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Home My WebLink AboutC-3175 - Amendment No. 1 to the Annexation Agreement, Memorandum of Understanding regarding annexations of Newport Coast and Bonita CanyonAMENDMENT NO. 1 TO THE ANNEXATION AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE ORANGE COUNTY FIRE AUTHORITY RECITALS This Amendment No. 1 ( "Amendment ") revises the Annexation Agreement ( "Agreement ") dated November 20, 1997 between the City of Newport Beach ( "City ") and the Orange County Fire Authority ( "OCFA "). The Agreement described processes and duties relating to the annexations of the Newport Coast community and the Bonita Canyon area in advance of and following the annexation of these areas. This Amendment is intended to authorize OCFA's continuing role in planning and development services in specific areas of Newport Beach known as Newport Coast. Pursuant to a Cooperative Agreement dated October 9, 2001 between the City of Newport Beach and the County of Orange, all planning and development services in Newport Coast will remain under the authority of the County of Orange until an individual planning area is completed and the maps and related documents associated with the completed planning areas are received by the City of Newport Beach's Building Department. In order to continue an orderly, coordinated planning and development process, this Amendment is intended to authorize the OCFA to provide fire - related planning and development services in cooperation with the County of Orange in the area of Newport Beach known as Newport Coast for any planning area not yet transferred to the City's Building Department. AMENDMENT No. 1 Section 2 ( "Assumption of Fire Services Upon Annexation ") is hereby amended to read: 2. Assumption of Fire Services Upon Annexation. a. Upon the effective date of the annexation of areas within the Annexation Area to the City, the City shall assume responsibility for Fire Services in the areas annexed, with the exception of the fire - related planning and development services described in subsection (b). As used in this Agreement, "Fire Services" shall include fire prevention, fire suppression, emergency medical services, and hazardous materials response. 154502.3 - Version 7 -31 -02 1 0 0 b. Planning and Development Services Following Annexation. During the time immediately following January 1 2002 and until the date upon which each individual Planning Area in the annexation area is transferred to the City ( "Transfer Date ") the City hereby authorizes the OCFA to provide, and the OCFA shall provide, all planning and development responsibilities ( "Responsibilities ") in that Planning Area. Upon and following each Transfer Date, the City of Newport Beach's Fire Department shall provide all fire - related planning and development services for that transferred Planning Area. An example illustrating this process follows. If the County of Orange is processing all plans for Planning Area 22, OCFA shall provide fire - related plan check and inspection for all homes within Planning Area 22 until such time as Planning Area 22 is built -out. The City of Newport Beach shall then assume plan -check and inspection responsibilities for homes in Planning Area 22 once the City's Building Department receives all of Planning Area 22's documentation from the County of Orange's Planning and Development Services Department. Responsibilities shall include: 1. Review of tract maps and approval of access, roadway width, signage, water supply, fire hydrants and other associated development features as required. 2. Review, approval, and initial inspection of fuel modification plans for areas Jacent to wildland fire areas. 3. Plan review, approval, and inspection of all new construction including all fire protection systems that were subject to approval by OCFA prior to annexation. All Responsibilities shall be delivered in accordance with the codes and standards adopted by the County of Orange and enforced by OCFA unless specifically agreed otherwise by the City, OCFA and the County of Orange in cases where the County's agreement is legally required. Notwithstanding this Section, the City shall provide all routine inspection services, including issuing all operating permits prescribed in the Fire Code, and other maintenance - related services to the Newport Coast area regardless of whether or not a planning area has been transferred. C. OCFA is hereby authorized to collect and retain fees to recover the cost of providing these services to the City in accordance with OCFA's then - current fee schedules; provided however, that such fees shall not be applicable to the County of Orange or public school projects. 154502.3 - Version 7 -31 -02 2 0 0 This Amendment No.1 is effective January 1, 2002 and remains in effect until all planning areas in the Newport Coast area have been transferred to the City. This Amendment No.1 shall be interpreted in a manner consistent with Government Code section 6500 et sea. ( "Joint Exercise of Powers ") and the October 9,2001 "Cooperative Agreement' between the County of Orange and the City of Newport Beach. It may be terminated, upon 60 -day written notice to the other by either party. IN WITNESS WHEREOF the parties hereto have caused this Amendment No.1 to be executed as set forth herein below. 154502.3 — Version 7 -31 -02 3 ORANGE COUNTY FIRE AUTHORITY Date: R Chris Chairperson ATTEST: Date: U 9 - A (o -D), Q By: ) I C..-n � �/ti 04LV L1 Clerk of A Authority APPROVED AS TO FORM: TERRY C. ANDRUS GENERAL COUNSEL Date: Ffi l 2-act2 By: �` G (Signatures continue on Page 4) 154502.3 — Version 7 -31 -02 3 • 0 CITY OF NEWPORT BEACH By: Dated: Tod W. Ridgew Mayor ATTEST: y (/ lu V l - G�✓� Dated: City Clerk APPROVED AS TO FORM: ROBER H. BURNHAM CITY TORNEY By: Dated: COUN FORANGE Dated: ATTEST: Dated: Clerk of the Board APPROVED AS TO FORM- BENJAMIN P. DE YO COUNTY COUN L Dated: i By: 154502.3 - Version 7 -31 -02 4 • ITE 14 TO: Members of the Newport Beach City Council �,__ FROM: Tim Riley, Fire Chief 4 z— SUBJECT: First Amendment to the 1997 City -OCFA Annexation Agreeriel AUG 1 3 6u1 Regarding Properties in the Newport Coast �1� p RECOMMENDED Authorize the Mayor to execute the attached 15t Amendment to the 1997 City- ACTIONS: OCFA Annexation Agreement. BACKGROUND: On November 20,1997, the City and the Orange County Fire Authority (OCFA) entered into an agreement ( "1997 Agreement ") that described how the City and OCFA would transfer fire - related responsibilities in the Newport Coast area and in Bonita Canyon following the City's annexation of each of these territories. On October 9, 2001, the City and the County of Orange entered into an agreement ( "Cooperative Agreement ") which described how the City and the County would address planning and development - related activities following annexation. Among other things, the Cooperative Agreement says that the County of Orange will continue routine plan check and building inspection in the Newport Coast by planning area. A planning area is a specific tract or development unit — there are about 25 planning areas in the Newport Coast and Newport Ridge (see map of planning areas in Attachment A). When a planning area is fully built out and when the County has issued certificates of occupancy on each home, the County will then bundle up the maps, plans, and related documents and then physically transfer them to the City. When the City has custody of a planning area's documents, the Cooperative Agreement directs that the City then has planning authority for that specific planning area. As of the date of this staff report, about 10 planning areas are completely built - out and ready for transfer, but the City and the County have not formally transferred the documents that will effectively complete the transfer. City staff met with County staff to discuss the document transfer in July 2002. On January 1, 2002, the annexation of the Newport Coast became effective. Most of the 1997 Agreement's terms were complete without major problems, including the transfer of Fire Station 52 to the City and the transfer of related property tax revenue associated with the Structural Fire Fund. Similarly, most of the Cooperative Agreements terms have been implemented successfully as well. Newport Beach City Council L 0 Page 2 However, the 1997 Agreement did not envision having OCFA continue to be responsible for fire - related plan check along with the County's plan check duties as described in the Cooperative Agreement. OCFA and City staff believe that we should amend the 1997 Agreement to clearly state OCFA's ability to continue to do fire- related plan check and building inspection services in specific planning areas following annexation up until each planning area transfers to the City's building department. At the same time, the 1997 Agreement can also be clarified to state that the Newport Beach Fire Department has the ability to provide basic inspection services (like occupancy for temporary tents, fuel modification zone compliance in built -out areas, regular sprinkler inspections for buildings that have sprinklers, and more) and all fire suppression, emergency medical, hazardous materials response, and related services. The proposed amendment also authorizes OCFA to charge fees for plan check and inspection services, as OCFA is no longer receiving property tax revenues from the Newport Coast area to assist in covering OCFA's current costs. The attached amendment to the 1997 Agreement has been reviewed by the City Attorney and Counsel for the OCFA. It will be on an upcoming OCFA Board agenda for final approval. THIS AGENDA This Agenda Item asks the Council to authorize Mayor Ridgeway to execute the ITEM: first amendment to the 1997 City-OCFA Annexation Agreement. The amendment clarifies OCFA's fire - related plan check and inspection role in the Newport Coast following annexation but before transfer of planning area responsibility to the City. ATTACHMENTS: Attachment A - Proposed 151 Amendment to 1997 Agreement Ll 1] Attachment A — Proposed 16f Amendment To 1997 City-OCFA Agreement 0 0 AMENDMENT NO. 1 TO THE ANNEXATION AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE ORANGE COUNTY FIRE AUTHORITY RECITALS This Amendment No. 1 ( "Amendment ") revises the Annexation Agreement ( "Agreement ") dated November 20, 1997 between the City of Newport Beach ( "City') and the Orange County Fire Authority ( "OCFA "). The Agreement described processes and duties relating to the annexations of the Newport Coast community and the Bonita Canyon area in advance of and following the annexation of these areas. This Amendment is intended to authorize OCFA's continuing role in planning and development services in specific areas of Newport Beach known as Newport Coast. Pursuant to a Cooperative Agreement dated October 9, 2001 between the City of Newport Beach and the County of Orange, all planning and development services in Newport Coast will remain under the authority of the County of Orange until an individual planning area is completed and the maps and related documents associated v.ith the completed planning areas are received by the City of Newport Beach's Building Department. In order to continue an orderly, coordinated planning and development process, this Amendment is intended to authorize the OCFA to provide fire- related planning and development services in cooperation with the County of Orange in the area of Newport Beach known as Newport Coast for any planning area not yet transferred to the City's Building Department. AMENDMENT No. 1 Section 2 ( "Assumption of Fire Services Upon Annexation ") is hereby amended to read: 2. Assumption of Fire Services Upon Annexation. a. Upon the effective date of the annexation of areas within the Annexation Area to the City, the City shall assume responsibility for Fire Services in the areas annexed, with the exception of the fire - related planning and development services described in subsection (b). As used in this Agreement, "Fire Services" shall include fire prevention, fire suppression, emergency medical services, and hazardous materials response. 154502.3 - version 7 -31 -02 1 0 0 b. Planning and Development Services Following Annexation. During the time immediately following January 1. 2002 and until the date upon which each individual Planning Area in the annexation area is transferred to the City ( "Transfer Date "), the City hereby authorizes the OCFA to provide, and the OCFA shall provide, all planning and development responsibilities ( "Responsibilities ") in that Planning Area. Upon and following each Transfer Date, the City of Newport Beach's Fire Department shall provide all fire- related planning and development services for that transferred Planning Area. An example illustrating this process follows: If the County of Orange is processing all plans for Planning Area 22, OCFA shall provide fire- related plan check and inspection for all homes within Planning Area 22 until such time as Planning Area 22 is built -out. The City of Newport Beach shall then assume plan -check and inspection responsibilities for homes in Planning Area 22 once the City's Building Department receives all of Planning Area 22's documentation from the County of Orange's Planning and Development Services Department. Responsibilities shall include: 1. Review of tract maps and approval of access, roadway width, signage, water supply, fire hydrants and other associated development features as required. 2. Review, approval, and initial inspection of fuel modification plans for areas adiacent to wildland fire areas. 3. Plan review, approval, and inspection of all new construction including all fire protection systems that were subject to approval by OCFA prior to annexation. All Responsibilities shall be delivered in accordance with the codes and standards adopted by the County of Orange and enforced by OCFA unless specifically agreed otherwise by the City, OCFA and the County of Orange in cases where the County's agreement is legally required. Notwithstandinq this Section, the City shall provide all routine inspection services, including issuing all operating permits prescribed in the Fire Code, and other maintenance - related services to the Newport Coast area regardless of whether or not a planning area has been transferred. C. OCFA is hereby authorized to collect and retain fees to recover the cost of providing these services to the City in accordance with OCFA's then - current fee schedules: provided however, that such fees shall not be applicable to the County of Orange or public school projects. 154502.3 - Version 7 -31 -02 2 9 0 This Amendment No. 1 is effective January 1, 2002 and remains in effect until all planning areas in the Newport Coast area have been transferred to the City. This Amendment No. 1 shall be interpreted in a manner consistent with Government Code section 6500 et se q. ( "Joint Exercise of Powers ") and the October 9, 2001 "Cooperative Agreement" between the County of Orange and the City of Newport Beach. It may be terminated, upon 60 -day written notice to the other by either party. IN WITNESS WHEREOF the parties hereto have caused this Amendment No. 1 to be executed as set forth herein below. 154503.3 - Version 7 -31 -02 ORANGE COUNTY FIRE AUTHORITY Dated: By: Susan Ritschel Chairperson ATTEST: Dated: By: Clerk of the Authority APPROVED AS TO FORM: TERRY C. ANDRUS GENERAL COUNSEL Dated:) By: [Signatures continued on Page 4 154503.3 - Version 7 -31 -02 0 0 CITY OF NEWPORT BEACH By: Dated: Tod W. Ridgeway Mayor ATTEST: Dated: City Clerk APPROVED AS TO FORM: ROBERT H. BURNHAM CITY ATTORNEY By: Dated: COUNTY OF ORANGE Dated: By: ATTEST: Dated: Clerk of the Board APPROVED AS TO FORM: BENJAMIN P. DE MAYO COUNTY COUNSEL Dated: By: 1W02.3 - Version 7 -31 -02 4 January 22, 2002 OANGE COUNTY FIR':: AUTHORITY P. O. Box 86, Orange, CA 92856 -9086. 145 South Water St., Orange, CA 92866 -2123 Chip Prather, Fire Chief (714) 744 -0400 www.ocfa.org City Clerk City of Newport Beach 3300 Newport Blvd. Newport, CA 92663 Dear City Clerk: For your records, enclosed is a fully executed original of a Quitclaim Deed for Orange County Fire Authority Station 52, 6502 Ridge Park Road, Newport Coast, CA. Sincerely, vtk_'"_ Lydia Slivkoff Assistant Clerk of the Authority Attachment Serving the Cities of. Aliso Viejo • Buena Park • Cypress • Dana Point • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • lake Forest • La Palma Los Alamitos • Mission Viejo • Placentia • Rancho Santa Margarita -San Clemente • San Juan Capistrano • Seal Beach • Stanton • Tustin - Villa Park Westminster • Yorba Linda • and Unincorporated Areas of Orange County RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES Exemr . Per Gov. Cod 03 RECORDED AT REQUEST 0 ._ RECEIVE -0 WHEN RE(� 913DEDMAIL TO: 1:•• 'M 25 ftlU :l Q Orange County Fire Authority Clerk oMlkatbPgWE Ci T Y CLERii P.O. BoXy CF NEIVPORT OEACII Orange, CA 92856 -9086 MAIL TAX STATEMENTS TO: A.P. No. 461-271-89 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder Illllllllili111111111111111111111111111111111111111111111NO FEE 2002000091311:372M 01102102 115 32 Q01 28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS IS TO CERTIFY THAT THIS DOCUMENT IS _ EXEMPT FROM PAYMENT OF RECORDING FEES UNDER GOVERNMENT CODE 6103 AND IS ALSO %e)� EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE 11922. By. �i . " /1 Nr — Project Name: Orange County Fire Authority Fire Station Transfer to City of Newport Beach QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ORANGE COUNTY FIRE AUTHORITY (FIRE AUTHORITY) do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to CITY OF NEWPORT BEACH (CITY) all RIGHT, TITLE, and INTEREST in and to the real property in the County of Orange, State of California (PROPERTY), described as: (See Page 2 for Legal Description of PROPERTY, attached hereto and made a part hereof.) MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 7 of 3 LEGAL DESCRIPTION OF PROPERTY Parcel No. AP 461- 271 -89 The land shown is described in Exhibit "A" and shown in Exhibit "B" attached hereto and made a part hereof. Page 2 of 3 ORANGE COUNTY FIRE AUTHORITY By: /'Zl� Fire Chief Signed and certified that a copy of this document has been delivered to the Chair of the Board. Attest: D� � NANCY SWA SON Clerk of the Board of Directors, Orange County, California Document: Quitclaim Deed Grantor /Grantee: Orange County Fire Authority /City of Newport Beach STATE OF CALIFORNIA) ss. COUNTY OF ORANGE ) ACKNOWLEDGMENT On 1D2 C- I 2001 before me, LV73t A St t 0 P a Notary Public in and for said County and State, personally appeared GI-H P TI ht If t 0-C- Gf-1 -1 G r , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1 Si nature LYDIA SLI FF 9 y Q COMM. #1265551 Q NOi � � 9 �My Comm. ExP My 25,2(04A Approved as to form: Legal Description reviewed General Counsel By Date Bv Date Page 3 of 3 EXHIBIT "A" LEGAL DESCRIPTION THE LAND SHOWN IN EXHIBIT "B" IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 17 OF TRACT No. 14509, RECORDED IN BOOK 688, PAGE 1 THROUGH 16 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CONTAINS: 47,335 SO. FT. = 1.087 ACRES SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. THIS DOCUMENT CONSISTING OF 2 SHEETS WAS PREPARED BY ME OR UNDER MY DIRECTION. UIU$>4 4Sa2lko-, ,Z O / MICHAEL PETYO, L. 4316 DATE PREPARED FOR: PREPARED BY: SHEET LEGAL DESCRIPTION 1 ORANGE COUNTY FIRE AUTHRORITY 145 S. WATER STREET ORANGE, CA 92866 M. PETYO & ASSOC., 17982 SKY PARK CIRCLE SUITE B IRVINE, CA 92614 INC. OF 2 SHEETS ORANGE COUNTY FIRE AUTHORITY STATION No. 52 DRAWN: 11/29/0! 6502 RIDGE PARK ROAD ?7: '-.c CHECKED: MP. NEWPORT COAST, CA (949) 250 -0272 17e- 01.:�Wo \ \ EXHIBIT "B" � S y< loo ' i ti z ro ry`L O tK rl 141 LJr 17 I 4g�g ig.� CO N� O 08. SST On\ A.P.N. 461 - 271 -89 6' N 79'29'20" E 44.09' j.�• 00� I, N -76p200, N666,0� - -- ro os s4' _ _- - -- - � — _ " - "- LEGAL DESCRIPTIO ORANGE COUNTY FIRE 6502 RIDGE PARK ROAD NEWPORT COAST, CA PREPARED FOR: ORANGE COUNTY FIRE AUTHRORITY 145 S. WATER STREET ORANGE, CA 92866 PREPARED BY: M. PETYO & ASSOC., INC. 17982 SKY PARK CIRCLE SUITE B IRVINE. CA 92614 (949) 250 -0272 SHEET 2 OF 2 SHEETS DRAWN: 11/29/01 BY F.C. CHECKED: M.P. Ah Attachment B 1 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: 5118 ASSIGNMENT: 52 DATE: 12/06/01 (0612v971 PAGE 1 OF 9 ADAPTERS BASIC COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT 4" DOUBLE FEMALE 1 4" DOUBLE MALE 1 4 "Fx2.5 "M 1 4" M x 2.5' F 1 2.5" DOUBLE FEMALE 3 2.5" DOUBLE MALE 2 2.5 "Fx1.5 "M 2 1.5" DOUBLE MALE 1 1.5" DOUBLE FEMALE 1 1.5'Fx 1 "NPSHM 1 1.5" RANGER 1 1 "RANGER 1 (0612v971 PAGE 1 OF 9 NOZZLES & TIPS COMPLEMENT ADDITIONAL COMPLE. MENT INVEN- TORY OVER SHORT 2.5" SHUT -OFF 2 1' straight stream (SS) TIP for 2.5" shut -off 1 1 -1/B" SS TIP for 2.5" shut -off 1 1 -1/4" SS TIP for2.5" shut -off 1 2.5" FOG NOZZLE 2 2.5" FOG TIP (250 gpm) 1 MASTER STREAM APPLIANCE 1 350.1250 GPM FOG TIP 1 SS TIPS (set of 3) 1 1.5" COMBINATION 4 1.5" RANGER 1 1 "RANGER 1 1" SHUT -OFF 1 (0612v971 PAGE 1 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01 (062fl 7) PAGE 2 OF 9 NOZZLES & TIPS COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT TIP SET; 3/16 ", 5/16,'' /.. 1/8. 3/8 for 1" Shut -off 1' FOAM CAN WRENCH 1 FORESTRY HOSE CLAMP 2 1" OUADRA FOG 1 PISTOL GRIP - 1.5" 2 PISTOL GRIP - 1" 1 HYDRANT WRENCH - 5 HOLE 1 (062fl 7) PAGE 2 OF 9 APPLIANCES BASIC COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT CLAPPERED SIAMESE: 2.5" 1 FOAM CAN WRENCH 1 FORESTRY HOSE CLAMP 2 GATED WYE: 2.5" F x 2 -1.5" M 2 HOSE CLAMP: 2.5' SCREW TYPE 2 HYDRANT WRENCH - ADJUSTABLE 3 HYDRANT WRENCH - 5 HOLE 1 PLUG: 2.5" 1 SPANNER: UNIVERSAL 6 STREAM STRAIGHTENER 1 TEE: HOSE LINE, 1.5"x 1" GATED 3 WATER EJECTOR (Size 1" x 1.5 ") 1 WYE: 2.5" 1 (062fl 7) PAGE 2 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ (OWW9" PAGE 3 OF 9 HOSE BASIC COMPLEMENT ADOMONAL COMPLE- MENT INVEN- TORY OVER SHORT BEE VAIL 4 DOUBLE JACKET: 3' x 50 FT 18' DOUBLE JACKET: 2.5"x 50 FT 18' ' 1800 h total of this hose maximum SELF - CONTAINED BREATHING APPARATUS DOUBLE JACKET: 1.75"x 50 FT 11 CANTEEN: 1 GALLON DOUBLE JACKET: 1.5"x 50 FT 2 CHOCKBLOCKS SINGLE JACKET: 1.5"x too FT 6 EAR PROTECTOR (Apparatus w/o headsets) SINGLE JACKET: 1 "x 100 FT 3 EQUIPMENT LINE SOFT SUCTION: 4" OR 4.5"X 12 FT 1 FIRE EXTINGUISHER: CO /2 SOFT SUCTION: 2.5" or 3" X 15 FT 1 FIRE EXTINGUISHER: DRY CHEMICAL 1 (OWW9" PAGE 3 OF 9 EQUIPMENT - COMPLEMENT ADDRIONAL COMPLE- MENT INVEN- TORY OVER SHORT BEE VAIL 4 BINOCULARS 1 BODYARMOR 4 SELF - CONTAINED BREATHING APPARATUS 4 CANTEEN: 1 GALLON 3 CHOCKBLOCKS 2 EAR PROTECTOR (Apparatus w/o headsets) 1 EQUIPMENT LINE 1 FIRE EXTINGUISHER: CO /2 1 FIRE EXTINGUISHER: DRY CHEMICAL 1 FIRE EXTINGUISHER: PW 1 WILDLAND FIRE HOSE CARRIER 3 HALL RUNNER 2 (OWW9" PAGE 3 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ (0r> ,) PAGE 4 OF 9 EQUIPMENT COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT HAND LANTERN (battery operated) 2 , HEADLAMP 4 HOSESTRAP 3 JACK with lug wrench and & handles 1 LIFE LINE KIT 1 ROAD CONES 6 ROAD REFLECTOR SET 1 SALVAGE COVER 2 SPARE SCBA CYLINDER 4 SPOTLIGHT: 12 -VOLT (hard wired) 1 SPRINKLER STOPPER 3 TOW CHAIN 1 WATER COOLER: 3- Gallon 1 FLASHLIGHT: MAGLiTE 1 (0r> ,) PAGE 4 OF 9 FIRETOOLS BASIC COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT AUTO ENTRY TOOL 1 AXE: FLAT HEAD 1 AXE: PICK HEAD 1 BAR: JUMBO PRY, 54"+/. 1 BAR: NAIL - WRECKING, 24" 1 BROOM: STREET 1 BRUSH HOOK 1 HAY HOOK 2 HALIGAN TOOL 1 McLEOD 2 PIKE POLE: 6 FT 1 (0r> ,) PAGE 4 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01 (W T97) PAGE 5 OF 9 FIRETOOLS - BASIC COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT PIKE POLE: 8 FT 1 PIKE POLE: CLOSET HOOK 1 PULASKI 1 RUBBISH HOOK 1 SHOVEL: FIRE 2 SHOVEL: SCOOP 1 SLEDGE HAMMER: 8 Lb 1 SQUEEGEE: Straight 1 WINDSHIELD CUTTER 1 (W T97) PAGE 5 OF 9 LADDERS COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT ATTIC (folding) 1 ROOF: 14 FT 1 EXTENSION: 35 FT 1 LADDER STRAPS 2 LADDER SAFETY GUARD 1 BOX WRENCH SET: Metric 1 (W T97) PAGE 5 OF 9 MISC. HAND TOOLS BASIC COMPLEMENT ADDITIONAL COMPUE MENT INVEN- TORY OVER SHORT ADJUSTABLE WRENCH: 10" 1 ADJUSTABLE WRENCH: 8" 1 ADJUSTABLE WRENCH: 6" 1 ALLAN WRENCH SET 1 BOLT CUTTERS: 24" 1 BOX WRENCH SET: Metric 1 (W T97) PAGE 5 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT* _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ (062X97) PAGE 6 OF 9 MISC. HAND TOOLS BASIC COMPLEMENT ADDRIONAL OOMPLE- MENT INVEN- TORY OVER SHORT BOX WRENCH SET: SAE 1 CHANNEL LOCKS 1 HACK SAW 1 HAMMER: CLAW 1 PHILLIPS SCREWDRIVER: Large 1 PHILLIPS SCREWDRIVER: Medium 1 PHILLIPS SCREWDRIVER: Small 1 PIPE WRENCH: 18" 1 PIPE WRENCH: 24" 1 PLIERS: Needle nose 1 PLIERS: 6 ", slip joint 1 RUBBER MALLET 2 SCREWDRIVER: 4 -Head 1 SCREWDRIVER: Slot, large 1 SCREWDRIVER: Slot, medium 1 SCREWDRIVER: Slot, small 1 TIN SNIPS 1 UTILITY KNIFE 1 VISE GRIPS: 5' 1 SOCKET SET: Metric 1 SOCKET SET: Inch 1 (062X97) PAGE 6 OF 9 FORANGE COUNTY FIRE AUTHORITY APPARATUS INVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01 I06,71971 PAGE 7 OF 9 MEDICAL AIDBLS UNIT BASIC COMPLEMENT ADDITIONAL CMENTE INVEN- TORY OVER SHORT BACKBOARD with straps 2 , DEFIBULATOR, ZOLL 1 RESUSCITATOR 1 SPARE OXYGEN CYLINDERS 2 TRAUMA KIT 1 AIRWAY BAG, PULSE OX, V -VAC SUCTION, TUBE 1 IMPACT SUCTION DEVICE AND KIT 1 HARE TRACTION SPLINT — ADULT 1 HARE TRACTION SPLINT — PEDIATRIC KED SPLINT BLOOD PRESSURE KIT— INFANT, CHILD, THIGH I06,71971 PAGE 7 OF 9 ELECTRICAL EOUIPMENTBLS UNIT COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT ADAPTER TEST SET I EXTENSION CORD: 50 ft 1 EXTENSION CORD: 100 ft 1 FLOOD LIGHT: 500 Watt 2 GENERATOR 1 GROUND FAULT INTERRUPTER 1 GROUND FAULT TESTER 1 SMOKE EJECTOR - Electric (Size ') 1 I06,71971 PAGE 7 OF 9 n NGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ MISCELLANEOUS EQUIPMENT ON APPARATUS ITEM/OESCRIPTION INVENTORY SLEEPING BAGS 4 (0&rzy 7) PAGE 8 OF 9 ITEM SERIAL# PROPERTY# e BREATHING APPARATUS 0930249 FD 7367 BREATHING APPARATUS 6890453 FD 7212 BREATHING APPARATUS 6880722 FD 7852 BREATHING APPARATUS 6820710 FD 2579 GENERATOR FD 3421 RADIO: 800 MHZ - mobile 729681 FD 3278 RADIO: 800 MHZ portable 626AMG0932 FD 2594 MOBILE DATA TERMINAL MISCELLANEOUS EQUIPMENT ON APPARATUS ITEM/OESCRIPTION INVENTORY SLEEPING BAGS 4 (0&rzy 7) PAGE 8 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUS INVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ Notes (W2"7) PAGE 9 OF 9 f C U U c3 H N J r z w f G CY a w �o w C v 7 C � J X � N C 7 L N N L Iwi IW I N N IW N N N N N N N N N N N N NN ^IW N N NIN IN W N N N IW NIN IN NIN IN CIO ;N '1w W IW W W w WIW W W W _W W_ _W WIW IWIW W W_ _W W W WIW IW ILO C J CIC IJIJ IC JIJ CIL J G JIJ GIG IGILIC jJ r_ IJ r- JIJ G C J C J G J c- �J GIG J JIJIJIJ IG IC IC J JIJ IG C. 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(„i O) 01 O Q N A 1� O Ln tO O IG ' Z' N fP t'1 Q A q 47 w M C1 N A t7 O q m ^ m N m 1w1 Q z < m y ICI O O O C- » Z c C o I= W WW IJIf�tll�i� IX m :•jC G > A •� � IOI ,� � ':i�i:7Y7O 1 ��H j }IT< U10 d IDA o jdAJ I} � O C _ i!ciiJ O XJX C = Ic W im':\I C ocNa It7 c N N c m1 N% =1� _I m mIU cl_1 (p c > IGic C N G V> O C I';`? t0 U O iL ! i[ x O� V O O C O iJ O�C W tL�0 Ni I >r L� X...C.GC J CIU = O YIW C W m mic. N L.. 1111 j {YI. I� IC 4 41I`` p III i < O i m I Y I N v N p IIl7: u C U N'< 13 G'iI OIJ N ��r IiI J 1n —�:-;J uY CF IOWf c IcI uI O O ID LL �19�12 O C o .j' O NIC IN LL h-YLj w rpm hC— ICU �<OL S._do12.6 nLOJ m JO �p OW o ^_ C < <nln ICI Imo. O K� ULL mIA �,C Z � SL <��OOC� ON == =��'"? m4z �v> C: p © _IAIf r U F C C C L� mY CULC n W Nm L, C }<O °<ONUC `<O111M. IC]pmmIU WW H5 < O Fire Station Communications Equipment • 52 Transfer Attachment B3 Report The following equipment and services are identified for disposition of transfer to Newport Beach. OCFA Assets ( * *) are indicated for asset transfer. All other equipment dispositions are specified. Fire Station: ❑ Telephone Systems and Services (No Asset Transfer) Telephone System - The Norstar phone system and 10 instruments will be replaced by Newport Beach. The system belongs to the station, however it is not a standard system for Newport Beach. Newport Beach may return the system to OCFA. ■ 911 Call Box - Will remain attached to the outside wall. (No Asset Transfer) - The phone line will be disconnected and replaced by Newport Beach. - Newport Beach will replace internal components for compatibility and return internal components to OCFA. Phone line Service Pacific Bell services will be disconnected by OCFA and replaced by new lines and circuits ordered by Newport Beach. - OCFA will keep the lines in service until NB can order, terminate and roll the new lines to the existing systems. - OCFA will disconnect the OCFA lines after NB is on line and tested. This approach will reduce the downtime for telephone services. ■ Pacific Bell Service - (949) 729 4312, 729 -4313 - 911 Call Box (949) 721 -1627 - Fire Alarm (949) 721 8370 - Data Circuit - ID #69XRQA202477 -OO1PT Billing No. 335- 253 -1000 Prepared by Rich Toro, Communications Services, OCFA • Fire Station 52 • Communications Equipment Transfer Report Fire Station (continued) ❑ Station Radio (Asset Transfer) Motorola Astro 2 -way radio ID #729712 - The Motorola radio will be transferred to NB 52 and remain connected to the sound system. - OCC will be contacted to transfer the radio from OCFA to Newport Beach. * *Transfer Asset 002653. Note: Newport Beach is responsible for reprogramming the radio with their Fire Station Radio Template. Also, configure and enable call alert options for station alerting from Metro Net. ❑ Public Address (Sound System) (No Asset Transfer) - Remains in station - Includes Soundalear cabinet with BOA amplifier, AM /FM Tuner. Alarm module, lighting relays. - Installed and maintained by Orange County Communications. ❑ Fire Alarm System (Fire Protection System) (No Asset Transfer) - Simplex Annunciator and all sensor equipment and communicator will remain installed in the Fire Station. - The system is supervised by OCFA Emergency Communications Center on a private central station receiver. - This service will be disconnected with the disconnection of the phone line. - ECC will delete Account #1a000052 from Radionics D6500 Receiver. - The system will require reprogramming to either disable the supervisory option or route reporting activity to another Central Station Receiver by Newport Beach. ❑ 900Mhz Paging System (No Asset Transfer) - The Station receiver is proprietary to OCFA, integrated in the CAD System. - The Page receiver will be removed by OCFA personnel. - Four pagers assigned to E52 personnel will be returned to OCFA. ❑ Portable Radio- (Asset Transfer)Motorola STX 800Mhz ID #702787 Includes charger, 2 batteries. ** Transfer Asset #002594 Prepared by Rich Toro, Communications Services, OCFA • Fire Station 52 • Communications Equipment Transfer Report o Vehicle #5118 (Communications Equipment) • Motorola 800Mhz Astro -ID #729681 (Asset Transfer) ** Transfer Asset #003278 Newport Beach is responsible to reprogram channel plan • Mobile Data Terminal (No Asset Transfer) ; - Remove and retained by OCFA. - Newport Beach will replace with standard equipment. • SetCom Intercom System - Remains with the vehicle. Transfer to Newport Beach ** Transfer Asset #003382 Newport Beach is responsible to connect to Newport Beach radio system. OCFA will assist if needed. Prepared by Rich Toro, Communications Services, OCFA • Attachment B4 Station 52 Inventory Asset # Serial # Description Comments 1937 10009429157 PC (E3000) Includes: monitor, 2 speakers, keyboard, & mouse 0268 U5BB040696 HP LaserJet 6MP Items that will be removed after January 1, 2002 001752 TA43609958 VT 520 Terminal Watch Counter None HJ439D5654 VT 520 Terminal Keyboard Watch Counter 001751 ITY54080981 LA75 Plus serial printer Watch Counter 001750 021696AE1001019 Bay Networks Access Node Hub Communications Closet None 9604290043 Router Mate - CSU /DSU Communications Closet None 1854826338 DEC Server 90M MAC: 08- 00- 2B -B6- 9D -58 with Power Supply Communications Closet None C95096381291 APC PowerCell UPS Communications Closet None None Opto Box Communications Closet one None Power Strip Communications Closet None None Various Patch, Power, and Data cables Communications Closet 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 0 TRANSFER AND ACCEPTANCE OF REAL PROPERTY THIS AGREEMENT effective as of January 1. 2002 is by and between the Orange County Fire Authority ( "OCFA ") and the City of Newport Beach ( "CITY "). RECITALS A. On November 20, 1997, the OCFA and the CITY entered into an annexation, agreement detailing the responsibilities of each party upon the annexation of the area known as Newport Coast. B. As part of the annexation agreement, the OCFA agrees to transfer ownership of OCFA Fire Station 52, the station's diesel emergency generating system, the fuel dispensing system with above - ground storage tank, and all equipment and furnishings in OCFA Fire Station 52, C. In addition, the OCFA agrees to transfer ownership of a Type I fire engine assigned to OCF. Fire Station 52. D. The OCFA further agrees to transfer ownership of all business records and files relating to the Annexation Area along with all relevant operating permits. E. In consideration of the transfer of the assets listed above, the CITY agrees to pay the OCFA the amount of two hundred and fifty thousand dollars ($250,000.00). F. Pursuant to Government Code Section 57200 et seq. the Orange County Local Agency Formation Commission adopted a resolution (CA 01 -06P) approving the annexation with an effective date January 1, 2002. G. The parties now wish to complete the transfer of said real and personal property to CITY as originally agreed and intended in the annexation agreement effective January 1, 2002. NOW, THEREFORE, the parties agree as follows: TRANSFER AND ACCEPTANCE OCFA transfers "as is" and CITY accepts parcel AP 461- 271 -89 along with all improvements attached thereto ( "Property ") in the form as attached herein as Attachment A, Quitclaim Deed. In addition, OCFA transfers "as is" and CITY accepts the personal property listed and attached herein in Attachment B, List of Personal Property. AS -IS CITY hereby represents and warrants to OCFA that CITY is familiar with the Property and has made such independent investigations as CITY deems necessary or appropriate concerning the Property and the use of the Property including, without limitation, inspections and independent investigations concerning the physical and/or geological condition of the Property. CITY is relying solely on its own investigations, inspections and analysis of said report and of the Property and is not relying in any way upon any representations, statements, agreements, warranties or other information or material furnished by the OCFA or its agents or consultants. CITY is acquiring the Property in its "AS IS" condition, without any representation or warranty by the OCFA or its agents or consultants. 0-- 1 nFZ 11 13 15 17' I 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 0 0 OCFA NONLIABILITY OCFA and its elected officials, officers, employees, agents and representatives (collectively "Indemnitees ") shall not be liable for any loss, damage, injury, liability, claim, demand or cause of action of any kind or character to any person (including death) or property, arising from, related to or caused by, with or without fault, (i) any use or occupancy of the Property by CITY or CITY's elected officials, officers, employees, agents, representatives, invitees, contractors, clients and all other persons entering the Property (collectively "CITY's Representatives ") or the conduct of any activity, work or thing done or permitted, or suffered by CITY or CITY's Representatives in or about the Property, (ii) the condition of the Property, including, but not limited to all matters described in Section 2. above, (iii) any act, omission, neglect or fault of CITY or any of CITY's Representatives, or (iv) any other cause whatsoever in connection with CITY's or CITY's Representatives use of the Property (collectively the "Damages "). CITY, as a material part of the consideration of the transfer of the Property by OCFA to CITY, hereby unconditionally releases and discharges OCFA and the other Indemnitees from, and waives on its behalf and on behalf of its successors and assigns all claims and demands against OCFA and the other Indemnitees for, any such Damages suffere or incurred by CITY. 4. INDEMNITY CITY assumes all risk for the Property and shall defend (through counsel satisfactory to OCFA), indemnify and hold OCFA and other Indemnitees harmless from and against any and all Damages, including loss, damage, injury, liability, claim, demand or cause of action of any kind or character arising out of the performance of this Agreement, including Damages of OCFA and other Indemnitees (and their respective property), including all costs, expenses, and attorney's fees relating thereto. Payment of Damages by OCFA or other Indemnitees shall not be a condition precedent to recovery under this Indemnity provision, and a finding of OCFA or other Indemnitee liability shall not be a condition precedent to CITY's duty to defend OCFA and other Indemnitees hereunder. 5. REMOVAL OF OCFA PROPERTY CITY shall allow OCFA staff access to the Property until January 31, 2002 for the purpose of removing OCFA personal property. 16. MODIFICATIONS This Agreement may not be modified, amended or changed by any party, except in writing, executed by parties, specifying the modification, amendment or change. ATTACHMENTS This Agreement includes the following, which is attached hereto and made a part hereof. Attachment A —Quitclaim Deed Attachment B 1 — Fire Engine 52 Apparatus Inventory Attachment B2 — Fire Station 52 Furnishings, Fixtures, and Equipment List Attachment B3 — Fire Station 52 Communications Equipment Inventory Attachment B4 — Fire Station 52 Computer Equipment Inventory D.-7..r4 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. I APPROVED AS TO FORM: CITY AT RNEY By: I APPROVED AS TO FORM: G OC A General Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD NaAcy S anson Clerk of the Board of Directors OCFA, California CITY CITY OF NEWPORT BEACH E ORANGE COUNTY FIRE AUTHORITY D,-. Q of 1 zz,:�a Fire Chief i I it 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 E TRANSFER AND ACCEPTANCE OF REAL PROPERTY THIS AGREEMENT effective as of January 1. 2002 is by and between the Orange County Fire Authority ( "OCFA ") and the City of Newport Beach ( "CITY "). RECITALS A. On November 20, 1997, the OCFA and the CITY entered into an annexation agreement detailing the responsibilities of each party upon the annexation of the area known as Newport Coast. B. As part of the annexation agreement, the OCFA agrees to transfer ownership of OCFA Fire Station 52, the station's diesel emergency generating system, the fuel dispensing system with above - ground storage tank, and all equipment and furnishings in OCFA Fire Station 52. C. In addition, the OCFA agrees to transfer ownership of a Type I fire engine assigned to OCF Fire Station 52. D. The OCFA further agrees to transfer ownership of all business records and files relating to the Annexation Area along with all relevant operating permits. E. In consideration of the transfer of the assets listed above, the CITY agrees to pay the OCFA the amount of two hundred and fifty thousand dollars ($250,000.00). F. Pursuant to Government Code Section 57200 et seq. the Orange County Local Agency Formation Commission adopted a resolution (CA 01 -06P) approving the annexation with an effective date January 1, 2002. G. The parties now wish to complete the transfer of said real and personal property to CITY as originally agreed and intended in the annexation agreement effective January 1, 2002. NOW, THEREFORE, the parties agree as follows: TRANSFER AND ACCEPTANCE OCFA transfers "as is" and CITY accepts parcel AP 461 - 271 -89 along with all improvements attached thereto ( "Property ") in the form as attached herein as Attachment A, Quitclaim Deed. In addition, OCFA transfers "as is" and CITY accepts the personal property listed and attached herein in Attachment B, List of Personal Property. 2. AS -IS CITY hereby represents and warrants to OCFA that CITY is familiar with the Property and has made such independent investigations as CITY deems necessary or appropriate concerning the Property and the use of the Property including, without limitation, inspections and independent investigations concerning the physical and/or geological condition of the Property. CITY is relying solely on its own investigations, inspections and analysis of said report and of the Property and is not relying in any way upon any representations, statements, agreements, warranties or other information or material furnished by the OCFA or its agents or consultants. CITY is acquiring the Property in its "AS IS" condition, without any representation or warranty by the OCFA or its agents or consultants. n___ i ,ems 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 0 0 OCFA NONLIABILITY OCFA and its elected officials, officers, employees, agents and representatives (collectively "Indemnitees ") shall not be liable for any loss, damage, injury, liability, claim, demand or cause of action of any kind or character to any person (including death) or property, arising from, related to or caused by, with or without fault, (i) any use or occupancy of the Property by CITY or CITY's elected officials, officers, employees, agents, representatives, invitees, contractors, clients and all other persons entering the Property (collectively "CITY's Representatives ") or the conduct of any activity, work or thing done or permitted, or suffered by CITY or CITY's Representatives in or about the Property, (ii) the condition of the Property, including, but not limited to all matters described in Section 2. above, (iii) any act, omission, neglect or fault of CITY or any of CITY's Representatives, or (iv) any other cause whatsoever in connection with CITY's or CITY's Representatives use of the Property (collectively the "Damages "). CITY, as a material part of the consideration of the transfer of the Property by OCFA to CITY, hereby unconditionally releases and discharges OCFA and the other Indemnitees from, and waives on its behalf and on behalf of its successors and assigns all claims and demands against OCFA and the other Indemnitees for, any such Damages suffere or incurred by CITY. 4. INDEMNITY CITY assumes all risk for the Property and shall defend (through counsel satisfactory to OCFA), indemnify and hold OCFA and other Indemnitees harmless from and against any and all Damages, including loss, damage, injury, liability, claim, demand or cause of action of any kind or character arising out of the performance of this Agreement, including Damages of OCFA and other Indemnitees (and their respective property), including all costs, expenses, and attorney's fees relating thereto. Payment of Damages by OCFA or other Indemnitees shall not be a condition precedent to recovery under this Indemnity provision, and a finding of OCFA or other Indemnitee liability shall not be a condition precedent to CITY's duty to defend OCFA and other Indemnitees hereunder. 5. REMOVAL OF OCFA PROPERTY CITY shall allow OCFA staff access to the Property until January 31, 2002 for the purpose of removing OCFA personal property. MODIFICATIONS This Agreement may not be modified, amended or changed by any party, except in writing, executed by parties, specifying the modification, amendment or change. ATTACHMENTS This Agreement includes the following, which is attached hereto and made a part hereof: Attachment A —Quitclaim Deed Attachment B 1 —Fire Engine 52 Apparatus Inventory Attachment B2 — Fire Station 52 Furnishings, Fixtures, and Equipment List Attachment B3 — Fire Station 52 Communications Equipment Inventory Attachment B4 — Fire Station 52 Computer Equipment Inventory 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 0 • IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. APPROVED AS TO FORM: CITY A ORNEY By: APPROVED AS TO FORM: OCFA General Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD ,J01kWkk--j N cy SVvanson Clerk of the Board of Directors OCFA, California CITY CITY OF NEWPORT BEACH MET ORANGE COUNTY FIRE AUTHORITY n___ � _tn c'� Fire Chief RECORDED AT REQUEST OF: ATTACHMENT A WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 -3884 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: THIS IS TO CERTIFY THAT THIS DOCUMENT IS EXEMPT FROM PAYMENT OF RECORDING FEES UNDER GOVERNMENT CODE 6103 AND IS ALSO EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE 11922. A.P. No. 461 - 271 -89 0 Project Name: Orange County Fire Authority Fire Station Transfer to City of Newport Beach QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ORANGE COUNTY FIRE AUTHORITY (FIRE AUTHORITY) do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to CITY OF NEWPORT BEACH (CITY) all RIGHT, TITLE, and INTEREST in and to the real property in the County of Orange, State of California (PROPERTY), described as: (See Page 2 for Legal Description of PROPERTY, attached hereto and made a part hereof.) MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 1 of 3 0 0 LEGAL DESCRIPTION OF PROPERTY Parcel No. AP 461 - 271 -89 The land shown is described in Exhibit "A" and shown in Exhibit "B" attached hereto and made a part hereof. Page 2 of 3 • Signed and certified that a copy of this document has been delivered to the Chair of the Board. Attest: NANCY SWAN ON Clerk of the Board of Directors, Orange County, California • ORANGE COUNTY FIRE AUTHORITY By: Fire Chief Document: Quitclaim Deed Grantor /Grantee: Orange County Fire Authority /City of Newport Beach STATE OF CALIFORNIA) ss. COUNTY OF ORANGE ) ACKNOWLEDGMENT On--Dec. I s, , 2001 before me, a Notary Public in and for said County and State, personally appeared C f+I P F K c- CN r c- /_ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. A % — Si nature LYDIA SLIVKOFF i 9 s coMM. #1285551 rprurvv�suc -cUNTY 9 oMNCCOUN�Y� n+y comet. Exv. Mir u, zoo+ Approved as to form: Legal Description reviewed General Counsel Bv Date By Date Page 3 of 3 EXHIBIT "A" LEGAL DESCRIPTION THE LAND SHOWN IN EXHIBIT "B" IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 17 OF TRACT No. 14509, R_ ECORDED IN BOOK 688, PAGE 1 THROUGH 16 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CONTAINS: 47,335 SO. FT. = 1.087 ACRES SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. THIS DOCUMENT CONSISTING OF 2 SHEETS WAS PREPARED BY ME OR UNDER MY DIRECTION. D� MICHAEL PETYO, L. 4316 DATE LEGAL DESCRIPTI ORANGE COUNTY FIRE 6502 RIDGE PARK ROAD NEWPORT COAST, CA PREPARED FOR: ORANGE COUNTY FIRE AUTHRORITY 145 S. WATER STREET ORANGE, CA 92866 PREPARED 8Y: MICHAEL PETYO �c L.S. 4316 # Renewal: 6 -30 -04 M. PETYO & ASSOC., INC. 17982 SKY PARK CIRCLE SUITE 8 IRVINE. CA 92614 (949) 250 -0272 m SHEET 1 OF 2 SHEETS DRAWN: 11/29/01 BY: F.C. Dwc O ti 40- `Y \b0 ^�%K o EXHIBIT "B" O : Q• +P I �C 1 Zel1-5JJ l_JC I% Na NU`, i i Q' LEGAL DESCRIPTI ORANGE COUNTY FIRE 6502 RIDGE PARK ROAD NEWPORT COAST, CA • ass q 4y• �9 k �2r7 �0 NF\ O 9 08, qS7 " Q0 1% A.P.N. 461 - 271 -69 S. \ 1,�.\ N 79'29'20" E 44.09' _ J N660 a 1-� 2� A p qg1 -27 PREPARED FOR: ORANGE COUNTY FIRE AUTHRORITY 145 S. WATER STREET ORANGE, CA 92866 6a l —r 105.64' PREPARED BY: M. PETYO & ASSOC_ INC. 17982 SKY PARK CIRCLE SUITE B IRVINE. CA 92614 (949) 250 -0272 m SHEET 2 OF 2 SHEETS DRAWN: 11/29/01 BY: F.C. M.P. 9 0 Attachment B l ORANGE COUNTY FIRE AUTHORITY APPARATUS INVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118 ASSIGNMENT: _52 DATE: _12/06/01_ (0621191) - PAGE 1 OF 9 ADAPTERS BASIC COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT 4' DOUBLE FEMALE 1 4' DOUBLE MALE 1 4" F x 2.5" M 1 4" M x 2.5' F 1 2.5" DOUBLE FEMALE 3 2.5" DOUBLE MALE 2 2.5" F x 1.5" M 2 1.5" DOUBLE MALE 1 1.5" DOUBLE FEMALE 1 1.5'Fx1'NPSHM 1 1.5'RANGER 1 1"RANGER 1 (0621191) - PAGE 1 OF 9 NOZZLES & TIPS COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT 2.5' SHUT -OFF 2 1" straight stream (SS) TIP for 2.5" shut -off 1 1 -1/8" SS TIP for 2.5" shut -off 1 1- 1 /4 "SS TIP for 2.5" shut-off 1 2.5' FOG NOZZLE 2 2.5" FOG TIP (250 gpm) 1 MASTER STREAM APPLIANCE 1 350 -1250 GPM FOG TIP 1 SS TIPS (set of 3) 1 1.5' COMBINATION 4 1.5'RANGER 1 1"RANGER 1 1" SHUT -OFF 1 (0621191) - PAGE 1 OF 9 0 0 ORANGE COUNTY FIRE AUTHORITY APPARATUS INVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ (0612"7) PAGE 2 OF 9 NOZZLES & TIPS COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT TIP SET; 3/16 ", 5/16,'/.. 1/8. 318 for 1" shut -off 1 FOAM CAN WRENCH 1 FORESTRY HOSE CLAMP 2 1" OUADRA FOG 1 PISTOL GRIP . 1.5" 2 PISTOL GRIP - 1" 1 HYDRANT WRENCH - 5 HOLE 1 (0612"7) PAGE 2 OF 9 APPLIANCES BASIC COMPLEMENT ADDITIONAL COMPLE. MENT INVEN- TORY OVER SHORT CLAPPERED SIAMESE: 2.5" 1 FOAM CAN WRENCH 1 FORESTRY HOSE CLAMP 2 GATED WYE: 2.5" F x 2-1.5"M 2 HOSE CLAMP: 2.5" SCREW TYPE 2 HYDRANT WRENCH - ADJUSTABLE 3 HYDRANT WRENCH - 5 HOLE 1 PLUG: 2.5" 1 SPANNER: UNIVERSAL 6 STREAM STRAIGHTENER 1 TEE: HOSE LINE, 1.5"x 1" GATED 3 WATER EJECTOR (Size 1" x 1.5 ") 1 WYE: 2.5" 1 (0612"7) PAGE 2 OF 9 F ANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01 (OWW97) _ PAGE 3 OF 9 HOSE BASIC COMPLEMENT ADDITIONAL COMPLE. MENT INVEN- TORY OVER SHORT BEE VAIL 4 DOUBLE JACKET: 3'x 50 FT 18' DOUBLE JACKET: 2.5'x 50 FT 18" ' 1800 it total of this hose maximum SELF - CONTAINED BREATHING APPARATUS DOUBLE JACKET: 1.75 x 50 FT 11 CANTEEN: I GALLON DOUBLE JACKET: 1.5" x 50 FT 2 CHOCK BLOCKS SINGLE JACKET: 1.5"x 100 FT 6 EAR PROTECTOR (Apparatus w/o headsets) SINGLE JACKET: 1 "x 100 FT 3 EQUIPMENT LINE SOFT SUCTION: 4" OR 4.5"X 12 FT 1 FIRE EXTINGUISHER: CO /2 SOFT SUCTION: 2.5" or 3" X 15 FT 1 FIRE EXTINGUISHER: DRY CHEMICAL 1 (OWW97) _ PAGE 3 OF 9 EQUIPMENT COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT BEE VAIL 4 BINOCULARS 1 BODYARMOR 4 SELF - CONTAINED BREATHING APPARATUS 4 CANTEEN: I GALLON 3 CHOCK BLOCKS 2 EAR PROTECTOR (Apparatus w/o headsets) 1 EQUIPMENT LINE 1 FIRE EXTINGUISHER: CO /2 1 FIRE EXTINGUISHER: DRY CHEMICAL 1 FIRE EXTINGUISHER: PIN 1 WILDLAND FIRE HOSE CARRIER 3 HALL RUNNER 2 (OWW97) _ PAGE 3 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUS INVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ (D62"7) PAGE 4 OF 9 EQUIPMENT COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT HAND LANTERN (battery operated) _.. 2 HEADLAMP 4 HOSE STRAP 3 JACK with lug wrench and & handles 1 LIFE LINE KIT 1 ROAD CONES 6 ROAD REFLECTOR SET 1 SALVAGE COVER 2 SPARE SCBA CYLINDER 4 SPOTLIGHT: 12 -VOLT (hard wired) 1 SPRINKLER STOPPER 3 TOW CHAIN 1 WATER COOLER: 3- Gallon 1 FLASHLIGHT: MAGLITE 1 (D62"7) PAGE 4 OF 9 FIRE TOOLS BASIC COMPLEMENT ADDTIONAL COMPLE- MENT INVEN- TORY OVER SHORT AUTO ENTRY TOOL 1 AXE: FLAT HEAD 1 AXE: PICK HEAD 1 BAR: JUMBO PRY, 54 " +/- 1 BAR: NAIL - WRECKING, 24" 1 BROOM: STREET 1 BRUSH HOOK 1 HAY HOOK 2 HALIGAN TOOL 1 McLEOD 2 PIKE POLE: 6 FT 1 (D62"7) PAGE 4 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ (0&2"7) PAGE 5 OF 9 FIRE TOOLS BASIC COMPLEMENT ADDRIONAL COMPLE MENT INVEN- TORY OVER SHORT PIKE POLE: 8 FT 1 PIKE POLE: CLOSET HOOK 1 PULASKI 1 RUBBISH HOOK 1 SHOVEL: FIRE 2 SHOVEL: SCOOP 1 SLEDGE HAMMER: 8 Lb 1 SQUEEGEE: Straight 1 WINDSHIELD CUTTER 1 (0&2"7) PAGE 5 OF 9 LADDERS COMPLEMENT AOOITIONAL COMPLE" MENT INVEN- TORY OVER SHORT ATTIC (folding) 1 ROOF: 14 FT 1 EXTENSION: 35 FT 1 LADDER STRAPS 2 LADDER SAFETY GUARD 1 BOX WRENCH SET: Metric 1 (0&2"7) PAGE 5 OF 9 MISC. HAND TOOLS BASIC COMPLEMENT ADDMONAL DMeME INVEN- TORY OVER SHORT ADJUSTABLE WRENCH: 10" 1 ADJUSTABLE WRENCH: 8" 1 ADJUSTABLE WRENCH: 6" 1 ALLAN WRENCH SET 1 BOLT CUTTERS: 24' 1 BOX WRENCH SET: Metric 1 (0&2"7) PAGE 5 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01 (0612a97) PAGE 6 OF 9 MISC. HAND TOOLS BASIC COMPLEMENT ADDRIONAL COMPLE MENT INVEN- TORY OVER SHORT BOX WRENCH SET: SAE 1 CHANNEL LOCKS 1 HACK SAW 1 HAMMER: CLAW 1 PHILLIPS SCREWDRIVER: Large 1 PHILLIPS SCREWDRIVER: Medium 1 PHILLIPS SCREWDRIVER: Small 1 PIPE WRENCH: 18' 1 PIPE WRENCH: 24' 1 PLIERS: Needle nose 1 PLIERS: 6', slip joint 1 RUBBER MALLET 2 SCREWDRIVER: 4 -Head 1 SCREWDRIVER: Slot, large 1 SCREWDRIVER: Slot, medium 1 SCREWDRIVER: Slot, small 1 TIN SNIPS 1 UTILITY KNIFE 1 VISE GRIPS: 5 " 1 SOCKET SET: Metric 1 SOCKET SET: Inch 1 (0612a97) PAGE 6 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ (0&2197) PAGE 7 OF 9 MEDICAL AIDBLS UNIT BASIC COMPLEMENT ADDITIONAL COMPLE- MENT INVEN- TORY OVER SHORT BACKBOARD with straps 2 DEFISULATOR, ZOLL 1 RESUSCITATOR 1 SPARE OXYGEN CYLINDERS 2 TRAUMA KIT 1 AIRWAY BAG, PULSE OX, V -VAC SUCTION, TUBE 1 IMPACT SUCTION DEVICE AND KIT 1 HARE TRACTION SPLINT — ADULT 1 HARE TRACTION SPLINT — PEDIATRIC KED SPLINT BLOOD PRESSURE KIT— INFANT, CHILD, THIGH (0&2197) PAGE 7 OF 9 ELECTRICAL EQUIPMENT/BLS UNIT COMPLEMENT ADDITIONAL COMPLE- VENT INVEN- TORY OVER SHORT ADAPTER TEST SET I EXTENSION CORD: 50 ft 1 EXTENSION CORD: 100 ft 1' FLOOD LIGHT: 500 Watt 2 GENERATOR 1 GROUND FAULT INTERRUPTER 1 GROUND FAULT TESTER 1 SMOKE EJECTOR - Electric (Size ") 1 (0&2197) PAGE 7 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUSINVENTORY TYPE 1 ENGINE VEHICLE UNIT #: 5118 ASSIGNMENT: 52 DATE: 12/06/01 MISCELLANEOUS EQUIPMENT ON APPARATUS ITEMIDESCRIPTION INVENTORY SLEEPING BAGS 4 (06123W) PAGE 8 OF 9 ITEM SERIAL # PROPERTY # BREATHING APPARATUS 0930249 FD 7367 BREATHING APPARATUS 6890453 FD 7212 BREATHING APPARATUS 6880722 FD 7852 BREATHING APPARATUS 6820710 FD 2579 GENERATOR FD 3421 RADIO: 800 MHZ - mobile 729681 FD 3278 RADIO: 800 MHZ portable 626AMG0932 FD 2594 MOBILE DATA TERMINAL MISCELLANEOUS EQUIPMENT ON APPARATUS ITEMIDESCRIPTION INVENTORY SLEEPING BAGS 4 (06123W) PAGE 8 OF 9 ORANGE COUNTY FIRE AUTHORITY APPARATUS INVENTORY TYPE 1 ENGINE VEHICLE UNIT #: _5118_ ASSIGNMENT: _52 DATE: _12/06/01_ Notes (W2367) _ PAGE 9 OF 9 Ci z O O X 0 f-I z L. 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IN m n X .2: 1> < r% O < CO N tD Ol 0 =710 n X < Z x z I - < b = u lz 'lc� zl� �, = ;-; ; �- 0 I LU Z 0 0 � n 0 < 0 - 0 w w z < Ow w < LE w 0 S,= Ji C: L) 0 0 0 = J F70 c: t: i= w 0 0 , , < h 0 Z5 0 00 2Z 0 0 0 IM = 0 . w ;Z 'a w Z, 5 It W I � = 3e :: Y- 0 L= �e L) c 9 0 IN D >i 9� < u �m .g r LU 0 w w < = D N� Im 0 < WS U) � :5 0 J m< 0 U < =0 o 0 MIC M DU: nawmmm�. .06M L) F W": • Attachment B3 Fire Station 52 Communications Equipment Transfer Report The following equipment and services are identified for disposition of transfer to Newport Beach. OCFA Assets ( * *) are indicated for asset transfer. All other equipment dispositions are specified. Fire Station: ❑ Telephone Systems and Services (No Asset Transfer) Telephone System - The Norstar phone system and 10 instruments will be replaced by Newport Beach. The system belongs to the station, however it is not a standard system for Newport Beach. Newport Beach may return the system to OCFA. 911 Call Box - Will remain attached to the outside wall. (No Asset Transfer) - The phone line will be disconnected and replaced by Newport Beach. - Newport Beach will replace internal components for compatibility agd return internal components to OCFA. Phone line Service Pacific Bell services will be disconnected by OCFA and replaced by new lines and circuits ordered by Newport Beach. OCFA will keep the lines in service until NB can order, terminate and roll the new lines to the existing systems. OCFA will disconnect the OCFA lines after NB is on line and tested. This approach will reduce the downtime for telephone services. Pacific Bell Service - (949) 729 4312, 729 -4313 - 911 Call Box (949) 721 -1627 - Fire Alarm (949) 721 8370 - Data Circuit - ID #69XRQA202477 -001PT Billing No. 335- 253 -1000 Prepared by Rich Toro, Communications Services, OCFA • • Fire Station 52 Communications Equipment Transfer Report Fire Station (continued) ❑ Station Radio (Asset Transfer) Motorola Astro 2 -way radio ID #729712 - The Motorola radio will be transferred to NB 52 and remain connected to the sound system. - OCC will be contacted to transfer the radio from OCFA to Newport Beach. * *Transfer Asset 062653. Note: Newport Beach is responsible for reprogramming the radio with their Fire Station Radio Template. Also, configure and enable call alert options for station alerting from Metro Net. ❑ Public Address (Sound System) (No Asset Transfer) - Remains in station Includes Soundalear cabinet with BOA amplifier, AM /FM Tuner. Alarm module, lighting relays. - Installed and maintained by Orange County Communications. ❑ Fire Alarm System (Fire Protection System) (No Asset Transfer) - Simplex Annunciator and all sensor equipment and communicator will remain installed in the Fire Station. - The system is supervised by OCFA Emergency Communications Center on a private central station receiver. - This service will be disconnected with the disconnection of the phone line. - ECC will delete Account #la000052 from Radionics D6500 Receiver. - The system will require reprogramming to either disable the supervisory option or route reporting activity to another Central Station Receiver by Newport Beach. ❑ 900Mhz Paging System (No Asset Transfer) - The Station receiver is proprietary to OCFA, integrated in the CAD System. - The Page receiver will be removed by OCFA personnel. - Four pagers assigned to E52 personnel will be returned to OCFA. ❑ Portable Radio- (Asset Transfer)Motorola STX 800Mhz ID #702787 Includes charger, 2 batteries. ** Transfer Asset #002594 Prepared by Rich Toro, Communications Services, OCFA • Fire Station 52 Communications Equipment Transfer Report o Vehicle #5118 (Communications Equipment) • Motorola 800Mhz Astro -ID #729681 (Asset Transfer) ** Transfer Asset #003278 Newport Beach is responsible to reprogram channel plan • Mobile Data Terminal (No Asset Transfer) - Remove and retained by OCFA. - Newport Beach will replace with standard equipment. • SetCom Intercom System - Remains with the vehicle. Transfer to Newport Beach ** Transfer Asset #003382 Newport Beach is responsible to connect to Newport Beach radio system. OCFA will assist if needed. Prepared by Rich Toro, Communications Services, OCFA 0 0 Attachment B4 Station 52 Inventory Asset # Serial # Description Comments 1937 0009429157 PC (E3000) Includes: monitor, 2 speakers, keyboard, & mouse 0268 U5BB040696 HP LaserJet 6MP 1 Items that will be removed after January 1, 2002 001752 TA43609958 VT 520 Terminal Watch Counter None HJ439D5654 VT 520 Terminal Ke board Watch Counter 001751 TY54080981 LA75 Plus serial printer Watch Counter 001750 021696AE1001019 Bay Networks Access Node Hub Communications Closet None 9604290043 Router Mate - CSU /DSU Communications Closet None 1 R54826338 DEC Server 90M MAC: 08- 00- 2B -B6- 9D -58 with Power Supply Communications Closet None C95096381291 APC PowerCell UPS Communications Closet None None Opto Box Communications Closet None None Power Strip Communications Closet None None Various Patch, Power, and Data cables Communications Closet E 0 ORANGE COUNTY FIRE AUTHORITY CITY OF NEWPORT BEACH November 28, 2001 Ms. Dana Smith, Executive Officer Orange County Local Agency Formation Commission 12 Civic Center Plaza, Room 235 Santa Ana, California 92701 Dear Ms. Smith: (' -315 This letter describes the means and methods by which the City ( "City ") and the Orange County Fire Authority ( "OCFA ") will cause the transfer of fire protection responsibilities and assets within the Newport Coast annexation area as described in your Commission's Resolution No. CA 01 -06. This letter reflects discussions between our two agencies regarding our November 20, 1997 Annexation Agreement ( "Agreement ") and is intended to meet Condition #2D of the Commission's terms and conditions described in Resolution #CA 01 -06 (and as shown in Attachment B). Section 2 (of the Agreement) - Assumption of Fire Services Upon Annexation. On January 1, 2002 at 0730 hours, the City of Newport Beach will occupy OCFA Fire Station #52 (6502 Ridge Park Road, Newport Coast) and begin providing service to the annexation area. Beginning on December 1, 2001, OCFA staff will allow City personnel access to Fire Station #52 to facilitate the installation and testing of the City's communication and alarm system. Section 4 - Transfer of OCFA Assets to the City1Section 9 - Records. Attachment A to this letter describes a "Summary of Actions to be Taken" to transfer OCFA assets to the City of Newport Beach. Both agencies have agreed to implement these actions via an escrow process that will ensure that the following actions occur prior to January 1, 2002: A - Transfer of Real Property. The real property (Fire Station #52, grounds, and all furnishings and equipment) located at 6502 Ridge Park Road in Newport Coast, California shall be transferred from the Orange County Fire Authority to the City of Newport Beach. B - Transfer of Rollin Stock. The fire engine (1996 Fire Bann triple combination pumper and all related equipment) housed at 6502 Ridge Park Road in Newport Coast, California shall be transferred from the Orange County Fire Authority to the City of Newport Beach. C - One -time Cash Payment. The City of Newport Beach shall pay the Orange County Fire Authority the sum of two- hundred fifty thousand dollars ($250,000.00) as a one -time cash payment in recognition of the financial contribution which the Orange County Fire Authority has made in developing Fire Station #52, acquiring associated equipment, and providing response prior to and during the initial construction phases of the Newport Coast. L� • Letter to Dana Smith November 28, 2001 Page 2 Section 5 - OCFA Personnel. No personnel will be transferred between the two agencies as a result of the annexation. Section 6 - Wildland Fire Protection. The City will be responsible for providing wildland fire protection in the annexation area, with mutual aid and automatic aid assisting the City in any fire event requiring such aid. Section 7 - Mutual Aid and Automatic Aid. The annexation area will be covered using existing automatic and mutual aid agreements. The OCFA Board has delegated to Chief Prather the ability to execute a revised Automatic Aid Agreement for the Newport Coast Annexation area. We look forward to completing this transfer of service so that it is seamless to the residents of the Newport Coast. Please direct any questions you may have about this letter to Homer Bludau at 949 -644 -3000 or to Chip Prather at 714 - 289 -3712. Sincerely, HOMER L. B DAU CHIP PRATHER City Manager, Newport Beach Fire Chief, Orange County Fire Authority cc: Members of the Newport Beach City Council Members of the Orange County Fire Authority Executive Committee Tim Riley, Newport Beach Fire Chief 1 2. 3. 4. 5. 6. 7 • • Letter to Dana Smith November 28, 2001 Page 3 Attachment A SUMMARY OF ACTIONS TO BE TAKEN TO TRANSFER ASSETS TO CITY OF NEWPORT BEACH TASK RESPONSIBILITY OCFA CITY COMPLETION DATE In coordination with City staff, finalize the inventory of assets to X November 26, 2001 be transferred to the City of Newport Beach and prepare a comprehensive list to be attached to the transfer and acceptance of personal property agreement as an exhibit, including: • Fire Station 52 (Facility) • Engine 52 • Fixed and miscellaneous assets Confirm the legal description of the real property with a Surveyor X November 30, 2001 to be incorporated into the quitclaim deed Prepare a quitclaim deed and certificate of acceptance for the X November 30, 2001 real property Prepare a transfer and acceptance of personal property X November 30, 2001 agreement (to which the list from #1 above will be attached as an exhibit) OCFA Fire Chief executes the documents and sends them to X December 7, 2001 the City for execution City Manager executes the quitclaim deed, certificate of X December 17, 2001 acceptance, and transfer and acceptance of personal properly agreement and returns a copy to OCFA Record the quitclaim deed with the County Recorder X December 18, 2001 • • Letter to Dana Smith November 28, 2001 Page 4 Attachment B LAFCO Resolution #CA O1 -06 Condition #21) "All enabling agreements required to implement the November 20, 1997 "Annexation Agreement" between the Orange County Fire Authority and the City of Newport Beach shall be complete. Enabling agreements include date and procedures for station transfer, wildland fire response, and other related operation issues." ►J ANNEXATION AGREEMENT 0 C -�)1-75 THIS AGREEMENT is made and entered into as of November 20, 1997 by and between the City of Newport Beach, a charter city ( "City"), and the Orange County Fire Authority, a joint powers authority ( "OCFA "). In consideration of the mutual benefits described herein, the parties agree as follows: 1. Recitals. This Agreement is made and entered into with respect to the following facts and purposes, each of which the parties agree are true and correct: a. City has initiated proceedings to annex, in phases, approximately 15 square miles of unincorporated territory within the County of Orange generally known as the "Bonita Canyon" and "Newport Coast" areas and specifically described and depicted on Exhibit A ( "Annexation Area "); b. OCFA currently provides Fire Services to the Annexation Area and upon completion of the annexation of the Annexation Area or portions thereof, the City will assume fire services for the areas annexed. C. The parties anticipate that the Annexation Area may be annexed to the City in phases. The main phase of the annexation shall include: (1) the area in which OCFA Fire Station 52 is located; and (2) all open space areas within the Annexation Area which are not dedicated for future development, including the areas known as Coyote Canyon, Buck Gulley, Los Trancas Canyon, and Muddy Canyon ( "Area A "). It is the intent of the parties that the annexation of Bonita Canyon area to the City may precede the annexation of Area A to the City, but that the transfer of certain OCFA assets to the City as described in Section 4. of this Agreement would only be effective on the annexation of Area A to the City. 2. Assumption of Fire Services Upon Annexation. Upon the effective date of the annexation of areas within the Annexation Area to the City, the City shall assume responsibility for Fire Services in the areas annexed. As used in this Agreement, "Fire Services" shall include fire prevention, fire suppression, emergency medical services, and hazardous materials response. 3. Structural Fire Fund Property Tax Distribution. Pursuant to the provisions of Revenue and Taxation Code Section 99, upon the annexation of land within the Annexation Area to the City, it is the intent of City and OCFA that one hundred percent (100 %) of the property taxes currently allocated to OCFA (Structural Fire Fund) for the area annexed shall be reallocated to the City. OCFA and City agree to take such further actions as are required to effectuate this property tax allocation with the Auditor Controller and Tax 11114197 pmt 1490587.0 Collector of the County of Orange and the Local Agency Formation Commission of the County of Orange. OCFA shall retain the development contribution from the Irvine Company pursuant to an existing agreement between OCFA and the Irvine Company for the Bonita Village area (PA 26 -A). Additionally, OCFA shall retain 100% of the property taxes allocated to OCFA (Structural Fire Fund) from areas within the Annexation Area for which the annexation to the City has not become effective until such time as the annexation is effective. 4. Transfer of OCFA Assets to City. OCFA agrees to transfer ownership of (1) Fire Station 52, (2) all equipment and furnishings in Fire Station 52 as of the date of this Agreement, and (3) the Type I fire engine described in Exhibit B., to the City and City agrees to pay OCFA a one time cash payment of two hundred fifty thousand dollars ($250,000.00). This one time cash payment is in recognition of the financial contribution which OCFA has made in developing Fire Station 52, acquiring associated equipment, and providing response prior to and during the initial construction phases. The transfer shall be effective upon the effective date of the annexation to the City of Area A and the cash payment described in this Section shall be paid on or before this date. The City Manager of the City and the Fire Chief of OCFA are hereby authorized and directed to enter into an escrow to implement the transfer of assets and are further authorized to take such other actions as are necessary to implement the transfer of assets. 5. OCFA Personnel. a. The parties acknowledge that nine OCFA positions (three captains, three fire apparatus engineers, and three firefighters) would be eliminated by the transfer of Fire Station 52 and equipment to the City as provided in Section 4 of the Agreement. OCFA will attempt in good faith to transfer or reassign said employees into existing vacant positions. OCFA shall continue to staff Fire Station 52 prior to the effective date of the annexation of Area A. b. City has determined that it will need nine new positions (three captains, three fire apparatus engineers, and three firefighters) in its fire department to accommodate the new station and added responsibilities as described in this Agreement. As of the date of the annexation of Area A, City agrees to hire then current OCFA personnel who would be laid off upon City assumption of fire service responsibilities in accordance with Government Code Sections 53291 and 53292. C. Notwithstanding Section 5.b, OCFA and the City will use their best efforts to continue to reach an alternative agreement concerning the transfer of employees with their respective recognized employee organizations. nn4197 pmt 1480587.0 - 2 - 0 0 6. Wildland Fire Protection. a. Upon the effective date of the annexation of a portion of the Annexation Area to the City, City shall assume responsibility for all wildland fire protection in the area annexed, provided the transfer of assets has been completed as provided in Section 4 of this Agreement. b. In those portions of the Annexation Area for which the annexation is not complete, OCFA shall retain responsibility for wildland fire protection. C. OCFA will continue to provide wildland fire resources to City for the Annexation Area through existing mutual aid and automatic aid agreements. 7. Mutual Aid and Automatic Aid. a. City shall be responsible for providing emergency response to incidents on both directions of the San Joaquin Hills Corridor within the areas annexed to the City. OCFA shall continue to assist with such coverage pursuant to existing mutual aid and automatic aid agreements. b. City shall continue to provide emergency response assistance to OCFA in OCFA protection areas currently served by Fire Station 52, as such areas are described on Exhibit C., including, but not limited to, the University of California Irvine area, pursuant to existing mutual aid and automatic aid agreements. Exhibit C. is attached hereto and incorporated herein as though set forth in full. 8. Fuel Modification Responsibilities. The City and OCFA acknowledge that the oversight of fuel modification activities and maintenance in the Annexation Area will be the responsibility of the owners of property within this area. 9. Records. Prior to the effective date of the of the annexation of Area A to the City, OCFA shall provide any and all business records and files, whether computer records, hard copy, microfilm or fiche, historical data, deeds, easements, equipment logs, warranties, manuals and other similar documents relating to the Annexation Area, providing Fire Services to the Annexation Area, or Fire Station 52 and the equipment to be conveyed to the City pursuant to Section 4. of this Agreement. IMA197 pmt 1480587.0 -3 - 10. Indemnification. a. OCFA shall defend, indemnify, and hold harmless City, its elected officials, officers, agents and employees, for any acts, errors, or omissions committed by or alleged to have been committed by OCFA or any of its officers, agents or employees prior to the transfer of responsibilities for providing Fire Services in the Annexation Area or in the course of performing services pursuant to this Agreement. b. City shall defend, indemnify, and hold harmless OCFA, its officers, agents and employees, for any acts, errors, or omissions committed by or alleged to have been committed by City or any of its officers, agents or employees prior to the transfer of responsibilities for providing Fire Services in the Annexation Area or in the course of performing services pursuant to this Agreement. 11. Statement of Mutual Cooperation. The City and OCFA acknowledge that numerous actions will have to be considered and approved by all parties in order to effectuate the terms of this Agreement. The City and OCFA agree to cooperate and assist each other and to use their best efforts to accomplish those tasks necessary to implement the terms of this Agreement. 12. Severability. Should any provision, part or term of this Agreement be declared or determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts, terms and provisions shall not be affected thereby and said illegal, invalid or unenforceable part, provision or term shall be deemed not to be a part of this Agreement. /// 1 1/24/97 pmt 1480587.0 - 4 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. 11/24/97 pmt 1480587.0 CITY OF Attest: G "z .� City Clerk Approved As to Form: Robert Burnham City Attorney ORANGE Attest: R. Craig Scott Chairperson t Clerk of the Board Approved As to Form: Ci Terrj C. Cou t' el -5- to Fire Authority Q Ii • L 0 Q LL O 2 O t= a Q U N W V � `Y JJ ° V 4" A3 a� W z� rA Pi +r v � Al W r.d co 4w A •.r y AO 4.a •'m W.0 td U � 40* e O Qm *NJ .5 •PM4 ¢ V � 4 r � Ot 5 \ Llfl �IZ i t i / �J a Q W V O U W U Q 4 I i e i � 5 a 3' r: f ' • L 1? Jv • 1 i✓... T't '} � tf �,Y^' - .SIB.' � � 4 r � Ot 5 \ Llfl �IZ i t i / �J a Q W V O U W U Q 4 I i i enaor Information: )hone: (909) 923 -0776 arms: Net 30 Days FOB: Desdnadon endor Name and Address Fie dam Corporation (FP0075) :020 E. Baker Ave. 313t2rio. CA 91761 �80 6. +Vater street, (:,range, ,LA caoco (714) 744-0400 OMEM i 0Me: 23 J4ay 1996 Purchase Order Number: J14ZW23 SHIP TO: CC l=ire Authority 145 S. Water Street Orange, CA 926666 Delivery by: see Below an imw+cam sad er/waM to 0" QIM 1be AWwaw. 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VWXW ,s retsina b ,mv mnalea A4 ItYlar Semgr One Shine Mr Mumma subedits M recited by Lab=Cold $w0m I= Gaaa1 maana Se141y O Wr $coal $194 aka ;ae�Aarrreoe0le CaaS 1'tM a pesos +need der eSa 4oedid ern saes a e.e b er Sea. d a,brneat Coding: Ensssdwe Committee Meating 06/tlM Pwdai payment authonted upon receipt of Apparatus Chassis for the actual cast of Chassis. i Delivery of the completed aeparetos in one hundred and tweaq (120) calendar days. after receipt of the apparaats chassis from the chassis manufaeaaw. Liquidated damages in the amount of $100.00 per day, for each and every calendar day , that delivery exceeds the aforementioned one hundred and twenty (120) calendar days. j Folder. 296 142 142 goo 4000 Authorized TCTAL I 3255,163.46 A6eresa questions regarding this PURCHASE ORDER to the Purchasing Contact Rai 6nrme.ra 186.-Pl1 iF 2�8 �?2q -42� "4231 f0k23 a .` 233 4 34 435; 4'�,p: 42 5 4 33 . 42: a 28 47329 NIS- >C1 s 31 "'; 4332 4 333 ' 4334 ,4335 4336 43 `7 4338 - �o 428 44t a <}4 �6x "4431 9q1 4g `° R'4434 ;44h,'5 44 i 443 v \ 2�8, 4529 453Ct z5-31 3 2 453N� ',� 4Z4 ,4535 4+ +536 4`, 3. 45 4 - - -- ;2b - - -- -- �a.46J0 X31 3 a4 '\ 4 tit 633 �6 3 a- 9 1 - s� i ! i { 4 28 4 4239 i 4731 4732 x.4733 :4734 4, 5 4 6 4TJ 4 2 473 m M+«s o ` CORK c � 328 3 429 � \ - -- 3fl 4 1; 483 . , 4833 , g �� 4835 ;4836 ; 4 ' 48378 -,— .3 4929193 49.31 4932 4 0 3 �9 54 i 4933 ;4936 ' 4 3,7 :4 8 ! 3 \ - - - --' -- JY r �q ��33 5032 t 34 -- 1, - -- - , 51 °3C 5 1 5T 2 513�3Y 5434 51 J J1 6 51 r /5 i. - - - -- _ _ r _ i._�_ rv✓ .M �- l Y i - _.h".V $ - G r J -- r 5232s311� , 5234 5235 5236 5237 ` 52,3 '; 523, N r ` \3�\5 \ 4 F'3 5336 i 53 7 53.3Q'5 3 - - -- - - - -- -- - - - - -- v_r2 /comcps /alo<s2,dgn 24 -HJV -199] STAT ON 52 LOCATION MAP iF 2�8 �?2q -42� "4231 f0k23 a .` 233 4 34 435; 4'�,p: 42 5 4 33 . 42: a 28 47329 NIS- >C1 s 31 "'; 4332 4 333 ' 4334 ,4335 4336 43 `7 4338 - �o 428 44t a <}4 �6x "4431 9q1 4g `° R'4434 ;44h,'5 44 i 443 v \ 2�8, 4529 453Ct z5-31 3 2 453N� ',� 4Z4 ,4535 4+ +536 4`, 3. 45 4 - - -- ;2b - - -- -- �a.46J0 X31 3 a4 '\ 4 tit 633 �6 3 a- 9 1 - s� i ! i { 4 28 4 4239 i 4731 4732 x.4733 :4734 4, 5 4 6 4TJ 4 2 473 m M+«s o ` CORK c � 328 3 429 � \ - -- 3fl 4 1; 483 . , 4833 , g �� 4835 ;4836 ; 4 ' 48378 -,— .3 4929193 49.31 4932 4 0 3 �9 54 i 4933 ;4936 ' 4 3,7 :4 8 ! 3 \ - - - --' -- JY r �q ��33 5032 t 34 -- 1, - -- - , 51 °3C 5 1 5T 2 513�3Y 5434 51 J J1 6 51 r /5 i. - - - -- _ _ r _ i._�_ rv✓ .M �- l Y i - _.h".V $ - G r J -- r 5232s311� , 5234 5235 5236 5237 ` 52,3 '; 523, N r ` \3�\5 \ 4 F'3 5336 i 53 7 53.3Q'5 3 - - -- - - - -- -- - - - - -- v_r2 /comcps /alo<s2,dgn 24 -HJV -199] \J L1 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGI Agenda Item 27 iY OF d w. DEC 81991 j DATE: December 8, 1997 C 1 APPRuVED TO: Honorable Mayor and Members of the City Council FROM: Peggy Ducey, Assistant to the City Manager SUBJECT: Memorandum of Understanding with the Orange County Fire Authority BACKGROUND In March the City Council authorized staff to begin formal negotiations with the affected public agencies regarding the potential City annexation of Newport Coast and Bonita Canyon. OCFA currently provides fire protection for both areas from Station 52, which is located in Newport Ridge. Negotiations with OCFA produced the attached MOU which details various transitional procedures for both operational and financial issues. The key components of the MOU are as follows: • Property Tax Revenues: The City will receive 100% of the property tax revenues upon annexation. • Newport Coast Fire Station and Equipment: The City will receive ownership of Fire Station No. 52, including all furnishings, fixtures, and associated equipment, and the Type I fire engine purchased for the Station. The City will reimburse OCFA $250,000 for costs associated with constructing and outfitting the Station. • Station 52 OCFA Staffing: OCFA has agreed to absorb through attrition prior to the effective date of annexation the nine positions (3 Captains, 3 Engineers, 3 Firefighters) currently assigned to Station 52. Any employees that OCFA cannot reassign prior to the effective date of annexation, the City will agree to absorb into our own Fire Department. The agreement also provides for further discussion and agreement on other acceptable alternatives which may be negotiated by OCFA, the City and the respective labor organizations. • Bonita Canyon Regional Fire Fees: OCFA will retain approximately $900,000 in developer fees that The Irvine Company agreed to pay for regional fire protection for Bonita Canyon. • Wildland Parks: If the annexation of Newport Coast occurs in phases, the regional wildland parks will be included in the first annexation phase. 0 i The Fire Authority Board of Directors approved the MOU at their November 20th meeting. If the City Council approves this agreement, all necessary property tax • negotiations will be complete. (See Attachments II and III for letters from the County of Orange and Library District.) If the City annexes Newport Coast and Bonita Canyon, the following property tax allocations will be transferred to the City: County of Orange 51% City, 49% County County of Orange Library District 100% City Orange County Fire Authority 100% City Once an application is filed with LAFCO, State law stipulates that the County of Orange and the City have thirty days to negotiate and execute a property tax agreement. Since both agencies have already agreed to the property tax distribution, a simple resolution from each agency transferring the property taxes to the City upon annexation is all that is necessary. The County of Orange has authority to transfer all affected property taxes, including the Fire Authority funds, so OCFA will not need to approve a separate resolution. Now that the property tax distribution is finalized, the City can complete the fiscal impact report for Newport Coast, based on these distribution agreements. This report will first be reviewed by three City Council Committees; the Legislative Committee, the Finance Committee and the Public Safety Committee, followed by the full City Council. Attachment I is a schedule of the LAFCO annexation process, using January as a starting point in the process. The City Council may wish to undertake more study and public outreach than is proposed in the attached schedule. City staff has completed presentations to twenty Newport Coast homeowner associations, and is now working with the Newport Coast Master Homeowners Association to continue to address questions and concerns. A letter was also mailed to all Newport Beach homeowners associations offering similar information presentations, which we are scheduling now. Councilmembers will be kept informed on presentations scheduled within their councilmanic districts. RECOMMENDATION Approve agreement establishing future property tax split between the City and the Orange County Fire Authority (OCFA), transition plans for fire operations, and transition plans for OCFA personnel, subject to the City Council's approval to file an annexation application with LAFCO. 11 11 • �J • Attachment I NEWPORT COAST ANNEXATION TIME SCHEDULE Newport Beach City Council approves Resolution of Application 1/98 Submittal of Application to LAFCO including Resolution, Map, Description and Applicable Fees 2/1199 LAFCO Executive Officer Notifies County Assessor and County Auditor 2/5/98 County Assessor Provides a Report to County Auditor within 30 Days Identifying Assessed Valuations and Tax Rate Areas 2/5-3/5/98 County Auditor Notifies Affected Agencies (within 45 days) 3/5 - 4/15/98 Property Tax Exchange Resolutions Approved by Affected Agencies 3/98 LAFCO Staff Analysis 2/98-4/98 Certificate of Filing Issued 5/98 Public Hearing 5/98 Notice of Conduction Authority Hearing (within 30 days) 5/98 Conducting Authority Hearing 6198 Assuming Protest is not sufficient to require election or terminate proceedings, the annexation is recorded 7/98 12/03/1997 10:20 f County of Orange CaIi1'ornia Janice M. Minermwer t7r ial Hxecunvc Officer county Eke(lutlee Oftre I) Civic Ccmer Plum Third Floo Sams Ana. r alirornia 927111.4062 M: (714)834.2345 Fax: (714) 834.4416 Web: www "e aa.sov DEC-03 -1997 10:18 8344790 • December 3, 1997 Kevin Murphy, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -8915 CEO:STRATEGIC AFFAIR PAGE •02 0 Attachment II SUBJECT: Newport Coast Annexation Dear Kevin: This is to confirm that the County intends to utilize the existing "Master Property Tax Transfer Agreement" between the City and the County, executed in 1980, for the Newport Coast annexation that provides for a property tax distribution from the County General Fund allocation of approximately 52% to the City of Newport Beach and 48% to the County of Orange. We are utilizing the existing agreement tax split for this annexation due to: 1) the extensive cooperative planning which has taken place on this development, including a local Coastal Program and Development Agreement which provide for implementation of the adopted, land use plan and extensive regional public benefits under either jurisdiction; 2) the utilization of common land use and fiscal planning assumptions, along with a mutually agreed upon fiscal consultant, which ensured that both County and City fiscal needs would be objectively addressed; and 3) the significant mutual benefits of the annexation in terms of aligning regional and municipal service responsibilities. Based upon these factors, we are utilizing the existing tax split. Unlike other recent city annexations in Orange County, there is also no need to provide a differential tax split between different phases of the annexation since there is sufficient fiscal incentive for the City to complete the annexation of Newport Coast. This tax split determination is specific to the Newport Coast annexation, and is not binding on either the City or County with respect to future annexations which are not part of the Newport Coast project. 8344790 99i P.02 • 0 C` J 0 • w 12/93/1997 10:20 8344790 • Annexation of Newport Coast Page Two CEO:STRATEGIC AFFAIR • Once the City Council has taken action to file a L AFCO application for the Newport Coast annexation, we will file an agenda item requesting that the Board of Supervisors adopt the necessary resolutions. Sincerely, `"J.J Michael M. Runne Assistant Chief Executive Officer Strategic Affairs DEC-03 -1997 10:19 cc: Supervisor Wilson, District 5 CEO CAuseAnpttaxtwo.doc 8344790 99i PAGE 03 P.03 Attachment III 0 ocice'941row4ot, Orange County Public Library• JOHN M. ADAMS 1501 E. ST. ANDREW PLACE, SANTA ANA. CA 92705 (714) 566 -3000 COUNTY LIBRARIAN Sept. 4, 1997 • Mr. Kevin Murphy, City Manager City of Newport Beach - City Hall 3300 Newport Blvd. Newport Beach, CA 92663 -8915 Dear Kevin; This letter is to confirm our conversation regarding annexations by cities of areas currently served by the Orange County Public Library (OCPL). It is the Board of Supervisors policy that in cases where such annexations occur and the annexing city is not a member of OCPL (as is the case with Newport Beach), that the property taxes on the annexed area which had been directed to the OCPL Fund are 100% passed through to the annexing city. It is my understanding that these funds can legally be used solely for the operations of the public library in the annexing city. Please let me know if we can provide any further information t regarding this issue. Sincerely, • John M. Adams County Librarian cc: Supervisor Thomas Wilson Jan Mittermeier, CEO ALLSO VIEJO * BREA *COSTA MESA/COSTA MESA *COSTA MESAMESA VERDE *CROWN VALLEY *CYPRESS *DANA NIGUEL *EL TORO *FOUNTAIN VALLEY GARDEN GROVEICHAPMAN * GARDEN GROVE REGIONAL * WEST GARDEN GROVE * IRVINEJHERITAGE PARK REGIONAL * IRVINE/UNIVERSITY PARK LAGUNA BEACH * LA HABRA * LA PALMA * RANCHO SANTA MARGARITA * SAN CLEMENTE * SAN JUAN CAPISTRANO REGIONAL SEAL BEACH/LDS ALAMITOSMOSSMOOR * SEAL BEACIUMARY WILSON * SILVERADO * STANTON * TUSTIN * VILLA PARK * WESTMINSTER ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into as of November 20, 1997 by and between the City of Newport Beach, a charter city ( "City"), and the Orange County Fire Authority, a joint powers authority ( "OCFA "). In consideration of the mutual benefits described herein, the parties agree as follows: 1. Recitals, This Agreement is made and entered into with respect to the following facts and purposes, each of which the parties agree are true and correct: a. City has initiated proceedings to annex, in phases, approximately 15 square miles of unincorporated territory within the County of Orange generally known as the "Bonita Canyon" and "Newport Coast" areas and specifically described and depicted on Exhibit A ( "Annexation Area "); b. OCFA currently provides Fire Services to the Annexation Area and upon completion of the annexation of the Annexation Area or portions thereof, the City will assume fire services for the areas annexed. . C. The parties anticipate that the Annexation Area may be annexed to the City in phases. The main phase of the annexation shall include: (1) the area in which OCFA Fire Station 52 is located; and (2) all open space areas within the Annexation Area which are not dedicated for future development, including the areas known as Coyote Canyon, Buck Gulley, Los Trancas Canyon, and Muddy Canyon ( "Area A "). It is the intent of the parties that the annexation of Bonita Canyon area to the City may precede the annexation of Area A to the City, but that the transfer of certain OCFA assets to the City as described in Section 4. of this Agreement would only be effective on the annexation of Area A to the City. 2. Assumption of Fire Services Upon Annexation. Upon the effective date of the annexation of areas within the Annexation Area to the City, the City shall assume responsibility for Fire Services in the areas annexed. As used in this Agreement, "Fire Services" shall include fire prevention, fire suppression, emergency medical services, and hazardous materials response. 3. Structural Fire Fund Property Tax Distribution. Pursuant to the provisions of Revenue and Taxation Code Section 99, upon the annexation of land within the Annexation Area to the City, it is the intent of City and OCFA that one hundred percent (100%) of the property taxes currently allocated to OCFA (Structural Fire Fund) for the area annexed shall be reallocated to the City. OCFA and City agree to take such further actions as are required to effectuate this property tax allocation with the Auditor Controller and Tax 1124/97 pmt 1480587.0 Collector of the County of Orange and the Local Agency Formation Commission of the County of Orange. OCFA shall retain the development contribution from the Irvine Company pursuant to an existing agreement between OCFA and the Irvine Company for the Bonita Village area (PA 26 -A). Additionally, OCFA shall retain 100% of the property taxes allocated to OCFA (Structural Fire Fund) from areas within the Annexation Area for which the annexation to the City has not become effective until such time as the annexation is effective. 4. Transfer of OCFA Assets to City. OCFA agrees to transfer ownership of (1) Fire Station 52, (2) all equipment and furnishings in Fire Station 52 as of the date of this Agreement, and (3) the Type I fire engine described in Exhibit B., to the City and City agrees to pay OCFA a one time cash payment of two hundred fifty thousand dollars ($250,000.00). This one time cash payment is in recognition of the financial contribution which OCFA has made in developing Fire Station 52, acquiring associated equipment, and providing response prior to and during the initial construction phases. The transfer shall be effective upon the effective date of the annexation to the City of Area A and the cash payment described in this Section shall be paid on or before this date. The City Manager of the City and the Fire Chief of OCFA are hereby authorized and directed to enter into an escrow to implement the transfer of assets and are further authorized to take such other actions as are necessary to implement the transfer of assets. C] 5. OCFA Personnel. a. The parties acknowledge that nine OCFA positions (three captains, three fire apparatus engineers, and three firefighters) would be eliminated by the transfer of Fire Station 52 and equipment to the City as provided in Section 4 of the Agreement. OCFA will attempt in good faith to transfer or reassign said employees into existing vacant positions. OCFA shall continue to staff Fire Station 52 prior to the effective date of the annexation of Area A. b. City has determined that it will need nine new positions (three captains, three fire apparatus engineers, and three firefighters) in its fire department to accommodate the new station and added responsibilities as described in this Agreement. As of the date of the annexation of Area A, City agrees to hire then current OCFA personnel who would be laid off upon City assumption of fire service responsibilities in accordance with Government Code Sections 53291 and 53292. C. Notwithstanding Section 5.b, OCFA and the City will use their best efforts to continue to reach an alternative agreement concerning the transfer of employees with their respective recognized employee organizations. • 11124/97 pt 1480597.0 - 2 - 6. Wildland Fire Protection. 0 a. Upon the effective date of the annexation of a portion of the Annexation Area to the City, City shall assume responsibility for all wildland fire protection in the area annexed, provided the transfer of assets has been completed as provided in Section 4 of this Agreement. b. In those portions of the Annexation Area for which the annexation is not complete, OCFA shall retain responsibility for wildland fire protection. C. OCFA will continue to provide wildland fire resources to City for the Annexation Area through existing mutual aid and automatic aid agreements. 7. Mutual Aid and Automatic Aid. a. City shall be responsible for providing emergency response to incidents on both directions of the San Joaquin Hills Corridor within the areas annexed to the City. OCFA shall continue to assist with such coverage pursuant to existing mutual aid and automatic aid agreements. • b. City shall continue to provide emergency response assistance to OCFA in OCFA protection areas currently served by Fire Station 52, as such areas are described on Exhibit C., including, but not limited to, the University of California Irvine area, pursuant to existing mutual aid and automatic aid agreements. Exhibit C. is attached hereto and incorporated herein as though set forth in full. is 8. Fuel Modification Responsibilities, The City and OCFA acknowledge that the oversight of fuel modification activities and maintenance in the Annexation Area will be the responsibility of the owners of property within this area. 9. Records. Prior to the effective date of the of the annexation of Area A to the City, OCFA shall provide any and all business records and files, whether computer records, hard copy, microfilm or fiche, historical data, deeds, easements, equipment logs, warranties, manuals and other similar documents relating to the Annexation Area, providing Fire Services to the Annexation Area, or Fire Station 52 and the equipment to be conveyed to the City pursuant to Section 4. of this Agreement. 11/24197 pm 1490587.0 -3 - 0 0 10. Indemnification. • a. OCFA shall defend, indemnify, and hold harmless City, its elected officials, officers, agents and employees, for any acts, errors, or omissions committed by or alleged to have been committed by OCFA or any of its officers, agents or employees prior to the transfer of responsibilities for providing Fire Services in the Annexation Area or in the course of performing services pursuant to this Agreement. b. City shall defend, indemnify, and hold harmless OCFA, its officers, agents and employees, for any acts, errors, or omissions committed by or alleged to have been committed by City or any of its officers, agents or employees prior to the transfer of responsibilities for providing Fire Services in the Annexation Area or in the course of performing services pursuant to this Agreement. 11. Statement of Mutual Cooceration. The City and OCFA acknowledge that numerous actions will have to be considered and approved by all parties in order to effectuate the terms of this Agreement. The City and OCFA agree to cooperate and assist each other and to use their best efforts to accomplish those tasks necessary to implement the terms of this Agreement. • 12. Severability. Should any provision, part or term of this Agreement be declared or determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts, terms and provisions shall not be affected thereby and said illegal, invalid or unenforceable part, provision or term shall be deemed not to be a part of this Agreement. 11/24!97 pM 1480587.0 -4- • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. 0 CITY OF NEWPORT BEACH Mayor Attest: City Clerk Approved As to Form: Robert Burnham City Attorney ORANGE COUNTY FIRE AUTHORITY Attest: R. Craig Scott Chairperson Clerk of the Board I Approved As to Form: Terry C. Andrus Counsel to Fire Authority IW4M pmt 1480587.0 -5 - Agenda Item 27 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER - DATE: December 8, 1997 TO: Honorable Mayor and Members of the City Council FROM: Peggy Ducey, Assistant to the City Manager SUBJECT: Supplemental Staff Report: Annexation of Newport Coast BACKGROUND At the City Council Legislative Committee meeting on Friday, December 5th, the Committee received a status report on the annexation of Newport Coast. Based on this report, the Legislative Committee has recommended the following review process, if the City Council approves the execution of the Fire Authority MOU. • ♦ Finalize the fiscal impact report and present findings to the City Council Finance Committee on Wednesday, December 10th. Schedule a presentation to the Public Safety Committee in December, as well. ♦ Present the fiscal impact report to the full City Council on January 12th. ♦ Implement a public information and outreach program on the Newport Coast annexation in January and February, 1998 which would include the following: • Conduct three public information meetings on annexation during January for Newport Beach and Newport Coast residents. These are tentatively scheduled as follows: January 13 6:30 p.m. Central Library January 21 6:30 p.m. Council Chambers January 28 6:30 p.m. Anderson School • Continue to make individual presentations to requesting homeowner associations on the annexation. See Attachment I for currently scheduled meetings. • Mail an information brochure city -wide on the potential annexation. • • Prepare an informational program on annexation to be televised on Channel 3. • • 1 ♦ Return to the City Council on February 23rd with a final report on the Newport • Coast annexation. Attached is a revised schedule based on these recommendations, as well as a revised LAFCO processing schedule if the Council ultimately approves the Resolution for annexation. RECOMMENDATIONS Direct staff to: 1. Present the findings from the Newport Coast fiscal impact report to the City Council on January 12, 1998; 2. Implement a public outreach and information program on the Newport Coast annexation as recommended by the City Council Legislative Committee; and 3. Present a final annexation report to the City Council on February 23, 1998. 0 • Annexation Review Schedule Finance Committee Review of Annexation Report 12/10/97 Public Safety Review of Annexation Report 12/97 City Council Review of Annexation Report 1/12/98 Public Outreach and Information Program 1/13 - 2/22/98 City Council Review of Final Annexation Report 2/23/98 If an application with LAFCO is filed, the following is an averse timeline to process the annexation: Submittal of Application to LAFCO including Resolution, Map, Description and Applicable Fees Day 1 LAFCO Distribution of Application Week 1 Review by Affected Agencies Review by County Assessor and County Auditor County Assessor Provides Assessed Valuations and Tax Rate Areas to County Auditor within 30 days . County Auditor Notifies Affected Agencies within 45 days Property Tax Exchange Resolutions Approved by Affected Agencies 3/98 within 30 days LAFCO Staff Analysis Complete Week 12 Notice of Public Hearing 15 days prior LAFCO Public Hearing Week 14 Set Hearing Date for Conducting Authority within 30 days Conducting Authority Hearing Week 19 Assuming Protest is not sufficient to require election or terminate proceedings, Conducting Authority transmits Week 20 Resolution to LAFCO LAFCO Clerk files Certificate of Completion with County Week 22 • LAFCO Clerk sends Statement of Boundary Change to the State Board of Equalization Week 23 • Ochment I CITY ASSOCIATIONS Meeting Schedule Peggy Ducey COUNCIL DATE TIME ASSOCIATION DISTRICT December 11, 1997 6:00 P.M. Sea Island Community Assoc. 5 1 Corporate Park, #200, Irvine January 5, 1998 6:00 P.M. Eastbluff Homeowners Association 4 January 8 7:00 P.M. Balboa Peninsula Point Peninsula Point Racquet Club 1 January 13 7:00 P.M. Linda Isle Community Assoc. 5 Next to Yankee Tavern February 26 7:30 P.M. Park Lido Homeowners Assoc. 1 Hoag Hospital 12/2/97 • LZ endor Information: )hone: (909) 923.0776 Perms: Net 30 Days FOB: Destination endor Name and Address Fire Bann Corporation (FP0075 :020 F. Baker Ave. Ontario. CA 91;61 •80 a. Awer Street. Grange, GA �doo (714) 744-0400 Date: 23 May 1996 Purchase Order Number. J14296428 SHIP TO: CC Fire Authority 145 S. Water Street Orange, CA 92666 Delivery by: See Below OR hlwtseww .See tna A, a 0MV Lauer PAe AWw. Arne novae. PaYeala P.a see S%or*M% CA m9Aeaoss 4pelow rrerw nlwaeoe ee Nmruee crow (po) n,,,n.,. eulM. aaww" 608000 de nesdlwidwrerAm kftm M use elk W osA OCPA PO newer snow adpaer m Y IsNeioab Woo" a0 kw*" CAM dawfute 1 008044, eel be elan w" Oda aaa.eore and w9 be telex m M teed slaw ow&s q ter) adeea ase,.Me sated . Meledow dpe derpee neM M Oaeaid end tltea a iwelaa 4telde psmf d peMnae bAelya oltroea aw ti6.9t1 . 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