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Home My WebLink About98-50 - Approving the reorganization and annexation to the City of Costa Mesa designated Olympic Avenue R097-201 1 1 RESOLUTION NO. 98-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND ORDERING THE REORGANIZATION AND ANNEXATION TO THE CITY OF COSTA MESA KNOWN AND DESIGNATED AS OLYMPIC AVENUE RO 97-20. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Local Agency Formation Commission (LAFCO) of Orange County, California, adopted Resolution No. RO 97-20 on April 8, 1998, approving the annexation of territory designated Olympic Avenue Reorganization No. 97-20, described in Exhibit 1 attached hereto, and by reference incorporated herein, and authorizing the City of Costa Mesa to annex said territory subject to certain terms and conditions; and WHEREAS, the terms and conditions of the annexation as approved by LAFCO are set forth in LAFCO Resolution No. RO 97-20 (Exhibit 1) which is by reference incorporated herein; and WHEREAS, the City Clerk of the City of Costa Mesa had a notice of public hearing published which appeared in a newspaper of general circulation on Wednesday, May 13, 1998; and WHEREAS, a public hearing on said annexation was called and held by the City Council on June 1, 1998, and it was determined that the value of written protests filed and not withdrawn is less than 25 percent of the registered voters residing within the territory proposed to be annexed, and less than 25 percent of the assessed value within the territory proposed to be annexed; NOW, THEREFORE, BE IT RESOLVED that the Costa Mesa City Council does hereby resolve, declare, determine, and order the Olympic Avenue Reorganization No. 97-20, described in Exhibit 1, to be annexed to the City of Costa Mesa subject to the terms and conditions of the annexation as approved by LAFCO, and directs the City Clerk to transmit a certified copy of this resolution to the Executive Officer of the Local Agency Formation Commission (LAFCO) of Orange County. PASSED AND ADOPTED this ATTEST: 1 st day of June, 1998. Mayor of the City of 5& Mesa ?"L'� T -- Deputy Deputy City Cle of the City of Costa Mesa 3'71 3'72 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. 98-50 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 1st day of June, 1998, by the following roll call vote: AYES: Buffa, Monahan, Erickson, Cowan, Somers NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of June, 1998. � -r. q --Q S=A=6-= Deputy Cit Clerk and ex -officio Clerk of the City C ncil of the City of Costa Mesa 1 1 EXHIBIT_ 1 RO 97-20 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY, CALIFORNIA MAKING DETERMINATIONS AND APPROVING THE OLYMPIC AVENUE REORGANIZATION - ANNEXATIONS TO THE CITY OF COSTA MESA AND THE CITY OF IRVINE April 8, 1998 On motion of Commissioner Smith, duly seconded and carried, the following resolution was adopted: WHEREAS, application for the proposed annexation of approximately 77 acres to the City of Costa Vlesa and the proposed annexation of approximately 3 acres to the City of Irvine, designated as the Olympic Avenue Reorganization (R097-20), in the Count- of Orange was heretofore filed with and accepted for filing on Nlarch 31, 1998 by the Executive Officer of this Local Agency Formation Commission pursuant to Title ;. Division 3, commencing with Section 56000 et seq of the Government Code, and WHEREAS, the Executive Officer, pursuant to Government Code Section 56838 set April 8, 1998 as the hearinv 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 April 8, 1998 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 WHEREAS, this Commission called for and held a public hearing on the proposal on April 8, 1998, 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 Executive Officer determined this proposal is exempt from CEQA under section 15319 of the State CEQA guidelines. NOW, THEREFORE, the Local Agency Formation Commission of the County of Orange DOES Resolution No. RO 97-20 I� Exhibit 1 Resolution No. 98-50 Page 1 of 3 3'73 3'74 HEREBY RESOLVE, DETERMINE and ORDER as follows: Section 1. The proposal is approved subject to the following terms and conditions. a) Payment of the State Board of Equalization fees. b) 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 this proposal or any action relating to or arising out of such approval when such action is brought within the applicable statute of limitations. C) Prior to recordation, receipt by LAFCO of a signed agreement between the County of Orange and the City of Irvine relating to maintenance responsibilities and costs for the Red Hill overcrossing. d) Upon annexation of the respective parcels to the Cities of Costa Mesa and Irvine, all richt, title and interest of the County, including the underlying fee where owned in any and all storm drains, trails, landscaped areas, street lights, signals, open space, local parks and bridges shall vest in the annexing city; except where specifically exempted by a condition of LAFCO or where a facility is identified as a regional facility on a adopted plan of regional facilities. Each City shall assume ownership and maintenance responsibilities upon recordation. e) Prior to recordation the Cities of Costa Mesa and Irvine shall agree to participate in the Foothill/Eastem Transportation Corridor and/or the San Joaquin Hills Transportation Corridor Fee Programs including collecting fees as required by the fee programs and depositing such fees together with earned interest on a quarterly basis with the Transportation Corridor Authority or the County, as applicable. fJ Prior to recordation each City shall adopt a resolution making all public streets city streets pursuant to Streets and Highway Code Section 1806 and shall forward the resolutions to LAFCO. Section 2. The effective date shall be the date of recordation. Section 3. Said territory includes approximately 80 acres and is found to be inhabited. Said territory is found to be in the County of Orange and is assigned the following Resolution No. RO 97-20 2 Exhibit 1 Resolution No. 98-50 Page 2 of 3 1 1 distinctive short -form designation: "Olympic Avenue Reorganization" (R097-20). Section 4. The City Council of the City of Costa Mesa is designated as the conducting authority and is hereby directed to conduct further proceedings pursuant to Government Code Sections 56839 (a) and 57081, and in compliance with this resolution. Section 5. 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: WITHERS, STEINER, I -LA MAN, HUNTLEY, AND BORAN, CHAIR BRESSETTE AND VICE -CHAIR SMITH NOES: NONE 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 8' day of April, 1998. IN WITNESS WHEREOF, I have hereunto set my hand this 8' day of April, 1998. DANA M. SMITH Executive Officer of the Local Agency Formation Commission By:(;Oe Dana M. Smith F: V-4FCOUZ097-201Reso(ueon. wpd Resolution No. RO 97-20 3 Exhibit 1 Resolution No. 98-50 Page 3of3 - 375