HomeMy WebLinkAboutF-3b - Balboa Yacht Club LeaseC; , Council Meeting
Ag_.ida Item -F-3(b)
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
April 25, 1988
TO: MAYOR AND CITY COUNCIL
FROM: EXECUTIVE ASSISTANT
SUBJECT: BALBOA YACHT CLUB LEASE
jY THE CITY COUNCIL
CITY OF NEWPORT BEACH
A P R 2 5 1988
A P -PRO ED
ACTION: If desired, authorize Mayor and City Clerk to
execute lease with the Balboa Yacht Club.
BACKGROUND: The Balboa Yacht Club (BYC) occupies uplands and
tidelands along Bayside Drive (see map attached to lease).
Most of the property belongs to and is leased from the County
of Orange except for a portion of uplands (4,021 square feet)
which belongs to the City. For many years, (see recitals of
the lease) the County collected rent for the City. However,
when the County recently negotiated a new lease, the City
parcel was not included. The proposed lease is between the
City and the BYC directly.
The terms of the proposed lease parallel those of
the County lease, and include the same termination date, the
same rental rate, and the same periodic rental adjustments.
The County's independent appraisal was determined to have
equal applicability to the City's parcel.
The County's appraisal established an annual rental
rate of approximately 53� per square foot for uplands to be
escalated periodically proportionate to the Consumer Price
Index. Consistent with the appraised rental value and an
intervening CPI adjustment, the City's 4,021 square foot parcel
will rent for $2,371 for the initial year. Further CPI adjust-
ments will be made periodically until 1999 when both the City
and County leases expire.
The City Attorney has determined that because this
land has been leased since 1941, no election is required under
Section 1402 of the Charter.
K NNETH DELINO
KJD: atf
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
April 13, 1988
TO: Ken Delino, Executive Assistant
FROM: Robert H. Burnham, City Attorney
RE: Balboa Yacht Club Lease
You have asked if an election is required pursuant to Section 1402
of the City Charter prior to Council approval of a lease, to the
Balboa Yacht Club, of a small parcel of bay front property.
According to information you have provided, the Balboa Yacht Club
has leased this property since 1941.
In my opinion, the election provisions of Section 1402 of the
Charter do not apply since the property was under lease as of the
effective date of the Charter.
Please call if you have any question,%.
bl5eft H . - Bbtnham
ity Attorney
RHB/jc