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HomeMy WebLinkAboutCounty of Orange - 2006-06-05r ' j �"f r ZOiIS "AY 25 Ptj 4: 13 Council/Agency Meeting Held:, Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 5!Vlerk;1Si6nat6re Council Meeting Date: June 5, 2006 Department ID Number: AD 06-19 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINIST T R f' PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINISTRTOR ij SUBJECT: Adopt Resolution for the Property Tax Exchange betwe the City of Huntington Beach and the County of Orange for the Si nal Landmark Property Annexation and Approve the Out of Service Area Agreement Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On December 12, 2005, the City Council approved a Pre -Annexation Agreement with Signal Landmark (Hearthside Homes) and approved an application for an Out of Service Area Agreement. The proposed Tax Sharing Resolution is required pursuant to the Revenue and Taxation Code, and the Out of Service Area Agreement is ready for execution. Funding Source: Not applicable Recommended Action: Motion to: 1. Adopt Resolution No.;ZPOb•-Z�Agreeing to the Property Tax Exchange between the City of Huntington Beach and the County of Orange regarding the Signal Landmark Property Annexation (Attachment 1); and 2. Approve and authorize execution by the Mayor and City Clerk the Out of Service Area Agreement between Signal Landmark and the City of Huntington Beach (Attachment 2). Alternative Action(s): Deny the recommended actions and direct staff accordingly. zE - 147-� -lctl REQUEST FOR CITY COUNCIL ACTION MEETING DATE: June 5, 2006 DEPARTMENT ID NUMBER: AD 06-19 Analysis: On December 12, 2005, the City Council approved a Pre -Annexation Agreement with Signal Landmark (Hearthside Homes) and authorized the application of an Out of Service Area Agreement between Signal Landmark and the City of Huntington Beach (Attachment 3 — RCA only). The pre -annexation agreement outlined a mechanism for water and sewer service prior to annexation as well as terms for the actual annexation of the approximately 105.3 acres located within unincorporated Orange County. A number of steps are required prior to annexation. Two such actions are addressed in this item, the Tax Sharing Resolution and the Out of Service Area Agreement. The property tax exchange resolution is required pursuant to the Revenue and Taxation code. The proposed redistribution is consistent with the Master Property Tax Transfer Agreement approved in 1980. The City will receive 55.9617% and the County of Orange will receive 44.0383% of the County's share of the 1 % basic property tax levy. The City will receive 100% of the Structural Fire Fund and 100% of the Public Library Fund generated in the annexed areas upon annexation. The County of Orange is scheduled to approve a resolution under these terms on May 23, 2006. The Out of Service Area Agreement is required by the Local Agency Formation Commission (LAFCO) in order to provide water and sewer to the area prior to annexation. The City Council approved pre -annexation agreement calls for the City to provide water and sewer services prior to annexation and then as the project is annexed in phases, water and sewer services will be provided to the residences. The out of service area agreement is scheduled for approval by LAFCO after execution by the property owner and the City. There are a number of actions related to this annexation that will be scheduled for future City Council action. These include an agreement with the Orange County Fire Authority for pre - annexation fire and rescue activities and an agreement with the County of Orange for a cooperative processing agreement that outlines the transition of the County plan checked, inspected and permitted work to City annexed property. In addition, a Zoning Text Amendment/Specific Plan, a Zoning Map Amendment and an Environmental Assessment will be required prior to annexation. These actions are planned to take place prior to the end of the calendar year. Environmental Status: Approval of the tax sharing agreement is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3). Environmental Impact Reports have been certified for the proposed development and for the provision of services to the subject site. These documents include alternatives that analyze the provision of services to the site by the City of Huntington Beach. -2- 5/24/2006 11:15 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: June 5, 2006 DEPARTMENT ID NUMBER: AD 06-19 Attachment(s): City Clerk's .- NumberDescription1. Resolution Agreeing to the Property Tax Exchange between the City of Huntington Beach and the County of Orange regarding the Signal Landmark Property Annexation 2. Out of Service Area Agreement between Signal Landmark and the City of Huntington Beach 3. Approved RCA - Pre -Annexation Agreement with Signal Landmark (Hearthside Homes) and authorized the application of an Out of Service Area Agreement between Signal Landmark and the City of Huntington Beach -3- 5/24/2006 11:15 AM ATTACHMENT #1 RESOLUTION NO. n 6 _ 2 s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE REGARDING THE SIGNAL LANDMARK REORGANIZATION TO THE CITY OF HUNTINGTON BEACH WHEREAS, Signal Landmark has filed an application with the Local Agency Formation Commission to annex the unincorporated territory referred to as "Signal Landmark Reorganization to the City of Huntington Beach (RO 05-60)" which is approximately 1 I i undeveloped acres located in the upper mesa area of the unincorporated Bolsa Chica Ecological Reserve, southeast of Warner Avenue, north of the Pacific Coast Highway, west of Bolsa Chica Street and south of Los Patos Avenue, and California Revenue and Taxation Code Section 99 allows cities and counties to adopt and approve property tax exchange agreements to set forth the exchange of such revenues following the addition to a city of previously unincorporated territory; and The County and City staffs have reached agreement, subject to Board and City Council approval, regarding the exchange of property tax as a result of the annexation of the unincorporated territory by the City, whereby upon annexation by the City, the City shall receive 55.9617% of the County's share of the 1 % basic levy of property tax and the County shall receive 44.0383% of the County's share of the 1% basic levy property tax generated within the area to be annexed, pursuant to Master Property Tax Transfer Agreement 80-2093; and The City shall receive 100% of the Structural Fire Fund and 100% of the Library fund generated in the annexed areas upon annexation; and The County staff and the City of Huntington Beach staff desire to have the same adopted and approved by their respective governing bodies, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the City Council does hereby approve the property tax exchange agreement reached between the City of Huntington Beach and the County of Orange, whereby, upon completion of the annexation of the unincorporated area referred to as the Signal Landmark Reorganization to the City of Huntington Beach (RO 05-60), the City shall receive 55.9617% and the County of Orange shall receive 44.0383% of the County's share of the 1% basic levy of property tax from the annexed area pursuant to Master Property Tax Transfer Agreement 80- 2093. Resolutions: 2006: Signal Landmark Tax Sharing Resolution No. 2006-25 2. That the City of Huntington Beach will receive 100% of the Structural Fire Fund and 100% of the Public Library fund generated in the annexed areas upon annexation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 0 5, , 2006. REVIEWED AND APPROVED: . City Addiinistrator 2 Resolutions: 2006: Signal Landmark Tax Sharing Mayor APPROVED AS TO FORM: Res. No. 2006-26 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) !, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the Sth day of June, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None CitoClerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Huntington Beach Attn: Joan L. Flynn City Clerk's Office P.-; 0..:Box 1 9Q' :- Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County ITom Daly, Clerk -Recorder NO FEE I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I 2006000404528 09:45am 061*06 121 159 Al 11 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 '--S-ignat—.Landma-r-k—Reo-r-ganzation to the City of Huntington Beach (RO 05-60) Agreement Between Signal Landmark and the City of Huntington Beach This doainrerrt is solely for the offldal wed►. asas f aw e� of Hundnqton tmplated uric& Qotierrrrnsrrt Code Sec. 6103 and should 69 recorded free of charge. 41. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) SIGNAL LANDMARK REORGANIZATION TO THE CITY OF HUNTINGTON BEACH (RO 05-60) AGREEMENT BETWEEN SIGNAL LANDMARK AND THE CITY OF HUNTINGTON BEACH THIS AGREEMENT is made this day of ,,5- , 2006, between Signal Landmark, a California corporation, hereinafter referred to as "Owner," and the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City." WHEREAS, Owner is the owner of certain real property, hereinafter referred to as "the Subject Property," consisting of approximately 105.3 acres located within unincorporated Orange County, and further described in the legal description attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein; and Owner is developing a phased residential project, hereinafter referred to as "the Project," on the Subject Property pursuant to entitlement approvals received from the County of Orange, and requires the use of City's water and sewer systems and the right to connect to City's existing water and sewer mains which are contiguous to the Subject Property; and Owner has agreed to the annexation of the Subject Property to the City of Huntington Beach on the terms and conditions set forth in the Pre -annexation Agreement between the Owner and the City of Huntington Beach dated January-------2-6ft and City is willing to consent to the connection of the Project to City's water and sewer system as set forth in the Preannexation Agreement between Owner and City dated Jano ' J � �-�'' �i 2000Sand on the condition that the Owner permit said annexation to the City at the earliest possible time; and The Orange County Local Agency Formation Commission ("LAFCO") policy on out -of - area agreements provides that LAFCO shall approve this agreement for service outside of the City's jurisdictional boundaries only in anticipation of a change of organization (i.e., annexation to the city); and NOW, THEREFORE, the parties agree as follows: 1. Owner hereby gives its irrevocable consent to annexation of the Subject Property to the City at such time as the annexation may be properly approved through appropriate legal proceedings, and Owner does further agree to provide all reasonable cooperation and assistance to the City in the annexation proceedings. Said cooperation is contemplated to include signing any applications or consent prepared by the City and submitting any evidence reasonably within the control of Owner to the various hearings required for the annexation. Said cooperation does not include, however, an obligation on behalf of Owner to institute any litigation or judicial proceedings whatsoever to compel the annexation to.the City. PDA: 2006 Agree: OAS Agreement May 15 2006 2. The City hereby agrees to authorize the connection of the Project to be developed on Owner's property to City's water and sewer systems. Said connection to the water and sewer system shall be permitted by City at such time as Owner's development has progressed to the point that water and sewer connections to the mains would normally occur whether or not annexation has yet occurred. 3. Upon approval of the extension of services outside of the City boundaries by LAFCO, City agrees to provide water and sewer services to the Project prior to annexation to the City on the following terms and conditions: a. Payment by Owner to City of Water Connection Fees in the amount of Four Thousand Eight Hundred Dollars ($4,800.00) per unit, payable at the time of the issuance of building permits for each unit. b. Payment by Owner to City of Sewer Connection Fees in the amount of One Thousand Seven Hundred Forty-nine Dollars ($1,749.00) per unit, payable at the time of issuance of building permit for each unit. C. Payment by Owner to City of standard water and sewer service fees at the same rates as charged to City customers. d. Owner shall bear the cost of constructing all infrastructure required to provide water and sewer service to the Project. e. Owner shall pay all costs of annexation of the Subject Property to the Orange County Sanitation District. f. Owner shall pay any and all fees that may be charged by LAFCO. g. Owner agrees to be bound by all City ordinances, rules and regulations regarding the water and sewer systems. 4. This Agreement shall be recorded. 5. The Owner shall develop the Project in accordance with the approved entitlements, and shall construct the Project pursuant to all applicable County Codes, including, but not limited to Zoning, Engineering and Building and Safety Codes. b. As part of this Agreement, Owner and City agree to defend, indemnify, hold harmless, and release LAFCO, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this agreement and adoption of the environmental document which accompanies it. This indemnification obligation shall include, but not be limited to, damages, costs, expenses, attorney fees, or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the approval of this 2 PDA: 2006 Agree: OAS Agreement May 15 2006 Agreement, whether or not there is concurrent passive or active negligence on the part of LAFCO, its agents, officers, attorneys, or employees. 7. This Agreement shall be effective on the date it is executed by both parties and approved by LAFCO, and shall remain in effect until the later of (a) the recordation of the final phase of the annexation, or (b) September 1, 2011. If the final phase of annexation is not recorded by September 1, 2011, LAFCO may record annexation of any remaining unrecorded phases to the City, to be effective upon recordation. 8. Owner has executed this Agreement on behalf of itself, its successors and assigns, and the Agreement shall be irrevocable without the prior written consent of both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on52006. OWNER: Signal Landmark A California corporation t R By: Its: resident and Chief Executive Officer By: Its: 3 PDA: 2006 Agree: OAS Agreement May 15 2006 CITY: City of Huntington Beach A California municipal corporation Mayoray// jt�-l�-��o"� OVED AS TO FORM: REVIEWED AND APPROVED: City Administrator INITIA Deputy City /016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 8, 2006 Date personally appeared ss. before me --------- P. L. Esparza, Notary Public ---- Name and Title of Officer (e.g., "Jane Doe, Notary Public") P. L. ESPAM Conwnk*)n #f 1599179� Hokuy Pulft - callowda oir w Counter r j0&.MVC0M.-80ftAQ4. Place Notary Seal Above Dave Sullivan Name(s) of signers) C6 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that hef9he/hey-emeeuted the same in his/hw/their authorized capacity(ise), and that by his/klerAbek signature(s) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. i�iOend .r• official I *WA OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Signal Landmark Reorganization to the City of Huntington Beach (RO 05-60) Agreement Between Signal Landmark and the City of Huntington Document Date: June 5, 2006 f !!*&ber of Pages: Signer(* Other Than Named Above: Joan L. Flynn, City Clerk Capacity(i") Claimed by Signer Signer's Name: Dave Sullivan ❑ Individual I!f Corporate Officer — Title(s): Mayor ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ rustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The City of Huntington Beach 01999 Na*xW NotaryAssociation - 9350 Do Soto Ave., P.O. Box 2402 • Chatewonh, CA 91313-2402 • www.nationelnolaryorg Prod. No. 51107 Header: Call Toll -Free 1.800-8764MW CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On June 13, 2006 , before me, --------- P. L. Esparza, Notary Public ------- Date Name and Title of officer (e.g., "Jane Doe, Notary Public') personally appeared Joan Flynn, City Clerk Name(s) of signers) Pt IWAM co m iadon * ISM" NOWY FUM - CaN=fia ownge County MVComm.rdq:I sA+gP. Place Notary Seal Above ❑ personally known to me g proved to me on the basis of satisfactory evidence to be the person(&} whose name(s) is/efe subscribed to the within instrument and acknowledged to me that Omishetthey executed the same in hWher/"r authorized capacity(ies), and that by aWher/their signature* on the instrument the person(&), or the entity upon behalf of which the person(e) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of AttachedDQcument Agreement or Type of Document: t Between Signal Landmark and City of Huntington Beach Document Date: June 5, 2006 Number of Pages: Signer($) Other Than Named Above: Dave Sullivan. Mayor Capacity(!") Claimed by Signer Signer's Name: Joan Flynn, City Clerk ❑ Individual Corporate Officer— Tftle(s): City Clerk ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ rustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: City of Huntington Beach, A California Municipal Corporation Top of thumb here 0 1999 National Notary Aawciation 9360 De Soto Ave.. P.O. Box 2402 - Chabwanh, CA 91313.2402 - www.naborMnotwy.org Prod. No. W7 Reorder: call Tcl*m 14OD-876MV STATE OF CALIFORNIA ss. COUNTY OF ORANGE On May 18, 2006, before me, the undersigned, a Notary Public for the State of California, personally appeared, Raymond J. Pacini, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. COIIECE WILCOX Commlaaion # 16055W Notary Public • "" No � Collece Wilcox tNyccxnn,.ExMr«s�tp, My Commission Expires: September 10, 2009 DESCRIPTION OF ATTACHED DOCUMENT: Signal Landmark Reorganization To the City of Huntington Beacy (RO 05-60) Agreement between Signal Landmark and the City of Huntington Beach Annexation EXHIBIT "A" BRIGHTWATER LEGAL AND EXHIBIT THAT PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. CC 92- 01, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, PER DOCUMENT RECORDED SEPTEMBER 2, 1992 AS INSTRUMENT NO. 92-589755 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF LOT B OF TRACT NO. 15734, AS PER MAP FILED IN BOOK 797, PAGES 41 THROUGH 43, INCLUSIVE, OF MISCELLANEOUS MAPS IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT NO. 15734, SOUTH 34002'08" EAST, 604.67 FEET; THENCE, ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 15734, NORTH 89°58'30" EAST, 323.00 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN A QUITCLAIM DEED RECORDED NOVEMBER 3, 1959 IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE QUITCLAIM DEED, SOUTH 00-10129" WEST, 555.39 FEET TO THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING AND DISTANCE OF "SOUTH 55055'23" WEST, 109.74 FEET" IN THE NORTHERLY BOUNDARY OF AN "IRREVOCABLE OFFER OF DEDICATION IN FEE FOR OPEN SPACE, HABITAT ENHANCEMENT AND PUBLIC ACCESS PURPOSES" RECORDED DECEMBER 05, 2005 AS INSTRUMENT NO. 2005000970073, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG SAID NORTHERLY BOUNDARY OF SAID OFFER OF DEDICATION, THE FOLLOWING COURSES; SOUTH 55055'23" WEST, 109.74 FEET; SOUTH 55049'21" WEST, 127.09 FEET; SOUTH 44024'16" WEST, 82.15 FEET; SOUTH 73047'18" WEST, 29.41 FEET; SOUTH 61037'27" WEST, 60.35 FEET; SOUTH 62025'42" WEST, 53.70 FEET; SOUTH 62041'17" WEST, 50.15 FEET; SOUTH 72035'28" WEST, 100.45 FEET; SOUTH 55044'37" WEST, 114.79 FEET; SOUTH 49022'16" WEST, 39.37 FEET; SOUTH 70015'15" WEST, 41.57 FEET; SOUTH 88031'08" WEST, 17.51 FEET; NORTH 89031'28" WEST, 66.14 FEET; SOUTH 88005'41" WEST, 55.11 FEET; SOUTH 83039'51" WEST, 31.84 FEET; SOUTH 67055112" WEST, 18.88 FEET; SOUTH 68056'57" WEST, 52.58 FEET; V:\PROJECTS\2042341410\surmV\LEGALS1BRiGHTWATER PROJECT AREA+OOD.doc 1 "Exhibit A" NORTH 86059100/1 WEST, 50.59 FEET; NORTH 7502411211 WEST, 53.32 FEET; NORTH 82053105" WEST, 51.28 FEET; SOUTH 71021120" WEST, 52.46 FEET; SOUTH 71021120" WEST, 69.49 FEET; NORTH 79052155" WEST, 58.33 FEET; NORTH 61027107" WEST, 46.07 FEET; NORTH 69040117" WEST, 81.44 FEET; NORTH 70013112" WEST, 82.15 FEET; NORTH 65040124" WEST, 65.61 FEET; NORTH 42028144" WEST, 56.43 FEET; NORTH 00059106" WEST, 56.77 FEET; NORTH 06051135" WEST, 63.77 FEET; NORTH 26039154" WEST, 223.33 FEET; NORTH 28036151" WEST, 11.33 FEET; NORTH 30007151" WEST, 30.77 FEET; NORTH 52020102" WEST, 54.33 FEET; NORTH 67-42157" WEST, 54.44 FEET; NORTH 8905914011 WEST, 57.23 FEET; SOUTH 80024'06" WEST, 89.21 FEET; SOUTH 89029'48" WEST, 38.89 FEET; NORTH 60057147" WEST, 42.04 FEET; NORTH 41024103" WEST, 73.54 FEET; NORTH 56055108" WEST, 60.01 FEET; NORTH 65045131" WEST, 52.06 FEET; NORTH 81057137" WEST, 52.88 FEET; NORTH 89°07136" WEST, 62.01 FEET; NORTH 86021140" WEST, 69.25 FEET; NORTH 86043143" WEST, 56.26 FEET; NORTH 78010138" WEST, 40.65 FEET; NORTH 54051'52" WEST, 68.81 FEET; NORTH 46045'26" WEST, 75.55 FEET; NORTH 35052'55" WEST, 62.38 FEET; NORTH 46017'27" WEST, 83.58 FEET; NORTH 51046'41" WEST, 64.01 FEET; NORTH 55055'52" WEST, 64.00 FEET; NORTH 61016'51" WEST, 60.49 FEET; NORTH 63011'08" WEST, 68.02 FEET; NORTH 60009104" WEST, 64.11 FEET; NORTH 59029'13" WEST, 33.61 FEET; NORTH 44003'25" WEST, 45.80 FEET; NORTH 43039'48" WEST, 64.06 FEET; NORTH 35°50'56" WEST, 39.41 FEET; NORTH 34055'24" WEST, 326.74 FEET; NORTH 00000'00" EAST, 75.93 FEET TO THE NORTHERLY LINE OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE CC 92-01; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89012'47" EAST, 546.98 FEET; THENCE, CONTINUING ALONG SAID LINE, SOUTH 89021-32" EAST, 2001.00 FEET TO THE POINT OF BEGINNING. V:\PROJECTS\2042341410\surmap\LEGALSIBRIGHTWATER PROJECT AREA+OOD.doe 2 "Exhibit A" TOGETHER WITH THAT PORTION OF SAID PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. CC 92-01, AS DESCRIBED IN SAID "IRREVOCABLE OFFER OF DEDICATION IN FEE FOR OPEN SPACE, HABITAT ENHANCEMENT AND PUBLIC ACCESS PURPOSES" RECORDED DECEMBER 05, 2005 AS INSTRUMENT NO. 2005000970073, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER. CONTAINING AN AREA OF 105-.247 ACRES, MORE OR LESS. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. NO PREPARED BY: sc SLR STANTEC CONSULTING INC ?oil ���j►�l� UNDER THE DIRECTION OF: NO.7408 * LORYNE A. HAMBER, P.L.S. 7408 JUNE 01, 2006 J.N. 2042 341410 V:\PROJECTS\2042341410\surmap\LEGALS\BRIGHIWATER PROJECT AREA+OOD.doc 3 EXHIBIT siN 9 IN THE UW400WOUTM TMUORT OF Ttie GOUNTT OF ORANGE. STATE OF CALIFORNIA —1 /— SCALE: 1" = 400' WLY LINE O.R. 49GO/87 ODELL PROPERTY 49GO/87 O.R. SHEET 1 OF 1 5;im— vew M.Acr SANDRA LEE STREET SMS STREET 0 0 (P LYNN STREET .OJ3. STREET ATTACHMENT #3 rr•t:- R 6EIVED Council/Agency Meeting Held: L,d Deferred/Continued to:T App ved ❑ Con itio Ily Approved rp Denied gL_E.R OF City Clerk's Signature Council Meeting Date: 12/12/2005 Department ID Number: AD 05-19 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE EMMAYOR AND CITY C UNCIL MEMBERS SUBMITTED BY: PEN LOPE Ct1LBRETH-G FT, , CITY ADMINIS PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINISTRATOR SUBJECT: Approve Pre -Annexation Agreement with Signal Landmark (Hearthside Homes), Adopt Resolution Declaring Water Exists for Pre - Annexation Water Service and Adopt a Resolution Approving the Application to Local Agency Formation Commission (LAFCO) for an Out of Service Area Agreement Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The proposed Pre -Annexation Agreement identifies the phasing of annexation of 349 single-family residential units and approximately 105.3 acres of land currently within unincorporated Orange County. The Pre -Annexation Agreement resolution declaring the availability of water for services prior to annexation and the resolution approving the application with LAFCO for an Out of Service Area Agreement will set the framework for annexation of the area into the City of Huntington Beach. Funding Source: The cost of the application for the Out of Service Area Agreement ($4,600) with LAFCO is scheduled for reimbursement through Pre -Annexation Agreement Section 3.6.1. Recommended Action: Motion to: 1. Approve and authorize execution by the Mayor and City Clerk the Pre -Annexation Agreement between Signal Landmark and the City of Huntington Beach to be executed upon sale of the "lower bench" to the State of California; G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc 12/7/2005 4:19 PM REQUEST FOR ACTION MEETING DATE: 12/12/2005 DEPARTMENT ID NUMBER:AD 05-19 2. Adopt Resolution No.1,005� 1�A Resolution of the City Council of the City of Huntington Beach Declaring Water Exists for Pre -Annexation Water Service; and 3. Adopt Resolution No.AdtS -11 A Resolution of the City Council of the City of Huntington Beach approving the application to LAFCO for an Out of Service Area Agreement. Alternative Action(s): Deny the Pre -Annexation Agreement and the resolutions and direct staff accordingly. Analysis: The Signal Land ma rk/H ea rthside Homes Brightwater project proposes 349 single-family residential units on a 67.9-acre area of the Bolsa Chica Mesa in unincorporated Orange County directly adjacent to the City of Huntington Beach. In addition to the homes, 34.2 acres of land will be restored as a coastal sage scrub and native grassland area and a 3.2-acre site will be a protected southern tarplant Environmentally Sensitive Habitat Area (ESHA). The total project area is approximately 105 acres. The project is subject to the conditions outlined by the California Coastal Commission and the County of Orange. The Coastal Commission has identified twenty-seven special conditions (Attachment 1) that are required to be met prior to the issuance of a Coastal Development Permit (CDP). The developer has entered into an agreement with the State of California to sell an area commonly referred to as the "lower bench" for $65 million. In order for that sale to be consummated the developer has to obtain a CDP through the addressing of the twenty-seven special conditions. Signal Landmark has indicated to staff that they have targeted December 7, 2005 as the date of the issuance of the CDP from the Coastal Commission. Upon issuance of the CDP, Signal Landmark will provide the necessary documentation to the Wildlife Conservation Board to complete the purchase of the lower bench to the State of California. Signal Landmark is targeting the closure of the sale prior to the scheduled escrow expiration of December 31, 2005. In that the development is within unincorporated County of Orange area, the County has conditioned the development as well. The County's conditions of approval are also included as an attachment to this document (Attachment 2). On September 19, 2005, city staff and consultants from Rosenow Spevacek Group Inc. presented to the City Council a preliminary fiscal analysis of the Bolsa Chica Annexation (Attachment 3). As a result of the positive economic impact of the project, the City Council directed staff to proceed with a process to annex the Signal Landmark, Brightwater Development project within the Bolsa Chica area of unincorporated Orange County directly contiguous to the City of Huntington Beach. City staff has been in discussions with the developer, Signal Land mark/H earthside Homes, representatives of LAFCO and staff from the County of Orange since that time. As a result of these discussions, a Pre -Annexation Agreement (Attachment 4) has been completed that outlines the terms of the annexation between the City and Signal Landmark. This agreement calls for the city to provide water and sewer services prior to annexation and then as the project is annexed in phases, water and sewer services will be provided to the residents.. G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc -2- 12/7/2005 4:58 PM REQUEST FOR ACTION MEETING DATE: 12/12/2005 DEPARTMENT ID NUMBER:AD 05-19 The agreement further indemnifies the City against legal actions that could be initiated by any third party including any claims by Golden State Water Company, the successor in interest to Southern California Water Company, relating to the provision of water to the property. As of the date of preparation of this RCA, Golden State Water Company has not released any rights under their PUC permit or franchise agreement with the City to construct the pipeline and provide water to the project. Absent a release by Golden State Water Company, it retains the right under state law and under the Franchise Agreement with the City to build the pipeline and provide service to the development. In exchange for these services, Signal Landmark will pay to the city an annexation fee in the amount of $ 4,216,150 payable in a lump sum payment of $2,000,000 at the time of the issuance of the first residential building permit for the project and $6,350 per unit at the time of annexation. In addition to the annexation fee, fees for water and sewer connection are included in the agreement. The sewer connection fee is $1,749 per unit and the water connection fee is $4,800 per unit. The sum of these two fees, payable upon application for connection per unit, is $2,285,601. The sum total of the annexation fee and the water and sewer connection fees is $6,501,751. The annexation fee proposed is in lieu of all other development impact fees including any park fees. The Pre -Annexation Agreement calls for the developer to obtain all permits from the County of Orange from grading to building. All inspections will be completed by County of Orange personnel except for two selected areas, water and sewer. The City of Huntington Beach will issue permits for water and sewer construction that will be completed within City easements in the private streets. It will be necessary for the City to enter into a Cooperative Processing Agreement with the County of Orange to delineate responsibilities for the annexation of the properties into the City of Huntington Beach. It is anticipated that the recording of annexed properties will take place between the start of construction and the issuance of an occupancy permit. This will allow the developer to obtain vesting and allow the City to annex the property prior to a change in ownership. The Cooperative Processing Agreement with the County will facilitate that action. In order to serve water outside the City limits prior to annexation it is necessary for the City Council to adopt a resolution (Attachment 5) declaring a surplus of water exists for pre - annexation water service. The City has completed a calculation of the amount of water needed for construction purposes for the finite period between construction commencement and property annexation. It is anticipated that the development will use 1.1 million cubic feet of water over the 760 working day construction period. This equates to an average of 10,900 gallons per day. This added demand for water during the construction period equates to 0.0003% of our daily demand. Also required, in order to provide water and sewer services outside of the City during construction, is an Out of Service Area Agreement with LAFCO. The attached resolution (Attachment 6) approves the application (Attachment 7) to Orange County LAFCO for an Out G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc -3- 12/7/2005 4:58 PM REQUEST FOR ACTION MEETING DATE: 12/12/2005 DEPARTMENT ID NUMBER:AD 05-19 of Service Area Agreement to provide pre -annexation services, specifically water and sewer, to the development. Future Actions Should the City Council approve the recommended action a number of additional steps will be required prior to the annexation. It will be necessary for the City to enter into an agreement with the County of Orange to redistribute property tax revenue based on the master tax sharing agreement. Both the Board of Supervisors and the City Council can accomplish this via resolution adoption. The cooperative processing agreement referred to above will need to be approved and an agreement with the Orange County Fire Authority will need to be executed. Additional steps required include a Zoning Text Amendment, a Zoning Map Amendment, an Environmental Assessment and finally annexation. Each of these steps/actions will be required prior to annexation. After the City approves these items, LAFCO will take action on the annexation application that has been filed by the developer. After annexation the City will be required to amend the General Plan and amend the Local Coastal Program. All of these actions are to be paid via the Pre -Annexation Agreement by the developer in an amount not to exceed $120,000. Environmental Status: The subject agreement is exempt pursuant to Section 15061 (b)(3) of the California Environmental Quality Act. Environmental Impact Reports have been certified for the proposed development and for provision of water to the subject site. The latter environmental document, certified by the Public Utilities Commission, includes an alternative that analyzes the provision of water by the City of Huntington Beach. Attachment(s): I Special Conditions Outlined by the Coastal Commission County of Orange Conditions of Approval Preliminary Fiscal Analysis of the Bolsa Chica Annexation Pre -Annexation Agreement between Signal Landmark and the City of Huntington Beach Resolution No.a0!5� -'V A Resolution of the City Council of the City of Huntington Beach Declaring Water Exists for Pre - Annexation Water Service Resolution NoJOPS 7 A Resolution of the City Council of the City of Huntington Beach approving the application to LAFCO for the Out of Service Area Agreement Orange County LAFCO Out of Service Area Agreement G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc -4 12/7/2005 4:58 PM RCA ROUTING SHEET INITIATING DEPARTMENT: I Administration SUBJECT: Adopt Resolution for the Property Tax Exchange between the City of Huntington Beach and the County of Orange for the Signal Landmark Property Annexation and Aaarove the Out of Service Area Aareement I COUNCIL MEETING DATE: I June 5, 2006 1 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached t Applicable ❑ Staff Report (If applicable) Attached ea ❑ NoA Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial ) City Administrator Initial Cit Clerk ) RCA Author: Emery CITY OF • B 1 r C TO: Honorable Mayor and Members of the City Council ry VIA: Penelope Culbreth-Graft, DPA, City Administrato FROM: Paul Emery, Deputy City Administrator' DATE: June 2, 2006 SUBJECT: Late Communication - Item E-12 Adopt Resolution for the Property Tax Exchange between the City of Huntington Beach and the County of Orange for the Signal Landmark Property Annexation and Approve the Out of Service Area Agreement Attachment No. 2 to Item E-12, the Out of Service Area Agreement, identifies a Legal Description referred to as Exhibit "A". The exhibit was inadvertently not included in the agenda package. The legal description is attached to this late communication for inclusion on this item. Staff is available to answer any additional questions regarding this item.