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HomeMy WebLinkAbout7640 - Delete Route 1 of Freeway SystemRESOLUTION NO. 7640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING SENATOR CARPENTER AND/OR ASSEMBLYMAN BADHAM TO AUTHOR AND INTRODUCE APPROPRIATE LEGISLATION TO DELETE PROPOSED ROUTE 1 OF THE CALIFORNIA FREEWAY SYSTEM THROUGH THE CITY OF NEWPORT BEACH WHEREAS, the Pacific Coast Freeway route was adopted by the State Highway Commission in 1965 as a coastal regional freeway extending from Oxnard in Ventura County to San Juan Capistrano in Orange County; and WHEREAS, the deletion of major elements of the Pacific Coast Freeway from Long Beach, including the entire section of the proposed Pacific Coast Freeway from Torrance to the Ventura County line near Oxnard, together with the possible elimination of the freeway through Long Beach and Seal Beach, make it extremely questionable that this freeway will ever become the regional type of freeway which was envisioned when it was ap- proved by the State Highway Commission; and WHEREAS, on October 28, 1968, the Newport Beach City Council approved a freeway agreement with the State of California providing for ultimate construction of the freeway through the easterly city limits near Buck Gully in Corona del Mar and Bayside Drive, but has heretofore refused to enter into an agreement covering that portion of the adopted route of the Pacific Coast Freeway between the Santa Ana River and the Upper Bay crossing in Newport Beach; and WHEREAS, the action of the City Council in executing the freeway agreement was predicated on a different set of circumstances than prevail today; and WHEREAS, at a special election held on March 9, 1971 a ballot proposition mandating the City Council to rescind the freeway agreement on the portion of the route between Bayside -1- Drive and Buck Gully was overwhelmingly approved by the voters of the City; and WHEREAS, any future freeway agreements require by City Charter a vote of the people; and • WHEREAS, on May 24, 1971, the City Council adopted Resolution No, 7443, rescinding the freeway agreement between the City of Newport Beach and the State of California as it relates to that portion of the Route 1 (Pacific Coast) Freeway between the easterly Newport Beach city limit near Buck Gully and Bayside Drive on the west; and WHEREAS, in light of said special election there is no longer any reason for the State to retain and withhold the right of way acquired along the proposed freeway route through the City of Newport Beach; and WHEREAS, the result of these right of way acquisitions and holdings is an approximate loss of $150,000 tax revenue annually, as well as personal losses to private landowners adjacent to and in the immediate vicinity of right of way pur- chased by the State; and WHEREAS, the State Department of Public Works on July 13, 1971 stated that the State - proposed Pacific Coast Freeway route through Newport Beach is dead and buried; and WHEREAS, the Governor has supported a new Coastal Free- way Policy designed to prevent unwarranted intrusion by the State freeway system on the California coastline; and WHEREAS, the adopted alignment of the Pacific Coast Freeway (Route 1) through the City of Newport Beach will cause irreparable damage to the nature and character and ecology of this community; and • WHEREAS, while there are available reasonable alternative routes outside of the City of Newport Beach that would be compatible with the planned needs of the neighbor cities of Newport Beach, -2- there.is no acceptable alternate route within the City of Newport Beach; and WHEREAS, the City has consistently demonstrated its unwillingness to approve the proposed Pacific Coast Highway • route and has actively opposed significant portions of the route since 1963; and WHEREAS, representatives of the City of Newport Beach have appeared before the California State Highway Commission on numerous occasions to request consideration of an alternate route for the Pacific Coast Freeway in the City of Newport Beach in order to protect the health, safety and welfare of the citizens of this City, but the California State Highway Com- mission has refused to respond to the appeals and needs of the people of the City of Newport Beach; and WHEREAS, the City of Newport Beach has an official Transportation Study under way by professional consultants, and the first phase of that study was concluded and presented to the City's Transportation Committee on February 29, 1972; and as a result of that first phase completion it was established that the construction of the Pacific Coast Freeway would not be an acceptable solution and therefore set the direction of the final study; and WHEREAS, on March 2, 1972, the Department of Public Works, together with the State Division of Highways, appeared before the Commission on California State Government Organization and Economy's public hearing in Orange County, and disputed their earlier statement that the coastal freeway "was dead and buried" and in fact stated they are still holding and acquiring additional right of way and that the adopted Coastal Freeway Route is still • on their official maps; and WHEREAS, since the City has exhausted all attempts to persuade the State Highway Commission to delete that section of -3- the Pacific Coast Freeway through all of the City of Newport Beach, it has no alternative but to request that appropriate legislation be introduced to accomplish this end; and • WHEREAS, Section 11011.1 of the Government Code provides that land that has been not needed by any state agencies at fair market and recreation purposes to the state, said land at 50 percent of fair m declared surplus by the Legislature and is agency shall be offered to local governmental value; where such land is to be used for park and operated by local agencies at no expense may be transferred to local government agencies srket value, under certain conditions; and WHEREAS, Section 11011.6 of the Government Code provides that land held by the state and not needed by any state agency, acquired at little or no cost, and if it will be used by a governmental agency for public purposes of broad public benefit, may be transferred by the state to the governmental agency at no cost; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of.Newport Beach hereby respectfully requests and urges the Honorable Dennis Carpenter and /or the Honorable Robert E. Badham to take immediate steps necessary to author and introduce appropriate legislation which would be in the best interests of the citizens of this City, deleting from the State Freeway System that portion of the Pacific Coast Freeway lying within the City of Newport Beach; BE IT FURTHER RESOLVED that the City Council requests that such legislation also contain language stating that the State Legis- lature finds and determines that the State -owned right of way through Newport Beach is surplus property, thereby allowing the City of Newport Beach to take advantage of the provisions of Sections 11011.1 and 11011.6 of the Government Code regarding acquisition of surplus • lands. ADOPTED this 13th day of March, 1972. Z. ATTEST: Mayor City C erk V DON:mh -g- 3/9/72 CITY CLERK OF THE CITY OF T B C IFIED AS THE ORI AY. eACH !VAR 171972 DATE. _ ........ — .................... .............,..._.,..�._...__.