HomeMy WebLinkAbout10022 - Tidelands Oil Pumping & Storage FacilitiesRESOLUTION NO. 10022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A JOINT POWERS AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND THE
STATE LANDS COMMISSION FOR THE ACQUISITION AND
CONSTRUCTION OF TIDELANDS OIL PUMPING AND
STORAGE FACILITIES
WHEREAS, the City holds in trust for the benefit of the
people of the State of California certain real property
consisting of, and mineral rights within, tidelands and submerged
lands, whether filled or unfilled bordering upon and under the
Pacific Ocean and Newport Bay in the County of Orange, which were
within the corporate limits of the City of Newport Beach on July
25, 1919; and
WHEREAS, oil, gas and other hydrocarbon substances have
been produced from the area held in trust by the City in the west
Newport area for many years; and
WHEREAS, said oil, gas and other hydrocarbon substances
production commenced under an operating agreement entered into
between the City of Newport Beach and D. W. Elliott on November
1, 1943, which agreement was amended on January 31, 1955, and
again on October 30, 1968; and
WHEREAS, said operating agreement provided that on
January 25, 1981, the operator was to assign to the City certain
real property interests, above surface equipment interests, and
It sub- surface equipment interests; and
WHEREAS, the operator failed, refused and continues to
refuse to make such assignments and transfers; and
1
WHEREAS, the City of Newport Beach and the State of
California, by and through the State Lands Commission, has a
• strong interest in ensuring that oil, gas and other hydrocarbon
substances be produced from the tidelands trust area so as to
reduce this Nation's dependence upon imported oil products; and
WHEREAS, the City and the State Lands Commission desire
to permit the City to produce, from the tidelands trust area,
oil, gas and other hydrocarbon substances, the revenues from
which will be utilized to operate, maintain and improve harbors
and beaches within the City for the benefit of the residents of
the City of Newport Beach and the people of the State of
California; and
WHEREAS, it is in the best interests of the City and
the State of California to acquire certain rights in real and
personal property in the west Newport area from the operator of
the west Newport oil fields, which rights and property are
necessary for the development and production of oil, gas and
other hydrocarbon substances from the tidelands trust areas which
are held in trust by the City; and
WHEREAS, it is appropriate and in the best interest of
the City of Newport Beach to enter into a Joint Powers Agreement
with the State Lands Commission for the acquisition and
construction of tidelands oil pumping and storage facilities to
facilitate the acquisition of said facilities and rights pursuant
to said Agreement; and
WHEREAS, the City Council of the City of Newport Beach
has reviewed the terms and conditions of said Joint Powers
Agreement and finds them to be fair, just and equitable
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Joint Powers Agreement for
acquisition and construction of tidelands oil pumping and storage
facilities beween the City of Newport Beach and State Lands
Commission be and is hereby approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized to execute said Agreement on behalf of the
City of Newport Beach..,
ATTEST:
City Clerk
ADOPTED this 13th day of April , 1981.
3
041381
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• JOILIT POWERS AGREEMENT
FOR ACQUISITION AND CONSTRUCTION OF
TIDELANDS OIL PUMPING AND
STORAGE FACILITIES
. THIS AGREEMENT, made and entered into this day of
1981, by and between the CITY OF NEWPORT BEACH, a
• chartered municipal corporation (hereinafter referred to as
the "City "), and the STATE LANDS COMMISSION, an agency of
the State of California duly organized and existing pursuant
to Public Resources Code section 6100, et seq. (hereinafter
referred to as the "Commission "), both of whom understand
and agree as follows:
WHEREAS, pursuant to Chapter 74 of the Statutes of
1978, the City holds in trust for the benefit of the People
of the State of California all of` that real property con-
sisting of, and mineral rights within, that portion of tide-
lands and submerged lands, whether filled or unfilled, bor-
dering upon and under the Pacific Ocean or Newport Bay in
the County of Orange, which were within the corporate limits
of the City of Newport Beach, a municipal corporation, on
July 25, 1919 (hereinafter referred to as the "public trust
area "); and
WHEREAS, under the aforementioned public trust grant,
the Commission, on behalf of the People of the State of
California, holds both a reversionary ownership interest in
the public trust area and the minerals therein, and a pre -
t /
•
•
•
sent proprietary interest in the proceeds derived from the
public trust area; and
WHEREAS, the. State of California, by and through the
Commission, has a strong interest in ensuring that oil, gas
and other hydrocarbon substances be produced from the public
trust area so as to reduce this Nation's dependence upon
imported oil products; and
WHEREAS, the City and Commission desire to permit the
City to produce from the public trust area oil, gas and
other hydrocarbon substances, the revenues from which will
be utilized to operate, maintain and improve harbors and
beaches within the City for the benefit of the residents of
the City and the People of the State of California; and
WHEREAS, the Commission is authorized pursuant to Sec-
tion 6808 of the Public Resources Code to acquire in the
name of the State any right of way or easement, including
surface rights, that may be necessary for the development
and production of oil and gas from lands to which the State
of California has an ownership interest, if the Commission
deems such action to be in the best interests of the State
of California; and
WHEREAS, the City and Commission agree that it is in
the best interests of the City and the State of California
to acquire the rights in the property described in Exhibit
"A" attached hereto and by this reference incorporated
herein, which rights and property are necessary for the
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• development and production of oil and gas from the public
trust area which is held in trust by the City and in which
the State of California has a reversionary property inter-
0 est and a present proprietary interest; and
WHEREAS, this Agreement is authorized by Title I, Divi-
• Sion 7, Chapter 5 of the Government Code, which authorizes
the joint exercise by agreement of two public agencies of
any powers common to them, and by Section 1240.140 of the
Code of Civil Procedure, which authorizes two or more public
agencies to enter into an agreement for the joint exercise
by their respective powers of eminent domain.
NOW, THEREFORE, the City and Commission, for and in
consideration of the mutual promises and agreements here-
inafter stated, and the performance thereof, and for other
valuable.and adequate compensation., do hereby agree for and
on behalf of themselves and their successors in interest as
follows:
1. This Agreement is for the purpose of authorizing
performance by the City of all of the functions of the City
and Commission, except those services which are now or may
hereafter be made the subject of separate and special agree-
ments between the parties hereto. The purposes of this
Agreement shall be accomplished in the manner hereinafter
set forth.
2. The City is designated as the Joint Powers Agency
under this Joint Powers Agreement, and as such, is desig-
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9
• nated as the party to administer this Agreement by and
through its officers, employees, departments and designees
._for the production of oil, gas and other hydrocarbon sub-
stances from wells slant - drilled into the public trust area.
The real property to be acquired is situated in the County
of Orange, State of California, and is more particularly de-
scribed in Exhibit "A" attached hereto and by this reference
made a part hereof as though set forth at length. A plat
showing the boundaries of the real property to be acquired
is attached hereto as Exhibit "B."
3. In order to acquire and operate the hereinabove
described surface facilities for the drilling for, produc-
tion, storage and transportation of oil, gas and other hy-
drocarbon substances from the public trust area, the City,
as the Joint Powers Agency, shall exercise all necessary
powers of City and Commission to accomplish such acquisi-
tion, construction and operation. In this regard, Commis-
sion specifically agrees that the City is authorized to con-
duct all legal proceedings to acquire interests in real and
personal property necessary for the surface drilling, pro-
duction, storage and transportation of oil, gas and other
hydrocarbon substances from the public trust area, includ-
ing, but not limited to, the designation of the City Attor-
•ney or other legal counsel to conduct necessary,eminent
Ll
for the
purpose of acquiring
and
constructing surface oil
•
drilling,
production, storage
and
transportation facilities
._for the production of oil, gas and other hydrocarbon sub-
stances from wells slant - drilled into the public trust area.
The real property to be acquired is situated in the County
of Orange, State of California, and is more particularly de-
scribed in Exhibit "A" attached hereto and by this reference
made a part hereof as though set forth at length. A plat
showing the boundaries of the real property to be acquired
is attached hereto as Exhibit "B."
3. In order to acquire and operate the hereinabove
described surface facilities for the drilling for, produc-
tion, storage and transportation of oil, gas and other hy-
drocarbon substances from the public trust area, the City,
as the Joint Powers Agency, shall exercise all necessary
powers of City and Commission to accomplish such acquisi-
tion, construction and operation. In this regard, Commis-
sion specifically agrees that the City is authorized to con-
duct all legal proceedings to acquire interests in real and
personal property necessary for the surface drilling, pro-
duction, storage and transportation of oil, gas and other
hydrocarbon substances from the public trust area, includ-
ing, but not limited to, the designation of the City Attor-
•ney or other legal counsel to conduct necessary,eminent
Ll
• domain proceedings in the name.of the City or Commission, as
appropriate. The Commission further agrees that it will do
all things necessary to facilitate the conducting of said
• proceedings, including, but not limited to, the expeditious
consideration of approval of resolutions of necessity, and
• the endorsement of all necessary legal documents as reques-
ted by the above - designated legal representative in this
matter.
4. In order that the Commission may at all times be
fully apprised of the actions of the City as the Joint
Powers Agency under this Agreement, a copy of each pleading
filed, served or received by the City pertaining to the
acquisition which is the subject of this Agreement shall be
transmitted to and received by the legal counsel for the
Commission within forty -eight (48) hours of filing, service
or receipt by the City. If, due to time constraints outside
of the control of the City, the City is unable to transmit
such pleadings to the legal counsel of the Commission within
the above - described time period, legal counsel for the City
shall communicate with the legal counsel for the Commission
by telephone and inform the Commission's legal counsel of
the contents of such pleadings. The legal counsel to Com-
mission further shall be permitted to be present at all
hearings and discovery proceedings which may occur as a re-
sult of legal proceedings brought pursuant to this Agreement.
5. The City shall act as the lead agency for the pre-
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• paration and processing of any and all environmental docu-
ments that may be required in connection with the admini-
stration of this Agreement.
6. The City shall bear the entire cost of administer -
ing this Agreement, including, but not limited to, all costs
• relating to the acquisition, construction and operation of
the surface facilities for the drilling for, production,
storage and transportation of oil, gas and other hydrocarbon
substances from the trust area as hereinabove set forth, and
also including, but not limited to, the costs of conducting
eminent domain proceedings hereunder.
7. The City's Treasurer shall serve as Treasurer for
the purpose of administering this Agreement, and shall be
bonded as required by law, and all receipts and disburse-
ments pursuant to the administration of this Agreement shall
be strictly accounted for by City in accordance with appli-
cable laws. Any and all surplus funds at the termination of
this Agreement shall remain with the City. All funds held
pursuant to this Agreement shall be in the control of and
accounted for by the City.
8. Both parties agree that they and their officers,
employees and agents shall cooperate in carrying out this
Agreement.
9. The Commission shall assume no
liability for
any
costs incurred in the administration of
this Agreement
by
•
the City, nor shall the Commission assume
any liability
for
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• the negligence of any officer or employee of the City, and
the City shall hold the Commission and its officers and
employees harmless from and shall defend the Commission and
its officers and employees against any claim for damages
resulting therefrom. The City shall. protect and hold the
• Commission, its officers and employees, harmless from all
claims, damages and costs, and assume the defense of all
actions for any damages or injuries alleged to have arisen
out of the acts of the City, its officers or employees,
undertaken pursuant to this Agreement.
10. Upon completion of the acquisition of the surface
facilities for the drilling for„ production, storage and
transportation of oil, gas and other hydrocarbon substances
from the public trust area hereunder, all interests in real
and personal property acquired hereunder shall remain in the
name of the Joint Powers Agency, provided, however, that
within one hundred twenty (120) days of title to such prop-
erty and property interests vesting in the Joint Powers
Agency, the Joint Powers Agency shall convey title to the
City as the Joint Powers Agency then may have to such real
and personal property or property interests.
11. Unless extended by agreement of the parties, and
except_ for Paragraph 10 hereof, this Agreement shall termi-
nate and be of no further force and effect when the acquisi-
tion and construction of the herein described surface facil-
ities for the drilling for, production, storage and trans-
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portation of trust area oil, gas and other hydrocarbon sub-
stances is completed and all other terms hereof complied
with._. Paragraph 10 shall remain in full force and effect
until the property and property interests described in Exhi-
bit "A" hereto are conveyed to the City, unless terminated
by mutual agreement of the parties.
IN WITNESS WHEREOF, the parties to this Agreement have
caused their
names to be affixed
hereto by the proper
offi-
cers thereof.
This Agreement is
signed and executed
this
day of ^, 1981.
THE CITY OF NEWPORT BEACH THE STATE LANDS COMMISSION
a chartered municipal OF THE STATE OF CALIFORNIA
corporation
By By — —
Mayor
ATTEST: ATTEST:
��y SIGNED AND CERTIFIED THAT A
1 COPY OF THIS DOCUMENT HAS BEEN
B a � (, DELIVERED TO THE CHAIRMAN OF
City Clerk THE STATE LANDS COMMISSION
APPROVED AS TO FORM:
ty Attorney
M
Secretary to the State La
Commission
APPROVED AS TO FORM:
Counsel to the State Lands
Commission
-a-
a• ROBERT BEIN, WILLIAM FROST
1401 Quail Street
Newport Beach, California
& ASSOCIATES
92663
March 31, 1981
JN 20552
Page 1 of 3
DESCRIPTION
• Oxbow Oil Production Condemnation
All those certain lands situated partly in the City of Newport Beach and
partly in the unincorporated territory of the County of Orange, State of
California, more particularly described as follows:
PARCEL "A -1 ":
Beginning at the northerly terminus of that certain course in the
existing Newport Beach City Boundary shown as "South 4 031'33" East
439. 65 feet" on a map filed in Book 65, Pages 31 through 36 of Records
of Surveys in the Office of the County Recorder of said County; thence
South 77 °00'03" West 81.09 feet to the centerline of the Santa Ana River
as per Superior Court Case No. 22797 as shown on said map filed in
Book 65, Pages 31 through 36 of Records of Surveys; thence along said
centerline South 1 038'10 West 511.88 feet and South 10 °47151" East
116.83 feet to a point on a non - tangent curve in the northerly line of West
Coast Highway concave northerly and having a radius of 9 50. 00 feet, a
radialline from said point bears North 19 021'27" East; thence easterly
along said curve and northerly line 205.31 feet through a central angle
of 12022'57" to the boundary line of the land described in the parcel
entitled "EXHIBIT II TO SUBSURFACE EASEMENT" recorded in Book
2627, Page 86 of Official Records of said County; thence non - tangent from
said curve along said boundary line South 20 °11142" East 100.94 feet to
the northwesterly terminus of the course shown as "North 60° 26'28" West
576.24 feet" and entitled "North line of Mean High Tide, Rec. 9/19/28,
BK. 201 -253, O.R., Ora. Co. Sup. Court Case No. 23686" on a map
filed in Book 27, Page 47 of Records of Surveys in the Office of the
County Recorder of Orange County. California; thence along said afore-
mentioned course and boundary line South 60 °28'13" West 3 52. 53 feet;
thence leaving said course and boundary line North 12° 59' 57" West
441.33 feet; thence South 77 °00'03" West, 60.00 feet; thence
North 12 °59'57" West, 599.49 feet to a line which bears
North 77° 00' 03" East from the POINT OF BEGINNING; thence
South 77000103" West, 181.43 feet to the POINT OF BEGINNING.
CONTAIN NG 6.889 Acres, more or less
EXHIBIT "A"
Robert Bein, William Frost & Associates
Oxbow Oil Production Condemnation
March 31, 1981
JN 20552
Page 2 of 3
• PARCEL ''B -1 ":
Beginning at a point in that certain course in the existing Newport Beach
City Boundary shown as "South 68° 22145" East 756. 00 feet" on a map filed
in Book 65, Pages 31 through 36 of Records of Surveys in the Office of
• the County Recorder of said County distant thereon South 68 °22145" East
280.00 feet from the northwesterly terminus thereof; thence
South 21 °37115" West 61.43 feet to the centerline of the Santa Ana River
as per Superior Court Case No. 22797 as shown on said map filed in
• Book 65, Pages 31 through 36 of Records of Surveys; thence along said
centerline South 66 042'20 East 400.17 feet; thence leaving said center-
line North 21 °37115" East 323.11 feet; thence North 68 °22'45" West,
400.00 feet to a line which bears North 21 °37'15" East from the POINT
OF BEGINNING; thence South 21 °37115" 'West 250.00 feet to the POINT
OF BEGINNING.
CONTAINING 2.913 Acres, more or less
PARCEL "C -1 ":
A strip of land 30.00 feet in width, the centerline of which is described
as follows:
Beginning at a point in that certain course in the centerline of a 30.00
foot easement for sewer and road purposes per Superior Court Case No.
24769 shown as "North 76 °32'23" West, 1596.18 feet' on a mapfiledin Book
65, Pages 31 through 36 of Records of Surveys in the Office of the County
Recorder of said County distant thereon South 76 °32'23" East 148.00 feet
from the northwesterly terminus thereof; thence along said centerline as
shown on said record of survey map through the following courses:
South 76 °32'23" East 1448.18 feet; thence South 32 °55145" East
521.40 feet; thence South 27 °15115" East 595.00 feet; thence
South 14 °36145" East 264.00 feet; thence South 5 °33145" West
217. 00 feet; thence South 12° 59157" East 585. 03 feet to the northwesterly
line of the hereinabove described Parcel "A -1 ".
CONTAINING 2. 500 Acres, more or less
PARCEL "D ":
A strip of land 30.00 feet in width, the centerline of which is described
as follows:
Beginning at a point in that certain course in the centerline of a 30.00
foot easement for sewer and road purposes per Superior Court Case No.
24769 shown as "North 76 °32123" West 1596.18 feet" on a map filed in
•Book 65, Pages 31 through 36 of Records of Surveys in the Office of the
County Recorder of said County distant thereon South 76 032123" East
•
Robert Bein, William Frost & Associates
Oxbow Oil Production Condemnation
March 31, 1981
JN 20552
Page 3 of 3
168.16 feet from the northwesterly terminus thereof: thence
South 3 °18'27" East 303.61 feet to a tangent curve concave westerly and
having a radius of 515.00 feet; thence southerly along said curve
202.03 feet through a central angle of 22 °28'37 "; thence tangent from said
curve South 19 °10110" West 445.35 feet to the northeasterly line of the
V hereinabove described Parcel "B ".
The sidelines of said strip of land shall be lengthened or shortened so
. as to terminate northerly in the southwesterly line of said 30. 00 foot ease-
ment for sewer and road purposes and southerly in said northeasterly line
of the hereinabove described Parcel "B ".
CONTAINING 0. 644 Acres, more or less
PARCEL "E"
A strip of land 30. 00 feet in width, the centerline of which is described
as follows:
Beginning at the southeasterly terminus of a course in the centerline of
a 30.00 foot easement for sewer and road purposes per Superior Court
Case No. 24769 shown as "North 76 °32'23" West 1596.18 feet" on a map
filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office
of the County Recorder of said Orange County; thence
North 280 40'56" West 481. 09 feet to a tangent curve concave easterly and
having a radius of 280.00 feet; thence northwesterly along said curve
173.49 feet through a central angle of 35 030100 ".
The sidelines of said strip of land shall be lengthened or shortened so
as to terminate southerly in the northeasterly line of said 30. 00 foot ease-
ment for sewer and road purposes.
CONTAINING 0.451 Acres, more or less
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of
Record.
EXHIBIT " B" attached and by this reference made a part hereof.
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City of Newport Beach
Local Coastal Program
Phase III - Implementation
Work Program
March 23, 1981
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 640 -2261
•
ATTACHMENT N0. I
r,
INTRODUCTION
The Land Use Plan portion of the Local Coastal Program establishes com-
munity policies and maps appropriate land uses within the Coastal Zone.
Several separate types of actions will be necessary to implement the •
adopted Land 11se Plan. These will include policies and ordinances, inter-
governmental coordination, and funding of projects and programs. In addi-
tion, administrative procedures for the issuance of coastal permits will
need to be established. These procedures will include application require-
ments, public hearing requirements, and appeal procedures.
This work program outlines the major tasks which need to be completed dur-
ing the implementation phase as well as a. listing of items for action in
the major task areas. These will be refined during the Phase III studies •
and in the subsequent public hearings.
IMPLEMENTATION PROGRAMS
Ongoing Programs and Policies. Many of the policies contained in the Land
Use Plan require continuation or commencement of ongoing programs and poli-
cies rather than a specific action. These include policies relating to
maintenance and operation of public facilities, leasing of public lands,
and preservation of important coastal resources.
Existing City policies and programs which implement the Land Use Plan will
be identified. Additional policies and programs will be formulated as
necessary and will involve the adoption or revision of the Newport Beach
Municipal Code or the Newport Beach City Council Policy Manual. Items in-
cluded in this section are:
1) To permit dinghy launching at all safe street ends and beaches.
2) To designate an area for a public launching facility for small
sailboats.
3) To restore electrical service at the Rhine Channel Sea Wall.
4) To establish City maintenance and operation of bay and ocean
beaches.
5) To establish City maintenance of streets and walkways.
6) To establish regulations regarding dredging, diking and
filling.
7) To preserve vista points access across public property.
8) To establish regulations regarding the lease of public
properties.
9) To establish a policy to work with Orange County Transit
District to provide efficient public transit in the City.
10) To establish a policy of City encouragement of the opening
of adjoining ocean and waterfront areas to distribute public
use.
11) To continue to cooperate with the Orange County Housing
�7_
54
Authority to assist qualified rentals in the City of Newport
Beach.
.12) To support the provision of a marina in West Newport.
13) To establish policies to protect archeological and paleon-
tological resources.
14) To protect and maintain support facilities for recreation
and education facilities.
• The budget requirements for this task fall into two categories: 1) costs
involved in research and formulation of ordinances and City Council poli-
cies, and 2) ongoing costs for implementation. The first category of costs
is estimated below. The second category represents annual costs to the
City which cannot be estimated at this time.
Man Days
City Consultant
a) Research and document action 5
of all existing programs and
policies.
b) Preparation of new policy 15
and ordinances as necessary.
c) Prepare detailed cost esti-
mates for full implementation. _
TOTAL 25 -
General Plan Amendments. Many of the policies, land use categories and land
use designations contained in the land use plan will require General Plan
Amendments. These may take the form of additional General Plan policy lan-
guage, additional or revised area descriptions in the text, and revisions
to the General Plan map. Items included in this section are:
1) Establish that development shall not interfere with prescriptive
rights.
2) To encourage maintenance of summer weekly rentals to provide
overnight accomodations.
3) To preserve and protect lower -cost visitor serving commercial
facilities.
4) To encourage development of affordable housing by providing
incentives..
5). To provide public visual access across private properties.
• 6) To regulate the location of structures on vacant sites.
3
7) To require provision of public access in new development.
8) To require implementation of the bikeway system.
9) To encourage .ride - sharing and carpooling to minimize
traffic demands.
10) To allow joint use of parking of commercial development by
coastal visitors.
11) To establish the Land Use Designation for Recreational and
Marine Commercial.
12) To establish.the Land Use Designation for Retail and Service
Commercial.
13) To establish the Land Use Designation for Recreational and
Environmental Open Space.
14). Additions or'revisions of Area Descriptions in the Land Use
Element. (approximately 38).
15) Revisions to Land Use Maps (approximately 30).
The budget requirements for this task include.
Man Days
City Consultant
a). Research and prepare all .10 -
General Plan revisions.
b) Research and .prepare all 5 -
necessary map ,revisions.
C) Public review and hearing. 6 -
TOTAL 21 -
Zoning. Perhaps the most comprehensive tool available to the City is the
police power to control land uses through zoning. The Land Use Plan of
the Local Coastal Program establishes several different land use designa-
tions. Some are similar to existing zoning designations, while others
have been specifically created for the Local Coastal program. Each desig-
nation will have to be carefully reviewed and compared to existing provi-
sions. Existing zoning districts will need to be altered or new districts
created in order to implement the Land Use Plan. .
Once the zoning districts have been prepared, some property within the
coastal zone will need to be rezoned in order to implement the land use
plan. This will involve public notice and public hearings. Many of the
policies contained in the land use plan which will be included in the
General P1an.Ameridments will.also have to be added to the Municipal Code
•
•
U
•or Zoning Ordinance to insure their implementation. This may be done by
adding or revising chapters in the Municipal Code or Zoning Ordinance to
set standard conditions or mitigation measures applied to projects in the
Coastal Zone.
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Existing City policies and ordinances will be researched, and new condi-
tions established as necessary.
Items included in this section are:
1) Development of. a Recrearional and Marine Commercial Zoning
District.
2) Development of any special zoning districts or chapters as
required.
3) Revisions to existing commercial zoning districts as required.
4) Revisions to existing open space districts as required.
5) Develop a core Planned Community Text to be applied to approxi-
mately seven P -C areas.
6) Process zone changes (approximately 32 areas).
7) Establish procedures to encourage development of affordable
housing by providing incentives.
8) Establish procedures to require public access in new develop-
ment.
9)
Establish procedures
to
require
implementation of the bike -
Research
way system.
5
new and revised.zoning
10)
Establish procedures
to
encourage
ride- sharing and carpooling
to minimize traffic
demands.
and preparation of —
5
11)
Establish procedures
to
promote
joint use of parking of com-
Research
mercial development
by
coastal
visitors.
The budget requirements of this task include:
Man Days
Consultant
5
S
City
a)
Research
and preparation of
5
new and revised.zoning
dis-
tricts.
b)
Research
and preparation of —
5
core P -:C
Text.
c)
Research
and preparation of
10
necessary
zone changes.
Man Days
Consultant
5
S
d) Research and preparation of
new ordinances.
e) Public review and hearings
TOTAL.
5 . 10 •
10 -
35 30
Oevelopment of Planning Oocuments. In order to implement many of the poli-
cies contained in the Land Use Plan, some type of planning study or docu-
ment will need to be developed by the City. Items included in this sectio�
are:
1) A location and development plan.f.or restroom facilites.
2) A location and development plan for .marine sanitation
facilities..
3) A location:and development plan for drinking facilities.
4) A location and development plan for bicycle racks.
5) A location and development plan for commercial fishing
facilities.
6) Provision of potable water at the Rhine Channel Sea Wall.
The budget requirements for this task fall into two categories: 1) costs
involved in research and formulation of plans, and 2) ongoing costs for
implementation. The first category of costs is estimated below. The
second category represents substantial plan implementation costs which
cannot be estimated at this time.
Intergovernmental Coordination. Intergovernmental coordination will be
6
Man Oays
City
Consultant
a)
Research and, data
collection.
5
6
b)
Formulation of
facilities plans.
10
21
c)
Identification
of funding alter-
3
5
natives.
d)
Oevelopment of
cost /benefit
5
5
criteria.
e)
Establishment
of priority and
5
5
phasing plan,
f.)
Public review
and comment.
10
5
TOTAL.
38,
47
Intergovernmental Coordination. Intergovernmental coordination will be
6
vitally important in implementing many of the policies of the Land Use Plan.
Local, State, and Federal agencies will all be involved. These include the
Cities of Newport Beach, Huntington. Beach, Costa Mesa, and Irvine; the County
of Orange; State Departments of Transportation, Fish and Game, and Water Re-
sources; and.Federal agencies including Fish and Wildlife and the Army Corps
of Engineers.
The City is currently working with all of these agencies and has a good
relationship with most of them. Methods of continuing and improving relations
with other agencies at both the staff and political levels will be explored
• in order to achieve mutual goals and establish programs of mutual benefit.
The funding requirements for this task include
Man Days
City Consultant
a)
Coordination of input from
3
2
various programs.
other tasks.
estimates
b)
Identification of specific
2
2
projects and programs involving
Man Days
other agencies.
c)
Meetings and commu.nication.
8
4
d)
Revisions to other tasks.
3
2
5
TOTAL
16
10
Funding. Many of the policies in the Land Use Plan call for the provision
of new or expanded public services and facilities. Methods of providing
funding for these will be explored. The funding sources or programs should
reflect the "statewide" significance of the coastal resources of Newport
Beach.
Funding sources to be explored include grants, appropriations, revenue -
sharing, user fees, and in -lieu fees.
The amount of time allocated to this task should be proportional to the
level of
funding
required to implement the
various programs.
The following
estimates
should
be considered as a minimum:
Man Days
City
Consultant
a)
Explore.sources
of funding.
2
5
b)
Determine
qualifications for
1
3
funding.
c)..
Prepare
all necessary applica =
10
5
tions or.budget
support infor=
oration.
TOTAL
13
13
ADMINISTRATIVE PROCEDURES
In addition to the implementation programs discussed above, the City is
required to establish administrative procedures for the issuance of
coastal permits. These procedures should include an application process,
review procedure, reivew criteria, public review and input process, public
hearing requirements, appeal criteria, and appeal procedure. The adminis-
trative procedures should be integrated into existing City procedures and
policies to the extent possible.
The budget requirements will be as follows:
Man Days
City Consultant
a) Research requirements of Coastal 2
Act and Coastal Commission for
local issuance of permits.
b) Research requirements of Coastal 2 -
Act and Coastal Commission for
appeal of local decisions.
c) Review all existing City proce 3 -
dures.
d) Prepare coastal permit manual 10 -
containing complete adminis-
trative procedure. _
TOTAL 17 -
C
u
FUTURE ACTIONS NECESSARY. There are some policies contained in the Land
Use Plan of the Local Coastal Program which require plan development which
cannot be accomplished within the time frame of completion of the Phase III
work and certification of the Newport Beach Local Coastal Program. These
items include:
1) Development of a Municipal Transit: Plan.
2) Development of publicity program for the transit plan.
3) Development of a pool parking management program.
4) Upper Newport Bay Sedimentation Plan.
5) Development of a management plan for Upper Newport Bay Ecological
Reserve. These plans will be extremely complex and involve the
participation of many jurisdictions and agencies. They will be
completed in an expeditious manner as.funding becomes available.
El
®BUDGET SUMMARY
Overall budget requirements for the implementation phase based on the
individual tasks outlined above would be:
Man Days
City Staff Consultant Staff
Programs and Policies 25 -
® General Plan Amendments 21 -
Zoning 35 30
Development of Plans 38 47
Intergovernmental, Coordination 16 10
Funding 13 13
Administrative Procedures 17 -
TOTAL 165 100
Assuming average rates of $35.00 per hour^ for consultant staff and $20.00
per hour for City staff, plus allowances for printing and miscellaneous
expenses, the total budget for the implementation phase would be $60,000.
SCHEDULE
Implementation of the Land Use Plan will be an ongoing process. However,
the policies, ordinances, amendments and programs can be accomplished with-
in a reasonable time frame. The specific: action items to be addressed in
Phase III have been summarized on the following charts. Implementation
scheduling has been divided into three time frames. These are (1) Items
on which immediate action is possible (1 -3 months); (2) Items for which a
lengthy procedure is necessary (4 -6 months); and(3) Items which will re-
quire future action. Action items included in this work program fall into
categories 1 and 2 above and involve three main stages: research, prepara-
tion, and public review and adoption.
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