HomeMy WebLinkAbout15 PROP TAX ANNEX 159 03-21-05
A G END A REPORT
Agenda Item 15
Reviewed: -ii!
City Manager
Finance Director N/A
MEETING DATE:
MARCH 21,2005
TO:
WilLIAM A. HUSTON, CITY MANAGER
FROM:
SUBJECT:
COMMUNITY DEVELOPMENT DEPARTMENT
PROPERTY TAX EXCHANGE RESOLUTION FOR ANNEXATION NO. 159
SUMMARY
On February 22, 2005, the City Council approved General Plan Amendment 04-001 and
Prezone 04-001 related to the proposed Annexation No. 159 of Marine Corps Air
Station (MCAS) Tustin Disposition Parcel 36 and Zone Change/Specific Plan
Amendment 04-001 to establish new site development standards for MCAS Tustin
Disposition Parcel 36. Annexation No. 159 consists of the detachment of Parcel 36
from the City of Irvine and the annexation of the same parcel to the City of Tustin. Prior
to holding their public hearing, the Local Agency Formation Commission (LAFCO)
requires that the Cities of Tustin and Irvine adopt property tax exchange resolutions for
the proposed annexation/detachment.
RECOMMENDATION:
That the City Council adopt Resolution No. 05-52 approving a property tax exchange rate
of 100 percent from the City of Irvine to the City of Tustin for the proposed Annexation No.
159 of Marine Corps Air Station (MCAS) Tustin Reuse Plan Disposition Parcel 36.
FISCAL IMPACT:
The annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 to the City of Tustin
would have an insignificant fiscal impact consisting of additional property tax revenues and
additional expenditures for public services. The City of Irvine has agreed to a 100
percent property tax transfer. Pursuant to the existing Joint Powers Agreement with the
Orange County Fire Authority (OCFA), a portion of the property tax revenue will be
passed through to the OCFA.
ENVI RONMENT AL:
On February 22, 2005, the City Council adopted Resolution No. 05-42 finding that
General Plan Amendment 04-001, Prezone 04-001, Zone Change (MCAS Tustin
Specific Plan Amendment) 04-001, and Annexation No. 159 are within the scope of the
adopted Final EIS/EIR for the MCAS Tustin Specific Plan/Reuse Plan. No additional
environmental analysis is required for the property tax exchange resolution.
City Council Report
Property Tax Exchange
Page 2
BACKGROUND AND DISCUSSION:
On June 7, 2004, Moffet Meadows Partners, LLC, which purchased a portion of former
MCAS, Tustin from the Department of Navy, filed a landowner petition with the Local
Agency Formation Commission (LAFCO) for the reorganization of the boundary
between Tustin and Irvine. The proposed reorganization includes the following actions:
. Detachment of approximately 21.6 acres from the City of Irvine and annexation
of the same 21.6 acres to the City of Tustin (MCAS Tustin Disposition Parcel
36)
. Amendment to City of Irvine Sphere of Influence
. Amendment to City of Tustin Sphere of Influence
On December 14, 2004, the City of Irvine adopted Resolution Nos. 04-181 and 04-182,
supporting the proposed boundary reorganization and agreeing to an exchange rate of
100 percent of the property taxes (Attachments B and C).
On February 22, 2005, the City Council approved General Plan Amendment 04-001 and
Prezone 04-001 related to the proposed annexation of Marine Corps Air Station (MCAS)
Tustin Disposition Parcel 36 and Zone Change/Specific Plan Amendment 04-001 to
establish new site development standards for MCAS Tustin Disposition Parcel 36.
The boundary reorganization would improve the delivery of public services such as law
enforcement and waste collection to the future residents of the annexed area. The
reorganization would also place a planned residential neighborhood entirely within one
city rather than split it illogically between two cities. Presently, the proposed annexation
area is somewhat isolated from the rest of Irvine because it is surrounded on three
sides by flood control channels or Southern California Edison property. Vehicular
access to the area is from the north through the City of Tustin. The boundary change
would eliminate this City of Irvine "island" and would improve the connectivity of the
proposed residential neighborhood.
Propertv Tax Exchanqe
LAFCO requires that the Cities of Tustin and Irvine adopt property tax exchange
resolutions for the proposed annexation/detachment. Once the resolutions are adopted,
LAFCO is able to proceed with scheduling their public hearing for the annexation and
sphere of influence amendments. LAFCO staff anticipates that the public hearing will
take place on April 13, 2005. If the annexation is approved by LAFCO, the general plan
and pre-zoning designations would become official for the property and property tax for
the annexed area formerly received by the City of Irvine would be received by the City
of Tustin.
City Council Report
Property Tax Exchange
Page 3
~~
þcott Reekstin
D Senior Planner
Attachments: A.
B.
C.
&Z~4 ~~/:
Elizabeth A. Binsack
Community Development Director
Resolution No. 05-52
City of Irvine Resolution No. 04-181 (Boundary Adjustment)
City of Irvine Resolution No. 04-182 (Property Tax Exchange)
S:\CddlCCREPORl\Lennar Columbus Grove Property Tax Exchange.doc
ATTACHMENT A
RESOLUTION NO. 05-52
RESOLUTION NO. 05-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING A PROPERTY TAX EXCHANGE
RATE OF 100 PERCENT FROM THE CITY OF IRVINE TO
THE CITY OF TUSTIN FOR THE PROPOSED ANNEXATION
OF MARINE CORPS AIR STATION (MCAS) TUSTIN REUSE
PLAN DISPOSITION PARCEL 36, IDENTIFIED AS
ANNEXATION NO. 159.
The City Council of the City of Tustin does hereby resolve as follows:
I.
The City Council finds and determines as follows:
A.
II.
That pursuant to the provisions of the Cortese-Knox-Hertzberg
Government Reorganization Act of 2000, Moffet Meadows Partners, LLC
filed a landowner petition with the Local Agency Formation Commission
(LAFCO) for the reorganization of the boundary between Tustin and Irvine,
as described in Exhibits A and B attached hereto and incorporated herein
by this reference.
B.
That on February 22, 2005, the City Council held a public hearing and
approved General Plan Amendment 04-001 and Prezone 04-001 related
to the proposed annexation of Marine Corps Air Station (MCAS) Tustin
Disposition Parcel 36 and Zone Change/Specific Plan Amendment 04-001
to establish new site development standards for MCAS Tustin Disposition
Parcel 36.
C.
That on February 22, 2005, the City Council adopted Resolution No. 05-42
finding that General Plan Amendment 04-001, Prezone 04-001, Zone
Change (MCAS Tustin Specific Plan Amendment) 04-001, and Annexation
No. 159 are within the scope of the adopted Final EIS/EIR for the MCAS
Tustin Specific Plan/Reuse Plan.
D.
That the City of Tustin concurs that the property tax revenues accruing to
the City of Irvine for the area to be detached from the City of Irvine and to
be annexed to the City of Tustin will be allocated in total to the City of
Tustin.
E.
That on December 14, 2004, the City of Irvine adopted Resolution Nos.
04-181 and 04-182, supporting the proposed boundary reorganization and
agreeing to an exchange rate of 100 percent of the property taxes.
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
Resolution No. 05-52
Page 2
(100%) of the property tax revenues for the area to be detached from the City of
Irvine and annexed to the City of Tustin be allocated in total to the City of Tustin.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the
21st day of March, 2005.
LOU BONE, 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. 05-52 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day
of March, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
.
. \.
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EXHIBIT "An
COLUMBUS GROVE RE-ORGANIZATION (RO 04-12)
THOSE PORTIONS OF LOTS 196 AND 197, OF BLOCK 61, OF IRVINE'S SUBDIVISION, IN THE CITY
OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN
BOOK 1, PAGE 66 OF MISCELLANEOUS RECORD MAPS, AND AS SHOWN ON THE RECORD OF
SURVEY 97-1015, FILED IN BOOK 165, PAGES 31 THROUGH 39, INCLUSIVE, OF RECORDS OF
SURVEYS, BOTH RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE ORANGE COUNTY SURVEYOR'S HORIZONTAL CONTROL STATION NO.
"6574", HAVING A COORDINATE VALUE (U.S. SURVEY FEET) OF NORTH 2201184.833 AND EAST
6088629.148 BASED UPON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI 1983 NAD
(1991.35 EPOCH O.C.S. GPS ADJUSTMENT) AS SHOWN ON SAID RECORD OF SURVEY; THENCE,
SOUTH 43'32'04" WEST, 1354.03 FEET TO A POINT ON THE NORTHWESTERLY LINE OF
HARVARD AVENUE (69.00 FOOT HALFWIDTH) AS DESCRIBED IN THAT CERTAIN DEED, TO THE
CITY OF TUSTIN, OF SAID COUNTY, RECORDED ON MAY 14, 2002 AS INSTRUMENT NO.
20020404592, OF OFFICIAL RECORDS AND ALSO BEING THE SOUTHEASTERLY LINE OF THAT
CERTAIN DEED TO MOFFETT MEADOW PARTNERS, RECORDED MARCH ii, 2003 AS
INSTRUMENT NO. 2003000263524, OF OFFICIAL RECORDS, RECORDED ON MARCH ii, 2003,
OFFICIAL RECORDS, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE, SOUTH 40°37'37" WEST, ALONG SAID NORTHWESTERLY LINE, 267.54 FEET TO A POINT
ON THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DOCUMENT TO SOUTHERN
CALIFORNIA EDISON, RECORDED APRIL 23, 1973, IN BOOK 10657, PAGE 412 OF OFFICIAL
RECORDS OF SAID COUNTY AND ALSO BEING THE SOUTHEASTERLY LINE OF SAID
INSTRUMENT NO. 2003000263524, OF OFFICIAL RECORDS, SAID POINT BEING THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1894.00 FEET,
A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 27'21'58"EAST; THENCE SOUTHWESTERLY
ALONG SAID SOUTHEASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF
4°14'35" AN ARC DISTANCE OF 140.26 FEET; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 66'52'37" WEST 1087.44 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID DEED, SAID POINT BEING A POINT ON A CURVE THAT IS
CONCENTRIC WITH AND 116.75 FEET NORTHEASTERLY FROM THE CENTERLINE OF WARNER
AVENUE AS SHOWN ON DEED GRANTED TO THE CITY OF IRVINE AS INSTRUMENT NO.
19960079232, OF OFFICIAL RECORDS, RECORDED ON FEBRUARY 21,1996 OFFICIAL RECORDS,
SAID CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1718.75 FEET, A
RADIAL LINE TO SAID POINT BEARS NORTH 68'45'45" EAST; THENCE, ALONG SAID
SOUTHWESTERLY LINE, CONCENTRIC AND PARALLEL WITH SAID CENTERLINE OF WARNER
AVENUE THE FOLLOWING TWO (2) COURSES:
1) NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
28006'22" AN ARC DISTANCE OF 643.12 FEET;
2) THENCE NORTH 49'20'37" WEST 466.05 FEET ALONG SAID SOUTHWESTERLY LINE TO THE
BEGINNING OF A CURVE, IN THE WESTERLY LINE OF SAID INSTRUMENT NO.
2003000263524, OF OFFICIAL RECORDS, CONCAVE EASTERLY HAVING A RADIUS OF 35.00
FEET;
THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 101°51'19" AN ARC DISTANCE OF 62.22 FEET TO THE
SOUTHEASTERLY LINE OF PETERS CANYON CHANNEL (HAVING A SOUTHEASTERLY HALF-
WIDTH OF 90 FEET) AS DESCRIBED IN THE DOCUMENT RECORDED TO ORANGE COUNTY
FLOOD CONTROL, RECORDED JUNE 4, 2003, IN BOOK 6681, PAGE 721 OF OFFICIAL RECORDS,
OF SAID COUNTY, SAID SOUTHEASTERLY LINE BEING ALSO THE NOR'jHWESTERLY LINE OF
SAID INSTRUMENT NO. 2003000263524, OF OFFICiAl RECORDS; THENCE. ALONG SAID
K' \D-;'awings \5 P\5P5166\5URVEY\Of fico\E><hibit.\L>.FCO Exhibit \LAFCO_lO -03.04_""". doc
¡,ast printed 12/0/20049' 09 AM 132
* Pri,"", 00 ",",yclod Popa.
SOUTHEASTERl Y LINE OF SAID PETERS CANYON CHANNEl NORTH 52°30'42" EAST 417.91
FEET TO THE CITY BOUNDARY LINE BETWEEN THE CITY OF TUSTIN AND THE CITY OF IRVINE
AS SHOWN ON SAID INSTRUMENT NO. 2003000263524, OF OFFICIAL RECORDS; THENCE
LEAVING SAID SOUTHEASTERLY LINE AND ALONG SAID CITY BOUNDARY LINE, SAID CITY
BOUNDARY LINE ALSO BEING THE NORTHEASTERLY LINE OF A DEED TO IRVINE INDUSTRIAL
COMPLEX, RECORDED SEPTEMBER 14, 1971, IN BOOK 9802, PAGES 985 THROUGH 988, OF
OFFICIAL RECORDS, SOUTH 49'21'01" EAST, 1046.73 FEET; THENCE, NORTH 85°39'11" EAST,
ALONG THE NORTHERLY LINE OF SAID DEED TO IRVINE INDUSTRIAL COMPLEX AND SAID CITY
BOUNDARY LINE, 1014.07 FEET TO THE POINT OF BEGINNING.
ALSO AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
.
CONTAINING A TOTAL AREA OF 21.64 ACRES, MORE OR LESS.
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MICl-lAEl SIMON, PL. .6034
REGISTRATION EXPIRES 06/30/05
K' \Drawinga \5P\5P5166 \ 5URVEY\Of f i ce \ Exhibi t - \LAFCO Exhibi t \LAFCO _12.. 03 - 04- EXA. àoc
La-t printeà 12/6/2004 9,09 AM 133
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EXHIBIT DB"
REORGANIZATION OF RO 04-12
ANNEXATION TO THE CITY OF TUSTIN
DETACHMENT FROM THE CITY OF IRVINE
lEGEND'
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COOROIN>TES SHOWN "E 8>5" ON TME
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"JUSTMENT). DISTANCES SHOWN HEREON "E
,"OUND, UNLESS OTHER"" NOTED. TO 08T'IN
GRID OISTANCE MUmlY GROUND DI"'NCE 8Y
099997051
IRVINE'S SUBDIVISION
MR.M. 1/88
BLOCK 61, LOT 197
~ TAIT & ASSOCIATES INC.
Engineering. Surveyin9 . Environmenlal
701 PARKCENTER DRIVE, SANTA ANA, CALIFORNIA 9270S
TEL. (714) S60.8200
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ATTACHMENT B
IRVINE CITY COUNCIL RESOLUTION NO. 04-181
CITY COUNCIL RESOLUTION 04-181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRVINE SUPPORTING AN APPLICATION FOR A CORPORATE
BOUNDARY ADJUSTMENT FOR THE DETACHMENT OF A
PORTION OF PLANNING AREA 38 FROM THE CITY OF IRVINE
AND ANNEXATION TO THE CITY OF TUSTIN
WHEREAS, the City of Irvine has received a request from Marble Mountain
Partners, LLC for the detachment from the City of Irvine of certain uninhabited
territory owned by Marble Mountain Partners, LLC, known as Moffet Meadows,
being a portion of Planning Area 38, located on the former MCAS Tustin site, and
described more particularly in Exhibits A and B attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, the City of Tustin has indicated a willingness to annex this
territory; and
WHEREAS, the City Council of the City of Irvine has considered information
presented by the Community Development Department, the landowner, and
concerned citizens at a public hearing on December 14, 2004.
NOW, THEREFORE, the City Council of the City of Irvine DOES HEREBY
RESOLVE as follows:
Section 1. The proposal by Marble Mountain Partners, LLC for detachment
from the City of Irvine to the City of Tustin is made pursuant to the Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000.
Section 2. The proposed change consists of the. detachment of
approximately 21 acres from the City of Irvine and annexation to the City of Tustin,
described more particularly in Exhibits A and B attached hereto.
Section 3. A petition/application for detachment has been submitted to the
Local Agency Formation Commission (LAFCO) by Marble Mountain Partners, LLC,
the property owner.
Section 4. The City Council of the City of Irvine supports the detachment of
the subject property from the City of Irvine and annexation to the City of Tustin.
Section 5. The Local Agency Formation Commission is hereby requested
to undertake detachment proceedings in the manner provided by the Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000.
PASSED AND ADOPTED by the City Council of the City of Irvine at a special
meeting held on the 14th day of December 2004.
ATTEST:
~INE
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF IRVINE )
I JERI L. STATELY, City Clerk of the City of Irvine, HEREBY DO CERTIFY
that the foregoing resolution was duly adopted at a special meeting of the City
Council of the City of Irvine, held on the 14th day of December 2004.
AYES: 5 COUNCILMEMBERS: Agran, Choi, Kang, Shea and
Krom
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
~INE
2
CC RESOLUTION 04-181
ATTACHMENT C
IRVINE CITY COUNCIL RESOLUTION NO. 04-182
CITY COUNCIL RESOLUTION 04-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE
AGREEING TO AN EXCHANGE RATE OF 100 PERCENT OF THE
PROPERTY TAXES TO THE CITY OF TUSTIN FOR THE
DETACHMENT OFA PORTION OF PLANNING AREA 38
WHEREAS, pursuant to the provisions of the Cortese-Knox-Hertzberg
Government Reorganization Act of 2000, proceedings will be initiated by landowner
petition to detach territory within the City of Irvine corporate boundaries known as
Moffet Meadows, being a portion of Planning Area 38, located on the former MCAS
Tustin site, and described more particularly in Exhibits A and B attached hereto and
incorporated herein by this reference; and
WHEREAS, the City of Irvine concurs that the tax revenues accruing for the
area detached by the City of Irvine will be allocated in total to the City of Tustin; and
WHEREAS, the City Council held a public hearing on December 14, 2004, to
hear testimony of the Community Development Department, the landowner, and
concerned citizens.
NOW, THEREFORE, the City Council of the City of Irvine DOES HEREBY
RESOLVE that pursuant to the Revenue and Taxation Code Section 99(b) regarding
jurisdictional changes with respect to adjustments in allocation of property taxes, the
City of Irvine requests that one-hundred percent (100%) of property tax revenues for
the area detached by the City of Irvine and annexed by the City of Tustin be
allocated in total to the City of Tustin.
PASSED AND ADOPTED by the City Council of the City of Irvine at a special
m"tiog h,1d 00 th, 14" d,y of O",mbo< 2004. - -a-R~
MAYOR OF THE CITY OF IRVINE
ATTEST:
E
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF IRVINE )
I JERI L. STATELY, City Clerk of the City of Irvine, HEREBY DO CERTIFY
that the foregoing resolution was duly adopted at a special meeting of the City
Council of the City of Irvine, held on the 14th day of December 2004.
AYES: 5 COUNCILMEMBERS: Agran, Choi, Kang, Shea and
Krom
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
2
. CC RESOLUTION 04-182