Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  20-001239

 

MEETING DATE:

01/26/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

2

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Thomas A. Miller (714) 834-6019 

 

 

Stacey Blackwood (949) 923-3743

 

 

Subject:  Abandonment and Conveyance of Property in Upper Newport Bay

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement(s) and Resolution(s)

Discussion

 

 

Unanimous

 

 

 

    Budgeted: N/A

Current Year Cost:   N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: $33,000

  Funding Source:      See Financial Impact Section

County Audit in last 3 years: No

 

 

    Prior Board Action:         N/A

 

RECOMMENDED ACTION(S):

 

 

1.

On January 26, 2021:

 

 

A.

Adopt the Resolution of Intent to Abandon a portion of County of Orange owned parcel identified on County of Orange records as Facility Parcel Number PR47D-301.1 and set the matter for public hearing on April 13, 2021.  (Requires a unanimous vote of Supervisors)

 

 

B.

Continue this matter to April 13, 2021. (3 Votes Board Majority)

 

2.

On April 13, 2021:

 

 

A.

Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA. (3 Votes Board Majority)

 

 

B.

Adopt the Resolution of Abandonment for Parcel PR47D-301.1(Requires a unanimous vote of Supervisors).

 

 

C.

Return all executed original copies to OC Parks for further processing. (3 Votes Board Majority)

 

 

D.

Find that Parcel PR47D-301.1 is not required for County of Orange use and authorize the Chief Real Estate Officer or designee to approve and execute all real estate instruments to transfer the parcel, including a Purchase and Sale Agreement and Quitclaim Deed in substantially the form attached here to with minor modifications that do not increase the cost or liability to the County of Orange, for reasonable consideration based on the market value for the property’s intended use, and perform all action necessary for the final transfer of the subject property. (Requires a majority vote pursuant to Government Code Section 25526.5.)

 

 

 

 

SUMMARY:

 

Adoption of the Resolutions related to Park Abandonment and approval of the conveyance will effectuate transfer of a portion of APN 439-051-14, which is not required for any OC Parks or County of Orange purpose as it is no longer included in the County of Orange’s Master Plan of Arterial Highways as the University Drive extension has been cancelled.

 

 

 

BACKGROUND INFORMATION:

 

PR47D-301.1 is a vacant 13,785 square foot parcel of land located north of the Upper Newport Bay between Bayview Trail and the residences along Mesa Drive in Newport Beach, California. There are currently no recreation amenities existing on this parcel.

 

This parcel was originally owned by The Irvine Company (TIC) and included in the County’ of Orange’s (County) Master Plan of Arterial Highways (MPAH) as part of an extension of University Drive between Irvine Boulevard and Jamboree Road. After the University Drive extension was no longer considered viable, the subject parcel, along with adjoining strips from University Drive to Jamboree Road, was offered by TIC as an Irrevocable Offer of Dedication (IOD) to the County, on July 24, 1989, with a restriction for passive recreation uses only. The County accepted the IOD on July 27, 1990, recorded as Document 90-395-556. In 1990 the extension of University Drive was also removed from the County’s MPAH.

 

The owner of the adjacent property, Buck Johns, approached the County with an offer to purchase the subject parcel. Since Parcel PR47D-301.1 will not be used by the public and it is not appropriate, convenient, or necessary for park purposes, it may be abandoned pursuant to the County Park Abandonment Law (Section 25580 et seq. of the Government Code) and pursuant to Section 2-5-301 “Abandonment” of the County Codified Ordinances. TIC has approved the Termination of Use Restriction and Reversionary Interest document, which will be recorded in January 2021.

 

The County park abandonment process requires the Board to consider this item and adopt resolutions twice. The first meeting establishes the intent to abandon the park, provides notice and sets the date for the second meeting, at least 60 days later, and requires unanimous acceptance by all Supervisors present. During the 60-day period County staff will comply with all posting and publishing requirements mandated by the ordinance and code section. At the second meeting, the Board will hear any objections by the public and make its final determination regarding abandonment. The proposed transaction will result in conveyance of County Parcel PR47D-301.1 to Buck Johns shown in Attachment A – Aerial Map.

 

Once the abandonment is complete, CEO Real Estate will proceed with the processing of the following conveyance documents to complete the land conveyance:

 

*Attachment B – Quitclaim Deed from County of Orange to Buck Johns for Facility Parcel No. PR47D-301.1, and

*Attachment C – Purchase and Sale Agreement by and between the County of Orange and Buck Johns.

 

CBRE Valuation and Advisory Services (CBRE) prepared the valuation for the portion of County-owned parcel for conveyance and determined the value to be $13,000. CEO Real Estate has reviewed the CBRE valuation and agrees with its determined value. Buck Johns has additionally agreed to pay a $20,000 processing fee for this transaction.

 

Orange County Parks Commission: The Orange County Parks Commission considered this item at its January 7, 2021, meeting, and three of the five Commissioners present recommended the item for Board approval.

 

Natural Community Conservation Plan and Habit Conservation Plan (NCCP/HCP): The property is not located in the NCCP/HCP Reserve.  

 

Surplus Property: This property was noticed as surplus property to per Government code 54222 on August 17, 2020. No interested parties responded to the notice. 

 

Compliance with CEQA: The subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA.

 

General Plan Conformity: This project is in conformance with the City of Newport Beach’s General Plan.

 

 

 

FINANCIAL IMPACT:

 

Approval of the Purchase and Sale Agreement and Quitclaim Deed will result in an additional $33,000 in revenue for OC Parks Fund 405, which will be absorbed in the FY 2020-21 budget.

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

 

REVIEWING AGENCIES:

 

OC Community Resources/OC Parks

 

ATTACHMENT(S):

 

Attachment A - Aerial Map
Attachment B - Quitclaim Deed from County of Orange to Buck Johns for Facility Parcel No. PR47D-301.1
Attachment C - Purchase and Sale Agreement by and between the County of Orange and Buck Johns
Attachment D - Regional Park Abandonment - Resolution of Intent
Attachment E - Regional Park Abandonment - Resolution of Abandonment
Attachment F - Real Estate Questionnaire
Attachment G - Government Codes