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HomeMy WebLinkAbout34 - Tidelands Trust and Senate Bill 573 (Johnson)Newport Beach City Council AGENDA ITEM 34 December 14, 1998 Council Meeting TO: MAYOR AND CITY COUNCIL FROM: DENNIS DANNER, ACTING CITY MANAGER / BY: DAVE KIFF, ASSISTANT TO THE CITY MANAGER SUBJECT: TIDELANDS TRUST AND SENATE BILL 573 (JOHNSON) ISSUE: What properties should the City Council include in the `Tidelands Trust" as required by Senate Bill 573 (Johnson, 1997)? BACKGROUND: The State of California became the owner of tidelands on admission to the union in 1850. Tidelands are those lands that were or are below the line of mean high tide and they are subject to a public trust for navigation, commerce and fishing. Beginning in 1919, the State granted certain tidelands to the City (tideland grants). The tideland grants covered only tidelands within our corporate limits so City tidelands are, with few exceptions, limited to Lower Newport Bay. The tideland boundaries in Lower Newport Bay were, for the most part, established by judgments issued in a number of Superior Court lawsuits filed in the late 1920's and early 1930's. Tidelands may be used for any purposes consistent with the trust and, in cases such as Beacon Bay and the Balboa Bay Club property, may be used for residential purposes subject to certain conditions including a requirement that revenue be used for tideland purposes. The State expanded these uses under the Tidelands Trust (the "Trust ") in 1978 via "the Beacon Bay Bill." Pursuant to the Beacon Bay Bill, the State Lands Commission requires the City use granted tide and submerged lands for the following purposes: • Public Harbor — the City may establish, improve, and operate a public harbor on the tide and submerged lands; • Docks, Wharves, and More — the City may construct, maintain, and operate wharves, docks, piers, slips, quays, ways, and streets or other utilities necessary to promote commerce, fishing or navigation over the tide and submerged lands; • Beaches and Marinas — the City may establish, improve, and operate bathing beaches, public marinas, public aquatic playgrounds, and similar recreational facilities open to the public on the tidelands; and Newport Beach City Council Agenda Item 34 Page 2 • Reserves and Open Space — the City may preserve, maintain, and enhance tidelands in their natural state and to re- establish the natural state of developed tidelands so that they may be used for scientific study, open space, and wildlife habitat. The Beacon Bay Bill also required the City to set up "separate tidelands trust fund or funds" and mandated that the City deposit all moneys received from the tidelands into the funds. The Commission oversees the City's administration of tidelands trust properties and the expenditure of the tidelands revenue. After the Beacon Bay bill became law, the City did not appropriately apportion the Trust - related funds as described in the bill. In the mid- 1990s, the City noted its error and informed the Commission of the apparent problem. The Commission and the City negotiated a solution that was contained in Senate Bill 573 (Johnson, 1997). The SB 573 solution set up three new tidelands trust funds and directed the City to place certain City-owned lands in the Trust to recompense the Trust for the public access value of the Beacon Bay property. The Bill directed the City to deposit set percentages of revenue from the Beacon Bay lease into the new tidelands trust funds. More specifically: I -- The Three Tidelands Trust Funds • Tideland Capital Fund — SB 573 directed that the City use revenue in this Fund to acquire real property for the Trust. • Tideland Operation and Maintenance Fund — SB 573 required that the City establish this Fund for the costs associated with operating and maintaining the trust. NOTE. SB 573 directed that the City deposit 80% of the revenue from the Tidelands - related Beacon Bay leases into the above two funds, with the inter -Fund split to be determined by the City. In FY 1998 -99, revenue from the Beacon Bay leases maybe approximately $525,000 — the City's Public Works staff is examining which Beacon Bay properties fall within the tidelands boundary and which may be uplands. • Upper Newport Bay Restoration Fund — SB 573 directed that the City place 10% of the Beacon Bay lease revenue in this Fund and that the City use the Fund to improve and restore Trust land in and around Upper Newport Bay. Uses of the Fund may include construction of improvements that benefit the Upper Bay and /or environmental documents and studies that improve water quality and habitat. II — Revenue for the State Lands Commission • 10% to the Commission — SB 573 requires the City to place the remaining 10% of the Beacon Bay lease revenue in the Commission's Land Trust Fund. The Commission can use the revenue to "provide necessary state review of (the City's) management of public trust property." 111— Placement of City Property in Trust • Additions to Trust by December 1998 -- To "provide satisfactory substitution' for the Beacon Bay lease revenues that the City did not allocate to the Tideland Capital Fund for the period of 1979 through 1997, SB 573 directed the City to transfer City -owned property determined by the State Lands Commission as having "equal or greater value and utility to the Trust" as the Beacon Bay land into the Trust by December 31, 1998. If the City L - Agenda Item 34 Page 3 demonstrates a necessity to delay this action, the Commission's executive director may extend this deadline to December 31, 1999. • General Fund Compensation — SB 573 authorizes the City to use revenues from the Tidelands Capital Fund to compensate the City General Fund for the fair market value of any City -owned properties placed in the Trust. For more information about this legislation and a brief history of the City's tidelands trust, please see Attachment A (Chronology) and Attachment B (Text of Senate Bill 573). DISCUSSION: Given the City's December 31, 1998 deadline to place City -owned property in the Trust, City staff examined the current City property inventory to determine what properties should be under consideration for placement in the Trust. As noted, the properties must be such that the State Lands Commission will find them "of equal or greater value or utility to the Trust" as the Beacon Bay property. City staff looked primarily at land considered to be either Uplands property (property which the City holds in fee title that is linked to either tidelands or filled tidelands) or Waterways that are not already tidelands. While the three "parcels" identified in the Trust by the Beacon Bay Bill include about 2,700 acres, the City is not required to place other City-owned land in the Trust on an acre - for -acre basis. Similarly, the City is not required to replace the land with other land on a dollar- for - dollar assessed value basis. The property placed in the Trust must, however, have "equal or greater value or utility as public assets." In other words, it must be land of high recreational or habitat quality. Beginning in October 1998, City staff reviewed approximately 35 separate properties deemed "eligible" for the Tidelands Trust. They include marshes, passive parks, active parks, waterways, beaches, and more. Staff used the following criteria when considering the properties and "weighted" them based on these factors: • Utility — the property had to (1) promote recreational use (passive or active); (2) offer a visitor or resident adequate access to the water or other tidelands property, or (3) enhance the habitat value and inventory for critical species such as eelgrass, the clapper rail, the Belding's Savannah Sparrow and more; • Ownership — the property had to be owned by the City in fee simple title; • Adjacency — the property should be adjacent to other tidelands or uplands; Using the above criteria, staff recommends placing the following properties in the Trust: Agenda Item 34 Paae 4 These properties, which total approximately 58.9 acres, are described in brief in Attachment C and shown on maps in Attachment E. RECOMMENDED ACTION: Adopt Resolution 98 -_ (Attachment D) transferring, conveying, and quitclaiming 11 properties, parcels, and /or waterways to the City itself in its capacity as Trustee of the Tidelands Trust. The parcels are described in "Descriptions /Maps of Subject Parcels, Properties, and Waterways" in Attachment E. ATTACHMENTS: Attachment A — Chronology of Tidelands Events Attachment B —Text of Senate Bill 573 (Johnson, 1997) Attachment C — Brief Description of Properties Proposed for Placement in the Trust Attachment D — Resolution 98- Attachment E -- Descriptions /Maps of Subject Parcels, Properties, and Waterways i Recommended Additions to Tidelands Trust WATERWAYS • Grand Canal BEACHITIDAL • Bayfront Walk to Bulkhead, Balboa Island • Little Corona Beach . N Street Beach . 10t" and Bay Beach PASSIVE PARKLAND • Mouth of Big Canyon Nature Park OTHER PROPERTIES • Bayfront Walk, Balboa Island . Channel Place Park • Edgewater Avenue (Place) Walk (Lindo to Washington Street) • Newport Shores Park . Oceanfront Walk (36" to E Street) These properties, which total approximately 58.9 acres, are described in brief in Attachment C and shown on maps in Attachment E. RECOMMENDED ACTION: Adopt Resolution 98 -_ (Attachment D) transferring, conveying, and quitclaiming 11 properties, parcels, and /or waterways to the City itself in its capacity as Trustee of the Tidelands Trust. The parcels are described in "Descriptions /Maps of Subject Parcels, Properties, and Waterways" in Attachment E. ATTACHMENTS: Attachment A — Chronology of Tidelands Events Attachment B —Text of Senate Bill 573 (Johnson, 1997) Attachment C — Brief Description of Properties Proposed for Placement in the Trust Attachment D — Resolution 98- Attachment E -- Descriptions /Maps of Subject Parcels, Properties, and Waterways i Agenda Item _ Page 5 Attachment A Chronology of Tidelands Events July 1919 State adopts Chapter 494 of the Statutes of 1919. Action conveys "all the right, title and interest of the State of California" of "that portion of the tidelands and submerged lands within the present boundaries" of Newport Beach to the City. Limits use of lands for harbor activities, dock construction, and other commerce and navigation - related uses (the "Tidelands Trust"). Prohibits City from selling or granting tidelands to other parties, but authorizes City to enter into leases of up to 25 years for uses consistent with Trust. July 1927 State adopts Chapter 70 of the Statutes of 1927. Action conveys additional land to the City to be used according to the Trust. August 1929 State adopts Chapter 574 of the Statutes of 1929. Action allows City to enter into leases of up to 50 years for uses consistent with the Trust. August 1978 State adopts "Beacon Bay Bill" - appears in records as Chapter 74 of the Statutes of 1978. Bill also allows City to use Trust "for the preservation, maintenance, and enhancement of lands in their natural state and the re- establishment of their natural state ... so that they may serve as ecological units for scientific study, as open space, and ... habitat for birds and marine life..." Bill requires the City to deposit all Tidelands - related revenue in two funds - a Reserve Fund for Capital Expenditures and a Tideland Capital Fund. This latter fund was to receive all Beacon Bay lease revenue. September 1994 State adopts AB 3139 (Pringle and Bergeson) relating to Tidelands and the Balboa Bay Club. Sill allows the Bay Club to keep the residential apartments until the completion of their estimated life or 2044, whichever comes first. Bill requires 95% of the revenue from the Bay Club to be used by the City for Trust purposes, with the other 5% going to the Land Bank Fund for use by the State Lands Commission. In 2000, these percentages become 90% (Trust) and 10% (State Lands Commission). August 1997 State adopts SB 573 (Johnson) which revises the fund structure set up in the Beacon Bay Bill to include the following three funds: • Tideland Capital Fund (used to acquire real property for the Trust); • Tideland Operation and Maintenance Fund (used to operate and maintain the Trust); and • Upper Newport Bay Restoration Fund (where 10% of the Beacon Bay lease revenue must go — used to improve and restore Trust land in and around Upper Newport Bay— can include construction of improvements that benefit the Upper Bay and/or environmental documents and studies that improve water quality and habitat). 80% of the Tidelands - related Beacon Bay revenue must be placed in the Tideland Capital Fund and the Operation and Maintenance Fund, with the inter - Fund split to be determined by the City. SB 573 also required the City to place 10% of the Beacon Bay lease revenue in the Commission's Land Trust Fund. Finally, it directed the City to transfer City -owned property determined by the State Lands Commission as having "equal or greater value and utility to the Trust" of the Beacon Bay land into the Trust by December 31, 1998. Senate Bill 573 (Johnson) An act to amend Sections 1 and 2 of Chapter 74 of, and to add Section 2.5 to, the Statutes of 1978, relating to tide and submerged lands in the City of Newport Beach. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACTAS FOLLOWS: SECTION 1. Section 1 of Chapter 74 of the Statutes of 1978 is amended to read: Section 1. There is hereby granted to the City of Newport Beach and its successors all of the right, title, and interest of the State of California held by the state by virtue of its sovereignty in and to all that portion of the tidelands and submerged lands whether filled or unfilled, bordering upon and under the Pacific Ocean or Newport Bay in the County of Orange, which were within the corporate limits of the City of Newport Beach, a municipal corporation, on July 25, 1919; the same to be forever held by the city and its successors in trust for the uses and purposes and upon the following express conditions: (a) The lands shall be used by the city and its successors for purposes in which there is a general statewide interest, as follows: (1) For the establishment, improvement, and conduct of a public harbor; and for the construction, maintenance, and operation thereon of wharves, docks, piers, slips, quays, ways, and streets, and other utilities, structures, and appliances necessary or convenient for the promotion or accommodation of commerce and navigation. (2) For the establishment improvement, and conduct of public bathing beaches, public marinas, public aquatic playgrounds, and similar recreational facilities open to the general public; and for the construction, reconstruction, repair, maintenance, and operation of all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any such uses. (3) For the preservation, maintenance, and enhancement of the lands in their natural state and the reestablishment of the natural state of the lands so that they may serve as Attachment B Text of Senate Bill 573 ecological units for scientific study, as open space, and as environments which provide food and habitat for birds and marine life, and which favorably affect the scenery and climate of the area. (b) Except as otherwise provided in this section, the city or its successors shall not, at any time, grant, convey, give, or alienate the lands, or any part thereof, to any individual, firm, public or private entity, or corporation for any purposes whatever; except that the city or its successors may grant franchises thereon for a period not exceeding 50 years for wharves and other public uses and purposes and may lease the lands, or any part thereof, for terns not exceeding 50 years for purposes consistent with the trust upon which the lands are held by the state and with the uses specified in this section. (c) The lands shall be improved without expense to the state; provided, however, that nothing contained in this act shall preclude expenditures for the development of the lands for the purposes authorized by this act by the state, or any board, agency, or commission thereof, or expenditures by the city of any funds received for such purpose from the state or any board, agency, or commission thereof. (d) In the management, conduct, operation, and control of the lands or any improvements, betterments, or structures thereon, the city or its successors shall make no discrimination in rates, tolls, or charges for any use or service in connection therewith. (e) The state shall have the right to use without charge any transportation, landing, or storage improvements, betterments, or structures constructed upon the lands for any vessel or other watercraft or railroad owned or operated by the state. (f) There is hereby reserved to the people of the state the right to fish in the waters on the lands with the right of convenient access to the waters over the lands for such purpose, which rights shall be subject, however, to such rules and regulations as are necessary for the accomplishment of the purposes specified in subdivision (a). (g) Notwithstanding any provision of this section to the contrary, the city may lease the lots located within Parcels A, B, and C described in Section 6 of this act for the purposes set forth in this act and for terms not to exceed 50 years. The consideration to Agenda Item be received by the city for such leases shall be the fair market rental value of such lots as finished subdivided lots with streets constructed and all utilities installed. The form of such leases and the range of consideration to be received by the city shall be approved by the State Lands Commission prior to the issuance of any such lease. All money received by the city from existing and future leases of those lots shall be deposited in the city tideland trust funds as provided in Section 2. (h) With the approval of the State Lands Commission, the city may transfer portions of the lands granted by this act, or held pursuant to this act, to the state acting by and through the State Lands Commission, for lease to the Department of Fish and Game for an ecological reserve or wildlife refuge, or both, and other compatible uses to be undertaken by the department; provided, however, that, if at any time the Department of Fish and Game no longer uses those portions of the lands so transferred by the city to the state for those purposes, the lands so transferred shall revert to the city to be held pursuant to the provisions of this act. Upon approving such a transfer from the city to the slate, the State Lands Commission shall lease the lands so transferred to the Department of Fish and Game. The public benefits shall be the sole consideration to be received by the State Lands Commission from the Department of Fish and Game for that lease. Any and all income received by the Department of Fish and Game from the lands so leased shall be used only in connection with the department's improvement and administration of the leased lands. (i) The city shall establish a separate tidelands trust fund or funds in such a manner as may be approved by the State Lands Commission, and the city shall deposit in the fund or funds all money received directly from, or indirectly attributable to, the granted tidelands in the city. Q) In accordance with this act, the city, acting either alone or jointly with another local or state agency, may use revenues accruing from or out of the use of the granted tidelands or from any additional trust assets, for any or all of the purposes set forth in this act on public trust lands within the City of Newport Beach. Those revenues may be deposited in one or more reserve funds for use in accordance with the Text of Senate Bill 573 (cont'd) terms and conditions set forth in this act. (k) As to the accumulation and expenditure of revenues for any single capital improvement on the public trust lands within the city involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the city shall file with the State Lands Commission a detailed description of such capital improvement not less than 30 days prior to the time of any disbursement therefor or in connection therewith. The executive officer of the commission shall notify the city within 30 days from the dale of the filing, if the proposed expenditure raises significant issues. Upon receipt of the notification, the city shall not make any disbursement in connection with the proposed expenditure for 60 days or until the comrnission has acted on the proposed expenditure, whichever is the shorter period. Within 60 days of the notification by the executive officer, the Stale Lands Commission may determine and notify the city that the capital improvement is not in the statewide interest and benefit or is not authorized by the provisions of subdivision 0). The State Lands Commission may request the opinion of the Attorney General on the matter; and, if it does so, a copy of the opinion shall be delivered to the city with the notice of its determination. If the State Lands Commission notifies the city that the capital improvement is not authorized, the city shall not disburse any revenue for or in connection with the capital improvement unless and until it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. The city is authorized to bring suit against the state for the purpose of securing such an order or adjudication, which suit shall have priority over all other civil matters. Service of process shall be made upon the Executive Officer of the State Lands Commission and the Attorney General, and the Attorney General shall defend the state in such suit. If judgment be given against the state in the suit, no costs shall be recovered against it. (1) On June 30, 1978, and on June 30 of every third fiscal year thereafter, that portion of the city tideland trust revenues in excess of two hundred fifty thousand dollars ($250,000) remaining after deducting current and accrued operating costs and expenditures directly related to the operation or maintenance of tideland trust activities shall be deemed excess revenues. However, any funds deposited in a reserve fund for future capital expenditures or any funds used to retire bond issues for the improvement or operation of the granted lands shall not be deemed excess revenue. Capital improvements of the granted lands for purposes authorized by this act, including improvements on lands transferred to the stale pursuant to subdivision (h) and paid for by the dry, may be considered as expenditures for the purpose of determining excess revenues; provided, however, that if made after the effective dale of this act they may be so considered only if made in accordance with subdivision (k). The excess revenue, as determined pursuant to this subdivision, shall be allocated as follows: 85 percent shall be transmitted to the Treasurer for deposit in the General Fund in the State Treasury, and 15 percent shall be retained by the city for deposit in the trust fund for use in any purpose authorized by subdivision (j) of this section. (m) At the request of the city, the State Lands Commission shall grant an extension of time, not to exceed 90 calendar days, for filing any report or statement required by this act, that was not filed due to mistake or inadvertence. (n) If the city fails or refuse to file with the State Lands Commission any report, statement, or document required by any provision of this act, or any extension period granted pursuant to this act, or fails or refuses to carry out the terms of this act, the Attorney General shall, upon the request of the Stale Lands Commission, bring such judicial proceedings for correction and enforcement as are appropriate and shall act to protect any improvements to, or assets situated upon, the granted lands or diverted therefrom. The State Lands Commission shall notify the Chief Clerk of the Assembly and the Secretary of the Senate within 30 days from the date of the occurrence of the failure or refusal and of actions taken as a result thereof. (o) The State Lands Commission shall, from time to time, recommend to the Legislature such amendments as it may determine to be necessary in the terms and conditions of this act. (p) The State Lands Commission shall, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments thereto, have been complied with in good faith. (q) On or before December 31 of each year, the State Lands Commission shall report to the Chief Clerk of the Assembly and to the Secretary of the Senate the full details of any transaction or condition reported to the commission pursuant to this act which it determines to be in probable conflict with this act or with any other provision of law. Upon request by resolution of either house of the Legislature, or upon formal request of the State Lands Commission made only after a noticed public hearing at which the city has been given an opportunity to express fully any disagreement with the commission's findings or to describe any extenuating circumstances causing the violation, the Attorney General shall bring an action in the Superior Court in the County of Orange to declare that the grant under which the city holds the tidelands and submerged lands is revoked for gross and willful violafion of this act or any other provision of law or to compel compliance with the requirements of this act and any other provision of law. (r) The city shall cause to be made and filed annually with the State Lands Commission a detailed statement of receipts and expenditures by it of all rents, revenues, issues, and profits in any manner arising after the effective date of this act from the granted lands or any improvements, betterments, or structures thereon. (s) The Department of Fish and Game shall establish the funds and make the deposits required by subdivision (i) of this section and shall prepare and file statements required by subdivision (r) as to any lands transferred to the state pursuant to subdivision (h). (t) The provisions of Chapter 2 (commencing with Section 6701) of Part 2 of Division 6 of the Public Resources Code shall be applicable to this section. The provisions of Section 6359 of the Public Resources Code shall not be applicable to this section. (u) Notwithstanding any other provision of this act, the city shall pay to the state all revenues received from the production of oil, gas, and other minerals derived from or attributable to the real property described in Section 6 of this act and the real property acquired by the city pursuant to subdivision (a) of Section 2 of this act. Whenever practicable, the city shall obtain the mineral rights In real property acquired pursuant to subdivision (a) of Section 2 of this act. Newport Beach City Council Text of Senate Bill 573 (Cont'd) SEC. 2. Section 2 of Chapter 74 of the Statutes of 1978 is amended to read: Sec. 2. (a) The City of Newport Beach shall establish a Tideland Capital Fund as one of the funds required by subdivision (i) of Section 1 of this act. The money in the Tideland Capital Fund shall be used by the city in conformity with the following terms and conditions: (1) Expenditures from the fund may be made for the acquisition of real property that will further the purposes of the trust created by this act or for capital improvements for those purposes. (2) The city may make acquisitions of real property by purchase, gift, or other conveyance, including, but not limited lo, the transfer of city -owned property held in a municipal rapacity to the trust created by this act. All such real property shall be held by the city in trust pursuant to this act. (3) For purposes of this subdivision, acquisition or improvement of real property by the dry for purposes of enhancing the public trust lands administered by the Department of Fish and Game pursuant to Chapter 415 of the Statutes of 1975 shall be deemed to be authorized by, and to be in furtherance of, the trust created by this act. (4) The city may expend municipal funds to acquire real property for purposes specified in this subdivision. The city may transfer amounts from the Tideland Capital Fund to reimburse municipal funds for any such expenditures, together with an appropriate amount of interest on the municipal funds advanced, if the State Lands Commission gives advance approval of the transaction. (b) The city shall establish a Tideland Operation and Maintenance Fund as one of the funds required by subdivision (i) of Section 1 of this act. The money in the Tideland Operation and Maintenance Fund shall be used by the city for the operation and maintenance of the tide and submerged lands granted by this act and any additional lands and assets that are made subject to the public trust pursuant to this act in furtherance of the purposes of the trust created by this act. (c) The city shall establish an Upper Newport Bay Restoration Fund as one of the funds required by subdivision (i) of Section 1 of this act. The money in the Upper Newport Bay Restoration Fund shall be used by the city for Upper Newport Bay environmental restoration and improvement on tide and submerged lands described in paragraph (3) of subdivision (a) or otherwise made subject to the public trust pursuant to this act and located in Upper Newport Bay, to do both of the following: (1) Construct improvements to, or otherwise physically alter, those public trust lands if the construction or alteration directly benefits those lands. (2) Fund environmental documents, planning studies, or scientific analyses, or experiments directly related to the improvement or enhancement of the habitat values of those lands and the water quality of the overlying waters. (d) (1) Eighty percent of the money received by the city pursuant to subdivision (g) of Section 1 of this act shall be deposited in the Tideland Capital Fund described in subdivision (a) and in the Tideland Operation and Maintenance Fund described in subdivision (b), the allocation between those funds to be determined by the city. (2) Ten percent of the money received by the city pursuant to subdivision (g) of Section 1 of this act shall be deposited in the Upper Newport Bay Restoration Fund described in subdivision (c). (3) Ten percent of the money received by the city pursuant to subdivision (g) of Section 1 of this act shall be deposited in the Land Bank Fund created in the State Treasury pursuant to Section 8610 of the Public Resources Code, available for expenditure by the Stale Lands Commission as described in subparagraph (B) of paragraph (1) of subdivision (f) of Section 4.5 of this act. (4) The city may deposit in the city funds established pursuant to subdivisions (a), (b), and (c) any other income from the fide and submerged lands granted to the city pursuant to this act or from lands otherwise held in the public trust pursuant to this act that the dry determines to be appropriate and consistent with this act and the public trust. SEC. 3. Section 2.5 is added to Chapter 74 of the Statutes of 1978, to read: Sec. 2.5. (a) The city may transfer to the trust created by this act, any city - owned real property not subject to the public trust for the purposes specified in Section 1 of this act. The city may compensate the city general fund for the fair market value of the transferred real property if the transfer and that expenditure of trust funds occur after January 1, 1998, and the State Lands Commission has given advance approval of the transaction. (b) On or before December 31, 1998, the city shall dedicate as public trust lands, to be held subject to the public trust and the provisions of this act, any lands that the Stale Lands Commission has determined (1) have equal or greater value and utility to the public trust than the lands described as Parcels A, B, and C in Section 6 of this act and (2) that the dedication of lands as trust lands will provide satisfactory substitution for the requirements prescribed in subdivision (a) of Section 2 of this act as enacted by Chapter 74 of the Statutes of 1978. Upon a demonstration of necessity, the Executive Officer of the State Lands Commission may extend that deadline to not later than December 31, 1999. Newport Beach City Council to N w m a r ro r e+�u�rn :; _.O H' OOOO Z Z z Acv Ob 1-�. W N :cy; a m oc U N ry Y... ': N O: D❑ V d C N W: CQ ODA 1� N E N?: z O. m N • pmmpm m N � (7 3 � 0 a 0 d d T d Z : Z z� n z n In O m f j I m c � a • O L s � L V • m a � cw o • c z m a m gym. 14i �c IL (D M::: Z Agenda Item _ Paae 10 Attachment D Resolution 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TRANSFERRING MUNICIPAL PROPERTY TO THE CITY OF NEWPORT BEACH TIDELANDS TRUST WHEREAS, the City of Newport Beach operates a Tidelands Trust ( "Trust') as directed by the State of California according to Chapter 74 of the Statutes of 1978; and WHEREAS, the Trust includes a majority of the tide and submerged lands in Newport Bay south of the Pacific Coast Highway Bridge at Dover Drive within the city limits of Newport Beach; and WHEREAS, the Trust obligates the City to preserve and maintain these tide and submerged lands as well as filled tidelands on behalf of the State of California for the recreational enjoyment of all California residents; and WHEREAS, the Trust includes property known as 'Beacon Bay" which today allows for only limited resident access to Newport Bay; and WHEREAS, Senate Bill 573 (Johnson, 1997) among other things requires the City to add properties to the Trust that are of "equal or greater utility to the Trust' than the property at Beacon Bay; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the parcels, waterways, and other properties identified in "Description /Maps of Subject Parcels, Properties, and Waterways" attached hereto and by this reference incorporated herein does hereby transfer, convey, and quitclaim the subject parcels to itself in its capacity as Trustee of the Tidelands Trust. ADOPTED this 14`" day of December, 1998. MAYOR ATTEST: CITY CLERK Agenda Item _ Page 11 Attachment E Descriptions /Maps of Subject Parcels, Properties, and Waterways O Grand Canal Tidal and submerged lands bounded by Balboa Island to the West, Little Balboa Island to the East, the US Bulkhead line to the North to the South. 0 Bayfront Walk to Outer edge of "sidewalk" around Balboa Island and Little Balboa Island Bulkhead Line, Balboa to the US Bulkhead line. Approximately 5.64 acres of land, beach, Island and tidal and submerged lands. 0 Little Corona Beach Beach and park area described in City's maps and Deed 247 as "Parcel D" bounded by 3729 Ocean Boulevard to the West, 101 Shorecliff to the East, Glen Drive to the North, and the Pacific Ocean to the South. Parcel is approximately 1.51 acres. O N Street Beach Beach identified as APN 048 - 301 -07 bounded by Channel Road to the West, Lower Newport Bay to the East, 2140 Channel Road to the North, and 2210 Channel Road to the South. Parcel is approximately O Newport Shores 0.57 acres. 10 10th and Bay Beach Beach identified as APN 047 - 271 -01 bounded by 10`h Street to the West, 908 Bay Avenue to the East, Lower Newport Bay to the North, 00 Oceanfront Walk and Bay Avenue to the South. This parcel includes approximately 0.82 acres of land and beach. 0 Mouth of Big Passive park identified as APNs 440 - 132 -37, 440 - 092 -54, 440 - 092 -76, Canyon Nature Park 440 - 092 -77, and 440. 092 -79 bounded by State property along Back Bay Drive to the West, Jamboree Road to the East, The Bluffs to the North, and the Park Newport Apartments to the South. Parcels include approximately 39_16 acres. 0 Bayfront Walk, The 3— sidewalk" around the exterior of Balboa Island and Little Balboa Island Balboa Island. Parcel is approximately 2.29 acres. ® Channel Place Park Active park (uplands) identified as APN 423 - 291 -01 bounded to the West by River Avenue, to the East by Rivo Alto, to the North by the properties at 4401 -4465 West Coast Highway, and to the South by Channel Place. Parcel is approximately 1.32 acres. 0 Edgewater Avenue/ The sidewalk and prescriptive easement that begins at the bayfront Place end of Lindo Avenue, heads east to Medina Way, and turns Southeast and ends at Washington Street. Walk and easement acreage to be determined. O Newport Shores Active park identified as APN 045. 113.01 bounded to the West by 615` Park Street, to the East and North by the Seminouk Slough, and to the South by Coast Boulevard. Parcel is approximately 0.07 acres. 00 Oceanfront Walk The "sidewalk" that begins at 36th Street and ends at 1313 Balboa Boulevard Oust east of E Street). Walk is approximately 7.52 acres. 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