Resolution Number 09-10-06-01RESOLUTION NO. 09-10-06-01
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 THE
RANCO MISSION VIEJO ANNEXATION OF APPROXIMATELY 132 ACRES
OF TERRITORY TO THE CITY OF SAN JUAN CAPISTRANO
WHEREAS the property owner and the City of San Juan Capistrano have filed a an
application for the annexation and coterminous sphere of influence of adjacent
approximately 132 acres of territory currently located in unincorporated Orange County;
and
WHEREAS, the proposed annexation is generally bounded to the north by Ortega
Highway, to the east by La Pata Avenue, to the west by the City of San Juan Capistrano
and to the south by the year 2008 annexed area know as RO 07-05, 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 City of San Juan Capistrano Environmental Administrator has
determined that further environmental evaluation is not required because:
(1) the activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. Where
it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to
CEQA" (Section 15061(b)(3)); and/or,
(2) the project is categorically exempt, Class 13, Acquisition of Lands for Wildlife
Conservation Purposes; Class 16, Transfer of Ownership of Land in Order to Create
Parks; Class 19, Annexations of Existing Facilities and Lots for Exempt Facilities;
and, Class 25, Transfers of Ownership of Interest in Land to Preserve Existing
Natural Conditions (Sections 15313, 15316, 15319, and 15325).
1 10-6-2009
WHEREAS, the County and City staffs have reached agreement . on a
recommendation, 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 Rancho Mission Viejo
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; and concurs with the Environmental Administrators CEQA determination.
PASSED, APPROVED AND ADOPTED this 6th day of October, 2009.
MARK NIELSEN, MA R
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed Acting City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 09-10-06-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 6th day
of October 2009, by the following vote:
AYES: CNCIL MEMBERS:
NOES. �UNCIL MEMBER:
ABS T: UNCIL MEMBER:
MARIA MORRIS. Actindg City Clerk
Allevato, Freese, Hribar, Uso and Mayor Nielsen
None
None
2 10-6-2009
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