HomeMy WebLinkAbout14 - Newport Coast OCFA Annexation Agreement AmendmentITEM 14
TO: Members of the Newport Beach City Council
FROM: Tim Riley, Fire Chief -.0 2-
SUBJECT: First Amendment to the 1997 City-OCFA Annexation Agreement
Regarding Properties in the Newport Coast
RECOMMENDED Authorize the Mayor to execute the attached 1st Amendment to the 1997 City-
ACTIONS: OCFA Annexation Agreement.
BACKGROUND: On November 20,1997, the City and the Orange County Fire Authority (OCFA)
entered into an agreement ( "1997 Agreement ") that described how the City and
OCFA would transfer fire - related responsibilities in the Newport Coast area and
in Bonita Canyon following the City's annexation of each of these territories.
On October 9, 2001, the City and the County of Orange entered into an
agreement ( "Cooperative Agreement") which described how the City and the
County would address planning and development - related activities following
annexation. Among other things, the Cooperative Agreement says that the
County of Orange will continue routine plan check and building inspection in
the Newport Coast by planning area. A planning area is a specific tract or
development unit — there are about 25 planning areas in the Newport Coast and
Newport Ridge (see map of planning areas in Attachment A).
When a planning area is fully built out and when the County has issued
certificates of occupancy on each home, the County will then bundle up the
maps, plans, and related documents and then physically transfer them to the
City. When the City has custody of a planning area's documents, the
Cooperative Agreement directs that the City then has planning authority for that
specific planning area.
As of the date of this staff report, about 10 planning areas are completely built -
out and ready for transfer, but the City and the County have not formally
transferred the documents that will effectively complete the transfer. City staff
met with County staff to discuss the document transfer in July 2002.
On January 1, 2002, the annexation of the Newport Coast became effective. Most
of the 1997 Agreement's terms were complete without major problems, including
the transfer of Fire Station 52 to the City and the transfer of related property tax
revenue associated with the Structural Fire Fund. Similarly, most of the
Cooperative Agreements terms have been implemented successfully as well.
Newport Beach City Council
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However, the 1997 Agreement did not envision having OCFA continue to be
responsible for fire- related plan check along with the County's plan check duties
as described in the Cooperative Agreement. OCFA and City staff believe that we
should amend the 1997 Agreement to clearly state OCFA's ability to continue to
do fire - related plan check and building inspection services in specific planning
areas following annexation up until each planning area transfers to the City's
building department.
At the same time, the 1997 Agreement can also be clarified to state that the
Newport Beach Fire Department has the ability to provide basic inspection
services (like occupancy for temporary tents, fuel modification zone compliance
in built -out areas, regular sprinkler inspections for buildings that have
sprinklers, and more) and all fire suppression, emergency medical, hazardous
materials response, and related services.
The proposed amendment also authorizes OCFA to charge fees for plan check
and inspection services, as OCFA is no longer receiving property tax revenues
from the Newport Coast area to assist in covering OCFA's current costs.
The attached amendment to the 1997 Agreement has been reviewed by the City
Attorney and Counsel for the OCFA. It will be on an upcoming OCFA Board
agenda for final approval.
THIS AGENDA This Agenda Item asks the Council to authorize Mayor Ridgeway to execute the
ITEM: first amendment to the 1997 City-OCFA Annexation Agreement. The
amendment clarifies OCFA's fire- related plan check and inspection role in the
Newport Coast following annexation but before transfer of planning area
responsibility to the City.
ATTACHMENTS: Attachment A - Proposed 15f Amendment to 1997 Agreement
Attachment A — Proposed 18f Amendment
To 1997 City-OCFA Agreement
AMENDMENT NO. 1 TO THE
ANNEXATION AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
THE ORANGE COUNTY FIRE AUTHORITY
RECITALS
This Amendment No. 1 ( "Amendment ") revises the Annexation Agreement
( "Agreement ") dated November 20, 1997 between the City of Newport Beach ( "City ")
and the Orange County Fire Authority ( "OCFA "). The Agreement described processes
and duties relating to the annexations of the Newport Coast community and the Bonita
Canyon area in advance of and following the annexation of these areas. This
Amendment is intended to authorize OCFA's continuing role in planning and
development services in specific areas of Newport Beach known as Newport Coast.
Pursuant to a Cooperative Agreement dated October 9, 2001 between the City of
Newport Beach and the County of Orange, all planning and development services in
Newport Coast will remain under the authority of the County of Orange until an
individual planning area is completed and the maps and related documents associated
kith the completed planning areas are received by the City of Newport Beach's Building
Department.
In order to continue an orderly, coordinated planning and development process,
this Amendment is intended to authorize the OCFA to provide fire - related planning and
development services in cooperation with the County of Orange in the area of Newport
Beach known as Newport Coast for any planning area not yet transferred to the City's
Building Department.
AMENDMENT No. 1
Section 2 ( "Assumption of Fire Services Upon Annexation ") is hereby amended
to read:
2. Assumption of Fire Services Upon Annexation.
a. Upon the effective date of the annexation of areas within the Annexation
Area to the City, the City shall assume responsibility for Fire Services in the areas
annexed, with the exception of the fire - related planning and development services
described in subsection (b). As used in this Agreement, "Fire Services" shall include
fire prevention, fire suppression, emergency medical services, and hazardous materials
response.
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b. Planning and Development Services Following Annexation. During the
time immediately following January 1, 2002 and until the date upon which each
planning and development responsibilities ( "Responsibilities ") in that Planning Area.
Upon and following each Transfer Date. the City of Newport Beach's Fire
If the County of Orange is processing all plans for Planning Area 22, OCFA shall
until such time as Planning Area 22 is built -out. The City of Newport Beach shall then
assume plan -check and inspection responsibilities for homes in Planning Area 22 once
's
Responsibilities shall include:
1. Review of tract maps and approval of access, roadway width, signaae,
water supply, fire hydrants and other associated development features as
required.
2. Review, approval, and initial inspection of fuel modification plans for areas
adjacent to wildland fire areas.
3. Plan review, approval, and inspection of all new construction including all
fire protection systems that were subiect to approval by OCFA prior to
annexation.
agreed otherwise by the City OCFA and the County of Orange in cases where the
County's agreement is legally required.
maintenance- related services to the Newport Coast area regardless of whether or not a
planning area has been transferred.
C. OCFA is hereby authorized to collect and retain fees to recover the cost of
providing these services to the City in accordance with OCFA's then - current fee
schedules: provided however, that such fees shall not be applicable to the County of
Orange or public school projects.
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This Amendment No. 1 is effective January 1, 2002 and remains in effect until all
planning areas in the Newport Coast area have been transferred to the City. This
Amendment No. 1 shall be interpreted in a manner consistent with Government Code
section 6500 et sue. ( "Joint Exercise of Powers ") and the October 9, 2001 "Cooperative
Agreement' between the County of Orange and the City of Newport Beach. It may be
terminated, upon 60 -day written notice to the other by either party.
IN WITNESS WHEREOF the parties hereto have caused this Amendment No. 1
to be executed as set forth herein below.
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ORANGE COUNTY FIRE AUTHORITY
Dated:
By:
Susan Ritschel
Chairperson
ATTEST:
Dated:
By:
Clerk of the Authority
APPROVED AS TO FORM:
TERRY C. ANDRUS
GENERAL COUNSEL
Dated:)
By:
[Signatures continued on Page 4
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CITY OF NEWPORT BEACH
By:
Dated:
Tod W. Ridgeway
Mayor
ATTEST:
Dated:
City Clerk
APPROVED AS TO FORM:
ROBERT H. BURNHAM
CITY ATTORNEY
By:
Dated:
COUNTY OF ORANGE
Dated:
By:
ATTEST:
Dated:
Clerk of the Board
APPROVED AS TO FORM:
BENJAMIN P. DE MAYO
COUNTY COUNSEL
Dated:
By:
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