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Agenda Item
ASR
Control 12-000047 |
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MEETING DATE: |
02/07/12 |
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legal entity taking action: |
Board of Supervisors and Orange County Flood Control
District |
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board of supervisors
district(s): |
2 |
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SUBMITTING
Agency/Department: |
OC Community Resources (Approved) |
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Department contact
person(s): |
Rich Adler (949) 923-3752 |
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Harry Huggins (949) 923-3749 |
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Subject:
Property Transaction – City of
Newport Beach
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ceo Concur |
County
Counsel Review |
Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A |
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Funding Source: N/A |
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Prior Board Action: N/A
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RECOMMENDED ACTION(S):
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Acting as the Board of Supervisors of the County of Orange and the Orange County Flood Control District: |
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1. |
Find that the proposed project is Categorically Exempt (Class 1) from the provisions of CEQA. |
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Acting as the Board of Supervisors of the County of Orange: |
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2. |
Approve the Quitclaim Deed to City of Newport Beach for Parcel 304 in substantially the same form as the attached Exhibit A. |
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3. |
Approve and authorize the Chair to accept the Access Easement Deed for Parcel 303 from the City of Newport Beach to the County of Orange for access purposes. |
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4. |
Direct the Clerk of the Board to return the approved Quitclaim Deed and the accepted Access Easement Deed to OC Parks for further processing. |
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Acting as the Board of Supervisors of the Orange County Flood Control District: |
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5. |
Approve and authorize the Chair to accept the Access Easement Deed for Parcel 303 from the City of Newport Beach to the Orange County Flood Control District for access purposes. |
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6. |
Direct the Clerk of the Board to return the accepted Access Easement Deed to OC Public Works for further processing. |
SUMMARY:
Approval of the property transaction with the City of Newport Beach will secure permanent public access in Santa Ana Heights from Mesa Drive to Upper Newport Bay Nature Preserve and the Santa Ana-Delhi Channel.
BACKGROUND INFORMATION:
To resolve a number of access issues in the Santa Ana Heights area, County and City of Newport Beach staff have negotiated several property transactions involving a section of previously abandoned Birch St. right-of-way south of Mesa Drive. The section connects Mesa Drive to property owned by both the County and the Orange County Flood Control District (OCFCD) (Attachment A).
The objectives of the transactions are: 1) to memorialize the County’s and the OCFCD's rights to access Upper Newport Bay Nature Preserve and the Santa Ana – Delhi Flood Control Channel from Mesa Drive, 2) to permanently establish public trail access from Mesa Drive to the regional riding and hiking trail along the northern edge of Upper Newport Bay, and 3) to perfect access to a residential property owned by Richard Moriarty.
To realize these objectives, the City will be acquiring a 30-foot wide section of the abandoned right-of-way from Carla Brockman (Parcel 102 on Attachment B) and a small triangular parcel of the abandoned right-of-way from the County (Parcel 304 on Attachment C). The Quitclaim Deed is attached as Exhibit A. In exchange for the County Parcel, the City will be granting the County and the OCFCD separate access easements (Exhibits B and C) over an 18-foot wide section of both Parcels 102 and 304 (Parcel 303 on Attachment D). The remaining 12-foot wide section of the two parcels will serve as trail access for the public. The City is requiring Mr. Moriarty to improve both sections to serve their respective purposes, the 18-foot section for motorized vehicle access and the 12-foot section for pedestrian, bicycle and trail access.
In separate property transactions, the City of Newport Beach will be providing an easement to Mr. Moriarty for access and a sewer connection to his property as well as guarantee Ms. Brockman land use entitlements for her property.
OC Community Resources recommends that your Board approve the Quitclaim Deed to the City of Newport Beach for Parcel 304 and accept the Access Easement Deeds from the City to the County and the OCFCD for Parcel 303.
Compliance with CEQA: The subject project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 of the CEQA Guidelines (Class 1 - Existing Conditions).
General Plan Conformity: The project is in conformance with the General Plan of the City of Newport Beach pursuant to Government Code Section 65402.
Hazardous Materials Assessment: A Hazardous Materials Assessment was completed which identified no recognized environmental conditions and no present requirement for additional environmental investigations.
OC Parks Commission: The Commission considered this item at its meeting on February 2, 2012 and recommended Board approval.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
OC Public Works
EXHIBIT(S):
Exhibit A: Parcel 304 Quitclaim Deed
Exhibit B: County 303 Access Easement
Exhibit C: OCFD 303 Access Easement
ATTACHMENT(S):
Attachment A: Location Map
Attachment B: Parcel 102 Map
Attachment C: Parcel 304 Map
Attachment D: Parcel 303 (Portion of 102 and 304) Map