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Home My WebLink AboutC-2237 - Pre-Annexation AgreementCITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER January 12, 1981 COUNCIL AGENDA NO. H -2(f) TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: PRE - ANNEXATION AGREEMENT On December 22nd., I met with officials of the Mobil Oil Cor- poration to review their reasons for protesting the annexation by the City of the areas containing the surface pumping equipment of the Armstrong Petroleum Corporation. They indicated that Mobil Oil Corporation's con- cern was the possible prohibition in the future of oil production in the annexed areas. The City Charter concerning this specific subject states as follows: -- "Section 1401. Oil Well Drilling. No drilling for, ex- ploration work of any kind, production or refining of, oil, gas or other hydrocarbon substances shall be permitted with- in that area of the City of Newport Beach as such limits exist as of the effective date of this Charter. The prohibi- tions shall include the City of Newport Beach. **Underscoring added This section has been interpreted by legal counsel to "grandfather" oil production activities in areas annexed after the effective date of the Charter (1955) and would, therefore, apply to the two areas proposed for annexation to the City. The Pre - annexation Agreement, consistent with the City Charter. permits Mobil Oil Corporation to produce oil from those areas being annexed to the City of Newport Beach. The proposed Pre- armex- tion Agreement is consistent in every respect with the City's Charter. If the City Council approves of this Pre- annexation Agreement. Mobil Oil Corporation will again review the matter and probably will with- draw their objections to the City's annexation. The Agreement is contingent upon the withdrawal by Mobil of their protest. Page -2- The hearing on the annexation has been scheduled by the City Council for January 26, 1981. If the Pre - annexation Agrement, as out- lined above, is adopted on January 12th it will provide two weeks for the Mobil Oil Corporation to reconsider and to withdraw their objections. rt �Gv ROBERT L. WYNN �r 5A a(wr d Paw- q ew i �,-erj GE 4 99ATY COUNCIL By CITY OF 1�T�ies Director SUBJECT: OXBOW ANNEXATION NO. 88 (WEST NEWPORT OIL WELLS) RECOMMENDATIONS: December 22, 1980 CITY COUNCIL AGENDA ITEM NO. H -2 (i Adopt a Resolution initiating proceedings for Annexation No. 88. 2. Set Public Hearing for January 26, 1981. DISCUSSION: On November 10, 1980 the City Council adopted Resolution 9921 applying to the Local Agency Formation Commission (LAFCO) for authorization to annex to the City certain uninhabited territory contiguous to the City of Newport Beach and known as Oxbow Annexation No. 88. The areas proposed for annexation are shown as Parcels A and B on the attached Exhibit "A ". On December 10, 1980 the Local Agency Formation Commission (LAFCO) after holding a public hearing adopted Resolution No. 80 -97 designating the City of Newport Beach as the conducting authority and directed the City to initiate the annexation proceedings. The City, as lead agency, has determined that the proposed annexation to be categorically exempt from the requirements of the California Environmental Quality Act of 1970. The purpose of the annexation is to allow the City to provide services like Police and Fire to the area and to eliminate the need to pay both property and mineral taxes to the County. sep Devlin flit' Director JTD:bc Attachment ,,, IIIAAA///,,, ✓ V � iv LV A l! Y r V ` tj IV 'L V A Az� xs a, y rn '. °1 ili 1e Y mm zt pp ;44 E. 1 4, MET A RESOLUTION NO. 8952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING ANNEXATION PROCEEDINGS AND SETTING A HEARING THEREON (OYBOW ANNEXATION NO. 88 - CITY OF NEWPORT BEACH) KHEREAS, the Local Agency Formation Commission of Orange County; California, on December 10, 1980, adopted its Resolution No. 80 -97 *.rich designated the City of Newport Beach as the con- ducting auz-h1ority 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 § 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 Newport 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 C/ M • resolution adopted by the Local Agency Formation Commission of Orange Co)anty, 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 attache, hereto marked Exhibit "A" and incorporated herein by this reference. 35 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 power:, 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 i 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_,ambers of the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California. 7. Any owner of land within the territory proposed to be annexed, or any registered voter residing therein, may file a written protest 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. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to mail a copy of this resolution initia- ting proceedings to the Executive Officer of the Local Agency Formation Commission of Orange County, California. The City Clerk further shall cause notice of the hearing to be given as provided in § 35055 of the California Government Code, including notice to the County of Orange, the Executive Officer of the Local Agency Formation. Commission 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. II/ 3 0 0 ADOPTED this day of , 1980. ATTEST: City Clerk 4 HRC /kv 122280