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HomeMy WebLinkAboutC-1296 - Legal counsel to determine water rights at Adams Avenue and Brookhurst StreetBy the C;7Y COUNCIL GTE' REACH CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: City water rights February 8, 1971 # -i <9, Transmitted herewith for your file is the attached opinion concerning the City's water rights in connection with the property at Adams Avgnue and Brookhurst Street in the City .of Huntington Beach. 752, IV- •�,-.� TULLY H. SEYMOUR City Attorney THS:mh Att. cc: City Manager City Clerk TAYLOR &. SMITH ATTORNEYS AT LAW EDWARD F. TAYLOR 505 ARROWHEAD AVENUE-SU1TE 506 JAMES A. SMITH POST OFFICE BOX 1126 SAN BERNARDINO, CALIFORNIA 92402 WILLIAM J. SRUNICM 0 January 8,' 1971 TEIEaXONE TURNER 5-683B Mr. Tully H. Seymour City Attorney, Newport Beach 3300 Newport Boulevard Newport Beach, California 93660 Re: City Water Rights Dear Tully: I have completed a�nny conferences with the engine4ring consultants for the City of Newport Beach, James M. Montgomery, and my legal analysis of the legal questions submitted for my consideration. In the preparation of this opinion, I have examined the following back- ground materials furnished by you: Report of City Water Wells No. 13 and No. 15, January 1967; Supplemental Report on Future Sources of Water, January 1967; Test Drilling and Water Quality Investigations of Well No. 13, all by James M. Montgomery, consulting engineers; copy of an annexation study prepared by the Orange County Water District; a copy of the judgment in the case of Campbell v. The Irving Company, Orange County Superior Court Case No. 28524; certain water production state- ments filed by the City of Newport Beach with the Orange County Water District and the State Water Resources Control Board; an appraisal of the property at Adams and Brookhurst by Tait Appraisal Company, dated February 25, 1969; and a preliminary title report on the property. I am informed that the City Council has directed the City Manager and his staff to proceed with the sale of the property owned by the city at the inter- section of Adams and Brookhurst in Huntington Beach upon the basis of my advice to you and Joseph T. Devlin, Public Works Director, during our conference in Newport Beach. My recommendation that the sale would not prejudice any water right predicated upon the city's historical operation of Wells No. 13 and 15 on the property is confirmed by the opinions set forth in this advisory letter. Let me turn to the series of questions which you have submitted to me as follows: 0 Mr. Seymour -2- January 8, 1971 1. What is the nature and extent of the City's right to pump water from the subject property? 2. Can the City sever. its water rights from the subject property and transfer them to another less valuable pumping site within the Santa Ana River basin? 3. Can the City exercise its water rights without the necessity of joining the Orange County Water District? 4. If the pity joined the Orange County Water District, and if there were a shortage of water in the basin, would the fact that the City of Newport Beach does not overlay the basin affect our priority rights for the available water? I recognize that some of the political and economic matters raised in the reports and documents may lie outside the scope of the narrow questions you have submitted, but, if any relevant legal matters have not been touched upon in my discussion, I will be glad to make such further comments as you may request. 1. What is the nature and from the subject property. 's wa There may be little practical value in claiming water rights based upon the city's past pumpage or maintenance of facilities on the acreage so long as your production takes place within the Orange County Water District. The acreage in the City of Huntington Beach is owned in fee simple by the City of Newport. For a period prior to 1953, two wells on the site; designated No. 13 and No. 15, were operated regularly to produce water for domestic and municipal purposes. These are reasonable, beneficial uses recognized by the Water Code. In nearly every political subdivision in California, except the Orange County Water District, the city would have a valid claim for a paramount overlying right to all waters so produced and applied upon the property, (Pasadena y. Alhambra, '33 C. 2d 908, 925; Alpaugh Irr. Dist. v. County of Kern, 113 C. A. 2d 286, 292) and possibly a firm appropriative- prescriptive interest in supplies produced and imported away from tle well site for use through the municipal system. (Pasadena v. Alhambra. supra; San Bernardino v_ Riverside, 186 C. 7, 22 -23; 198 P. 784; Katz v. Walkinshaw. 141 C. 116; 70 P. 663) Mr. Seymour -3- January 8, 1971 Because of certain provisions in the Orange County Water District Act (Chapter 40, Water Code Appendix) these claims may be of negligible value for producing ground water within the district. The application of legislative controls imposed upon extraction and use of water under the Orange County Water District Act have made water rights, as defined in California statutes and case decisions, unnecessary for the pumping of water in the district.. The Orange County Water District Act prohibits production of water from a facility which has not'been registered with the Orange County Water District, or does not have a water measuring device, acts which are made criminal offenses subject to fine and imprisonment (Section No. 24 and 40 -35) or injunctive action. (Section 40 -32). The Act, as applied within the district, lays down the conditions under which waters may be taken from the underground reservoir in the district. The statutory privilege of producing water; needed for reasonable, beneficial use is subject to an assessment upon every acre foot so removed, popularly called a "gross pump tax" (Sections 40 -36 through 40 -31. 5) or "basin equity assessments' (40 -31. 5). The pump tax, presently about $13. 00 per acre foot, has the effect of eliminating the advantage to a producer.who has a long history of water production and use (the basic elements of legal ,entitlements to water under California law. The first -time producer may take as much water as one with a long- established record of pumpage, upon compliance with the district act, and payment of the pump tax. Since the Newport Beach well -field under consideration is located in Orange County Water District, even if you were to start producing water in quantity once again, from Wells Nos. 13 and 15, the pump tax would be imposed upon all amounts taken. The Orange County Water District Act would preclude you from claiming that any of your production is. exempt from the pump tax, even though you might otherwise own a water right under California law. The city may possibly, contend that its past record of pumpage from Wells 13 and 15 has established a right that may be exercised by pumpage from other wells within the Orange County basin. If the transferred right could be exercised from facilities outside the boundaries of the Orange County Water District, that agency's pump tax would not apply. If such sites exist, and the production of water of adequate quality and quantity from them were feasible, It would be advisable to continue to produce in the same quantities as in the past from a new site for the purpose of preserving the pre- existing right. Mr'. Seymour 44- t January 8, 1971 I have conferred with your consulting engineering firm, James M. Montgomery, and asked it specifically to determine whether such sites are available at locations outside the district. As I have poinred out, well location is important, because water rights exercised within the district would be subject to the "pump tax ". Unfortunately, the Montgomery investigations, which will be submitted to you shortly, will report an absence of feasible well fields available to Newport Beach on any site outside the Orange County Water District. I am advised that ample ground water resources of practical value to Newport Beach have been found within the district boundaries, but that none occur outside it. Thus it appears that even if Newport Beach were in a position to claim water rights under traditional legal theories in California, such rights would not be necessary for the production of water in the district. The city, upon compliance with the Crange County Water District Act, has the same right to produce water as every other producer similarly situated within the district, and provided the pump taxes are paid. If any location from which it is feasible for the city to produce water is ever found at a future time outside the district, it possibly may be practicable for the city to claim rights predicated upon its historical pumpage from Wells 13 and 15. For this reason, I have recommended that a reservation of all water rights attached to the site be retained by the city in the event of sale of the property. Although the probability of ever utilizing the rights may seem remote, particularly in view of the long period of non- exercise of the .right since 1953, the reservation may have future application. For the purpose of keeping control of the property, the city would be able to prevent any other person from drilling a well on the site without its permission. I have attached a proposed reservation hereto, in draft form. The principal reason for insisting that the engineers try to locate a site outside the district is that the city has regularly and wisely filed its annual statement with the State of California for many years to preserve its historical groundwater rights from the Santa Ana Basin. Under the California Water Code, the legislature allows a producer which has ceased to extract groundwater, and taken alternate supplies from a nontributary source, to avoid losing or impairing any water righrs. This is a statutory right, founded upon the salutary public policy of encouraging producers to seek supplemental water as an alternative to overpumping local resources for the purpose of protecting claims of right. The applicable sections provide,as_ follows: , 0 0 January 8, 1971 "1005. 1. Cessation of or reduction in the extraction of ground water by the owner of a right to extract, as the result of the use of an alternate supply of water from a nontributary source, shall be and is deemed equivalenr to, and for purposes of establishing and maintaining any right to extract the ground water shall be construed to constitute, a reasonable beneficial use of the ground water to the extent and in the amount that water from the alternate source i s applied to reasonable beneficial use, not exceeding, however, the. amount of such reduction. Any such user of water from an alternate nontributary source who seeks the benefit of this Section 1005. 1, shall file with the Board, on or before December 31st of each calendar year, a statement of the amount of water from said source so applied to reasonable beneficial use pursuant to the provisions of this section during the next preceding water year (November 1st to October 31st), and such user cannot claim the benefit of this section for any water year for which such statement is not so filed. " "Ground Water" For the purpose of this section and for Section 1005.2 means water beneath the surface of the ground, whether or not flowing through known and definite channels.. . . " "The term "nontributary source" as used in this section shall be deemed to include water imported from another watershed, or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section. " "1005.2 Cessation of or reduction in the extraction of ground water, to permit the replenishment of such ground water by the use of water from an alternate nontributary source, is hereby declared to be a reasonable beneficial use of the ground water to the extent and in the amount that water from such alternate source is applied to beneficial use, not exceeding, however, the amount of such reduction. No lapse, reduction or loss of any right in ground water, shall occur under such conditions. " The city's most recent filings pursuant to these provisions have been made annually in the total amounts received by the city from supplies of the Metropolitan Water District of Southern California. For example, the statement of cessation or reduction for the water year ending October 31, 1969, sets forth the total amount of 11,470.53 acre feet. The portion of this total amount that would have been produced from Wells No. 13 and No. 15 in the absence of the non - tributary supplies from the Metropolitan Water District. Mr. Seymour -6- January 8, 1971 Among the documents which you submitted for my review is the judgment in the case of Campbell, et al. v. The Irvine Company, designated Case No. 28524 of the Superior Court of Orange County. The judgment fixes certain water rights of the parties, including the City of Newport Beach, in the "common water - bearing strata and continuous body of underground percolating waters in the Santa Ana River Basin as well as from the surface flow of said Santa Ana River ", and it additionally determines rights in "a surplus of water amounting to 7, 500 acre feet" in a local area extending inland about three miles. This judgment, entered in 1933, provides that the City of Newport Beach has the right and is entitled to pump, take, divert, and transport 700 acre feet annually from the s.urplus underground waters for domestic and other municipal purposes from the Santa Ana River Basin. But the court further ordered that the city's taking of the 700 acre feet of surplus waters in the basin "will not thereafter cause the plane or level of the local surplus waters to be .lowered to such extent as to allow the water of the Pacific Ocean to seep or percolate into the basin. . . and will not thereafter in any ma nner deprive the plaintiffs, or any one of them, or any other owners of land overlying said basin, of any waters which they have heretofore been lawfully taking and using. Paragraph X1I of the judgment permits the City of Newport Beach "to pump, take and extract from said common water - bearing strata and continuous body of underground percolating,waers an amount of water reasonably necessary for domestic and municipal'uses within that portion of the city overlying said Santa Ana River Basin. " Under ordinary circumstances this would be a good and sufficient right. As a practical matter, the ri hts obtained by the city under this judgment are limited by three factors �1) the parties plaintiff do not include the Orange County Water District, and would not be binding upon it; (2) the physical conditions upon which the judgment was based in 1933 probably no longer exist; for example, the surplus waters totaling, 500 acre feet in a zone adjacent to the o9ean have been largely if not completely eliminated by salt water intrusion and overdraft; (3) the right to take all waters reasonably necessary for domestic and municipal uses within the portion of the city overlying the Santa Ana River Basin would have no value in the absence of sufficient supplies of potable water ground waters in basins underlying the city. Under general laws of this state, a producer, such as the City of Newport Beach, may have the right to transfer certain water rights from one production Mr. Seymour -7- January 8, 1971 facility to another within the same common supply, provided no other party is in' red unreasonably by the change. However, as I have pointed out in my discussion of the previous question, there is no advantage for the city to make such transfers of rights within the confines of the Orange County Water District, where all producers, old or new, take water under the same con- ditions and are subject to identical charges, regardless of their legal claims to water. Only if the city were able to transfer a claimed right from the Brookhurst- Adams site for production from a well field situate outside the district would there be a sound reason for the transfer. Any plan to make such a transfer here appears impractical because of the discouraging conclusions of the city's consulting engineer, James M. Montgomery, whose careful investigation of the geology and hydrology of the Santa Ana River Basin has turned up no outside sites upon which the city could exercise rights and be exempted from pump taxes. , 3. Can the City exercise its water rights without the necessity of joining the Orange County Water District? In producing water under claim of right from sites outside the Orange County Water District, the city would not be required to annex to the district. As to extractions from facilities within the district, serious legal and political problems arise. The Orange County" Water District has consistently opposed any pumper from transporting ground waters to points outside the district. In this opposition, its board of directors has relied upon a subsection of Section 40 -2 of the Orange County Water District Act as follows: "To carry out the purposes of this Act, to commence, maintain, intervene in, defend and compromise, in the name of the district or otherwise, and to assume the costs and expenses of any and all actions and proceedings now or hereafter begun to. . protect unlawful exportation of water from said district. Counsel for the Orange County Water District has invoked this provision of the Act upon several occasions as a legal basis to deny any pumper within the district from exporting its ground water to unannexed areas. Whenever any producer has indicated an intention to export waters, the Orange County Water District has customarily required annexation as a pre- requisite to its consent and used all the means within its power as the sole source of supplemental water from Metropolitan Water District to block such exportations. It has persuaded the Local Agencies Formation Commission on occasion to make annexation to the Orange County Water District a con- dition for granting of an organization petition before the commission. In view of this consistent policy of actively preventing the taking of waters from basins within the Orange County Water District to outside areas, I would expect that any attempt by the City of Newport Beach to do so would be resisted strenuously by the district. Upon careful examination, I find no provision of the Orange County Water District Act, which expressly prohibits exportation by pumpers which have . complied with the Act's requirements for the payment of pumping assess- ments. Subsection 7, referred to above, empowers the district only to sue to prevent unlawful exportations. There is no specific prohibition in the Act against the use of ground waters of the district at places outside its boundaries. But it is the district's practice in advising any producer intending to do so, to interpret rules of law developed in the California cases and statutes as a basis of arguing that any exporr�ation is "unlawful ". We should consider the probability of expensive and arduous litigation to establish a right to export any water from the district without annexing to it. Although you may prevail in such a lawsuit, I am persuaded that the district's past policies and precedent would compel it to offer its maximum opposition. 4. overlie the basin affect its priority right for the available water? No. The Orange County . Water. District Act contains no provision against the use of water upon lands which do not overlie the portion of the Santa Ana River Basin within its boundaries. So long as the City of Newport Beach complied with all of the requirements of the Act, such as annexation to the district, and payment of the pump taxes, there would be no legal objection to the use of waters produced from ground water fields within the district and imported to areas within Newport Beach through the municipal distribution system. 0 Mr. 'Seymour -9 0 January 8, 1971 Let me add a comment in response to your inquiry to me about the value of the water rights which have been the subject of this discussion. At present, no market has been established for any water rights which might be claimed by the City. The marketability of an asset depends primarily upon the existence of a buyer who is ready, willing and able to pay a consideration for the asset being offered to him. Purchasers of water rights in Orange County are virtually non- existent. 'As our discussion has pointed out, a right based upon historical pumpage from basins within the Orange County Water District is not likely to be purchased, because all producers pay similar charges upon all water pumped, and there is no credit allowed for claimed rights. In fact, an adjudication to determine base rights which might be exempt from assessment has never been undertaken in the district. As to exercising, your rights outside the district, we have explained the unfortunate circumstance that there are no feasible sites for external production by the City. Moreover, there has been no adjudication which would establish saleable rights there. The record of the City's past pumpage as a foundation for a future right would have value to a potential buyer only in the event that such a right would be legally necessary to produce water, or result, in an exemption from pump taxes. There seems to be little likelihood of such an eventuality today. In view of the remote possibility of a future adjudication, or statutory procedure that may give credit to existing rights, we have recommended the following course: 1. That the City of Newport Beach reserve and except all appropriative- prescriptive rights that may have been exercised from wells No. 13 and No. 15, and -also any overlying or riparian rights that may be appurtenant to the property upon which the wells are located. A form of reservation of rights is enclosed with this opinion. 2. That the City of Newport Beach continue to file with the State Water Resources Control Board such forms as may be necessary to maintain any water rights established by past pumpage which now has ceased because of the importation of non- tributary supplies- from the Metropolitan Water District of Southern California. Your staff has been diligently and competently filing the required forms for "Cessation or Reduction of Ground Water Extractions" and should continue to do so in accordance with Sections 1005. 1 and 1005. 2 of the Water Code. If you have any further questions or require additional comments, please do not hesitate to request supplementary opinions from me. Yours very truly, TAYLOR &,SMITH_ t E FT Edward F. Taylor EFT- .dm Enc. PROPOSED RESERVATION AND EXCEPTION EXCEPTING AND RESERVING from said grant of real property, all right, .title and interest in any and all waters, either appurtenant or non- appurtenant to said real property, and which at any time have flowed or may in the future flow on the surface, or percolate as.ground waters underlying said real property, including any overlying or riparian rights to such waters, and the right to take, divert, extract or produce i i such waters, whether in the exercise of overlying or riparian rights for use on said real property, or in the exercise of any appropriative, prescriptive, or any other non - riparian or non - overlying rights by delivery and use at any place of use within the watershed of the Santa Ana River and its tributaries. 1 , `T u 0 CITY November 5, 3970 OF NEWPORT BEACH CALIFORNIA 4dward F. Taylor, Attorney at Lair Law Offices of Taylor 4r- ,Smith 515 Arrowhead, Avenue, Suite 506 'a Office B= 1125 San =.:- :rnardino, California 92402 Reg :'dtv water rights Dear Ed: The City Council has directed the staff to prcceed with the male of the property owned by the city at the corner of Adams and Brookhurst in the City of Huntington Beach. It is my understanding from the discussion Joe Devlin and I had with you when you met with us at Newport Beach that the salsa of this property would not be prejudicial -to the, City's interest in retaining the water rights which it holds in connection therewith. in order that we may pro- ceed with the sale, it is recuested that you furnish us with a written opinion setting forth your conclusions. it is suggested that your opinion include a discussion of tho fcllowing questions, as well as any other matters which you consider relevant; 1. Yd:at is the nature and extent of tho City's right to pump wate>.r from the subject aroperty? 2... Can the City sever its water rights from the subject property and transfer them to another less valuable pumping ,3ite within the Santa Ana River basin? 3. Can the city exercise its water rights without the necessity of joining the Orange County ester District? 4. If the City joined the orange County Water District, and if there were a shortage of water in the basin, Edward F. s v3or -2- Nove c!r 5, 1970 Would the fact that the City of: Newport Beach does "ot overlay the basin affect our priority rights for t available water? We would appreciate a reply at, -your earliest convenience, as the sale of this property :,.- >.a..ccne a priority item. Yours very truly, TULLY H. SE: ^. =1OUR City Attorney TizS : nth CC. City ManageZ City Clerk Public Works Director 0 JUN � 197U June 25, 1970 By the CITY COUNCIL CITY 4W N"%#VART BRACH Edward F. Taylor, Attorney at Law Law Offices of Taylor & Smith 505 Arrowhead Avenue, Suite 506 Post Office Box 1125 San Bernardino, California 92402 Re: EMPLOYMENT AS SPECIAL COUNSEL Dear Ed: city Hasa 3300 Newport (714) 673 -2110 0, - IA4(0 RECEIVED TAYLOR & SMITH San Bernardino, California JUL 2 1°; ) AM Phi 111 I am pleased to report that the City Council approved my request that your firm be retained as special legal counsel to advise the City on its water rights. Enclosed is some background material for your review, consisting of the following: Report on City Water Wells No. 13 and No. 15, January 1967; Supplemental Report on Future Sources of Water, January 1967; Test Drilling and Water Quality Investigations of Well No. 13, all by James M. Montgomery, Consulting Engineers; copy of an annexation study prepared by the Orange County Water District; a copy of the Judgment in the case of Campbell vs. The Irvine Co an , Orange County Superior Court Case o. certain water production statements filed by the City of Newport Beach with the Orange County Water District and the State Water Resources Control Board; an appraisal of the property at Adams and Brookhurst by Tait Appraisal Company, dated February 25, 1969; and a preliminary title report on the Adams and Brookhurst property. The problem we need your help on is as follows: The property owned by the City at the corner of Adams and Brookhurst in the City of Huntington Beach was originally acquired by Newport Beach in the 1920s as a well site. Water was produced from the wells on the property for many years until salt water intrusion made the water unusable. In recent years, the recharging of the Basin by the Orange County Water District has opened up the possibility that good quality water could again be produced from wells on the site. In recent years the City has become aware that it has a valuable piece of property which is not producing a realistic economic return in its present undeveloped state; the only revenue is from some billboards on the site. The question before the Council is what to do with the property. Re: Special Counsel -2- June 25, 1970 Should it be sold or leased? The City Charter limits leases to a maximum term of 25 years unless approved by the voters. Some of the immediate questions which come to mind are: 1. What is the nature and extent of the City's right to pump water from the subject property? 2. Can the City sever its water rights from the subject property and transfer them to another site within the Santa Ana River Basin? 3. Can the City exercise its water rights without joining the Orange County Water District? After you have had a chance to review the enclosed material, I suggest that you and I sit down with Joe Devlin, our Public Works Director, to define the issues and exchange ideas. The Council authorized your employment as a consultant at the rate of $35.00 per hour, with a maximum billing of $1,000. If this arrangement is acceptable, please sign the duplicate copy of this letter and return it to me. This letter will serve as the agreement for your services. THS :mh Enc1. cc: City Clerk City Manager Finance Director Yours very truly, CITY OF NEWPORT BEACH � TULLY 1P. SEYMO City Attorney I ACCEPT THE ABOVE- STATED OFFER OF EMPLOYMENT: EDWARD F. TAY` R or ; \` Taylor & Smith, Attorneys at Law i CITY OF NEWPORT BEACH CALIFORNIA June 25, 1970 Eduard 8, Taylor, At.to"i y +►t. Law 1-M Offices . of 7 "aylor c; Sai* 50"; ArrOwbead Avenue, Suite M6 Post Offices Rost 1125 San Bernardino, California 92402. Re: 8MPL0YMENT As t nciAL COUNSEL Dear Sdr I am pleased to report that the City Council approved my request that +cur firm be retained as special legal counsel to advise the City an its water rights. Enclosed is some! background material for your review, consisting of the.following: Report on City Water Wells No. 13 and No. 150 January IL%7y Supplemental Report on Future Sources of Water, January 1967; Test Drilling and Water Quality Investigations of Well No. 13, all by James M. Montgomery, Consulting Engineers; copy of an annexation study prepared by the Orange County Water District; a copy of the Judgment in the case of Ca bell vs. a Irvine Company Orange County Superior Court ese Fro:�ein waiver production statements filed by the City of Newport Beach with the Orange: County dater District and the State Water Resources Control Board; an appraisal of the property at Adams and Brookhurst by Tait Appraisal Company. dated February 2% 1969; and a preliminary title report on the Adam and Brookhurst property. The problem we need your help on is as follows: The property owned by the City at the corner of Adams and Brookhurst in the City of Huntington Beach was originally acquired by Newport Beach in the 1920s as a well site. (hater was produced from the wells on the property for many years until salt water intrusion made the water unusable. In recent years, the recharging of the Basin by the Orange County Water District has opened up the possibility that good quality water could again be produced from wells on the site. In recent years the City has become aware that it has a valuable piece of property which is not producing a realistic economic return in its present undeveloped state; the only revenue is from some billboards on the site. The question before the Council is what to do with the property. 0 Re: Special Counsel -2- :June 25, 1970 Should it be sold or lea^ co rho City Charter limits leases to a nsximuaa terra of 25 ,.,;ats ualess approved by the voters. Some o. the immediate questions which come to mind are: 1. What is the nature and extent of the City's right" Lo Pump eater from the subject property? 2. Can the City sever its water rights from the subject property and transfer them to another site within the Santa Ana River Basin? 3. Can the City exercise its water rights without joining, the u,:ange County Water District? After you have had a chance to review the enclosed material, i sugest that you and 2 sit down with ,Joy. Devlin, our Public Works Director, to define the issues and exchange ideas. The Council authorized your employment as a consultant at the rate of $35.00 per hour, with a maximum billing of $1,000. if this arrangement is acceptable, please sign the duplicate copy of this letter and return it to me. This letter will serve as the agreement for your services. Yours very truly, CITY OF NEWPORT BEACH TULLY It. SEYMOUR. City Attorney THS . mh Enc 1. cc: City Clerk/ City Manager Finance Director 1 ACCEPT THE ABOVE - STATED OFFER OF EXPUY M NTt for Taylor & Smith, Attorneys at Lawn