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HomeMy WebLinkAboutCC RES 05-65 RESOLUTION NO. 05-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING A STRUCTURAL FIRE FUND TAX EXCHANGE RATE OF 100 PERCENT FROM THE ORANGE COUNTY STRUCTURAL FIRE FUND 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. 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. The area to be annexed is served by the Orange County Fire Authority for Fire Protection and Emergency Medical Services. E. The City of Irvine is a Structural Fire Fund city, and the City of Tustin is a Contract city with the Orange County Fire Authority. F. That the City of Tustin concurs that the Structural Fire Fund tax revenues accruing to the Orange County Structural Fire Fund 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. Resolution No. 05-65 Page 1 of8 G. That the City of Tustin agrees to pass through the revenues to the Orange County Fire Authority to provide fire protection and emergency medical services to the annexed territory for as long as the Annexation Property Tax Pass-Through Agreement with the OCFA for Disposition Parcel 36 remains in effect. H. 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. I. That on April 12, 2005, the Orange County Board of Supervisors, as the government entity that oversees the Structural Fire Fund, adopted a Resolution, approving the Structural Fire Fund Tax Exchange. 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 Structural Fire Fund 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 for as long as the Annexation Property Tax Pass-Through Agreement with the OCFA for Disposition Parcel 36 remains in effect. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on April 18,2005. -¡¿ /A- LOU BONE Mayor ATTEST: P/~ City Clerk Resolution No. 05-65 Page 2 of 8 STATE OF CALIFORNIA) COUNTY OF ORANGE) SS 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. 05-65 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of April, 2005, by the following vote: COUNCILMEMBERAYES: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NUN¡'; (5) (0) (0) (U) ~oa~ P ELA STOKER City Clerk Resolution No. 05-65 Page 3 of 8 . ;, EXHIBIT "A" COLUMBUS GROVE RE.ORGANIZATION IRO 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 88 OF MISCELLANEOUS RECORD MAPS, AND AS SHOWN ON THE RECORD OF SURVEY 97-1015, FILED IN BOOK 165, PAGES 81 THROUGH 39, INCLUSIVE, OF RECORDS OF SURVEYS, BOTH RECORDS OF SAID COUNTY, DESCR!BED AS FOLLOWS: COMMENCING AT THE ORANGE COUNTY SURVEYOR'S HORIZONTAl CONTROL STATION NO, -6574', HAVING A COORDINATE VALUE (U"S. SURVEY FEED OF NORTH 2201184.833 AND EAST 6088629.146 BASED UPON THE CAliFORNIA COORDINATE SYSTEM (CCS63), ZONE VI 1963 NAD (1991,35 EPOCH O.C,S, GPS ADJUSTMENT) AS SHOWN ON SAID RECORD ÖFSURVEY; 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, RECORDEO ON MAY 14, 2002 AS INSTRUMENT NO. 20020404592, OF OFFICIAl RECORDS AND AlSO BEING THE SOUTH,EASTERLY LINE OF THAT CERTAIN DEED TO MOFFETT MEADOW PARTNERS, RECORDED MARCH 11, 2003 AS INSTRUMENT NO. 2003000263524, OF OFFICIAl RECORDS, RECORDED ON MARCH 11, 2003, OFFICIAL RECORDS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, SOUTH 40"37'37" WE~n, ALONG SAID NORTtfflESTERL Y 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 1694,00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 27"21'S6-EAST; JHENce 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 118.75 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 TH E FOLLOWING TWO (2) COURSES: 1) NORTHERLY AND NORTHWESTERLY AlONG SAID CURVE THROUGH 'A CENTRAl ANGLE OF 28"06'22" AN ARC DISTANCE OF 843.12 FEET; 2) THENCE NORTH 49"20'37" WEST 468,05 FEET ALONG SAID SOUTHWESTERLY LINE TO THE BEGINNING OF A CURVE, IN THE weSTERLY LINE OF SAIO INSTRUMENT. NO. 2003000263524, OF OFFICIAL RECORDS, CONCAVE EASTERlY HAVING A RADIUS DF 35,00 FEET; THENCE NORTHWESTERLY. NORTHERLY AN!) 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 6661, PAGE 721 OF OFFICIAl RECORDS, OF SAID COUNTY, SAID SOUTHEAST~RLY.lINE BEING AlSO THE NORTHWESTERLY LINE OF SAID INSTRUMENT NO, 2003000263524, OF OFFICiAl RECORDS; THENCE, ALONG SAID ., \P;';W1 "9' \. r""",\""'VEY\Olllco\'><hlbi '0\1JO.PCO ."'dbit \u,rco_" .03-.4_"'-'. doc: ....< printed U/'I'..' .,0' .,. 132 * """""""""""'" < Resoluïion No, 05-65 Page 4 of 8 ~.. SOUTHEASTERLY 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 CIlY OF IRVINE AS SHOWN ON SAID INSTRUMENT NO, 2003000263524, OF OFFICIAL RECORDS; THENCE lEAVING SAIO 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 98~ 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 "e., ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CONTAINING A TOTAL AREA OF 21.64 ACRES, MORE OR lESS, M~1s~~ REGISTRATION EXPIRES 06130105 .' 'Draw>.."..'..' 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R0. 200[0144592 RF _ MWLY R/f IRIC K 1 ATTACHMENT B COUNTY OF ORANGE RESOLUTION (FIRE FUND TAX EXCHANGE) Resolution No, 05-65 P.ageLotL.___--_--- FlPR-13-2005 10:51 FR()'1:CEO/SIFI 714 834 4790 TO: 5733113 P.2/2 RESOLUTION OF THE BOARD OF SUPERVISORS OF COUNTY OF ORANGE APPROVING STRUCTURAL FIRE FUND TAX EXCHANGE AGREEMENT BElWEt:N THE CITY OF ruSTIN AND THE CITY OF IRVINE REGARDING THE COLUMBUS GROVE ANNEXATION FROM THE CITY OF IRVINE TO THE CITY OF TUSTIN (RO 04-12) WHEREAS the Moffit Meadows Partners, LLC fried a landowner petilion with the Local Agency Formation Commission to annex that terTitory in the City of INine referred to as the Columbus Grove Annexation. which is approximately 22 acres of unlnhebited tenitory within the former Tustin Marine Corps Air Station and currently located in the City of Irvine. It Is north of Wamer Avenue, west of Harvard Avenue, and east of the Peters Canyon Channel. The proposed reorganization would allow for a new and entire residential community to be developed and seNed by a single jurisdiction; and WHEREAS, the area is seNed by the Orange County Fire Authority for Fire Protect/on and Emergency Medical Services; and WHEREAS, the City of Irvine is a Structural Fire Fund city, and the City of Tustin is a Contract city with the Orange County Fire Authority; and WHEREAS, it Is the intent of the Cities that the City ofTustin will receive 100% of the Structural Fire Fund revenues from the annexed territory; and WHEREAS, the Orange County Board of Supervisors is the government entity that oversees the Structural Fire Fund; and WHEREAS, California Revenue and Taxation Code Section 99 allows cities and counties to adopt and approve property tax exchange agreements to set forth the exchange of such revenues, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby approve the Structural Fire Fund exchange agreement reached between the City of Tustin and the City of Irvine, whereby, upon completion of the annexation of the Columbus Grove area from the City of Irvine to the City of Tustin, the City of Tustin shall receive 100% of the Structural Fire Fund revenues from the annexed territory, ..\ooooIhlNv Resolution No. 05-65 Page 8 of 8