Loading...
HomeMy WebLinkAbout14 - Newport Coast & Ridge - Santa Ana Heights - Bay Knolls ReorganizationITEM 14 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Deputy City Manager SUBJECT: Public Hearing on the Adoption of Resolution of Application Requesting Initiation of Proceedings to Reorganize Territory (Newport Coast & Ridge/Santa Ana Heights/Bay Knolls) and Rescinding Resolution 99 -71 ACTIONS: 1- Hold public hearing. 2 —Adopt Resolution 2000 -_ to rescind Resolution 99 -71 and adopt anew Resolution of Application requesting LAFCO's initiation of proceedings to reorganize the territory known as Bay Knolls, Santa Ana Heights, and Newport Coast and Newport Ridge. SUMMARY: A public hearing and the adoption of a Resolution of Application allows the City to file a reorganization application with the Local Agency Formation Commission (LAFCO) that would lead to the eventual: • Annexation of the unincorporated areas known as Bay Knolls, Santa Ana Heights (east of Irvine Avenue), and Newport Coast and Newport Ridge to the City; • Detachment of certain areas of Bay Knolls from the City of Costa Mesa; The proposed action would rescind and replace Resolution 99 -71 (adopted by the Council on October 25,1999) and is the first step in the reorganization process as outlined in California Law (Government Code §56000 et seq.). A new resolution is required because the City has made the following changes to the proposed Reorganization outlined in Resolution 99 -71: • Proposed the retention of the Irvine Ranch Water District as the provider of water, wastewater, and reclaimed water in the Newport Coast and Ridge; • Added the coastal portion of Crystal Cove State Park (within the City s Sphere of Influence) to the proposed Resolution; and • Made minor, non - substantive modifications to the reorganization areas based on the completion of the metes and bounds for each of the three areas. BACKGROUND Please refer to the October 25, 1999 and September 12, 2000 Staff Reports on this matter (available on the Internet at www.ci.newport- beach.ca.us and the City Clerk's Office) for additional background and color maps that address each of the three annexation areas. Newport Beach City Council Page 2 WHATSNEW- The following information is provided as an update to the City Council, city residents, and residents of the affected organization areas since the Council last heard this matter on September 12, 2000: • Newport Coast. As the Council is aware, various Council members and various members of the City staff have met over a period of 21/2 years with up to seven members of the Newport Coast Committee of 2000 (NCC2K). NCC2K's annexation team consists of representatives of Newport Coast -area homeowners associations, including the Newport Coast Master Association. We are close to an agreement on annexation terms with the NCC2K - close enough to bring this matter back before the Council for refinement of special "Terms and Conditions" as outlined in draft form in Exhibit C of this document. Late - but minor - modifications to these draft Terms and Conditions are anticipated prior to Tuesday's meeting and will be discussed as a part of the Staff presentation on Tuesday evening. The major difference between the Terms and Conditions presented at the City Council's September 12, 2000 meeting and the draft Terms and Conditions attached in Exhibit C of this report is the more formal designation of the NCC2K as an integral part of the proposed Newport Coast Advisory Committee (NCAC), a committee that will advise the City on the distribution of infrastructure buyback funds and in the development of a Newport Coast Civic Center. Staff believes that this more formal designation is fully appropriate given the complex nature of the items that the NCAC will address prior to and after annexation. • Santa Ana Heights. Santa Ana Heights (SAH) - a community of commercial, residential, residential/ equestrian, and John Wayne Airport (JWA) impacted areas - is viewed by the City Council as a valuable addition to Newport Beach. But its number of pre- Proposition 13 assessed values and its status as a redevelopment project area will limit SAH's property tax contributions through at least 2035. PAC Views. Some Santa Ana Heights residents and business owners - acting in their capacity as the redevelopment area's Project Area Advisory Committee (PAC) - have asked that the City address seven issues prior to annexation. They include: Opportunities to "partner" with the City to limit any expansion of JWA. - A promise that the City would not hike property taxes or apply a special assessment district to Santa Ana Heights. The City's affirmation of the Santa Ana Heights Specific Plan. Keeping the PAC as a "functioning community organization." A retention of the same response times for fire and emergency medical services as provided today by the Orange County Fire Authority (OCFA). Services equal to those provided to Newport Beach "at no additional costs." Early discussions with City staff regarding ongoing maintenance of projects outlined within the Specific Plan. Page 3 City staff believes that these issues should be discussed within the reorganization process, especially after the City and the County complete a property tax sharing agreement for all three areas under the proposed reorganization. However, we can make it clear today that our full intention is to annex Santa Ana Heights while: — Working together to preserve and extend the 1985 JWA Settlement Agreement. — Not raising taxes or applying a special assessment district to Santa Ana Heights. Affirming the Specific Plan (your City Council did this on August 29, 2000), including actively communicating with SAH about the maintenance of any and all municipal services or projects in the Specific Plan. — Working with any SAH -based community organization, including the PAC, just as we do today with Newport Beach -area homeowners associations. — Retaining or improving fire and emergency medical response times. Providing the same scope of quality municipal services to Santa Ana Heights as we do to Newport Beach today except refuse collection paid for via property taxes. West Santa Ana Heights. A second issue of note beyond the SAH PAC's request is a concurrent annexation filing by residents within West Santa Ana Heights (west of Irvine Avenue, north of Mesa, South of the Santa Ana/ Delhi Channel, and East of Santa Ana Avenue). The City has not taken a formal position on adding this area to the City's reorganization application, but we have met several times with West SAH proponents. At the time of the City's LAFCO hearing, LAFCO may refer to the concurrent filing and recommend that the City add West Santa Ana Heights to our application. A LAFCO action to this effect may require later direction by your City Council. • Bay Knolls. No new issues have arisen relating to Bay Knolls since the Council's October 1999 action. We have received several calls from persons in the Costa Mesa Sphere of Influence inquiring as to whether or not the City would be interested in adding their street or neighborhood to the City's application, but we have not offered to change the proposed map and legal description of this area. Conclusion. If the Council adopts the Resolution of Application, we will move forward and complete our annexation application with an anticipated filing with Orange County LAFCO (see Exhibit D for a full description of the LAFCO process) shortly thereafter. At the same time, we will work promptly to inform the residents of Newport Beach and of the annexation areas as to the advantages and disadvantages of this reorganization. It is important to note that this reorganization is one of the largest and most complex in the City's history. It involves a multitude of regulatory agencies and service providers as well as a resident base that is understandably cautious about any change in the structure of their local government. The Council, the City's residents, and the communities within the reorganization areas have our assurance that this process will be pursued in the most open and communicative manner possible, allowing appropriate input and comment by all parties affected by this action. Page 4 EXHIBITS: Exhibit A: Map of Proposed Reorganization Areas (refer to 9/12 Staff Report) Exhibit B: Proposed Plan of Service for Reorganization Areas (refer to 9/12 Staff Report) Exhibit C: Proposed LAFCO Terms and Conditions for Newport Coast /Ridge Exhibit D: Summary of LAFCO Process Exhibit E: Resolution 2000 -_ Rescinding Resolution 99 -71 and Resolution of Application to Initiate Proceedings to Reorganize Territory (refer to 9/12 Staff Report for copies of color maps that serve as separate exhibits to Resolution 2000 -_). Page 5 Exhibit C NEWPORT COAST REORGANIZATION TERMS AND CONDITIONS Draft Form as revised September 12, 2000 1 — Newport Coast Advisory Committee. At the date of the Conducting Authority hearing on the Newport Coast and Newport Ridge ( "NEWPORT COAST') reorganization ( "REORGANIZATION #00 -_ "), the City of Newport Beach ( "CITY") shall establish the Newport Coast Advisory Committee ( "NCAC "). The NCAC shall consist of seven (7) members, four (4) of whom shall be appointed by the Newport Coast Committee of 2000 (or a subsequent body so designated by the Newport Coast Master HOA) and three (3) of whom shall be appointed by the City Manager after consultation by the City Council. Should Reorganization #00 -_ not be certified by LAFCO, the City shall disband the NCAC. 2 — Infrastructure Buyback. City will partially reimburse owners of improved residential lots in Newport Coast by purchasing specific municipal infrastructure facilities funded through County Assessment Districts in the Newport Coast. Upon receipt of first payment from January 24, 2000 Settlement Agreement ( "SETTLEMENT AGREEMENT') between IRWD and City, City will segregate $1,200,000 in separate interest - bearing account. City shall apportion and pay the First Buyback Payment ( "FIRST BUYBACK PAYMENT') at a time and in a legal manner of apportionment to be determined by the Newport Coast Advisory Committee after consultation with the City Attorney. First Buyback Payment shall equal $1,200,000 plus interest between date of segregation and date of expenditure. On the first anniversary of the First Buyback Payment and each year thereafter for thirteen (13) additional consecutive years, City shall pay thirteen (13) separate "Secondary Buyback Payments" of exactly $1,200,000 in a manner of apportionment similar to the apportionment of the First Buyback Payment. Revenue from the First Buyback Payment and any Secondary Buyback Payment shall only be apportioned to owners of improved residential lots. 3 -- Expert Review of ADs #88 -1 and #92 -1. City will hire and/or direct in -house staff to diligently examine documents associated with County Assessment Districts #88 -1 and #92 -1 and to resolve outstanding issues regarding these Districts to a satisfactory conclusion within 12 months of certification of Reorganization #00- _. Examination effort shall be overseen by the City Council and the NCAC. 4 -- Civic Center. City shall allocate up to the entirety of a $7 million Newport Coast Civic Center Account ( "CIVIC CENTER ACCOUNT') for a Civic Center in the Newport Coast not to exceed 22,000 square feet. Center's primary location shall be adjacent to or within Newport Ridge Park depending upon community input. An alternative site may be at the top of Ridge Park Road (within new park not yet constructed). Upon formation of NCAC, City shall make funds available immediately for planning and design, with construction anticipated in FY 2002 -03. NCAC shall direct and approve final design of Center as long as design does not impair City's ability to operate and maintain Center. Center may contain gym, library, meeting rooms, ancillary rooms. Center shall be a City -owned and operated asset with a Newport Coast resident -based reservation preference system developed by the NCAC. Preference system shall not allow arbitrary cancellation of properly - scheduled events. If by June 2003, the Civic Center has not been planned and the City Council after consultation with the NCAC deems that the Center is not wanted by the Newport Coast Community, revenue remaining in the Civic Center Account shall be added to the Infrastructure Buyback provisions of Condition #2 and shall be returned over a period of three (3) years between June 2003 and June 2006. 5 -- Remainder of Account. If Civic Center is constructed and revenue remains in the Civic Center Account, such revenue shall be added to the Infrastructure Buyback provisions of Condition #2 and shall be returned to owners of improved residential lots within six (6) months of issuance of Certificate of Occupancy for Civic Center. Page 6 6 -- One Council District. Upon effective date of reorganization, City shall draw Council boundaries after reorganization such that Newport Coast is placed within a single City Council district upon reorganization through the first regularly scheduled City Council election (November 2002) following reorganization. 7 -- Retention of IRWD. City agrees to retain IRWD as the Newport Coast's provider of water, sewer, and reclaimed water service. City shall enforce and follow the terms of the Settlement Agreement as it relates to rate protection and IRWD's Improvement District levies ( #140/240 and #160/260). 8 — Fire and Emergency Medical Services. Upon effective date of reorganization, City shall provide the identical Fire and EMS service to the Newport Coast that it provides to the remainder of the City. Such service shall include the placement of a Paramedic Assessment Unit at the Newport Coast Fire Station (Station #52) immediately following City's takeover of services. 9 — Law Enforcement Services. Upon effective date of reorganization, City shall provide the identical law enforcement services to the Newport Coast that it provides to the remainder of the City. City shall, upon consultation with the NCAC, provide specific on -site but temporary law enforcement services to the Coast as requested, using facilities at the civic center or fire department for events such as crime prevention presentations, fingerprinting small children, signing up alarm accounts, distributing material and more. 10 — Public and Private Parks. Not more than two months after the formation of the NCAC, the NCAC shall determine which park facilities shall remain "private" and administered and maintained by Newport Coast HOAs. Upon receipt of this determination from the NCAC, City shall accept any Irrevocable Offer of Dedication associated with all Newport Coast parks and, where portions of such parks shall remain private, shall lease back private portions to area HOAs in a manner acceptable to the City Attorney. City shall offer these leases for the longest feasible term at $1 per year. Leases shall assign all liability obligations to Lessees (HOAs). City or its contractor shall maintain public portions of parks to highest City standards. 11 — Public Common Areas, Slopes, and Medians. Prior to issuance of LAFCO's Certificate of Completion for Reorganization #00 -_, City, County, and NCAC shall determine which slopes, medians, and common areas outside of gated communities shall be the City's obligation to maintain. City shall maintain these areas to City's highest standards. 12 — Curbside Residential Refuse Collection. Upon effective date of annexation, City will pay for curbside residential trash collection (but not for collection from commercial, hotel, timeshare, or multi - family uses) for as long as similar refuse collection is provided "free" to residences in Newport Beach's pre -1996 city boundaries. Any future change to Measure Q (1996) that directs all residents to pay for trash collection City- wide shall apply to the Newport Coast as well, thus nullifying "free" refuse collection per this Condition. 13 -- Aviation Committee Appointment. Upon certification of reorganization, City Council shall appoint one or more Newport Coast representatives to the City's Aviation Committee. 14 -- SCE Encouragement. Upon certification of reorganization, City shall use its "best efforts" to encourage Southern California Edison to bury underground power lines (TBD) in the Newport Coast. City of Newport Beach T Gives voluntary notice to affected entities of public hearing on reorganization T At noticed public herding, adopts Resolution of Application to Initiate Reorganization, prepares IAFCO Application, Metes and Bounds, Enwranmen- tal Documentation and Plan of Service. Negotiates Tax Exchange Agreements City Council Adopts Tax Exchange Agreement Notices Public Hearing in Newspaper at least 15 days prior to hearing. T Holds Public Hearing at City Hall to measure protest. Exhibit D Summary of LAFCO Reorganization Process A Graphical Description ® CounfY of Orenge If less than 25% protest, adopts Resolution ordering reorganization. If between 25% and 49% 'protest, schedule an election for registered voters within the reorganization area. If Question passes, adopts Resolution ordering reorganization. City begins providing services as of the effective date of the reorganization. Auditor LbnbOOerand AssessOrcakutafe amount Ofpmpertytax affextedbypmposed annexadon, Wafy other affecMdagzwies. Negotiate Tair EVChange Agnr—nls BoardofSWFaisais Adopts T"&;:Y1ange Ag—ea Co ,*Azcader mcews lertigcate W Compfehbn fmm tAFCO Ass r aid AUditOry Contnokrre ,W Siatem ntcl8 ndaly Change Page 7 ...................................................... Residents In Ares to be Reorganized May rile written protest against the reorganization up and the close of the Cdys hearing May vote on the Question 'shall (area) be annexed to the City of Newport Beach ?" Residents begin receiving services from City of Newport Beach. Page 8 Exhibit E RESOLUTION NO. 2000- A RESOLUTION RESCINDING RESOLUTION 99 -71 AND A RESOLUTION OF APPLICATION REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY WHEREAS, the City of Newport Beach desires to initiate proceedings pursuant to the Cortese -Knox Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, for a reorganization which would concurrently: (1) Annex territory to the City of Newport Beach; and (2) Detach territory from the City of Costa Mesa; WHEREAS, this reorganization shall be known as the "Newport Coast /Bay Knolls /Santa Ana Heights Annexation' and include three distinct "areas" that shall be known as follows: Area A - Bay Knolls Area B - Santa Ana Heights Area C - Newport Coast and Ridge WHEREAS, notice of intent to adopt this resolution of application has been given by mail to affected and interested agencies and printed in the Daily Pilot on September 11, 2000; and WHEREAS, the principal reasons for the proposed reorganization are as follows: (a) the City anticipates that it can provide more efficient municipal services, especially in the areas of law enforcement and community recreational services, to the Areas than currently provided; and (b) the annexation of the Areas, with limited exception, is an anticipated result of the City's review of service provision to the property within its Sphere of Influence; (c) the City seeks to assist the County of Orange and Orange County LAFCO in improving and simplifying the service delivery, jurisdiction, and governance of several unincorporated "islands' adjacent to the City. Page 9 WHEREAS, the following agencies would be affected by the proposed jurisdictional changes: AGENCY NATURE OF CHANGE City of Newport Beach Annexation City of Costa Mesa Detachment WHEREAS, the territory included within the boundaries of the reorganization - which may be completed in separate and distinct phases — is inhabited and a description of the ultimate boundaries of the territory after all phases are complete is set forth in: Area A - Exhibit A Area B - Exhibit B Area C - Exhibit C and attached hereto and by this reference incorporated herein; and WHEREAS, spheres of influence will be concurrently amended for the City of Newport Beach and the City of Costa Mesa; and WHEREAS, it is desired that the proposed reorganization be subject to terms and conditions established by the Local Agency Formation Commission, including the terms and conditions proposed within Exhibit D to this Resolution (Terms and Conditions for Newport Coast/ Ridge); and WHEREAS, the City of Newport Beach will or has prepare(d) environmental documents for the reorganization in compliance with the California Environmental Quality Act and State CEQA Guidelines in conjunction with, where applicable, the adoption of a General Plan Amendment and Prezoning for the Areas; and WHEREAS, on October 25, 1999, the Newport Beach City Council adopted Resolution 99 -71 which authorized City staff to proceed with a reorganization application before the Local Agency Formation Commission and the City has since determined that Resolution 99 -71 should be repealed and another Resolution of Application adopted based on changes to the reorganization area as first proposed within Resolution 99-71; now, therefore be it RESOLVED that the City Council of the City of Newport Beach hereby adopts and approves this Resolution of Application, and the Local Agency Formation Commission of Orange County is hereby requested to taking proceedings for the reorganization of territory as illustrated in Exhibits A, B, and C (the "Newport Coast /Bay Knolls /Santa Ana Heights Annexation "), according to the terms and conditions established by LAFCO and in the manner provided by the Cortese -Knox Local Government Reorganization Act of 1985; and also be it Page 10 RESOLVED that the City Council of the City of Newport Beach hereby rescinds and replaces Resolution 99 -71 as adopted October 25,1999. ADOPTED this 26th Day of September, 2000. JOHN E. NOYES MAYOR ATTEST: LaVONNE HARKLESS CITY CLERK ITEM 20 / . �► NEWPORT BEACH CITY COUNCIL September 12, 2000 Regular Meeting TO: Members of the Newport Beach City Council coo We d MUM FROM: Dave Kiff, Deputy City Manager ZO e-[ -a -00 SUBJECT: Newport Coast & Ridge/Santa Ana Heights/Bay Knolls Reorganization RB0OMM0,ZDED Direct staff to place Resolution 2000 -_ on the Council's September 26, 2000 ACTION: Agenda. Resolution 2000 7_ as proposed would rescind Resolution 99 -71 and adopt a new Resolution of Application requesting LAFCO's initiation of proceedings to reorganize the territory known as Bay Knolls, Santa Ana Heights, and Newport Coast and Newport Ridge. SUMMARY: The adoption of a Resolution of Application on September 26, 2000 allows the City to file a reorganization application with the Local Agency Formation Commission (LAFCO) that would lead to the eventual: • • Annexation of the unincorporated areas known as Bay Knolls, Santa Ana Heights (east of Irvine Avenue), and Newport Coast and Newport Ridge to the City; • Detachment of certain areas of Bay Knolls from the City of Costa Mesa; The action on September 26, 2000 would rescind and replace Resolution 99 -71 (adopted by the Council on October 25,1999) and is the first step in the reorganization process as outlined in California Law (Government Code §56000 et seq.). A new resolution is required because the City has made the following changes to the proposed Reorganization outlined in Resolution 99 -71: • Proposed the retention of the Irvine Ranch Water District as the provider of water, wastewater, and reclaimed water in the Newport Coast and Ridge; • Added the coastal portion of Crystal Cove State Park (within the City's Sphere of Influence) to the proposed Resolution; and • Made minor, non - substantive modifications to the reorganization areas based on the completion of the metes and bounds for each of the three areas. BACKGROUND Please refer to the October 25,1999 Staff Report on this matter (available on the Internet at www.city.newport- beach.ca.us and the City Clerk's Office) for additional background about each of the annexation areas. • WHATSNEW. There are several issues that have arisen and either remain challenges or have been addressed since the Council last heard this issue in October 1999. They are as follows: Newport Beach City Council Page 2 • Newport Coast. As the Council is aware, various Council members and various • members of the City staff have met over a period of 2V2 years with up to seven members of the Newport Coast Committee of 2000 (NCC2K). NCC2K's annexation team consists of representatives of Newport Coast -area homeowners associations, including the Newport Coast Master Association. A year ago - as negotiations were settling in to two or three key issues — the City Manager wrote to the NCC2K team to tell them that he would not direct the filing of an application with LAFCO according to the October 25,1999 proposed annexation unless the City and the NCC2K annexation team were able to reach agreement on annexation terms and conditions. Unfortunately, the adoption of a new - and different - Resolution of Application is our recognition that we did not reach consensus with the NCC2K annexation team on all matters. It is also a clear invitation to interested persons in the Newport Coast to, at the time of the City Council's public hearing on the new Resolution of Application voice their concerns, opinions, or questions about the new proposal. As such, we have notified the NCC2K of the public hearing on September 12, 2000 and have provided them with this staff report in advance. The City's Offer. Newport Coast residents pay extraordinarily high taxes and tax rates that fund a wide range of infrastructure. For example, Newport Coast residents paid for (and pay for) the widening of Pacific Coast Highway and all or portions of Newport Coast Drive — both are major arterials that many non- residents use. Newport Coast residents pay into a Mello -Roos District for schools, two IRWD improvement bonds, one of two multi- million dollar County • Assessment Districts, and dues to two HOAs in addition to their Basic 1% Levy. As such, a tax bill (1999 Tax Year) from a home with an assessed value of $500,000 in the Newport Coast would look like this: WHAT A NEWPORT COAST PROPERTY TAX BILL LOOKS LIKE This portion of bill is based on the value of a panel. This porfion of fhb bill is a'per parcel' levied without regard to parcel value. AMOUNTS LEVIED BY TAXING AGENCIES SERVICE AGENCY AMOUNT BASIC LEVY 5,000.00 MWD-CMWD -0RIG AR 44.45 SPL ASMNT DIST DEBT IRWD #140 WAT BD 1.10 IRWD IMP #240 VR 1.10 SPL ASMNT USER FEES MWD WATER 11.80 ASMNT 8007 5,807.72 MELLO -R R7 1,003.00 NET VALUES AND TAXES 500,000 11,866.97 Please note that a home in Newport Beach proper with the same $500,000 assessed value typically will have a tax burden of 1.028%. Early in our discussions with the NCC2K annexation team, NCC2K consistently asked for some type of tax relief. In Fall 1997, however, the City Council stated its resistance to any type of relief on the Mello -Roos or relief using any portion of the City's share of the Basic Levy. We looked instead to an alternative that is Page 3 • contained in the Terms and Conditions within this Staff Report's Exhibit C. Item #1 on Exhibit C is the lone remaining issue of some disagreement between the City and the NCC2K annexation team. NCC2K sought $18 MN in Infrastructure Buybacks paid out over 10 years - the City offers $18 MN paid out over 15 years. City staff and the Council Members who served at various times on the City's Annexation Subcommittee believe that the City's proposed Terms and Conditions for the residents of the Newport Coast are fair and appropriate. Adoption of the proposed Resolution would carry the City's proposed Terms and Conditions to LAFCO. The Negotiations. Admittedly, the Terms and Conditions have changed in various ways since talks began in February 1998. Throughout the 21/2 years of talks, I was the only City representative who attended each annexation meeting. Council Members O'Neil, Thomson, Debay, Ridgeway, former Council Member Edwards, City Manager Bludau, Chiefs McDonell and Riley, and others joined the meetings over time. The art of negotiating specific Terms and Conditions subject to later approval by a public deliberative body is difficult to accomplish. I believe, however, that all City participants have acted in good faith. We were forced to change draft offers (sometimes to NCC21Cs benefit, sometimes to NCC2K's detriment), yet each time we stressed that the drafts required the ratification of the full Council. I believe, too, that our counterparts with the NCC2K annexation team have also acted in good faith. As such, the City • Manager and I hold the NCC2K Team in high personal and professional regard. While we remain somewhat apart on the issue identified above, the City Manager and I are confident in recommending the offer outlined in Exhibit C be formally included by the City in any Terms and Conditions adopted by LAFCO for the Newport Coast and Ridge. • Santa Ana Heights. Santa Ana Heights (SAH) - a community of commercial, residential, residential /equestrian, and John Wayne Airport (JWA) impacted areas - is viewed by the City Council as a valuable addition to Newport Beach. But its number of pre - Proposition 13 assessed values and its status as a redevelopment project area will limit SAH's property tax contributions through at least 2035. PAC Views. Some Santa Ana Heights residents and business owners - acting in their capacity as the redevelopment areas Project Area Advisory Committee (PAC) - have asked that the City address seven issues prior to annexation. They include: - Opportunities to "partner' with the City to limit any expansion of JWA. - A promise that the City would not hike property taxes or apply a special assessment district to Santa Ana Heights. - The City's affirmation of the Santa Ana Heights Specific Plan. - Keeping the PAC as a "functioning community organization." - A retention of the same response times for fire and emergency medical • services as provided today by the Orange County Fire Authority (OCFA). - Services equal to those provided to Newport Beach "at no additional costs." Page 4 — Early discussions with City staff regarding ongoing maintenance of projects • outlined within the Specific Plan. City staff believes that these issues should be discussed within the reorganization process, especially after the City and the County complete a property tax sharing agreement for all three areas under the proposed reorganization. However, we can make it dear today that our full intention is to annex Santa Ana Heights while: — Working together to preserve and extend the 1985 JWA Settlement Agreement. — Not raising taxes or applying a special assessment district to Santa Ana Heights. — Affirming the Specific Plan (your City Council did this on August 29, 2000), including actively communicating with SAH about the maintenance of any and all municipal services or projects in the Specific Plan. — Working with any SAH -based community organization, including the PAC, just as we do today with Newport Beach -area homeowners' associations. — Retaining or improving fire and emergency medical response times. — Providing the same scope of quality municipal services to Santa Ana Heights as we do to Newport Beach today except refuse collection paid for via property taxes. West Santa Ana Heights. A second issue of note beyond the SAH PAC's request is a concurrent annexation filing by residents within West Santa Ana Heights (west of Irvine Avenue, north of Mesa, South of the Santa Ana /Delhi Channel, • and East of Santa Ana Avenue). The City has not taken a formal position on adding this area to the City's reorganization application, but we have met several times with West SAH proponents. At the time of the City's LAFCO hearing, LAFCO may refer to the concurrent filing and recommend that the City add West Santa Ana Heights to our application. A LAFCO action to this effect may require later direction by your City Council. • Bay Knolls. No new issues have arisen relating to Bay Knolls since the Council's October 1999 action. We have received several calls from persons in the Costa Mesa Sphere of Influence inquiring as to whether or not the City would be interested in adding their street or neighborhood to the City's application, but we have not offered to change the proposed map and legal description of this area. Conclusion. If the Council adopts the Resolution of Application on September 26, 2000, staff will move forward and complete our annexation application with an anticipated filing with Orange County LAFCO (see Exhibit D for a full description of the LAFCO process) shortly threafter. At the same time, we will work promptly to inform the residents of Newport Beach and of the annexation areas as to the advantages and disadvantages of this reorganization. It is important to note that this reorganization is one of the largest and most complex in the City's history. It involves a multitude of regulatory agencies and service providers as well as a resident base that is understandably cautious about any change in the structure of their local government. The Council, the City's residents, Page 5 • and the communities within the reorganization areas have our assurance that this process will be pursued in the most open and communicative manner possible, allowing appropriate input and comment by all parties affected by this action. EX HUM Exhibit A. Map of Proposed Reorganization Areas Exhibit B: Proposed Plan of Service for Reorganization Areas Exhibit C: Proposed LAFCO Terms and Conditions for Newport Coast/ Ridge Exhibit D: Summary of LAFCO Process Exhibit E: DRAFT Resolution Rescinding Resolution 99 -71 and Resolution of Application to Initiate Proceedings to Reorganize Territory • • Page 6 • Exhibit B PROPOSED PLAN OF SERVICE AREA A - BAY KNOLLS SERVICE CURRENT PROVIDER PROPOSED PROVIDER EFFECTIVE DATE Public Safety Police Protection OC Sheriff Newport Beach PD March 1, 2001 Fire Protection OC Fire Authority Newport Beach Fire March 1, 201 Paramedic /Ambulance OC Fire Authority Newport Beach Fire March 1, 2001 Animal Control County of Orange Newport Beach PD March 1, 201 Utilities Sewerage Collection Costa Mesa San District Costa Mesa San District N/A Treatment/ Disposal OC Sanitation District OC Sanitation District N/A Reclamation N/A N/A N/A Water Wholesale /Retail Mesa Consolidated /IRWD Mesa Consolidated /IRWD N/A Improvement District N/A N/A N/A Solid Waste Costa Mesa San District Costa Mesa San District N/A Public Works LlghtingandLandscaping Assessment District Assessment District N/A Flood Control OC Flood Control OC Flood Control N/A Street Maintenance County of Orange City of Newport Beach March 1, 2001 Street Sweeping City of Newport Beach City of Newport Beach N/A . CommunityDeaeloprnent Redevelopment OC RDA OC RDA N/A Community Services Parks None City of Newport Beach March 1, 201 Recreation Programs None City of Newport Beach March 1, 201 Library Service OCPL City of Newport Beach Much 1, 2001 • SERVICE Public Safely Police Protection Fire Protection Paramedic /Ambulance Animal Control Utilities Sewerage Collection Treatment/ Disposal Reclamation Water Wholesale /Retail Improvement District Solid Waste Public Works Lighting and Landscaping Flood Control Street Maintenance Street Sweeping Cornm atity Development Redevelopment Community Sennoes Parks Recreation Programs Library Service Page 7 PROPOSED PLAN OF SERVICE AREA B - SANTA ANA HEIGHTS CURRENT PROVIDER PROPOSED PROVIDER EFFECTIVE DATE OC Sheriff Newport Beach PD March 1, 2001 OC Fire Authority Newport Beach Fire March 1, 2001 OC Fire Authority Newport Beach Fire March 1, 2001 County of Orange Newport Beach PD March 1, 2001 IRWD IRWD N/A OC Sanitation District OC Sanitation District N/A N/A N/A N/A IRWD IRWD - N/A N/A N/A N/A Waste Management Inc Waste Management Inc. N/A N/A N/A N/A OC Flood Control OC Flood Control N/A County of Orange City of Newport Beach Much 1, 2001 City of Newport Beach City of Newport Beach N/A OC RDA OC RDA N/A None City of Newport Beach - Much 1, 2001 None City of Newport Beach March 1, 2001 OCPL City of Newport Beach March 1, 2001 C1 E • • SERVICE Public Safety Police Protection Fire Protection Paramedic /Ambulance Animal Control Utilities Sewerage Collection Treatment /Disposal Reclamation Water Wholesale /Retail Improvement District Solid Waste Public Works Lighting and Landscaping Flood Control Street Maintenance Street Sweeping Community Development Redevelopment Commrnrity Services Parks Recreation Programs Library Service PROPOSED PLAN OF SERVICE AREA C - NEWPORT COAST AND RIDGE CURRENT PROVIDER OC Sheriff OC Fire Authority OC Fire Authority County of Orange IRWD IRWD IRWD IRWD IRWD Waste Management, Inc County of Orange OC Flood Control County of Orange, HOAs City of Newport Beach N/A HOAs, NC Master Assn. None OCPL PROPOSED PROVIDER Newport Beach PD Newport Beach Fire Newport Beach Fire Newport Beach PD IRWD IRWD IRWD IRWD IRWD Waste Management, Inc City of Newport Beach OC Flood Control City of Newport Beach, HOAs City of Newport Beach N/A City of Newport Beach City of Newport Beach City of Newport Beach Page 8 b — � f _� alt . VV March 1, 2001 March 1, 2001 March 1, 2001 March 1, 2001 N/A N/A N/A N/A N/A N/A March 1, 2001 N/A March 1, 2001 N/A N/A March 1, 200 March 1, 2001 March 1, 2001 Page 9 %.i 0 Exhibit C Proposed LAFCO Terms and Conditions for Newport Coast/Ridge lAssessment Districts rchse ofCoast Infrastructure. City vrill purchase specific intrasWcture In the Newport Coast (TBD) that, in effect, es Newport Coast and Newport Ridge owners of improved residential lots for payments made for same facilities. 7:u,mbuars Amount = $1,200,000 per year for 15 years + remainder of NC Infrastructure Fund upon completion of Certificate of Occupancy of Community Center. z Expert Review of ADs 88.1 and 92.1. City will hire and/or direct in -house staff to examine documents associated with ADs 88.1 and 92 -1 to a satisfactory conclusion. Effort to be overseen by City Council and Newport Coast Advisory Committee. Budget to be determined. 114C infrastructure 3 Fund Civic Center. City shall allocate up to the entirety of a $7 MN "NC Infrastructure Fund" for a civic center in the Newport Coast. Primary location to be adjacent to or within Newport Ridge Park depending upon community input. Secondary site at top of ridge (within new park not yet constructed). Funds available immediately for planning and design, construction anticipated in 2002 -03. Square footage can be up to 22,000 sf. Can contain gym, library, meeting rooms, ancillary rooms. Center shall be a City-owned and operated asset with reservation preference ( "preference" does not imply or allow bumping previously - soeduled events) by residents of the Newport Coast/Ridge. If by June 2006, the Community Center has not been planned and the City Council deems that a Center is not wanted by the Newport Coast Community, all revenue remaining in the Fund shall be used per #1 above. 4 Remainder of Fund. Upon issuance of a Certificate of Occupancy of the Community Center, the revenue remaining in Fund shall be used to purchase additional Coast infrastructure per #1 above. lCouncil District Representation I One Council District. City shall place Coast and Ridge in a single councilmanic district upon annexation through the first 5 regularly scheduled Council election (November 2002) following annexation. Water and Sewer Service of IRWD. City agrees to retain IRWD as the Coast and Ridge's provider of water, sewer, and reclaimed water service. 6 ty sll enforce and follow the January 2000 Settlement Agreement with IRWD as it relates to rate protection and IRWD's Improvement District levies ( #1401240 and #1601260). Fire 7 and Life Safety Service City Standards. City shall provide the identical Fire and EMS service to the Newport Coast that it provides to the remainder of the City (similar to that provided to the Coast today by the OC Fire Authority). Includes placement of a Paramedic Assessment Un(t in NC Fire Station. 113olice Service City Standards. City shall provide the identical Police Service to the Newport Coast that it provides to the remainder of the City. g City shall, upon consultation with the Newport Coast Advisory Committee, provide specific on -site but temporary law enforcement services to the Coast as requested, using facilities at the civic center or fire department for events such as crime prevention presentations, fingerprinting small children, signing up alarm accounts, distributing material, etc. 9 Slope Full City Maintenance of All Public Areas. City and/or City's contractor shall maintain — to highest City standards — all public portions of parks, all Coast slopes not within the County/NCCP open space area nor within HOA common areas, and all medians. ys- City will pay for curbside residential trash collection (no commercial, hotel, timeshare, or multi - family) for as long as collection is provided "free" to residences in Newport Beach's pre-1996 city boundaries. Any change to Measure 0 Esucyh,tsh hat directs all residents to pay for trash collection City-wide would apply to the Coast/Ridge as well. lRepresentation on Aviation Committee I Aviation Appointment(s). Upon annexation, City shall appoint one or more Newport Coast representatives to the City's Aviation 11 Committee. Electrical Transmission Lines 12 SCE Encouragement. City shall use its "best efforts" to encourage Southem California Edison to bury underground power lines In the Coast and Ridge. %.i 0 • Exhibit D Summary of LAFCO Reorganization Process A Graphical Description Cry of Newport Beach T Gives; voluntary notlae to affected entities of public hearing on reorganization. T At noticed pubic hardalg, adopts Resolution of Application to Initiate Reorganhatlon, prepares tAFCA Application, Metes and Bounds, ErnWnmen- Ian Documentation and Plan of Service. Negotiates Tax Exchange Agreements Cry Council Adopts Tax bchange Agreement Notices Public Hearing in Newspaper at least 15 days prior to hearing. T Holds Public Hearing at City Hall to measure protest. If less than 25% protest, adapts Resoluton ordering reorganizadon If between 25% and 49% protest, schedule an election for Coast residents on the reorganization. If Question passes, adopts Resolution ordering reorganization. City begins providing services as of the effective date of the reorganzation. County of Orange AzMdnrC &O*ra1W AsseWrcakrdvfe amorntdfpmpeRyfex abEelcNbypropased anxrabbry yerem er a/fcrfedagerzdes A4ga�fe 73vFxdwnge Agrtv°mentz AV&orsweMSOis Adapa ra ardange AgreavzerR CounyyRemrder mceArs C&&'%aye of Canofabi017 bOrff4000 A6es5arandAUdder Carbo/kynaxioe .SGlHnenl dBmnMary OAWspV Page 10 _ ___ ..... .. .... ...�______......, ReWents In Area to be Reog IWd May file written protest against the reorganization up urd the close of the Ctys hearing May vote on the Question "shall (area) be anneved to the City of Newport Beach?' Residents begin receiving ` services from 1 Cry of Newport Beach. I Page 11 Exhibit E DRAFT RESOLUTION NO. 2000- A RESOLUTION RESCINDING RESOLUTION 99 -71 AND A RESOLUTION OF APPLICATION REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY WHEREAS, the City of Newport Beach desires to initiate proceedings pursuant to the Cortese -Knox Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, for a reorganization which would concurrently: (1) Annex territory to the City of Newport Beach; and (2) Detach territory from the City of Costa Mesa; . WHEREAS, this reorganization shall be known as the "Newport Coast /Bay Knolls /Santa Ana Heights Annexation" and include three distinct "areas" that shall be known as follows: Area A - Bay Knolls Area B - Santa Ana Heights Area C - Newport Coast and Ridge WHEREAS, notice of intent to adopt this resolution of application has been given by mail to affected and interested agencies; and WHEREAS, the principal reasons for the proposed reorganization are as follows: (a) the City anticipates that it can provide more efficient municipal services, especially in the areas of law enforcement and community recreational services, to the Areas than currently provided; and (b) the annexation of the Areas, with limited exception, is an anticipated result of the City's review of service provision to the property within its Sphere of Influence; (c) the City seeks to assist the County of Orange and Orange County LAFCO in improving and simplifying the service delivery, jurisdiction, and governance of several unincorporated "islands" adjacent to the City. 0 • • • Page 12 WHEREAS, the following agencies would be affected by the proposed jurisdictional changes: AGENCY City of Newport Beach City of Costa Mesa NATURE OF CHANGE Annexation Detachment WHEREAS, the territory included within the boundaries of the reorganization - which may be completed in separate and distinct phases — is inhabited and a description of the ultimate boundaries of the territory after all phases are complete is set forth in: Area A - Exhibit A Area B - Exhibit B Area C - Exhibit C and attached hereto and by this reference incorporated herein, and WHEREAS, spheres of influence will be concurrently amended for the City of Newport Beach and the City of Costa Mesa; and WHEREAS, it is desired that the proposed reorganization be subject to terms and conditions established by the Local Agency Formation Commission, including the terms and conditions proposed within Exhibit D to this Resolution (Term Sheet for Newport Coast /Ridge); and WHEREAS, the City of Newport Beach will or has prepare(d) environmental documents for the reorganization in compliance with the California Environmental Quality Act and State CEQA Guidelines in conjunction with, where applicable, the adoption of a General Plan Amendment and Prezoning for the Areas; and WHEREAS, on October 25, 1999, the Newport Beach City Council adopted Resolution 99 -71 which authorized City staff to proceed with a reorganization application before the Local Agency Formation Commission and the City has since determined that Resolution 99 -71 should be repealed and another Resolution of Application adopted based on changes to the reorganization area as first proposed within Resolution 99 -71; now, therefore be it RESOLVED that the City Council of the City of Newport Beach hereby adopts and approves this Resolution of Application, and the Local Agency Formation Commission of Orange County is hereby requested to taking proceedings for the reorganization of territory as illustrated in Exhibits A, B, and C (the "Newport Coast /Bay Knolls /Santa Ana Heights Annexation "), according to the terms and conditions established by LAFCO and in the manner provided by the Cortese -Knox Local Government Reorganization Act of 1985; and also be it Page 13 RESOLVED that the City Council of the City of Newport Beach hereby rescinds and • replaces Resolution 99 -71 as adopted October 25,1999. ADOPTED this 261h Day of September, 2000. JOHN E. NOYES MAYOR ATTEST: LaVONNE HARKLESS CITY CLERK 0 0 E ;N4 Legend Detach from Costa Mesa, Annex to Newport Beach Proposed Annexation Area City Boundary Page Exhibit C NEWPORT COAST REORGANIZATION TERMS AND CONDITIONS Draft Form as revised September 4226, 2000 1 — Newport Coast Advisory Committee. At the date of the Conducting Authority hearing on the Newport Coast and Newport Ridge ( "NEWPORT COAST") reorganization ( "REORGANIZATION #00 -_ "), the City of Newport Beach ( "CITY") shall establish the Newport Coast Advisory Committee ( "NCAC "). The NCAC shall consist of seven (7) members, four (4) of whom shall be appointed by the Newport Coast Committee of 2000 and three (3) of whom shall be appointed by the City Manager after consultation by-with the City Council. Should Reorganization #00 -_ not be certified by LAFCO, the City shall disband the NCAC. 2— Infrastructure Buyback. City will partially reimburse owners of improved residential lots in Newport Coast by purchasing specific municipal infrastructure facilities funded through County Assessment Districts in the Newport Coast Upon receipt of first payment from January 24, 2000 Settlement Agreement ( "SETTLEMENT AGREEMENT') between IRWD and City, City will segregate $1,200,000 in a separate interest - bearing account. City shall apportion and pay the First Buyback Payment ( "FIRST BUYBACK PAYMENT') as soon as possible at a time and in a legal manner of apportionment to be determined by the Newport Coast Advisory Committee after consultation with the City Attorney. First Buyback Payment shall equal $1,200,000 plus interest between date of segregation and date of expenditure On the 1 ". 2m. 3`0. 4." 5`h. 61h. 71". 81°. 9 �. 101". 1 11h. 12`°. 13'h. and 14'" anniversaries of the First Buyback Paymentt City shall pay $1.200.000 ( "Anniversary Payments ") as soon as possible and in aag eask yeaF tt+eFeatteF ieF1 a manner of apportionment similar to the apportionment of the First Buyback Payment Revenue Revenue from the First Buyback Payment and any Seeendary Bey6aekAnn versary Payment shall only be apportioned to owners of improved residential lots. 4 •• Civic Center. City shall allocate up to the entirety of a $7 million Newport Coast Civic Center Account ( "CIVIC CENTER ACCOUNT') for a Civic Center in the Newport Coast not to exceed 22,000 square feet. Center's primary location shall be adjacent to or within Newport Ridge Park depending upon community input. An alternative site may be at the top of Ridge Park Road (within new park not yet constructed). Upon formation of NCAC, City shall make funds available immediately for planning and design, with construction anticipated in FY 2002 -03. Funds in Civic Center Account shall only be used for actual costs of construchOLI, including perm tt nq and design and shall not include City administrativg overhead, furniture. fixtures. and equipment (FF &E). or other indirect incidental costs NCAC shall direct and approve final design of Center as long as design does not impair City's ability to operate and maintain Center. Center may contain amon other things a gym, library, meeting rooms, and ancillary rooms. Center shall be a City-owned and operated asset with a Newport Coast resident -based reservation preference system developed by the NCAC Preference system shall not allow arbitrary cancellation of properly - scheduled events. If by June 2003, the Civic Center has not been planned and the City Council after consultation with the NCAC deems that the Center is not wanted by the Newport Coast Community, revenue remaining in the Civic Center Account shall be added to the Infrastructure Buyback provisions of Condition #2 and shall be returned over a period of three (3) years between June 2003 and June 2006. 8 — Fire and Emergency Medical Services. Upon effective date of reorganization. City shall provide the identical Fire and EMS service to the Newport Coast that it provides to the remainder of the City Such service shall include the placement of a Paramedic Assessment Unit (including a full -time paramedic) at the Newport Coast Fire Station (Station #52) immediately following City's takeover of services I'dge 6 9 — Law Enforcement Services. Upon effective date of reorganization, 6%;y shall City shall add one additional patrol beat and related staffing In addition City will realign beat structure such that Newport Coast becomes a part of two separate patrol beats (such beats shall include portions of current City as well) to enhance coverage in Newport Coast Response times and staffing levels in Newport Coast shall be consistent with those enioved by remainder of City City shall, upon consultation with the NCAC, provide specific on -site but temporary law enforcement services to the Coast as requested. using facilities at the civic center or fire department for events such as crime prevention presentations, fingerprinting small children, signing up alarm accounts, distributing material and more. 10 — Public and Private Parks. Not more than two months after the formation of the NCAC, the NCAC shall determine which park facilities shall remain "private" and administered and maintained by Newport Coast HOAs Upon receipt of this determination from the NCAC. City shall accept any Irrevocable Offer of Dedication associated with all Newport Coast parks and, where portions of such parks shall remain private, shall lease back private portions to area HOAs in a manner acceptable to the City Attorney. City shall offer these leases for the longest feasible term at $1 per year. Leases shall assign all liability obligations to Lessees (HOAs) City or its contractor shall maintain facilities to standards in place today in the Newport Coast City will use current landscape maintenance companies subject to City's competitive bid eresess practices --4 is tiigties, Gily 11 — Public Common Areas, Slopes, and Medians City shall maintain all slopes, medians. parkways and Common areas outside of gated communities unless such areas are retained as private by the NCAC PROF 10 ity shall maintain facilities to standards in place today in the Newport Coast. City will use current landscape maintenance companies subject to City's competitive bid practices RraiRiaia -these aFea&4o- C+Fy-s-k hest standaFdS 15 — Athletic Fields The NCC2K has expressed a desire for a lighted athletic field to be permitted within the Newport Coast The NCAC will recommend a location for this field that minimizes homeowner impact All lighting must meet City standards