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HomeMy WebLinkAbout2005-23 - Buck Gully & Newport Coast County-held Lands & EasementsRESOLUTION NO. 2005 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO COUNTY -HELD LANDS AND EASEMENTS IN BUCK GULLY AND THE NEWPORT COAST WHEREAS, the City of Newport Beach and the County of Orange have worked cooperatively to administer activities and lands in the city's formerly- unincorporated southeastern region, including the Newport Coast; and WHEREAS, the Newport Coast and Buck Gully include scenic easements and properties owned and managed by the County of Orange are included in the county's network of wilderness lands and open space; and WHEREAS, Buck Gully and the resource preservation easement (OS 55E 109) are enrolled within the Natural Communities Conservation Program (NCCP) of the Nature Reserve of Orange County (NROC); and WHEREAS, the City annexed land in the Newport Coast effective January 1, 2002, while the County retained ownership of many properties, including land in Buck Gully and five view parks (three along Newport Coast Drive and two along San Joaquin Hills Road); and WHEREAS, Buck Gully, an open space area with maintenance needs commensurate with wilderness lands, is an area that the City seeks to maintain in order consistent with the NCCP and NROC to protect the region's water quality and limit potential damage from erosion and wildland fires; and WHEREAS, the Coastal Greenbelt Authority (CGA) is a cooperative entity that assists in the management and administration of these open space lands; and WHEREAS, fee ownership of land within the CGA's boundaries is necessary for a CGA member to have voting authority at the CGA; and WHEREAS, both the County and the City are desirous of transferring certain scenic easements, a resource preservation easement, and fee ownership of lands (as shown in Exhibit A to this Resolution) from the County to the City to allow the City to manage these easements and lands and to cause the City to become a voting member of the CGA; and WHEREAS, the City believes that such transference of easements and lands shall include the maintenance responsibility for these same easements and lands and shall include any revenues now held by the County but associated with the lands or easements, including fuel modification or brush clearance annuities and revenue from wireless telecommunications facilities; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby authorizes the acceptance of certain scenic easements, a resource preservation easement, and fee ownership of lands in Buck Gully and the Newport Coast (as shown on Exhibit A to this Resolution) and be it further RESOLVED that it hereby authorizes City staff to work with the County to transfer these easements and lands in an expeditious manner; and be it further RESOLVED that it hereby authorizes the City's participation as a voting member in the Coastal Greenbelt Authority (CGA) and the Nature Reserve of Orange County (NROC); and be it further RESOLVED that it hereby directs City staff to negotiate in good faith with the County to achieve the transfer of currently- dedicated maintenance funds (including fuel modification zone or brush clearance funds) and lease agreements and lease revenue from wireless telecommunications facilities to the City. ADOPTED this 26"' day of April, 2005. ATTEST: LAVONNE HARKLESS City Clerk STEVE BROMBERG Mayor of Newport Be Exhibit -- Map of Affected Properties Y \. (r OSGE. �AF •• - - —. \ ♦ B Per 10101 1 16 ♦ __ _ _ 0 1 0W 20W ♦ ♦ .. ••••• Feat Ol .. Property to :be �� . City of o �` ,, r -Y Conveyed to the City of Newport Beach � r Fza oarA Parcz. QScmic Prezeratiev Easement ' � ReaDUrcaPreurvevon Eaumenr FR 6LtF � °jq s o. B City of - o; v:B .. Newport Beach Taa10]'.01 OSHB, - [TRAF �t1J LO 0 Of d1B .I 661AF -43 Ili Y \. (r OSGE. �AF •• - - —. \ ♦ B Per 10101 1 16 ♦ __ _ _ 0 1 0W 20W ♦ ♦ .. ••••• Feat STATE OF CALIFORNIA COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2005 -23 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of April 2005, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Webb, Ridgeway: Daigle, Nichols, Mayor Bromberg Noes: None Absent: None Abstain: None IN WITNESS WHEREOF; I have hereunto subscribed my name and affixed the official seal of said City this 271th day of April 2005. (Seal) City Clerk Newport Beach, California