HomeMy WebLinkAbout07 - Newport Coast-Santa Ana Heights-Bay Knolls AnnexationsITEM 7
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Newport Coast/Santa Ana Heights/Bay Knolls Annexation -
Resolutions Authorizing LAFCO to Process the Annexation Areas as
Individual Applications and Agreeing to the Master Property Tax
Exchange for the Newport Coast Annexation Area
RECOMMENDED (1) Adopt Resolution 2001 -_ authorizing the Orange County Local Agency
ACTIONS: Formation Commission (LAFCO) to Process Newport Beach's Three
Proposed Annexation Areas Individually; and
(2) Adopt Resolution 2001 -_ stating the City's intent to use the Master Property
Tax Transfer Agreement for the Newport Coast.
BACKGROUND: State law (the Cortese - Knox - Hertzberg Local Government Reorganization Act of
2000 (Government Code section 56000 et seq.) governs the way cities, counties,
and special districts address boundary issues like incorporations, annexations,
detachments, changes in "spheres of influence', mergers and consolidations, and
combinations of these actions called "reorganizations." Readers can access the
Act at www.leginfo.ca.gov.
The Act describes the membership and role of the Local Agency Formation
Commission (LAFCO) in each county. Orange County LAFCO, a seven - member
body that meets monthly in Santa Ana, addresses boundary changes for our
region (www.oclafco.ca.eov)
On September 26, 2000, the City Council adopted Resolution 2000 -81 directing
City staff to process an annexation application for the Newport Coast, Santa Ana
Heights, and the Bay Knolls community. The Resolution envisioned that all
three annexation areas would be processed in a single application. More
information about this application and resolution is available to readers at
www.city.newport- beach.ca.us. Click on the "annexations" button.
On March 20, 2001, City staff formally filed an application to annex these three
territories. Since that time, CC LAFCO has been examining our application for
completeness prior to issuing us a Certification of Filing. LAFCO staff has told us
that the application is complete except for the adoption of a Property Tax
Exchange Agreement between the City and the County of Orange. This Agenda
. Item includes that Agreement for the Newport Coast portion of the annexation.
Newport Beach City Council
Page 2
Two Issues
1— Costa Mesa's Actions. On April 2, 2001, the City of Costa Mesa held a public
hearing on its proposal to annex several unincorporated islands between Costa
Mesa and Newport Beach. These islands include the Bay Knolls community
(which was also included in our annexation proposal) and the western portion of
Santa Ana Heights (which was NOT included in our proposal). The City Council
of Costa Mesa ultimately decided not to include Bay Knolls in its application. It
decided to retain the western portion of Santa Ana Heights within Costa Mesa's
sphere of influence (a sphere of influence is a city's ultimate boundary).
Costa Mesa's application has not yet been filed with LAFCO. But LAFCO staff is
aware of some level of concern among residents of the unincorporated islands
between Newport Beach and Costa Mesa about Costa Mesa's application. Some
neighborhoods - including western Santa Ana Heights - appear to vigorously
object to Costa Mesa's action.
Given the timing of Costa Mesa's application (about four to six months behind
Newport Beach's application) and the contentiousness of the island annexations,
LAFCO staff believes that Newport Beach's single three -area application should
be addressed as three single -area applications. Because Newport Beach seeks to
file completed papers with the State Board of Equalization (BOE) for at least the
Newport Coast portion of our application by a December 2001 deadline, City
staff believes that this request is reasonable.
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We do not wish the two other areas - eastern Santa Ana Heights and Bay Knolls •
- to be delayed, but given the substantial cost of serving the Newport Coast
community (now with about 4,500 to 5,000 residents), it is important that the City
meet the December 2001 BOE deadline to receive property tax payments
covering our service costs no later than June 2002. As such, staff believes that it
is appropriate to separate the three annexation areas into three applications.
Such a separation will add to the City's processing costs, since each.filing runs
about $9,000. The City has sufficient funds budgeted in 0110 -8080 to cover these
additional filing fees. LAFCO staff has told us that the March 20, 2001
application itself will not have to be re- written.
2 - Master Property Tax Transfer Agreement for the Newport Coast. On October
28, 1980, the City and the County of Orange entered into a Master Property Tax
Transfer Agreement (see Attachment Q. The Agreement determines how the
City and the County split that portion of the Tax Rate that goes today to the
County General Fund. The Agreement directs that the City and the County
always follow the following ratio for any annexation:
0.51937804992 to the City and
0.48062195008 to the County.
In the Newport Coast, the County General Fund receives about 6.6% of the 1%
Basic Levy. Using the 1980 Master Property Tax Transfer Agreement would
direct that about 3.4% of the 1% would go to the City after annexation and about
3.17% would remain with the County.
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is In December 1997, then- Assistant County Executive Officer Mike Ruane sent a
letter (see Attachment D) to the City agreeing to this roughly 52% (City) - 48%
(County) exchange. The City has since used this formula to make our Fiscal
Impact assumptions regarding the Newport Coast.
Mr. Ruane also suggested - though not in written form - that the City, if it were
to agree to also annex the Bay Knolls community, might be able to receive
another 1% of the 1% Basic Levy since the Bay Knolls community was under a
redevelopment project area. The City intends to continue to operate under this
assumption for Bay Knolls and will seek this additional 1% of the 1% Basic Levy
as a part of any property tax exchange for Bay Knolls.
Since the County Board of Supervisors is directed by State Law to act on behalf
of special districts to apportion property taxes from special purpose districts in
an annexation, the Board will also apportion 100% of the 1% Basic Levy now
received by the Orange County Fire Authority to the City and 100% of the 1%
Basic Levy now received by the Orange County Library District to the City.
Officials from the Fire Authority and Library District have previously agreed in
writing to this apportionment.
This Agenda Item
This Agenda Item includes two separate resolutions that address the two issues
identified in the Staff Report. The first resolution authorizes LAFCO to separate
our single three -area annexation into three single -area annexations. It includes
language stating the City's intent that all three applications be processed in as
is timely a manner as possible, since the City still fully intends to diligently pursue
annexation of the Bay Knolls and eastern Santa Ana Heights communities.
The second resolution agrees to the roughly 52% (City) - 48% (County) Master
Property Tax Transfer Agreement for the County General Fund share of the 1%
Basic Levy paid by the Newport Coast Community. It further addresses the
City's intent to pursue previously agreed -to 100% apportionments from the
Orange County Fire Authority and the Orange County Library District.
ATTACHMENTS: Attachment A - Resolution 2001 -_ relating to Separation of Applications
Attachment B - Resolution 2001 -_ agreeing to the Master Property Tax
Exchange Agreement for the Newport Coast
Attachment C -1980 Master Property Tax Transfer Agreement
Attachment D - December 3,1997 Letter from County of Orange
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Attachment A
Resolution 2001-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
RELATING TO THE SEPARATION OF THE NEWPORT COAST/
SANTA ANA HEIGHTS/BAY KNOLLS ANNEXATION APPLICATION
WHEREAS, in September 2000, the City Council adopted Resolution 2000 -81 that
authorized City staff to file an application for the reorganization of three separate annexation
areas known as the Newport Coast, Santa Ana Heights, and Bay Knolls; and
WHEREAS, the City filed a formal application for these three territories on March 20, 2001
with the Orange County Local Agency Formation Commission; and
WHEREAS, the City of Costa Mesa has stated its intent to file an annexation application for
territories adjacent to the western boundary of Newport Beach; and
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WHEREAS, the Orange County LAFCO is desirous of addressing the Santa Ana Heights
and Bay Knolls portions of Newport Beach's application in a manner that also addresses the
City of Costa Mesa's annexation efforts; now, therefore be it .
RESOLVED by the City Council of the City of Newport Beach that it hereby authorizes
the separation of the City's March 20, 2001 annexation application for the three areas of the
Newport Coast, Santa Ana Heights, and Bay Knolls; and be it further
RESOLVED by the City Council of the City of Newport Beach that it hereby states its
intention to diligently and in a timely manner pursue the annexation of each of the three areas
regardless of their separation into three applications.
ADOPTED this 811, day of May, 2001.
Garold Adams
MAYOR
ATTEST:
LaVonne Harkless
CITY CLERK
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Attachment B
Resolution 2001-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AGREEING TO THE MASTER PROPERTY TAX EXCHANGE
FOR THE NEWPORT COAST COMMUNITY
WHEREAS, in October 1980, the Orange County Board of Supervisors and the City Council
of the City of Newport Beach executed the Master Property Tax Exchange Agreement for most
annexations of the City from 1980 forward; and
WHEREAS, in September 2000, the City Council adopted Resolution 2000 -81 that
authorized City staff to file an application for the annexation of the Newport Coast, community;
and
WHEREAS, in December 1997, the Assistant County Executive Officer wrote the City
stating the County's intent to follow the terms of the 1980 Agreement for any annexation of the
Newport Coast community; and
WHEREAS, the City and the Assistant County Executive Officer also discussed a property
. tax -based incentive whereby the City would receive an additional 1 % of the 1 % Basic Levy in
the Newport Coast for the city's service costs associated with annexing unincorporated islands
that are today within County redevelopment project areas; and
WHEREAS, in November 1997, officials from the Orange County Fire Authority executed
an Agreement with the City of Newport Beach that directed that 100% of the Authority's share
of the 1 % Basic Levy in the Newport Coast be transferred in full to the City of Newport Beach;
and
WHEREAS, also in 1997, officials from the Orange County Library District wrote to the City
stating the District's intent to shift 100°% of the District's share of the 1 °% Basic Levy to the City
upon any annexation of the Newport Coast community; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby consents to
the 1980 Master Property Tax Exchange Agreement with the County of Orange for the
annexation of the Newport Coast Community; and be it further
RESOLVED by the City Council of the City of Newport Beach that it hereby requests the
Orange County Board of Supervisors to shift 100% of the 1% Basic Levy from the Orange
County Fire Authority and the Orange County Library District to the City upon annexation of
the Newport Coast, and be it further
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RESOLVED by the City Council of the City of Newport Beach that it hereby formally •
requests that the Orange County Board of Supervisors provide, as previously discussed, a
property tax -based incentive of an additional 1 % of the 1 °% Basic Levy in non - redevelopment
areas like the Newport Coast upon the City's annexation of unincorporated islands within
County- operated redevelopment project areas.
ADOPTED this 8w day of May, 2001.
Garold Adams
MAYOR
ATTEST:
LaVonne Harkless
CITY CLERK
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Any-} G
- MASTER PROPERTY TAX TRANSFER AGREEMENT
BETWEEN THE COUNTY OF ORANGE AND THE CITY OF
NEWPORT BEACH
TO PROVIDE FOR PROPERTY TAX EXCHANGE
IN AREAS ANNEXED BY THE CITY
THIS AGREEMENT is entered into this 28th day of October
1980 , by and between the County of Orange, hereinafter "COUNTY ", and the
City of
.. � 1.
rt Beach
hereinafter "CITY ", as follows:
The purpose of this Agreement is to provide a uniform and pre-
dictable method of exchanging property tax revenues between CITY, COUNTY,
and certain special districts governed by the Board of Supervisors when
CITY annexes an area previously unincorporated. This Agreement is
entered into pursuant to section 99(d) of the Revenue and Taxation Code.
(Hereafter statutory references are to the Revenue and Taxation Code
unless otherwise indicated.)
2. This Agreement covers any completed and effective annexations to
CITY filed with the State Board of Equalization between January 2, 1978,
and July 24, 1979, as well as those pending uncompleted and future annexa-
tions subject to the tax reallocation provisions of section 99. Any
annexations completed on or before July 24, 1979 which have heretofore
been assigned to an existing tax rate area by the State Board of Equali-
zation are excluded from this Agreement. i
3. For any annexations to CITY filed with the State Board of Equali1
I
zation between January 2, 1978 and January 1, 1979 and between January 2,1
1979 and July 24, 1979 which were made effective on the tax rolls respec-
tively for fiscal years 1979 -80 and 1980 -81 the redistribution of taxes .•.
will first be effected beginning with the proceeds of the fiscal 1980 -81
tax roll.
For any annexations filed with the State Board of Equalization
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I after July 24, 19% -..e redistribution of prol,a, cy tax revenues will begir
2 in the fiscal year in which the tax roll is first changed to reflect the
.3 annexation, i.e., the fiscal year in which the annexation is effective
4 property tax purposes pursuant to Government Code Section 54902.
5 4. This agreement may be amended at any time by the mutual consent
6 of the parties. Any such amendment will apply only to those annexations
7 completed thereafter.
8 5. The historic tax ratio between CITY and COUNTY shall be used as
9 a basis to redistribute property tax revenues among the County general
10 fund, certain special districts and CITY.'
11 The historic CITY - COUNTY tax ratio is .51937804992:.48062195008, It
12 was arrived at in the following manner:
13 a. The County Auditor- Controller has determined the 1979 -80
14 property tax allocations to various jurisdictions in accordance with
15 section 97.5.
16 b. The total property tax allocation for CITY and the total
g17 property tax allocation for the County general fund within CITY were
18 calculated. The above ratio represents the percentage of each to the
19 total of the two.
20 The above historic tax ratio shall remain constant through -
21 out the term of this Agreement and is to be used for all annexations
22 covered by this Agreement withouf regard to the year they take place.
23 6. For the purpose of determining the redistribution of property
24 tax revenues in newly annexed areas pursuant to this Agreement, property
25 contained'in each proposed annexation shall be determined to be developed/
26 substantially developed or undeveloped in accordance with the procedure j
27 set forth in this paragraph.
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a. Annexations filed with the Local Agency Formation Commission
Nor
after the effective date of this Agreement:
3
Prior to the filing of a resolution or petition for annexa-
4
tion with the Local Agency Formation Commission, the property
5
proposed for annexation shall be determined to be developed/substan-
tially developed or undeveloped as follows:
.7
(1) (a) If the property is residential in nature, is wholly
8
subdivided and at least 75 percent of the subdivided lots
9
have existing residential structures on them, the property
10
shall be deemed developed /substantially developed.
11
(b) If the property is wholly residential in nature, is
12
wholly subdivided and less than 25 percent of the subdivided
13
lots have existing residential structures on them; and there
are no parks,.park sites, school sites, or other public
:;
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improvements or facilities on the property (excluding streets
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highways, utility lines), the property shall be deemed
3;
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undeveloped.
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(c) If the entire property is being used for agricultural
19
purposes, the property shall be deemed undeveloped.
201
(d) If the property has no parks, park sites, school
21
sites, oil exploration or production facilities, or other
22
structures, improvements or facilities on it, whether public
23
or private, it shall be deemed undeveloped.
24
(2) If the property fails to fall into any of the categories
25
defined in subparagraph a.(1) above, then the property shall be
26
deemed and treated developed /substantially developed or undeve-
4
loped if the County Administrative Officer and the City Manager,
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or their designees, agree in writing.
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(3) If such written agreement is not reached within thirty
days following the City Manager's written request to the Count
Administrative Officer and the annexation is under one hundred
acres, then the Local Agency Formation Commission shall de
whether or not the property is to be deemed and treated as deve-
loped /substantially developed or undeveloped. Such determination
may be made by the Local Agency Formation Commission at the time
of its final determination regarding the annexation. In making
the above determination regarding the status of the property the
Local Agency Formation Commission shall consider the recommenda-
tions of both COUNTY and CITY, if any, and shall consider the
following factors if, applicable:
(a) The ratio of assessed value of improvements to
assessed value of land;
(b) The density of population;
(c) The extent of commercial, residential and industrial
development;
(d) The extent of public facilities, improvements and
properties;
(e) Existing COUNTY and proposed CITY land use standards
for the property to be annexed and surrounding areas; and
(f) Any other factors it deems appropriate.
CITY and COUNTY shall file resolutions with the Local
Agency Formation Commission pursuant to section 99(b) agreeing
to be bound by its determination whether the property is deve-
loped /substantially developed or undeveloped.
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(4) If such written agreement is not reached within thirty
to be annexed
days following the City Manager's request to the County Admini-
3
strative Officer and the annexation is one hundred acres or more,
4
such determination shall be made by the Executive Officer of the
5
Local Agency Formation Commission on the basis of the same
6
matters required to be considered by the Commission. Such deter-
7
mination shall be made prior to the filing of the resolution or
8
petition for annexation with the Commission.
9
b. Annexations completed or filed with the Local Agency Formation
which the annexation
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Commission on or before the effective date of this Agreement:
poses is determined
11
Attached hereto, Exhibit A, is a list of any annexations
12
covered by this Agreement which have been completed or were filed
13
with the Local Agency Formation Commission on or before the effective
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date of this Agreement. Said annexations shall be treated as deve-
15
loped /substantially developed or undeveloped as indicated in said
0
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exhibit.
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7. In the case of annexations to CITY of unincorporated areas the
18
following methods will be used to make the section 99 adjustments to the
19
allocation of property tax revenues made pursuant to section 97(a), and
20
the proportions allocated pursuant to section 98(e), to the County general
21
fund; certain special districts governed by the Board of Supervisors; and
22
CITY.
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a. If the area
to be annexed
is developed /substantially deve-
24
loped the amount allocated
to the
CITY and County general fund with
25
respect to each new
tax rate azea
pursuant to section 97.5(a) in the
3 2
first fiscal year in
which the annexation
is effective for tax pur-
poses is determined
as follows.
In each new tax rate area within
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the area annexed the
amount which
would have been allocated to the
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County general fund under sections 97(a) and 98(e), assuming CITY is
2
entitled to a zero allocation, shall be divided between CITY and t�
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County general fund on the basis of the CITY - COUNTY historical tax
4
ratio. Additionally in each new tax rate area the amount which would
5
have been allocated, pursuant to sections 97(a) and 98(e), assuming
6
CITY is entitled to a zero allocation, to any special district
7
governed by the Board of Supervisors which transferred complete ser-
vice responsibility to CITY as a result of the annexation, shall be
9
determined. Said amount shall be divided between CITY and the County
10
general fund on the basis of the historical CITY - COUNTY tax ratio.
11
In the event any special district governed by the Board of Supervi-
12
sors has transferred partial, but not complete, service responsibi-
13
lity to CITY the transfer to COUNTY and CITY from said district underi
14
this paragraph shall be as agreed by CITY and COUNTY.
15
b. If the area to be annexed is undeveloped the amounts alloca
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ted to the CITY and County general fund shall be determined in the
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same manner as subparagraph "a" above, provided that the amount
18
allocated to the County general fund in each new tax rate area
19
pursuant to section 97.5(a) in the first fiscal year and each year
20
thereafter shall be at least equal to the allocation to the County
21
general fund in the same geographical area in the fiscal year prior
22
to that in which the annexation is effective for tax purposes.
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8. The amounts allocated pursuant to paragraph 7 in the first fis-
24
cal
year shall form the basis for allocations in subsequent fiscal years
25
as
otherwise provided by sections 97, 97.5 and 98; provided that the
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amounts guaranteed to the County general fund in subparagraph 7b shall be
ignored in determining the amount of property tax revenue allocated in
the prior year for purposes of sections 97(a) and 98(e). Attached hereto,
Exhibit B, is an illustration of the calculations contained in paragraphs
7 and 8 as applied to a hypothetical annexation.
9. Annexations of one hundred acres or more which are developed/
substantially developed are excluded from this Agreement. The parties
shall negotiate a separate agreement for such annexations.
10. Annexations of one hundred acres or more which are undeveloped
are subject to this Agreement provided the parties may negotiate a sepa-
rate agreement for such annexations.
11. The parties shall take all actions necessary to effectuate this
Agreement, including the filing of resolutions pursuant to section 99(b)
agreeing to accept the exchange of property taxes provided for herein.
12. The provisions of this Agreement will determine the adjustments,
i
pursuant to section 99, resulting from annexations to CITY. It is' under- '
stood that any such determination will be subject to subsequent adjust-
ment, as provided by applicable statutes, in the event all or any portion:
of the annexed territory is subsequently included in another jurisdic-
tional change.
13. This Agreement shall commence the date last executed below and
continue in effect until terminated iA the following manner. Either
I
party may terminate this Agreement on at least six months' written notice
I
provided that this Agreement will continue to apply to any annexations I
filed with the Local Agency Formation Commission prior to the date such.•.
notice is given.
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14. The terms "property tax revenues ", "jurisdiction ", and "juris-
dictional change" as used herein shall have the same meaning as contain.
Ij in section 95. The term "special district" shall have the same meaning
I as contained in sections 2215 and 2216.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year dated below:
Dated:'Al!_ /wv�� / �9
Signed and certified that a copy
of this document has been delivered
to the Chairman of the Board:
JUNE ALEXANDER
Clerk of the Board of Supervisors"
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
By Nit%
Dated: O��
DATED:
ATTEST:
;a$ _ W%cj
City Clerk
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COUNTY OF ORANGE, a political
subdivision of the State of
California
By
Chairman Jbf its Board of
Supervisors
"COUNTY"
CITY OF NEWPORT BEACH
Mayor
"CITY"
Cuunty of Orange I December 3, 1997
C a l i f o r n i a
Janice M. MiOetmcier
ci,ier{tca�cutiw alli"r
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Covnry Wcurlre office
Itt 0;k Comer filar.
1ti"I M%w
Santa And. Calirwniu
9210/-41162
T 4) It14.2.145
F 14) IN4416
We&* ww .w.ea.tov
Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beacb, CA 92663 -8915
SUBJECT: Newport Coast Annexation
Dear Kevin:
This is to confirm that the County intends to utilize the existing "Master
Property Tax Transfer Agreement" between the City and the County, executed
in 1980, for the Newport Coast annexation that provides for a property tax
distribution from the County General Fund allocation of approximately 52%
to the City of Newport Beach and 48% to the County of Orange.
We are utilizing the existing agreement tax split for this annexation due to:
1) the extensive cooperative planning which has taken place on this
development, including a Local Coastal Program and Development
Agreement which provide for implementation of the adopted-land use plan
and extensive regional public benefits under either jurisdiction; 2) the
utilization of common land use and fiscal planning assumptions, along with a
mutually agreed upon fiscal consultant, which ensured that both County and
City fiscal needs would be objectively addressed; and 3) the significant
mutual benefits of the annexation in terms of aligning regional and municipal
service responsibilities. Based upon these factors, we are utilizing the existing
tax split.
Unlike other recent city annexations in Orange County, there is also no need
to provide a differential tax split between different phases of the annexation
since there is sufficient fiscal incentive for the City to complete the annexation
of Newport Coast.
This tax split determination is specific to the Newport Coast annexation, and
is not binding on elther the City or County with respect to future annexations
which are not part of the Newport Coast project.
Page 30
c.
i
Annexation of Newport Coast
Page Two
Once the City Council has taken action to file a LAFCO application for the
Newport Coast annexation, we will file an agenda item requesting that the
Hoard of Supervisors adopt the necessary resolutions.
Sincerely,
Michael M. Ruane
Assistant Chief Executive Officer
Strategic Affairs
cc: Supervisor Wilson, District 5
CEO
Page 31
0
RECEIVED
r Bay Knolls Homeowners
rot MAY -7 P5 12
May 07 2001
David Kiff Deputy City Manal er
City of Newport Beach
3300 Newport Boulevard
Newport Beach CA 92663 3884
OFFICE OF THE CITY CLERK
CITY OF NEWPORT BEACH
transmitted via a mail
"RECEIVED WTER A ND�A \
PRINTED"' ti
Subleu Bay Knolls — Proposed Revision in Annexation Schedule (May R 2001 City Council
Apinda Item 7)
Dave
We are especially disappointed w ith the recommendation by the LAI CO staff to delay the
annexation process particularly when both cities and residents are in agreement over the
outcome of Bay Knolls Hoµever we support and do appreciate any and all efforts by the City
of Newport Beach to expedite this process and therefore are offering this letter in favor of the
proposed resolution (City Council Agenda Item 7) which declares this position
Our primary Loncem is the potential to indefinitely delay the process by inaction or the
resutision of a previous decision on the part of the City of Costa MLsa WL would anticipate
that the portion of the annexation addressing Bay Knolls would lag the Newport Coast by 4 to 6
months with closure by early 2002
Sincerely
BAY ICNOLLS HOMFOWNERS
McmbLr of Stann}, ( ommittee
cc Dana Smith I-xeLutive Director LAFCO
Distribution to Steenn}, Committee Members
AS PROPOSED 10 BE
RE VISED
Resolution 2001-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
RELATING TO THE SEPARATION OF THE NEWPORT COAST/
SANTA ANA HEIGHTS/BAY KNOLLS ANNEXATION
APPLICATION
WHEREAS in September 2000 the City Councd adopted Resolution 2000 81 that
authonud City staff to file an application for the rc organization of three separate
annexation areas known as the Newport Coast Santa Ana Heights and Bay Knolls and
WHEREAS the Cih filed -i formal application for these three territories on March
20 2001 with the Oranl c Counh Loc it Agency Formation Commission and
WHERLAS the City of Cost-i Mesa has stated its intent to file an - innexahon
apphcition for territories -idlacent to the western boundary of Newport Be-ich -ind
WHLRFAS the Orange County LAI CO is desirous of addressing, the Sang Ana
Heil,hts -ind Bay Knolls portions of Newport Be-ich s apphcition in a manner that also
addresses the Citv of Costa Mesa s annexation efforts now therefore be it
RI-SOLVED by the City Council of the City of New port Beach th-it it heiebN
amc nds its hesoluhon 2000 81 and its March 20 2001 - innexahon application uZd that
it hereby directs the Local Agency I ormation Commission or its staff to separate
au }aratien of the Gtr s March 20 2001 annexation apphcahon for the
three areas of the Ncv% port Coast Santa Ana i Ieights and Bay Knolls and be it further
RESOLV rD by the City Council of the City of Newport Beach that it herebN states
its intcnhon to dihl,cntly and in -i timely manner pursue the annexation of each of the
three -ireas regardless of their separation into three applications
ADOPT rD this 8t^ day of MaN 2001
G-irold Adams
MAYOR OF NEWPOR l BFACI I
A I rFST
I iVonne H-irklcss
CITY CLLRK