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HomeMy WebLinkAbout23 - Santa Ana Heights - Bay Knolls - Emerson-Churchill AnnexationsITEM 23 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant City Manager SUBJECT: Resolution 2002 -_ and Memorandum of Understanding (MOU) Relating to Santa Ana Heights, Bay Knolls, and Emerson/Churchill Annexations RECOMMENDED (1) Adopt Resolution 2002 -_ relating a property tax exchange agreement for the ACTIONS: City's pending annexation of three unincorporated areas between Newport Beach and Costa Mesa. (2) Authorize the City Manager to enter into a Memorandum of Understanding (MOU) substantially similar to the attached draft MOU relating to the Santa Ana Heights Specific Plan and the City's operation of a fire station in Santa Ana Heights. BACKGROUND: State law (the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000 -- Government Code §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.gov). 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 City filed its application to annex these territories on March 19, 2001. The Newport Coast portion of the City's annexation effort became effective January 1, 2002. The City Council added another neighborhood (about nine homes in the Emerson/ Churchill tract) to its pending application on May 28, 2002, when it adopted Resolution 2002 -36. The east Santa Ana Heights and Bay Knolls /Emerson annexations are anticipated to become effective July 1, 2003 following a LAFCO hearing in September 2002. Part I: Proposed Resolution - Property Tax Exchange Agreement. One of the last steps before LAFCO can hear the City's application for any annexation is the adoption by the City Council and the Orange County Board of Supervisors Of Page 2 nearly - identical resolutions directing the transfer and allocation after annexation of the 1 % Basic Levy that all property owners pay. In most of Newport Beach, the city government itself receives about 17% of the 1 % Basic Levy paid by Newport Beach property owners, with the remaining 83% going to schools, community colleges, the County of Orange, and special districts. On October 28,1980, the City and the County of Orange entered into a Master Property Tax Transfer Agreement ( MPTTA) governing the exchange of the 1 % Basic Levy in future annexations. The MPTTA determines how the City and the County split that portion of the Levy 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 most circumstances, the MPTTA would be appropriate to use for east Santa Ana Heights and Bay Knolls/ Emerson. But the County and the City - in an attempt to assist the County in "getting out of the municipal service business' - have discussed providing a small incentive for Newport Beach to also annex smaller unincorporated islands between Newport Beach and Costa Mesa that remain administered by the County's redevelopment agency ( "RDA ") and thus have a significant portion of their total property tax apportionments restricted (see the next section for more information about how redevelopment works). As such, the attached resolution proposes a split different from the MPTTA for the three annexation areas, but only for the propertytax base that does not go to redevelopment and only for that share of the property tax base that today goes to the County General Fund. The City and the County propose that, following annexation, the non -RDA property tax share that currently goes to the County General Fund be split in the following manner: 0.70 to the City and 0.30 to the County. Because 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 proposed resolution directs the Board to also apportion 100% of the non -RDA 1% Basic Levy now received by the Orange County Fire Authority the Orange County Library District to the City upon the annexation's effective date. And a Link to the Recent Past. In 2001, the City and the County adopted joint resolutions for the City's proposed Newport Coast annexation that directed the County to, if the City was successful in annexing Bay Knolls at a later date, provide that the property tax apportionment of the County General Fund amounts from the Newport Coast would increase to: 0.52937804992 to the City and 0.47062195008 to the County. Page 3 Part II: An MOU -- City Compliance with the Santa Ana Heights Specific Plan & the Operation of a new Fire Station. The County of Orange's redevelopment agency (called the Orange County Development Agency or OCDA) coordinates specific public works projects in many of the unincorporated islands affected by our annexation proposal. Like any redevelopment agency, OCDA funds capital projects for a "blighted" area by selling bonds based on what's called property tax "increment." Property tax increment is the amount of property taxes generated during and after an area is redeveloped above a base amount. State law directs that property taxes at or below the base be apportioned to all of the entities that typically get property taxes -- schools, community colleges, special districts, and more. But everything above the base (with a few exceptions for growth and for schools) can be directed to a redevelopment agency. The agency then issues redevelopment bonds that will construct the improvements based on the anticipated increment. S5W ON S45DON $400,000 5�5U.eW S]OOOW y 5350,COe F amo.aoo 2 MOODO SIee.CVe How Redevelopment Is Funded tew ium Oem wMi epercMp Tax Increment Base Amount s6e.eW S. 2 3 a 5 6 ] 8 Fiscal Year. A redevelopment agency bases its projections of increment upon an adopted redevelopment plan. The redevelopment plan typically shows where commercial, residential, or industrial properties will replace blighted areas. For the eastern Santa Ana Heights community, the redevelopment plan's zoning and land uses is reflected in the Santa Ana Heights Specific Plan. In anticipation of annexation, on August 8, 2000, the City Council adopted Resolution 2000 -73 and thereby adopted the Santa Ana Heights Specific Plan as the City's own plan for eastern Santa Ana Heights. However, to protect the County's redevelopment bonds and the anticipated flow of tax increment, the County of Orange has asked the City to confirm that the City will not rezone or redesignate land uses within the Santa Ana Heights Specific Plan without the permission and consent of the Orange County Development Agency (the Orange Page 4 County Board of Supervisors). The proposed MOU would make this confirmation. Santa Ana Heights Fire Station. In March 2001, the City established a temporary fire station on Zenith Street serving Santa Ana Heights and the airport area when a nearby Orange County Fire Authority (OCFA) station closed in December 2000. Since that time, Chief 'rim Riley and I have worked to find a site for a permanent station should the City be successful in annexing eastern Santa Ana Heights. One such location is on Birch Street in a commercially -zoned area. The County's executive administration and the County's redevelopment agency staff are amenable to funding all or a significant part of the construction of the station provided that the City pledge to equip it, staff it, and provide traditional mutual and automatic aid to the remaining unincorporated regions around eastern Santa Ana Heights. The proposed MOU would make this commitment on the City's behalf. THIS AGENDA This Agenda Item proposes the adoption of a resolution and authorization for ITEM: the City Manager to execute an MOU (in substantially similar form to the attached draft MOU) relating to the City's proposed annexation of Santa Ana Heights, Bay Knolls, and the Emerson/ Churchill tract: The Resolution agrees upon a 70% (City) and 30% (County) property tax split (but only of the base property taxes — not the increment) for each territory. This same resolution re- affirms the City and the County's intent to give the City a slightly higher percentage of the property tax generated in the Newport Coast upon annexation of the Bay Knolls community; and The MOU affirms the City's intent to respect the Santa Ana Heights Specific Plan following annexation and the City's intent to equip and staff a permanent fire station in eastern Santa Ana Heights following annexation should the County use redevelopment funds to acquire land for and to construct the station. County staff intends to place the MOU (in substantially similar form) and the Resolution on the Orange County Board of Supervisors' Agenda also in August or early September, 2002. ATTACHMENTS: Attachment A — Resolution 2002 -_ Attachment B -- Draft MOU Page 5 RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO A PROPERTY TAX TRANSFER AGREEMENT WITH THE COUNTY OF ORANGE ON BEHALF OF THE COUNTY, THE ORANGE COUNTY FIRE AUTHORITY, AND THE ORANGE COUNTY LIBRARY DISTRICT RELATING TO THE ANNEXATIONS OF EAST SANTA ANA HEIGHTS, BAY KNOLLS, AND THE EMERSON /CHURCHILL TRACT WHEREAS, the City of Newport Beach has proposed the annexation and /or reorganization of territories adjacent to or within the City's western and northern sphere of influence. These territories are known as eastern Santa Ana Heights ( "Santa Ana Heights "), Bay Knolls, and the Emerson/ Churchill tract; and WHEREAS, all or portions of these territories are within specific redevelopment project areas administered by the Orange County Development Agency (OCDA) which direct most property tax increment to the OCDA; and WHEREAS, in January 2002, the City of Newport Beach annexed the Newport Coast community to Newport Beach; and WHEREAS, in 1980, the City Council adopted a Master Property Tax Transfer Agreement with the County of Orange that directs that 0.51937804992 of the County General Fund share of the I% Basic Levy be transferred to the City and 0.48062195008 remain with the County upon annexation of territory by the City; and WHEREAS, on August 14 2001, the Board of Supervisors and the City Council agreed to adjust the Master Property Tax Transfer Agreement for the Newport Coast property tax apportionments upon a future annexation of the Bay Knolls area in order to assist the City of Newport Beach in funding municipal services to the Bay Knolls area because that territory falls within an OCDA project area; and WHEREAS, because the City has its own library system and fire department, the City's share of the 1 % Basic Levy from the Orange County Library System and the Structural Fire Fund or Orange County Fire Authority share will equal 100% of these agencies' respective shares; and WHEREAS, the eastern Santa Ana Heights, Bay Knolls, and Emerson/ Churchill neighborhoods, being all or in part covered by redevelopment project areas, will produce less property tax dollars for non - redevelopment public agencies than had the areas not been under redevelopment, now, therefore be it RESOLVED by the City Council of the City of Newport Beach that the City Council hereby: Page 6 1. States that, upon the effective date of each specific annexation, the property tax transfer between the City of Newport Beach and the County of Orange General Fund will be as follows for the annexation areas known as eastern Santa Ana Heights, Bay Knolls, and Emerson /Churchill: • 0.70 of the County General Fund share of the non - redevelopment 1 °% Basic Levy be transferred to the City of Newport Beach; and • 0.30 shall remain with the County. 2. Accepts that, upon the effective date of the City's annexation of the Bay Knolls community, the property tax exchange for the previously - certified Newport Coast Annexation will be as follows: • 0.52937804992 of the County General Fund share of the 1% Basic Levy generated from the Newport Coast annexation area be transferred to the City of Newport Beach; and • 0.47062195008 shall remain with the County. 3. Requests that, upon the effective date of each specific annexation, 100% of the non- redevelopment property tax revenues accrued from the reorganized or annexed territory to the Orange County Library District shall be transferred to the City of Newport Beach. 4. Requests that, upon the effective date of each specific annexation, 100% of the non- redevelopment property tax revenues accrued from the reorganized or annexed territory to the Orange County Fire Authority shall be transferred to the City of Newport Beach. ADOPTED this 13th day of August, 2002. TOD W. RIDGEWAY Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk of Newport Beach Page 7 -- DRAFT -- MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE REGARDING SANTA ANA HEIGHTS The City of Newport Beach ( "City ") and the County of Orange ( "County "), collectively known as the Parties, have hereby entered into this Memorandum of Understanding (MOU) on 2002 ( "Effective Date ") in regards to the following issues in eastern Santa Ana Heights ( "SAH "): 1. City has proposed the annexation and /or reorganization of territories adjacent to or within the City's western and northern sphere of influence. These territories are known as eastern SAH, Bay Knolls, and the Emerson /Churchill tract; and 2. County, operating as the Orange County Development Agency ( "OCDA "), has adopted and confirmed a Redevelopment Plan ( "Plan ") for the SAH community; and 3. County has adopted the SAH Specific Plan ( "Specific Plan ") which describes the land use and zoning associated with the eastern SAH community; and 4. In August 2000, City amended its General Plan to include the Specific Plan in City's General Plan; and 5. The redevelopment plan relies upon the land uses and zoning described in the Specific Plan to derive the property tax increment revenue needed to pay back redevelopment bonds issued for capital projects in the SAH Project Area; and County seeks City's assurance that it will respect the land use designations and zoning within the Specific Plan so that the Plan can continue to provide the tax increment revenue upon which the redevelopment bonds rely; and 7. The Plan and State Law describe various capital improvements that can be constructed with redevelopment funds; and City has previously expressed its desire to have the OCDA acquire land for and construct a fire station at a suitable site in Santa Ana Heights and that following OCDA or private sector construction of such a facility and following City's annexation of the territory, City would equip and operate the station on behalf of eastern Santa Ana Heights, the Airport Area, and the remaining unincorporated areas (via existing mutual and automatic aid agreements); Now, therefore, the Parties agree as follows: 1. City will respect, protect, and not amend without the written consent of County, the land use designations and zoning within the Specific Plan so that the Plan will continue to Page 8 support adequate property tax generation used to pay principal and interest on redevelopment bonds issued for the purposes of capital projects within the Project Area; 2. City and County will support OCDA's use of redevelopment funds for the acquisition of land and the costs of construction of a permanent fire station in eastern Santa Ana Heights; 3. City shall, following construction and following annexation, equip and staff the station in a manner that serves the residents and businesses of eastern Santa Ana Heights, the Airport Area, and nearby unincorporated areas pursuant to existing automatic aid and mutual aid agreements. IN WITNESS WHEREOF, County and City have caused this Memorandum of Understanding to be executed the day and year first above written. CITY OF NEWPORT BEACH a municipal corporation. Homer L. Bludau, City Manager APPROVED AS TO FORM: Robert L. Burnham, City Attorney COUNTY OF ORANGE Dr. Michael Schumacher, County Executive Officer APPROVED AS TO FORM: Benjamin DeMayo, County Counsel