HomeMy WebLinkAbout07 - Santa Ana Heights AnnexationITEM 7
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Resolution 2002 -_ Relating to Costa Mesa - Newport Beach Island
Annexations
RECOMMENDED Approve Resolution 2002 -_ stating that that City of Newport Beach:
ACTION:
1. Agrees to amend its March 2001 annexation application to include the
Emerson /Tustin neighborhood; and
2. Supports the Orange County Development Agency's assistance with
the land acquisition and construction costs associated with a new fire
station within Santa Ana Heights; and
3. Supports The Orange County Development Agency's purchase of a
community center in Santa Ana Heights using redevelopment funds;
and
4. Agrees to participate in the maintenance and operations of the
community center should the City succeed in annexing East Santa
Ana Heights.
BACKGROUND: Please see an April 9, 2002 Study Session staff report and PowerPoint
presentation associated with this issue on the City's Web site at
www.city.newport - beach.ca.us.
Recent Actions. Since the Council last discussed its proposal to annex
portions of the unincorporated islands that he between Costa Mesa and
Newport Beach, we have done the following:
Communications with SAH PAC. After the Santa Ana Heights Project Area
Committee (SAH PAC) wrote to me about several issues of concern to them,
I responded with the attached letter and attended a special meeting on May
8, 2002 to answer questions and hear concerns in person. The meeting was
fairly successful in allowing both the community and me to better
understand issues of interest.
• Fire Station. Our efforts to use Orange County Development Agency
(OCDA) funds to acquire land for and build a fire station in Santa Ana
Heights have been somewhat successful, yet they are not complete. When
the SAH PAC recently voted and prioritized their expenditure "wishes," a
new fire station came out their top choice. Thanks to this vote and support
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from Supervisor Silva (and the fact that OCDA has about $30 million in fund
balance available for development projects), Chief Tim Riley and I have
studied a number of potential sites along Birch Street for the Station. We
have spoken with County staff, Supervisor Jim Silva, and with various land
agents and developers about our interests. I believe that the station can be
built using OCDA funds as long as other community needs are met — we
will need to continue to work with PAC and with Supervisor Silva on this
issue in the days to come.
Proposed Purchase of a Community Center. The Orange County Board of
Supervisors, acting as the directors of the OCDA, will soon consider
negotiating with a property owner at 20071 Cypress Street to purchase a
parcel that could serve as a community center for area residents. Supervisor
Silva has asked the City Council to state its support for the OCDA purchase
and to state whether the City would consider operating and staffing the
facility if OCDA purchases it. The Community Services Department staff
and I have visited the property several times and agree that it would
effectively serve as a community center with recreational programming as
long as the center was operated according to an established operations plan.
We believe that this portion of the community -- especially following
annexation -- will need an appropriate meeting facility and recreation area
for community programming. The center -- if purchased with OCDA funds
and operated with City funds and with revenue generated from Center uses
(weddings, reunions, residential rental, garage rentals), would be open to the
entire community according to an Operational Plan and according to
Community Services Department policies.
Emerson Tract. At a May 16, 2002 workshop hosted by the Orange County
Local Agency Formation Commission (OC LAFCO) and attended by about
110 people including the City Manager, Fire Chief Riley, and me, LAFCO
again inquired as to the City's interest in including a nine - parcel section of
territory off of Tustin Avenue in its annexation application. LAFCO believes
that the area has a historical tie to the City of Newport Beach and will be best
served via our municipal services. I believe that this addition makes sense
and should be added to our application.
This agenda item asks for the Council's adoption of a Resolution stating
concurrence with several issues relating to the City's unincorporated
island annexation effort.
ATTACHMENTS: Attachment A - Resolution 2002 -_
Attachment B - Aerial Photo of Emerson /Churchill Tract
Attachment C -- May 7, 2002 Letter to SAH PAC
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Attachment A
RESOLUTION 2002-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
RELATING TO PROPOSED ANNEXATIONS
OF UNINCORPORATED ISLANDS
BETWEEN COSTA MESA AND NEWPORT BEACH
WHEREAS, in September 2000, the City Council adopted Resolution 2000 -81 that
authorized City staff to file an application for the reorganization of three separate annexation
areas known as the Newport Coast, East Santa Ana Heights, and Bay Knolls; and
WHEREAS, the City filed a formal application for these three territories on March 20, 2001
with the Orange County Local Agency Formation Commission; and
WHEREAS, the City of Newport Beach separated this single application into three
separate applications on May 8, 2001 but, in Resolution 2001 -27 resolved to "diligently and in
a timely manner pursue the annexation of each of the three areas regardless of their
separation into three applications;" and
WHEREAS, the City of Newport Beach has continued to work with LAFCO staff, area
residents, and staff from the Orange County Development Agency (OCDA) to effectively plan
for service provision following annexation; and
WHEREAS, the City of Newport Beach believes that annexation of East Santa Ana
Heights shall be enhanced by the OCDA's purchase of land and facilities associated with
separate parcels that would lead to the establishment and construction of a fire station and a
community center in the Santa Ana Heights; and
WHEREAS, the City of Newport Beach believes that the addition of several parcels of
land known as the Emerson/ Churchill tract adjacent to the city limits of Newport Beach to the
City's annexation applications would further improve and enhance services to these
territories; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby:
1. Agrees to amend its March 2001 annexation application to include the
Emerson /Tustin neighborhood; and
2. Supports the Orange County Development Agency's assistance with the land
acquisition and construction costs associated with a new fire station within Santa
Ana Heights; and
3. Supports The Orange County Development Agency's purchase of a community
center in Santa Ana Heights using redevelopment funds; and
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4. Agrees to participate in the maintenance and operations of the community center
should the City succeed in annexing East Santa Ana Heights.
ADOPTED this 28th day of May, 2002.
TOD W. RIDGEWAY
Mayor of Newport Beach
ATTEST:
LAVONNE HARKLESSS
City Clerk
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Attachment C
May 7, 2002 Letter to SAH PAC
CITY OF NEWPORT BEACH
May 7, 2002
Mr. Roger Summers, Chairman
Santa Ana Heights Project Area Committee (PAC)
20292 Birch Street
Newport Beach, CA 92660
RE: Newport Beach's Annexation Proposal for Santa Ana Heights & the PAC's Proposed Terms
and Conditions
Dear Roger
First, thank you for calling us all together tomorrow to help us all (especially me) better
understand some of the concerns and interests of the Santa Ana Heights community regarding
the City of Newport Beach's proposal to annex the eastern portion of Santa Ana Heights.
This past week you forwarded to me via e-mail a list of "terms and conditions" on behalf of the
PAC relative to annexation. Let me attempt to comment upon and respond to your proposals,
with a significant caveat -- I will be relaying my thoughts alone as to the City's position on these
issues. A formal, definitive response will require City Council approval if PAC seeks to cause
the City to amend the application and Plan of Service currently submitted to (March 2001) and
under consideration by Orange County LAFCO.
In the paragraphs that follow, I will comment (in underline ) after a restatement of your question
or position:
John Wayne Airport. In what specific ways can the City of Newport Beach (NB) partner
with the Santa Ana Heights Project Advisory Committee (PAC) and the citizens of Santa
Ana Heights (SAH) in their efforts to control the expansion of John Wayne Airport (JWA).
If a partnership means collectively advocating a position, I believe that the most significant
(if not the only) Partnership to focus upon is the approval of the proposed 10 -year Extension
with modifications to the 1985 Settlement Agreement. I know that some members of the
Santa Ana Heights community disagreed — often vocally -- with Scenario One in the EIR.
The City strongly believes that small increases in the number of gates and MAP is the only
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Administration and to the airlines is a great way to partner in controlling the expansion of
TWA I can't see any other specific partnership at this time, but I know that the Citv Council
is open to suggestions from PAC or any resident.
2. Service Fees. NB will not create any new tax assessment districts or add any service fees
not presently charged to the citizens of Newport Beach. The City Council has not proposed
any assessment districts nor SAH- specific service fees in our March 2001 application. Any
such area specific fee or assessment would require voter approval by the registered voters in
SAH.
3. SAH Specific Plan. NB will reconfirm, its inclusion of the SAH Specific Plan in its entirety
dated October 1986 and all revisions and amendments that have been approved by the
Orange County Board of Supervisors since 1986. In conducting the pre - zoning that is a
precursor to any LAFCO filing the City Council on August 8, 2000 re- affirmed the Specific
Plan and pre -zoned Santa Ana Heights according to the Specific Plan.
4. Project Advisory Committee (PAC). That the PAC will remain as a functioning priority
community organization recognized by NB with the bylaws of its organization and
responsibilities to remain as.is and reaffirmed by NB prior to annexation being approved by
LAFCO. PAC will remain a functioning organization as long as the community remains
within a redevelopment roject area and will always be the sole body to which the Board of
Supervisors looks to for advice on redevelopment issues. Because PAC appears to be the
only community -based organization in the area today, I see no reason why the City will not
look to PAC for its perspectives on service issues as we have done up through today. We
have no formal recognition or role for HOAs or COAs in the city today, so I don't see the
Council responding any differently to PAC as we do to the 100+ HOAs and COAs. That
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5. Fire and Emergency Medical Services. NB shall provide the identical fire and EMS service
to SAH that it provides to the remainder of the City. Such service shall include the
placement of a Paramedic Assessment Unit. PAC will support a request by NB to the OC
Redevelopment Agency to assist in partial funding of a new fire station. As we have spoken
about we sincerely appreciate PAC's support for our efforts in securing funding for the land
acquisition and construction of a new fire station serving SAH and portions of Newport
Beach today. We will always provide homes and businesses in our city the type of Fire and
emergency medical services that meet the high response times that our residents and
business owners expect I recognize that you are attempting to mirror the agreement we
made with the Newport Coast Committee of 2000 in asking for a PAU, but the issue is more
complex than that — sometimes our stations are assigned even more than a PAU depending
upon their proximity to other medic units. For Santa Ana Heights, the Fire Chief will make
his best recommendation to the City Manager as to EMS service -- service which will be
equal to the service provided to every part of Newport Beach.
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6. Law Enforcement Services. Upon the effective date of annexation, NB shall provide the
identical law enforcement services to SAH that it provides to the remainder of NB. This is
what we have proposed in our Plan of Service for the annexation.
7. Public Common Areas. Before the effective date of annexation, NB, County (OC), and PAC
shall determine which medians, parkways, and common areas shall be NB's obligation to
maintain and to what level this will take place. I am happy to talk with PAC about which
street and streetside landscaping the City would maintain after annexation. Most publicly-
owned land will transfer to the City upon annexation (including maintenance
responsibilities), but the City Council ultimately will decide alone how to or if to administer
anything more than that publicly -held land. All maintenance done by the City will be to the
same high standards applied to the city as a whole.
8. Curbside Residential Refuse Collection. Upon effective date of annexation, NB will pay
for curbside residential trash collection. Respectfully, paying for refuse collection in Santa
Ana Heights has not been in and in all likelihood will not be amended into our proposed
Plan of Service. The diversion of property tax increment in Santa Ana Heights to the
Orange County Development Agency makes this unfeasible, since the City is unlikely to
ever see a positive revenue balance (costs to serve less revenue for such services) after
annexation.
Aviation Committee. Upon effective date of annexation, NB City Council shall appoint one
or more PAC representatives to the NB's Aviation Committee. I'm certain that the Aviation
Committee would appreciate the presence of a Santa Ana Heights resident on the
Committee. Such an action requires the Council to amend the Resolution which created and
governs the Committee, but that's certainly attainable. Following that amendment, we
would make the offer to any SAH resident -- not necessarily a member of PAC -- to submit a
formal application for appointment by the City Council. PAC would be free to submit
candidates and to offer its recommendation on whom the Council should select.
10. SCE Encouragement. Upon effective date of annexation, NB shall use its "best efforts' to
encourage SCE and the OC Redevelopment Agency to underground power lines in SAH
and assist PAC particularly in undergrounding of the high tension power lines along
Cypress and Mesa Drive. OK.
11. Maintenance and Beautification. Prior to annexation, NB staff will meet with PAC to
discuss the ongoing maintenance and beautification projects outlined or planned within the
community of SAH, i.e. street sweeping, trails and maintenance, park improvements,
community horse arena, sidewalks, monument signage and street widening. Assuming
these projects are all to be funded with redevelopment dollars, the County of Orange will
still need to participate in some of these decisions. We have proposed maintaining the same
types of facilities we maintain today — streets, curbs, gutters, monument signs, and
sidewalks (few that there are). We haven't been in the business of maintaining equestrian
trails or arenas, but we can meet with PAC and learn more about it.
12. West Santa Ana Heights. If LAFCO were to release West Santa Ana Heights from the
sphere of influence of the City of Costa Mesa, or the citizens of West Santa Ana Heights after
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a voting procedure allowed by law were to opt out of the recommended annexation by
Costa Mesa and continue as a County island, the City of Newport Beach would within sixty
days, if either of these conditions prevail, submit an application to LAFCO for a sphere of
influence change and annexation to the City of Newport Beach. Respectfully, I do not
believe that the City Council will agree to this term nor take this action.
Please direct any questions about this response to me at 949 - 644 -3002. As always, any resident
of eastern Santa Ana Heights may contact me at that same number or via e-mail
(dkiff@city.newport- beach.ca.us) with thoughts or concerns about the City's annexation
proposal.
Sincerely,
-- COPY --
DAVE KIFF
Assistant City Manager
cc: Supervisor Jim Silva, 2nd District
Members of the Newport Beach City Council
Homer L. Bludau, City Manager
Mr. Paul Lanning, County Executive Office
Ms. Carolyn Thomas, Orange County LAFCO
Chief Tim Riley, Newport Beach Fire Department
SANTA ANA HEIGHTS
-FOR NEWPORT BEACH ANNEXATION
VOTER PLEDGE
TO THE LAFCO COMMISSIONERS, ALL STATE OF CALIFORNIA
AGENCIES, LAFCO OFFICERS, SUPERVISORS OF ORANGE COUNTY,
AND CITY COUNCIL MEMBERS, PLEASE TAKE NOTICE THAT:
I am an owner, resident, and/or registered voter who resides at the address
listed below, which is within the area of the Santa Ana Heights Specific Plan. I
hereby notify you that I, as a member of the Santa Ana Heights Community, take
the following positions and pledge to vote my support for the following positions:
I object to Costa Mesa's annexation application insofar as it
�( relates to the area of the Santa Ana Heights Community. And,
should LAFCO approve that application, I pledge to object to it and
to cast my vote against any annexation of any Santa Ana Heights
area to the City of Costa Mesa.
I am in favor of building a Newport Beach -Santa Ana Heights Fire
,( Station. I support the use of the Santa Ana Heights Community
Redevelopment Area's funds to purchase land and to pay for the
construction of a Santa Ana Heights (SAH) Fire Station for the City of
Newport Beach, on condition that Newport Beach, LAFCO, and the County
of Orange protect the physical boundaries of the SAH Community by
granting the pending application for a Sphere of Influence Adjustment to
move all of SAH into the Sphere of Influence of the City of Newport Beach.
And, all of the subject SAH Specific Plan Area and Community
Redevelopment Area must be annexed to the City of Newport Beach.
Name(s):
Address:
City, State, Zip:
Phone #:
Signature(s):
Date:
May ; 2002