HomeMy WebLinkAbout2012-112 - Property Tax Exchange Agreement with County of Orange Regarding Emerson Island Annexation (PA2012-034)RESOLUTION NO. 2012- 112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING A PROPERTY TAX EXCHANGE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF
ORANGE REGARDING THE EMERSON ISLAND ANNEXATION TO
THE CITY OF NEWPORT BEACH (PA2012 -034)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The City of Newport Beach ("City") has filed an application with the Orange County
Local Agency Formation Commission to annex 1.88 acres of unincorporated territory
referred to as the Emerson Island, which is located in the northwest portion of the
City and generally bordered by Tustin Avenue to the west, Emerson Street to the
south.
2. California Revenue and Taxation Code Section 99 allows cities and counties to
adopt and approve property tax exchange agreements to set forth the exchange of
such revenues following the addition to a city of previously unincorporated territory.
3. Orange County and City staff have reached agreement, subject to Board and City
Council approval, regarding the exchange of property tax as a result of the
annexation of the unincorporated territory by the City, whereby upon annexation by
the City, the City shall receive 51.9378 percent and the County shall receive 48,0622
percent of the County's share of the 1 percent basic levy property tax generated
within the area to be annexed, pursuant to Master Property Tax Transfer Agreement
80 -1973.
4. The City shall receive 100 percent of the Structural Fire Fund and of the Library
Fund generated from the proposed annexation area.
5. The County staff and the City staff desire to have the same adopted and approved
by their respective governing bodies.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study /Negative Declaration was prepared in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council
Policy K -3.
City Council Resolution No. 2012 -112
Page 2
2. The Negative Declaration was circulated for a 30 -day comment period beginning on
July 19, 2003, and ending on August 18, 2003. The contents of the environmental
document and comments on the document were considered by the Planning
Commission on November 20, 2003.
3. The City Council considered the Initial Study and Negative Declaration of the
environmental impact for the project, and determined that the document adequately
addresses the potential environmental effects of the proposed project.
4. The City Council adopted the Negative Declaration on January 13, 2004, with
Resolution No. 2004 -5.
5. On the basis of the entire environmental review record, the proposed project will not
have a significant effect upon the environment, and there are no known substantial
adverse effects on human beings that would be caused.
6. Pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative
Declarations) and Public Resources Code Section 21166 (Subsequent or
supplemental impact report; conditions), notwithstanding the passage of time since
the City Council adopted the negative declaration on January 13, 2004, no
subsequent or supplemental environmental document is required because there
have been no substantial changes to the project, no substantial changes to the
circumstances, or any new information of substantial importance.
7. The document and all materials, which constitute the record upon which this
decision was based, are on file with the Planning Division, City Hall, 3300 Newport
Boulevard, Newport Beach, California.
SECTION 3. DECISION
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach does hereby approve the property tax
exchange agreement reached between the City of Newport Beach and the County of
Orange, whereby, upon completion of the annexation of the Emerson Islands to the
City of Newport Beach, City shall receive 51.9378 percent and the County of Orange
shall receive 48.0622 percent of the County's share of the 1 percent basic levy of
property tax from the annexed area pursuant to Master Property Tax Transfer
Agreement 80 -1973.
2. The City of Newport Beach will receive 100 percent of both the Structural Fire Fund
and the Library Fund generated in the annexed area upon annexation.
City Council Resolution No. 2012 -112
Page 3
Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 27t"
day of November, 2012.
ATTEST:
Leilani 1. Brown, City Clerk
CE
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2012 -112 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 27`h day of November, 2012, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Curry, Selich, Henn, Daigle, Mayor Gardner
Absent: Rosansky
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 28`h day of November, 2012.
City Clerk
Newport Beach, California
(Seal)