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Home My WebLink AboutC-2229 - Exchange of Property Tax Revenues, Oxbow AnnexationMoot wzy NOV 24 1980 By the CITY COUNCIL CITY OP t4f*MMT K604H To: From: LJ CITY OF NEWPORT BEACH Office of CITY ATTORNEY The Honorable Mayor and Members of City Council City Attorney November 24, 1980 Item No. r749 Subject: Exchange of Property Tax Revenues in Conjunction With the Oxbow Annexation On this evening's agenda, the City Council is considering the approval of a Master Property Tax Transfer Agreement with the County of Orange to provide for property tax exchange in areas annexed by the City. Pursuant to that Agreement specific individual property tax transfer agreements are to be approved, consistent with the Master Agreement. In conjunction with the Oxbow Annexation, it is recommended that a resolution be adopted, agreeing to accept an exchange of property tax revenues as set forth in the Master Property Tax Transfer Agreement between the City of Newport Beach and the County of Orange. Hugh R. off n m � - i Jiff N �t S ,ff ION OF THE LOCAL AGENCY FQ�MATION C"ISSIO1 OF ORANGE COUNTY CALIFORNIA 2 By..ths CITY COUNCIL 01TY OF NEWp"T BGAQpi December 10, 1980 3 On motion of Commissioner Saltarellti, duty seconded and carried. the 4 following resolution was adopted: 5 WHEREAS, a resolution for the proposed annexation designated Oxbow Annexation No. 88 to the city of Newport Beach in the County of Orange was heretofore 6 filed by the city of Newport Beach and a#Q* for filing November 13, 1980 by the 7 Executive Officer of this Local Agency Formation Commistion pursuant to Part 2 of Title g 4, Division 2, commencing with Section 35000 et seq of the Government Code; 9 WHEREAS, -the Executive Officer, pursuant to Government Code Section 35152 set December 10, 1980, as the hearing date.on this proposal and gave the required notice 10 of hearing; and 11 WHEREAS, the Executive Officer, pursuant to Government Code Section 54794, 12 has reviewed this proposal and prepared a report including his recomnertdation thereon, and has furnished. a copy of this report to each person entitled to a copy; and 13 WHEREAS, this Cox.mission called this proposal for public hearing on 14 December 10, 1980, heard from the interested parties, considered the proposal and the 15 report of the Executive Officer, and considered the factors determined by the Commission to be relevant to this proposal, including, but not limited to, factors specified in 16 Government Code Section 54796; and 17 WHEREAS, the city of Newport Beach, as lead agency, determined the propos 18 annexation to be categorically exempt from the requirements of the California Environmental Quality Act of 1970. 19 NOW, THEREFORE, the Local Agency Formation Coaamission of the County of 20 Orange DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: 21 Section 1. This Commission finds that the territory contained in this =e /a—/61 proposal: 22 r'rf SENTTO; ❑le�� a. Is not within the adopted sphere of influence of the 23 Gaupcilmen city of Newport Beach. ager 24 orney ;Section 2. Subject to the terms and conditions hereinafter specified, Bldg. Dir. 25 GenSery Dir. said proposal is approved. " P8 & R Dir. Section 3. The boundaries of the territory proposed to be annexed to poke hi 26 C the city of Newport Beach are specifically described in the P.W. r 27 Other ther a legal description attached hereto and by this reference = "= made a part hereof. Said territory is found to be Resolution No. 8D -97 uninhabited and is assigned the following short -fond t 1' 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 711 , designation: dia*- kNNEXATION NO. 88 TO THE CITY -:,0P NEWPOW BEACH. Section 4. The city of*ewport Beath is 8esiggat as the conducting :..- authority and the legislative body thereof :fsi� hereby directed to initiate annexation proceed# in Compliance with this resolution. Section 5. Any election called upon the question of confirming an ordem for annexation shall be called, held and conducted upon such annexation only within the territory ordered-to be annexed. Section 6.. The city of Ne:mport Beach,_as applicant, shall be liable foi .and pay all proper expenses incurred in conducting proceedings in compliance with this resolution. Section 7. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution in the manner as:. provided in Section 35159 of the Government Code. AYES: COMMISSIONERS DONALD J. SALTARELLI, PHILIP L. ANTHONY AND JAMES T. JARRELL, NOES: COMMISSIONERS EDISON 1q. MILLER AND ROBERT E. DWYER. .ABSENT: COMMISSIONERS NONE. STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) I', RICHARD T. TURNER, Executive Officer of the Local Agency Formation Commission of Orange County, California, hereby certify that the above and foregoing resolution was duly and regularly adopted by said Commission at a regular meeting thereof, held on the 10th day of December, 1980. IN WITNESS WHEREOF, I have hereunto set my, hand this 10th day of December, 1980. Resolution No. 80 -97 -2- RICHARD T. TURNER Executive Officer of the Local Agency Formation Commission of Orange County, California By ; ..r - -- ecr tart' • i Nnvamhnr 4. 1980 { 3 JN 20552 Page 1 of 1 DESCRIPTION OXBOW A THE CITY F NEWPORT BEACH That portion of Lot D of the Banning Tract, together with that portion of the land shown on a map filed, and annexed to the complaint, in Case No. 22797 of the Superior Court of Orange County, California, all as shown on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County, described as follows: PARCEL A: Beginning at a point in that certain course in the existing Newport Beach City Boundary per the Incorporation shown as 'South 4 031'33" East 439.65 feet" on said record of survey map distant thereon South 4 °31,33" East 100.59 feet from the northwesterly terminus thereof, said point being distant South 5 026,08" West 423.20 feet, more or less, from the one - quarter section corner common to Sections 20 and 29, T6S, R10W; thence along said boundary as created by the Incorporation and by the "Five Parcel" annexation through the following courses: South 4 °3133" East 333.06 feet; thence South 20 °1142" East 269.65 feet to a point on a non - tangent curve in the northerly line of West Coast High- way concave northerly and having a radius of 950. 00 feet, a radial line from saidpoint bears North 6 058,30" East; thence easterly along said curve 4.35 feet through a central angle of 0 °15'45 "; thence tangent from said curve South 83 °17,15" East 285.05 feet; thence leaving said city boundary North 1205957" West 200.50 feet; thence South 77 °00103" West 60.00 feet; thence North 12 °59,57" West 500. 00 feet; thence South 77 00003" West 196. 26 feet to the POINT OF BEGINNItiG. PARCEL B: Beginning at a point in that certain course in the existing Newport Beach City Boundary per the Incorporation shown as "South 68 022145" East 756. 00 feet" on said record of survey map distant thereon South 68 °22,45" East 280. 00 feet from the northwesterly terminus thereof, said point being dis- tant North 68°24,46" West 2457.17 feet, more or less, from the one -quar- ter section corner common to Sections 20 ancf 29, T6S; R10W. thence along said city boundary South 68 02245" East 300. 00 feet; thence leaving said city boundary North 21 °37115" Enst 250. 00 feet; thence North 68 °22,45" West 300. 00 feet; thence South 21 03715" West 250. 00 feet to the POINT OF BEGIIV`NING. Containing 5. 280 Acres, more or less SUBJECT TO all Covenants, Rights, Rights -of -Way, and Easements of Record. EXHIBIT "B" attached and by this referenc�de a rt here This proposal does meet the k /]4, /' approval Office. C. R. N, . ��P,y $ ,, yor. WILLIA;l1 J. Fl Land Surveyor By Date &Pat 1980 r< Z.w s. - w. •lS ps. w... CA;i m t to ab vim_ {r, •� ^t! ,/ S/ N JUN `ri O� �� u1 . w Q 1t ' \� ' ' J '�i S� • .d1 CO 9 O h 0� 0 2 o Q 4 '. 7 CD •,,.• ;• 2\,h e_G`' tag _ :: z 1 , P� lb i • C'3 by e'�, -77.0 OL Q` L CP Z ^� O � F- N a co . a V cc a � ca ca z N CY ,9 •''- w Z ti CL 1 ct Z vi O m 0 Lu LW to U " _ ..__.pt�.y. _..•�.� ._._mod_ _L_ _ _ _ .. W w w "x - ..: C� zU) OP. }o Z CL O 1 °A a Q W 0 oz Yl •lJ � �Q o `• Y X J O .00.0 g aD X w 7 a o z i, > L O Z ,`i S V ul� r x O '' + o cL N U x •r'' 0 CL _ Lu m w a 0��c�25 N LIE, oC _ o Z o Z o '? °m CL W O 1 Z O X w ie 4 Q Q ~ Z �z ~ wQ LD h a m r- �X X ci : w W z U w ClC w U Z U p p V U S Q Z c Z .bi •'.�i.TC• �rt!^..K s� �� i�L .'.. �s� � .4�vwT #.- -tFGdt � �� '.....i ..r.. fa December 2?, 1980 CITY OF NEWPORT BEACH Executive Officer Local Agency Formation Commission Orange County 10 Civic Center Plaza, Room 458 Santa Ana, California 92701 OFFICE OF THE CITY CLERK (714) 640 -2251 RESOLUTION INITIATING ANNEXATION PROCEEDINGS AND SETTING A HEARING THEREON (OXBOW ANNEXATION NO. 88 - CITY OF NEWPORT BEACH) As directed, enclosed is a certified copy of the subject resolution. Wanda E. Andersen Citv Clerk Encl. C HY hall • ;1300 Newport Boulevard. Newport Beach. California 92663 # • CITY OF NENNTPORT BEACH Deca:u,e_ 24, 1980 To: General Crude Oil Co. P.O. Box 1587 : iwport Beach, Ca. 92663 Armstrong Petroleum Corp. P.O. Box 1546 Newport Beach, Ca. 92663 OFFICE OF THE CITY CLERK (714),640-2251 Beeco, Ltd. P.O. Box 1028 Newport Beach, Ca. 92663 Mobil Oil Corporation P.O. Box 290 Dallas, Texas 75221 RESOLUTION INITIATING ANNEXATION PROCEEDINGS AND SETTING A HEARING THEREON (OXBOW ANNEXATION NO.88) Enclosed is a certified copy of-"subject-resolution. Public hearing is scheduled for January 26, 1981, at 7:30 p.m., City Council Chambers. Wanda E. Andersen City Clerk Encl. Cite hall • 3300 Newport Botdevard. Newport Beach, California 92663 _I RESOLUTION N0. 9 952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING ANNEXATION PROCEEDINGS AND SETTING A HEARING THEREON (OXBOW ANNEXATION NO. 88 - CITY OF NEWPORT BEACH) .iEREAS, the Local Agency Formation Commission of Orange County, Caifornia, on December 10, 1980, adopted its Resolution No. 80 -9- which designated the City of Newport Beach as the con- ducting authority and declared that the City Council of the City of Newport Beach was directed to initiate annexation proceedings in compliance with its resolution; and WHEREAS, pursuant to Government Code S 35000 et seq., the City Council of the City of Newport Beach desires to initiate proceedings to annex certain property to the City of Newport Beach, more particularly described hereinafter and referred to as Oxbow Annexation No. 88; and WHEREAS, the City of Newport Beach, as lead agency, has determined the proposed annexation to be categorically exempt from the requirements of the California Environmental Quality Act of 1970, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ewport Beach as follows: 1. The City of Newport Beach hereby commences pre- liminary proceedings to annex said territory to the City of Newport Beach, and the City of Newport Beach shall be liable for and pay all proper expenses incurred in conducting proceedings in compliance with the law of the State of California and the .? resolution adopted by the Local Agency Formation Commission of Orange County, California, its Resolution No. 80 -97. 2. The Local Agency Formation Commission of Orange County designated said annexation as "Oxbow Annexation No. 88" to the City of Newport Beach, the legal description of which is attached ^ereto marked Exhibit "A" and incorporated herein by this re`erence. i. The territory to be annexed is found to be uninhabited. follows; 4. The reasons for the proposed annexation are as A. To annex into City-territory City -owned or - operated oil production facilities; B. To extend City police powers and functions to City- owned or - operated oil production facilities; C. To eliminate or reduce real and personal property taxes which could be imposed on said property, should the property be located outside the corporate limits of the City of Newport Beach; and D. To reduce or eliminate the County of Orange oil severance tax and other taxes imposed by the County of Orange upon the operation of oil production facilities by a city where the wellhead is located outside the corporate limits of the city operating said facilities. 2 r y 0 0 5. The Local Agency Formation Commission of Orange County, California, imposed no conditions on the proposed annexation. 6. A hearing on the proposed annexation shall take place on Monday, January 26, 1981, at 7:30 p.m. in the City Council C :.umbers of the City of Newport Beach, 3300 Newport Boulevard; _ dewport Beach, California. 7. Any owner of land within the territory proposed to be annexed; or any registered voter residing therein, may file a written pretest against the annexation with the City Clerk of the City of Newport Beach at any time prior to the conclusion of the hearing. being conducted by the City Council of the City of Newport Beach on the proposed annexation. rrr, BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and lArected to mail a copy of this resolution initia- ting proceedings to the Executive Officer of the Local Agency W1 A Formation Commission of Orange County, Cali rnia. i The City Clerk further shall cause notice of the hearing to be given as provided In 5 35055%of the California Government Code, including notice to the -Cot my of Orange, the Executive Officer.of the Local Agency Format ion,__^ommission of. Orange County, California, to owners of territory within the proposed annexation, and to any person who has filed his name and address with the City Clerk and has requested such mailed notice. r 3 DEC 2 2 ADOPTED this day of , 1980. Mayor ATTEST: ty Cler HRC /kv 122280 ~ 40 40 NOV 24 1980 RESOLUTION NO. 6AL30- gy fhe CITY COUNCIL CITY. OF NCOORT p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AGREEING TO ACCEPT AN EXCHANGE OF PROPERTY TAX REVENUES AS SET FORTH IN THE MASTER PROPERTY TAX TRANSFER AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONJUNCTION WITH THE OXBOW ANNEXATION WHEREAS, the City of Newport!Beach proposes to annex certain real property commonly referred to as "The Oxbow" (Annexation No. 88) presently under the jurisidiction of the County of Orange; and WHEREAS, Section 99 of the Revenue and Taxation Code requires that all local agencies subject to any jurisdictional change must agree on an exchange of property tax revenues prior to the issuance of a certificate of filing of any resolution requesting intiation of preliminary proceedings of annexation; and WHEREAS, the County of Orange has prepared a Master Property Tax Transfer Agreement which establishes a formula for allocation of property taxes between local agencies in the event of a jurisdictional change; and WHEREAS, by Resolution No. 9929 , adopted November 10, 1980, the City Council of the City of Newport Beach has authorized the execution of said Master Property Tax Transfer Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the City of Newport Beach hereby agrees to accept the exchange of property tax revenues as set i - f1� 40 forth in the Master Property Tax Transfer Agreement, a copy of which is attached hereto and incorporated by reference, in connection with the proposed annexation of The Oxbow. ADOPTED this `�_ day of �IM14 O_ , 1980. ATTEST: City Clerk Mayor 2 -Pr RHB /kv 111080