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Opinion

Council Can And Should Require Naples Property Owners To Pay Fair Share For Seawall Repairs

by Jim McCabe *

Mr. McCabe is a retired Long Beach Deputy City Attorney who worked frequently on tidelands/shoreline related issues.


(June 14, 2010) -- The Naples Seawalls greatly benefit affluent Naples property owners. The California Codes equate seawalls with sidewalks. Therefore, it is possible for the City to charge the residents for the upkeep of the seawalls.

The City doesn't in fact charge residents for the upkeep of sidewalks, but in my opinion the seawalls are very different in that they prevent major damage to the property owner.

In addition, the canal system to which they are tied arguably creates significant extra monetary value for the property owners.

Almost all the seawall residents have docks, yet the City only charges a tiny fraction of the commercial value of having their seawall-attached docks on public waters in which they have no ownership right. In my view, it's arguable that the City's current practice is inconsistent with the City's duty to get fair value for "renting" out Tidelands to private interests.

As a result of both of the above, when Councilman Doug Drummond represented the Third Council district (1990-1998), I and other city officials had a public meeting in Naples that proposed to fund part of the Seawall repairs by a modest increase in the cost paid by property owners for "renting" their adjacent docs. (The adjacent docs also provide a significant increase in the value of the property; nominally, the residents pay a "inspection fee" for their docks, but it is the same thing in application as "rent.")

The word came back several weeks after the Naples meeting that Naples seawall owners were unwilling to pay any additional sum.

I don't know if the Naples property owners' position on this has changed, but City Hall's financial condition certainly has.

Councilman Gary DeLong and others acknowledge the need to find alternative funding...when that alternative funding is staring them right in the face under state law.

In my opinion, LB taxpayers should watch closely on Tuesday night (June 15) to see which Councilmembers move, second and support a substitute motion to devise a fair-share formula, that includes a reasonable sum to be paid by benefited property owners, to repair the Naples Seawalls and prevent damage to their properties...without damaging taxpayers and the City's financial condition in the process.


Photo source: City of LB Power Point presentation


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