February 10, 2026
Agenda Item No.8
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Seimone Jurjis, City Manager - 949-644-3001, [email protected] PREPARED BY:
Lorig Yaghsezian, Management Analyst – 949-644-3028,
[email protected]
TITLE:
Resolution No. 2026-12: Establishing the Public Lands Trust Management Ad Hoc Committee to Review and Develop Recommendations Regarding the California State Lands Commission Report Regarding the City’s Management of the Tidelands ABSTRACT:
The California State Lands Commission’s report on the City’s Public Trust Lands Management (Report) identifies several policy and administrative concerns with the City of Newport Beach’s (City) mooring and residential pier programs. These concerns include how rates are set, whether rates are fair and consistent across user groups, and whether the City has clearly documented how discretionary decisions meet Public Trust obligations. To ensure a coordinated, transparent and timely response to the Report’s recommendations, the resolution would create a two-member City Council Ad Hoc Committee. The Committee will review the Report’s findings, provide focused policy directions to staff, guide stakeholder outreach, and develop recommendations for consideration by the full City Council at a duly noticed public meeting. The Ad Hoc Committee would be advisory and time-limited, expiring on December 31, 2026.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2026-12, A Resolution of the City Council of the City of Newport Beach, California, Establishing the Public Lands Trust Management Ad Hoc Committee to Review and Develop Recommendations Regarding the California State Lands Commission Report Regarding the City’s Management of the Tidelands; and c) Appoint Mayor Pro Tem Noah Blom and Councilmember Joe Stapleton to serve on the Public Lands Trust Management Ad Hoc Committee.
DISCUSSION:
The City holds certain tide and submerged lands in Newport Harbor in trust for the benefit of the people of California pursuant to Chapter 74 of the State of California Statutes of 1978, as amended (commonly referred to as the “Beacon Bay Bill”). As trustee, the City must manage granted lands consistent with the purposes and limitations of the trust, including the California Constitution, the Public Trust Doctrine, and the City’s granting statutes.
In 2024, the City Council’s consideration of updated mooring-related rates and policies led the California State Lands Commission (Commission) to initiate a broader management review of the City’s granted lands administration related to on- and offshore mooring permits and residential pier permits. Following Commission staff’s draft presentation in August 2025, the Commission directed staff at its December 16, 2025, meeting to transmit the final Report on the City of Newport Beach’s Public Trust Lands Management to the City. The Report was transmitted on January 6, 2026. In that transmittal, the Commission also directed its staff to coordinate with the City and return to the Commission with an update regarding the City’s progress within six months. The Commission further delegated authority to its staff to recommend initiation of a formal hearing if progress is determined to be insufficient within twelve months, and discretion to defer a formal hearing if the City is making sufficient progress or demonstrates good-faith efforts but requires additional time.
The Commission’s Report focuses on the City’s discretionary actions and related staff reports addressing residential pier rates, mooring permit rates, comparative rate treatment, mooring permit transfers, residential pier subleasing, and the City’s mooring license program. The report focused on the need for a legally compliant, transparent and well-documented approach to trust management, including ensuring rates and fees reflect fair market value, equity and public benefit across user groups, and clearly articulating how discretionary actions satisfy the City’s obligations as the State’s trustee. The Report also identifies issues for City’s evaluation and response, including recommendations related to appraising and updating residential pier rates, reviewing rate-setting methodologies and future adjustments, assessing the transferability of moorings and associated public-access implications, and stakeholder and community engagement around trust-related policy choices.
Given the issues raised, staff recommend forming a two-member City Council Ad Hoc Committee to provide guidance and oversight, coordinate review of the Commission’s findings, and develop recommendations for consideration by the full City Council in a duly noticed public meeting. The Committee will review the Report and the City’s current management practices, evaluate rates and fees for compliance, examine mooring transferability, and identify effective ways to engage the stakeholders. The Ad Hoc Committee would be advisory and time-limited, expiring on December 31, 2026.
Additionally, for the City Council’s consideration, are the proposed appointments of Mayor Pro Tem Noah Blom and Councilmember Joe Stapleton to serve on the Ad Hoc Committee. While the Ad Hoc Committee itself would not be subject to the Brown Act, its recommendations would be presented to the full City Council for consideration at a meeting noticed in accordance with the Brown Act.
FISCAL IMPACT:
There is no fiscal impact related to the adoption of Resolution No. 2026-XX.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A –Resolution No. 2026-12
Attachment B – State Lands Commission Report
Resolution No. 2026-12: Establishing the Public Lands Trust Management Ad Hoc Committee to Review and Develop Recommendations Regarding the California State Lands Commission Report Regarding the City’s Management of the Tidelands February 10, 2026
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