HomeMy WebLinkAboutLand Grant - State of California Tidelands1
x
r CHAPTER 49C • + =
H
An act granting cerfain liddands and submerged lands of the
State of California to the city of Newport Beach, upon
certain trusts and Conditions. s`
[Approved May 25, 1919: 1u egect July 25 19101 ' r
r
{;
+
t The people of the State of California do enact as follows.
p SEmo,; 1. There is hereby granted to the city of ATewport n.st
F!
Beach: a municipal corporation of the State of California, and Nm`°
_ to its successors, all of the right, title and interest of the State stud
r
'
of - California held -by said state by virtue of its sovereignty
is
in and tzt,all that portion of, the tidelands and submerged.
lands withitEtbe pre;rnt boundaries of said city, and situated
r.'. , below the line of mean high tide of, the Pacific ocean which '
r'
<"border upon and are in front of the-upland now owned b y '
rr a said city and such other upland as it may hereafter acquire; ye
to be forever held by said city, and by its successors in trust £or N.
the uses and purpose and upon the express conditions follo}c.
.to wit
t.
,.mg,
r , (a). Said lands shall be used b3 said city and by its succes- Coefl
> ,; ,sore solely for the establishment, improvement and conduct of
:
s harbor. and for the establishment and construction of buln-.
it
.-
a Hl.ad9 or Sila'preei6A 0L L?nthtTk.`3'i.3,F �{ 1�, �,-s •`-�
5
.; ..bdun88ries or for:tlle protection of its: harbor ;°and
:t r constrict ion, Maintenance:and' operation thereon -of whar;rs;:�y ,fir :
f;
'doc]ca, a]' and quays, ways and streets ,and other utdltrea m
h -W
. fit wtructures and-appliances neeE nary or Convenient for the grin.;
I tnoUon or.accommodatlon of commerce and' navigation, and J t'
pro of the lands kitOn sand eity.: =And Svd enty of 3js'r y
anccessors $hall not' at anv,'fime grant ; convey, give or ain.ri x,
successors
said lands or any part.thmeof to ang:intlividual, firm dr,rar�
t
` ..'.poration for any purposes:)aha[e�et; prai�ided�'[hat said -city '
or its successors may grant franchises thereon for ,a.period not
i
exceeding twenty -five years for'wbarves and other public uses
,. a a purposes,-and may lease said lands or 'any part thereo4
for a period not exceeding twenty -five years for purposes con = t •
"
sistent with the trust upon whieb'said lands are held by the "
'State 'of California and with the requirements of commerce
,_.
w. or navigation at said harbor.
+ a aem.ue (b) Said harbor shall be improved by'said city without
expense to the state and shall always remain a public harbor
for all purposes of commerce and navigation, and the State of
California shall have. at all times the right to Use; without
charge,' all wharves,- docls,' piers, slips, quays, and other
improvements constructed on said lands or any part thereof,
for any vessel or other water ''craft or railroad owned_ .or':
operated.by the State of California.
y
Ott (c) In the management, conduct or operation of said harbor,
ji
t
or of any of the utilities, structures or appliances mentioned
- in paragraph (a) no discrimination in rates, tolls or charges,
or nn, facilities for any use or service in connection therewith
shall ever be made; authorized or permitted by said city, or
by its successors. The absolute right to fish in the waters of a..
- said harbor with the-right of convenient access to said water
over said lands for said purpose is hereby reserved to the
people of the State of California. •, "+
L.
Y
M.
' EMBIT "A"
�e .y..
,�i '.. -
.. ,.. k..._
.... tr
.- ..
Ch 70) roarY- snvsxra ssetax. 125 ;.. tZ
.. CHAPTER 70
An act granting certain tidelands and submerged lands oj..
is
i
A.1 he State of Californid to the ctty of Newport Beach spas':.
{
7 (certain trusts and conditions + s
imppmved by the Governor April 5, 1927. Iu effect July 29, 19271
- t_
The people of the State of California do enact as follows
SEorioN 1.. There is hereby granted to the city of New -cos
r.
I
port Beach, a municipal corporation of the State of California, Nan
}
and to its successors, all of the right, title, and inthest of the a.•w
I
State of California held by said state by virtue of its rover-
! '
t
eighty, in and to' all of the tidelands and submerged lands
y: bordering npon; in, and under Newport bay, situated below
{,
the line of mean high tide of the Pacific ocean not heretofore
granted to said city or to the county of Orange, to be forever '.
held by the city of Newport Beach and by its successors in trust
for the uses and purposes and npon the express conditions
;..
following, to wit
l
(a) Said lands shall be used by said city and by its sne. U<rc
eessor4 solely for the establishment, improvement and condnet
i 1
of a harbor and for the establishment and construction of bulk
beads 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,
6
docks, piers, slips, qnays, ways.and streets, and other utilities;
b
ZY
structureand appliances necessary or convenient for tb.
[:
ati
promotion or accommodation of commerce and navigon,.
E
and -for the pr
otection of the lands within said city. And said t4
�
k
city or its successors shall not at
ty any time grant, convey, give.
I'
rr
Y.
y -
or alien said lands or any part thereof to any individual, firm,
h
f
or.corporation,for any purpose whatever; provided, that said
E.
city or its successors may grant franchises thereon for b. period
not exceeding twenty -five years for wharves, and other public
uses and purposes, and may lease said lfinds or any part thereof
fer,limited periods, in .,any. event not to exceed twenty -five_
i
years for any and all purposes which shall not interfere with .
1 : commerce or navigation; and are not inconsistent, with the
--
trusts npon which said lands are held by the State of Cah -,
' :. forma or with the requlremeats of commerce or navigation at
!
said harbor.
(b):Said'.harbor shall be improved by said city wrtbont
expense to the state and shall always remain a public harbor
5'
i for all purposes of commerce and navigation, and the State
t�
1
of.Caldornia shall have at all times the right to use, witbon
charge, all wharves, docks, piers, slips, quays and other ="
1, improvement constructed on said lands or any part thereof for
any vessel or other water craft or railroad owned or operated
by. the State of California.
soa=w- .(c) In the management,'condnet, or'operation of said b arbor -
or any of the utilities, structures, or appliances mentioned in
Y.
paragraph (a) no discrimination in rates, tolls, or charges or
y
in facilities for any nse or service in connection therewith shall
o-
ever be made, authorized or permitted by said city, or by its
_
.
r�ap successors The absolute right to fish in the waters of said
Y '. has•bbr with the right of convenient access to said water over
+
re iaid lands for said pnrpose is hereby reserved to the people of
s the Slate of California.
6'—
t
' -
E
R
!t
' — CHAPTER 813. j
An act granting certain tidelands, submerged lands and filled
' lands of the State of California, to the citg of NetnporE
Beach, upon certain trusts and conditions.
- -(ADDruved by t0e Governor June IN 3919. ID et[m[ Auetmt 11. 1929)
The people of the State of Catiifornia do enact as follows
ass SEc'rlorr 1. There is hereby granted to the city of Newport
cletab UDft gm jdBeach, a municipal corporation of the "State of California,
and to its successors, all of the right; .title and interest of the
State of California, held by said state by virtue of.itg cover
eigvty; in and to all of the tidelands, §nbmerged lands and
+_ , filled lands lying within the corporate limits of tbe_'eity of .
Newport Beach, and bordering upon, in slid under the Pacific
ocean, situated below the line of' .higb tide of the
Pacific ocean not heretofore granted to said city or to the
county of Orange, to be forever held by the — y of _v V., )rt
a Beacb,,and its successor r ,rur. r,r the uses and ; s
and upwr the express'et.7i u'rons fr 11 ✓, ang, to vrit i 1
--
••s 'A r'�_ (a) Said _lands shall be used by. said city and by its sue. -
eehsors solely for the estabhsbment;,improvement and conduct a num
h
of a harbor and for the establishment and construction . of pro, m i
t" bulkheads or brc�'kwaters for the protection; "of' lands within «abm
i° its boundaries,' or for the protection of its harbor; and for the
I construction, maintenance and operation thereon of'wbarves,
e
docks, piers, slips; quays, ways and streets and other utIIitres,
C- structures and appliances necessary or convenient for the pro- _
motion or accommodation of commerce and navigation, and
for the protection of the lands within said city.. And said , amity
~ city or its successors shall not at any time grant, convey, give
d. or alien said lands or any part thereof to any individual, fi rm
' or corporation, for any purpose whatever; provided, that said
_ city or its'suecessors may grant franchises thereon for a
period not exce,Aing fifty years for wharves, and other public
Uses and pljrposcs, and may lease said lands or any part thereof ,
for limited periods, in any event not to exceed fifty years 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 bold by the State of California or with
t s the requirements of commerce or navigation at said harbor.
sus MMMW
f k r (b) Said harbor shall be improved by said city without ,punac
♦,,, l :' expense to the state and shall always remain a public harbor euom
for all purposes of commerce and navigation, and the State
of California shall have at all times the right to use, with- _.
out charge, all wharves, docks, piers, slips, quays and, other
.:`improvement constructed on said lands or any part thereof ,
y " for any vessel or other water craft or railroad owned or oper- '.
+ 1. ;9ted by the. State of California. '
(c) In the management, conduct or operation of said harbor
or any of the utilities, structures or appliances mentioned in
+ t '' paragraph (a) no discrimination in rates, tolls, or ,charges
t - ` or in facilities for any use et service in connection theremth -
s , shall ever be made, authorized or permitted by said city, or
- by its successors. - The absolute right to fish in the waters of Rehr
i
said harbor with the right of convenient access to said water
r over said lands for said purpose is hereby reserved to the
people of the State of California. .
nr k
r
r _
WNIB 1T rtin:
r.;t s.
h
J
r i Y
CnArTER 526:
Ali act granting crrtain tideaands and submerged lands iJl fJr3
State of California !o the county of Orange in Bald yiah-
vpou certain trusts and conditions.
- -
-. IApprored May 25. 1919. In Xect July 23, 19101
The people of the State of California do enact as follows
ra.mtm.
SEcT1oN 1. There is hereby a anted to the county of Orange
it to
and to its successors all of the right, title and interest of the
10 iL
State of California held by said state`by virtue. of its sower'
eignty- in and to all that portion of the tidelands and sub
merged lands bordering upon and under Newport bay in the
said county of Orange, which are outside of
the corporate
limits of the city of Newport Beach, a municipal
corporation, .
the same to be forever held by said county and by its succes-
sors in trust for the uses and purposes and upon the express -'
conditions following; to wit:
trrwtw.
(a) Said lands shall be used by said county and by its sac
eessors solely for the establishment, improvement and conduct f
of a harbor and for the establishmeut and construction of
bulkheads or breakwaters for the protection of lands within
its boundaries, or for the protection of its karbor, and for the
construction, maintenance and operation thereon of wharves'
Y
docks, piers, slips, quays, ways will streets, and other utilities
structures and appliances necessary or convenient for the pro-
motion or accommodation of commerce and navigation, and the
=
protection of the lands within said county. And said county
or its successors shall not at any time grant, convey, give or
alien said lands or any part thereof to any individual, firm, or
corporation for any purposes whatever; provided, that said
county or its successors may grant franchises thereon fora
period not exceeding twenty -five years for wharves and other
public uses and purposes, and may lease said lands or any
part thereof for a period not exceeding twenty -five years for
purposes consistent with the trust upon which said lands are
held by th(; State. of California, and with the requirements of
commerce or navigation at said harbor „a *..
- -�
�at
(b) Said harbor shall be unproved by said county without
.
r LAW.
expense to the state and shall always remain a'publie harbor
}
for it purposes of commerce and navigation, and the State of
California. shall have at all tinws the right to use, wi..thont
" 5 ,
charge, all wham rs, do(dc s, piem. slips, quey.. +md otbu
-
- itnprovcmenta ('ot [NJ I'll ctcd nu said loads or any part thereof
uv vtss Ile foa . l
- /
ated b(, the Statc of California. '-
..
_
lu till. ilia ill "'anent. 1 nwluet or uperatim+ .,I , u i.I h:Irlmr, a +p .�� ( �:� .
'.
.+r of any of the .utilities. etrntetams or applian,ae ,,.. otion,fll ern,. et.. -
.
iii paragraph (n'+ no disorimin.itiout in rates. tolls or - hare(• 'I
pr in f:teilitirs for any IL4r or service iu cnnueetiun tborr.cith
shall ever Ile made. authorizcil or permitt .(I by said count
r�
-by Its - tuoecssors. The absolute 1'1_ ✓Ilt to fish it, tll(: % % ;it(-r4 u( R -ein to -
said harbor with the ri-let of conhvenl/ nt JCIIC4 %' to 4:11(1 \ \atl I a h "pd
over said I:mds for said purpose is hereby rl:sl 1 t(-J to, ti
. -
people of the State of California.
I
E °1tzBiIT "D't
t �)
2:
->
CHAPTER 575 �
1 of ati 'act: entitled "An act Oranttny
�- An act to amend section
'oertain'tidelands and submerged lands of. the 'state of Cali-.,
forma to the county of Orange in said:�tade .r certain
.,trusts and conditions," approved May 25, 1919, re i iing to j ,
' the granting of franchises upon, and leases off the tidelands ° .,
'therein granted to the county of Orange., .:'
' f IADProvec aY the Govemor TLay 29 1929... InYet[¢ct'AUFNet IS 3829 7
The people of the Elate of California do enacl,gs follows:,.
GJ
eaa tei9 'SEMO 1. Section 1 of an act entitled "An act o antinm
y'
" certain tidelands and submerged lands of the State of Cah
'Jornia to the county of Orange in said state upon certain trusts
�
and :conditions," approved May. 25, 1919, is hereby, amended
s
F _ to read as follfts:,
: Section 1: There is hereby granted to the county. of Orange `ems m
"and to its successors all of the right; title and interest of the max..
>,M
State of California held by said state by virtue of its sovereionty
...
. ...n
in and to all that portion of the tidelands and submerged lands
bordering.upon and under Newport bay in the said county of
4. Orange, which are outside of the corporate limits of the city of
Newport Beach, a municipal corporation, the same to be forever i
held by said county and by its successors in trust for the uses
and purposes and upon the expiess conditions following, to wit. '
(
-(a) Said lands shall be used by said county and by its sue nmoc'
veessors solely for the establishment, improvement and conduct
G
. ` of a' harbor and for the establishment and construction 'of�
bulkheads or breakwaters for the.protection of lands 'WithM {
its boundaries, or for the protection•of its harbor; and for the
'wbarves,
Construction, maintenance and operation thereon of
docks, piers, Blips, quays, ways and streets, and other utilities,
f;
structures and appliances necessary or convenient for the pro,
motion or accommodation of commerce and navigation, and the..'
4
protection of the lands within said county. And said county
or its successors shall not at any time grant, convey, give or'
alien said lands'or any part thereof to any individual, firm, or
corporation for any purposes, whatever; provided, that said
county, or its successors may grant franchises thereon. for a
period-,not. excceding fifty years for wharves and otter pub
lie uses. and pnrposes> and may .lease. said lands or .any
part thereof for a period not exceeding fifty years for Par-
poses, c onsistent with -the trust upon which said lands are
+
held by the State of California, and with the requirements
of commerce or. navigation at said harbor.
,
I [ (b) Said harbor shall be improved by said county without moro.emma
expense t6 . the state and shall alwaya, remain a public harbor ��`
` "for all purposes of commerce and navigation, and tbo State, of
California shall bave at all 'times the right to use,' withant x'
.
p-" charge, all wharves, docks, `liiers,'•sli ps quays, and' other
improvemeIIts constructed on said lands or any PPart thereof
k for any vessel or other water craft or railroad.olvned or oper. .
,. ated,by the State of California
In the management, condnet or operation of said harbor, sake
or. of any of!the utilities; structures or:.appliances mentioned 1alli'm` t
k ..
IMparograpli ja) no discrim4lation:in'.rates lotto or charges,
' or in facilities for any use or service in Connection therewith v .
`
Bball ever be made, authorized or permitted by said, county, or..'.:.. ; _
by its successors The. absolnW _right to fish in.the waters of rambW
. r;. n
said harbor with the ght of convenient access to sZNwatet
ra
over-,said dands.for, said purpose is hereby roserved to She "Ikf4 j!{
Si eopla of the State of California i
`1
a
EXHIBIT iiEn
t �)
C, - --
nY Iha CITY COU,yCIL /
CITY OF 02T AAACH
I
Audit of the Grant to the
City of Newport Beach
July 25, 1974
•
I-
AUDIT OF THE GRANT TO THE
CITY OF NEWPORT BEACH
JULY 25, 1974
by ELAINE PHEIFER
Granted Iands Auditor
c fP ZO
E
0
L'LIRT'OSE OF AUDIT: As a reavlt of allecations.that the City
of Newport Beach was using its crude oil
to secure Caroline and diesel fuel for
its City departments, the Assistant Exec-
utive Officer of the State Lands Commis-
` lion, directed through channels., that an
investigation be conducted to determine
if tidelands revenue:• were being misused
t on purposes other than those authorized
by the terms of the grant.
t SU101ARY OF FINDINGS: 1. There is no eveidence of misuse of
Tideland oil revenues. When the City of
Newport Beach solicited bids for a new
crude oil contract they negotiated with
the bidders, as a separate contract, to
supply gasoline and diesel fuel to the
City. The royalties from the sale of
-t crude oil were credited to the Tide and
Submerged Lands Fund. The contractor
sold gasoline and diesel fuel to the City
at a contracted price and the City paid
for these purchases with revenues from
funds other than the tideland revenue
fund.
2. Expenditures have consistently ex-
ceeded revenues. During the fiscal year,
1972 -73, that was audited, the City spent
approximately $600,000 on the granted
lands from their General Fund. In prior
i years the City has consistently spent
considerably more on tide and submerged
lands than they have earned in revenues
i
(Exhibit "E ").
3. Revenues earned on the tide and sub -
merged lands art. separately and readily
'+ identified in the Tide and Submerged
Lands Fund (Exhibit "A ").
4. Revenues earned as a result of coop-
erative agreements between the City and
Orance County are those for Lifeguard
Services and the City /County Dock Lease
" widch together totaled approximately
4113,000 For the 1972 -73 fiscal. year.
The City enters into two separate aCree-
,4 meats with the County for (a) financial
aid in providinC ;: ;zfficicnt lifeguard
svrvicen during th,� summer months when
- bevel, nt.tcnuance. if; high•xt and (b) for
lifer, ;card rncrvicer, i:i �inincorporatcd
beach arras within Orrzige County (Exhi-
bit "F").
The dock at Newport Arches 'Marina in
on City tidelands but is operated by the
County. The City receives 35% of the
Cross receipts from the use of the dock
(Exhibit "D ").
5. Expenditures on the tide and submerged
lands are not specifically segregated.
The City does not have an appropriate
allocation system to determine the cost
of City Departments that are servicing
the trust. Direct expenditures on the
tidelands are those for the Marine
Safety Department (Exhibit 'B ") and Cap-
ital Improvements to the granted lands
(Exhibit "C"). These expenses are readily
indentified in the City's records.
6. The City of Newport Beach may be in
violation of the "gift" clause of the
California Constitution and the granting
statutes by possibly giving a preferential
rental rate to the Balbca Bay Club and a
preferential rate for offshore moorers.
These matters must be farther inven*_i-
gated before a determination can be made.
a
J
Audit of the Grant to the
City of Newport Beach
A limited examination of the records of the City of Newport Beach
relative to its operation of a tideland grant under Chapter 494, Statutes
of 1919 and Amendments thereto, for the fiscal year 1972 -73 has recently
been completed.
.i
--^)
,
-.t
COMMENTS AND RECOMMENDATIONS
- j
I Revenues and Expenditures
4
+
A review of their accounting records revealed that the City of
--�
Newport Beach records their direct expenditures for only the Marine
Safety Department and capital improvements. Prior to the 1972 -73
_
fiscal year the city allocated indirect expenditures for budget pur-
--�
poses only. No attempt was made to revise to actuals at the end of the
;iscal year. In 1972 -73 'budget detail was not submitted to the City
Council for the Tide and Submerged Land Fund. All expenses are paid
out of the General Find.
j
The Trust revenues are.maintained in the Tide and Submerged Land
Fund. Approximately 12% (37,718) of the revenues for the 1972 -73
'-
fiscal year were not verified because the records were too time -con-
suming to trace. At the end of the fiscal year all Trust revenues
are transferred to the General Fund by means ,6f a journal entry;
this reimburses the General Fund for expenditures of the Marine'�Safety
Department and for capital improvements to the grant.
Expenditures for the 1972 -73 fiscal year totaled $481,066 and
the revenues totaled 91310,550, an excess of expenditures over revenues
of $170,516. This excess does not include the estimated indirect
expenses chargeable to the Trust. The City has not allocated any City
-,
service charges to the Trust activities.
p� In order to present a more accurate financial picture of the
Trust activities, it is recommended that the City of Newport Beach
`1
establish a separate set of accounts for Trust expenditures. In
this set of accounts the direct and indirect expenses will be
recorded, but before the indirect expenses can be determined, or,
1
1
A4
-i
-
•
0
appropriate allocation system must be established to determine
the cost of City departments, i.e., police and fire department,
public works and other City departments that are servicing the
Trust.
A more adequate system of recording revenues should be estab-
lished to simplify the tracing of sources of revenue.
II Capita], Improvements
The City of Newport Beach does not have adequate records of cap-
ital improvements on the granted lands.. Trust assets are not segre-
gated from City assets. Mr. John Burkehart, Assistant to the Director
of Finance at Newport Beach, submitted a list of budgeted capital
improvement projects from 1968 -69 through 1972 -73 and a list of cap -
"1 italized costs from 1968 -1970.
It is recommended that the City of Newport Beach submit a
complete list of existing trust capital improvements from the
inception of the grant to the present date. The list should
include actual costs, or estimated costs where actuals are not
available, and the date of completion or acquisition.
1
III The Balboa Bay Club Lease
The City of Newport Beach entered into a 50 -year lease with the
.J Balboa Bay Club in March 1948. The Club occupied the premises from
March 1, 1948 to September 1, 1948 rent free, a concession made by
-� the City to enable the Club to build structures and make improvements
a
necessary to the operation of the Club. The original minimum annual
rental was 835,000 per year plus various percentages from 10 to 5%
of the gross receipts. In 1960 the lease -was assigned to Wrather
Investment Co. As a condition of the assignment, the minimum annual
rental was increased to 845,000 per year.
0
In the years 1954, 1956, 1968, and 1971, with the approval of
the City Council, the lease was used by the lessee as security for
various loans, in amounts ranging from 84 million to $13,200,000, for
improvements on the leased property. Information has been requested
from the City of Newport Beach as to the amounts actually borrowed
and how the money was used. The information is presently being assem-
bled by the City and will be forwarded when completed.
Based upon a computation of gross receipts for a nine -month period
ending with September 1972, the City received an average of 3.4% of the
gross receipts of the lease totaling 8196,000. The sources of revenue
on the lease are: gross operating revenue, percentage of all sub- rentals,
sale of off -sale liquor, and a percentage of sales per month by sub-
tenants. The distribution of the revenues is 53% to the General Fund
F_ 1
14
anti 4740 to the Tideland Trust. This distribution is based on the pro -
port.on of the tidelands to the uplands. According to John Burkehart,
the Club is a profit - making organization. The average percentage of
3.110,0' of the gross receipts received by the City seems low.
The question; arising here are (a) whether or not the Balboa Bay
Club is paying a fair rental value of the fair market value of the land,
and (b) whether or not the.City of Newport Beach has violated the "gift"
clause of the California Constitution and of the granting statute by
giving n preferential rate.
It is recommended that an appraisal be made of the land
occupied by the Club in order to determine the fair rental value.
"
Arnold Bjornsen of the Land Transaction Unit in Sacramento has
been requested to estimate the fair rental value of the land
occupied by the Balboa Bay Club in comparison with the going
rates of other beach properties in the area in order that we may
determine whether or not the Club is in fact receiving a prefer-
ential rate that would be a violation of the "gift" clause of
the state Constitution and of the granting statutes.
IV Offshore Moorings
There are 715 offshore moorings on the grant to the City of Newport
Beach with an average length of 30.8 feet. Permits are issued, at no
charge to vessels owners, by the Marine Safety Department for mooring
privileges. The vessel owner constructs his own mooring at an approx-
imate cost of $500. The mooring must be inspected at least every two
-=�
years by the Orange County Harbor District and any necessary repairs
must be made at the expense of the vessel owner. Expenses for repairs
_
average around $100 per year per mooring. The moorings are administered
-
by the Orange County Harbor District. The Harbor District inspects
the moorings annually to see that they are in safe condition. The City
`
of Newport Beach is charged $1.20 per vessel foot per year for these
inspections, at an approximate total cost of $26,000 per year. The
City in turn charges the vessel owners $1.20 per vessel foot per year
i
for the service. Taking into consideration the initial investment,
depreciated over a period of ten years, annual inspection costs and
repairs, the vessel owner is paying approximately $6.00 per vessel
.�
foot per year in comparison to slip rental rates in the harbor at the
City of Long Beach, which are: vessels up to 30 feet - $18.60 per
foot per year ($1.55 per foot per month), vessels of 30 feet to 45
feet - ;20_40 per foot per year ($1.70 per foot per month), vessels
over 45 feet - 721.60 per foot per year ($1.80 per foot per month)
and in the Los Angeles harbor: $19.80 per foot per year ($1.65 per
foot permmonth) at the Colonial Yacht Anchorage and $22.20 per foot
per year ($1.85 per foot per month) at the Cerritos Yacht Anchorage.
Consideration must be given to the fact that the cities of Long Beach
and Los Angeles are renting boat slips and that they maintain and repair
„1
the slips, whereas, in the Newport harbor vessel owners construct,
maintain and repair their own moorings.
L J
1
_ O J
14
0 0
`17ic rpacc occupied by the vcsrcls has a value but further invcsti-
gation and legal clarification is necessary to determine this value
taking into consideration alV of the facts mentioned. Just guessing
at a reasonable rate, $.50 pci- foot per month or $6.00 per foot per
year, the Tideland Trust hind would realize an approximate revenue of
x1301000 per year.
The City of Newport Bcach in giving a preferential rate for off -
shore moorings may be in violation of the "gift" clause of the California
Constitution and the granting statutes.
It is recommended that this matter be further investigated
and that 'a fair rental value be determined for offshore moorings
on lands granted to the City of Newport Beach.
Dctail
Tideland revenues for the 1972 -73 fiscal year totaled $310,550
(Exhibit "A"). Revenues are deposited into the General Fund. $37,718
of the revenues were not verified in this audit; these accounts are
indicated on the exhibit with an asterisk.
Expenses for the Marine Safety Department totaled $390,652 (Exhibit
"B "). These are the only direct expenditures that can be identified as
chargeable to the Trust.
Capital improvement projects on the Trust totaled $90,414 (Exhibit
The net result of these transactions is an excess of expenditures
over revenues of $170,516. This excess was paid out of the General
Fund of the City of Newport Beach. The City did not stipulate that
this money was a loan to the Trust; therefore, the money will not be
-- returned to the General Fluid at a latter date.
Exhibit "D" is an analysis of revenue - producing leases in effect
- in the 1972 -73 fiscal year.
r -' - -, Exhibit "E" is a revenue and expenditures trend analysis for the
past 5 years.
The figures for 1968 -69 through 1971 -72 are estimates used for
budget purposes only. No attempt was made'by the City to revise to
actuals at the end of the.fiscal year. The 1972 -73 figures are actual,
budget estimates are no longer being submitted.
ELAINE PIMIFER
Granted lends Auditor
EP:lar
Reviewed by:
SAM C. COGAN
Auditor
I* to
EXHIBIT "A"
TIDEIANDS REVENUFS 1972 - 73
• Tideland Use Fees
5 11,389.04
-
• Pier Permits
i
12,538.50
Balboa Parking Lot
41,909.75
• Parking - Annual Pass
7,400.00
• Parking - Transferable Pars
3,930.00
• Parking - Special Pass
375.00
• Balboa Restrooms
2,086.27 I
Balboa Bay Club
59.725.25
J. A. Beek - Beacon Bay
J
5,543.50 1
J. A. Beek - Balboa Ferry
7,956.77
Carden - Telescopes
629.38
OrenCe County Lock lease
11,039.05 �
t
Concession - Phoenix (Balboa)
2,130.00 I'
Concession - Phoenix (Newport)
4,245.00
Royalty - Champlin Oil
300617.29
Royalty - Armstrong Oil
1,054.29
Royalty - Carscn Oil
5.323.53
City IifeLuard Services
102,019.00 i
Revenues - Not otherwise classified
638.40 I
1
-
TOTAL. REMIUE - 1972 -73
$310,549.82 j
EXFiI3IT 'B"
MARINE SAP✓TY DEPARTMENT
E X P V D I T U3 ES 1972
73
Salaries
8347,380.13
Automotive
17,882.04
Maintenance & Repair of Equipment
94Q.21
Postage
260.7,0
Publications
188.93
Property Rental & Equipment
20.00
Services, Professional f Technical
221.66
Travel
326.59
Utilities
5,455.60
Supplies
1,022.68
Janitoria' Supplies
267 -74
Maintenance & Repair Mater:iols
21857.76
Special Sup lies
5,309.85
Tools
218.30
General Insurance_
537.00
Capital 0;� tl
Office Equipment 607.10
RollinLr '%ruip,nent 5,92 ? -18
Miccr11- Ineoils 11223.33
TOTAL EXF'::NDITU;:.n 19? - 73 3390,651.73
EXHIBIT "C"
CAPITAL MPROVD4ENT PROJECTS
197? - 73
Groins - Balboa Isle (budgeted 1:971 -72) S 5,067.00
Beach Erosion Control Project 19,260.00
Groins - Balboa Isle 5,443.98
Pilings - Newport & Balboa Piers 33,248.00
Federal Beach Erosion Project 27,395.00
TOTAL DIPROVaIENTS Sgo,413 98
6 16
EXHIBIT "D"
R1WENUF - FRODL'C=IIG —ASES IN EYT -ECT lj'
1972 •- ;'3
Lessee:
Balboa Bay Club
Use:
Any purpose other than industrial
and not prohibited by
law
Term:
y /1/4° - 8/31/1993
Rent:
Kinimum Annual dent: $45,000
-
),o of giros:; receipts not to ex
5 ceed
$750,000
4,06 of gross receipL= in excess of
1750,000 not to exceed
«1,000,000
__.
3% of gross receipts in excess of
K1,000,000
2'o of sale of off-sale liquor
21/12% of first 31,000 sales per month of sub - tenants
2/ of second $1,000 in sales
lyzo of balance
plus percentage.agreeable between
Club and sub - letters
of all sub - rentals, less minimum
rental paid.
Lessee: J. A. Beek, et al
_ Use: Industrial, boat landings, docks and piers
Term: 11/9/27 - 1118152
1/1/50 - 7.2/31/87
Rent: 331/3 of gross receipts
Lessee: county of Orange
Use: Operation of dock through a third party
Te n: 711158 • 6/30/2008
Rent: County shall pay City 35% of all moneys received by
county from all uses of the property.
Lessee: d. A. Beek - Balboa lsl:utd Ferry
Use: ?'erry ser1rice frost Newport to Balboa Island
Term: 713.163 - 6 /30 /198G
Rent: 2;v of groes. receipts under the franchise
1% of the first 'i 100,COO
7.Yi% of excess of 1100,000
Lessee: Carden
Use: Coin- operated telescopes on Newport and Balboa piers
and Corona Del V it
Term: 114onthly
Pent: 40,o of gross receipts
Lessee: Noel 14.
Use: Operate
co
Te rm. 4/1/73
Rent: 4/1/73
1/1/74
1;/1/75
W
and Betty Lou Phoenix
and maintain lunch stands, live bait and tackle
zcessions on Newport and Balboa Piers.
- 12/31/75
- 12i31/73 5550 per month
- 121/31/74 $575 permmonth
- 12/31/75 :4600 per month
Contraetee: Orange County
Contract: # 1460
Purpose: Financial aid to the City to provide lifeguard
services during July, August and September
and /or when the need exists.
Term: Renewed annually
Amount: $67,927
Contractee: Orange County
Contract: # 1459
Purpose- Lifeguard services, provided by the City to unincor-
porated areas_
Term: Renewed annually
Amount: $34,092
Contractee: Carson Oil
Contract. # 1512
Purpose: To purchase at least 12,000 barrels of crude oil
per month from Armstrong Oil, Co., a Newport
Beach producer.
Consideration: 12'/256' of royaltien on the sale of the oil
Term: 4/1/73 - 10/1/73
gzg
i3
N p
0, ED
cn n
\0 3
"y O
• Q9 M
ED
aED
"•t
N z0
O
'd a y
m c*
0 mW
p aw
c* n
w
ca 0 o
N 0
tf O
c x
wm0m
N O
n:1
c "ED
M � y
a
+o y
O F ED
N
,D O 0
* H 0
F.. N
3
G b
lD 0 p O H 0
O -0
"• y O
;a, w ED
"• N CJ.
y ED
m m
n O •l
rt y
ED r J
>: 0 �:
J ) ;.
<: N
1
J N y7
61 N
0
It < ..,
O m o
y y "
\0 \0 •r
V V O
N O'-3
n
th
N
P.
r.
a
E
m
a
w
H
n
N
4
m
tJ
ED
'h
r�
v
U
D1
N
G
\n
N
O
V
N
S
v
\r.
:J
n
\fi
v
r=
H
r.�
v
46
0
H Cnn1yH W 10 M,r,*J= ? =:=1:3O a.:^.1 C'1
z M w 'O 1 a N N al O c+ P. P. '''. F'• <D = I R
w m Y1 c'' �•ED m �Y• "•1 —'`S p F• p y "• •.r"•
H 4 4 ID �+ N O O p a 0 �+ ^' p �+ 7 p O a
m G w m m N IC m (D 1D 0 F•• '1 w C'7
O O w 11--+ 1, E c!m m C .I Z G N N
"h yc'' D "d a "1 Z ' :1 C w w 0 w m
(
H G G P. "• "• a p p w p '1 a P.
N W N C •'U rD 7y�' 7 C7 cn* n ED '.0 iD ED R' n m
P 0 t7 o m+ y U p X 0 0 E`4 RO a v ID
y p' I- < 0 c'' o m Ili "
' w
O O F+- -1 O 0 1 w w n N -N 111 ,D (D
In m W
RS W p N (D a
0 It m c' w P. y 'r1 G w (D
O C 317 P. 7 UI c'' N c' J y (D < N N cr <
N 3. (D O c' cr a ;3 or '1 N• w w N (D
m C-1 O N O v I - , U ' ED ;J R O N n O y O rj
;L m El 01 {U ?I 'J O, N I m M P. C
rJ C 3 ~ C O ::l O
p a w O N w O W a
ED tD y 0 N M ct w
C
P. O w N• '1 �'
ED O m Imn N
N Fn+• y N• C
cr a q y
n
N (D
O N
0
y (]
COO c*
N kJ N
N W � �-j _r- OI Oc N F • N \ �o
H 1 \n N
F \n O N N � IT ca O I,1 :' OD`,n O 1 \CT
-.] O \O CN N r) O EW J Co IN
\n N\1 N
VI-r- Cl OO\O�lO m N
Vt ri
V. �o V N N \n O O \n N \n
N NO N FC�ONNF -j \0 UIN F (T
f pp �N \nO O' O\!t 6OOOO\n \n �QO
N
O \N W N N
J OD N \J1 r \n \ V
\J1 1 ' F O \n V F-I Iii N \n \0 N O
N ' J F I--' .C- z:-,Z) -.] . J \n \0 tT \O IX) O
\n �JI O `.n v \n O O O \J1 vt O \f, cJ \,q \n
N J
N \n N
r
F O`- \N. O
V t V \A Cl I\i P F (b
1
�n VOW\o :1:I10 \n \nIJ \n
cr) \ ' O �\ J-•�O, CTi V n o o n 0V � o F
0 W \A
N CJ O C
a a s a a• a s a• • w a
O, J ~ N O
H
m
b
1
O�
c�
0
C
N
V
N
1
V
D
L
K
CID
C/
i
IH
W
H
H
i
I•:Fd•i0 TO FI;.? � G 09 -02 (j
Fray 31, 1974
SUBJECTi FI D TRIP Fi' O7P -: :•PORT BZkCH, MAY 29, 1974
PURPOSE: Meet with City officials to explain purpose of investigations
and to made nece; wary arraravvents to conduct audit.
3ACJKJRO1P1D' As a result of allegations, the assistant Executive Officer
directed throw;h channels, on mag 14, 19 ?4, that an investigation be
conducted to deter nine if tidelands revenues earned by the City of
Nevoort Beach on its granted tidelands were being misused on purposes
other than those authorized by the terns of the grant. Specific
reference was evade to oil revenues.
FIE:.D TRIP: Rosanna Horton, Elaine Pheiffer and I met at the Newport
Pier at 1:15 P -11. with staff of the Marino Safety Department, Kendall
Jacobean and Dave harnhhar;gar. Hr. Peed, tic Department Director has
been deleGited by this City as the initial contact for granted lands
matters but was unable to attend the meetinG personally.
Harchbar,Cer and Jacobsen were advised of the reason for our investigation
and ir.madiately permitted access to all of their data. They also pro-
vided its with copies of a report "Expenditures and Revenues - -Ocean Beach
Fegional Use Effects, City of TevTort beach, California" and we studied
their proposed budget and actual revenue and expenditure figures for
1972 -73 and 1973 -74 fiscal years. We also discussed the substantiating
data and rc +.hods of deriving figures used in their report and budget.
We next not at the City Hall with GecrCe Pappas, City Finance Director.
_ After explaarinr, the nurpozo of our investication 1r. Pappas cordially
offered access to desired files c,d delegated a member of his staff,
Janice Manning, :a work with us in examining the City financial records.
As a result of the trip the following seems indicated:
1) The City has consistently spent considerably more on tide and
submerged lands than they have earned in revenue.
2) Direct revenues earned on the tide and submerged lands are
separately and readily identified in the City records.
3) Some revenues may be identified as a result of cooperative
agreements with Orange County.
4) Expenditures on the tide and submerged lands are not specifically
segregated.
5) Apparently, some racent City activities have involved oil and
gas agree; nntc that; taken cop r: rely, r;j violate the trust. However,
in looking at the tot;,l tide and cubmer6ud land finar.cicl picture, the
problem moy be one of ,accountir.r rather than misuse. Of course no
conclusions caa be reached anti! the investigation is complete and all
records verified by audit.
A.:::0 TO FILE,, cont.
r "may 31, 1974
G.L.A.P. group has decided to do the following:
• The Granted Lands Representative and the Granted Lands Auditor
will meet with City delegate Manning on June 5th at 1 P.M. to begin
— exa^ining records. The field audit is planned to be finished by the
end of the day, June 7th.
• The field audit will examine the to -ddte portion of the current
fiscal year and the preceding full four fiscal, years.
• The Lethods used by the Harine Safety Department in deriving its
excsnditures ca tha tide and sub=r;ed lands will be reviewed and veri-
fied. If acceptable the methods will be applied to the audit period.
• Each City expenditure will be examined and determination made
as to whether or not it ar,plie6 in whole or in part, to the tide and
submerged land as an offset to the revenue.
• The results of the investigation will be completed by G.L.A.P.
on June 21, 1974, and submitted to the supervisor of the Boundary
Determination Unit.
R;;:lar
cc* J.F. Treat
F.D. Uz�c
Rosanna Horton
Elaine pheiffer
RUY 1:114NICx
Granted Lands and
Area Projects
C II R ONO LOGY OF EVENTS
May 29, 1974 Due to instructions received through channels from
the assistant executive officer, a field trip was
_ made to Nevport.Beach. Roy Nirnick, Elaine Pheifer,
and Rosanna Morton, representing - ranted lands and
auditing staff, met first with Kendall Jacobsen and
Dave Harshbarger of Marine Safety Department, then
with George Pappas, City Finance Director, re pur-
poses of investigation.
June 5, 1974 Elaine, Rosanna and harry Schreiman - discussion of
what exocnditures and what revenues may be attributed
to the trust, with comments on Marine Safety Department
_ Report, Granted lands Statute Summary, Orange County
and Newport Beach reports to the legislature and audit
procedure. later, in Newport Beach, Elaine and Rosanna
contacted Janice Manning, desi.-nated representative
of Finance Department, Joseph Devlin, Public Works
Director.
June 6, 1974 Sam Cogan and Elaine worked with John Burkhardt,
accountinS personnel and records. Rosanna-- photo-
graphs of I1e•.✓gort pier and environs, interviews with
a Jacobsen, Harshbarger, and Robert Reed of Marine
Safety and Captain Iieeres of the Police Department.
Data about police services became unnecessary in
relation to th s audit, out was utilized in examining
possible apportionment methods for granted lands
generally.
June 18, 1974 Additional data collection at Newport Beach, Elaine
and ROSanna. Pappas i:as asked to comply with PRC
Code 7062. Newport Beach had not submitted reports
on its oil, gas and hydrocarbon revenues and expend-
itures ci.nce Fiscal Year 1967 -68.
June 7:9, 1974 Tour of Granted lands and adjacent areas to view
capital, Lrip:cvr.•ment, with Public Works Director
Devlin. Sam, Elaine, Rosanna. Sam was endeavouring
to find out how the city and its CPA based costs of
capital improvements.
July %, 19Y4 :=mine made phone contacts of John Burkhardt, Bob
through 1,y:.n, City Il „Eager and others re Balboa Bay Club,
July 1 _51 1974 r, ooring charCes anci other matters.
July 2;1., 1971 Di:,cuse on of Tina.': auOit report in Newport Beach,
7"; ine, Sorry, Papnis and Burkhardt.
CITY GRANT OF 1919
;Statutes 1919, pale 1011, Chapter 494.)
wct granting certain tidelands and submerged lands of the State
of California to the city of Newport Beach, upon certain trusts and
cc f ons.
(. ;proved May 25, 1919, In Effect July 25, 191;.'
__3ple of the State of California do enact as follows:
SrCTION 1. There is hereby granted to the City of Newport Beach,
a municipal corporation of the State of California, an4 to its suc-
cessors, all of the right, title and interest of the State of Cal --
fo` .. held by said state by virtue of its sovereignty, In and to
_portion of the tidelands and submerged lands within the presen.
- oundaries of said city, and situated below the line of mean high tics
of the Pacific ocean which border upon and are in front of the upland
noi.* o;,n ed by said city and such other upland as it may hereafter ac-
quire to be forever held by said city, and by its successo. ,s in trust
for the uses and purposes and upon the express conditions folloi,__
to -wit:
(a) Said lands shall be used by said city and by its successors
solely for '-he establishment, improvenent and conduct of a harbo_ and
for _.:a es'sL-�'olishment and construction of bulkheads or breakwaters
for
protection
of lands
within its boundaries, or for
the
protec-
t:_,-:
c f its harbor,
and for
the construction, maintenance
and
operation
thereon of wharves, docks, piers, slips, quays, ways ad k`.reets, and
other utilities, structures and appliances necessary or convenie :_'�
for the pro=otion or accomodation of commerce and navigation, and the
protection of the lands within said city. And said city or its suc-
cessor:; shall not at any time grant, convey, give or alien said lands
or :...y )art .;hereof to any individual, firm, or corporation for any
o'poses wh�.tever; provided, that said city or its successors may
M
grant franchises thereon for a period not exceeding twenty -five years
for wharves and other public uses and purposes, and may lease sajd
la._e:s or any part thereof for a period not exceeding twenty -five years
for purposes consistent with the trust upon which said lands are held
by the State of California and with the requirements of commerce or
navigation at said harbor.
(b) Said harbor shall be improved by said city without expense
to the state and shall always remain a public harbor for all purposes
of commerce and navigation, and the State of California shall have at
all times the right to use, without charge, all wharves, docks, piers,
slips, quays, and other improvements constructed on said lands or any
part thereof for any vessel or other water craft or railroad owned br
operated by the State of California.
(c) In the management, conduct, or operation of said harbor, or of
any of the utilities, structures or appliances mentioned in paragraph
(a) no discrimination in rates, tolls or charges, or in facilities
for any use or service in connection therewith shall ever be made,
authorized or permitted by said city, or by its successors. The ab-
solute right to fish in the waters of said harbor with the right of
convenient access to said water over said lands for said purpose is
hereby reserved to the people of the State of California.
-2-
•l
COUNTY GRANT OF 1919
(Statutes 1919, page 1138, Chapter 526.)
An granting certain tidelands and submerged lands of the State
of California to the county of Orange in said state upon certain
trusts and conditions.
(Approved May 25, 1919. In effect July 25, 1919.1+
T:e people of the State of California do enact as follows:
SBCTICN 1. There is hereby granted to the county of Orange
and to its successors all of the right, title and interest of the
State of California held by said state by virtue of its sover-
eignty in and to all that portion of the tidelands and submerged
lanes. bordering upon and under Newport Bay in said county of
Crange, which are outside of the corporate limits of the city of
Yewporz Beach, a municipal corporation, the same to be forever
'— ld by said county and by its successors in trust for the uses
and purposes and upon the express conditions following, to -wit:
a) Said lands shall be used by said county and by its suc-
c solely for the establishment, improvement and conduct of
-_arbor 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,
mainte:ance and operation thereon of wharves, docks, piers, slips,
quays, .iays and streets, and other utilities, structures and
appliances necessary or convenient for the promotion or accommo-
dation of commerce and navigation, and the protection of the
lands within said county. And said county or its successors
shall not at any time grant, convey, give or alien said lands or
any part thereof to any individual, firm, or corporation for any
purposes whatever; provided, that said county or its successors
-1-
may grant franchises thereon for a period not exceeding twenty -
five years for wharves and other public uses and purposes, and
may lease said lands or any part thereof for a period not exceed-
in- twenty —five years for purposes consistent with the trust upon
wh'ch said lands are held by the State of California, and with
t'e requirements of commerce or navigation at said harbor.
(b) Said harbor shall be improved by said county without
expense to the state and shall always remain a public harbor for
all purposes of commerce and navigation, and the State of Cali-
fornia shall have at all times the right to use, without charge,
all *.-:carves, docks, piers, slips, quays, and other improvements
constructed on said lands or any part thereof for any vessel or
other water craft or railroad owned or operated by the State of
California.
(c) In the management, conduct or operation of said harbor,
or of any of the utilities, structures or appliances mentioned
in paragraph (a) no discrimination in rates, tolls or charges,
or in facilities for any use or service in connection therewith
shall ever be made, authorized or permitted by said county, or by
its successors. The absolute right to fish in the waters of said
harbor with the right of convenient access to said water over
said land for said purpose is hereby reserved to the people of
the State of California.
-2-
ACT of 1919 IN RE UTILITIES
(Statutes 1919, page 1012, Chapter 495)
An act granting to the City of Newport Beach, a municipal corpor-
ation, the right and authority to construct and maintain sewer,
grater, gas, and other conduits upon public lands,
(Approved May 25, 1919- In effect July 25, 1919.)
The people of the State of California do enact as follows:
SECTION 1. There is hereby granted to the City of Newport
Beach, a municipal corporation of this state, the right, power
and authority to construct and maintain over, across, and along
the public lands of the State.of California under and bordering
upon Newport bay sewer, water, gas, and other pipe lines and conduits,
and to go upon said public lands to construct and maintain.the
same.
ACT OF 1925 IN RE LEASING
(Statutes 1925, page 269, Chapter 121.)
An act providing for the leasing of tide and submerged lands of
the State of California filled in through dredging operations.
(Approved by the Governor May 11, 1925•)
The people of the State of California do enact as follows:
SECTION 1. All tide and submerged lands lying North of sub.
divslons originally abutting on the mean high tide lines of the
south shore of Newport bay which have been filled in through
"zred;ing operations shall be subdivided and leased by the state
surveyor general at a rental and on terms to be fixed by the state
board of control and the surveyor general. Said subdivision shall
be so laid out that the present streets and lots will be e::tended
north to the south pierhead line of Newport bay.
in the lease of said lands the preference right to lease
shall be given to the abutting property owners for a period of
six months from the date this act becomes effective.
All money received from the rental of said lands shall be
paid into the general fund of the state. The surveyor general
Is heraby authorized to prepare, make, execute and deliver all
Papers, instruments and documents and to do any and all things
necessary to carry out the provisions of this act.
•
CITY GRANT OF 1927
0
(Statutes 1927, page 125, Chapter 70.)
r.• r.•
An act granting certain tidelands and submerged lands of the
State of California to the city of Newport Beach upon certain trusts
and conditions.
(Approved by the Governor April 5, 1927- In effect July 29, 1927.)
The people of the State of California do enact as follows:
SECTION 1. There is hereby granted to the City of Newport Beach,
a municipal corporation of the State of California, and to its suc-
cessors, all of the right, title and interest of the State of Cali-
fornia held by said state by virtue of its sovereignty, in and to
all of the tidelands and submerged lands bordering upon, in and
, ".er ;ewoort bay, situated below the line of mean high tide of the
Pacific ocean not heretofore granted to said city or to the county
of Orange, to be forever held by the city of Newport Beach and by
Its successors in trust for the uses and purposes and upon the ex-
press conditions following, to wit:
(a) Said lands shall be used by said city and by its successors
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
o convenient for the promotion or accommodation of commerce: and
nur_gation, and for the protection of the lands within said city.
And said city or its successors shall not at any time grant, convey,
give or alien said lands or any part thereof to any individual,
fir., or corporation, for any purpose whatever; provided, that said
city or its successors may grant franchises thereon for a period
not exceeding twenty -five years for wharves, and other public uses
-i
£:i.d purposes, and may lease said lands or any part thereof for
limited periods, in any event not to exceed Twenty -five years 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 require -
men'a� of commerce or navigation at said harbor.
(b) Said harbor shall be improved by said city without expense
to the state and shall always remain a public harbor for all pur-
poses of commerce and navigation, and the State of California shall
have at all times the right to use, without charge,'all wharves,
docks, piers, slips, quays and other improvement constructed on
said lands or any part thereof for any vessel or other water craft
or railroad owned or operated by the State of California.
(c) In the management, conduct, or operation of said harbor
or any of the utilities, structures, or appliances mentioned in
para;<aph (a) no discrimination in rates, tolls, or charges or in
facilities for any use or service in connection therewith shall
ever be made, authorized or permitted by said city, or by its suc-
cessors. The absolute right to fish in the waters of said harbor
with the right of convenient accuse to said water over said lands
for said purpose is hereby reserved to the people of the State of
California.
ACT OF 1929 CONFIRMING COURT DECREES.
(Statutes 1929, page 274, Chapter 142.)
An act to establish the line of ordinary high tide in cer-
tain part6 of Newport bay in Orange county, California, in con -
fori:ity with and to confirm certain decrees of the superior court
of the State of California, in and for the county of Orange, es-
tablishing said line of ordinary high tide, and to confirm the
grants of tide lands heretofore made to the city of Newport
Beach.
(£:op:oved by the Governor April 20, 1929. In effect August 14,
.. REAS, The State of California has heretofore granted to
the city of Newport Beach, a municipal corporation, in the county
of Orange, State of California, and to its successors all of the
right, title and interest of the State of California, held by
said state by virtue of its sovereignty, in and to certain of the
tide lands and submerged lands bordering, in and under Newport
bay below the line of ordinary high tide of the Pacific ocean
by acts of the Legislature approved May 25, 1919, and April 5,
1927, respectively, upon the uses,.trusts and conditions set
forth in said acts; and,
V72EREAS, At the tLme of the said grants the line of ordinary
high tide of the Pacific ocean in said bay had not been
established; and,
VHEREAS, Subsequent to April 5, 1927, in actions brought
by the city of Newport Beach against various owners of upland
bordering the said bay and owners of upland constituting islands
within said bay, being cases numbered twenty -three thousand six
hundred seventy -eight (23679); twenty -three thousand six hundred
-1-
seventy -nine (23679); twenty -three thousand six hundred eighty -
one (23651); twenty -three thousand six hundred eighty -two (23652);
twenty -three thousand six hundred eighty -three (23653); twenty -
thrz:; thousand six hundred eighty -five (23655); twenty -three
tousand six hundred eighty -six (23656); twenty -three thousand
six hundred eighty -seven (23657); twenty -three thousand six hun-
dred eighty -eight (23689); twenty -three thousand six hundred
eighty -nine (23659); twenty -three thousand six hundred ninety
(23690); twenty -three thousand six hundred ninety -one (23691);
L,ifenty -three thousand six hundred ninety -two (23692); twenty -
four thousand and twenty -six (214026); twenty -four thousand and
eighty -nine (24059); twenty -four thousand and ninety (214090);
twenty -four thousand and ninety -one (24091); In the superior
court of the State of California in and for the County of Orange,
by judicial decrees, certified copies of which have been duly
recorded in the office of the County recorder of Orange County,
California, said line of ordinary high tide has been established,
to the extent of the respective lines described In said decrees,
and
Wr=A S, It is to the general public Interest that such
line of ordinary high tide in said bay be established by act
of the Legislature In conformity with said decrees above referred
to; now, therefore,
The people of the State of California do enact as follows:
The line of ordinary high tide of the Pacific ocean described
in said decrees aforesaid, is hereby established and declared to
be the line of ordinary high tide in those portions of Newport bay
and the arms thereof set forth in said decrees, and It is hereby
-2-
further declared that the grants of tide lands heretofore made
by the State of California to the city of Neirport Beach.in-
cluded all tide lands whether filled or unfilled bordering
said line of ordinary high tide above described and said grants
Are hereby confirmed upon the same conditions and for the same
uses as in said grants specified.
-3-
r h
•
CITY GRANT OF 1929.
(Statutes 1929, page 1704, Chapter 913.)
An act granting certain tidelands, submerged lands and filled
°:ds of the State of California, to the city of Newport Beach, upon
certain trusts and conditions.
(Approved by the Governor June 15, 1929. In effect August 14, 1929•)
The people of the State of California do enact as fellows:
SECTION 1. There is hereby granted to the city of Newport Beach,
a municipal corporation of the State of California, and to its suc-
cessors, all of the right, title and interest of the State of Cali-
fornia, held by said state by virtue of its sovereignty, in and to
all of the tidelands, submerged lands and filled lands lying within
the corporate limits of the city of Newport Beach, and bordering
upon, in and under the Pacific ocean, situated below the line of
mean high tide of the Pacific ocean not heretofore granted to said
ci'zy or to the county of Orange, to be forever held by the city of
Nev: .Tort Beach, and its successors in trust for the uses and purposes
and upon the express conditions following, to wit:
(a) Said lands shall be used by said city and by its successors
solely for the establishment, improvement and conduct of a harbor
and for the establishment and construction of bulkheads or break -
waters 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, doers, piers, slips, quays, ways and
streets and other utilities, structures and applianees.necessary or
co-venient for the promotion or accommodation of commerce and•navi-
ga,tion, and for the protection of the lands within said city. And
said city or its successors shall not at any time grant, convey,
give or alien said lands or any part thereof to any individual,
firm or corporation, for any purpose whatever; provided, that said
11-
city or its successors may grant franchises thereon for a period
not exceeding fifty years for wharves, and other public uses and
nur-ooses, and may lease said lands or any part thereof for limited
periods, in any event not to exceed fifty years for any and all
-ournoses 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.
(b) Said harbor shall be improved by said city without expense
to the state and shall always remain a public harbor for all pur-
poses of commerce and navigation, and the State of California shall
have at all times the right to use, without charge, all wharves,
docks, piers, slips, quays and other improvement constructed on said
lards or any part thereof for any vessel or other water craft or
railroad oimed or operated by the State of California.
(c) In the management, conduct or operation of said harbor or
any of the utilities, structures or appliances mentioned in para-
graph (a) no discrimination in rates, tolls, or charges or in
facilities for any use or service in connection therewith shall
ever be made, authorized or permitted by said city, or by its suc-
cessors. The absolute right to fish in the waters of said harbor
with the right of convenient access to said water over said lands
for said purpose is hereby reservedto the people of the State,of
California.
—2—
ACT OF 1929 AMENDING CITY GRANT OF 1919
AND CITY GRANT OF 1927.
(Statutes 1929, page 974, chapter 574.)
An act relating to the granting of franchises upon, and leases
of, certain tidelands heretofore granted to the city of Newport
Beach by the State of California.
(Approved by the Governor May 29, 1929• In effect August
14, 1929.)
The people of the State of California do enact as follows:
SECTION 1. The city of Newport Beach, and its successors,
is hereby authorized to grant franchises for a period not ex-
ceeding fifty years for wharves and other public uses and pur-
poses, and to lease for a period not exceeding fifty years for
purposes consistent with the trust upon which tidelands are held
by the State of California and with the requirements of commerce
or navigation, upon, or of, all, or any part of, the tidelands
heretofore granted to the city of Newport Beach under the provi-
sions of an act entitled "An act granting certain tidelands and
submerged lands of the State of California to the City of New -
port Beach, upon certain trusts and conditions ", approved May
25, 1919, and under the provision of an act entitled "An act
granting certain tidelands and submerged lands of the State of.
California to the city of Newport Beach upon certain trusts and
conditions," approved April 5, 1927, any limitation of the period
of years of such franchises and leases, contained in either of
said acts, to the contrary notwithstanding.
ACT OF 1929 AMENDING COUNTY GRANT OF 1919.
(Statutes 1929, page 974, Chapter 575.)
An act to amend section 1 of an act entitled "An act granting
ce= ta-:in tidelands and submerged lands of the State of California
to the county of Orange in said state upon certain trusts and
conditions,1' approved May 25, 1919, relating to the granting of
franchises upon, and leasesof, the tidelands therein granted to
the county of Orange.
(Approved by the Governor May 29, 1929. In effect August 14, 1929•)
The people of the State of California do enact as follows:
SECTION 1. Section 1 of an act entitled "An act granting
certain tidelands and submerged lands of the state of California
to the county of Orange in.said state upon certain trusts and
conditions," approved May 25„ 1919, is hereby amended to read as
follows:
Section 1. There is hereby granted to the county of Orange
and to its successors all of the right, title and interest of the
State of California held by said state by virtue of its sover-
eignty in and to all that portion of the tidelands and submerged
lands bordering upon and under Newport bay in the said County of
Orange, which are outside of the corporate limits of the city of
Newport Beach, a municipal corporation, the same to be forever
held by said county and by its successors in trust for the uses
and purposes and upon the express conditions following, to wit:
(a) Said lands shall be used by said county and by its suc-
cessors 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,
-1-
L.
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, and the protection
of t:.a lands within said county. And said county or its suc-
cessors shall not at any time grant, convey, give or alien said
lands or any part thereof to any individual, firm, or corporation
for any purposes whatever; provided, that said county or its
successors may grant franchises thereof for a period not
exceeding fifty years for wharves and other public uses and
purposes, and may lease said lands or any part thereof for a
period not exceeding fifty years for purposes consistent with
the trust upon which said lands are held by the State of Calif -
ornia, and with the requirements of commerce or navigation
at said harbor.
(b) Said harbor shall be improved by said county without
expense to the state and shall always remain a public harbor
for all purposes of commerce and navigation, and the State of
California shall have at all times the right to use, without
charge, all wharves, docks, piers, slips, quays, and other
improvements constructed on said lands or any part thereof for
any vessel or other water craft or railroad owned or operated
by the State of California.
(c) In the management, conduct or operation of said har-
bor, or of any of the utilities, structures or appliances men-
tioned in paragraph (a) no discrimination in rates, tolls or charges,
or in facilities for any use or service in connection
therewith shall ever be made, authorized or permitted by said
county, or by its successors. The absolute right to fish in
-2
I
the waters of said harbor with the right of convenient access
to sated water over said lands for said purpose is hereby re-
served to the people of the State of California.
-3-
ABANDONMENT OF CHANNEL
(Statutes 1953, page 2585, Chanter 1096)
An act declaring certain lands in the City of Newport Beach,
County of Orange, free from the public trust for navigation and
fisheries and declaring same to be free from certain trusts, uses and
conditions.
(Approved by Governor June 9, 1953• Filed with Secretary of
State June 10, 1953•)
The people of the State of California do enact as follows:
Section 1. The following described lands lying in the City of
idawport Beach, County of Orange, State of California, are hereby
determined and declared to be unavailable for navigation or for any
of the uses, trusts and conditions as set out in Chapter 494 of the
Statutes of 1919 and in Chapter 70 of the Statutes of 1927, respectively,
and said lands are hereby freed of the public trust for navigation and
fisheries and from the uses, trusts and conditions set out in said
respective acts:
All those certain lands described as follows:
Beginning at the westerly terminus of the ordinary high tide line
of the Pacific Ocean in Newport Bay and designated as "North Line" and
north bank.of the Santa Ana River, as established by a decree in Court
Case No. 23686 of the Superior Court in and for Orange County,California,
a certified copy of which decree was recorded September 19th, 1924, in
Book 201, page 253, Official Records of Orange County, California; said
point also being in the former southerly line of the California State
Highway having a width of 80 feet and lying 4.0 feet southerly of Engineer's
Station 683 + 1W,95 on the center line of said State Highway and said
Point also bears south 50 55' 18" east, 1,113.01 feet from the northwest
corner of the northeast one quarter of Section 29, Township 6 South,Range
10 West,S.B.B.& M.; thence easterly along said "North Line," south 600
19' So" east a distance of 577.07 feet; thence south 660 44, 18" east, a
distance of 584.64 feet; thence south 580 28X• 2811 east a distance of
12085.28 feet; thence south 740 17' 11" east a distance of 881.65 feet;
tt:e e south 370 15' 30" east to the intersection with the northeasterly
_o^olongatlon of the southeasterly line of Lot 2, Block 244, as said line
is laid out and shown upon a map of Canal Section, 'recorded in
!-Siscellaneous Map Boor 4, page 98, Records of said Orange County;thence
soutc'hwesterly along said northeasterly prolongation to its intersection
wit the line designated as "South Line" in said decree in Court Case
No. 23686; thence northwesterly along said "South Line," north 37 °.15'
30" west to an angle point in said "South Line "; thence north 740 17'
11" west a distance of 874.01 feet; thence north 580 28c 28" went a
distance of 1,087.96 feet; thence north 660 44' 18" west a distance of
584.00 feet; thence north 600 19' 50" west a distance of 673.69 feet
to a point in the aforementioned former southerly line of California,
State Highway having a width of 80 feet; thence south 830 18' 00" east
along said former southerly line a distance of 102.50 feet to the
point of beginning.
v
M
,G'75 21= feet; thence sc'.:h 7�" 17' 11' east a distance of 861.05 :set;
t'lznce south 37° 15' 3o` east to t o intersection with the northeastern
;,rolorwation of the southeasterly line of Lot 2. Block 244, as said line
_s lsii out and shown upon a map of Canal Section, recorded in
_:leaellaneoas Map Hook 4,. pa,�:e 98, Records of said Orange County ;thence
so•ithweateriy along said: northeasterly prolongation to its intersection
with the line designataal as 'South Line• 1D said dooms in Court Case
No. 23696; thence northwesterly along said aSouth Lin e,° north 370 15'
300 west to an angle point in said 'South Line'; ihenee north. 740 17'
11" west a distance of 974.01 feet; thence north 59° 29' 290 west a
distance of 1,097.96 feet; thence north 660 441 19' west a distance of
594.00 feet; thence north 600 19' 50' west a distance -of 673.69 feet
to a point in the aforementioned former sonnseriy line of California
State Highway having a width of 8o feet; thence south 830.191 00' east
along said former southerly line a dlatanee of'102.50 feet to the
--oint of beginning.
STATE OF CALIFORNIA —STATE LANDS COMMISSION RONALD REAGAN. Gorveor
DEPARTMENT OF FINANCE
STATE LANDS DIVISION
ROOM 305 STATE .BUILDING
417 WEST FIRST STREET
LOS ANGELES 90014
File Ref.: W.O. 7275
June 4, 1969
Ms. Doris George
Deputy City Clerk
City of Newport Beach
City Hall
3300 West Newport Blvd.
Newport Beach, California
Dear Ms. George:
Thank you for forwarding Resolution No. 6985, adopted by the Newport
Beach City Council on May 12, 1969, requesting that legislation be enacted
at the State and Federal levels to prohibit drilling within the sanctuary
area established by the Cunningham -Shell Act and on the adjacent Federal
lands. The resolution will be presented to the State Lands Commission
for its consideration.
It may be of assistance to the City Council to recall that it has received
a grant of tide and submerged lands (originally Chapter 494, Statutes of
1919) over which it may exercise complete administrative authority within
the terms of the grant. Geological exploration permits issued by the
Commission do not encompass those offshore areas which have been granted
without reservation of mineral rights to the State. The grant to the
City of Newport Beach did not reserve mineral rights to the State.
Confirming earlier correspondence, it will be our pleasure to notify the
City Council when public hearings have been scheduled on the issue of geo-
logical exploration permits.
Sincerely,
F. HORTIG
xecutive Of r
r RECEIVED
MY GI.I ' �
:ej {:i C•✓ r�-
♦i
p-
................
CGPIES
SERI it
Mayor
M ...gear
4alurnep
Yuh4ia �'b1�!
Ylan hiq�y UTtlplO)t
{�
Other �
Sincerely,
F. HORTIG
xecutive Of r
r RECEIVED
MY GI.I ' �
:ej {:i C•✓ r�-
♦i
;. AND C11""i GRANT OF 1927.
(statutes 192x, ;.nt.0 974, Charter 574.)
Ar, a,t relating to the gran tir.:. of franchises upon, ans leases
:ertaiti tidelands heret9fh,e granted to the city of 1, eazcrt
•: Peach by the State of California.
(Arr.roved by the Governor Kay 2?,' 1929. 'In effect August':,,..
`�
The Fecple of the State of Rlifornla do enact as follower
SYCTIUN 1. The city of NPwrcrt Beach, and Its successors, -
is hereby authorized to grant franctziees for a period not ex-
^ee ".Snq fifty years for wharves + +nd tither public uses and Fur-
^nee, and to leAse for a period nct exceeding fift'y_}ears for
conaietent with the t .:�t.upon which tidel`thda =are .held
'. 'M State. Of California and %' l G:�P 1 e '1-o ants or commerce
or navigation, Upon, or of, all, 'or any part of, the tidelands
ti retofore granted to the city of :iext:ort ?each u.7der, the prcvl
olins of an abt entitled "An act granting certain tidelands and• `
r,,erged 'lands of the :State' of Galifornla to the City of t;ew-
•trrt Beach, upon certain.trustS and conditions•, approved May
2F, 1919, and Lander the provision of an act entitled 'An act
.crar.ting certain tidelands and e.abmerged lands.of' the State of
forn_a to the city of New- -)rt Peach upon certain trusts and
.'t )r;!i ti !n5, ar.rro eJ.•A "rl1 1,V-!, f'.'.t )" 11.rritat1,cn., of the -
- r0 of 9'121 franclaseit bn i- ;'!i+ t•5, c4 :nte.ined in Zither of -.
aaid acts, to the. contrary.notwithstanding.
do
r
ACT OF 1929 A}fl''•:DING COUNTY GRAN TA CF 1919.
(Statutes 192''x, rage 974, Chapter 5750
An act to amens+. section 1 of an &ct entitled 'An act granting
c +rtn4.n tidelands and aubm•rgtd lards of the State of California
tc t:;e Cc,:nty of Orange In sald state upon certain trusts and
connditions.0 approved May 2F, 1919, relating to the.granting of .
franchlees upon, and leasesof, the tidelands therein granted to
the county of Orange.'
'Approved by the Governor :day ?.9, 1929'. In effect Auuuet lei, 1928.)'
The people of the State of California do enact as followst.
SECTION 1. Section 1 of an act entitled 'M sot Frantin[,
certain tidelands and eubmersed laude of the state of California
to `ha county of Orange in said state upon certain trusts and
.oniitions,' approved May ,.1919, is hereby aw onded to read as
:•ol.ers:
5e()tlon 1. There Ss hereby granted to the county of Orange
n i .C; ' LE 6le ces sore all of the r:c,•`• t, title and Interest of the
3tste of California held by said state by virtue of Its cover -
e.gaty in and to all that portion of the .tidelands and submerged
Ignia bordering; upon and un(ter .Nmwpport bay In the said County of
:)rungs, which are outside of the corporate limits of the city of
`e►nort Beach, .a munioipal corporation, the came to be forever
h.?1:1 by, said colony and by its successors in trust for the uses
ant purposes and upon the express conditions following, to Witt
(a) 8nid lands shall be used by said county and by its suc-
cessors solely for the est.nbliahment, Improvement and conduct of
A harbor and for the establishment and construction of bulkheads
ar breakwaters for the protection of-lands within Its boundaries,
rr for the protection of Its hart.or, and for the construction,
_i -
1'
t! :PreCn cf wh.9rves, doc %s, plera,
wnyo and etreets, anel other utilities, stru^_t':res
�. 1r :1iHnt- a-neeesaary or eenvenl•:nt for the promctior, or
a ^Gnme6,stion Of commerce and na :ji.ation, and the rrotection
[' '.).a lr +nis «S thin said cnuntr. knd paid county or its suc-
cer,ecre shall not at any time grant, convey, give or Allen said
lr.nde cr any Fart thereof to any 'individuals firm, or corporation
any purpcses whatever; pr ovid :d. that said coantp or its
?(. -B MAY grant fraao. lseL thereof for a period not
axree :li ;.g fifty years for w arvoe ar:d other public uses ant
r.�cses; and may lease said lands or any part thereof for a
• :'r� ^,* ezoP*31ng fiat~ yer.rs '�" 11'rones'censistant x*!th
the Calif-
ti-ant urcn which said lands s:e held by the,8tate of Cnlif
sr:-.n, and with the requirements of corrmcrce or navigation
at ea'-! harbor,.
(b) Said harbor shall be ia.'ro��9 uy said county without
exr;er.9e to the state and shall al
remain a public harbor
nil purpcses of commerce arl navlC;ation, and the 5tato of
shall have at all tl ns tl:e right to use, without
*'- .e.:ge, all wharves, docin, piere, clips, quays, and other
1_;)rvrementa constructed on aald lends or any part thereof for
:::,y vnNael or other water craft or railroad owned or operated
5trte of CalifornIA.
(c) In the management, conduot or operation of esi8rcr-
o ^.r, or of any of the utiiit165, atruct :u•ee or appliances Men-
in paragraph (a) no diacr:aa nation in rates.,-tolls or charges,
cr In facilities for any use or service in connection
thr:rewlth shall ever be made, authorized or permitted by said
onunty, or by its.succea'sora. The absolute right to fish in
�G-
40
y
i.
le watt
i
w
2 P. 1v with the
mA hIr....r ., .a
r: M r! convenient aC.Oeve
u.� cenve..i
P.. ^.1:'•
xa.'.er
over BEtid lnn:;n f1:j`
p
Aid is,heraby re —.
..,
I:
=hrv&
to the
people of the y!fi '
Cr California.
CITY GRANT OF 1929s.
(Statutes 192?, page 1704, Chapter 913.)
An act granting certain tidelande,
lards of the State of California, to the
certain trusts and conditions.
(Approved by the Governor June 15, 1929.
The'people of the Otate of California do
SECTION 1. There is hereby granted
submergol lands and filled
city of Newport Beach, upon
..In effect August 14, 1929.)
enact as follows:
to the city of Newport Beach,
a municipal corporation of.the State of Cn7.ifornia, and to its sue-
aessors, all of the right, title and interest of the State of Calla.
fornia, held by said state by virtue of Its eovereigrty, in and to
all of the t delands, submerged lands and fillod lands lying within
the corporate limits of the city of Newport Beach, and bordering
u.Ucn, in and under the Pacific ocoan, situated below the line of
'lean hlrh tide of the Pacific ocesn not heretofore granted to sail
c1t) or to the county of Orange, to be forever held by the city of
Serport Beach, and its successors In trust for the uses and purposes
and upon the express conditions following, to wits
��RRBoe E"' wc� Y, CGDM� CsuE /9r4 aA*P Poi
(a) $ald lands s?All be used by said city and by its successors
solely for the establishment, improvement sad conduct of a harbor
(and,for the establishment and construction of bulkheads or break-
waters for the protection of lands within its boundaries, or for the
, rotection of Its harbor, and for the construction, maintenance and.
operation thereon of wharves, docke, piore, Blips, quays, ways and
streets and other utilities, etructuree -and appliances necessary or
- convenient for the promotion or accommodation of commerce and navi-
gation, and for the protection of the lando within said city. And
said city or its successors shall not at-any tino grant, convey,".
give or alien emid lands or any pert thereof `.o any individual,
firm or corporation, for any purpose whatever; provided, .that said
'i-
elty or Its Aucceesors may grant franchises thereon for a poriod
" not exceeding fifty years for wharves, and other public,usen and
p*jrposee, and may lease said lan! o or any part thereof for limited
.erlois, in any event not to exceed fifty years for any and all
pa.^Foses which shall not Interfere with commerce or navigation and
are not inconsistent with the trusts upon which said lands are held
sy the State of California. or with the requirements of commerce or
navigation at said harbor.
i
(b) Said harbor shall be improved by said city without expense
' -to the state and.shall,always remain a public harbor for all pur-
.gees o; commerce and navigation, and the State of California shall
he.re at all times the right to use, without charge, all wharves,
locks, piers, slips, quays and other'improvement constructed on said
' . 1ands or any part thereof for'any vessel or other water craft or
railroad owned or operated by the State of California.
(c) In the management, conduct or operation of said harbor or
any of the utilities, structures or appliances mentioned in para-
Graph (a) no disoriaination in rates, tolls, or charges.or in
facilitiee for any use or service in connection therewith shall
ever be made, authorized or permitted by said pity, or by its suc-
cessors. The absolute right to fish In the caters of said harbor .
with the right of convenient aoceee to said water over said lands
for said purpose is hereby reserved to the people of the State of
California.
111
Y
1 �
w)' -
ACT OF 1929 CONFIRMING COURT DECREES.
(STATUTES 192% PAGE 274, CHAPTER 148.)
AN ACT TO ESTABLISH THE LINE OF ORDINARY HIGH TIDE IN CERTAIN
PARTS OF NEWPORT BAY IN ORANGE COUNTY CALIFORNI.A� IN CONFORMITY
WITH AND TO CONFIRM CERTAIN .DECREES OF THE SUPERIOR COURT OF THE
STATE OF CALIFORNIAN IN AND FOR THE COUNTY OF ORANGES ESTABLISHING
SAID LINE OF ORDINARY HIGH TIDE2 AND TO CONFIRM THE GRANTS OF TIDE
LANDS HERETOFORE MADE TO THE CITY OF NEWPORT BEACH.
(APPROVED BY THE GOVERNOR APRIL 202 1929. IN EFFECT AUGUST 142 1929•)
WHEREAS THE STATE OF CALIFORNIA HAS HERETOFORE GRANTED TO THE
CITY OF NEWPORT BEACH A MUNICIPAL CORP.ORATION� IN THE COUNTY OF
ORANGES STATE OF CAL.IFORNIA� AND TO ITS SUCCESSORS ALL OF THE RIGHT
TITLE AND INTEREST OF THE STATE OF CALIFORNIA�.HELD BY SAID STATE
BY VIRTUE OF ITS SOVEREIGNTY -IN AND TO CERTAIN OF THE TIDE LANDS
AND SUBMERGED LANDS BORDERING IN AND UNDER NEWPORT BAY BELOW THE
LINE OF ORDINARY NIGH TIDE OF THE PACIFIC OCEAN BY ACTS OF THE -
LEGISLATURE APPROVED MAY 25, 191% AND APRRIL 5, 1927 RESPECTIVELYp
UPON THE USESp TRUSTS AND CONDITIONS SET FORTH IN SAID ACTS; ANDp
WHEREASp AT THE TIME OF THE SAID GRANTS THE LINE OF ORDINARY
HIGH TIDE OF THE PACIFIC OCEAN IN SAID BAY HAD NOT BEEN ESTABLISHED;
ANDp
WHEREAS SUBSEQUENT TO APRIL 5. 1927, IN ACTIONS BROUGHT
BY THE CITY OF NEWPORT BEACH AGAINST VARIOUS OWNERS OF UPLAND
BORDERING THE SAID BAY AND OWNERS OF UPLAND CONSTITUTING ISLANDS
WITHIN SAID BAYp BEING CASES NUMBERED TWENTY -THREE THOUSAND SIX
HUNDRED SEVENTY -EIGHT (23678); TWENTY -THREE THOUSAND SIX HUNDRED .
1 '
t
-1-
seventy -nine (23679); twenty -three thousand six hundred eighty -
' ^ne f236el); twenty -three thousand six hundred eighty -two (23682);
twenty -three thousand six hundred eighty -throe (23683); twenty-
three thousand six hundred eig -t -five (23635); twenty -three j
1,iiusand six hundred eighty -six (23686); twenty -three thousand
nix hundred eighty -seven (23687): twenty -three thousand six hun-
dred eighty -eight (23689); twenty -throe thousand six hundred
aiE�hty -nine (23639); twenty -three thousand six hundred ninety
(23690); twenty -three thousand six hundred ninety -one (23691);
twenty- three thousand six hundred ninety -taro (23692); twenty -
four thousand and twenty -six (24026); twenty -tour thor.eand and
elol-ty -nine (240.99); twenty -four thousand and ninety (24090);
'Monty -four thousand and ninety -one (24091` in the superior
E. c ^urt of the State of Callfornis in and for the County of Orange,
I.
:y judicial decrees, certified copies of wldeh have been duly
recorded in the office of the County recorder of.Orange County,
California, said line of ordinary high tide had been established,
to the extent of the reapeotive lines described in said decrees,
and
WTUAE S, It is to the general public interest that ouch
11ne of ordinary high tide In said bay be established by-aot
of the Legislature in conformity with said decrees above referred
to; now, therefore,
The people of the State of California do enact as follows:
The line of ordinary high tide of the Pacific, ocean described
"in said decrees sforecald, is hereby established and declared to
:•p the line of ordinary high tide in those portions of Newport.bay
and the arms thereof set forth in said deoreea, and It io hereby
' ;I
f
�T�
.f
_ __ .. c_ -v .1 -..
CITY (Lull? OF 1919
?: (statutes 1919, page 1011, Chapter 494r.)
An act granting certain tidelands and submerged lands of the State
of California to the city of Newport Beach, .upon certain trusts and
conditions.
(A *-•roved May 250 1919. in effaot July 25, 1919.)
The people of the State of California do enact as follows:
SECTION 1. There is hereby granted to the City of Newport Beach,
a municipal corporation of the State of California, end to its euo=
cessors, all of the right, title and interest of the State of Celli-
fornia held by said state by virtue of its sovereignty, in and to all
.that portion of the tidelands and suonerged lands within the present '
�ndarles of said city, and situated below the line of mean high tide
I
of the Pacific ocean which border upon and are in front of the upland
.now owned by said city and such other upland as it may hereafter so-
quire to be forever held by said city, and by its successors in trust )
the uses and purposes and upon the eaprecs conditions following,
to -wits Yi9R3O►z eNrRANC _ Wi.y To S.A. AVER - -
0;60 lgZT GRAN, FOR 4040
(a) Said lands shall be used by said city and by its successors
solely for the establishment, improvement and conduct of a harbor and
for the establis=ent and construction of bulkheads or breakwatero
for the protection of lands within its boundaries, or for the protso-
tion of its harbor, and for tho construction, maintenance and ope_ratlon
t',iereon of wharvo , doors, piers, slips, quays, ways and streets, and
cz er utilities, structures and eppliancee necessary or convenient
ror the promotion or aoco lotion of co =eree and navigation, and the
M
protection of the lands within said city, And said city'or its suo-
cessors shall not at any time grant, convoy, Elva or alien said lands
or any part thereof to any individual, firm, or corporation for any
purposes rhatever; provided, that said city or its successors "y
4%L
i'.
w
a
:ant franchisee thereon for a perlcd not exceeding twenty -five years
wharves - -nd other public uses and purposes, and'may lease said
lands or any part thereof for a pericd not exceeding twenty -five years.
to purposes consistent with the trust upon which said lands are held'
e
the State of California and with the requirements of Commerce or
navigation at said harbor.
(b) Said harbor shall be improved by said city without expense
t^ the state and stall always re aln a public harbor for all purposes
or commerce and navigation,
all times the right to use,
clipn, quays, and other inp
fart thereof for any vessel
and t1le State Of.California shall have at
without charge, all wharves, docks, piers,
rovements constructed on said lands or any
or other water craft or railroad owned ar
operated by the State of California.
(c) In the management, ccnducV or operation of said harbor, or of
3nY of the utilitiee,'structures or appliances mentioned in paragraph
'a) no discrimination in rates, tolls or charges, or in facilities
' ^r any use or service in connection therewith shall.ever be made,
COUNTY. GRANT OF 1919
(Statutes 19199 page 1136, Chapter 5260
1 "
COUNTY. GRANT OF 1919
(Statutes 19199 page 1136, Chapter 5260
An act granting certain tidelands and submerged lands of the State
of California.to the county of Orange in said state upon certain
trusts and conditions. - -.
(Approved May 25, 1919- In offset July 25, 1919.1
The people of the State of California'do enact as follows:
SECTION 1, There is hereby granted to the county of Orange-
and to its successors all of the right, title and interest of the
State of California held by said state by virtue of its sover-
oignty-in and to all that portion of the tidelar!ts and submerged
!ands bordering upon and under Nectpbrt Bay in said county of
Orange, which are outside of the corporate limits of the city of .
Newport Beach, a municipal oorporation, the same to be forever
held by said county and by its successors in trust for the uses:
and purposes and upon the express conditions following, to-wit-
(a) Said lands shall be uned by.said county and by its suo
cessore solely for the establishment, improvement aad oonduet 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,
TMialntenanoe and operation thereon of wharves, docks, piers, slips,`
auays,,ways and streets, and other utilities, structures and
appliances necessary or convenient for the promotion or accommo-
dation of commerce and navigation, and the protection of the
lands within said county. And said county or its successors
shall not at any time grant, convey, give or alien said lands or
any part thereof to any individual, firm, or corporation for any
purposes whatever; provided, that said county or its suooessoro
-1-
r
An act granting certain tidelands and submerged lands of the State
of California.to the county of Orange in said state upon certain
trusts and conditions. - -.
(Approved May 25, 1919- In offset July 25, 1919.1
The people of the State of California'do enact as follows:
SECTION 1, There is hereby granted to the county of Orange-
and to its successors all of the right, title and interest of the
State of California held by said state by virtue of its sover-
oignty-in and to all that portion of the tidelar!ts and submerged
!ands bordering upon and under Nectpbrt Bay in said county of
Orange, which are outside of the corporate limits of the city of .
Newport Beach, a municipal oorporation, the same to be forever
held by said county and by its successors in trust for the uses:
and purposes and upon the express conditions following, to-wit-
(a) Said lands shall be uned by.said county and by its suo
cessore solely for the establishment, improvement aad oonduet 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,
TMialntenanoe and operation thereon of wharves, docks, piers, slips,`
auays,,ways and streets, and other utilities, structures and
appliances necessary or convenient for the promotion or accommo-
dation of commerce and navigation, and the protection of the
lands within said county. And said county or its successors
shall not at any time grant, convey, give or alien said lands or
any part thereof to any individual, firm, or corporation for any
purposes whatever; provided, that said county or its suooessoro
-1-
::ay grant franchises thereon for a period not exceeding twenty -
five years for wharves and other public uses and purposes, and
may :ease -said lands or any part thereof for a period not exceed
Inc twenty -five years for purposes consistent with the trust upon
which said lands are held by the 5tats.of California, and with
the.requirements of oomneroe or navigation at said harbor.
(b) Said harbor shall be i;.proved by said county without
expense to.the state and shall always remain a public harbor for
all purposes of commerce and navigation, and the State of Cali-
fornia shall have at all times the right to use, without charge,
all wharves, docks, piers, slips, quays, and other improvements
.constructed on said lands or any part thereof for any vessel or
other water craft or railroad owned or operated by the State of
California.
(o) In the management, conduot or operation of said harbor,
or of any.of the utilities, structures or appliances mentioned
In paragraph (a) no discrimination in rates, tolls or charges,
or in facilities for any use or service in connection therewith
shall ever be made, authorized or permitted by said county, or by
Its successors. The absolute right to fish in the waters of said..
harbor with the right of.convenient access to said water over
-said land for said purpoes is.hereby reserved to the people of
the State of California..
-2-
1
,
ACT of 1919 Z
;; .•,F _'UTILITIES
(Statutes. 1911, PAre
1012, Chapter 495)
!
A,act granting to the City of
r.
Ilevport ➢each, a municipal corpor-
^.tion,_the right and authority•to
ccnetruet' and. maintain sewer,
:e
water, gas, and other conduits
uFon pub 110 land.. - -.:;
I
(Approved May 259 1919-
ic, af fie et July 259 1919.).
he people of the State of Callfr:'
EL do enact as follows:
5ECTICN 1. There Jo heraby F.ar.ted to the City of Nswr'.ort
:h, a municipal oorroratlon
c.f tile. state, the right, power
_.a
Lr.z authcrity to construct and
, : :aln'aln over, across, and .along
lan?.s of the State
_' fernia under and bordering .'
��•sn ,vewi.ort bay sever, xater,
?as, and other pipe lines and condults,
,t
and to -go upon said public lands to,ocrietruat and maintain the
ACT OF 1925 IN AE LEASING
(Statutes 1925, pate 269, Chapter 121,)
An act providing for the leaping or tide.and submerged lands of
the State of California filled in through dredging operations.
(Approved by the Governor May 110 19250)
The people of the State of`California do enact as followss.
SECTION 1. All tide and submerged lands lying North of sub•
divIsIons originally abutting on the mean high tide lines of the
-cuth shore of Newport bay which have been filled in through -
dragging operations shall be auodivIded and leased by the state
surveyor general at a rental and on terms to be fixed by the state
board of.00ntrol and the surveyor general. Said subdivision shall
be so laid out that the present streets and lots will be extended
north to the south pierhead line of Newport bay®
In the lease of said lands the preference right to lease
anall be given to the abutting property owners for a period of
six mon.the from the date this act becomes effeotive.
All money received from the rental of said lands shall be .
paid into the general fund of the state. The surveyor general
is hereby authorized to. prepare, make,.executo and deliver all
rapers, instruments and documents and to do any and all.things
necessary to oarry out.the provisions of this aots .
CITY GRANT OF 1927
Y
(Statutes 1927, page 125, Chapter 700
An act granting certain tidelands and submerged lands of the
State of California to the city of Newport Beach upon certain trusts
e. ^.d conditions.
(Arnroved by the Governor April 5, 1927- In effect July 29, 1927.)'
TI.e people of the State of California.do enact as follows:
SECTION 1. There is hereby granted to the City of Newport Beach, .
a municipal corporation of the State of California, and to its suo-
cessors, all of the right, title and interest of the State of Call-
fornia held by said state by virtue of its sovereignty, in and to
all of the tidelands and submerged lands bordering upon, in and
under Newport bay, situated below the line of mean high tide of the
Pacific ocean not heretofore granted to sail city or to the county.
of Orange, to be forever held by the city of Newport Beach and by
.its successors in trust for the uses and purposes and .upon the ex-
�ress conditions following, to wit:
(a) Said lands shall be used by said city and by its successors
solely for the ostabil"ont, improvement and conduct of a harbor
and for the establishment and construction of bul %heads or breakwaters,
for the protection of lands within its boundaries, or for the
protection of its harbor, and for the oonstruotiont maintenance,
and operation thereon of wharves, docks; piere, slips, quays, ways
and streets, and other utilities, structures and appliances necessary ..
or oonVenient for the promotion or accommodation of oo =erce and
navigation, and for the protection of the lands within said city.
Ardeaid city or its successors shall not at any tine grant, convey,
,;ive or alien said lands or any part thareof to any individual,
firm, or corporation, for any purpoas whatever; provided, that said
city or its successors may grant franchises thereon for 's. period
not exceeding twenty -five years for wharves, andbother public uses
y
sjn�l purposer, and may lease sai4° lands or any part thereof for
limited periods, in any event not to exceed Twenty -five years for
gay and all purposes which shall not interfere with commerce or
navigAtion, and are not inconsistent with the trusts upon which
said lands are hold by the State of' California or with, the require-
cents of commorce or navigation at said harbor.
(b) Said harbor shall be improved by said city without expense
to the state and shall always remain a public harbor for all pur-
n rises of commerce and navigation, and the State of California shall
have at all times the right to use, without charge, all wharFee,
docks, piers, slips, quays and other improvement constructed on
cald lands or any part thereof for any vessel or other water craft
or railroad owned or operated by the State of California.
(c) In the management, conduct, or operation of said harbor,
or Any of the utilities, structures, or appliances mentionad in
,A Tn!YMnnil to nn A4m^"4ml nnPl nn In w.+_o ...11n ..— ..5. ., �— •�
-2-
ABAHDOMK T OF CHANNEL
(statutes 1953, page 2585, Chapter 1096)
An act declaring certain lands in Lhe.01Ly of Newport Beach,
.ounty of Orange, free from the public trust for navigation and
!Snhertes and declaring same to be free from certain trusts, uses and
4. condltlone.
(Approved by Governor June 9, 1953. Filed with Secretary of
State .rune lo, 19530
i'.he.people of the State of California do enaot as follows:
` Section 1. The following described lands lying in the City of
N rwrort Beach, County of Orange, State of California, are hereby
determined and declared to be unavailable for navigation or for any
cf the uses, trusts and conditions as set out in Chapter 494 of the
r. Statutes of 1 1 and in.Cha ter 0 of the Statutes of 1 2
9 9 P T 9 T,. respeotivel
.' -.
q,.
and. ea14 lands are hereby freed of the publio trust for navigation and,'.:::;
%;,
"sheries and from the uses, trusts and conditions set out in said
respective acts:
All those certain lands described as follows3
Beginning at the westerly terminus of the ordinary high tide line
of the Pacific Ocean in Newport Bay and designated as "North Liner in
north bank-.of.the Santa Ana River, as established by a decree in Court
ase No, 23696 of the Superior Court in and for Orange County,California,'
a certified copy of which decree was recorded September 19th, 1928, in
Book 2010 page 2539 Official RecordA of Orange County, California; said
`y
point also being in the former southerly line of the California State
J }
is :. hvay having a width of 90 foot and lying 40 feet southerly of Engineer's
Q stion 683 +40.95 on the center line of said State Highway and said
roint also bears south 50 551 19" east, 1,113.01 feet from the northwest
c-rner of the northeast one quarter of Section 29, Township 6 South,Range
10 West,S.B.B.4 X.; thence easterly along said "North Line,e south 60' a
ly' 50" east a distance of 577.07 feet; thence, south 66. 440 190 east, a
distance of 594,64 feet; thence south 560 26e 280 east a distance of "
?_- �CJyti- 2+�Sd�
r'eyt; thence south 740 17' 11' east a distance of 831.65 fermi,
;':.
t.hrnce south 370 15' 30' east to the intersection with the northeasterly.;
{
o.onaatlon of the southeasterly line of Lot 2, Block 244, as said line
to 1,ii out and shorn upon a map of Canal Section, recorded in
':lecellaneous Map Book 4,.page 9a, Records of said Orange County;thence
`
southwesterly along said northeasterly prolongation to its intersection
with the line designated as 'South Line' in said decree, in Court Case
!to. 236M- thence northwesterly along said 'South Line, north 370 15'
'•'
30' went to an angle point in said 'South Line'; 'thence north,740 17'
11" weet a distance of 874.01 feet; thence north 58° 281 28' west a
distance of 1,087.96 feet; thence north 669 441 18' west a distance of
s
�.
534.00 feet; thence north 600 19' 50' west a distance of 673.59 feet
-.o a point in the aforementioned former.southerly line of California
:
State Highway having a width of 60 feet; thence south 63° 1$' 00'
along said former 'southerly line a distance of;102,50 feet to the
p•olnt of beginning.
F.
I ,9.•
is
i
' .
M.