Loading...
HomeMy WebLinkAbout11/14/1966 Item #I-16CITY OF NEWPORT BEACH CITY ATTORNEY �TMENT To: The Honorable Mayor and �1 Members of the City Council p 0. From: City Attorney HL Subject: Balboa Angling Club lease c S nj November 9, 1966 By letter dated September 22, 1966, the Balboa Angling Club has requested the City Council for an extension of the existing lease covering the Club s facilities at the foot of "A" Street adjacent to the bay in Balboa for an additional ten -year term. The letter was referred to this office for a report on any legal issues which might arise from the fact that a portion of the property under lease is tidelands. The original lease was approved by the City Council on April 28, 1947, for a term of ten years. On October 24, 1955, the City Coun- cil extended the lease for an additional term of ten pears, com- mencing May 1, 1957, and ending on April 30, 1967. The property under lease is described as follows: All that land within the northerly prolongation of A Street, as shown upon a map of Balboa Tract, recorded in Map Book 4, page ll, records of Orange County, California, and lying between the northerly line of Bay Avenue, as shown upon said map and the pierhead line as established by United States Government Engineers. The lease contains a finding by the City Council that the leasing of the lands consisting of State - granted tidelands and City -owned uplands to the Angling Club is not inconsistent with the terms of the trust under which the tidelands were granted to the City. The lease also contains a statement that it is the intention of the Angling Club to construct a building on the leased land which will be used together with the surrounding land for educational, civic and recreational purposes and will be generally offered to the public for recreational, civic and educational purposes. In view of the fact that an increased interest in have been administering legislation which could field, it would seem to gations with respect to lands. the State Legislature has recently shown the manner in which local governments State - granted tidelands and has proposed drastically alter State policies in this be desirable to examine the City's obli- the use and administration of its tide- Tot The Honorable Mayor and Members of the City Council -2- L November 9, 1966 The Legislature has conveyed tidelands to the City in three sepa- rate statutory grants which are summarized as follows: Statutes of 1919 - Cha ter 4' an su merge an s w n t. the City, situated below the border upon and are in front at the time of the grant and may thereafter acquire. a4 - conveys those tidelands ie then existing boundaries of line of mean high tide, which of uplands owned by the City such other uplands as the City Statutes of 1927 - Chapter 70 - conveys tidelands and sub- merged an s bordering upon, in and under Newport Bay, situ- ated below the line of mean high tide, not previously granted to the City or the County of Orange. Statutes of 1929 - Cha ter 813 - conveys tidelands, filled lands lying within e City lim its, and bordering upon, in and under the Pacific Ocean, not previously granted the City or the County of Orange. Each of the above mentioned grants contains the following statement of purposes for which the lands may be useds "Said lands shall be used by said city and by its.succes- sors solely for the establishment, improvement and conduct of a harbor and for the establishment and construction of bulkheads or breakwaters for the protection of lands within its boundaries or for the protection of its 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 tie promotion or accommodation of commerce and navigation, and the protection of lands within said city.... Each of the grants further provides; "That said city or its suc cessors may grant franchises thereon for a period not exceeding 25 years (50 years in the 1929 grant) for wharves, and other public uses and purposes, and may lease said lands or any part thereof for limited periods, in any event not to exceed 25 years (50 years in the 1929 grant) for any and all purposes which shall not interfere with commerce or navigation and are not inconsistent with the trusts upon which said lands are held by the State of California or with the requirements of commerce or navigation at said harbor." The question arises as to whether the use of the property by the Angling Club is consistent with the terms of the trust. The letter �T • Tot The Honorable Mayor and Members of the City Council -3- November 9, 1966 signed by Robert W. Davis, President of the Angling Club, states' that the Club has been active in various civic projects, including sponsorship of the Annual Junior Fishing Tournament which is open to all youngsters in the community; that the clubhouse is used as a meeting place by various community organizations; that the Club facilities are used during the Spring Summer and Fall for the purpose of weighing game fish caught Ly the general public and that no charge is made for this service. Until 1959, most of the cases dealing with the subject of the ex- tent of the use to which State - granted tidelands can be put involved the use of tide and submerged lands for the development of large ports and harbors, accommodating oceangoing vessels and commerce. (Oakland, Los Angeles, Long Beach, San Dieggo). Some of the uses in connection with such harbor development whic have been held to be consistent with the trust are as follows: Wharf and yacht clubhouse - Oakland v La Rue Wharf & Ware- house Co. (1918), 179 Cal. 2 7 . Extraction of minerals, oil, gas-and other hydrocarbons when not done in such a manner as to "impede the use of the harbor - City of Long Beach v. Marshall (1938), 11 C. 2d 609. Warehouse constructed in furtherance of and in conformity with the general scheme or plan devised for the improvement of the harbor - City of Oakland v. Williams (1929), 206 Cal. 315. Privato wharf not injurious to the harbor or an inconvenience to commerce - Pacific Coast S S Co v Kimball (1896) 114' Cal. 414 (Monterey); re0VLe v. Monstac kLVIUr, 209 Caf. 658 (Redondo Beach). Convention, exhibition and banquet halls for use by trade, shipping and commercial organizations - Ha ert v City u�Oakl nd (1958), 161 C.A. 2d 407. (Does not nvo ve tidelands, language of the City of Oakland charter which was being considered by the Court is similar to the language con- tained in the tidelands grants.) The foregoing cases indicate the Angling Club pursuant to with the trust purposes cont, THStmec cc - City Manager City Clerk to me that the use of the property by the terms of the lease is consistent wined in the tideel�ands rants. Tu11y At . Seymo City torney