Resolution Number 05-07-05-02RESOLUTION NO. 05-07-05-0 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A PROPERTY TAX
EXCHANGE AGREEMENT BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE COUNTY OF ORANGE WITH REGARD TO
PHASE ONE OF THE WHISPERING HILLS REORGANIZATION,
ANNEXING 22 ACRES OF TERRITORY TO THE CITY OF SAN JUAN
CAPISTRANO (LAFCO RO 04-10)
WHEREAS Whispering Hills, LLC, 19700 Fairchild Road, Suite 120, Irvine, CA
92612, has filed a landowner petition with the Local Agency Formation Commission for
the reorganization of the County of Orange and the City of San Juan Capistrano
boundaries affecting approximately 22 acres of territory currently located in
unincorporated Orange County; and
WHEREAS, the landowner petition also proposes to amend the City of San Juan
Capistrano Sphere of Influence to include approximately 22 acres of uninhabited
territory currently in unincorporated Orange County, to amend the Santa Margarita
Water District Sphere of Influence to detach the 22 acres, and to annex the
approximately 22 acres of unincorporated territory into the City of San Juan Capistrano;
and
WHEREAS, the proposed reorganization is generally bounded to the east by La
Pata Avenue and the unincorporated Rancho Mission Viejo area, to the west by the City
of San Juan Capistrano and to the south by the Prima Deschecha Landfill, as shown on
Exhibit "A", attached hereto; 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 following the addition to a city of previously unincorporated
territory; and
WHEREAS, the library fund and the structural fire fund will remain unchanged
since the City of San Juan Capistrano is a structural fire fund city and a member of the
Orange County Public Library system; and
WHEREAS, the County and City staffs have reached agreement, subject to
Board of Supervisors and City Council approval, regarding the exchange of property tax
as a result of the annexation of the unincorporated territory by the City, whereby upon
annexation by the City, the City shall receive 43.8931% of the property tax and the
County shall receive 56.1069% of the County's share of the 1% basic levy of property
tax generated within the area to be annexed, pursuant to Master Property Tax Transfer
Agreement 80-2092.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano does hereby approve the property tax exchange agreement reached
between the City of San Juan Capistrano and the County of Orange, whereby, upon
completion of the reorganization and annexation of the Whispering Hills unincorporated
area to the City of San Juan Capistrano, City shall receive 43.8931% and the County of
Orange shall receive 56.1069% of the County's share of the 1 % basic levy of property
tax from the annexed area pursuant to Master Property Tax Transfer Agreement 80-
2092.
PASSED, APPROVED AND ADOPTED this 5th day of July, 2005.
YATT HART, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 05-07-05-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5'" day of
July 2005, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, & Mayor Hart
NOES: COUNCIL MEMBER: None
SENT: CO N7 MEMBER: None
AR ARET R. MONAHAN, City Clerk
EXHIBIT A: ANNEXATION AREA SUBJECT TO PROPERTY TAX
EXCHANGE AGREEMENT, DESIGNATED AS "ANNEXATION PHASE V
4
cwt
I
r
-� ANNEXATION -
_ PHASE 1
i
-
�
n. t
it,��it
i
i!
11
Ihti
�
i
i!