY FORMATION CO~ISSIOr.! 2 OF ORANGE COUNTY, CALIFORNIA - June 11, 1980 On motion of Commissioner Anthony, duly seconded and carried, the followt~ 4 resolution was adopted: $ WHEREAS, a resolut';on for the proposed annexation designated San Juan-Gr~ Valley Annexation No. 110 {Revised) to the city of Tustin in the County of Orange was heretofore filed by city of Tustin and accepted for filing April 30, 1980 by the ? Executive Officer of this Local Agency Formation Con~ission pursuant to Part 2 of Title 8 Division 2, commencing with Section 3EO00 et seq of the Government Code; WHEREAS, the Executive Officer, pursuant to Government Code Section 35152 set June 11, 1980 as the hearing date on this proposal and gave the required notice of 10 hearing; and 11 WHEREAS, the Executive Officer, pursuant to Government Code Section 5~794 has reviewed this proposal and prepared a report including his reco~mendation thereon, and has furnish~ a copy of this regcrt to each person entitled to a copy; and '.3 WHEREAS, this Co,.qmissio~ called this proposal for public hearing on 1~ Ju)~e 11, 1S80, considered the proposal and the report of the Executive OFficer, and considered the factors determined by the Co~.mission to be relevant to this proposal, including, but not limited to, factors speci?ied in government Code Section 54796; and 16 WHEREAS, ~,,~ city of Tustin, as lead agency, determined the proposed 17 annexation to be categorically exempt from the requirements of the California Environmental Quality Act of 1970. 18 ~tOW, 'F~EREF~2, the Local Agency Formation Commission oF the County of 19 Orange DOES u~v RESOLVe, ~._,,.~,,.~ - . ....... - ~Kox,~N~ and ORDER as follows: gO Section I. Subject to the terms and conditions h~reinafter specified, ' 21 said proposal is approved. Section 2. The boundaries of the territory pro?osed to te annexed to a,. s~ecifically d~scri~ed in the legal ~nl~, reference ~ade a 28 descripti attached hereto and by ~ part hereo~. Said territory is found to ba inhabited and is assigned the following designation: SAN JUAN-GREEN · 25 VALLEY AN~EXATION NO. 1!0 (REVISED) TO THE CITY OF TUSTIN. ~6 Section 3. The city oF Tustin is designated as ~h. conducting ~? authority and the legislative body thereof is hereby directed to initiate annexation proceedings in compliance Resolution No. 80-50 1 2 3 4 5 6 7 8 9 10 11 12 ~".3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Section 4. Section 5. Section 6. Section 7. AYES: COMMISSIONERS HOES: CO~MISSIONERS ABSENT: COr~ISSIONERS ABSTAIH!NG: COMMISSIONERS STATE OF CALIFORNIA } COUNTY OF ORANGE ) with this resolution. Any election called upon the question of confirming an orde for annexation shall be called, held and conducted upon suc annexation only within the territory ordered to be annexe~. The city of Tustin, as applicant, shall be ltable for and pay all proper expenses incurred in conducting proceedings for the annexation. The city of Tustin shall commence AB 8 property tax revenue negotiations with the County Admtnistrative Office. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution in the manner as provided in Section 35159 of the Government Code. PHILIP L. ANTHONY, PHILLIP R. SCHWARTZE, EDISON W. MILLER AND ROBERT E. DWYER. NONE. NONE. DONALD J, SALTARELLI. SS. I, RICHARD T. TURNER, ExecutiveOfficer of the Local Agency Formation Co~ission 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 11th day of June, 1980. IN WITNESS WHEREOF, ! have hereunto set my hand this llth day of June, RICHARD T. TU2NER Executive Officer of the Local Agency Formation Commission of Oreng9 County, California Secretary Resolution No. 80-50 -2- LEGAL DESCRIPTION FOR THE SAN JUAN-GREEN VALLEY ANNEXATION NO. llO (REVISED) TO THE CITY OF TUSTIN, CALIFORNIA All that certain unincorporated territory situated in the County of Orange, State of California more particularly described as follows: Beginning at the most southerly corner of the "Red Hill-Lance Annexation No. 88" to the City of Tustin, California, said point of beginning being on the centerline of Red Hill Avenue and said point being distant S.39o$4'12"W., along said center- line, a distance of 866.60 feet from the intersection of the centerlines.of Bryan Avenue and Red Hill Avenue; Thence, S.39°64'1 "' 2 ,~. a distance of 395.03 feet along the centerline of said Red Hill Avenue to a point of intersection with most northeasterly line of the "Red Hill-San Juan Annexation rio. 104"; Thence, along the existing boundary line of said City of Tustin as established by the "Red Hill-San Juan Annexation No. 104", by the "First Southern Baptist Church of Tustin Annexation", by the "High School Annexation No. 2"., by the San Juan- Orange Annexation No. 87", by the said "Bryan-Red Hill Annexation", by the "San Juan-Utt Annexation No. 98", by the said Bryan-Red Hill Annexation", by the "Green Valley-Red Hill Annexation No. ll6", and by the said "Red Hill-Lance Annexation No. 88", through the following courses: H.50°O5'48"W., 50.00 feet; S.39o54'12"W., 5.96 feet; S.84°56'20"W., 28.27 feet; S.39°58'28"W., 64.00 feet; N.50°Ol'32"W., 260.84 feet; N.50°Ol'32"W., 661.58 feet; N.39°55'27"E., 360.48 feet; · S.50°01'16"E., 300.66 feet; S.50°01'16"E., 30.00 feet; N.39°54'57"E., 49.71 feet; S.50°01'OI"E., 165.00 feet; N.39°54'57"E., 280.75 feet; S.50°Ol'Ol"E., 165.84 feet; S.39°54'30"t1., 80.75 feet; S.50°Ol'Ol"E., 165.88 feet; S.39°54'30"W., 125.02 feet; Thence, S.50°OI'OI"E., along the southwesterly nexation Ho. 88", a distance of'165.00 feet to line of said "Red Hill-Lance An- the point of beginning.