HomeMy WebLinkAbout7725 - Back Bay Land ExchangeRESOLUTION NO. 7725
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH SUPPORTING THE POSITION OF
THE APPELLANT AND INTERVENORS IN THE CASE OF
COUNTY OF ORANGE, ET AL., vs. V. A. HEIM,
INVOLVING THE BACK BAY LAND EXCHANGE
WHEREAS, on December 6, 1968, the County of Orange and
The Irvine Company filed a lawsuit in Superior Court against the
County Auditor for the purpose of testing the validity of a proposed
agreement and statute to effect and permit the exchange of certain
property involving tidelands located in Upper Newport Bay and held
by the County of Orange in trust for the public under a State grant;
and
WHEREAS, following the intervention in the lawsuit by
certain citizen taxpayers and a subsequent ruling that the disputed
agreement was valid and constitutional, the County Auditor and the
intervenors appealed the decision to the District Court of Appeal of
the State of California; and
WHEREAS, the citizens of the City of Newport Beach have
expressed concern over the loss of the natural values of Upper
Newport Bay, which natural values would virtually be eliminated if
the land exchange is completed; and
WHEREAS, although an environmentally healthy Newport Bay
is crucial to the well -being of the City of Newport Beach, the
environmental impact of this trade on the entire Newport Bay has
never been determined; and
WHEREAS, City Council Policy H -2 was amended on
February 14, 1972, to reemphasize the determination of the City
Council, through cooperation with the private land owners, the County
of Orange and the State of California, to preserve and create the
best possible total environment in the City of Newport Beach; and
WHEREAS, by Resolution 7645 dated March 13, 1972, the City
Council joined with the County of Orange in requesting the Department
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of the Interior to investigate the possibility of preserving Upper
Newport Bay as a wildlife sanctuary and urging appropriate Federal
and State agencies to make necessary studies; and
WHEREAS, it is apparent that the land exchange agreement
between the County of Orange and The Irvine Company, which is the
subject of the appellate court litigation, would not be in the
best interests of the citizens of Newport Beach, nor would the land
exchange be in keeping with the Council's policy relative to the
future of the Upper Newport Bay;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach supports the position of the appellant
and the intervenors in their appeal before the California District
Court of Appeal,
BE IT FURTHER RESOLVED that the City of.Newport Beach
offers to cooperate with the County of Orange and all other appro-
priate agencies, private land owners, and institutions in order to
arrive at the best possible plan for the preservation and enhance-
ment of Upper Newport Bay.
ADOPTED this 12th day of June, 1972.
ATTEST:
City Clerk
S&PRED AS3Q�AL
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CITY CLERK OF THE CITY OF PORT BEACH
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6/13/72