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HomeMy WebLinkAbout2012-112 - Property Tax Exchange Agreement with County of Orange Regarding Emerson Island Annexation (PA2012-034)RESOLUTION NO. 2012- 112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE REGARDING THE EMERSON ISLAND ANNEXATION TO THE CITY OF NEWPORT BEACH (PA2012 -034) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The City of Newport Beach ("City") has filed an application with the Orange County Local Agency Formation Commission to annex 1.88 acres of unincorporated territory referred to as the Emerson Island, which is located in the northwest portion of the City and generally bordered by Tustin Avenue to the west, Emerson Street to the south. 2. 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. 3. Orange County and City staff have reached agreement, subject to Board 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 51.9378 percent and the County shall receive 48,0622 percent of the County's share of the 1 percent basic levy property tax generated within the area to be annexed, pursuant to Master Property Tax Transfer Agreement 80 -1973. 4. The City shall receive 100 percent of the Structural Fire Fund and of the Library Fund generated from the proposed annexation area. 5. The County staff and the City staff desire to have the same adopted and approved by their respective governing bodies. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study /Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. City Council Resolution No. 2012 -112 Page 2 2. The Negative Declaration was circulated for a 30 -day comment period beginning on July 19, 2003, and ending on August 18, 2003. The contents of the environmental document and comments on the document were considered by the Planning Commission on November 20, 2003. 3. The City Council considered the Initial Study and Negative Declaration of the environmental impact for the project, and determined that the document adequately addresses the potential environmental effects of the proposed project. 4. The City Council adopted the Negative Declaration on January 13, 2004, with Resolution No. 2004 -5. 5. On the basis of the entire environmental review record, the proposed project will not have a significant effect upon the environment, and there are no known substantial adverse effects on human beings that would be caused. 6. Pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and Public Resources Code Section 21166 (Subsequent or supplemental impact report; conditions), notwithstanding the passage of time since the City Council adopted the negative declaration on January 13, 2004, no subsequent or supplemental environmental document is required because there have been no substantial changes to the project, no substantial changes to the circumstances, or any new information of substantial importance. 7. The document and all materials, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 3300 Newport Boulevard, Newport Beach, California. SECTION 3. DECISION NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby approve the property tax exchange agreement reached between the City of Newport Beach and the County of Orange, whereby, upon completion of the annexation of the Emerson Islands to the City of Newport Beach, City shall receive 51.9378 percent and the County of Orange shall receive 48.0622 percent of the County's share of the 1 percent basic levy of property tax from the annexed area pursuant to Master Property Tax Transfer Agreement 80 -1973. 2. The City of Newport Beach will receive 100 percent of both the Structural Fire Fund and the Library Fund generated in the annexed area upon annexation. City Council Resolution No. 2012 -112 Page 3 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 27t" day of November, 2012. ATTEST: Leilani 1. Brown, City Clerk CE STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2012 -112 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27`h day of November, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Curry, Selich, Henn, Daigle, Mayor Gardner Absent: Rosansky IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28`h day of November, 2012. City Clerk Newport Beach, California (Seal)