HomeMy WebLinkAboutORD 706 (1977) ORDINANCE NO. 706
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISH-
1NG A CAPITAL OUTLAY FUND
The City Council of tGe-City of Tustin-docs hereby ordain as follows:
1. The City Council finds and determines that:
a. Title 5, Division 2, Part 1, Chapter 4, Article 4 (See. 5373.0, et
seq~) of the Government Code of the State of California authorizes
a city to create a Capital Outlay Fund and to acctu-aulate funds
for the purpose of capital outlays;
b, Said Capital Outlay Funds may be shown in the City budget as
reserves for future expenditu.r. es in subsequent years and when
shown shall be identified as to purpose;
c, The Capital Outlay Fund shall remain inviolate for the making of
any capital outlay~ and money shall not be disbursed from the
fund except for the prescribed capital improvements unless the
City Council of the City of Tustin submits a proposition to the
electors of the City of Tustin to. obtain their consent to use the
money in the fund f6r some other specific purpose, The proposition
may be submitted at any election. A two-thirds vote of all of
the voters voting at the election shall be necessary to authorize
the expenditure of the money in the fund for such otker purpose;
d. The area known as the north Irvine Ranch within the .Sphere of
Influence of the City of Tustin, as approved by the Local .Agency
Formation Commission, requires considerable capital expenditures
for streets, roads, and flood control measures in the interest of
public health and safety; and
258
e. Said area is now in an agricultural preserve status with contra.
termination on January 1, 1984 , unless deemed to be in the
public ~nterest for prior development.
9 ~he r~ ,-,, Ceuncil of the City ~f 'Fu~q~n hereby establishes a C~D~ta]
Outlay Fund. One of its sub-accounts shall be identified as the Nor
Irvine account, and it shall be operated pursuant to the followi~
criteria:
a. From and after completion of proceedings for the annexation to
the City of Tustin of the property described in Exhibit "A",
which is attached hereto and incorporated herein by this re-
ference as though fully set forth hereat, and which-is shown on
Exhibit "B" , which is attached hereto and incorporated herein
this reference, and continuing until building pe~its shall hav~
been issued for improvements, other than public improvements,
with'in the area of such property, the City of Tustin shall caus,
to be segregated and accumulated in the Capital Outlay Fund,
seventy percent (70%) of the real property'taxes levied upon th~
subject property, collected and paid to the City of Tustin,
wit, that portion of the general tax le~ imposed, collected ~o:
and paid to the City of Tustin by virtue of the City of Tustin
general tax rate, but not including sums levied, collected and
paid to the City of Tustin by reason of levies of any type or
types other than the City General Tax Levy, including, but not
limited to, special assessments, and shall cause said sums so
received, segregated and accumulated to be expended upon public
improvements within the area of such property. The public im-
provements for which said funds may be expended shall be the
following: arterial highway improvements, drainage and flood
-2-
control facilities, and the engineering and desfg,~ of such
improvements and facilities.
b. The obligation of City to accumDlate taxes received 'by City from
tax levie's'.on such property shall not extend past the time when
buil.ding permits have issued for improvements on the subject
property, other than public improvements, and thereupon the
obligation of City to accth~ulate taxes shall be terminated. All
sums accumulated prior to stjch development shall be segregated by
City and shall be cxpended by City for capital improvements in
support of and in coordination with private development, and in
no event later than one (1) year following issuance of building
permits for improvements, other than Public'improvements, on the
subject property.
PASSED AN~ ADOPTED at a regular ~eeting of the City Council, City of Tustin;
California, held on the 17th day of January, 1977.
ATTEST:
JCR: sl
M: 1
/ z/77
-3-
240
]]lOSE PORTIONS OF ]'tIE FOLLOWING PROPER'i~' O~ED'BY ]'lIE IRVINE COHPANY ON JAhUARY 1, ]9
Beginning at the most ~~esterly corner of Block 44, of Irvine's
Subdivisicn, as per r.~nD recorded in Book 1, pa~:e 88 o:f Hiscellaneous
l.bps, Records o~ OranU. e County, California, said co~cr also bein~ the
noint of intersection of the centerline o~ the Senna Aria Freeway and the
centerline of Bro~ing Xve~e;
~ence N, A0°37'16'' E., alone the northx-:csterly line of sai~] Blo'c~:
~4 and alone said centerline of Bzownin~ Avenue, a distance of 990.70
feet, to an anzle uoinn in the existing'boundarY of the City of T~2stin,
as established'bY nhe San juan-Bro~,n~ing Annexation, per Resolution 73-~*,
passed a::d adopted Dece:nber 3, 1973, said angle poinn being the most
southerly corner of said a~nexation;
o 7 ' "E. -
~ence N. ~0 3 16 along said City of ~stin bo~nda~ and along
the northwesterly line of saio~ Block 44 and along said centerline of
Bro~,~ing Avenue, a distance 363.17 feet, to the point of intersection
~.~ith a line parailal to and 33.00 feet northeasterly of, as measured
ri~nt angles from, the centerline of San Juan Street;
~ence, N. ~9~19'14'' W along Said parallel line, a distance
40,00 feet, to an angle point in the existing baunda'~y of the City of
~stin, as established by the B~3~an-Red Hill Annexation, per Ordinance
No, 172, passed and adopEed June 4, 1962, said angle point being
most souther!v counter o~ said annexation and a point on the nortb~.,:esterly
right-of-~ay line of Browning Avenue;
z. ~ 't6" , said dity of ~.istin boundary and'
~ence, N..,0 37 E. along
along said .north~.:asterly riga:t-of-way line, a distance of 1391.00 feet','
to an angle point in said City of Tustin boundary;
~ence, leaving said north~¢esterly right-of-way line of Bro~,~ing
Avenue-and continuing along said City of Tustin bombdory through the
following described courses: ' '
S. 49°20' 23" E, , ~30.00 feet;"
S. /:0°37 ' 16" I'~ , 63,00 feet;
S.. 49o20'23'' E,, 240,00 feet;
N, 40°37'16'' E., 283.00 feet;
N, 49o20'23'' W., 370.00 feet, tO an angle point in said
City of 'P~stin boundarv, said angle point also being a point on said
nort]~¢esterly rig]~t'ofl'waY line of Broxc~ingj.
~ence, continuing along said city bo ..... . 60° 37 16" E. ,
along said right-of-way line, a distance of 59.50 feet, to an angle
point in said cg_ty boundary, said ;~n~;].e point also bej.ng a point
tl~e south;¢ester]-y boundary of Tract D~o. 2916, as per L~ap recorded in
Book 95~ pages 8 and 9 of Hj. sce!laneous i. Jeps, records of said Orange
County;
]]~,::nce, lcavj.ng said City of ~2stin boundary, S, 49018' 24" E.,
· t~on~ ~7.~j d souinhx-:ester!y tract boundary, a dj. st;~nce of 40.00 feet,
to tl~e point of intersection ~.;ith the no~:th~-;esterly ].~ne of said ]~].ock
/;4 ~n~t poiz~t of intr:~:section a].~o b~.i-ng the. ~.ost so~ttherly corner
of sa~.d 'tract %Co. 2916 and ;t point on the cL-~t,~;lj.ne of Browning Ave~t~e;
N 40°37'16'' E , a].ong the nortl:~.;~t:terly ].i',~e of
'j'l~.;r:ce ~ . · ·
Block I;A a!ont said c,~nterline and along the sontl~easterly
of sa~.d "j'ract :-%o. 2916 c:nd its northca~sterly pro!ongation~ a
of .93B.52 fc.c:t, to [:]~S ~7, osI: ~.;est:erly cornr:r ot Tr;~ct };o. 6628, ;~s pc:r
},-:.:,p r,-;co:-'~,':d in Book 246, p;~ges 36 th~:ou%h 38 ir~c].us}.ve of
· }l,c-:~,:n, S. 49°l-9'41'' E. , . f~:-t l,h
Tr~icl: ~:'~. ('~?:~, ~t ,]i~.t;-~:':,Te oJZ 660 (j(-) .t ;:o ,~ ~:~st ~,~therly
,,. ,,
(
241
The.ace, N./,0°37'16'' E., :..Ion:..: t!~e :;m~thoasLorlv boundary of said
T~ac~ ~:o. (,O~, a distance o~ 1321,07 ~eeE, ~o ~he mos~ easterly
o~ sa~d :r~ac~ No. 66~, said corne~ a~so b-e~n~ a poin~ on t'-~
easterly l~ne o~ sa~a ~lock 44 ana a po~n~ on Lhe cen~e~l~ne 0~
Boulc-var8;
~]-~ence, S, 49"1S'55" g-, alo~ sa~a northeasterly 1i~e a~ along
sa~8 ccnLe~l~ne, a d~s~s~ce o~ 1982.57 ~ce~, ~o an a~gle Do~n~
'- '--' -~le oinn bein~ ~be mos~ northerly co~er of Lot 7, Block
said Irvine ' s Subdivision ;' .
?nenceZ continuing along said northe-ast~rly line and said center]ine~
S~9°1g'05' E., a distam, ca of 154S.16 fee~ to the point of intersestion
~,~ h a line parallel to and 1095.00 feet gorthwesterly of, as measured
a right angles from, the southeasterly line of said Block 44;
Ynence, S. A0°36'19'' W., alon5 said parallel line, a distance of
2G40.94 feet,. to the point oE intersection ~ith the centerline of
Dryan Avenue, said point of intersection also being a point on the
northeasterly line of Lot 24, Block 44 of said Irvine's Subdivision;
?nonce, ccntinuing along said line being p~rallel to the south-
easterly line of said D].ock 44, S. 40°36' 3~" W., a distance of 2507.40
feet, to the point of inLeTsection with the existing boundary 9f the
City of !rvine~ as established b7 the Orange County Board of Supervisors
Resolution ~o. 71-1472, said point of ~n~ersection also bein~ a poin~
on the norEheasterly right-of-way li~e of the Santa Aria Freeway as
described in a ~eed recorded in Beak 4072~..page 65 of Deeds, Official
Records of 'said Orange County: '-.
~ence, N. 49°20'32'' W. ~ along s~d City of I~vine boundary and
along said .freeway riSht-of-waY line, a distance of 9.52 feet ~ to
~gle point therein;
f~eway right-of-wgY l~ne, N. 55 , W., a distance of 40.68 feet,
t an angle point 3.n said city boundary;-
. 3]~ence, leaving said freeway rig]~t--or-way l{ne, S. 41025'26"
continuing along said City of-irvine go~ndary, a distance of ].30.00
feet, to an angle point in the existj-~g boundary of the City of Tustin,
as cstab].ished by the U. S. l-L~rine Corp-Irvine Annexation' No. 71-A,
per Resolution Nb. 71-79, passed and adopted DecemYoer 6, 1971, said
angle point being the most easterly corner of said annexation and a
point on the southv:ester]-y line of Block 44 of said Irvine's Subdivision;
'tq~ence, leavj.~g said City of IrvS. ne boundary, N. 49o20'32'' W.,
along said City of Tuskin boundary and a].ox,g saS_d southwesterly line,
a distance of 3480.15 feet, to an angle poi~t in said city boundary;
'~ence, ]eavi~g said southwesterly line, S. 40039'56'' W.,
centinhaling along said City of Tustin boundary, a distance of 92.72 feet
to an :~ng].e point therein, said angle being the ~nost easterly corner .
of the ]~-owning Avenue-Walnut Avenue Annexation, per Ordinance No. 404,
passed ;=nd adopted June 17 ].°6~ and a po~.nt on the southwesterly
right--or--~-:ay line of the Santa Ana Free~cay;
~"" W. continuing alon~ said City of
~un,.]:='~y ;:nd along :?;~5.d freev:av rig. i~t"-of-waY linP, a distance of
0. 60 f, et, to an ~mg]e point' in sn~d. City l~oun[Tn't-y, said angle point
_..inS a point on tl~'e so~tl~caster]-y li~e of the grox~ing Avenuc-Nisson
Road A=::-~,-->:;~tion r.lo. 60 (revi~jc.{~), per Reso].~tion No. 70--!7, passed and
3~ _ ] Ai-,-:yil "0, 1{370 n ~'nt on the ~ort]~westc'rly ]i'~:e of ]~].ock 45
ac]t i' L ,', .- - , , - '
of :~:~t .[rvi~e's SubdivS:~:iu;~ and a point on ti~e c_er=t:acl ino of Brov:n'i. ng
242
3%once, N. 40°1,2'53'~ E., n]on5 sz,~d city l~cnn-~dnry, a]ong said
n0rth~.',tsterly block line and along.said centerline, a distance Of 17.02
fc~t to the most easterly corner oZ last mentioned annexation;
~cncc, leavinz said City of ~stin boundary, continuing N. 40~42'53'
E., a]on~ said nort]~westerly block line and a]on~.~ said ccnterlj_ne, a
distance of 46.00 feet, to the point of beginning.
(3)
't'll~Lql'Z I't'~RTIO:C.q Ot.' T}II'Z t:OLI.O~'ING PROPERTY Old/NED BY TIlE 1RVINE COHPANY,
ON .~ANUARY 1, 1977:
2~3
l' .- - I.
IRVINEMYFORD ANNEXATION NO. 8
..
TO 'fl{E CI~Y OF TUSTIN, CALIFORNIA
-'. PASSED B ADOPTED BY RES. NO .... DATED_ ..
CITR'/IFt[TD [~Y TIlE SEC. OF THE STATE _~
244
STATE OF CALIFOFCNIA)
COUi<"i'~x' OF OF~v'.;GE ) SS
CITY OF TUSTI~] )
RUTH C. POE, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of members of the City Council
of the Cit.y of Tustin is five; that the above and foregoing
Ordinance No. 706 was duly and regularly introduced and
read at a regular meeting of the City Council held on the
10th day of January , 197,7 and was given its second
reading and duly' passed and"adopteO at a regular meeting
held on the 17th day of Januar~ 1977, by the
following vote:
AYES: COUNCILMEN: EDGAR, SHARP, SALTARELLI, WELSH, SCHUSTER
NOES: COUNCILMEN: NONE · '-
ABSENT: COUNCILMEN: NONE
~ity Clerk, ~ of Tusti'~, California
Publish Tustin News
January 27, 1977