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HomeMy WebLinkAboutS28 - Resolution Opposing Annexation of El Toro MCASAgenda Item s28 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER DATE: April 26, 1999 TO: Members of the Newport Beach City Council FROM: Peggy Ducey, Deputy City Manager SUBJECT: Resolution of the City of Newport Beach opposing the City of Irvine Annexation of El Toro MCAS and the Musick Jail BACKGROUND In January, the City of Irvine filed an initial application to annex El Toro MCAS into their city boundaries. In February, the Local Agency Formation Commission (LAFCO) notified Irvine that the application was incomplete, noting the absence of a number of critical components that are required for evaluation. To date, Irvine has not augmented their LAFCO application, however, they have proceeded with the Environmental Impact Report (EIR) required for the annexation. The EIR evaluates the impact of a scaled down Millennium Plan, as well as several alternatives. The draft EIR is now being circulated, and comments are due by mid -May. Irvine's annexation of the base could seriously compromise the reuse planning process that has been in place since 1994. If the annexation is successful, and they become the sole jurisdiction controlling the base, it is expected that the Irvine City Council would request to become the Local Reuse Authority (LRA) rather than the County. As the LRA, Irvine would then have sole discretion over the final Community Reuse Plan and the aviation planning that has occurred over the past few years would be seriously jeopardized. Under the Public Utilities Code (PUC), any airport land use decisions must be submitted to Irvine for approval, giving them significantly more control over whether an aviation use would prevail. Also if Irvine becomes the controlling jurisdiction, they would have responsibility for major infrastructure decisions, including streets and public utilities, that would ultimately affect airport operations. Two public agencies besides LAFCO have significant influence over the annexation process, the Department of Navy and the County of Orange. 1. The Department of Navy (DON): DON is the current landowner of the base. If more than 12 registered voters lived on the base, the annexation request WON NO would be submitted to voters for approval. Since the base is currently uninhabited, the landowner has sole discretion to approve or agree to the annexation. If the Navy were to oppose the annexation, the Irvine application would be automatically denied. 2. The County of Orange: The County has authority over the annexation through the negotiation of property tax revenues. The applying jurisdiction and the County must agree how to divide the property tax revenue, as well as other revenue such as sales tax and TOT. If agreement cannot be reached between Irvine and the County, then the annexation cannot move forward. However, there has been speculation that Irvine may agree to give up all the property tax for the ability to control the land use decisions at the base. The County has notified LAFCO that they cannot Initiate property tax negotiations until the City of Irvine LAFCO application is complete. It is critical that the affected agencies as well as the LAFCO Commissioners are aware of any opposition to Irvine's annexation application. On April 14*" the Orange County Regional Airport Authority (OCRAA) passed a resolution opposing the annexation. Each member city will consider the same resolution. Once action is taken, all affected local and federal agencies will be given a copy of the resolutions to convey the widespread opposition to Irvine's application. RECOMMENDATION Adopt a Resolution of the City of Newport Beach opposing the proposed City of Irvine annexation of El Toro MCAS and the Musick Jail. i4l..'a :. a..>cakirs RESOLUTION A RESOLUTION OF THE CITY OF NEWPORT BEACH EXPRESSING OPPOSITION TO THE PROPOSED CITY OF IRVINE ANNEXATION OF EL TORO MCAS AND THE MUSICK JAIL. WHEREAS, the City of Irvine has filed an application with the Local Agency Formation Commission (LAFCO) to annex El Toro MCAS and the Musick Jail; and WHEREAS, as a part of the annexation, the City of Irvine is proposing to adopt General Plan and Zoning designations for El Toro that do not support an aviation reuse and as such, are inconsistent with the Community Reuse Plan adopted by the Board of Supervisors of Orange County; and WHEREAS, the City of Irvine is instead advocating for the development of the so called "Millennium Plan" at El Toro MCAS and has prepared the environmental documentation to support such use; and WHEREAS, a successful annexation of El Toro MCAS by the City of Irvine would greatly jeopardize the planning process as defined by Measure A, could negate the previous planning activities over the past two years and seriously compromise the timely conveyance of the base into civilian control; and WHEREAS, a delay in conveyance and development could result in additional costs to taxpayers since the federal government would be responsible for maintaining the base until it is conveyed; and WHEREAS, the annexation as proposed by the City of Irvine for El Toro would ultimately deprive Orange County of the opportunity to serve the growing air transportation demand and ensure continued economic g rowth. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF NEWPORT BEACH opposes the application by the City of Irvine to annex El Toro MCAS and the Musick Jail. ADOPTED this ATTEST: CITY CLERK of 1999. Mayor Dennis D. O'Neil