HomeMy WebLinkAbout96-84 - Catalina Shore Drive AnnexationRESOLUTION NO. 9&-'34
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ANNEXING
TERRITORY DESIGNATED AS "CATALINA SHORE
DRIVE ANNEXATION" (1995-1996 ASSESSOR PARCEL
NUMBERS 426-171-05 AND 426-171-06) WITHOUT
HEARING OR ELECTION.
WHEREAS, a proposal for "Catalina Shore Drive Annexation" to the City of Costa Mesa
was approved on August 7, 1996, by the Local Agency Formation Commission (LAFCO) by
its Resolution No. 96-13, a copy of which is attached and made a part hereof; and
WHEREAS, the City of Costa Mesa has been designated as the conducting authority and
has been authorized to conduct annexation proceedings without notice and hearing, or election,
or both, in compliance with LAFCO Resolution No. 96-13 and Section 56112 of the Government
Code of the State of California; and
WHEREAS, the City Council of the City of Costa Mesa hereby declares and incorporates
by reference the findings contained in LAFCO Resolution No. 96-13, attached hereto
as Exhibit 1;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves
"Catalina Shore Drive Annexation" to the City of Costa Mesa, subject to the terms and
conditions contained in Exhibit 1.
PASSED AND ADOPTED this 3rd day of September, 1996.
ATTEST:
Deputy Ci Clerk of the City of Costa Mesa
Mayo f the City of Costa Mesa
A ROVED AS TO FORM
__l.: ?
CITY ATTORP-11[.Y
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 5F6 _ 84
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof
held on the 3rd day of September, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 4th day of September, 1996.
i
Deputy Cit Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
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EXHIBIT 1
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
OF ORANGE COUNTY, CALIFORNIA
August 7, 1996
On motion of Commissioner Anthony, duly seconded and carried, the following
resolution was adopted:
WHEREAS, the proposed annexation designated as "Catalina Shore Drive Annexation"
to the City of Costa Mesa (CA96-03) was heretofore filed by petition of the property owner and
accepted for filing on July 3, 1996 by the Executive Officer of this Local Agency Formation
Commission pursuant to Title 5, Division 3, commencing with Section 56000 et seq of the
Government Code; and
WHEREAS, the Executive Officer, pursuant to Government Code Section 56838 set
August 7, 1996 as the hearing date of this proposal; and
WHEREAS, the Executive Officer, pursuant to Government Code Section 56833 has
reviewed this proposal and prepared a report including her recommendation thereon, and has
furnished a copy of this report to each person entitled to a copy; and
WHEREAS, this Commission on August 7, 1996 considered the proposal and the report
of the Executive Officer, and considered the factors determined by the Commission to be
relevant to this proposal, including, but not limited to, factors specified in Government Code
Section 56841; and at the hearing this Commission heard and received all oral and written
protests, objections, and evidence which were made, presented or filed, and all persons present
were given an opportunity to hear and be heard with respect to this proposal and the report of the
Executive Officer; and
WHEREAS, the Commission finds, in accordance with the Executive Officer's
determination, that the Negative Declaration submitted be adopted as it indicates that although
the project could have a significant effect on the environment, there will not be a significant
effect in this case because the mitigation measures described in the City's Negative Declaration
have been added to the project.
NOW, THEREFORE, the Local Agency Formation Commission of the County of Orange
DOES HEREBY RESOLVE, DETERMINE and ORDER as follows:
Section 1. The proposal is approved subject to the following terms and
conditions:
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Resolution No. 96-13
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a) The Orange County Flood Control District (OCFCD) shall
retain ownership of and maintenance responsibility for
those regional flood control facilities for which OCFCD
has right-of-way either in fee or an easement for flood
control purposes.
b) The City shall coordinate all development adjacent to
existing and planned OCFCD facilities by submitting plans
and specifications to OCFCD for review to ensure that
necessary flood control right-of-way and improvements are
provided. Such improvements shall comply with OCFCD
standards and engineering criteria.
C) The City shall be responsible for flood plain zoning and
administrating the Federal Emergency Management
Agency's regulations within the City's boundaries.
d) The City shall adopt a resolution making all public streets
city streets pursuant to Streets and Highway Code Section
1806 at the first City Council meeting following the
effective date of the annexation.
e) Payment of State Board of Equalization fees and County
Clerk filing fees.
f) The applicant agrees to defend, hold harmless and
indemnify LAFCO and/or its agents, officers and
employees from any claim, action or proceeding against
LAFCO and/or its agents, officers and employees to attack,
set aside, void or annul the approval of LAFCO concerning
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this proposal or any action relating to or arising out of such
approval when such action is brought within the applicable
statute of limitations.
Section 2. Adopt the form of resolution approving the "Catalina Shore Drive
Annexation" to the City of Costa Mesa (CA96-03), designating the
City of Costa Mesa as the conducting authority, and authorizing the
City of Costa Mesa to conduct proceedings in compliance with this
resolution. Approval is subject to payment of State Board of
Equalization fees and County Clerk filing fees.
Section 3. Certify that the Commission has reviewed and considered the
information contained in the Negative Declaration prepared by the
City of Costa Mesa.
Section 4. The boundaries of the territory proposed to be annexed to the City
of Costa Mesa are specifically described in the legal description
attached hereto and by this reference made a part hereof.
Section 5. The annexation territory includes approximately 2.77 acres of
unincorporated territory and is found to be uninhabited and is
assigned the following distinctive short -form designation:
"Catalina Shore Drive Annexation" to the City of Costa Mesa.
Section 6. The Board of Supervisors determined that exchange of property tax
revenues will occur according to the Master Property Tax Transfer
Agreement adopted between the County of Orange and the City of
Costa Mesa on December 2, 1980. As a result of the "Catalina
Shore Drive Annexation" to the City of Costa Mesa, the City shall
Resolution No. 96-13
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retain approximately 50.9 percent of the property tax and the
County shall retain 49.1 percent.
Section 7. The Executive Officer is hereby authorized and directed to mail
certified copies of this resolution as provided in Section 56853 of
the Government Code.
AYES: COMMISSIONERS PHILIP ANTHONY, RANDAL BRESSETTE,
DAVID BORAN, WILLIAM STEINER, JAMES
SILVA, JAMES FLORA AND JOHN B.
WITHERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS ROBERT HUNTLEY
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, DANA M. SMITH, Executive Officer of the Local Agency Formation Commission of
Orange County, California, hereby certify that the above and foregoing resolution was duly and
regularly adopted by said Commission at a regular meeting thereof, held on the 7th day of
August, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of August, 1996.
Certified As
Original
Resolution No. 96-13
DANA M. SMITH
Executive Officer of the
Local Agency Formation Commission
�f
By:��G%�/
Commi on Clerk
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Block 5449
Module 18
ANNEXATION NO. CA 96-03 TO THE CITY OF COSTA MESA
EXHIBIT 'A'
Page 1 of 2
That portion of Lot 276 of Newport Heights in the unincorporated
territory of the County of Orange, State of California, as shown
on a map thereof recorded in Book 4, page 83 of Miscellaneous
Maps, records of Orange County, described as follows:
Beginning at an angle point in the existing boundary of the City
of Costa Mesa as described in Kaiser No. 1 Annexation to said
City, said point being the northeasterly terminus of that course
described as "South 400 West, 165.08 feet" in said Annexation;
thence along the existing boundary of said City as described in
said Annexation the following courses: S 40000'00" W 165.08
feet; S 50000'00" E 100.00 feet; S 40000'00" W 165.07 feet; S
50000'00" E 357.00 feet to a point in the existing boundary of
the City of Newport Beach as described in Moden Annexation
Boundary No. 59 to said City, said point being the southwesterly
terminus of that course described as "N 39059'40" E 690.42 feet"
in said Annexation; thence departing said existing boundary of
said City of Costa Mesa along the existing boundary of said City
of Newport Beach as described in said Moden Annexation No. 59 N
40000'00" E 265.15 feet to a point on the southeasterly
prolongation of the southwesterly line of the northeasterly 65.00
feet of said Lot 276; thence departing said existing boundary of
said City of Newport Beach northwesterly along said southeasterly
prolongation and said southwesterly line N 50000'00" W 210.00
feet to a point on the northwesterly line of the southeasterly
180.00 feet of said Lot; thence along said northwesterly line N
40000'00" E 65.00 feet to the northeasterly line of said Lot;
thence along said northeasterly line N 50000'00" W 247.00 feet to
the point of beginning.
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ANNEXATION NO. CA 96-03 TO THE CITY OF COSTA MESA
Page 2 of 2
The above described parcel of land contains 2.77 acres.
Attached and made a part of is a map designated Exhibit "B".
oQRpFESSIO" .. `
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EXP 12/31/96
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Prepared by
ROBIN B. HAMERS & ASSOCIATES, INC.
234 E. 17th Street, Suite 205
Costa Mesa, CA 92627
(714) 548-1192
Robin B. Hamers R.C.E. 31720
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No.1858BY
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This proposal does meet the
approval of the Orange
County Surveyor's office for
John Canas, County Surveyor
Dated this 25W' day of 6,j_1996
By " , &
Michael B. Emmons, P.L.S. 5899
Deputy County Surveyor
Nay License Expires 12/31/96
BLOCK 5449
MODULE 18
ANo,iEXATION NO. CA 96-03
TO THE CITY OF COSTA MESA
EXHIBIT "B"
LEGEND
EXISTING CITY BOUNDARIES
—.ANNEXATION BOUNDARY
R1 - INDICATES RECORD BEARING 8 DISTANCE PER KAISER NO. 1 ANNEX.
TO THE CITY OF COSTA MESA.
R2 - INDICATES RECORD BEARING PER MODEN ANNEX BOUNDARY NO. 59
TO THE CITY OF NEWPORT BEACH.
ia-- EXIST. BOUNDARY OF THE CITY OF COSTA MESA
AS DESCRIBED IN THE KAISER' NO. 1
ANNEXATION TO THE CITY OF COSTA MESA,
ORD. NO. 398, ADOPTED NOV. 16, 1961
a2 -- EXIST. BOUNDARY OF THE CITY OF NEWPORT BEACH
AS DESCRIBED IN THE MODEN ANNEX. 59
TO THE CITY OF NEWPORT BEACH I
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PREPARED BY:
ROBIN B. HAMERS 8 ASSOC., INC.
CIVIL ENGINEERS
234 E. 17TH STREET, SUITE 205
COSTA MESA, CA 92627
(714) 548-1192
4tAgb
ROBIN . HAMERS R.C.E. 31720 DATE
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THIS PROPOSAL DOES MEET
THE APPROVAL OF THE ORANGE
COUNTY SURVEYOR'S OFFICE FOR
JOHN CANAS,9�CkO�UNTY SURVEYOR
DATED THIS DAY OF1996
B Y: as
MICHAEL B. EMMONS, P.L.S. 5899
DEPUTY COUNTY SURVEYOR
MY LICENSE EXPIRES 12/31/96