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HomeMy WebLinkAboutC-3478 - Cooperative Agreement for Newport Coast0.346 COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT ( "Agreement"), dated October 9, 2001 for purposes of identification, between the COUNTY OF ORANGE ( "County ") and the CITY OF NEWPORT BEACH ( "Cit)(") is based on following: RECITALS WHEREAS, the City is in the process of annexing approximately 7,799 acres of property commonly known as the Newport Coast (Property). The Property, which is described. in Exhibit A and depicted in Exhibit B, is currently in the unincorporated area of County and was wholly owned by The Irvine Company (Company) during the planning for development. WHEREAS, the County has, for thirty (30) years, planned_ for the development and use of the Property and related infrastructure. The manner and timing of the development of the Property is an extremely complex issue that has been subject to intense public scrutiny and participation. The development of the Property is the subject of numerous agreements and planning documents and is a matter of regional importance. The following are examples of the complexity of the issues resolved through the planning process, relevant planning documents and the many agreements that protect the interests of the public and the Company: A. The County and the California Coastal Commission have ensured preservation of that valuable habitat by requiring dedication to public agencies subject to Company's right and ability to develop portions of the Property in accordance with the Development Plans and Development Approvals. The County, in planning the Property, has identified significant portions of the Property that contain valuable habitat that is of regional significance and is, or is intended to be, designated as part of the Natural Communities Conservation Plan for the Central and Coastal Subregions of Orange County (NCCP). The NCCP is a complex agreement between property owners (including the Company) and' public agencies (including the County) to ensure the preservation of large contiguous areas of habitat for endangered species. B. The Company has constructed or contributed to the construction of public improvements on, or in the vicinity of, the Property that serve regional transportation demand and that are vital to the regional transportation system. These improvements, many of which have been constructed at the sole cost of the Company, have been made in consideration of the right to develop the Property in conformance with the Development Plan. These improvements include the construction of Newport Coast Drive, the extension of San Joaquin Hills Road, the Cooperative Agreement 1 of 30 L 0 widening of Pacific Coast Highway, and participation in the construction of the San Joaquin Hills Transportation Corridor. WHEREAS, the County has adopted, and the California Coastal Commission has approved or certified,. a Local Coastal Program (LCP), Master Coastal Development Permit (MCDP) and other documents governing development of that portion of the Property that is subject to the California Coastal Act ( "Coastal Zone Area "). State law provides that, under the circumstances present in this case, the County retains jurisdiction to issue coastal development permits for the Coastal Zone Area subsequent to City's annexation of that portion of the Property. WHEREAS, the County and the Company have entered into a comprehensive Development Agreement (DA) for the Property that, among other things, serves as a mechanism for ensuring that the public receives the full benefits, including the dedication of valuable habitat, that will result from development of the Property. In addition to the DA, the County and the Company are signatories to the NCCP. WHEREAS, the NCCP and the Development Approvals for the Property prepared by or on behalf of the County represent an extremely complex and integrated plan for the preservation and development of the Property. The administration and implementation of these Development Approvals and the NCCP requires a level of staffing, expertise, knowledge and experience that can only be found in the County employees and officials that have been intimately involved in the planning process. The failure to properly administer or implement the NCCP and /or the Development Approvals could deprive the public of the benefits of the proposed dedications of valuable habitat or interfere with the development rights of landowners that are preconditions to the dedication of open space. WHEREAS, City has adopted general plan and zoning designations for the Property, and approved an Annexation and Development Agreement (ADA) with Company to ensure that annexation of the Property does not prevent or delay the proposed dedications of valuable habitat or development of the Property to the full extent permitted by the Development Plan and Development Approvals. The ADA is incorporated herein by reference. However, City does not presently have staff sufficient to administer or implement the Development Approvals or the Development Plan. City and County intend, through this Agreement to transfer to the County, upon annexation of the Property, the responsibility for processing all permits and approvals necessary to facilitate the habitat dedications and development consistent with the Development Plan. Accordingly, the City will, immediately upon annexation, provide the entire Property with fire, police and refuse collection as well as other municipal services except those transferred to the County pursuant to this Agreement. The City will assume the provision of land use and code enforcement services within each Planning Area when that Planning Area is Fully Improved. Cooperative Agreement 2 of 30 s • • WHEREAS, City and County are public entities possessing the common power to review and approve applications for administrative and ministerial permits for development, including coastal development permits, subdivision maps, conditional use permits, grading permits and building permits, and approvals related to the planning for, and development of, real property. City and County also have the common power to accept dedications for open space or habitat protection, to develop and maintain recreational facilities and to create and administer assessment districts pursuant to provisions of State and /or local law. Government Code Sections 51300 et seq. authorize a county to contract with a city for the performance of municipal functions common to both agencies by designated county officers and employees. This Agreement fully complies with all State statutory and constitutional provisions related to the transfer of municipal functions from a city to a county. WHEREAS, this Agreement achieves the objectives of the Parties, such as the efficient implementation and administration of the Development Approvals and Development Plan, by authorizing the County to exercise all land use and building authority of the City relative to each Planning Area upon annexation and until a Planning Area is fully improved. This Agreement also will ensure Company's consent to proceed with the immediate annexation of the entire Property in accordance with the requirements of the ADA. This Agreement is consistent with provisions of State law, specifically SB 516, that require implementation of a certified local coastal program by a county with respect to property annexed by a city that does not have a fully certified local coastal plan. Finally, this Agreement will provide a vehicle for ensuring that all conditions to development are satisfied and that any proposed modification to any Development Approval or the Development Plan not impair or affect the right of the Company to develop the Property to the full extent permitted by the Development Approvals and Development Plan. NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, or all letters capitalized, when used in the Agreement. The defined terms include the following: Cooperative Agreement 3 of 30 0 0 1.1.1 "ADA" means the Annexation and Development Agreement entered into by and between City and Company on August 23, 2001. 1.1.2 "Agreement' means this Cooperative Agreement. 1.1.3 "Coastal Zone Area" means that portion of the Property subject to the California Coastal Act (Public Resources Code §30000 at seq). 1.1.4 "City' means the City of Newport Beach. 1.1.5 "Company' means individually and collectively The Irvine Company and Irvine Community Development Company, and, where appropriate in context, their respective successors in interest to all or any part of the Property. 1.1.6 "County' means the County of Orange, a political subdivision of the State of California. 1.1.7 "Development" whether or not capitalized means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project. The term development includes grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures and the installation of landscaping and park facilities and improvements. The term "Development" does mean any building or grading activity within any Planning Area after that Planning Area, is Fully Improved. 1.1.8 "Development Approvals" means all permits, licenses, consents, rights, and privileges, agreements and other actions that:, (i) are approved by County; (ii) are subject to approval or issuance by County, or (iii) represent agreements between the City and Company that relate to Development of the Property. The term "Development Approvals" includes all actions described above which are permitted, issued, agreed upon or otherwise taken before the assumption of land use authority by the City over a Planning Area after that Planning Area is Fully Improved. "Development Approvals" also includes any modification or Cooperative Agreement 4 of 30 0 0 amendment of those actions before the assumption of land use authority by the City over a Planning Area after that Planning Area is Fully Improved. The term "Development Approvals" includes (including any modifications or amendments as described above), but is not limited to, those Development Approvals shown on Exhibit C and the following: (a) General plans and general plan amendments; (b) Specific plans and specific plan amendments; (c) Local Coastal Programs including the Land Use Plan and all implementing ordinances; (d) Zoning and rezoning; (e) Tentative and final subdivision and parcel maps; (f) Variances, conditional use permits, master plans, and plot plans; (g) Master Coastal Development Permits and Coastal Development Permits; (h) Grading and building permits; and (i) Development Agreements and Annexation and Development Agreements. 1.1.9 "Development Plan" means the plan for Development of the Property, including the planning and zoning standards, regulations, and criteria for the Development of the Property contained in and consistent with the Development Approvals. The components of the Development Plan are more fully described in Exhibit C. 1.1.10 "Fully Improved" means that the County has issued certificates of occupancy (or similar evidence that the all structures have received all inspections and fully comply with all laws such that there is no further condition to occupancy) for all development permitted in any Planning Area pursuant to the Development Approvals and Development Plan. Cooperative Agreement 5 of 30 1.1.11 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and. official policies governing Development and use of land applicable to the Property pursuant to the Development Approvals, the Development Plan, this Agreement and the ADA. The term "Land Use Regulations" includes ordinances, resolutions, rules, regulations and official policies related to the permitted use of land, the density or intensity of use, subdivision requirements and the maximum height and size of proposed buildings. The term "Land Use Regulations" also includes ordinances, resolutions, rules, regulations and official policies governing the reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property. 1.1.12 "Planning Area° means one of the 22 numbered Planning Areas within the Property that have been created by the Land Use Regulations, Development Approvals and/or the Development Plan and that are depicted in the map attached as Exhibit D. For the purposes of this Agreement, a Planning Area shall include any lettered divisions of a Planning Area (for example, Planning Area 21 includes 21 -a, 21 -b, and 21 -c). 1.1.13 "Project' means the Development of the Property consistent with the Development Approvals, Land Use Regulations and/or Development Plan. 1.1.14 "Property' means the real property described in Exhibit A and shown on Exhibit B to this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit A — Legal Description of the Property. Exhibit B — Map of the Property. Exhibit C — List of County Development Approvals. Exhibit D — Map of Planning Areas. Exhibit E — Orange County LAFCO's Condition Relating to Open Space Areas. Cooperative Agreement 6 of 30 • • Exhibit F — Map of Open Space and Recreational Areas to be Retained by the County. 1.3 Construction. The word "include" or any form of the word "include" shall be construed and interpreted to add the phrase "without limitation." 2. OBJECTIVES AND INTENT 2.1 Objectives. The objectives of this Agreement are to: 2.1.1 Ensure that, following annexation of the Property to City, the Property is developed in substantial compliance with, and to the full extent permitted by, the Development Approvals and the Development Plan. 2.1.2 Ensure that development of the property proceeds in a manner that preserves the public benefits associated with the Development Approvals and Development Plan including the dedication of valuable habitat and open space. 2.1.3 Effect a transfer of land use authority from the City to the County upon annexation with the City to assume land use authority-over individual Planning Areas when Fully Improved and City is in possession of necessary planning and building records. 2.1.4 To provide a process for the transfer of documents necessary to City's assumption of land use authority and a mechanism for facilitating City's right to monitor development as provided in the ADA. 2.1.5 To presence County's ownership, after annexation, over open space and habitat to the extent contemplated by the Development Approvals, Development Plan and related agreements such as the NCCP. 2.1.6 To provide a mechanism for City assumption of title to certain open space and for modifying the recreational facilities and open space provisions of the Development Approvals and the Development Plan without impacting Company's development rights, the NCCP or County's regional park plans. 2.1.7 To provide for the administration of existing assessment districts and the formation of new or modified districts by County personnel and Cooperative Agreement 7 of 30 • • consultants who have previously performed those tasks with respect to the Property. 2.2. Intent. The Parties, through this Agreement, intend that the County have and exercise after annexation the same power, right and control over the administration, approval and implementation of land use, assessment district and open space /habitat authority over the Property as the County exercised before annexation. The Parties also intend that the City will assume land use authority over any Planning Area within twelve (12) months after the Planning Area is Fully Improved. The Parties also intend that the County shall exercise land use and other authority in substantial conformance with the Development Approvals and Land Use Regulations in effect as of the Effective Date of this Agreement. This Agreement and the ADA shall be administered, implemented, construed and interpreted in a manner that is consistent with the Development Approvals, the Development Plan and the "intent" and "purpose" provisions of this Agreement. 3. AUTHORITY TRANSFERRED TO THE COUNTY 3.1 Transfer of Land Use Authority. 3.1.1 Transfer of Authority. The City transfers to the County, upon annexation, the power and authority to review, approve, conditionally approve, modify, amend and/or disapprove Development Approvals and Land Use Regulations with respect to the Property (Land Use Authority). This Land Use Authority includes routine code enforcement, the review and approval of all plans and specifications for development, the issuance of all grading and building permits, all inspections of structures and improvements, and the enforcement of ordinances relating to construction, grading, erosion control and site cleanup and occupancy. 3.1.2 Conditions. The County shall exercise Land Use Authority in substantial compliance with: (i) the provisions of the Development Approvals, Development Plan and the ADA; (ii) conditions imposed by any State or local agency; and (iii) legally enforceable restrictions and limitations on development of the Property. 3.2 Transfer of Open Space and Related Authority. 3.2.1 Ownership Upon Annexation. The terms and conditions of annexation imposed by LAFCO state that the City will assume Cooperative Agreement 8 of 30 ownership of all County property upon annexation except as otherwise provided by agreement (see Exhibit E). City, pursuant to this Agreement waives all rights to assume ownership of County property upon annexation and County agrees to maintain ownership of its property until title is transferred pursuant to this Agreement or another agreement. City and County shall, subsequent to annexation, meet and confer on a regular basis to determine when and if any County property should be transferred to the City. County shall transfer County property to City if and as necessary to enable City to fulfill its obligations to Newport Coast residents relative to the construction of a community center, the development, operation and maintenance of active recreational facilities and the maintenance of slope, parkways and medians. County shall have no obligation to transfer to City any property designated as open space or habitat by the NCCP or any property that is part of the County's regional parts plan. A map of the open space areas to be retained by the County is included as Exhibit F. 3.2.2 Offers of Dedication. City, by this Agreement, transfers to County the right and responsibility to accept any offer of dedication of park and /or open space land to the extent contemplated or required by the Development Approvals, the Development Plan, the NCCP or any other agreement. County shall assign to City the right to accept an offer of dedication with respect to any property that City requires to fulfill its obligations to Newport Coast residents as„ specified in Subsection 3.2.1 3.2.3 Restrictions on Transfer. The rights and duties of City and County pursuant to this Section shall not be exercised in a manner that could impair Company's rights to fully develop the Property pursuant to the Development Approvals and Development Plan. In no event shall County transfer any property to City that is designated as part of a habitat conservation plan such as the NCCP. 3.3 Assessment District Authority. City transfers to the County, upon annexation and to the maximum extent permitted by law, all rights, duties and obligations relative to the administration of any existing assessment district that affects some or all of the Property (Assessment District Authority). County shall also retain the right to form and administer new assessment districts provided that no new or increase special tax or levy is imposed on any person or property except as expressly permitted by law. County and City shall fully cooperate in any review conducted by City or its Cooperative Agreement 9 of 30 representatives with respect to the formation of, or assessments imposed pursuant to, any existing or new assessment district. With respect to any proposed new assessment district respecting any portion of the Property still owned by Company, City hereby grants to County the consent required by Section 10103 of the Streets and Highways Code of the State of California. 3.4 Term. The County shall retain all the Open Space Authority and Assessment District Authority for the maximum term permitted by law. County shall retain all Land Use Authority for each Planning Area, provided that City shall assume Land Use Authority for a Planning Area when that Planning Area is Fully Improved and the City is in possession of records that enable the City to provide planning and building permit services for that Planning Area. The County shall notify the City, in writing, within ten (10) days after the County has determined that any Planning Area is Fully Improved. 4. SPECIAL PROVISIONS 4.1 City Resolutions. City has, prior to the Effective Date of this Agreement, adopted resolutions that ensure consistency between the Newport Beach General Plan/Zoning Ordinances and the Development Approvals and Development Plan. The City Council has also authorized the execution of this Agreement by the City Manager and determined that this Agreement is fully consistent with the authority of the City and City Council pursuant to law. 4.2 City Commitments. City, in exercising any authority over the Property shall fully comply with, and conform to, the provisions of the Development Approvals and Development Plan including the ADA, the Local Coastal Program, and the Master Coastal Development Permit. City shall not take any action that could prevent, interfere with, or delay development of the Property to the full extent permitted by the. Development Approvals, Development Plan, the City's General Plan and/or the ADA. City shall not take any action, except as authorized in Article 3, that would delay, prevent or interfere with any dedication of open space or valuable habitat by the Company or any acceptance of open space or valuable habitat by the County or other entity. 4.3 County Consideration. City agrees that County shall be entitled to charge, receive and retain all fees charged pursuant to the retention of Land Use Authority, Open Space Authority or Assessment District Authority. County shall be entitled to charge, receive and retain all customary fees including building permit fees, grading fees, and inspection fees. The fees charged by Cooperative Agreement 10 of 30 • • the County shall be the County's sole consideration for all services performed and the exercise of all authority transferred pursuant to this Agreement. The fees charged by the County shall also be the County's sole' consideration for the transfer of records as specified in Section Article 5. 4.4 County Officers. The County Executive Officer (CEO) shall designate the County officers, employees and contractors that are to perform the services contemplated by, and exercise the authority transferred pursuant to, this Agreement. The Parties contemplate that the CEO will designate the same officers, employees and contractors that have, prior to the effective date of this Agreement, been performing services or exercising powers related to Land Use Authority, Open Space Authority or Assessment District Authority. 5. COOPERATION. 5.1 Cooperation. City shall provide any assistance requested by County with respect to the implementation and administration of the Development Approvals, the Development Plan and this Agreement. City and County shall cooperate with one another relative to any action necessary to ensure that County retains the authority to perform the functions required by, or to achieve the objectives of, this Agreement. 5.2 Monitoring. City and County shall also cooperate with one another to facilitate City's right to monitor implementation of the Development Plan and the conditions to the Development of the Property. County shall maintain a list of pending activities related to implementation of the Development Plan and provide City with a copy of the list once each ninety days during the Term. 5.3 Records. City and County shall, during the initial one hundred and eighty (180) days of the Term, evaluate the type and nature of County records, and the mechanisms for the transmission of those records, that would facilitate the City's assumption of Land Use Authority after any Planning Area is Fully Improved. In evaluating the type and nature of the records, the Parties shall give special consideration to the type of information that is necessary to issue building permits for other than initial construction and the provision of municipal services such as police, fire personnel and property maintenance. In evaluating the mechanism for transmission, the Parties shall give special consideration to the format and medium for transmitting relevant information that would be most easily incorporated into the City's databases and that would minimize the cost of transfer /transmittal. The Parties shall, within one hundred and eighty (180) days after the Effective Date, implement a program Cooperative Agreement 11 of 30 0 0 for transmission of all records determined to be relevant to the City's exercise of Land Use Authority. Any inability on the part of either Party to implement this program shall not impair the validity of this Agreement. 6.. THIRD PARTY BENEFICIARY. City and County agree that the Company is a third party beneficiary of this Agreement. Accordingly, Company shall have the right to enforce the terms and provisions of this Agreement against City and /or County without. assertion of any affirmative defense related to standing so long as Company has not fully developed the Property pursuant to the Development Approvals. City and County specifically agree and acknowledge that, by allowing early annexation of the Property as provided in the ADA, Company will have fully relied upon the enforceability of this Agreement against City and County and that Company is reasonably relying on the enforceability of this Agreement. 7. MISCELLANEOUS PROVISIONS 7.1 Tenn of Agreement. Subject to the provisions of Article 3, this Agreement shall continue in full force and effect with respect to the Property for a period of five (5) years and shall continue in full force and effect thereafter until all entitlement granted by the Development Approvals has been completed or unless the conditions for expiration specified in Section 51302 of the Government Code are satisfied. 7.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are. expressly stated in this Agreement. No testimony or evidence of any such representations, understandings, or covenants shall be admissible in any proceeding or any kind or nature to interpret or determine the terms or conditions of this Agreement. 7.3 Severability. If any term, provision, covenant, or condition of this Agreement is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this Agreement shall nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions. 7.4 Interpretation and Governing Law. This Agreement and any related dispute shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed according to its fair language and common meaning to achieve the objectives and purposes of Cooperative Agreement 12 of 30 the Parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement since all Parties have been represented by counsel. 7.5. Indemnification. City shall defend, indemnify, and hold harmless the County and its officers, employees and agents with respect to any claim, damage, loss, cause of action, lawsuit or proceeding that arises out of or is in any way related to any act or omission by City or its officers, employees or agents in the performance or non - performance of any duty or obligation pursuant to this Agreement. County shall defend, indemnify, and hold harmless the City and its officers, employees and agents with respect to any claim, damage, loss, cause of action, lawsuit or proceeding that arises out of or is in any way related to any act or omission by County or its officers, employees, or agents in the performance or non- performance of any duty or obligation pursuant to this Agreement. 7.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 7.7 Singular and Plural. As used herein, the singular of any word includes the plural. 7.8 Waiver. The failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure of a Parry to exercise its rights upon the default of the other Party, shall not constitute a waiver of that Party's right to demand and require, at any time, the other Party's strict compliance with the terms of this Agreement. 7.9 Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and their successors and assigns. Except as expressly provided in Article 6, no other person shall have any right of action based upon any provision of this Agreement, provided, however, that the fee owners of any non - residential parcels in the area to be annexed to City pursuant to the ADA may elect to be covered by the Agreement. 7.10 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. Cooperative Agreement 13 of 30 • • 7.11 Specific Performance. The Parties acknowledge that monetary damages would be inadequate to remedy any breach of this Agreement by either Party. Accordingly, the Parties agree that any breach of this Agreement shall entitle the non - breaching Party to file an action for specific performance in a court of competent jurisdiction. In no event shall either Party be liable for monetary damages in the event of a breach of this Agreement. 7.12 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same affect as if all of the parties had executed the same instrument. 7.13 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California. The Parties waive all provisions of law providing for the filing, removal or change or venue to any other court. 7.14 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated by this Agreement to achieve the objectives of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record instruments and writing. The Parties shall also take any action as may be reasonably necessary under the terms of this Agreement to carry out the intent and to achieve the objectives of this Agreement. 7.15 Amendments in Writing /Cooperation. This Agreement may be amended only by written consent of the parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of Development Agreements. The Parties shall cooperate in good faith with respect to any amendment proposed in order to clarify that intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. 7.16 Authority to Execute. Any person or persons executing this Agreement on behalf of the City and County warrants and represents that he /she has the authority to execute this Agreement on behalf of his /her agency and to bind that Agency to the performance of its obligations pursuant to this Agreement. 7.17 Notice. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and shall be deemed served when Cooperative Agreement 14 of 30 delivered personally or on the third business day after deposit in the United States mail, postage prepaid, first class mail, addressed as follows: All notices, demands, requests or approvals to CITY shall be addressed to: City of Newport Beach City Manager's Office 3300 Newport Boulevard PO Box 1768 Newport Beach, California 92658-8915 All notices, demands, requests or approvals to COUNTY shall be addressed to: Director of Planning and Development Services County of Orange 300 North Flower Street Santa Ana, California 927035000 All notices, demands, requests or approvals to Company shall be addressed to Vice President for Entitlement (Newport Coast) 550 Newport Center Drive Newport Beach, CA 92625 7.13 Effective Date. This Agreement shall become effective as of the date on which the City annexation of all or a portion of the Property becomes effective. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. COUNTY: Y C nthia P. Coad, Board Chair County of Orange, State of California Cooperative Agreement 15 of 30 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE BOARD CHAIR a By: U Darlene J. Bloom, Clerk 'FORS of the Board of Supervisors APPROVED AS TO FORM: M Ben deMayo, County Counsel iI -z --0 ��, Deputy CITY: By: Garold B. Adams, Mayor of the City of Newport Beach ATI IN I of the City of Newport Beach APPROVED AS TO FORM: in Dbert H. Burnham, City Attorney r the City of Newport Beach F:\users\cat\shared\da\Ag\NewportCoast\Cooperative\102301 final.doc Cooperative Agreement 16 of 30 0 EXHIBIT 'A' NEWPORT COAST ANNEXATION NO.CA01 -06 TO THE CITY OF NEWPORT BEACH BLOCKS; 5151; 5152, 5251 5252, 5253, 5351 5352 MODULES. VARIOUS 0 BEING THOSE PORTIONS OF BLOCKS 91, 95 -98, 3.28 -134, 161 -164 OF IRVINE'S SUBDIVISION AS SHOWN ON A MAP THEREOF FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS AND PARCEL 2 AND A PORTION 'OF PARCEL 1 PER CORPORATION GRANT DEED BOOK., 13439, PAGE 94 -132, RECORDED DECEMBER 19, 1979, IN THE OFFICE OF THE COUNTY RECORDER OF.THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE EXISTING. C_TY OF NEWPORT BEACH BOUNDARY AS ESTABLISHED BY REORGANIZATION N0. R097 -35, "BONITA CANYON ANNEXATION'TO THE CITY OF NEWPORT BEACH AND DETACHMENT OF THE SAME TERRITORY FROM THE CITY OF IRVINE ", SAID ANGLE POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH- 1_058'31" EAST 11.29 FEET" IN SAID REORGANIZATION NO. R097 -35, SAID POINT ALSO BEING DISTANT NORTH 26 242'33" EAST 3071.87 FEET FROM ORANGE COUNTY SURVEYOR'S HORIZONTA= CONTROL STATION GPS NO. 6247; HAVING A COORDINATE V =,UE (U.S. SURVEY TOOT) OF, NORTH 2173287.386 AND' EAST 6074018.521, BASZD UPOS THE CALIF RN =A COORDINATE SYSTEM (CCS83), ZONE VI. 1983 NAD (199 -.35 EPOCH O.C.S. GPS ADJUSTMENT) AS SAID GPS POINT IS SHOWN ON TRACT MAP NO. 13945, RECOR =E7 IN BOOK 8C -, PAGES 18 -25 INCLUSIVE, OF MISCELLANEOUS MAPS 'IN THE OFF=__ OF THE COUNTY, RECORDER OF SAID COUNTY, BEING .COMMON =0 "F__RBOR VIEWS - ::LLS - PHASE 3" ANNEXATION TO THE CITY OF NEWPORT BEACH;. THENCE CONTINUING ALONG THE EXISTING CI -Y BOL -NDARY OF THE CITY OF NEWPORT BEACH PER "HARBOR VIEW HILLS -PHASE 3" NNEXA -ION, THE -1---:;..BOR VIEW HILLS SECTOR 4" ANNEXATION, THE "HARBOR RIDGE ANNEXATION NO. E9 ", THE "HARBOR RIDGE ANNEXATION N0. 82, THE "HARBOR V =EW HILLS -PHASE 3" ANNEXATION, THE "HARBOR VIEW HILLS -PHASE 4" ANNEXATION, THE " ANNEXATION NO. 57 (CENTERVIEW ANNEXATION) ", THE "HARBOR VIEW" ANNEXATION, ANNEXATION NO. 8, CITY BOUNDARY 1928 (COURT CASE NO. 23686) INCORPORATED SEPTEMBER 1, 1906; THE "CORONA HIGHLANDS" ANNEXATION, THE "SEAWARD 17" ANNEXAT =ON, THE "CAMEO HIGHLANDS" ANNEXATION, THE "ANNEXATION NO. 840, THE " CAMEO HIGHLANDS" ANNEXATION, THE "ANNEXATION NO. 64 ", THE "CA.MEO CLIFFS" ANNEXATION" THE "SHORE CLIFFS - CAMEO SHORES TIDELANDS ANNEXAATION" THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY, SOUTHWESTERLY, SOUTHEASTERLY, SOUTHERLY, WESTERLY, SOUTHERLY, EASTERLY, SOUTHERLY, WESTERLY, SOUTHERLY, cmcavvv -wcv m .cx �osns, oar se PAGE 1 Cooperative Agreement 17 of 30 EXHIBIT `A' NEWPORT COAST ANNEXATION NO.CA01 -06 TO THE CITY OF NEWPORT BEACH BLOCKS: 5151, 5152, 5251 5252, 5253, 5351 5352 MODULES; VARIOUS BEING THOSE PORTIONS OF BLOCKS 91,. 95 -98, 128 -134, 161 -164 OF IRVINE'S SUBDIVISION AS SHOWN ON A MAP THEREOF FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS AND PARCEL 2 AND A PORTION 'OF PARCEL 1 PER CORPORATION GRANT DEED BOOK 13439, PAGE 94 -132, RECORDED DECEMBER 19, 1979, IN THE. OFFICE OF THE COUNTY RECO-RDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE.POINT IN THE EXISTING C:TY OF NEWPO ?.T BEACH BOUNDARY AS ESTABLISHED BY REORGANIZATION NO. R097 -35, "BONITA CAITZON ANNEXATION TO THE CITY OF NEWPORT BEACH AMID DETACHME.iT OF THE SAME TERRITORY FROM THE CITY OF IRVINE ", SAID ANGLE POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 11058'31" EAST 11.29 FEET' IN SAID REORGANIZATION NO. R097 -35, SAID POINT ALSO BEING DISTAN= NORTH 26 242'33" EAST 3071.87 . FEET FROM ORANGE COUNTY SURVEYOR'S HORIZONTA= CONTROL STATION GPS NO. 6247; HAVING A COORDINATE V__,UE (U.S. SURVEY FOOT) OF NORTH 2173287,386 AND EAST 6074018.521, BASED UPC`: THE CALIFJRNIA COORDINATE SYSTEM (CCS83), ZONE VI. 1983 NAD (1991.35 E?':--H O.C.S. GPS ADJUSTMENT) AS SAID GPS POINT IS SHOWN ON TRACT MA? NO. : =945, RECOR= :N BOOK 8C51 PAGES 18 -25 INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF TEE COUNTY RECORDER OF SAID COUNTY, BEING COMMON =0 -HARBOR VIEWS =::L:,S - PEASE 3" ANNEXATION TO THE CITY OF NEWPORT BEACH; THENCE CONTINUING ALONG THE EXISTING C: -Y BOUNDARY OF THE CITY OF NEWPORT BEACH PER "HARBOR VIEW HILLS -PHASE 3" _VNEXA=:ON, THE t "'HA=RBOR VIEW HILLS SECTOR 4" ANNEXATION, THE "HARBOR RIDGE ANNEXATION NO. -9 ", THE "HARBOR RIDGE ANNEXATION NO. 82, THE "HARBOR VIEW HILLS -PHASE 3" ANNEXATION, THE "HARBOR VIEW HILLS -PHASE 4" ANNEXATION, THE "ANINEXNTION NO. 57 (CENTERVIEW ANNEXATION) ", THE "HARBOR VIEW° ANNEXATION, ANNEXATION NO. 8, CITY BOUNDARY 1928 (COURT CASE NO. 23686) INCORPORATED SEPTEMBER 1, 1906; THE "CORONA HIGHLANDS" ANNEXATION, THE "SEAWARD 17" ANNEXATION, THE "CAMEO HIGHLANDS" ANNEXATION, THE "ANNEXATION N0. 84 ", THE "CAMEO HIGHLANDS" ANNEXATION, THE "ANNEXATION NO. 64 ", THE "CA2`lE0 CLIFFS" ANNEXATION" THE "SHORE CLIFFS - CAMEO SHORES TIDELANDS ANNEXATION" THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY, SOUTHWESTERLY, SOUTHEASTERLY, SOUTHERLY, WESTERLY, SOUTHERLY, EASTERLY. SOUTHERLY, WESTERLY, SOUTHERLY, L{E \lAl -LOLL IM1L W[ 10611910, n PAGE 1 Cooperative Agreement 18 of 30 0 0 NEWPORT COAST ANN=ATION NOXA01 -06 SOUTHEASTERLY, SOUTHERLY, SOUTHWESTERLY, WESTERLY, NORTHWESTERLY, SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHERLY, NORTHWESTERLY, SOUTHWESTERLY; WESTERLY, SOUTHEASTERLY, NORTHEASTERLY, SOO'S'EERLY, SOUTHWESTERLY, NORTHWESTERLY AND SOUTHWESTERLY DIRECTION �'O AN ANGLE POINT ON THE BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY -SHORE CLIFFS - CAMEO SHORE TIDELANDS ANNEXATION'; THENCE LEAVING SAID CITY BOUNDARY IN A DIRECT LINE NORTHEASTERLY 3 MILES MORE. OR LESS TO A POINT ON THE MEAN HIGH TIDS OF .AE PACIFIC OCEAN; SAID POINT BEARING SOUTH 37 039'50" WEST 600 FEET MORE OR LESS FROM THE NOR:S.WEST CORNER OF PARCEL 3 OF PARR PROPERTY" AS DESCRIBED IN CORPORATION GRANT DEED TO THE STATE OF CALIFORNIA ON FILE DECEKBER 19, 1979, IN BOOK 13439, PAGE 94 -132 IN THE OFFICF. OF mig COUNTY RECORDER, SAID POINT BEING THE SOUTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED AS `NORTH 37 039'50" EAST 104.98 FEET" IN SAID DEED IN TH.' WESTERLY BOUNDARY OF PARCEL 3 OF SAID -PARK PROPERTY "; THENCE ALONG SAID SOUTHWESTERLY PROLONGATION °YORTH 37 039'53" EAST 60C FEET MORE OR LESS TO TRY. SOUTHWESTERLY ='ERM32C.S. OF THAT CERTRL: C.JRSE DESCRIBED AS "NORTH 37039'50" EAST 104 -98 ?SET" IN THE NORTx :1STERLY BOUNDARY OF SAID PARCEL 3, SAID TERM u s ALSO BFI= ON T. NORTuaAu^ERLY RIGHT OF WAY LINE OF THE PACIFIC COAST F.IGHWAY SEIIVXC- A H:G-;dAY OF VAR =ABLE WIDTH, AND FURTHER DESCRIBED IN BOOK 487, PAGE I OF D✓=EDS` =V THE C?FICE OF THE COUNTY RECORDER; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF ::AY _,_NE A:.= THE NORTHWESTERLY BOUNDARY LINE OF PARCEL 3 OF SAID °PARIS. PROPERTY*; THENCE NORTH 37 039.50" EAST 104.98 FEET TO HE BEGINNP;C OF A TANGENT 950.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHF.nST; THENCE ALONG THE ARC OF SAID CURVE; NORTHEASTERLY, 219.65 FEET THROUGH A CENTRAL ANGLE OF 13 °14'50'; THENCE NORTH 50 054'40" EAS,r 1645.45 FEET TO --AiE B::GTNNTNG OF A TANGENT 1300.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY, 1590.29 FEET ThROUGH A CENTRAL ANGLE OF 70005'24 "; - ..minis- rct.ttw.mc ,e�,uat m PACE 2 Cooperative Agreement 19 of 30 133(3HIT `A• NEMORT COAST AMMMTION 190.0801 -06 TO THE CITY OF NEWPORT SBACR THENCE NORTH 19010.44" WEST 387.88 FEET; THENCE SOUTH 84042'47' EAST 288 -52 FEET; THENCE NORTH 58039'02° EAST 1018.72 FEET; THENCE NORTH 74008'04" EAST 197.52 FEET; THENCE NORTH 60027'40" EAST 137.93 FEET; THENCE SOUTH 68054'28^ EAST 150.05 PEST; THENCE NORTH 66048'05' EAST 167,55 FEET; THENCE NORTH 04038108' EAST 74.24 FEET; THENCE SOUTH 87003'52" EAST 84.20 FEET; THENCE NORTH 23021.06" WEST 232.34 FEET: THENCE NORTH 51008'19' EAST 310.79 FEET; ^_HENCE NORTH 31050'33" EAST 223.66 FEET; THENCE NORTH 11055'46' WEST 290.27 FEET; THE.YE NORTH 30 402100" EAST 147.85 FEET; 1HENCE NORTH 35052.56" WEST 232.03 FEET; THENCE NORTH 10031'40° EAST 229.87 FEET; THENCE NORTH 46028'08' EAST 55.17 FEET; THENCE NORTH 67053'26' EAST 138.16 FEET; THENCE NORTH 38031'49' EASE 138.06 FEET: THENCE NORTH 24035'24' EAST 129.77 FEET; TfLENCE NORTH 03052'434 PAST 118.27 FEET; rmuu -un.i ia�.mc tanunt = PAGE 3 Cooperative Agreement 20 of 30 • n U SHIT • A' REWl'ORT COAST ARNESATIOR NO.CA01 -06 TO TIM CITY OF REWPOAT MACH THENCE NORTH 19 °50'41" EAST 141.40 FEET; THENCE NORTH 49 001'42' EAST 150.97 FEET; THENCE NORTH 73052'21" EAST 172.80 FEET; THENCE NORTH 60049'09' EAST 176.38 FEET; THENCE NORTH 11048'47' EAST 312.62 THENCE NORTH 03021'59" WEST 272.47 FEET TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBER AS "SOUTH 28 044.47" FAST 328.52 FEET' IN THE EXISTING WESTERLY BOUNDARY OF "PARR PROPERTY' AS DESCRIBED IN CORPORATION GRANT DEED TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 17, 1981 ON FILE IN BOOR 14292, PAGE 953 -965 IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID WESTERLY HOURDARY NORTH 28 044'476 WEST 328.52 FEET; THENCE NORTH 11021'29' EAST 467.15 FEET; THENCE NORTH 08021'57' WEST 68.73 FEET; THENCE NORTH 29047'31° EAST 301.90 FEET; THENCE NORTH 80008'45' &AST 383.72 FEET; THENCE NORTH 30018'40° EAST 301.17 FEET; THENCE NORTH 79056.51" EAST 446.86 FEET; THENCE NORTH 49046'51" EAST 390 -R7 FEET; . THENCE NORTH 75036.00' EAST 152.80 FEET: THEME NORTH.88017'551 EAST 404.18 FEET; THENCE NORTH 02027'46' EAST 186.17 FEET; THENCE NORTH 25047'27' EAST 330.97 FEET; THENCE NORTH 89015.21' EAST 308.03 FEET; vsusi -c0u u�.mc Im,te", u PAGE 4 Cooperative Agreement 21 of 30 • 0 �sT •ate NEWPORT COAST ANNEXATION NO"CA01 -06 TO THE CXTT OF NEWPORT BEACH THENCE NORTH 11 034'59" EAST 2549.93 FEET; THENCE NORTH 11 606'16" WEST 1038.44 FEET; THENCE NORTH 10047'04" EAST 235.15 FEET; THENCE NORTH 35006'10" EAST 551.26 FEET ;. THENCE NORTH 16038420" EAST 181.60 FEET; THENCE NORTH 18054.59' TAEST 188.16 FEET; THENCE NORTH 16025'40" EAST 424.32 FEET; THENCE NORTH 29010'03" EAST 196_98 FEET; THENCE NORTH 14024'00" EAST 152.80 FEET; THENCE NORTH 52016'30" EAST 67.01 FEET; THENCE NORTH 80017'00^ -EAST 148.12 FEET; ^_HENCE NORTH 37027'15" EAST 274.61 FEET; 'HENCE SOUTH 33000.20" EAST 789.39 FEET; -ONCE NORTH 70038'36" EAST 784.31 FEET;' =HENCE SOUTH 02059.35^ WEST 306.42 FEET; :UMCE SOUTH 22006.00- EAST 356.17 FEET; - -H]MCE SOUTH 35018158" EAST 2345.66 FEET TO WESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 44 031'21" EAST 678.84 FEET' IN THE EAISTING NORTHEASTERLY BOUNDARY OF SAID BOOR 13439, PAGE 94 -132; THENCE LEAVING THE HOLMARY OF SAID BOOR 14292, PACE 953 -965 AND ALONG THE NORTHEASTERLY BOUNDARY OF SAID BOOK 13439, PACE 94 -132; THENCE SOUTH 44031.21" FAST 678.84 FEET; THENCE SOUTH 71026'28' EAST 584.39 FEET; 1=233x -u M.. ra.xviwr ss PAGE S Cooperative Agreement 22 of 30 • mxjJ -j3 = •A• NEWPORT COAST ANNEmTIOA NO.CAOI -06 THENCE SOUTH-85006126' EAST 515.88 FEET; THENCE SOUTH 74032'30° EAST 420.20 FEET; THENCE SOUTH 66047'38" EAST 548.66 FEET TO A POINT ON THE LINE OF BLOCK 161 OF SAID IRVTNE'S SUBDIVISION; THENCE LEAVING THE NORTHEASTERLY BOUNDARY OF SAID BOOR 13439, PAGE 94 -132 AND ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK. 161 NORTH 40033'59' EAST 186.12 FEET TO A POINT ON THAT CERTAIN COURSE BEARING "NORTFI 34056'51' NEST 457.86 FEET' IN THE RxISTiNG BOUNDARY OF "THE PROPERTY` DESCRIBED IN GRANT DEED TO THE CITY OF LAGUNA BEACH RECORDED JUNE 27, 1991 AS DOCUMENT NO. 91- 330557 IN THE OFFICE OF THE COUNTY RECORDER; . THENCE ALONG SAID COURSE AND THE SOUTMMSTERLY BOUNDARY OF "THE PROPERTY' OF SAID GRANT DEED NORTH 34055'56' WEST 53.88 FEET; THENCE NORTH 68021'18' WEST 560.20 FEET; THENCE NORTH 60007.54° WEST 785.39 FEET; ^HENCE SOUTH 83028'56' WEST 326.82 FEET; 17ENCE NORTH 66044'01• WEST 658.40 FEET; THENCE NORTH 39006'41" WEST 465 -65 FEET; _DMXE NORTH 54032'38' WEST 526.14 FEET; THENCE NORTH 34026'23. WEST 410.92 FEET; THENCE NORTH 12044'59° EAST 337.73 FEET; THENCE NORTH 24022'24' WEST 331.27 FEET; THENCE NORTH 38033'34' WEST 489.32 FEET; THENCE NORTH 2 2014.13' WEST 315.36 FEET; THENCE NORTH 41041'22' WEST 538.97 FEET; THENCE NORTH 46030'42^ WEST 848.19 FEET; raO�l]al- rauw.aoc 4"llw s = PAGE 6 Cooperative Agreement 23 of 30 0 w.:.: r1 MWPORT COAST AMMATZION NO.C401 -06 TO THE CITY OF MWPORT DRUM THENCE NORTH 71 006'53' WEST 244.14 FEET; THENCE SOUTH 89 008'04' WEST 252.27 FEET TO THE SO- ,THWES —ERLY PROLONGATION OF THE COURSE DESCRTZ+Rn AS "NORTH 40 000'00' EAST 663.00 FEET' IN ANNEXATION NO. 1 (FRASIER ANNEXATION) TO THE CITY OF IRVINE; THENCE ALONG SAID. PROLONGATION NORTH 40 °33'37' EAST 221.91 FEET TO A POINT IN THE SOUTHEASTERLY BOUNDARY OF THE CITY OF IR'TINE AS ESTABLISHED BY. "REORGANIZATION NO. R097 -04' DISTANT THEREON SOUTE 64 016.17' EAST 1340.14 FEET FROM THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS 'NORTH 64 016'17' WEST 4468.85 FEET' IN THE CEr- ERLIN_E OF TR -73 (SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR) AS DESCRIBZ3 IN PARCEL 1 OF SAID REORGANIZATION NO. 8097 -04; THENCE ALONG SAID EXISTING CITY. BOUNDARY AND THE CATERL- -NE OF TR -73 PER SAID "REORGANIZATION N0. R097 -04' THROUGH THEIR VARIOUS COURSES IN A GFNERAr. NORTHWESTERLY DIRECTION TO AN ANGLE POINT --N THE EXISTING CITY OF NEWPORT BEACH BOUNDARY AS ESTABLISHED BY - REORGA-:T- ZATION NO. R097 -35', SAID POINT BEING THE SOUTHEASTERLY TER` nM OF T -AT COL ?.SE DESCRIBED AS "NORTH 690 24'23' WEST 2092.48 FEET'; 7F= -4CE ALONG SAID =STING CITY BOUNDARY PER SA_] - REORGANIZATION NO. ?097 -35' . THROUGH ITS VARIOUS COURSES IX A = =NERA_ NORTHWESTERLY, GOUVHERLY, SOUTHEASTERLY AND NORTRWESTE?i,Y D- ?5C7IC:: TO n- TRVE POINT OR BEGINNING. CONTAINS 7,799 ACRES, MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF, IS A MAP DESIGr:ATED AS EXHIBIT TO OBTAIN THE GRID DISTANCE AT GPS El. NO. 6247, MUGT =PLY THE GROUND DISTANCE BY 0.99996664. THIS LEGAL DESCRIPTION WAS PREPARF.D BY ME, 3h1^ORD D N ONLY. NO FIELD SURVEY HAS RECD D , REST S. PLUMMER, PLS 6641 EXPIRATION DATE 12/31/03 OR UNDER MY SUPERVISION FROM BEEN CONDUCJ�O VERIFY ANY Wk 6841 •snss- .astot.ox mc.as.w. m PAGE 7 Cooperative Agreement 24 of 30 E r'l LA sxszezT �a• -• xMMMORT COST AM=OLTIOM Eo.Caol --o6 TO WE CITY of NEWPORT SEaCH THIS PROPOSAL DOES D3F.ET THE APPROVAL OF THE ORANGE COMWY SURVEYOR'S OFFICE. DATED TF�S Z.'7 DAY OF ` a�Jabc- 2001 . LS .DATE 49130/01 PI to 4408 �ua� -,_. �t.mc taw,vimt a PAGE 8 Cooperative Agreement 25 of 30 n 0 O a CD m � O o �n 40 M as am wu ma, nu 8W I OF 5 Day USX M. es99 - ANNEXATION NO. 1 L£de (FRASIER ANNEXATION) _ ^� -rn�arr a*rswulrxtorrupxervu RF4PF1NPA9W wl 91 -5. — — " fMSaIC [RY dF NEYP0.fr AFAW 9a AN Mff r WHIM _ —I— — �. rwAlus awcr9mwt C YIXJ ROAD EAI99a or-at wa¢ Pou'w.1Rr 9[9 PEaxwppax -msuv0 wuw mr su¢vwr axraare NEW FORD aanwraorm �wa�o ro ar an c vl v �� � I I eeAai pca9mm .1q�T i], 1001 A990G N9, 91 -SkS9> ISM IIOAQUIN HILLS 7R fNSAORTA -nON I `� © i ®narAtessrEZ1"�wce .I. CORRIDOR \ vn9 rwrnas v9wr ar atsor¢ - — — — _ . i. J_ I ®rvrAas,aasww oma9i sam9 As xam fi2ff I © 1 6u�D I I A{S AAA6/WNI LLV1Aaf iiM ALAfff YaH'nP ff$ 1f$a I I ranAao 9r ye of uw9e uraaexr.aAaaamv x„41• I I (lmvi na'marca�� °I• — — :Iw - - -- 'Iw - - - -�— ..— Qv9 9£%9 aUYW9 4f. 98a 6 9Y VA I 'Iw g1� 11I 9fldfiMY]N E6WE9 N/A/01 C I I �� I I I ws s9u°acu Dols 19tr nc APPkJVAI pr ne cSZX -!D t Zing i Iw LLY�a9:i0JD1 LS ;1189 py,yJ9p1 � I O EXHIBIT B" Any99t�.m � ft p . Qs 9nwAe�s 9aEf rnamrF f'�evtar awsY xY.4rA9w ��ma 'rw.u. > Pisani U9 W ro IM alY a NElwmi 9Ga0 m.ua.rm ru w 9L9 T a W 9 0 0 0 Exhibit C Summary of Development Approvals The components of the Development Plan as shown by various Development Approvals include:. A. Newport Coast Local Coastal Program 2nd Amendment and all further amendments adopted before the City assumes permit issuing authority for the property as provided for within this Agreement. The Newport Coast Local Coastal Program, 2 "d Amendment was approved by the California Coastal Commission on October 10, 1996; certified by the County of Orange Board of Supervisors on December 3, 1996 (Resolution No. 96- 861 and Ordinance No. 096 - 3974); and Certified by the California Coastal Commission on January 21, 1997; B. Newport Ridge Planned Community Program: Approved by the County of Orange Board of Supervisors on March 17, 1998 (Resolution Nos. 98087 and 98 -88; Ordinance No. 98 -3); C. Newport Coast Master Coastal Development Permit 7'h Amendment (PA 970152); Approved by the County of Orange Planning Commission on July 21, 1998; D. First Amendment to the Irvine Coast Development Agreement: Recorded April 2, 1997 (No. 19970149745); and E. Related secondary implementing approvals, permits, and actions pursuant to and consistent with the foregoing (e.g. subdivision maps, individual coastal development permits, grading plan approvals and permits, etceteras). F. An Annexation and Development Agreement between the City of Newport Beach, The Irvine Company, and Irvine Community Development Company; approved by the Newport Beach City Council on July 24, 2001. Cooperative Agreement 27 of 30 Exhibit D �nvrt T �cpw* xo¢ �w Newport CoasVNewport Ridge Dff-s" meat D6ecto y Cooperative Agreement 28 of 30 9 Exhibit E 0 Orange County LAFCO Condition Relating to Open Space Areas CA 01 -06 NOW, THEREFORE, the Local Agency Formation Commission of the County of Orange DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: Section 2. The proposal is approved subject to the following terms and conditions: h) Upon annexation of the territory to the city, all right, title and interest of the County, including underlying fee where owned by the County in any and all public roads, sidewalks, trails, landscaped areas, open space, street lights, signals, storm drains and bridges shall vest in the City, except for those properties to be retained by the County specifically listed by these conditions except as otherwise agreed to by the City and the County. Cooperative Agreement 29 of 30 • • • 0 i Exhibit F Map of Open Space and Recreational Areas to be Retained by County Retained by County Exhibit F Map of Open Space and Recreational Areas to be Retained by County Cooperative Agreement 30 of 30 0 40 ITEM 513 C- 34* (2, /50 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant City Manager SUBJECT: Newport Coast Annexation Action Items: Cooperative Agreement for Planning Services in the Newport Coast between the City and the County of Orange; Resolution 2001--qj Adopting the County of Orange's Master Plan of Drainage for the Newport Coast Community RECOMMENDED (1) Authorize the Mayor to sign the Cooperative Agreement for planning ACTION: services between the Coupty of Orange and the City of Newport Beach; and (2) Adopt Resolution 2001 - Adopting the County of Orange's Master Plan of Drainage for the Newport Coast Community. BACKGROUND: The Newport Coast is a 7,799 -acre region within Newport Beach's sphere of influence that lies immediately southeast of the city's limits at Corona del Mar, Harbor Ridge, and Bonita Canyon. When ultimately developed, it will contain Fi up to 5,150 residential dwelling units, 2,150 resort accommodations, two retail commercial centers, and extensive open space dedicated for public use. The 2 ( open space dedications are contingent upon, and phased with, the development. Today, about 3,000 of the 5,150 residential dwelling units are built and occupied. APPROVEDi Both commercial centers are under development, with the Newport Coast Retail Center at San Joaquin Hills Road and Newport Coast Drive and the Crystal Cover Retail Center slated to open in early 2002. Only about 150 of the 2,150 resort accommodations are built or under construction (the Marriott Newport Coast Villas). County demographers report that about 7,000 people live in the Newport Coast today. In September 2000, the City Council directed staff to proceed with filing an annexation application with the Local Agency Formation Commission ( LAFCO) for the annexation of the Newport Coast. The City filed this application in March 2001. On September 12, 2001, Orange County LAFCO approved the City's application on a 7 -0 vote and directed the City to complete several "terms and conditions" in advance of an anticipated October 15- November 16, 2001, protest period and a November 30, 2001 certification. Cooperative Agreement for Planning Services with the County of Orange. In June and July, 2001, the City entered into an Annexation and Development Agreement (DA #14) with the Irvine Company that transfers municipal land use authority in the Newport Coast (already bound by a County development agreement and the Newport Coast Local Coastal Program, 2nd Amendment) to the County of Orange. _ 0 0 The Agreement, in part requires the developer to support and help facilitate the { annexation of the Newport Coast as long as (among other things): 3.1.1(c) The City transfers municipal land use authority (including the issuance of building and grading permits) to the County pursuant to a joint powers or similar agreement and/or ordinance until such time as the Project is complete or until OWNER consents, in uniting, to an assumption of municipal land use authority over all or a portion of the Property. To achieve this goal, the City and the County have agreed to execute a Cooperative Agreement (see Attachment A) to address issues such as: • Building and Grading Permits on the existing entitlement; • Building Inspections on permitted facilities; • Administration of the Newport Coast's open space dedications and acreage within the Coastal Natural Communities Conservation Plan (NCCP); and • Transferring documents and land use responsibility after the County issues Certificates of Occupancy for residential and commercial properties. The Cooperative Agreement does the following: • Transfers City land use authority in the Newport Coast to the County of Orange as long as such authority is consistent with development agreements and the Newport Coast Local Coastal Program; • Defines the Newport Coast community as a series of 20+ Planning Areas (PAs). The Planning Areas are mapped in Exhibit D to the Agreement; • Ends the transfer of land use authority by PA when the PA is fully improved and occupied and the City has in its possession the records for the PA; • Allows the County to collect fees for planning services in the Newport Coast; • Retains most open space administration with the County; and • Describes a 180 -day document transfer process for all PAs that are improved and occupied as of the date of annexation. The Orange County Board of Supervisors approved this Cooperative Agreement on October 16, 2001. Your City Council authorized the City Manager to sign the Agreement at a meeting on August 28, 2001. After further consideration and in light of extra time given the processing of this document, we believe that the document can and should be approved by the full City Council and executed by the Mayor. Resolution Adopting the County s Master Plan of Drainage. As a routine action, an annexing city is directed to adopt the Master Plan of Drainage prepared by the county for the annexed territory. By adopting the Master Plan, the city obligates itself to maintain the drainage system after annexation. The City has included these maintenance costs in its annexation budget The resolution adopting the Master Plan is Appendix B. r� U THIS AGENDA This Agenda Item asks the City Council to authorize Mayor Adams to sign the ITEM: Cooperative Agreement for planning services with the County of Orange. The Agreement leaves most planning activity for the Newport Coast community with the County of Orange. It also asks the Council to formally accept and adopt the County of Oranges master plan of drainage for the Newport Coast community. ATTACHMENTS: Appendix A - Cooperative Agreement for Planning Services (to be included Monday, November 26, 2001) Appendix B - Resolution 2001 -_ Adopting the County of Orange's Master Plan of Drainage for the Newport Coast Community Appendix B Resolution 2001- • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING THE COUNTY OF ORANGE'S MASTER PLAN OF DRAINAGE FOR THE NEWPORT COAST COMMUNITY WHEREAS, the County of Orange has enacted and approved a Master Plan of Drainage for its unincorporated communities; and WHEREAS, this Master Plan describes the watersheds and structural drainage systems that exist in each unincorporated community; and WHEREAS, the City of Newport Beach has filed for and received Local Agency Formation Commission approval for the annexation of unincorporated territory known as the Newport Coast and described within LAFCO Resolution CA #01 -06; and WHEREAS, should its annexation of the Newport Coast community be successful, the City of Newport Beach will administer and maintain the same watersheds and structures for the unincorporated area known as the Newport Coast after annexation; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby accepts and adopts the County of Oranges Master Plan of Drainage for the territory described in LAFCO Resolution CA #01 -06, otherwise known as the Newport Coast community. ADOPTED this 27th day of November, 2001. Garold Adams MAYOR ATTEST: LaVonne Harkless CITY CLERK } "RECEIVED AFTER AGEND PRINTED:" S I) COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT ( "Agreement°), dated October 9,2001 for purposes of identification, between the COUNTY OF ORANGE ("County") and the CITY OF NEWPORT BEACH ( "City") is based on following:. . RECITALS WHEREAS, the City is in the process of annexing approximately 7,799 acres of property commonly known as the Newport Coast (Property). The Property, which is described. in Exhibit A and depicted in Exhibit B, is currently in the unincorporated area of County and was wholly owned by The Irvine Company (Company) during the planning for development. WHEREAS, the County has, for thirty (30) years, planned. for the development and use of the Property and related infrastructure. The manner and timing of the development of the Property is an extremely complex issue that has been subject to intense public scrutiny and participation. The development of the Property is the subject of numerous agreements and planning documents and is a matter of regional importance. The following are examples of the complexity of the issues resolved through the planning process, relevant planning documents and the many agreements that protect the interests of the public and the Company: A. The County and the California Coastal Commission have ensured preservation of that valuable habitat by requiring dedication to public agencies subject to Company's right and ability to develop portions of the Property in accordance with the Development Plans and Development Approvals. The County, in planning the Property, has identified significant portions of the Property that contain valuable habitat that is of regional significance and is, or is intended to be, designated as part of the Natural Communities Conservation Plan for the Central .,and Coastal Subregions of Orange County (NCCP). The NCCP., is a complex agreement between property owners (including the Company) and public agencies (including the County) to ensure the preservation of large contiguous areas of habitat for endangered species. B. The Company has constructed or contributed to the construction of public improvements on, or in the vicinity of, the Property that serve regional transportation demand and that are vital to the regional transportation system. These improvements, many of which have been constructed at the sole cost of the Company, have been made in consideration of the right to develop the Property in conformance with the Development Plan. These improvements include the construction of Newport Coast Drive, the extension of San Joaquin Hills Road, the Cooperative Agreement 1 of 30 0 0 widening of Pacific Coast Highway, and participation in the construction of the San Joaquin Hills Transportation Corridor. WHEREAS, the County has adopted, and the California Coastal Commission has approved or certified, a Local Coastal Program (LCP), Master Coastal Development Permit (MCDP) and other documents governing development of that portion of the Property that is subject to the California Coastal Act (°Coastal Zone Area "). State law provides that, under the circumstances present in this case, the County retains jurisdiction to issue coastal development permits for the Coastal Zone Area subsequent to City's annexation of that portion of the Property. WHEREAS, the County and the Company have entered into a comprehensive Development Agreement (DA) for the Property that, among other things, serves as a mechanism for ensuring that the public receives the full benefits, including the dedication of valuable habitat, that will result from development of the Property. In addition to the DA, the County and the Company are signatories to the NCCP. WHEREAS, the NCCP and the Development Approvals for the Property prepared by or on behalf of the County represent an extremely complex and integrated plan for the preservation and development of the Property. The administration and implementation of these Development Approvals and the NCCP requires a -level of staffing, expertise, knowledge and experience that can only be found in the County employees and officials that have been intimately involved in the planning process. The failure to properly administer or implement the NCCP and /or the Development Approvals could deprive the public of the benefits of the proposed dedications of valuable habitat or interfere with the development rights of landowners that are preconditions to the dedication of open space. WHEREAS, City has adopted general plan and zoning designations for the Property, and approved an Annexation and Development Agreement (ADA) with Company to ensure that annexation of the Property does not prevent or delay the proposed dedications of valuable habitat or development of the Property to the full extent permitted by the Development Plan and Development Approvals. The ADA is incorporated herein by reference. However, City does not presently have staff sufficient to administer or implement the Development Approvals or the Development Plan. City and County intend, through this Agreement to transfer to the County, upon annexation of the Property, the responsibility for processing all permits and approvals necessary to facilitate the habitat dedications and development consistent with the Development Plan. Accordingly, the City will, immediately upon annexation, provide the entire Property with fire, police and refuse collection as well as other municipal services except those transferred to the County pursuant to this Agreement. The City will assume the provision of land use and code enforcement services within each Planning Area when that Planning Area is Fully Improved. Cooperative Agreement 2 of 30 WHEREAS, City and County are public entities possessing the common power to review and approve applications for administrative and ministerial permits for development, including coastal development permits, subdivision maps, conditional use permits, grading permits and building permits, and approvals related to the planning for, and development of, real property. City and County also have the common power to accept dedications for open space or habitat protection, to develop and maintain recreational facilities and to create and administer assessment districts pursuant to provisions of State and/or local law. Government Code Sections 51300 et seq. authorize a county to contract with a city for the performance of municipal functions common to both agencies by designated county officers and employees. This Agreement fully complies with all State statutory and constitutional provisions related to the transfer of municipal functions from a city to a county. WHEREAS, this Agreement achieves the objectives of the Parties, such as the efficient implementation and administration of the Development Approvals and Development Plan, by authorizing the County to exercise all land use and building authority of the City relative to each Planning Area upon annexation and until a Planning Area is fully improved. This Agreement also will ensure Company's consent to proceed with the immediate annexation of the entire Property in accordance with the requirements of the ADA. This Agreement is consistent with provisions of State law, specifically SB 916, tl1at require implementation of a certified local coastal program by a county with respect to property annexed by a city that does not have a fully certified local coastal plan. Finally, this Agreement will provide a vehicle for ensuring that all conditions to development are satisfied and that any proposed modification to any Development Approval or the Development. Plan not impair or affect, the right of the Company to develop.the Property to the full extent permitted by the Development Approvals and Development Plan. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, or all letters capitalized, when used in the Agreement. The defined terms include the following: Cooperative Agreement 3of30 E 0 1.1.1 "ADA" means the Annexation and Development Agreement entered into by and between City and Company on August 23, 2001. 1.1.2 . "Agreement' means this Cooperative Agreement. 1.1.3 "Coastal Zone Area" means that portion of the Property subject to the California Coastal Act (Public Resources Code §30000 et seq). 1.1.4 "City" means the City of Newport Beach. 1.1.5 "Company means individually and collectively The Irvine Company and Irvine Community Development Company, and, where appropriate in context, their respective successors in interest to all or any part of the Property. 1.1.6 "County" means the County of Orange, a political subdivision of the State of California. 1.1.7 "Development" whether or not capitalized means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project. The term development includes grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures and the installation of landscaping and park facilities and improvements. The term "Development" does mean any building or grading activity within any Planning Area after that Planning Area is Fully Improved. 1.1.8. "Development Approvals" means. all permits, licenses, consents, rights, and privileges, agreements and other actions that:, (i) are approved by County; (ii) are subject to approval or issuance by County, or (iii) represent agreements between the City and Company that relate to Development of the Property. The term "Development Approvals" includes all actions described above which are permitted, issued, agreed upon or otherwise taken before the assumption of land use authority by the City over a Planning Area after that Planning Area is Fully Improved. "Development Approvals' also includes any modification or Cooperative Agreement 4 of 30 0 0 amendment of those actions before the assumption of land use authority by the City over a Planning Area after that Planning Area is Fully Improved. The term "Development Approvals" includes (including any modifications or amendments as described above), but is not limited to, those Development Approvals shown on Exhibit C and the following: (a) General plans and general plan amendments; (b) Specific plans and specific plan amendments; (c) Local Coastal Programs including the Land Use Plan and all implementing ordinances; (d) Zoning and rezoning; (e) Tentative and final subdivision and parcel maps; (f) Variances, conditional use permits, master plans, and plot plans; (g) Master Coastal Development Permits and Coastal Development Permits; (h) Grading and building permits; and (i). Development Agreements and Annexation and Development Agreements. 1.1.9 "Development Plan" means the plan for Development of the Property, including the planning and zoning standards, regulations, and criteria for the Development of the Property contained in and consistent with the Development Approvals. The components of the Development Plan are more fully described in Exhibit C. 1.1.10 "Fully Improved° means that the County has issued certificates of occupancy (or similar evidence that the all structures have received all inspections and fully comply with all laws such that there is no further condition to occupancy) for all developiment permitted in any Planning Area pursuant to the Development Approvals and Development Plan. Cooperative Agreement 5 of 30 1.1.11 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies governing Development and use of land applicable to the Property pursuant to the Development Approvals, the Development Plan, this Agreement and the ADA. The term "Land Use Regulations" includes ordinances, resolutions, rules, regulations and official policies related to the permitted use of land, the density or intensity of use, subdivision requirements and the maximum height and size of proposed buildings. The term "Land Use Regulations" also includes ordinances, resolutions, rules, regulations and official policies governing the reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property. 1.1.12 "Planning Area" means one of the 22 numbered Planning Areas within the Property that have been created by the Land Use Regulations,, Development Approvals and/or the Development Plan and that are depicted in the map attached as Exhibit D. For the purposes of this Agreement, a Planning Area shall include any lettered divisions of a Planning Area (for example, Planning A_ rea 21 includes 21 -a, 21 -b, and 21-c). - 1.1.13 "Project means the Development of the Property consistent with the Development Approvals, Land Use Regulations and /or Development Plan. 1.1.14 "Property' means the real property described in Exhibit A and shown on Exhibit B to this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit A — Legal Description. of the Property. Exhibit B — Map of the Property. Exhibit C — List of County Development Approvals. Exhibit D — Map of Planning Areas. Exhibit E — Orange County LAFCO's Condition Relating to Open Space Areas. Cooperative Agreement 6 of 30 Exhibit F — Map of Open Space and Recreational Areas to be Retained by the County. 1.3 Construction. The word "include" or any form of the wort "include" shall be construed and interpreted to add the phrase 'without limitation." . 2. OBJECTIVES AND INTENT 2.1 Objectives. The objectives of this Agreement are to: 2.1.1 Ensure that, following annexation of the Property to City, the Property is developed in substantial compliance with, and to the full extent permitted by, the Development Approvals and the Development Plan. 2.1.2 Ensure that development of the property proceeds in a manner that preserves the. public benefits associated with the Development Approvals and Development Plan including the dedication of valuable habitat and open space. 2.1.3 Effect a transfer of land use authority fron) the City to the County upon annexation with the City to assume land use authority over individual Planning Areas when Fully Improved and City is in possession of necessary planning and building records. 2.1.4 To provide a process for the transfer of documents necessary to City's assumption of- land use authority and a mechanism for facilitating City's right to monitor development as provided in the ADA. 2.1.5 To preserve County's ownership, after annexation, over open space and habitat to the . extent contemplated by the Development Approvals, Development Plan and related agreements such as the NCCP. 2.1.6 To provide a mechanism for City assumption of title to certain open space and for modifying the recreational facilities and open space provisions of the Development Approvals and the Development Plan without impacting Company's development rights, the NCCP or County's regional park plans. 2.1.7 To provide for the administration of existing assessment districts and the formation of new or modified districts by County personnel and Cooperative Agreement 7 of 30 consultants who have previously performed those tasks with respect to the Property. 2.2. Intent. The Parties, through this Agreement, intend that the County have and exercise after annexation the same power, right and control over the administration, approval and implementation of land use, assessment district and open space/habitat authority over the Property as the County exercised before annexation. The Parties also intend that the City will assume land use authority over any Planning Area within twelve (12) months after the Planning Area is Fully Improved. The Parties also intend that the County shall exercise land use and other authority in substantial conformance with the Development Approvals and Land Use Regulations in effect as of the Effective Date of this Agreement. This Agreement and the ADA shall be administered, implemented, construed and interpreted in a manner that is consistent with the Development Approvals, the Development Plan and the "intent" and "purpose" provisions of this Agreement. 3. AUTHORITY TRANSFERRED TO THE COUNTY 3.1 Transfer of Land Use Authority. 3.1.1 Transfer of Authority. The City transfers to the County, upon annexation, the power and authority to review, approve, conditionally approve; modify, amend and/or disapprove Development Approvals and Land Use Regulations with respect to the Property (Land Use Authority).. This Land Use Authority includes routine code enforcement, the review and approval of all plans and specifications for development, the issuance of all grading and building permits, all inspections of structures and improvements, and the enforcement of ordinances relating to construction, grading, erosion control and site cleanup and occupancy. 3.1.2 Conditions. The County shall exercise Land Use Authority in substantial compliance with: (i) the provisions of the Development Approvals, Development Plan and the ADA; (ii) conditions imposed by any State or local agency; and (iii) legally enforceable restrictions and limitations on development of the Property. 3.2 Transfer of Open Space and Related Authority. 3.2.1 Ownership Upon Annexation. The terms and conditions of annexation imposed by LAFCO state that the City will assume Cooperative Agreement 8 of 30 0 0 ownership of all County property upon annexation except as otherwise provided by agreement (see Exhibit E). City, pursuant to this Agreement waives all rights to assume ownership of County property upon annexation and County agrees to maintain ownership of its property until title is transferred pursuant to this Agreement or another agreement. City and County shall, subsequent to annexation, meet and confer on a regular basis to determine when and if any County property should be transferred to the City. County shall transfer County property to City if and as necessary to enable City to fulfill its obligations to Newport Coast residents relative to the construction of a community center, the development, operation and maintenance of active recreational facilities and the maintenance of slope, parkways and medians. County shall have no obligation to transfer to City any property designated as open space or habitat by the NCCP or any property that is part of the County's regional park plan. A map of the open space areas to be retained by the County is included as Exhibit F. 3.2.2 Offers of Dedication. City, by this Agreement, transfers to County the right and responsibility to accept any offer of dedication of park and/or open space land to the extent contemplated or required by the Development Approvals, the Development Plan, the NCCP or any other agreement. County shall assign to City the right to accept an offer of dedication with respect to any property that City requires to fulfill its obligations to Newport Coast residents as specified in Subsection 3.2.1 3.2.3 Restrictions on Transfer. The rights and duties of City and County pursuant to this Sectionshall not be exercised in a manner that could impair Company's rights to fully develop the Property pursuant to the Development Approvals and Development. Plan. In no event shall County transfer any property to City that is designated as part of a habitat conservation plan such as the NCCP. 3.3 Assessment District Authority. City transfers. to the County, upon annexation and to the maximum extent permitted by law, all rights, duties and obligations relative to the administration of any existing assessment district that affects some or all of the Property (Assessment District Authority). County shall also retain the right to form and administer new assessment districts provided that no new or increase special tax or levy is imposed on any person or property except as expressly permitted by law. County and City shall fully cooperate in any review conducted by City or its Cooperative Agreement 9of30 0 0 representatives with respect to the formation of, or assessments imposed pursuant to, any existing or new assessment district. With respect to any proposed new assessment district respecting any portion of the Property still owned by Company, City hereby grants to County the consent required by Section 10103 of the Streets and Highways Code of the State of California. 3.4 Term. The County shall retain all the Open Space Author ty .. and Assessment District Authority for the maximum term permitted by law. County shall retain all Land Use Authority for each Planning Area, provided that City shall assume Land Use Authority for a Planning Area when that Planning Area is Fully Improved and the City is in possession of records that enable the City to provide planning and building permit services for that Planning Area. The County shall notify the City, in writing, within ten (10) days • after the County has determined that any Planning Area is. Fully Improved. 4. SPECIAL PROVISIONS 4.1 City Resolutions. City has, prior to the Effective Date of this Agreement, adopted resolutions that ensure consistency between the Newport Beach General Plan/Zoning Ordinances and the Development Approvals and Development Plan. The City Council has also authorized the execution of this Agreement by the City Manager and determined that this Agreement is fully consistent with the authority of the City and City Council pursuant to law. 4.2 City Commitments. City, in exercising any authority over the Property shall fully comply with, and conform to, the provisions of the Development. Approvals and Development Plan including the ADA, the Local Coastal Program, and the Master Coastal Development Permit. City shall not take any action that could prevent, interfere with, or delay development of the Property to the full extent permitted by the: Development Approvals, Development Plan, the City's General Plan and /or the ADA. City shall not take any action, except as authorized in Article 3, that would delay, prevent or interfere with any dedication of open space or valuable habitat by the Company or any acceptance of open space or valuable habitat by the County or other entity. 4.3 County Consideration. City agrees that County shall be entitled to charge, receive and retain all fees charged pursuant to the retention of Land Use Authority, Open Space Authority or Assessment District Authority. County shall be entitled to charge, receive and retain all customary fees including building permit fees, grading fees, and inspection fees. The fees charged by Cooperative Agreement 10 of 30 the County shall be the County's sole consideration for all services performed and the exercise of all authority transferred pursuant to this Agreement. The fees charged by the County shall also be the County's sole consideration for the transfer of records as specified in Section Article 5. 4.4 County Officers. The County Executive Officer (CEO) shall designate the County officers, employees and contractors that are to perform the services contemplated by, and exercise the authority transferred pursuant to, this Agreement. The Parties contemplate that the CEO will designate the same officers, employees and contractors that have, prior to the effective date of this Agreement, been performing services or exercising powers related to Land Use Authority, Open Space Authority or.Assessment District Authority. 5. COOPERATION. 5.1 Cooperation. City shall provide any assistance requested by County with respect to the implementation and administration of the Development Approvals, the Development Plan and this Agreement. City and County shall cooperate with one another relative to any action necessary to ensure that County retains the authority to perform the functions required by, or to achieve the objectives of, this Agreement. 5.2 Monitoring. City and County shall also cooperate with one another to facilitate City s right to monitor implementation of the Development Plan and the conditions to the Development of the Property. County shall maintain a list of pending activities related to implementation of the Development Plan and provide City with a copy of the list once each ninety days during the Tern. 5.3 Records. City and County shall, during the initial one hundred and eighty (180) days of the Term, evaluate the type and nature of County records, and . the mechanisms for the transmission of those records, that would facilitate the City's assumption of Land Use Authority after any Planning Area is Fully Improved. In evaluating the type and nature of the records, the Parties shall give special consideration to the type of information that is necessary to issue building permits for other than initial construction and the provision of municipal services such as police, fire personnel and property maintenance. In evaluating the mechanism for transmission, the Parties shall give special consideration to the format and medium for transmitting relevant information that would be most easily incorporated into the City's databases and that would minimize the cost of transfer/transmittal. The Parties shall, within one hundred and eighty (180) days after the Effective Date, implement a program Cooperative Agreement 11 of 30 0 0 for transmission of all records determined to be relevant to the City's exercise of Land Use Authority. Any inability on the part of either Party to implement this program shall not impair the validity of this Agreement. 6.. THIRD PARTY BENEFICIARY. City and County agree that the Company, is a third party beneficiary - of this Agreement. Accordingly, Company shall have, the right to enforce the terms and provisions of this Agreement against City and /or County without. assertion of any affirmative defense related to standing so long as Company has not fully developed the Property pursuant to the Development Approvals. City and County specifically agree and acknowledge that, by allowing early annexation of the Property as provided in the ADA, Company will have fully relied upon the enforceability of this Agreement against City and County and that Company is reasonably relying on the enforceability of this Agreement. 7. MISCELLANEOUS PROVISIONS 7.1 Term of Agreement. Subject to the provisions of Article 3, this Agreement shall continue in full force and effect with respect to the Property for a period of five (5) years and shall continue in full force and effect thereafter until all entitlement granted by the Development Approvals has been completed or unless the conditions for expiration specified in Section 51302 of the Government Code are satisfied. 7.2 Entire Agreement. This Agreement sets forth and contains the entire, understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this Agreement No testimony or evidence of any such representations, understandings, or covenants shall be admissible in any proceeding or any kind or nature to interpret or determine the terms or conditions of this Agreement. 7.3 Severability. If any term, provision, covenant, or condition of this Agreement is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this Agreement shall nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions. 7.4 Interpretation and Governing Law. This Agreement and any related dispute shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed according to its fair language and common meaning to achieve the objectives and purposes of Cooperative Agreement 12 of 30 the Parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement since all Parties have been represented by counsel. 7.5. Indemnification. City shall defend, indemnify, and hold harmless the County and its officers, employees and agents with respect to any claim, damage, loss, cause of action, lawsuit or proceeding that arises out of or is in any way related to any act or omission by City or its officers, employees or agents in the performance or non - performance of any duty or obligation pursuant to this Agreement. County shall defend, indemnify, and. hold harmless the City and its officers, employees and agents with respect to any claim, damage, loss, cause of action, lawsuit or proceeding that arises out of or is in any way related to any act or omission by County or its officers, employees, or agents in the performance or non- performance of any duty or obligation pursuant to this Agreement. 7.6 Section Headings. All, section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 7.7 Singular and Plural. As used herein, the sing0lar of any word includes the plural. 7.8 Waiver. The failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure of a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of that Party's right to demand and require, at any time, the other Party's strict compliance with the terms of this Agreement. 7.9 Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and their successors and assigns: Except as expressly provided in Article 6, no other person shall have any right of action based upon any provision of this Agreement, provided, however, that the fee owners of any non - residential parcels in the area to be annexed to City pursuant to the ADA may elect to be covered by the Agreement. 7.10 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. Cooperative Agreement 13 of 30 0 0 7.11 Specific Performance. The Parties acknowledge that monetary damages would be inadequate to remedy any breach of this Agreement .by either Party. Accordingly, the Parties agree that any breach of this Agreement shall entitle the non - breaching Party to file an action for specific performance in a court of competent jurisdiction. In no event shall either Parry be liable for monetary damages in the event of a breach of this Agreement. 7.12 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same affect as if all of the parties had executed the same instrument 7.13 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California. The Parties waive all provisions of law providing for the filing, removal or change or venue to any other court. 7.14 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated by this Agreement to achieve the objectives of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record instruments and writing. The Parties shall also take any action as may be reasonably necessary under the terms of this Agreement to carry out the intent and to achieve the objectives of this Agreement. 7.15 Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of the parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of Development Agreements. The Parties shall cooperate in good faith with respect to any amendment proposed in order to clarify that intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated. matters. 7.16 Authority to Execute. Any person or persons executing this Agreement on behalf of the City and County warrants and represents that he /she has the authority to execute this Agreement on behalf of his/her agency and to bind that Agency to the performance of its obligations pursuant to this Agreement. 7.17 Notice. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and shall be deemed served when Cooperative Agreement 14 of 30 delivered personally or.on the third business day after deposit in the United States mail, postage prepaid, first class mail, addressed as follows: All notices, demands, requests or approvals to CITY shall be addressed to: City of Newport Beach City Manager's Office 3300 Newport Boulevard . PO Box 1768 Newport Beach, California 92658 -8915 All notices, demands, requests or approvals to COUNTY shall be addressed to: Director of Planning and Development Services County of Orange 300 North Flower Street Santa Ana, California 92703 -5000 All notices, demands, requests or approvals to Company shall be addressed to Vice President for Entitlement (Newport Coast) 550 Newport Center Drive Newport Beach, CA 92625 7.18 Effective Date.. This Agreement shall become effective as of the date on which the City annexation of all or a portion of the Property becomes effective. . IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. COUNTY: By: 6�C this P. Coad, Board Chair County of Orange, State of California Cooperative Agreement 15 of 30 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE BOARD CHAIR C m By:. 1 Darlene J. Bloom, Clerk of the Board of Supervisors 60� APPROVED AS TO FORM: Ben deMayo, County Counsel i 1 -2.-a j Deputy CITY: Garold B. Adams, Mayor of the City of Newport Beach ATTEST: LaVonne Harkiess, City Clerk of the City of Newport.Beach 0 AS TO FORM: bert H. Burnham, City Attorney the City of Newport Beach F:\users\cafl shared \da\Ag \NewportCoast\Cooperative \102301 #nat.doc Cooperative Agreement 16 of 30 gym IT 'A' NEWPORT COAST ANNEXATION NO.CA01 -06 TO THE CITY OF NEWPORT BEACH BLOCKS: 5151; 5152, 5251 5252, 5253, 5351 5352 MODULES: VARIOUS BEING THOSE PORTIONS OF BLOCKS 91, 95 -98, 128 -134,' 161 -164 OF IRVINE'S. SUBDIVISION AS SHOWN ON A MAP' THEREOF FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS AND PARCEL 2 AND A PORTION 'OF PARCEL 1 PER CORPORATION GRANT DEED BOOK., 13439, PAGE 94 -132, RECORDED. DECEMBER 19, 1979, IN THE OFFICE OF THE COUNTY RECORDER OF.THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE EXISTING.C_TY OF NEWP03T BEACH BOUNDARY AS ESTABLISHED BY REORGANIZATION NO. R097 -35, - BONITA CAN ?ON ANNEXATION TO THE CITY OF NEWPORT BEACH AND _NT DETACHNNOF THS SAME TE.3RITORY FROM THE CITY OF IRVINE ", SAID ANGLE POINT BEING THE SOUTHEASTERLY TEP -MINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 11 058'31' EAST 11.29 FEET" IN SAID REORGANIZATION NO. R097 -35, SAID POINT ALSO BEING DISTANT NORTH 26 942'33° EAST 3071.87 FEET FROM ORANGE COUNTY SURJGYOR'S HORIZONTAZ. CONTROL STATION GPS NO.. 6247,- HAVING A COORDINATE V-_,UE (U.S. SURVEY FOOT) OF. NORTH 2173287.386 AND EAST 6074018.521, 'BASED UPON THE CALIF RN =A COORDINATE. SYSTEM (CCS83), ZONE VI. 1983 NAD (199 -.35 EPOCH O.C.S. G ?S ADJUST:IENT) AS SAID GPS POINT IS SHOWN ON TRACT MAP NO. 15945, RECOT= ZN BOOK 8%=, PAGES 18 -25 INCLUSIVE, OF MISCELLANEOUS kAPS -7N THE OFFICE OF 'PI.? COM—,Y RECORDER OF SAID COUNTY, BEING Cok DN _0 "F_;iHOR VIEWS H =LLS - PEASE 3' ANNEXATION TO THE CITY OF NEWPORT BEACH; THENCE CONTINUING ALONG THE EXISTING C_Z' BOLZIDARY OF THE CITY OF NEWPORT BEACH PER "HARBOR VIEW HILLS -PHASE 3' A_NNi EXA =_ON, THE . "Fa SOR VIEW HILLS SECTOR 4" ANNEXATION, THE "HARBOR RIDGE ANNEXATION NO. "e9', THE "HARBOR RIDGE ANNEXATION NO. 82, THE "HARBOR V =EW HILLS -PHASE 3' ANNEXATION, THE "HARBOR VIEW HILLS -PHASE 4' ANNEXATION, THE "ANNEXATION NO. 57 (CENTERVIEW ANNEXATION)', THE 'HARBOR VIEW" ANNEXATION, ANNEXATION NO. 8, CITY BOUNDARY 1928 (COURT CASE NO. 23686) I%CORPOR.ATED SEPTEMBER 1, 1906; THE 'CORONA HIGHLANDS' ANNEXATION, THE "SEAWARD 17' ANNEXATION, THE "CAMEO HIGHLANDS" ANNEXATION, THE "ANNEXATION NO. 84', THE 'CAMEO HIGHLANDS' ANNEXATION, THE "ANNEXATION NO.' 64', THE "C;0fS0 CLIFFS" ANNEXATION" THE "SHORE CLIFFS - CAMEO SHORES TIDELANDS ANNEXATION' THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY, SOUTHWESTERLY, SOUTHEASTERLY, SOUTHERLY, WESTERLY, SOUTHERLY, EASTERLY, SOU^HERLY, WESTERLY. SOUTHERLY, xsuaa•rcucRr -eae roan „ear = PAGE 1 Cooperative Agreement 17 of 30 0 E33rXBZT `A' NEWPORT COAST ANMEXATION NO.CAOI -06 TO TEE CITY OF NEWPORT SEACE BLOCKS: 5151, 5152, $251 5252, 5253, 5351 5352 MODULES: VARIOUS • BEING THOSE PORTIONS OF BLOCKS 91, 95 -98, 128 -134, 161 -164 OF IRVINE'S SUBDIVISION AS SHOWN ON A MAP THEREOF FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS AND PARCEL 2 AND A PORTION 'OF PARCEL 1 PER CORPORATION GRANT DEED BOOR 13439, PAGE 94 -132, RECORDED DECEMBER 19, 1979, IN THE,OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, ,STATE OF-CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE.POINT IN THE EXISTING C_-TY OF NEWPORT BEACH BOUNDARY AS ESTABLISHED BY REORGANIZATION NO. R097 -35, "BQNIPA CANON ANNEXATION TO THE CITY OF NEWPORT BEACH AND DETACHMENT OF THE SAME TERR ITORY FROM THE CITY OF IRVINE', SAID ANGLE POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 1_ 058'31" .EAST 11.29 FEET' IN SAID REORGANIZATION NO. R097 -35, SAID POINT ALSO BEING DISTAN= NORTH 26242'33' EAST 3071.87 FEET FROM ORANGE COUNTY SLRVEYOR'S HORIZONTA= CONTROL STATION GPS NO. 6247; HAVING A COORDINATE V:�UE (::.S. SURVEY FOOT) OF NORTH 2173287,386 AND EAST 6074018.521, BAST UP=. THE CALIF'-RN =A COORDINA SYSTEM (CCS83), ZONE VL 1983 NAD (199:.35 E?-CH O.C.S. G ?S P>JUSTMENT) AS SAID GPS POINT IS SHOWN ON TRACT MAP SO'. _5945, RECOR =37 _N BOOK 8C°_, PAGES 18 -25 INCLUSIVE, OF MISCELLANEOUS MAPS :.N THE OFF_:Z OF T_x= COL3"_"Y RECORDER OF SAID COUNTY, BEING COMMON =0 r_= _RBOR VIEWS _ =L:.S PHASE 3' ANNEXATION TO-THE CITY OF NEWPORT BEACH; .,THENCE CONTINUING ALONG THE EXISTING C ='Y BOL -4DARY OF THE CITY OF NEWPORT BEACH PER "HARBOR VIEW HILLS -PHASE 3- =VNEXA=:ON, THE - E_;,RBOR VIEW HILLS SECTOR 4' ANNEXATION, THE "HARBOR RIDGE ANNEXATION NO. ?9', THE "HARBOR RIDGE ANNEXATION NO, 82, THE "HARBOR VIEW HILLS -PHASE 3' ANNEXATION, THE "HARBOR VIEW HILLS -PHASE 4' ANNEXATION, THE "ANNEXATION NO. 57 (CENTERVIEW ANNEXATION)', THE "HARBOR VIEW' ANNEXATION, ANNEXATION NO. 8, CITY BOUNDARY 1928 (COURT CASE NO. 23686) n;CORPOR_ATED SEPTEMSER 1, 1906; THE "CORONA HIGHLANDS" ANNEXATION, THE "SEAWARD 17' ANNEXAT =ON, THE "CAMEO HIGHLANDS' ANNEXATION, THE "ANNEXATION NO. 84', THE "CAMEO HIGHLANDS' ANNEXATION, THE "ANNEXATION NO. 644, THE "CAMEO CLIFFS' ANNEXATION' THE 'SHORE CLIFFS - CAMEO SHORES TIDELANDS ANNEXATION' THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY, SOUTHWESTERLY, SOUTHEASTERLY, SOUTHERLY, WESTERLY, SOUTHERLY, EASTERLY, SOU- 7HERLY, WESTERLY, SOUTHERLY, vs�uvv- vav�R�.me [06 1191011.0 PAGE 1 Cooperative Agreement 18 of 30 0 0 ,.. --- :, ar :� TO THE CXTT OF NEWPORT BM= SOUTHEASTERLY, SOUTHERLY, SOUTHWESTERLY, WESTERLY. NORTHWES ^_RELY, SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHERLY. NORTHWZS ^_F.RLY, SOUTHWESTERLY; WESTERLY, SOUTHEASTERLY. NORTHEASTERLY, SODT�Y, SOUTHWESTERLY, NORTHWES "PERI.Y AND SOUTHWESTERLY DIRECTION .0 AN AL'GLE POINT, ON TEE BOUNDARY OF THE CITY OF =#PORT HEACH AS ESTABLISHED BY `SHORE CLIFFS - CAMEO SHORE TIDELANDS AMEMTION'; THENCE LEAVING SAID CITY BOUNDARY IH A DIRECT LINE NORTHEASTERLY 3 MILES MORE OR LESS TO A POINT ON THE MEAN HIGH TIDE OF ^3E PACIFIC OCEAN; SAID POMbfT BEARING SOUTH 37039150" WEST 600 FEET MORE OR :,ESS FROM THE NOR:RWEST. CORNER OF PARCEL 3 OF `PARR PROPERTY* AS DESCRIBED) IN CORPORATION GRANT DEED TO THE STATE OF CALIFORNIA ON Fn 0ECEN3ER 19, 1979, ID! BOOR _3439, PAGE 94 -132 IN THE OFFICE OF THE COUNTY RECORDER, SAID POINP BRING THE SOUTHWESTERLY PROLONGATION OF THAT CERTAIN COURS£ DESCRIBED AS "YORTH 37°39'50' EAST 104.98 FEET --IN SAID DEED IN THE WESTERLY -BOUNDARY OF PARCEL 3 OF SAID .'PARK PROPERTY'; . THENCE ALONG SAID SOUTHWEST♦EvRnLonY,LCPROLONGATION '!ORTS 37°39'57' EAST 60C FEET MORE OR LESS TO THE SOUTHWESTERLY 0__ERMnr:S- OP THAT CERTA= C.JRSE DESCRIBED AS 'NORTH 37039150' EAST. 104_98 FEET" IN TEE NORTE'JEST.ERLY BOUNDARY OF' SAID PARCEL 3, SAID TERMINUS ALSO BEING ON ' 7-:1' NORTHEASTERLY RIGHT OF WAY LINE OF THE PACIFIC COAST HIGHWAY BEING A H =v DAY OF VAR=iBLE WIDTH, AND FURTHER DESCRIBED IN BOOK 487, PAGE 1 OF 3= .75'' =N Trig OF7TCE OF tn6 COUNTY RECORDER THF.LINCE LEAVING SAID NORTHEASTERLY RIGHT Of WAY LEVE ALONG THE NORTHWESTERLY BOUNDARY LINE OF PARCEL 3- OF SAIM `PARK PROPERTY`; THREE NORTH 37 039'50' EAST 104.98 FEET TO ^'Hg BEGIAN]IZZ; OF A TX.-.-GENT. 950.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE; NORTHEASTERLY, 219.65 FEET TiMOCGH A CENTRAL ANGLE OF 13014.50'; THENCE NORTH 50054.40' EAST 1645.45 FEET TO HE BEGINNING OF A TANGENT 1300.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY, 1590.29 FEET THROUGH A CENTRAL ANGLE OF 70005'24';. �u�Mo 4"1u 2 = PAGE 2 Cooperative Agreement 19 of 30 0 • E�iSLT `A' ESWPOHS COWT AMMMMM NO.Ca01 -06 TO THE C.T2= OF EEEl80RT BERM THENCE NORTH 19 010.44- WEST 387.88 FEET; THENCE SOUTH 84042'47+ EAST 288.52 FEET; THENCE NORTH 58039'02' EAST 1018.72 FEET: THENCE NORTH 74008'04• EAST 197.52 FEET; THENCE NORTH 60027.40• EAST 137.93 FEET; THENCE SOUTH 68054'28• BAST 150.05 FEET;. THENCE NORTH 66048'05" EAST 157.55 FEET; THENCE NORTH 04038.08- EAST 74.24 PERT; THENCE SOUTH 87803152' EAST 84.20 FEET; THENCE NORTH 23821.06' WEST 232.34 FEET; HENCE NORTH 51008119' EAST 310.79 FEET; "!KENCS NORTH 31850'33" EAST 223.66 FEET; THENCE NORTH 11855'46' WEST'290.27 FEET; THE..'CE NORTE 30802'00' EAST 147.85 FEET; THEME NORTH 35852'56" WEST 232.03 FEET; THENCE NORTH 10831'40' EAST 229.87 FEET; THENCE NORTH 46028'08' EAST 55.17 FEET; THENCE NORTH 67853'26" EAST 138.16 FEF.T; THENCE NORTH 38031'490 EAST 138.06 FEET; THENCE NORTH. 24035.24' EAST 129.77 FEET; THENCE NORTH 03052'43' EAST 118.27 FEET; uas+n- aaiin.noc wIlw l m PAGE 3 Cooperative Agreement 20 of 30 ll�T W NEWPORT COAST AMN0=hTSCK NO.CA01 -06 TO TEX CITZ OF EKWPORT HFACH THENCE NORTH 19050'41' EAST 141.40 FEET; THENCE NORTH 49001.42' EAST 150.97 FEET; THENCE NORTH 73052'21' EAST 172.80 FEET; THENCE NORTH 60049'09' EAST 176.38 FEET; THENCE NORTH 11048'47' EAST 312.62 FEET; 0 THENCE NORTH 03021,599 WEST 272.4'7 FEET TO THE SOUTHEASTERLY TERmIINus OF THAT CERTAIN COURSE DESCRIBEV�AS -SOUTH 28°44.47' EAST 328.52 FEL' IN THE EXISTING WESTERLY BOUNDARY OF -PARR PROPERTY* AS DESCRIBED IN CORPORATION GRANT DEED TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 17, 1981 ON FILE IN BOOR 14292, PAGE 953 -965 IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 2884Q'47' WEST 328.52 FEET; THENCE NORTH 11021'29' EAST 467.15 FEET; THENCE NORTH 08021'57' WEST 68.73 FEET; THENCE NORTH 29047'31' EAST 301.90 FEET; THENCE 170RTH 80008.45. FAST 383.72 FEET; THENCE NORTH. 30018'40" EAST 301.17 FEET; THENCE NORTH 79056.51" EAST 446.86 FEET; THENCE NORTH 49046'51" EAST 390.27 FEET; ' THENCE NORTH 75036100' EAST 152.80 FEET; THENCE NORTH 88017.55' EAST 404.16 FEET; THENCE NORTH 02027'46' EAST 186.17 FEET; THENCE NORTH 25047'27• FAST 33D.97 FEET; THENCE NORTH 89015'2-1' EAST 308.03 FEET; uwiasi- wa�x�.me L"nvml = PACE 4 Cooperative Agreement 21 of 30 0 AIL -W 0 THENCE NORTH 11834'59' EAST 2549.93 PEST; THENCE NORTH 11 006'169 WEST 1038.44 FEET; THENCE NORTH 10047'04 EAST 235.15 FEET; _ THEIXE NORTH 35 °06'10' EAST 551.26 FEET; THENCE WORTH 16°38.20' EAST 181.60 FEET; THENCE NORTR 18 054'59' WEST 188.16 FEET; THENCE NORTH 16 025'40' PAST 424.32 FEET; THENCE NORTH 29010.03' EAST 196..98 FEET; THENCE NORTH 14024.00" PAST 152.80 FEET; THENCE NORTH 52016.30' PAST 67.01 FEET; THENCE NORTH 80017'00' EAST 148.12 FEH'P; THENCE NORTH 37 027'15' EAST 274.61 FEET; TlE SOUTH 33000'209 EAST 789.39 FEET; - _HENCE NORTH 70 °38'36' EAST 784.31 FEET; THENCE SCUM 02 059.35' WEST 306.42 FEET; -U= SCUM 22 006.'OO' EAST 356.17 FEET; _ MOCE SOUTH 35818158" BAST 2345.66 FEET TO WESTERLY TEM-OMS OF THAT CERTAIN COURSE DESCRIBED AS '500TH 44031'21' EAST 678.84 FEET' SN THE EXIST3AG NORTHEASTERLY BOUNDARY OF SAID 1300K 13439, PP&E 94 -132; THENCE LPAVI19G THE BOUNDARY OF SAID BOOK 14292. PACS 953 -965 AND ALONG, THE NORTHEASTERLY BOUNDARY OF SAID BOOR 13439, PAGE 94 -132; THENCE SCUM 44031.210 EAST 678.84 FEET; THENCE SOUTH 71826.28' BAST 584.39 FEET; fsini- cecz.n.ax ie lxs l sc PAGE 5 Cooperative Agreement 22 of 30 0 ....: THENCE SOUTH-85006126' EAST 515.88 FEET; THENCE SOUTH 74032.30' EAST 420.20 FEET; E THENCE SOUTH 66047'38' EAST 548.66 FEET TO A POINT ON THE SOLYrHE+ASTERLY LINE OF HLOCK 161 OF SAID TRVTNE'S.SUBDIVISION; THENCE LEAVING THE NORTHEASTERLY BOUNDARY OF SAID HOOK 13439, PAGE 94 -132 AND ALONG THE SOUTHEASTERLY LIMB OF SAID BLOCK. 161 NORTH 40033'59' EAST 188.12 FEET TO A POINT ON THAT CERTAIN COARSE HEARING `NORTR 34 056'51' WEST 457.86 FEET' IN THE - EXISTING BOUNDARY OF "THE PROPERTY- DESCRIBED IN GRANT DEED TO THE CITY OF LAGUNA BEACH RECORDED JUNE 27, 1991 AS DOCUMENT NO. 91- 330557 IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID COURSE AND THE SOUTHWESTERLY BOUNDARY OF 'THE PROPERTY' OF SAID GRANT DEED NORTH 34055'56' WEST 53.88 FEET; THENCE NORTH 68021.18' WEST 560.20 FEET; THENCE NORTH 60007.54' WEST 785.39 FEET., THENCE SOUTH 83028'56' WEST 326 -82 FEET; THENCE NORTH 66 044.01' WEST 658.40 FEET ;, T:'.ENCE NORTH 390'06'41' WEST 465.65 FEET; ::IENCE NORTH 54032'38' WEST 526.14 FEET; THY,NCE NORTH: 34026'230 WEST 410.92 FEET; THENCE NORTH 12044'599 EAST 337.73 FEET; THENCE NORTH 24022.24' WEST 331.27 FEET; THENCE NORTH 38 033'34" WEST 489.32 FEET: THENCE NORTH 22014.13" WEST 315.36 FEET; THENCE NORTH 41041'22• WEST 538.97 PEET; THENCE NORTH 46030'42' WEST 848.19 FEET; .sua3i-}mtw.m lmnvmb n PAGE 6 Cooperative Agreement 23 of 30 • • SEWPORT COAST ANNSXL =w NO.Ca01 -06 To THE CITY or NEWPORT Em:MM THENCE NORTH 71006'53" WEST 244.14 FEET; THENCE SC TTB 89009,04" WEST 252.22 FEET TO THE SOJTHWES=RLY PROLONGATION OF THE COURSE DESCRIBED AS 'NORM 40°00'00" EAST 66:x.00 FEET' IN ANNEXATION NO- -1 {F}iPS ANNEXATION) TO THE CITY OF IRVINE, THENCE ALONG SAID-PROLONGATION NORTH 40 °33,'37^ PAS: 271.97 FEET TO A POINT IN THE SOUTSEASTERLY BOUNDARY OF THE CITY OF IR77INE PS ESTABLISHED BY. 'REORGANIZATION NO. R097 -04' DISTANT THEREON SOME 64016'17' EAST 1340.14 FEET MM THE NORTHWESTERLY TERMINUS OF THAT CEW;LZN COURSE DESCRIBED AS "NORTH 64016'170 WEST 4468.85 FEF,T" IN TED; CEI:^.ERLIM OF TR -73 (SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR) AS DESCRIE= IN 3ARCEL 1 OF SAID REORGANIZATION 190. R097 -04; .. THENCE ALONG SAID EXISTING CITY - BOUNDARY AND THE CTENTMIL-- iE OF TR -73 PER SAID •REORGANIZATION NO. 8097 -04' THROUGH TAEIR VARIOUS COURSES IN A GENERAL NORTHWESTERLY DIRECTION TO AN ANGLE POINT :N THE EXISTING CITY OF NEWPORT BEACH BOUNDARY AS ESTABLISHED BY ^REORQAYIZATICN NO. R097 -35', SAID POINT BRING THE SOUTHEASTERLY TER`UMM OF • V- T CUL ?.SE DESCRIBED AS "NORTH 69° 24'23' WEST 2092.45 FEF,T'; 7FENCE ALONG SAID EXISTING CITY BOUMARY PER SA -3 "REORGANIZATION NO. ?.097 -35' THROUGH ITS VARIQIIS CWRS::S L1; A =-- awoR.nu—� STERLY, SOL- MERLY, SOUTHEASTERLY AND WORTHWESTE3LY D- 3?CTIC To w TRUE POINT Or awla ncENG. CONTAINS 7,799 ACRES, MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF, IS A MAP DESXW:ATED AS EXHIBIT .B. -0 OBTAIN THE GRID DISTANCE AT OPS PT. NO. 6247, MUGT:PLY THE GROUND DISTANCE BY 0.99996664. THIS LEGAL DESCRIPTION WAS PREPARED BY ME, OR UNDER MY SUPERVISION FROM RECORD ONLY. NO FIELD SURVEY HAS BEEN C VERIFY ANY RECUR O . *f REX S. PLDMMSR, PLS 6641 EXPIRATION DATE 12/31/03 NQ 6641 s�s.si- rcatw. nee [Oi/1Ngi a PAGE 7 Cooperative Agreement 24 of 30 0 0 s�rr •a• . . MM ORT COAST A1VM=ATI ff uo.cawl -ao TO TM C= r OF IM24MT sEACS THIS PROPOSAL DOES MEET THE APPROVAL OF TEH ORAME COUWrf SURVEYOR'S OFFICE. DATRD Tfi,ZS ���^ DAY OF --iOk-l+c- 2001. VV \.Wgli JVl(Y82 Vfi !(�! LS S TIOM OATEN 09130/01 ppp. rm�vai -._. Un.me 94VIN t a PAGE 8 Cooperative Agreement 25 of 30 0 '!D OI cn �m 3 xarf mA ms ern ma AM ML m .. ANNE%AON R NO. Y uroures x�was (FRAM A � ON) —� —� 80NRA YON ROAD ROAD WY . , In I � gSAN IOAWM NC RRDM rNWMTAT" \ -- - - -- 'I' -1. ". tt+v�r+s js age fy f !f I 0 f I WIN f f p�q�C L — I F�GF�WAY�� I I — t- f I p pYYq � /.�.r ++4�gItVA OmgICM'OPIQMYIALVAtrgOr `E AMY p✓rNiIYYtY XAG 4pNQ1pYPq 'FN4AMP tl1Ytl1Y 0Y NIPt iy1YA9Y F6I RWNNQAGRI Maw =1L cm RAN PAAIr BN K . •,••wv OF otw "a Pox OR wwwA RAG reoawm a Im AS OOC M} AFJ v V'A I ®NpDAN3 YlEf AMN9 1.0.4 YpgNSMYffv� II AWgPEIIr OvNAxs 4m1A{'AE8amwGu. I APPAVAY IYIEpIAAWYY'Yw AMfff yybbVg�VYY I � 110N mr Wm mm" Ll o 1 mmmromu ANAAfAWAIrm mm cn� a mw UQM AW�4y'YO/4tY91 x rY� co 0 0 0 0 Exhibit C Summary of Development Approvals The components of the Development Plan as shown by various Development Approvals include: A. Newport Coast Local Coastal Program V Amendment and all further amendments adopted before the City assumes permit issuing authority for the property as provided for within this Agreement. The Newport Coast Local Coastal Program, 2"d Amendment was approved by the California Coastal Commission on October 10, 1996; certified by the County of Orange Board of Supervisors on December 3, 1996 (Resolution No. 96- 861 and Ordinance No. 096 - 3974); and Certified by the California Coastal Commission on January 21,1997; B. Newport Ridge Planned Community Program: Approved by the County of Orange Board of Supervisors on March 17, 1998 (Resolution Nos. 98087 and 98 -88; Ordinance No. 98 -3);_ C. Newport Coast Master Coastal Development Permit r Amendment (PA 970152); Approved by the County of Orange Planning Commission on July 21, 1998; D. First Amendment to the Irvine Coast Development Agreement: Recorded April 2, 1997 (No. 19970149745); and E. Related secondary implementing approvals, permits, and actions pursuant to and consistent with the foregoing (e.g. subdivision maps, individual coastal development permits, grading plan approvals and permits, etceteras). F. An Annexation and Development Agreement between the City of Newport Beach, The Irvine Company, and Irvine Community Development Company; approved by the Newport Beach City Council on July 24, 2001. Cooperative Agreement 27 of 30 • • Exhibit D' • :MM T lWI ®R mr� � �•� � A it �� -�� .aprp owwn IfSIOII m5II jniYS OP1 t Cooperative Agreement 28 of 30 • Exhibit E 0 Orange County LAFCO Condition Relating to Open Space Areas CA 01 -06 NOW, THEREFORE, the Local Agency Formation Commission of the County of Orange DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: Section 2. The proposal is approved subject to the following terms and conditions: h) Upon annexation of the territory to the city, all right, title and interest of the County, including underlying fee where owned by the County in any and all public roads, sidewalks, trails, landscaped .areas, open space, street lights, signals, storm drains and bridges shall vest in the City, except for those properties to be retained by the County specifically listed by these conditions except as otherwise agreed to by the City and the County. Cooperative Agreement 29 of 30 • • Exhibit F Map of Open Space and Recreational Areas to be Retained by County ® Retained by County Exhibit F Map of Open Space and Recreational Areas to be Retained by County AMR ,a Cooperative Agreement 30 of 30 W.W$DCecRDW W..Ov (714) 834 -4760 Robert H. Burnham City Attorney City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 • OFFICE OF • THE COUNTY COUNSEL COUNTY OF ORANGE 10 CIVIC CENTER PLAZA MAnJNG ADDRESS: P.O. BOX 1379 SANTA ANA, CA 92702 -1379 (714) 830.3300 FAX (714) 8342159 November 15, 2001 BENJAMW P. de MAYO COUNrY COUNSEL JAMES F. MEADE DEBORAH M. GMEINER ASSISTANTS EDWARD N. DURAN ANN E PLETCHER RICHARD D. OVIEDO AMY B MORGAN HOWARD SERBIN MAROARE'TBEASTMAN ROBERTLAUSTIN DANALSTITS DONALD H. RUBIN JAN T. MARTIN BARBARA L STOCKER MARWBBJVANRIVER JAMES L TURNER JAMES C. HARMAN -. NICHOLAS S. CHRISOS JULESI AGIN ' THOMAS F. MORSE LAURIE A PEACH WANDA S. FLORENCE DAN(B RSIEP9ARD HOPEE SNYDER JOYCERILEY . THOMAS r— AM PAULA A, WHALEY SHER16ACIRISTENSEN THOMAS A. MRD R ADRIENNE& HECKMAN STEVEN C. MULER KARYNJ.DR7ffiSEN ALERANDRAO.MDRGAN KAREN R. PRATJER CAROLYN S. EWDST JIM PERSINCER. ROBHR1N.EKVAL4 GBOPFRBYXHUNr BETHLLBWIS JACK W. GOLDEN LAURAD.KNAPP CHRLRTOPIERLME.LFR JEFFREY M PICKARD ROBERT G. OVERBY ROOST P. FREEMAN DANA. P. TORRES NICOLE A. MMS - JOHNH ABBOTT NBOTB, Qo DAFTARY MICHRIELPALMER VERONICA& PAWLOWSKI WARD BRADY JEANNBESU CHRISTOPHER M DARGAN JAMES C. HARVEY JANF7.LBM BROCK REMAL WiANDOUR RACHELMBAVIS DEPUTIES Re: Cooperative Agreement for Processing Newport Coast Land Use Approvals Dear Mr. Burnham: This transmits, for your records, a fiilly executed copy of the above Cooperative Agreement as approved by the Board of Supervisors on October 23, 2001 along with a related minute order. If there are any questions regarding this matter, please do not hesitate to contact me. Very truly yours, BENJAMIN. P. de MAYO COUNTY COUNSEL rum 1" cc: Nick Chrisos Encolsure 0 0 ORANGE COUNTY BOARD OF SUPERVISORS Oef6ber 23, 2001 Submitting Agenev/Deaartment: PLANNING AND DEVELOPMENT SERVICES Approve agreement with City of Newport Beach for processing of land use approvals in Newport Coast - District 5 (Continued from 9/25/01, Item 15;10/2/01, Item 15) The following is action taken bg Ow Board of &Wernlsom APPROVED AS RECOMMENDED ® OTHER O Unanimous ® (1) Smu. Y (2) SILVA: Y (3) SPITLER: Y (4) LOAD: Y (5) WILSON: Y Vote Key: Y =Yes; N =No; B Abstain; X= Excused; B.O. =Board Order Documents accompanying this mater: O ResohaWs) O Ordinances(s) O Contract(s) :tern No. 18 Special Notes: Copies sent to: I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors , Orange County, State of California DARLENE J. BLOOM, Clark of the Board I 0 Resolution 2001- 94 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING THE COUNTY OF ORANGE'S MASTER PLAN OF DRAINAGE FOR THE NEWPORT COAST COMMUNITY WHEREAS, the County of Orange has enacted and approved a Master Plan of Drainage for its unincorporated communities; and WHEREAS, this Master Plan describes the watersheds and structural drainage systems that exist in each unincorporated community; and WHEREAS, the City of Newport Beach has filed for and received Local Agency Formation Commission approval for the annexation of unincorporated territory known as the Newport Coast and described within LAFCO Resolution CA #01 -06; and WHEREAS, should its annexation of the Newport Coast community be successful, the City of Newport Beach will administer and maintain the same watersheds and structures for the unincorporated area known as the Newport Coast after annexation; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby accepts and adopts the County of Oranges Master Plan of Drainage for the territory described in LAFCO Resolution CA #01 -06, otherwise known as the Newport Coast community. ADOPTED this 27a+ day of November, 2001. paw GAROLD B. ADAMS Mayor of Newport Be ATTEST: LAVONNE HARKLESS Newport Beach City Clerk 6 ss �Cl FOa�`' - 0 • STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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. 2001 -94 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 27th day of November, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Absent: Mayor Adams Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of November, 2001. (Seal) d-t,76� City Clerk Newport Beach, California S� 0 ITEM C -3f12 g TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant City Manager Robert Burnham, City Attorney SUBJECT. Authorization to Execute: Pre- Annexation Agreement implementing Annexation Terms for the Newport Coast, and Cooperative Agreement for Planning Services with the County of Orange. RECOMMENDED Authorize the City Manager to execute two Agreements: ACTION: (1) A Pre- Annexation Agreement that implements previously- approved annexation terms and conditions for the Newport Coast community; and (2) A Cooperative Agreement with the County of Orange for Planning Services consistent with Development Agreement #14 (between the Irvine Company and the City of Newport Beach). BACKQROUN The Newport Coast community is a 7,799 -acre region within the City's sphere of influence that lies immediately southeast of the city's limits at Corona del Mar, 5-:_7 Harbor Ridge, and Bonita Canyon (see map in Attachment A). When ultimately 'r 2 $ developed, it will contain up to 5,150 residential dwelling units, 2,150 resort k�� 1 accommodations, two retail commercial centers, and extensive open space %dedicated for public use. The open -space dedications are contingent upon, and APPROVED `phased with' completion of development. Today, about 3,000 of the 5,150 residential dwelling units are built and occupied. Both commercial centers are under development, with the center at San Joaquin Hills Road and Newport Coast Drive slated to open in early 2002. Only about 150 of the 2,150 resort accommodations are built or under construction (the Marriott Newport Coast Villas). County demographers report that about 7,000 people live in the Newport Coast today. In September 2000, the City Council directed staff to proceed with filing an annexation application with the Local Agency Formation Commission (LAFCO) for the annexation of the Newport Coast. The City filed this application in March 2001. In part because this annexation has been such a long process, a timeline of related Newport Coast actions is included as Attachment B. Pre- Annexation Agreement with Newport Coast Community. As a part of its filing, we included a set of 15 "terms and conditions" approved by your City Council in September 2000 that the City would provide to the residents of the Newport Coast upon annexation (see Attachment Q. These terms and conditions agreed to after more than three years of discussion with residents of 0 0 the Newport Coast community acting as the Newport Coast Committee of 2000 (Nme)• "Terms and conditions" is a phrase of substantial meaning in LAFCO law (Government Code 56000 et seq). Typically, LAFCOs apply terms and conditions that local agencies must satisfy before the LAFCO executive officer can certify the final documents associated with an annexation. These terms and conditions usually relate to the payment of tax revenue, transfer of employees, the formation of special districts, and more. In preparing the City's LAFCO application for hearing, LAFCO staff have noted that the majority - if not all - of what we called "terms and conditions" may not be within LAFCO's purview to approve, since almost all of them direct the City to perform certain activities after annexation occurs. LAFCO staff suggested instead using a pre-annexation agreement to implement the 15 actions. After consultation with the City Attorney and representatives of the NCC2K, we have agreed to develop this pre - annexation agreement and to present it to LAFCO at the time of the first hearing. The Agreement itself will be between the City and a representative resident group - likely to be the NCC2K or the two master homeowners' associations that govern the Newport Coast today (the Newport Ridge Master HOA and the Newport Coast Master HOA). The Agreement will specifically address the manner in which the City addresses, admininsters, and achieves each of the 15 actions proposed and approved by your Council in September 2000. Cooperative Agreement for Planning Services with the County of Orange. In June and July, 2001, the City entered into an Annexation and Development Agreement (DA #14) with the Irvine Company that transfers municipal land use authority in the Newport Coast (already bound by a County development agreement and the Newport Coast Local Coastal Program, 2nd Amendment) to the County of Orange. The Agreement, in part, requires the developer to support and help facilitate the annexation of the Newport Coast as long as (among other things): 3.1.1(c) The City transfers municipal land use authority (including the issuance of building and grading permits) to the County pursuant to a joint powers or similar agreement and/or ordinance until such time as the Project is complete or until OWNER consents, in writing, to an assumption of municipal land use authority over all or a portion of the Property. LAFCO has also suggested that the City and County enter into a Cooperative Agreement with the County of Orange's Planning and Development Services (PDS) Department to implement the above provision of DA #14. The City Attorney concurs that a Cooperative Agreement will be the best way to address issues such as: Building and Grading Permits on the existing entitlement; Building Inspections on permitted facilities; Administration of the Newport Coast's open space dedications and acreage within the Coastal Natural Communities Conservation Plan (NCCP); and 2 9 0 • Transferring documents and land use responsibility after the County issues Certificates of Occupancy for residential and commercial properties. THIS AGENDA This Agenda Item asks the City Council to do two things: ITEM: (1) Authorize the City Manager to execute a pre - annexation agreement between the City and representatives of the Newport Coast residents that is consistent with, and will establish the procedures necessary to implement, the 15 actions approved by the City Council as "terms and conditions" in September 2000. (2) Authorize the City Manager to enter into a contract with the County for the provision of planning and building services that is consistent with the terms of the development agreement between the City and The Irvine Company. These agreements, when executed, will be provided to the Council during a public meeting as a "receive and file" item and to the public via the City s website (www.city.newport- beach.ca.us). ATTACHMENTS: Attachment A - Map of the Newport Coast annexation area Attachment B - Summary of Newport Coast Annexation and Sphere actions Attachment C - "Terms and Conditions' adopted in September 2000 3 i Page left blank intentionally 9 EXHIBIT C 0 NEWPORT COAST & RIDGE NEWPORT COAST/ NEWPORT RIDGE Attachment A Proposed Annexation Area City of Newport Beach (Existing) 0 Crystal Cove State Park • —• Sphere of Influence Boundary - — Sphere (To 3 miles out) -- City Boundary NEWVOFT �° COAST f CRYSTAL COVE STATE PARK \� N (NORTH /COASTAL SECTION) W F 0 1,600 3.200 Feet 5 Ne"n�Va� Page left blank intentionally i 0 Attachment B Summary of Newport Coast Annexation and Sphere Actions Discussions /hearings relating to Sphere of Influence: August 1970 City submits first Sphere map to LAFCO February 1971 City Council establishes "Downcoast Development Committee" September 1972 Execution of an Agreement between the Irvine Ranch Water District and the City regarding water and wastewater service in the Newport Coast. Study Session entitled "Downcoast Annexation Analysis" August 1973 Council Hearing on "Downcoast" Annexation - Council adopts a Sphere of Influence report that includes the Newport Coast (Area "G ") September 1973 Revision of 1972IRWD /City Agreement May 1975 Report by Public Works Director on infrastructure improvements made within Newport Beach in anticipation of annexation of the Newport Coast October 1975 Council hearing on "Downcoast Sphere of Influence" August 1976 City Council adopts Resolution 8878 setting forth the eastern edge of the Sphere of Influence at Muddy Canyon September 1976 Newport Coast added to Newport Beach Sphere of Influence September 1979 LAFCO review of Newport Beach's Sphere of Influence - Newport Coast retained within Sphere. July 1980 LAFCO and City Council re- affirm Newport Beach's Sphere of Influence, including the Newport Coast August 1983 LAFCO and City Council re- affirm Newport Beach's Sphere of Influence, including Newport Coast Recent Discussions /Hearings relating to Annexation: February 22,1999 Discussion of proposed annexation; Motion to have new ad -hoc committee meet with Coast Residents September 27,1999... Notice to interested. Agencies: Intent to initiate proceedings for the reorganization of territory... Set OcL 25, 1999 as Public Hearing October 25, 1999 Resolution of intent to initiate proceedings for the reorganization of territory; Adoption of resolution requesting LAFCO to initiate proceedings. February 22, 2000 IRWD Agreement over Water /Sewer Service in proposed Annexation Areas. April 11, 2000 General Plan Update May 23, 2000 Budget Information dealing with annexation June 27, 2000 Discussion of Street Sweeping and Library Needs in Newport Coast Area. September 12, 2000 Notice of a Resolution of Intent set for the next agenda for application with LAFCO. September 26, 2000 Public Hearing on the Adoption of Resolution of Application Requesting Initiation of Proceedings to Reorganize Territory & Rescinding Resolution 99-71. October 24, 2000 Review of Zoning & Development Agreement necessary to provide for annexation. October 24, 2000 Prezoning & Development Agreement for the Newport Coast / Ridge Area - Second Reading October 24, 2000 Building Department Plan Check Review: Annexation will increase the need for more employees in Department. December 12, 2000 Acceptance of Law Enforcement Grants January 27, 2001 Annexation Update - Council Study Session February 27, 2001 Formation of Annexation Ad Hoc Committee March 27, 2001 Discussion /Adoption of Resolution relating to the City's Intention to submit and certify a Local Coastal Program (LCP) for the City and for the Newport Coast I May 8, 2001 Resolutions authorizing LAFCO to Process the Annexation Areas as Individual Application and Agreeing to the Master Property Tax Exchange for the Newport Coast Annexation Area June 26, 2001 Discussion regarding the Annexation and Development Agreement with The Irvine Company for the Newport Coast. July 10, 2001 Adoption by Ordinance of the Newport Coast Annexation and Development Agreement (DA No. 14) w/ the Irvine Company. July 24, 2001 Second Reading of Ordinance relating to the Annexation and Development Agreement regarding the Newport Coast August 14, 2001 Adoption of a Resolution agreeing to a Master Property Tax Exchange Agreement for the Newport Coast August 28, 2001 Authorization for the City Manager to enter into an Annexation Agreement with the Newport Coast Community regarding annexation terms and conditions; Authorization to enter into an Agreement for Planning Services with the County of Orange. Attachment C NEWPORT COAST REORGANIZATION TERMS AND CONDITIONS As Adopted by the City Council on September 26, 2000 with further changes made after consultation with NCC2K on October 13, 2000 1 — Newport Coast Advisory Committee. At the date of the Conducting Authority hearing on the Newport,Coast and Newport Ridge ( "NEWPORT COAST") annexation (CA01 -06), the City of Newport Beach ( "CITY") shall establish the Newport Coast Advisory Committee ( "NCAC "). The NCAC shall consist of seven (7) members, four (4) of whom shall be appointed by the Newport Coast Committee of 2000 and three (3) of whom shall be appointed by the City Manager after consultation by the City Council. Should Reorganization #00-_ not be certified by LAFCO, the City shall disband the NCAC. 2 — Infrastructure Buyback. City will partially reimburse owners of improved residential lots in Newport Coast by purchasing specific municipal infrastructure facilities funded through County Assessment Districts in the Newport Coast. Upon receipt of first payment from January 24, 2000 Settlement Agreement ( "SETTLEMENT AGREEMENT") between IRWD and City, City will segregate $1,200,000 in a separate interest - bearing account. City shall apportion and pay the First Buyback Payment ( "FIRST BUYBACK PAYMENT") as soon as possible at a time and in a legal manner of apportionment to be determined by the Newport Coast Advisory Committee after consultation with the City Attorney. First Buyback Payment shall. equal $1,200,000 plus interest between date of segregation and date of expenditure. On the 16, 2nd, 3`d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11', 12', 13th, and 14th anniversaries of the First Buyback Payment, City shall pay $1,200,000 ( "Anniversary Payments ") as soon as possible and in a manner of apportionment similar to the apportionment of the First Buyback Payment. Revenue from the First Buyback Payment and any Anniversary Payment shall only be apportioned to owners of improved residential lots. 3 -- Expert Review of ADs #88 -1 and #92 -1. City will hire and/or direct in -house staff to diligently examine documents associated with County Assessment Districts #88 -1 and #92 -1 and to resolve outstanding issues regarding these Districts to a satisfactory conclusion within 12 months of certification of Reorganization #01 -_. Examination effort shall be overseen by the City Council and the NCAC. 4 -- Civic Center. City shall allocate up to the entirety of a $7 million Newport Coast Civic Center Account ( "CIVIC CENTER ACCOUNT") for a Civic Center in the Newport Coast of approximately 22,000 square feet. Center's primary location shall be adjacent to or within Newport Ridge Park depending upon community input. An alternative site may be at the top of Ridge Park Road (within new park not yet constructed). Upon formation of NCAC, City shall make funds available immediately for planning and design, with construction anticipated in FY 2002 -03. Funds in Civic Center Account shall only be used for actual costs of construction, including permitting and design and shall not include City administrative overhead, furniture, fixtures, and equipment (FF &E), or other indirect incidental costs. NCAC shall direct and approve final design of Center as long as design does not impair City's ability to operate and maintain Center. Center may contain, among other things, a gym, library, meeting rooms, and ancillary rooms. Center shall be a City -owned and operated asset with a Newport Coast resident -based reservation preference system developed by the NCAC. Preference system shall not allow arbitrary cancellation of properly - scheduled events. If by June 2003, the Civic Center has not been planned and the City Council after consultation with the NCAC deems that the Center is not wanted by the Newport Coast Community, revenue remaining in the Civic Center Account shall be added to the Infrastructure Buyback provisions of Condition #2 and shall be returned over a period of three (3) years between June 2003 and June 2006. 5 — Remainder of Account. If Civic Center is constructed and revenue remains in the Civic Center Account, such revenue shall be added to the Infrastructure Buyback provisions of Condition #2 and shall be returned to owners of improved residential lots within six (6) months of issuance of Certificate of Occupancy for Civic Center. rG � n i • 6 -- One Council District. Upon effective date of reorganization, City shall draw Council boundaries after reorganization such that Newport Coast is placed within a single City Council district upon reorganization through the first regularly scheduled City Council election (November 2002) following reorganization. 7 -- Retention of IRWD. City agrees to retain IRWD as the Newport Coast's provider of water, sewer, and reclaimed water service. City shall enforce and follow the terms of the Settlement Agreement as it relates to rate protection and IRWD's Improvement District levies ( #140/240 and #160/260). 8 — Fire and Emergency Medical Services. Upon effective date of reorganization, City shall provide the identical Fire and EMS service to the Newport Coast that it provides to the remainder of the City. Such service shall include the placement of a Paramedic Assessment Unit (including a full -time paramedic) at the Newport Coast Fire Station (Station #52) immediately following City's takeover of services. 9 — Law Enforcement Services. Upon effective date of reorganization, City shall add one additional patrol beat and related staffing. In addition, City will realign beat structure such that Newport Coast becomes a part of two separate patrol beats (such beats shall include portions of current City as well) to enhance coverage in Newport Coast. Response times and staffing levels in Newport Coast shall be consistent with those enjoyed by remainder of City. City shall, upon consultation with the NCAC, provide specific on -site but temporary law enforcement services to the Coast as requested, using facilities at the civic center or fire department for events such as crime prevention presentations, fingerprinting small children, signing up alarm accounts, distributing material and more. 10 — Public and Private Parks. Not more than two months after the formation of the NCAC, the NCAC shall determine which park facilities shall remain "private" and administered and maintained by Newport Coast HOAs. The private swim and tennis facility at Ridge Park Road shall remain private. Upon receipt of this determination from the NCAC, City shall accept any Irrevocable Offer of Dedication associated with all Newport Coast parks (except the swim and tennis facility mentioned above) and, where portions of such parks shall remain private, shall lease back private portions to area HOAs in a manner acceptable to the City Attorney. City shall offer these leases for the longest feasible term at $1 per year. Leases shall assign all liability obligations for the private portions of these parks to Lessees (HOAs). City or its contractor shall maintain facilities to standards in place today in the Newport Coast. City will use current landscape maintenance companies subject to City's competitive bid practices 11 — Public Common Areas, Slopes, and Medians. City shall maintain all slopes, medians, parkways and common areas outside of gated communities unless such areas are retained as private by the NCAC. City shall maintain facilities to standards in place today in the Newport Coast. City will use current landscape maintenance companies subject to City's competitive bid practices. 12 — Curbside Residential Refuse Collection. Upon effective date of annexation, City will pay for curbside residential trash collection (but not for collection from commercial, hotel, timeshare, or multi- family uses) for as long as similar refuse collection is provided "free" to residences in Newport Beach's pre -1996 city boundaries. Any future change to Measure Q (1996) that directs all residents to pay for trash collection City-wide shall apply to the Newport Coast as well, thus nullifying "free" refuse collection per this Condition. 13 -- Aviation Committee Appointment. Upon certification of reorganization, City Council shall appoint one or more Newport Coast representatives to the City's Aviation Committee. 14 -- SCE Encouragement. Upon certification of reorganization, City shall use its 'best efforts" to encourage Southern California Edison to bury underground power lines BD) in the Newport Coast. 15 —Athletic Fields. The NCC2K has expressed a desire for alighted athletic field to be permitted within the Newport Coast. The NCAC will recommend a location for this field (excluding Newport Ridge Park from any consideration) that minimizes homeowner impact. City will support such a recommendation provided that all lighting meets City standards.