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
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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,
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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
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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
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