HomeMy WebLinkAbout12 - Tidelands GrantCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
May 11, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robert Burnham, City Attorney
644 -3131, rburnham(c).city.newport- beach.ca.us
SUBJECT: Tidelands Grants
ISSUE:
Should the City Council authorize the City Manager to execute an agreement with the
County of Orange that would approve a re- alignment of tidelands pursuant to legislation
and on a revenue neutral basis?
RECOMMENDATION:
Authorize the City Manager to execute an agreement with the County of Orange that
would approve a re- alignment of tidelands pursuant to legislation and on a revenue
neutral basis.
INTRODUCTION:
The Sphere Issues Committee has identified various opportunities for the City and the
County to modify their respective responsibilities regarding property in and adjacent to
Newport Beach so that expenditures can be reduced with no adverse impact on
services. The City and County are both grantees of tidelands in Newport Harbor and
Upper Newport Bay. The County has asked the State Lands Commission staff to
consider designating as tidelands certain City property presently leased to the County
that is integrated into the Upper Newport Bay Regional Park. The County has also
received conceptual approval from the State Lands Commission to designate certain
upland parcels as tideland assets but legislation is required to implement that approval.
The County has, in discussions with the Sphere Issues Committee, indicated a
willingness to consider supporting legislation that would transfer to the City the
responsibility for administering Newport Dunes on a revenue neutral basis. The City
and County may be able to identify other tidelands parcels that could be appropriate
subjects for legislation modifying the grantee.
Absent legislative authority to the contrary, revenue generated by tidelands in Newport
Beach must be spent in Newport Beach for tideland purposes. The City's tideland
expenditures exceed tideland revenues by more than $5 million per year so receipt of
additional tideland revenue would simply reduce our current deficit. The County on the
other hand has more limited opportunities to expend tidelands revenue in Newport
Beach and would benefit from receipt of funds that are not subject to the relevant
restrictions. The State Lands Commission staff has expressed no opposition to the
concepts expressed in this memo but does not support incorporating in the legislation
any agreement relative to revenue.
The City may be required to pay for the preparation of metes and bounds descriptions
of the tidelands that would be realigned pursuant to the legislation and the need to have
the legal descriptions prepared prior to incorporation into any legislation is driving the
need to authorize the City Manager to take appropriate action at this time. The City
Attorney will be required to review and approve any agreement realigning the
responsibility for administering tidelands.