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Home My WebLink AboutC-1917 - Memorandum of Understanding re: Access Over Lido Beachillari denied any any kind with ipower tx °4,'old steuggiev of the Its fir- wind tape of 11N.Wo ter and its trials as In growing to .y standing of a it nfillion- dollar The company ,000 stockholders I holding held by on is only three ch, of coarse, is un of imtIt1041011. i Ivasfing travelled through yards and were' the sight of acre grapes left to rot although some may have b n that mach 1 s oC being s eezed Ii liquid. ,Grapes 1 the market this ,mans might help by eating and ouch of ihv pro - ible, ilm, aiding y, the heart if the \cw'spapers 'has, Pierson. for ty director of the was eulogized by as the man who IN to enlist the e new,papers for This has been ay of advertising for years, and •fyes file press of who live bait boat business, aI would shortly put a fleet the Newport pier. He has already launched the Dora ba it f -ere, M and expects to have two more more boats ready by De- i"lls'n numt (ember. here ! O. A. Ozenne L= cpera.ting The sport Sunshine, which is now in its sec - I Tht and year in taking out fishing coast parties. Both brothers will run state( their vessels through the winter. �ing it Ross Davis, who recently launch - with wt th., rxornta to eoatia- IFebru MAP Of LIDO Al ISLE PASSED ile BY COUNCIL TI:e snap of Lida Isle which hall been the subject of discussion for! some time between the city coup -, -at 'alsl aq1 Io saadolanap PUB '1131 ceived official approval last Fri day night at a special called meet- ing of the city truatees. Lots at end of each street will rtdit for a great be deeded to the city. also x(,me �0 success of the lots in the center of the 1,1e, which fornla Edison Co. It is planned to plant whh shrub -1 — bery. The Lido Isle, associationl to correct an Im- wish to control the planting so+ Dick Patterson, that a uniform appearance may be is possessed of had. In return for the deeded rsute adornment. Ijtroperty, the city agrees to lease Scln at appeared in the the Isle to the developers over a ' Tuesd. iich seemed to link � perlod of fifty wear, at it rental; horny feller be- ; of $1002 per •. -e:u. The power to, granm ?I c•nd the lease at any time if pro- 'lay lcM �lia.ons are broken, will rest with () Em L. PATTF,RSO \, I the couueii. -1- it Superintendent. I City Engineer R. L. Patterson ut (.r tl:c tit rt Reach, California . was instructed to iirrsent the map' at 6, 1::, 20, 27. 1923. of Lido Isle to the county super - ,in gain c '\ visors, and when approved by the I Mr. -mss surveyor and supervisors of the year . v county will be placed wr record. H. C Bowman representing W. were additit OC. Sparr of Corona del Mar, placed and e, i(•(�" before the council a of pro- will li posed improvements for that sec- or t hi will h. Ition of the city. The sketch will tunity be handed to the planning tom- who u mission, who will make a report to (3111 ci - — the council. who t The Golden State Holding com- have f. party requested Permission to fill work. (In tide land in the bay between hiss Newport Harbor Yacht Club and'Capisti LS SPEAK AFOOT Lido Isle. The application was de -, science iDEN OF FASHIONS nied as the council decided that by the oil. DANCER IT LOOKS LEAVE ALL filling in the channel would o¢ly;elsewh tO trBLES AT HOMt I have a width of 15J feet which in The their opinion would be insufficient follows to allow the passage of boats. grade his isn't Engineer City Clerk Alfred Smith was Bryan, ve will give a year's ordered to pay $150 for [he audit -, derson, I to the first, person Ing at t -`.c nity books, done by R. D., Hemen asset to whom the Crenshaw of Santa Ana. Baker, less belongs. — -- �9. Pori — Mr. and :Mys. H. Y. Willfamaon :beth H re Department and family motored to the Orange'G, Will 1. Lewis as chief; O. County Fair last week where theyljor'e P assistant chief: spent the day. They enjoyed the IE, And Winkle as captain exhibits, but found they bad chosenlL. Gila es Dunn as secre- a hot day to spend inland. Preble, rer, Costa Mesa's fire fighting organ- — * - - -- --- - --- Last Showing of Loea s started last Tues- . We congratulate o n their appoint- Scenes to BC the Community- of a for having Such service. When these On Monday evening, September shown 1�`elp, turn out 17th at the Balboa Chapel and on y fire depart- Tuesday eventng at the Newport at Neh One can all be Methodist Church there will be LIDO ISLE TO CELEBRATE 1 FORMAL OPENNG ON SUNDAY ! '1'h• iinrst *pmt of vooperaUoo The formal opening of the Yacht is 1%, it Li Newport Reach with )Club will be presided over by John xvrliog every ,ttort to, P. Elsbach, developer of the Isl- eumpbt the ftnlatdng work on the and, with Wm. Clarke Crittenden Lido L :1.• 1'arht Clubhouse by Sal -'of San Francisco, who will also be urdas night ready for the formal' present. Mrs. W. K. Parklason, opening on Sunday, the 8th. This owner of the Island until . taken' will mark the beginning of a de- over by Mr, Elsbach and Mr. Crit -' vemgpnt,•ot program which will run tenden, will be the guest of honor into millions or dollars. It for the opening event. The Mayor will evtahlish a new area on a very of Newport Beach, G. V. Johnson, 1, high plane of development as Hit of and the members of the City Court- the construction on "Lblo" will cil, together with their wives, will be M, d11,•rrauean In design. This be present on this occasion. In- allo%� a liberal range ill form and vitailons to a large number of color "title retaining complete bar- prominent people have already been mouy. walled and there will be a great Maury of tike most prominent of, gathering of notables present for Soutborn calltornia's leaders In this celebration. social and financial rtrcles have After Sunday, the "Lido Isle" already made reservations and will Yacht Club will be tq regular terv- buiid homes and residences In this ire, and visitors will have a Wells- choice region. Fach lot-owner will, did opportunity of seeing the Ie1*04 with the purchase of property on from the bigh tower, which Is a the Island, automatically become landmark of this Newport Say dim a member of the Ligo Isle Ysabt1 trict aid to tttlsrrit. 11114 lAakt without the PRY11 111,1lf plalhl a►:.t � ' 35: IG Z pt Z aE al Ono�adl Zla P.Z 47 b 0 PO4 > ,all W CSC LL-i W Fs co LZJ cloo LA..J 6A—J Cm. Z er >1 .A 4) po 0 C,05 C.D C.;p C.03 Li—i Q iEo t �,t -E BS -ding dca- e In rice, new piles lFD re. day of Vice ear and son, the the In Is not Ilea ter - In¢ J.:re _-, 1C Q ttsai the Papa Tilt ►Ids la t� Notts bS the naterside at Lido Isle are INlgne in that their owntrs rally hate their town liters Alan taunts on utr slur, •'ll...,...'.. oP this protected harbor. V Viz S: e d.l U= B H o, of,; Nit 6 :J or 111, Mt anc in day OVf SYsl tin Yo :an ppri' loll to you for No con Vic( Islaml autolllatically becOules a yachts clay lift), ❑ltd yet w'h „re %,:(G- kill\ \II !'ifv 1':;+!111'.L' !orles p Santa A IFront na I The proposed ferry front I11,,, rrmaln 901 thr Reuisterl Cunstl'nction w,.ik an IIle rain -. fit tt'e.I ,ourr.de Jo!ly' 0n thr ,]Xten'It' ei!4 of 1!1•' r!Ilr;All, to Nrwpurt h:,r6nr has 6•.en ea All Pletud. The gn +und !",!s :nled up all l all Ili,. I, l J have L,.,n I'lac,.q ah!nn the 6.11 y'. K [O f2aC \\ Phol', rnlltl'u c'lnl'. 'Pb! it %. cast e1- 711 'tNM;:;l,-Ic :A (Ural UI I)pnAl tons, UI' IlMO ; Il:en 1" toll n.nuu Now -~ Personality Plates Our new method of impression taking insures you individual personality in your plates J.A.B Island soak i1-ate Avenue and s.j pest Islam CASH OR T! Phone Newpol arbor Jett aided 11'r litlsl;:lnd Anlar in nuuu,rnus duties, and Iherehv him fill Lon ;Lido Isle to number of the Lido Iele ('omnwu-'such entrancing ;told healthful sect, otter visit, nu4 ra r,dul still DI+ block ly' Association w' Icl wl 1M�'•e!sports as ewinuuing, aquaplaning, of all the furenlo,i '.c.il: ring leac.'s fires. Have Preview rr p�ernlanetu supervision of iestric- boating, sailing, and fishing may of Europe• a; well U,?II F!i!1 w';n cr. AJ rear, r[ions and will own mid ..!!ntrnl all be enjoyed by all. Owners of water on lit!' .At:auti. l'o;i st and jar �� t Next Sunda.; cmnmunily beaches. Parks and rr- front lots on the still warm waters'. �colorli along the. inland w'aterw'ays of the save creational eoui vneui the is anll Alt the bay will own and control eastern states. His plan eon1bines t with Brack _,_ .rn .'x<,ept Inat iu private hands. Nolle_ their beaches And m:q' Treat (heir, novelty and Vrarticabllit y. auto. If'oulinuad from Page 1.1 '”! tote Lunr uiry ur:n'ues win veer individual piers. float, and nmor - Harry Wekh and David .%filler; PiP Is Fr and San Diego, and' oc available for iu!lisc' rinlinalr pnb,; inKs for small blctl s. Moorings far toff in charge of Ihr Oran{:e Iotulty isyl, ll(fsco -efore feel that what we are tic use. � � rr vacht> may also be secured off; ,,s of .john P. F:Ishach in the 550 ! we the will undoubtedly: A,,r all island own, i s in close pros -! decl•lupmrnt oC Lido T =6• awl will planning pore Lido Ish• dw, ll!•rs h!. v.' exelus',v„ imily to tlu.ir Lidu Ise: honu�s. he in Position In gicr d,9aih'd Ilt- ;little- rr, ap, In'' homy valuer. that will ......trod of Alton• 111:111 two :1101 tiro.- fnrnlatiOn :0601,1 nL'mbelships in, baker rise to hoights IL0lVt0fore unknown half mils of lvLitc <;nld 1),,A, I,., The general Plan fur the island' the Lido Isb' P:,oht Club which tore \ash ,•veto in Southern California" nn Gill a'alor whirr nornnening was drsigw•d by F'ra n'i I {. a'dlu�.� htblo lot :tool iii777 �.. Each Pmperty nw'ucr nu the .. — only N, ulveu,l's �. . are 1101 for sell` at any price. !orles p Santa A IFront na I The proposed ferry front I11,,, rrmaln 901 thr Reuisterl Cunstl'nction w,.ik an IIle rain -. fit tt'e.I ,ourr.de Jo!ly' 0n thr ,]Xten'It' ei!4 of 1!1•' r!Ilr;All, to Nrwpurt h:,r6nr has 6•.en ea All Pletud. The gn +und !",!s :nled up all l all Ili,. I, l J have L,.,n I'lac,.q ah!nn the 6.11 y'. K [O f2aC \\ Phol', rnlltl'u c'lnl'. 'Pb! it %. cast e1- 711 'tNM;:;l,-Ic :A (Ural UI I)pnAl tons, UI' IlMO ; Il:en 1" toll n.nuu Now -~ Personality Plates Our new method of impression taking insures you individual personality in your plates J.A.B Island soak i1-ate Avenue and s.j pest Islam CASH OR T! Phone Newpol arbor Jett aided 11'r litlsl;:lnd Anlar in nuuu,rnus duties, and Iherehv him fill peninsula I!t I;oek >' I'!dut into} soon be a reolity. Thanks to the � Construction ing hcrs,.lf it, lit r prcacnt i,lAtiun. Nil-, unto >I rs. l':n9 Mach; and it( of our Kcal Fulton. .. Pioneer liealtor. !orles p Santa A IFront na I The proposed ferry front I11,,, rrmaln 901 thr Reuisterl Cunstl'nction w,.ik an IIle rain -. fit tt'e.I ,ourr.de Jo!ly' 0n thr ,]Xten'It' ei!4 of 1!1•' r!Ilr;All, to Nrwpurt h:,r6nr has 6•.en ea All Pletud. The gn +und !",!s :nled up all l all Ili,. I, l J have L,.,n I'lac,.q ah!nn the 6.11 y'. K [O f2aC \\ Phol', rnlltl'u c'lnl'. 'Pb! it %. cast e1- 711 'tNM;:;l,-Ic :A (Ural UI I)pnAl tons, UI' IlMO ; Il:en 1" toll n.nuu Now -~ Personality Plates Our new method of impression taking insures you individual personality in your plates J.A.B Island soak i1-ate Avenue and s.j pest Islam CASH OR T! Phone Newpol ANAI17 Completed a'hildron of liollywoud. were guest' of their parents Mr. an6 Mrs., F. D.•beon ',It. and Mrs. here for 'Pilo;;. Iluerney have o week at their cot- t ` Digges, tage on Farnleaf. They expect to !orles p Santa A IFront na I The proposed ferry front I11,,, rrmaln 901 thr Reuisterl Cunstl'nction w,.ik an IIle rain -. fit tt'e.I ,ourr.de Jo!ly' 0n thr ,]Xten'It' ei!4 of 1!1•' r!Ilr;All, to Nrwpurt h:,r6nr has 6•.en ea All Pletud. The gn +und !",!s :nled up all l all Ili,. I, l J have L,.,n I'lac,.q ah!nn the 6.11 y'. K [O f2aC \\ Phol', rnlltl'u c'lnl'. 'Pb! it %. cast e1- 711 'tNM;:;l,-Ic :A (Ural UI I)pnAl tons, UI' IlMO ; Il:en 1" toll n.nuu Now -~ Personality Plates Our new method of impression taking insures you individual personality in your plates J.A.B Island soak i1-ate Avenue and s.j pest Islam CASH OR T! Phone Newpol oml yo PM E 4) O Rr AR L.6..J MM L." C'.7 L�X O Q.5 PM E 4) O Rr AR L.6..J MM L." C'.7 L�X eb iD L4 LM ® C-= COD 'c= COOD Q.5 COZ eb iD L4 LM ® C-= COD 'c= COOD PNO LA.J :Xj d 9 ME: coo.) s' 0 Z, C, 0 0 -0 go Q:t:o. 0._ W, Xw OE Z W 00 E Q�. .t.- , - 9 PO C-00:) 2F OPM E� 0 � 0 0 Cy -vc 00 ... 1 C,E'. mr z cooz c» mad C.D mm Lj" L.L-J LZ �.i L.&.J ------------ ME: ;i ;A z z - -------- - - q z 0 / qtc Z,- .CITY COUNCIL INSISTS LIDO ISLE GIVE STREETS TO PUBLIC r r+ V call r ., r pie of th.i � ir.ry ,r1 li,.:. .: r• • url to h. drrlira(.,I I,r i'ii }' all, H m'n1.�' 'i'hnmgcr it grain f. 1d (hat the ouj .huul,l ha �, pub _______ lie Lr:rrhr :nni ar .. 1r. tq.• w'a 4•r Alir'r ronelderable -r o:tro%sr,j . 1u III III t,irr r..'ut«rw for Ilu• 1,- .'Irnut. n, alrn6 I"I,, v.: l I11:f rrl +hl •betw•a o m JiAb 1'unnr;nian. arclH !and ow. rn. Patterson ins isl e•, Ih;,t 11w I'l, ire: to h, en uu..... feet 1r1 citt of Lido l +kr. a:1.1 that i)m I I I V .1, ou41 here ae('o>'l III Ii l r'1'1 xud that >ur'I, a III"jrrt m «mbar,, of the .Ity roused, Ihr to the kat,r N'title t'onzel 111:111 ran `"1110 i:ol 1, 1ompLrl .,i If I)r• rite hard drrbl•d that at felt ,$x LaWrd Ihfr, r nub' h1• gone hr Kraft! 119 o .11 Oil elrn t ,•tld,:. TO, nmpnr rstr,,t ends must be dedicated to Lug eusentr•nts to earl• free nivlall xaid (hat the, pi'r:.•ni slap w;rs ou Ih fir.( uw' ytA.• puMlr use and rent the plane :11iou of lmbiir nliliifr+ firrfy different (rum r• .tack for currec(lon. The council, A( 11111 pal nt n it]( ;Ir b, 4214 that no public br .however. assured t'ontelmsa that Iween ConmAman and t'ouuritmau "P Parr ni now' It was ready at any time to call aj lillmsr, who had asked fit u cour t'oluu ilwat, I'lli if >,1id Ihat six ..pedal nieetlrg ass approve the •leous w'ay for the chanx,ii. bui street ends had be, 11 promised, j map fa order to not hold up the lL'nns «Imuus retort Interred nark aithat access to the wafer was Im•I tmDtoves(rot work. move was not bus(nensI Ike . Portent and that it the city later MY Xngfneer Patterson, after) Mayor Johnson then wonted to had to cnnd«mn .street ends It emailning the map presented, Bald know what became of the first would he ezpensive. ,Ies rodsntood certain street ends map prevented to the board and in The council Insisted that six 1s►a to be dadkated to the citq, which the statement was made that street ends be dedicated to the I bQ Qlttfi»eshisan sated that the pees- I there would be more polite beach (,fly and expressed a willingnesa tot 4*,*Aq prateldd tee Ulm tbaae Ion Lido isle than in all of Newport approve the changed map at any. L a !PURCHASE ins 1100 c raper !n WrNrTs o! 0 0D DEVELOPMENT + Eff" HER WAY Immediate development of a lin w111 111 re entirely new to the Pa -', titictive talent) colony of artist Coast will be incorporated in t homes in Newport Bay to be known Lido Isle. An art Jury of prom as Lido Isle was revealed by the inert Southern California archi -; announcement that a San Francisco feels will supervise all construe -! capitalist has purchased 122 acres lion on the island including not from Mrs. Carrie Parkinson and only buildings but piers, floats and'. the Parkinson estate which also in- other structures as well. Their I elude 14 acres on the mainland be- policy will be to emphasize beauty: tween the bay and Central Avenue'af appearance rather than cost,f 1in Newport Beath. which will permit the family of, I John P. Elsbach represented the moderate means to maintain a sat - I Purchaser and will direct the de- �isfactory beach headquarters at velopment of the project. For the'. slight coat. jlast C sears he has been insiru -I Lovers of still water sports such mental in negotiating some of thews swimming, sailing. aquaplaning, largest real esllil" transfers in motor boating and eftoeing may be f leathern Califon hill as an associate`. indulged at Lido Isle without sac -_i Hof the firm of )1rii,Af S Ryan, lie rifke of the lure of the open sea. ,will now• couc, uirate entirely on l Large yachts may now enter the n Lido isle and has opened offiecs I bay at any Nee making it possible.. �in the Pacific Mutual Building gt�to extend excm sioaas from Lido Islet sLos Angeles and is planning toito Catalina, San Diego and other erect a huge administration build- •ports. The ocean beach is but a: ing cu the island- ;few hundred yards away for those' Lido, Isle will )w modeird on the who prefer the surf as a change Italian Lido, the most famous beach , front the wanner waters of inc resort in Euiore on the Adriatic landlocked bay. Sea at Cenic•e. BuUa areas iarlude, Plans for the sale of the property the raro combination of perfect: are rapidly taking shape under the sand beaches on still salt water. :leadership of David G. Duncan, who Lido Isle includes three miles of`has been appointed general sale, this valuable bay frontage where manager by Elsbach. Duncan in homes may be constructed with ,turn has selected Harry welch and private piers and floats. !David Miller to manage the sales Coin prehensive plans for the'iin Newport Beach, and Orange•„ gntire development to provide. Riverside and San Bernardino' Ample community beaches, park counties. areas and beauty spots have bernl Balboa headquarters have been! prepared tar Elsbach by Franz established at the Southern Seas Herding, noted city- planning archi - IClub at 325 Bay Front at Bdiboa_ teat, who has visited erer-v prom -'This building has been leased hy.. Input European bewh city as well�Elsbach and all excursions to they as the better island developments island will start from this point' of Florida and the inland waters: pending the completion of a bridge' of the eastern coast of the United that will connect the island with States in search of the best ideas the mainland at the north end of for this unique enterprise the bay. Many features that have proven Improvements to cost in •execs ?� highly successful in the smart of $1,000,000 will be installed at N beach resorts of the world but,once according to Elsbach. OPINIONS OF OUR READERS A Column in which the People May Express'Their Views on Problems of Public interest, Arolding Personalities, and for which this Paper Assumes No Hesponsibillty. COSTA MESA L VA Sal I•LAl ALL RU FURN MUS' All fit!!Jl(l 0xI° Suitor,% and PI out they Ito for All 43:, Aitmin and �X Size, pi tors., now go at....... ..... _ All $140 heaty to td Pellet am A%whi. ter Rose- for . All our fine 41. to be rlo.ed oul for . .111 S - Piece *IN) .tufted Suite., ;i Clc.hte theut nn ('IuJntr nut all - guard Suite., Chair, Reliable Intake for 4a0 Bell. elmlhte Red, Spriue BI•Ib. M ( "hair, all for :, -Piece fill 111lr ten.lon Tables binatinns )lilh ffnl.hed In Ina chairs to mateho hoist a1 $RI Valley Ito thens out at Pho.hug out al Double Deck Spring., 'Nl.Irn yun7c non far Clodmr rat ull IFuod Bed. All 4;:t0 Nola . po't'. uolag at All 4i Coll Sprl note vointt at . All 47.:,0 40.16. clo.ed out lit $1 firidce 1..aml pine. Heavy Standards nitl Bette Shade, Nef•rlile I ! ;Kfng, Mr. and airs. Ed. Bennett' - -LONG MAN, NOT WOMAN, {and son, and Mr. and Mrs, Raymond 'I ..r A "WHOTE ARTICLE. jEastman motored to El Segundo oil, .� .ace Mrs. Mel Smith of Okmulgt.. s Too-Tone Frill; Okla., who is spending a few we,k- I10nly tine t in Los Angeles, was a guest nit -: \o lb Sunday and Monday of Mr. and* \fM of Harper . t l Pe is cil . - airs. Ethel Peterson of this city HII is now on the sales force or the Alpha Beta market. Mr. and Mrs. Donald (7ibson and: If(LS A .ND :family, Mr. and Mrs. James 1, Ill -1113 E. ;Kfng, Mr. and airs. Ed. Bennett' - -LONG MAN, NOT WOMAN, {and son, and Mr. and Mrs, Raymond 'I ..r A "WHOTE ARTICLE. jEastman motored to El Segundo oil, .� Dleapite the vigorous opposition Councilman Hermann Hiimer, fees statements were disputed by feeset�Wves of I.ido Iale, the V : owtaclinoaday night approv- VW mpi for the project. subject sdaagiagthe streets from 20 feet M with a 4 -foot easement to a �ht S4.toot pavement. "me little excitement was oc- ed when Prof. Hfimer pro- a letter is which Cordon city planning expert, that be could not approve .an$eee wider streets were ed. .At the previous meeting il;"& Isle people had told the gD@fl that the map was submitted i secommendatlon of the planning _A !a IA Coaselman, engineer for ire@aot, told the board they employed a city planner, that ad made and approved the and did not feel inclined to l back of them, W. Briggs, chairman of the dug commission, explained Whitaall had not fully endors- r plan, but he bad conceded a other planning experts of the 'trio t three to eight feet at the outer end, that I from six to ten feet through thei Tilleg, inner bar, and from ten to fifteeaimaps from the dredging bas built up the feet along the, Palisades Clubhouse,! boa I It was revealed. Soundings —ere Maps taken at low tide. .. . flee it The work now necessary to four The days dredging in cutting f,eeper Simm, the channel from the Corona del F-dna Mar aide arosaing to the jetty, a • field t day's work on thOwasterly end of Con, the middle cbsanel and three days open t straightening the ebannel along the beach jetty. of the Beek recommended that the pay- field t ment fu the future ee by yardage red to instead of time. • power The city is not in a position toque, where any appropriation can be Week - made to continue the work, it was Plat stated by Mayor Mark Johnson. A Baysic request was made that a report be Elbert Presented stating the exact amount The needed to complete the immediate budge program, yachti The dredging work has cost >facle $4500 in appropriations and sub- Harb( scrip` -ions, it was stated by Smith. amour That is estimated to be about 24 currc: . cents a yard. The channel has not The a other planning experts of the only been improved to the best liceus of which he is a member. His condition in years but the sand the D' f stated that the streets should from the dredging bas built up the C. ider. Briggs said that Whit- beach west of the jetty where it board Wrote the letter to protect his was pumped. of hi *lion as a city planning ex- Seigel Asst. Engineer Stree although his opinion was over- John A. Seigel, connected with' multi t the old engineering department was', >ites. flan the vote was taken, Dr. appointed assistant engineer at al Qt: let' alone opposed the approv -I salary of $200 per mouth on r,: -tn tr °ut it the Dian. +quest of Engineer Pattersou. " p formal maps for the subdi -; Patterson reported that the sur- `Doll ¢i will be prepared for the city veys of the work at the Goldenrod it tell all's study and check, with all toot bridge in Corona del Btar ar,• Beau' lastures incorporated that were being started. [red. The improvements wilil The audit statement made by IL' Re, April be started and the property S. Briggs, former City Trcasurcr, 'mini• . according to the announce -: was ordered filed and made avail - L of John P. Elsback, promoter.] able to the citizens, Tv-till for a pier for the Isle I easing of tide lands L,r Ow cun- Ap granted. . struction of a pier r,quc< :ed 1112NO For Dredging . [lie Lido Isle by Ilan, Genfl sum of $2000 will be s'u fficirul Welch will be delayo! until the s;;L so. c ompleto the dredging program for the fill,- lands (7411 iw sat.L d,: Cr, has been undertaken for the City Attorney Rowland Tho:ups,,!: <�a,•, roving of the entrance accord- reported. sur to Frank Smith, chairman of The contract bond of ('. F;. I'rL R. it, finance committee of the liar- and E. S. Pomeroy f, -r Kar`.,c:c nos Commission. eollreliou was apprn,ed. 1 written report of the progress H, guest :; fur fwmd for p:o,zsh: -:'` it,l 1 J. A. Beek, chairman, was the Boulder Canyon hill ��.•r • .. W. .1 I. .dort•d filed in view ,.f the f.. ^.c! ti!,, ill ! his letter lle(lk said !hat eight iho rily ro on, ly Karr a s,:m f T:, x, f more work would be neces- the purpo;.•. ,,,i; fordredgin Thr e � fo Lay CM,lia #pet has been ine!'cgls .d Sea for C. 1'. i;r,� >a, F'•,j. r:,! 1;.! t i (STRICT if9- `— Aid 'Chinese High School He to / Talk at hur SRS r NEWPORT NEWS vol.rxe xxt Eutered as Second -Class matter at the Postofflw at Newport Beach, California, under the act Of March 3, 1879. Official Paper of the City of Newport Beach. Business Office, Ocean Front, Newport 8e44L RIGHT PAGES N'vXBE1,34 CRiTTENDEN So Fe CAPITALIS Itet. Perri. Oliver Manson, lit;. _ ill TAKE PERSONAL CHARGE ,nary school man of Taiwifu F OPERATIONS . Sung China, , port L ID I L Cofifn of Newport will be tom � q so+:rker at the evening sen'icc rif} the Methodist l'hueh, 24th Iu;11 - tonst Blvd. Newport Beach Th, - boor of (h, s ardl is 7 p. Ill. F�orimition last Reel; ,L the Lilo Isle Develop- ..� :. AN, hat,• Ltard co much ❑bout Itt, upheaval~ rn C'hina ihrntKh merit Co. IllC, to t9k' o,IT tr:e complete management various and oft, -rt nnretiable snot- and sale of iJ; 1 :, -_c :- ' :.AP.%N "1 ". l 1Cas $nnOUnC- - d�rms u, +, Ltet rrw year that ed today b� <i� illiam Clark t I itteilden of San Fran- ' It will be refreshing to hear a nit s - 1 :-tee by a man direct from the Cisco, R'h0 R'lll be pl'esldent t lii aC`ICe head Of the bell. Rev. Ha•Ison has been re- new company. -. i)�rted to us :.a a speaker of ex. This action is In accordaIlce with a program Iz- pponal m ^rest and we are heretofore contemplated for the spring of 1929 b : 6Lppy to ba ab'r�. to invite the folks , but �` • of the harbor district to hear him. 0`,Ving'' to the unprecedent atA.vltl- at Lido ISIe. during the past seven weeks since the opening of this unique e. llt t �� TO colony, it ]tat been decid- I o --g of i.ich t..{ eci to perfect the organiza -;Lido do Change on o s corporation a I xasf c tif this „ fhe :lthtlr ..,av Solve the r Put On. �. Once. :. -, >_ rative ma_� "The phenomenal sue- m "ti ASK LADIES CYty Problems ati pant, -r cess cf Lido hie as rep- , rep- ill,: tnnsic resented by the volume of .A Cfected; � .Announcement of the fact that tanked Cor1 AT NIT[ MEET pz'e"dl?Veloped sales, has lC. .<aJ Critrendt•n. San Fran f rhirs: AIlls • made neeessal'y the f01'- cosec capitalist, hotel man and de- T "toms j oration t f !Li- r wp oation," I r "- ;`•-eloper, .vould take personal charge -H, ^ry sei -r b•nder, rs} iI,• -1 'eC the I ,lo Isle management, may r. Airs. al - wick poi,: r h ".,ce th,- ❑mans of bringing about 5 F. \IUrphy: lh.cisicn ❑s to what kil,d ,,,Irks island is ,;mv �!zrting, : "'a. ' ;r eol:u:an of Uv, perplexing coil- In eling to hold on Sep(rnrl;el wSli includ, a Iaanr Ir -twin ibe city and the ] then ih„ Newportr Ilarhor S' :u -ht "rain, fit,, ind;a is Nrnl of im4ror.._ Lido I,', monag4ment- hub trill 1101 be available uu'i II,_ Drente. consirueu mt of. a b * :dge and' i', •r „i.t, n.hle disc u,,siou has It, ,n to the Ln,ru :u ioua SI :u9lout r;- a r.tast, tt l (u alt, :rn,i['. land FOR curl iI- .in;e..l rrevr the :u reprance o[ tl;! girlt,t, trr> d, 0 tr,d until ;_rtit 11' i -1 manp nt F,nr it :,fur s that rrRnir„ I,idr. n::ip In n,e cite ".uneil 1rh -ie:1 t n�,=d;, ,- by the A a;•., n'L 6,,::ra h :x.l the ionstavrt au. wia; of nt;ny cx_ insist= rl -a I; au s;N rt,ae( u.us 11 j. 4earit-nc, h, ,.rat:: -.�: ., , tits. Pnblic. .1t a u.ana, club. I'_ sue,- es :imt b,r�l '��II■■ 1 I or d rh ;I -I ,t nlo; rl r "T ll Dr _nt rt+. li: o❑ t i - -r1 t»K of th ,nunui 1 -ltt fit, - r!t It a a,,.n Iu' t �- i I� I 11 flit ; 1 uI, .cw- � n • : _ •u of Ili.- developers ai U . I _ -oft, tt L d ., i ,r 1 Ol ZQ ilia e mire beach ,hair L I ou �( utrrtant -n n o,',rrg Iu rn+r Community ,tail- hfeatur,, „ri i. I.I >ticut,d at t)t • -r, :, _- sand chat the street { i' „Lod) ,t . -1r iti.i.1 [,i neP Der -1- � t ;ins before de ;ut ra 0I, Oil,ug,: lAunt}' H :n._� i.ido [�r... 5`.:• st . -!rib ;,nil all pl : :rs,,< -end= sh. mid be IeCt as beach rather rir :ncine bnr r!ra a; b,r of t'unmterce 'uf ;hr denlupnle ❑t of this island than paved and therefore not ae- n,r aI Ali .A1 In,.xt ,veek meeting Rohr rl�all a select re >idential colun., twill cessiblr to the public, claiming triho-r. :I l' (bell. mining e'oginer wilt speak�be pressed at full spt,ed, Ibis rx,lusive feature would aid ,y the Cit- „It "Oil and Its By- Products” -i Is belil,v,d rivet the magni- in cooking the We the distinctive - -it during _ Icu3e of this Southern California project desired. -only "n- (project will cause Critter t to The connell feels that the'4tbsf`s'�^”- - Gene Fenelon sass ri n:,! I d, noel fit,, beach - r, amPp. ❑, for Iru,1 of I!],. c r, as %:i? - tc!r.vli. `Ley say. :e being all v br ado -� New Head TrI- ��n- Iint; rests -.nu it ..i ria 9'a!t:; c'napi 'no tapidiy obs„rh,.,1 I +v priva,r 1 Citv Associatesle.r,. ra lridl exlrtudi,tg. ntrreets. i1i I11K r 'IC I: g, ire h•,.;,, hl❑ vc :ts Ir:rin, ,I C f;a Ira ,i, nf of tIL• 'fro- l'il}' .Ar =nr ia:, s. :r . i�npr :hr :uunml hiIsin, >s covet =ag Jay night. Paul Ellsworth was - ',.es and ohCSru fir -t vice- pf,stdenit Gourg, I ff , N DEMAND I lA "il >un, seco11d vi, e -pr. site c:: I Tbis l,v, L,I,.1 Mrs. For¢ues, •.0 a hL 1; C411111 ,or +•t;ir., :; n,l I 'Ilk' L+u(eh i :; Lui.g Beach Santa ,111 .� 1n>, and ,Ili r it; r, bur;,g 1- u. t , i> IIC it nr 1 Ian t r I l b t y C it dais ; ,11, V „"sort 1 -. I'.A'I 1 -t ,ill illl', �� 11 r .sari RtII =Ip - - i i -i le IIl • r iR Lail dug wsi „ ,t, flit, I., amt Is (r ..i 1, -p 1. tlll'N OI'll , 1 l U. L1 .' -, I +gt R' b•rCnCb at I I it :r .. sass I ' I ..' of Los .\ngeh s. P„ (e ut t rur soil ice iron t,,. All P,. : ,;I , lined m Southern } s 1 -pit prix r - .r-ht ry of the Co,ta 7 b.; t ( ,�Gr \t, s•. is a sS , n rid iq trot growing -u tiun is a well (rbf n;ia filet Mice years, and his , Lu> 't Lett thta I wife o•rntr b,re from Toulouse, L. ttr- known fart. and added proof is 1 given ill the reran r4�6t.. r:.... _ Franc« tsar «• __ -._ 1. RBOR DISTRICT 6 NEWPORT NEWS VOLUME XXI at Newport Beach, California, under the act of March 9, 1949. Official Paper of the City of Newport Beaob. Business Office, Ocean Front, Newport Beach. Entered as Second -Class matter at the PostotdM )AT, MAY S, t9t$P, EIGHT PAGES � NUMI$ER is f 'CITY COUNCIL AND LIDO ISLE 'PROMOTERS HOPE TO SETTLE IMPROVEMENT PLANS MONDAY :a Prospects of working out a satisfactory solution , '.for all parties concerned in the development of Lido Isle seem bright today following a series of informal conferences between members of the city council and ti 6 promoters of the project. Mayor M. J. Johnson scat= ed today that he felt that a favorable adjustment of :the various matters before the council seemed asgur -- ed and that the whole subject would be thoroughly - gone into at the meeting of the council next Monday. 1 At the meeting of the council last Monday a de- lay of one week was taken to investigate the plans and ; 'E Q, maps together with alterations proposed as to size of w lots, streets, etc. At that time Prof. Hermann Milmer, councilman, objected to 1 - certain features of the oe satlsractory to all parties con - contemplated improve- Jr x :51. Crippenden told the connoB _ (ir? ments, while W. T. Crip -jlast Monday that the ntapa had 6 penden, San Francisco been changed 14 times and that the i� 6 �r capitalist and purchaser planning expert employed by tw _ f city had looked over this plans a� of the Island, told the 1 changes had been made at his re. y board it was imperative! The origins{ map was pre- ..'` 'that immediate action be I pared by C. E. Conselman, engln- r �t ear for the Island, and the streets , - taken. . have been changed from a width of "We have bold a number of is -' 20 to 28 feet. pE^ formal conferences;' said Mayor: Mr. Crippenden declared that It was the present plan to Install all f itLFiO Johnson, "and it would seem as`the improvements under one pro- ' though the negotiations would � beledi ironed out. There were some ob -I Prof. Hilmer declared that nar- .-,__,_ _-- — iectionable features but these have'row streets and small lots should — en for the most part Overcome. 'not be .permitted, if possible. He BUILDING B It m true that the Island matter also felt that some assurance came before the board rather cud- should be giveu as to the inteatfon denlp and only one member had of the promoters in going through seen any of the plans p�. to its, with their project and seeing that _- presentation to the coup Ho you; the lots were made valuable enough er, 19th St_, 3f r. and Mrs. Hompelman are see we have really not had ampleito take care of the improvement , time to study the project. i assessments. isle, Santa, now comfortably installed In their, 'The council wants to do ever Mrs. George' new home on Santa Ana Avenue,( y -i U was said that this assurance , tmag possible _tut the auvance -than already been given. John P. teen; Mrs., which was started to February,' meut ut t to �omtu4mty and it alsu Elsbach, 1n charge o1 the develop-, da, 2- story t1'il clam Rochester has lust i� D y y_ a -.l_. g th- ;e; Georgel built a three -room addition to his wants to ro[ec[ notot onf t e fu• :menu, told the council that the i �aaas out the peop a wfio arr,inveat•!pians provided for an lmprovesssst. nue, frame house ev 18th B rest. ;ag their mone7. n a on o t e + - Ii`afmllar to those of eltlq.olR;tp. of ikon At Newport Beach C. H. Hopkins � p� t�4 atsd - teal .>•laat._ . oast - IYsdttatsaasaw i i�s-r on orange and lio, of n permit for the homes jut _ t ,ty t 4 no41n- tecture wuuht be along those Wies. . Orange and rion o[ one of the fines[ homes iui�,_- kin, Orange the city, to cost $20,700. The new nce; H. M.; three -story dwelling fs to be erect Pp -eet, frame ed on the property on the Bay front: in the Eastside addition to Balboa. �r of a new' The permit for the new home oY on N,wport'the Batik of Balboa, amounting to; SEASON ;aloes cotu•t i $2of t increased the month's ` IN BEACH HISTORY just been . totals. �! ark. 1 OL the fifty -seven permits taken ,e been re -!out for homes during the paste during the+ month, four were for residences to� the cafe re cost more than $5000, and thirteen, tweett Bros.' were for homes for which over That this will be the biggest �dred pounds being delivered on i remodelled) $2000 fs to be expended. Increas fishing season fn five years is tile�Tuesday. The "Sanshiae" is bring- -..I �' greatly toyed buildtng activity at the oDen7nK :conviction of George Iitner, owner ing In from boo to 800 ,f `r e business of the summer season Is noted this of the bait stand on Newport pier. day or barracuda ail this week, an; 's!; caled. year according to Fenelon. Mr. Hiner states that the barracuda fishing conditions are considereld - - - is running much earlier than usual ' remarkably fine this spring. esa C of C to jthis year, and halibut is being) It 1s interesting to note that over a Ica; ht In tar t neXatid. i 8 seater numbers than 9,000 pounds of mackerel atone is _5`'}" on ' usual off the pier, A •f9-po ted hall_ shipped every flay from Newport :;ut waa caught on N.Mnesday by to northern points, most of it - -• -- < i damn i It PHONES Fire .......1...... 16 Police ... _..T, Day o TOLUNIi i �F. COUNCIL BEGINS LIDO ISL REJECTS ,Y PA e GrttOul ar is slipping fa"t the holid.iys vvI- w and uruk,s bim things and be ni <:o ctybody ih,• s,e,- es- That's th•r a;,y it it anll rhte r'ni- rfi,l 1 -r th„ alum, wed during thn business gill', the 1 of which w'r arr 1 and glad to be in the finest age Bounty and non he its largest elpul Market aston made a suit• ether day that is R on, lie wanted • municipal attar- • the !Lae flirRo• *hway and sup. prodare of jliesa it not benefft sit rernr4. He said would not affect re ►hnt but world to the farwers in are unable to dais as sausfav should. r fire, into V of tae ifi -Way in a T,unwrist of to) coats these ::at to glee your d for Christmas: 'a'i ants to gul,ie :.: ! „at lluc oItI y now hay neat m..r, imporinw c limp in bark 1ck se:u drivers Teti itl the Mad mlg. and fleality on rack car to lull out a park - rash Its way Ill, re Deflator ana 'r which will tiro and empty y desir e, Inro- rnuuumb a uui 1 PAVING AND LIGHTING PACTS' i i Despite asserted imperfections in the license; .agreements for patented paving and patented lighting i standards, the city council Wednesday evening, by a! four to one vote, instituted proceedings calling on the city engineer to prepare plans and specifications for; improvements on Lido Isle• This action came after a motion to adjourn by Councilman Ellsworth failed for lack of a second .and at the earnest request of John J. Wilson, attor -; nev for the Parkinson and Crittenden interests. Mr. Wilson asked that the proceedings be started on their: say pending settlement of the defects in the two li agreements and after he', agreed to file a bond for i¢e the documents as they did not 018,000 to indemnify the meet omp one pointed peony stns[ ne city in case the Work to be, paving agreement did not specify I done by the city engineer a place of delivery for the mater- i was not utilized. ' tai and that it was impossible for j contractors to bid with such a The motion as prepared by City' specification. Attorney Roland Thompson was ill 1tr Wilson then asked to be substance as follows: "The ciU': heard and stated he was willing to agineer ie ordered to prepare file a bond guaranteeing the city; plans and specifications in accord against loss if that city engineer once with the petition on file with would be permitted to start work! modifications. subject. however, two, the specifications: that the )i -1 ,fhe p(-Iiiiuner filing a bond with cense agreement was only import- tile vity Council which shall meet ant from the standpoint of pre with their approvai, such bond to paring Lids; that he would appre -: 1„, fite<) within ten days: 'ciate the board proceeding with the . The motion was put by Coudcil- preliminary work as he did not man Claire and seconded by Coua want to delay the improvement. hula', Minter, tile vote resulting At this juncture City Engineer! in four - 'ayes” ,nd oce `no' in', 1'aserpoa stated that it would take Eik,iorth. . at bast three months to prep"",- Prior to this Air. Olson, repre- the plans and specifications and aft sensing the 117arreplte Cc- stated least two months more to gel he was willing to leave the matter 01mugh the proc-iedings. of bids to tho city engineer and to Mr. Wilson declared that be was Wilo by whatever decision was willing to protect the city lot) r eo c en. Ill, also contended that percent. for file work to w'bich Mr. it was ::ot rumomary to tfie the Ii- Thompson replied that If the court - ce:IF, -. agn•enumt until the rtsolu- cil does not accept the itcen- tion of intention was ap. to whirb agreements the bond would be null , ,the city arorney replied that it and void. Mr, Tbompson also slat -! was the policy of the council to, ed that the nVeMeat on lighting i R'h ^nt r,r::krs have all ik ence aer<- .onontp on fit.,' Ftandnrds should he rejected be -- prwro%, ;;,r 6ei� r,.: ioili tid::g pr,sce',ifngs and cause at in carlior date it ,va+ rtgc 'h::: b:. dr- :rrr''�nrr •imc to exam- stated by the pe�tltioner tl:ac,ti;t. tm %� WWI h m ue" Is o0mr rate In ilrtai rrnanfs repo ri. HIL IAR CHARGES wd'rse is ',tu- ) flertuand. d)r,g that after & of It", u ty . Nult p' merple ;shlu Ta STAMPEDE CITY COUNCIL �m u e reaceuahie ill record IE:1'd, r!"Ilt at , iho h: rarfably, l.• the , in a .coctmunh.ation to this line people 'of Newport Beach in lull es. fav li get Into paper C==Uman nenuavit Hilmer i thinlp re.iled language to bring •Ch' f a .big stloM charges that an effort is being I pressure J o bear on the Council to h i ire iletightfnt made to stampede the city council have this type of pavement ap- g�:uth into a "hasty and fll+:oaside; ed <fc -; proved at our seleet)ase wince. Yet, wwle on the ied a r, ctetoa" in the :Lido .Isle improve - one hand this .propaganda, appear~ •: claime ^• beam,.. his :letter being as apa r on t ed in the stewsp• he other I •• 1'C YSA Friday, Ianuar, 1957 : ,How Lido Isle Lost 144s S1 ayfront `Property to ;]31 City It. Brought to .it Former :City' Engineer Recalls that 1928 Council-: Demanded Title to LICA Beaches j Before, Approving Tract Hap; Agreement To Lease Back' Beaches Only Compensation i Given Lido in Return for Valuable Beaches ,i Now the:�.zeeordf is;_complete, now the story, is told For they past, Several. years-the administrators' of?he.'Lido -Isle Community Association h a v e wondered why the original sub- dividers of Lido Isle ever deeded ,Ito the. City of Newport Beach the 13 water -front lots which are now our community beaches: i On Saturday, this San. 11th Mr. I e'. Richard L. Patterson, former City I - I Engineer of Newport, met in the n'board room with directors Earl Sawyer and H. Cedric Roberts. Mrs. Doreen Marshall and Burs- ter Creely, and Mr. Patterson told'. t'•how the developers brought the d;Li do Isle tract map to the New- s Port Beach City Council for ap- provel, back in 1923. ' According to Mr. Patterson, the developers showed on their tract maps certain waterfront lots, identified by letters of the alpha. bet, rather than; -the numerical designation on all of the other lots, and-these lettered waterfront dots were intended`to be deeded to the Lido Isle Community Asso- ciation to be used as the beaches ffor the inside, lot owners. The-Council.,rejected the map on the, basis that the Lido Isle Community Association was not ;yet in existence,,.and that . the ;ONLY GUARANTEE. THAT THE ;CITY WOULD ACCEPT WOULD BE FEE, SIMPI:S:,TITLE TO:.THE WATERFRONT LOTS, and, the City, in:turn,, giving a lease in exchange ; The- developers were told that the tract map would never be ap- ' proved by the Council unless these waterfront lots were given outright to the City. The City Council agreed that it would, in turn, and in compen- sation for these valuable water- front lots, lease them back to the Lido Isle Community association. The only compensation, or con. sideration the Lido Isle Commun- ity Association ever received was the lease to the property it once owned, If the City, at the time it took title to the LICA property, could have given a lease without any term, or without any expiration date, then it would have done so, but it was restricted by law to limit the.lease for a 25 -year per- iod, but the Lido Isle Community Association was assured that the .lease would always be re- hewed, and.. the' LICA.- surrendered its property in that faith. The gov- ', erning, documents of the LICA, the Deed Restrictions, the Articles of Incorporation . and the By -Laws still.retairxevidence that the de- velopers intended the parcels deeded to the City to be the prop - erty and responsibility of the Li- j do Isle Community Association to be held. for the use of the inside ]ot`ownersf and all the people of Lido Isle: . TRANSCRIPTION' = OF" CONVERSATION TAKEN.. JAN. '11, 1953 AT LIDO ISLE CLUBHOUSE. . PRESENT': :1IR.' R. L. PATTERSON. I!". EARL SAV Y=, SSR. H- '. .-EDRIC ROBERTS, MRS. ROBERT `tIARSHALL, AND MR. 3UNSTEP. C'RSELY.. - �L-. Sawyer: :%ffr. Patterson would you please stater occupation was, when the first map was submitted to the city for approval on sub-division en L: ',o Isle. S ?r. Patterson: I was City Engineer, llr. Sagicer. Sawyer: Will you please give us soma preliminary <escrip- Lion of this first map as it was submitted 2,L. Patterson: The original map submitted to the City Council in 1929 contained a large number of ietterad lots around the Bay `rout and a `ew srralier lays on the interior of st;b. division. Tr.Saciv er: Whv were these lots distinguished bv_ ? rre?5 ri;f- farent from the regular - esidential loss oa I -:e stand. �Ir. Partarsan: ;.Ir. Sawyer, the sub divider proposed to set aside these lettered lots along t, ^e ;Day moat m access to the bay front fce the i ^. i:ie "...., owners. flay I vk ?Ir. Patterson a intention then, as you recollect, of ti•e'M-Anai eta velooers, to retain control of ti:ese Ietterel r, :irreis (,ots) either thru the association whic'.i :'t. .r c ed restrictions established, or a community co ^ ±-c1 on the island. :�L-. Patterson: That is correct. fCcn`ir.ced on ;'age :'F•o? Mr. Roberts: Were there any thoughts of the.coui ti_ not,:easin; Mr. Patterson: it back, say for perpetuity, these`Iettered,gw?a'-; The Ruestion from came up ad.:egal star?d of the is to the term that it could' _be' for <hg iI at t. ,t time I believe was held;to a 1>J{J7> coubf'make a lease - was - possibly 2"q ydaat ;. f "rl.: recall now that the City Council intend&d'_tnt tfie lettered lots fronting on the Bay front would be made available for use of inside lot owners at ali times. There was no consideration or thought giver Mr. Sawyer: at that time that the city would eventually take them away from the association. Mr. Roberts: Was there any thought that the Association,should have to pay a fee for leasing these back? Wasn't Mr. Patterson: this lease just given as a protection? Mr, Patterson: Just as protection Mr. Roberts, there was no thought nor any talk about charging anything, for the lease which the City had agreed to do if the sub - divider deeded the lots to the City. Mr. Roberts: That was one of the hondltions under which the City would accept the map. ,. Mr, Patterson: As the condition which was agreed Upon and then Mr. Creely: the City Council approved the map. Mr. Sawyer: In other words, 'the deeding of these lots was sub- ject to the lease, in other words, that was a consid- eration of that deed of these lots. Mr. Patterson: Yes, that was part of the agreement between the Mr. Patterson: sub- divider and the City Council before approving final map of tract 907, - - - Mr. Sawyer: The only reason the-length of the lease was limited at all, was the opinion of the City that they were legally limited to such lease. Mr. Patterson: I would have to refresh my memory somewhat; at that time all they were considering were the let. . tered map — subsequently a lease was made be- - tween the City and the Association, which included tidelands and then in tidelands leases at that time, the City could only make leases for a period of 25 - years. At the present time that has been changed, and they can make a lease fpr 50 years as of. today. So the orriginal intent concerned only the lettered lots be leased back to the Association, and as far as I know or can ,recall, and I am very positive of it, those leases would be perpetuated. Mr. Sawyer: Do you recall why the City would agree to leasing this property to be controlled by the Association-but would not allow it to be deeded to the Association for control, in other words, why was the ASSOcia- tion being granted a lease which would give them the same control of the property practically, but the City would not approve the map subject to that property being deeded to the Association? Mr. Patterson: The sub - divider and the City worked out this com- promise agreement at that time, and both parties 1 felt that that would be satisfactory and that the in- side lot owners would be protected; there was no consideration given at that time to the City' deeding the lots back to the Association, and to my knowledge, there has never been any request by the Association to the City, and I don't think the matter has ever been brought up ... about the City- deed- ing the lots back to the Association. Mr. Sawyer: My impression was that sometime in the conversa- tion — before it was decid6d to deed these lots to the City, that they had proposed that they be deed- ed to an Association would give virtually the same; guarantee to the inside lot owners as by deeding them to the Association and subsequently leasing them to the Association. Mr. Patterson: I believe that at the time the sub - divider requested that be done and the City Council would not agree to it that way, they felt that they could control it better and they would have protection for inside protection for inside property owners — so the City Council felt it was better to work it out that way way and the sub - dividers agreed to do that, but I don't recall it ever having come up after that — any request that the City deed the lots to the A5SO- ciation. Mr. Roberts: In other words the City felt this protection was needed for the inside property owners and not for the general public — just for the inside property Owners. AIr. Patterson: There was nothing at that time from any other in. retested parties in the City and that point did not come up; because it being on an island and isolat- ed, the other property owners in the City had no part in the discussions. There was no objection raised by any other property owner and the City Council felt it could control it for the benefit of the inside lot owners. Mr. Sawyer: Mr, Patterson, I would like to ask why the City ' did not consider it feasible to allow the original sub - dividers just to directly deed these lots directly to the Association? Air, Patterson: The City Council felt that they could guarantee the s I k s c e E perpetual use of these lots to the inside lot owner! so as to provide access to the waters of Newpor Bay for the reason that there was no guarantee tc the inside lot owners that the Association tyoulf not dispose of the lettered lots and as a further possibility that the Association might cease to ex ist and in that case the City was in a position tc fully guarantee the use of the lots by the inside lot owners for access to the waters of Newport Bay, Mr. Sawyer: In other words, the City recognized the Association as a possible temporary body but they did not want the use of the lots to be used on a temporary basis only. Mr. Patterson: That is correct Mr. Sawyer. Mr. Sawyer: They felt that by taking deed to the tot and leasing them to the Association or perhaps in such future date to somebody else for the use that they wanted them --- specifically the inside lot owners — that was the best guarantee they could give for that purpose. Mr. Patterson: That is correct, Mr. Sawyer. Mr. Creely: The City in accepting title to the lettered parcels of land did it give any other compensation to rite Association other than the agreement to lease back to the Association the land which title they were taking. Mr. Patterson: No, there was no monetary consideration. 0 44 CITY OF NEWPORT BEACH CALIFORNIA City 11,111 3300 W, Newport Blvd. Area Code 714 DATE April. 5, 1977 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. Description of Contract Memoraadu,-a of Understandiuo regarding beach access Authorized by Resolution No. 9045 , adopted on Marco 13, 1977 Effective date of Contract Contract with ".; it^ 's ociatiou Address '01 71a L4.-90 Saud Amount of Contract t Beach. CA 92663 City Clerk CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney 9 March 28, 1977 Subject: Memorandum Of Understanding - Public Access Over Lido Isle Beach Lease In April of 1975, the City Council renewed the beach lease with the Lido Isle Community Association. Paragraph VIII of the Lease provides that public access to the tidelands shall be maintained over the leased lands in various areas around the island. These access areas were not clearly spelled out in the Lease. The purpose of the Memorandum of Understanding is to define where these areas are and to further clarify the fact that boat launching at these points would be prohibited by Section 17.16.020 of the Municipal Code. A map showing these access paths will be placed on the board in the Council Chambers the night of the meeting. -492� -/ dtW4� - L DENNIS D. O'NEIL City Attorney cc: City Manager City Clerk H -2(i) ft 4b MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is executed on behalf of the parties hereto in order to clarify and define the areas of public access provided for in Paragraph VIII of the Lease Agreement between the City of Newport Beach and Lido Isle Community Association dated April 15, 1975. Pursuant to said lease document, rights of ingress and egress to contiguous tidelands over paths four feet in width were reserved on various portions of the leased parcels for the benefit of the public. It has now been discovered that two of the reserved four feet paths were erroneously designated over Lot A, and several others have not as yet been designated. Also, Lessee wishes to substitute one of the access points over Lot A for an access path at Lot B. In addition, both Lessor and Lessee wish to clarify the fact that these access points are for the general use of the public at large to gain access to the beaches and tidelands and that Section 17.16.020 of the Newport Beach Municipal Code expressly prohibits boat launching and hauling over these access areas. Therefore, in order to resolve any errors in the description of the public access areas and to further designate and clarify the location of the previously undesignated access points, as well as state the intent that boat launching over these areas shall not be allowed, the parties hereto have entered into this Memorandum of Understanding which shall become a part of the Lease Agreement dated April 15, 1975 by this reference, and shall supersede the descriptions contained in Paragraph VIII of said Lease Agreement. The areas of public access shall be as follows: Lot A - The easterly four (4) feet of the westerly forty (40) feet of said lot. Lot B - The westerly four (4) feet of the easterly eight (8) feet of said lot. Lot D - The westerly four (4) feet of the easterly fifteen (15) feet of said lot. Lot E - The westerly four (4) feet of the easterly twelve (12) feet of said lot. Lot G - The westerly four (4) feet of the easterly twenty -two (22) feet of said lot. Lot H - A path four (4) feet in width the centerline of which is described as follows: Commencing at a point on the southerly line of said lot thirty -five (35) feet distant from the easterly ft line of said lot, then northerly at a distance of seventy -eight (78) feet along a line parallel to the easterly line of said lot, then easterly a distance of seven (7) feet along a line parallel to the southerly line of said lot, then northerly to the north line of said lot along a line parallel to the easterly line of said lot. Lot J - A path four (4) feet in width the centerline of which is described as follows: Commencing at a point on the southerly line of said lot thirty (30) feet distant from the easterly line of said lot then northerly a distance of sixty -three (63) feet along a line parallel to the easterly line of said lot then westerly a distance of seven (7) feet along a line parallel to the southerly line of said lot then northerly to the north line of said lot along a line parallel to the easterly line of said lot. It is further understood that pursuant to Section 17.16.020 of the Newport Beach Municipal Code, boat launching and hauling shall not be allowed over said access areas. Dated: (7 ) � _ / ATTEST: v i\ ity Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By ' Mayor LIDO ISLE COMMUNITY ASSOCIATION �e6ident By (`i % Secretary -2- DDO/bc 3/10/77 ft ift RrSOLUTiO'; N.O. A RESOLUTION OF TIIE CITY COUNCIL OP THE CITY "i::'70-1 BFACH rJTi:ORIZING `P_S hLnYOR AND . 1., 1 C:I9r'1' Ci;l' ... i0 7\ ^.0 ^. OF U'ii)ER ST iVi)ti7 G RDI'', ., PU iLIC ';CCF;SS OVER LIDO ISLE BEACH I.�EASE WHEREAS, there has been presented to the City Council of the City of Newport Beach a Memorandum of Understanding between the City of Newport Beach and the Lido Isle Community Association regarding public access over Lido Isle Beach Lease; and WHEREAS, the City Council has reviewed the terms and conditions of said Memorandum of Understanding and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Memorandum of Understanding above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 28th day of r ATTEST: City Clerk March 1977. DDO /bc 3/28/77 • 0 CITY OF NEWPORT BEACH September 2, 1976 Mr. C. L. Miller 353 La Perle Lane Costa Mesa, California 92627 Dear Mr. Miller: This is in response to your letter dated August 30, 1.976, wherein you have requested certain information regarding the Lido Isle beach lease from the City of Newport Reach, and particularly, the area of the leased lands which have been set aside for public access to the water. A copy of the lease, together with the other informatio, you wish, is on file in the office of the City Clerk which will be made available to you for your review and repro6uction for a charge of ten cents per page, You should be advised that the exact areas of public access easements over the leased properties is sti,).l a matter which is currently being negotiated between the (:ity and the Lido Isle Community Association (LICA). We believe that these areas will be expressly defined in a supplement to the existing lease within the next two months. In the interim, I would suggest that you contact Mr. William Sprague, Executive Director of LICA, at the Association office located at 701 Via Lido Soud, Newport Beach, Mr. Sprague has assured me that he will offer you every courtesy in an effort to show you where you can conveniently launch your dingy in order to get to your boat moored offshore. ('it% I1;111 - :3300 \�upnrt Boukn:ird, 'Newport Beach, Calilornia 92663 • Mr. C. L. Miller Page Two September 2, 1976 I trust that the foregoing will answer your concerns with regard to this matter. However, should you wish to discuss this further, please give me a call. Very truly yours,? DENNIS D. W NEE City Attorney DDO /bc cc: Mr. William dprague City Clerk V �v i IFQ\ .r- Mr. Dennis O'Niel City Attorney City of Newport Beach Newport Beach, Ca. Mr. O'NieI: August 30, 1976 The past six weeks I have been "questioned" by the Lyons. Protective Association while crossing the east end of "A" beach on Lido Isle wlih my dingy to gett to my boat moored at an off shore mooring. A few years ago mooring owners could store their dingys "i 15th Street, the City Council found it necessary to discontinue this practice, i agree the beach is now more usable, however, in the past year the mooring fees have been increased from $1.10 per foot to $6.00 per foot, plus a personal property tax with a portion supporting the city of Newport. As a taxpayer to the city of Newport Beach, I am requesting a cony of the present. lease the city has with the Lido Isle Community Association. I am requesting maps showing the total square feet of beach in the lease, the areas of public access to the water, and the total amount of the lease in dollars per year. I also would appreciate a memo signed by your office to show to the private patrol that it is legal to cross the designated beaches and what recourse I have if I am to be constantly questioned when on public thoroughfares., I am not requesting any special privilege, I know the beach areas are crowded during the summer. I live near Newport Harbor High School, and at each football game, basketball game, etc., parking is a problem but we choose to live in areas of activity. The LICA has complained of parking, but it is no different than other areas. 1 have talked with you on the phone on occasions and even visited your office, and still the problem (harrassment) continues. I would like to see it stopped and something equitable worked out with the association. Sincerely, ,y .7 C. L. Miller 353 La Perle Lane Costa Mesa, Ca. PEI RE PS:lsO_uTION . . 8704 -SOLUTTen OF THE CITY C" VARL > II, CO EES; LS _\B: i IA`:D i?D .00 COMMITTEES L 11[ E; IIiRARY RC H( i E ISLE LEnSE COMMIT TES; 'ORT `tl(1RBOR AMERICAN :SEC ORANGE COUNTY GROWTH PO :MING COMMISSICH STUDY C ,LUTIO.i NO. 8679 lip O= YHA Oki! 00 NEAP", T ;DjaG Ono Au naj CIT. ZARLISHIN3 AM An HOC QTING CIT'. NACL Rr OD 'LEK; SS ,ECTION COUNCIL f v- Y IT n1NAPARK LEASE COMMITTEE; N POST 391 LEASE COMMITTEE CY - JOINT CITY COUNCIL _'__`iD IT'TEE) AND REPEA Ii;C, WHEREAS, the efficient Lunction:ina of the City's business requires the creation of special subcommittees (ad hoc) of the City Council to study and review community issues and make recommendations concerning appropriate Council action; and WHEREAS, there is also a need for permanent standing committaos of the Council to keep abreast of current events within the purview of the committee and make periodic recor>.menda- tions to the Cite Council conca"P i.ng needed legislation, poLic cr information Cl &c.iencies; and ;THEREAS, the City Cou:icil has established procedural policies governing the conduct operations of such committees; PTHERE:S, each time a c_'V committee is established, or an old committee is deleted, this resolution should be repealed hl th= vaoption of a new resolutlin. NOW, ` aPREPORE, uE Ii' ..;SOLVED tit_.. the Cit.; Council ,_ City of Nowport Boach wv . hereby esowlioh and r__i -�. i 'wing Standing and ad ._.. _ committees and committe4, COUD;CiL Si o CO9UIITTEP7S 007:F l, TORTS Cn ?NTTTZE b of prop Ir by ,.h• applicant. A, Review cn in own initiati -n. or Council instructions, lo lativc measures not the pwview Of L--Y other CO-Mutlittee having an impact on the af�airs of city government of the community as a whole; B. Keep abreast of all legisl.tive measures pending at the county, state, or federal level influencing local government C. Act on its own initiative to present testimony or corres- pondence in support of established-city policies or principles of local home rule in order to make a timely response at legislative hearings. PROCLAI-IATION CO.NLMITTEE A. Committee of one consisting of the Mayor or his designated representative to isnon official city StaWmenLs recOgninin,� significant charitable, -,_:"vice, or philanthropic events in the Harbor Area; B. Cooperate with local burin- =ss or professional organization by acknowledging through proclamations husiness activity recognition periods of significant to the local economy;. C. In the absence of the Mayo!, the Mayor Pro Tempore may issue such proclamations n3 his own initiative. �NQERGROUNO UTILITIES B. Pass upon all requests to :tend exist: ivy use permics Nhicn have teen Rpprovwd by W Kanning Coma KnOon and azoWl '2,-" by ,.h• applicant. A, Review cn in own initiati -n. or Council instructions, lo lativc measures not the pwview Of L--Y other CO-Mutlittee having an impact on the af�airs of city government of the community as a whole; B. Keep abreast of all legisl.tive measures pending at the county, state, or federal level influencing local government C. Act on its own initiative to present testimony or corres- pondence in support of established-city policies or principles of local home rule in order to make a timely response at legislative hearings. PROCLAI-IATION CO.NLMITTEE A. Committee of one consisting of the Mayor or his designated representative to isnon official city StaWmenLs recOgninin,� significant charitable, -,_:"vice, or philanthropic events in the Harbor Area; B. Cooperate with local burin- =ss or professional organization by acknowledging through proclamations husiness activity recognition periods of significant to the local economy;. C. In the absence of the Mayo!, the Mayor Pro Tempore may issue such proclamations n3 his own initiative. �NQERGROUNO UTILITIES A. Act in on jovisory capaci v to tha City Cooncil on mnacm- -, concerning undergrounding of utilities. S. Cowrdinat:; underground wn-k and plans boLwaan the City and the nkEected utility acapanics. - Recompenj Lo Council " ; in water tnte structurt.; to Council On 'r budget &I ln,q; and Winil ot- cnpitn' inpinvamnnt O-P :� purss; • 0 . i:.;.ri.ctxnq ...._ otars. COUNCIL ''.J -Hc': CO2L'4T`? ES '.CdiS CONNOTES A. Renew all applications for positions to City boards and commissions; B. Conduct any necessary interviews with individual applicants; C. Recommend applicants to the City Council at a regular public City Council meeting. BUCCET COMMITTEE A. Review and recommend for Council consideration fiscal policy for preparation of the proposed operating budgets for the city government. BUSINESS LICENSE; REST RUCTUP-ING CCi= dlT' A. Roview the present business license fee schedule and make recommendations for a restructuring of the fee schedule. CENSUS COMMITTEE A. Assist in developing the five discretionary questions for tk� Special Census Coy :mittoe; S. Review the discretionary gweations :proposed by Staff; and C. Rewort back to Council with recommwAdat.ions. AFFAIRS COMMITTEE U. proposed Coastal and other fret VA-_se the City Council on appropri irziementaKon of the CAv Charcu .... _:;ay alignments; s, ite actions governing .andavo concerning ,9 nnning `_!1^ L0 P; T L s, for n,--,; Ot �-C S C07,TEE zin �,io -MIT r. TO -IdV gard -�sh. ',Do! i- c J.Se Cj staf E with re to o�r o! e m003- -ng 12 slat:` decisions. B- To determine on equitable mooring rental fee consistent with the tideland trust conditions. C. To make suggestions and recori-imendations with regard to appropriate provisions to be included in the Offshore Mooring Fees Ordinance. D. To hold meetings with interested citizens in order to receive comunity input relevart to the regulation of 01`shore l000rlings. =-ST--EET (ALL) COM-MITTEE A. MzEct with businessmen and property owners to develop proposals fc- resolution of an area's parking difficulties. rec=.-ne-,,I-,tiorF concE,rrifig utjjizaj-.--., tha area's f-l'-r share apPortionment of the off-street parking facilities acqijisition trust fund. C. ":sides stlan,.IardE for t",- co-Juc' of rub' c oEf4.c,=. gov:!r--, ng the conldnct- o, Ci Cou-c"Ll _I: -'S. --CTINIG Crj,�,,7. T. �zud- and to L',-Ic City Coijilci-1 on the advisability 1- 1-D ,I n -17. CTIi2 COIIV:I-il;�:., �:J APR 14 1975 By fh• CITY COUNCIL CITY OF NAW:ORT BEACH 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 10, 1975 TO: MAYOR AND CITY COUNCIL FROM: Lido Community Lease Committee SUBJECT: LIDO ISLE COMMUNITY ASSOCIATION BEACH LEASE r PS,2 D -1 The Lido Isle Community Lease Committee has been reviewing the Lido Isle leases and meeting with the Lido Isle Community Association for approximately sixteen months. A legal opinion was received on July 3, 1974 from the law firm of Nossaman, Waters, Scott, Krueger & Riordan concluding that the City may release the beach area to the Community Association under specific conditions. Attached you will find a copy of a summary of this legal opinion. (Exhibit "A ") The Committee has determined that the pro- posed release to the Community Association complies in all respects to the conditions suggested by the legal opinion. The City Attorney or members of the Committee may want to further clarify the legal aspects of the lease with the City Council during the study session. On January 31, 1975, the City received a complete appraisal of the lands subject for releasing. Attached,members of the City Council will find a copy of the complete appraisal report. In summary, the appraiser found that "the annual fair rental is in the amount of $3,700." This ap- praisal has also been reviewed by the Community Association and it is my understanding that they are willing to pay the annual fair rental price to the City of Newport Beach. Also attached, by way of general information, is the Lease Com- mittee's original report submitted to the City Council November 26, 1973. It is noted in the original report that the suggested rental was $3,566.18 per year. The annual fair rental as established by the appraiser is ex- tremely close to this suggested amount contained in the original report. The Committee now believes that all of the necessary studies and reports have been concluded and the subject matter is now ready for review and a decision by the City Council. There will be a map available at the study session which will illustrate the area covered by the old lease and the area proposed for re- lease by the City to the Community Association. The area for release has been reduced considerably from the area currently being leased by the Com- munity Association, and this will be illustrated at the study session. If the City Council concurs with the suggestions made herein, the following action should be taken: The City Attorney should be directed to prepare the lease document for formal presentation to the City Council and the Lido Isle Community Association. Page -2- 0 2. The City Manager should be directed to prepare ,and process a Negative Declaration for the subject lease. The Committee looks forward to discussing this report with the City Council. RLW:mm Attachments: Exhibit "A" HOWARD ROOERS Councilman ROBERT L. WYNN City Manager 0-;L i r r; AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA County of Orange f E, I . ................... AR ..... .VO .......... HAAPA .................... 1................, being first dryly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the .....NOTICE OF PUBLIC HEA ?I: G ...................... ....... .... .................... LEGAL NOTICE ........ ... ........ ... .... .......... ....... ............... .- ............................. of which NOTICE copy attached hereto is a true and complete copy, was OF PUBLIC HEARING printed and published in the regular issue(s) of said NOTICE IS HEREBY 1........... GIVEN that the City Council newspaper, and not in a supplement, ...... consecu- of the City of Newport Beach five times: to -wit the issue(s) of will hold a public hearing April regarding an extensiontothe ._3,_..1.975..,...._......... Lido Isle Beaches Lease with the Lido Isle Community As- .. ............................... _....... ............................... _ sociation; and consideration .................- ............ of a Negative Declaration .... ............................... in connection therewith, ................. . ..................... ... ........ .................... ................ NOTICE IS HEREBY FURTHER GIVEN that the ............ .............................................. said public hearing will be .. held on the 14th day of April, 1975, at the hour of 7:30 ( Signed)....' �_: P.M. in the Council Chambers of the City Hall Subscribed and sworn to before me this.. .ra.....day of of the City of Newport Beach, April 75 19......... California, at which time .................. ............................... and place any and all per- sons interested may appear ' C.^- �ti.:........._..,.::....:� ✓._.. and be heard thereon. ...`,..: u.,_ .�-.:_..._. Notary P Vii, in and for the Laura Lagios City Clerk County o Orange, State of alifornia. City of Newport Beach Publish: April 3, 1975, in the Newport Harbor Ensign. f.S -I- 1,975; By 4e CITY COUNCIL CITY OF NEB ORT B_RCH LEASE THIS LEASE, made and entered into this i 1 day of it IF \ 1975, by and between the CITY OF NEWPORT BEACH, a c 4artered municipal corporation, hereinafter referred to as "Lessor ", and the LIDO ISLE COMMUNITY ASSOCIATION, a California non - profit corporation, hereinafter referred to as "Lessee ": R E C I T A L S: A. Lessor holds title and is the owner of certain harbor frontage and tidelands, together with certain uplands abutting thereon located on Lido Isle, City of Newport Beach, County of Orange, State of California, hereinafter more particularly described. B. Lessee has leased said property from the Lessor and has improved and maintained said property pursuant to a lease agreement between Lessor and Lessee dated June 11, 1951. The term of the said existing lease expires on June 10, 1976. Lessee has requested Lessor to extend the term of said lease for an additional period of twenty -five (25) years under the following terms and conditions. C. It is the judgment of the City Council of the City of Newport Beach that it is for the best interests and welfare of said City and the residents thereof, to lease said lands hereinafter described to Lessee for the purposes hereinafter set forth, for the consideration hereinafter maintained, and under the terms and condi- tions of this Lease. D. It is the judgment of the City Council of the City U -/ of Newport Beach that the uplands cannot be used without the tidelands, nor can said tidelands be used without the uplands abutting thereon; and it is further the judgment of Lessor that the leasing of the whole of said lands hereinafter described as one parcel is necessary for the proper development and use of said lands, water frontage and tidelands for recreational, beaches, commerce, navigation and fishery purposes. -1- a E. It is the judgment of the City Council of the City of Newport Beach that the leasing of said lands hereinafter described, to Lessee, upon the conditions in this lease agreement specified, is not inconsistent with the trust purposes imposed upon such portions of the lands hereinafter described which may constitute tidelands, nor is the leasing of said adjoining uplands hereinafter described in violation of the gift clause of the Constitution of the State of California; it is further the judgment of the City Council of the City of Newport Beach that this Lease complies with the Charter of the City of Newport Beach, all local ordinances and the General Laws of the State of California. F. It is the judgment of the City Council of the City of Newport Beach that said leased lands cannot feasibly and practically be used by the general beach -going public because of limited vehicular and pedestrian access, lack of parking facilities and other support accommodations for the public. G. It is the desire of Lessor and Lessee to substantially reduce the area of leased lands from that described in the existing lease agreement between Lessor and Lessee and in addition, Lessor and Lessee desire to reserve for the public certain access easements over portions of said leased lands and to reserve a right of access to the State of California to all tidelands which may be a part of and which adjoin said leased lands. H. Lessor and Lessee have retained the professional servjr :(; of an independent appraiser for the purpose of determining the fair rental value of said leased lands in order to comply with the General Laws and the Constitution of the State of California. I. It is the intention that said leased lands shall be used only for park, recreation, beaches, commerce, navigation and fishery purposes. J. Lessor proposes to lease to Lessee the property described hereinafter, and Lessee is willing to accept said lease on the terms and conditions hereinafter set forth. The City Council of the City of Newport Beach finds and determines that this lease does not violate -2- Section 1402 of the Newport Beach City Charter in that this lease constitutes a releasing of property under lease on the effective date of said City Charter. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND THE MUTUAL COVENANTS set forth below, Lessor and Lessee hereby agree as follows: I. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessee does hereby accept a lease of the property located on Lido Isle, in the City of Newport Beach, County of Orange, State of California, as more particularly described and depicted in that certain appraisal report covering beach properties on Lido Isle leased by the City of Newport Beach to the Lido Isle Community Association, prepared by Mawhinney and Associates, Inc., real estate appraisers, and dated January 31, 1975, which has been marked Exhibit "A" and attached hereto and made a part herein by this reference. II. TERM The term of this lease shall be for a period of twenty- five (25) years, commencing on the 15th day of April, 1975, and expiring on the 14th day of April, 2000. III. RENTAL Lessee covenants and agrees to pay to Lessor the sum of Three Thousand Seven Hundred Dollars ($3,700.00) per year for the use and occupancy of said leased lands, payable on the 15th day of April of each year so long as this lease remains in effect, commenc- ing on April 15, 1975. . The rental payable for the first year shall be subject to proration by the remainder of the amount of any rents paid under the existing lease. Said rental payment is deemed to be the fair rental value for said demised property. IV. ADJUSTMENT OF ANNUAL RENTAL Commencing with the 15th day of April, 1980, and every five (5) years thereafter, until the expiration or termination of -3- this Lease, whichever occurs first, the minimum rental sum as set forth in Paragraph III of this lease shall be subject to increase or decrease in proportion to changes in the assessed valuation. Said increase or decrease in the assessed valuation shall be based on a random selection of at least twenty (20) parcels of property located on Lido Isle to be chosen by the City Manger but which shall be representative of all property classifications on the island. In no event, however, shall the rent be reduced below Three Thousand Seven Hundred Dollars ($3,700.00) per year. V. USE Lessee shall use the demised lands, together with any improvements located thereon, exclusively for recreation, beach, park, commerce, navigation, fishery and water and marine oriented purposes only. Lessee agrees that it will not erect or construct any building or other structure upon any portion of said demised premises without prior approval of the City Council of the City of Newport Beach. VI. MAINTENANCE Lessee covenants and agrees that during the term of this lease it will, at its own cost and expense, maintain the grounds, landscaping, piers, floats and any other improvement of any kind in existence or nature constructed or installed in the future on the demised property by the Lessee, at a high standard of maintenance and repair. If in the judgment of Lessor, such standards of maintenance and repair are not being maintained, Lessor may, at its option, after written notice thereof to the Lessee and Lessee's failure to commence in good faith to remedy the same within a reasonable time, to diligently prosecute the same to completion, elect to correct any deficiency and Lessee covenants and agrees to pay to the Lessor on demand any and all sums expended by it in correcting any such deficiency. VII. INSURANCE - HOLD HARMLESS Lessee shall save and keep Lessor, its officers, agents and employees free and harmless from any and all claims or demands 0 0 of any name or nature whatsoever- arising out of, or incident to, the use and occupancy of the property herein described in this Lease. In partial performance of this obligation by Lessee, Lessee shall procure and at all times during the term of this lease maintain in full force and effect a policy, or policies, of public liability and property damage insurance protecting the City of Newport Beach, its officers, agents and employees from all claims or demands for damages. The policy, or policies, shall provide for not less than Two Hundred Thousand Dollars ($200,000.00) for injury or death of one person; Five Hundred Thousand Dollars ($500,000.00) for injury or death of two or more persons; and Fifty Thousand Dollars ($50,000.00) for damages to property. The City Manager may require an increase in the amount of insurance from time to time in accordance with changes in economic conditions. Attached to said policy shall be an endorsement which shall provide as follows: "Within the limits set forth in this policy, to indemnify and save the City of Newport Beach, its officers, agents and employees, free and harmless from all damage, claim, loss or liability of any name or nature whatsoever which the City of Newport Beach, its officers, agents or employees may hereafter sustain or incur, or may be imposed upon them, arising out of, or in any way connected with, the use or occupancy by the insured, its servants, agents and employees, of the premises described in a lease granted to insured by the City of Newport Beach." Lessee shall furnish, and maintain with the Lessor, either the original policy, or policies, or a certified copy, or copies, thereof. The policy, or policies, shall be approved as to sufficiencv by the City Manager and as to forrr by the City Attorney. VIII. PUBLIC ACCESS There is hereby reserved over said lease properties at those points as designated in Exhibit "A ", public access easements -5- four (4) feet in width running from the adjacent dedicated streets to the adjoining tidelands. Further, there is hereby reserved to the people of the State of California the right to fish in the waters on or adjoining said demised lands and the right of convenient access to said water over said access easements for said purpose. IX. LESSOR'S RIGHT OF INSPECTION Lessor reserves the right by its authorized agents, employees or representatives to enter the leased premises to inspect the same or any part thereof at any time and to attend to or protect the Lessor's interest under this lease. X. COMPLIANCE WITH LAWS Lessee covenants and agrees to comply with all rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, the City of Newport Beach or any other governmental body or agency having lawful jurisdiction over the leased property. XI. ASSIGNMENT Lessee shall not assign, transfer, sublease or give any grant of control of this lease or demised premises, or any part thereof, either voluntarily or involuntarily, unless first approved by the City Council. XII. NON- COMPLIANCE If the Lessee fails to comply with any of the terms and conditions of this lease, the Lessor may give to the Lessee a notice in writing of such failure and specify therein the particu- lars in which Lessee has failed to comply with the provisions of this lease. If the Lessee fails for a period of thirty (30) days after the giving of such notice to comply with the provisions of this lease, the Lessor may, at its option, terminate this lease, and all rights of the Lessee therein shall cease and terminate and the Lessee shall immediately thereafter deliver possession of the premises to the Lessor. XIII. DEFAULT AND TERMINATION OF LEASE Time and each of the terms, covenants and conditions hereof arc expressly made the essence of this lease. Ll 0 If the Lessee shall fa.il to comply with any of the terms, covenants, or conditions of this lease, including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty (30) days after service of a written notice from Lessor so to do if the defult may be cured by the payment of money, or to commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion, or if Lessee shall abandon or vacate the leased premises, Lessor may, at its option, and without further notice or demand, terminate this lease and enter upon the leased premises and take possession thereof, and remove any and all persons therefrom with or without process of law. XIV. SURRENDER OF POSSESSION UPON EXPIRATION OR TERMINATION Upon the expiration of the term of this lease or sooner termination thereof as herein provided, Lessee shall peaceably deliver possession of said demised property to Lessor with all improvements located thereon in the same condition as delivered to Lessee, reasonable use and wear thereof, and damage by fire, Act of God, or by the elements excepted. Any imporvements or additions built, constructed or placed upon the leased property by Lessee shall remain on the leased premises and become the property of the Lessor without any cost to Lessor upon the expiration or termination of the lease. XV. REMEDIES CUMULATIVE The rights, powers, elections and remedies of the Lessor contained in this lease shall be construed as cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law, and the exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of Lessor's right to exercise any other. XVI. NO WAIVER No delay or omission cf the Lessor to exercise any right or power arising from any omission, neglect or default of the -7- • 0 Lessee shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessee or any acquiescence `herein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms, covenants, agreements, restrictions or conditions of this lease. XVII. HOLDING OVER It is mutually agreed that if the Lessee shall hold over after the expiration of this lease for any cause, such holding over shall be deemed a tenancy from month -to -month only, upon the same terms, conditions and provisions of this lease, subject to payment by Lessee to Lessor of the sum of Five Hundred Dollars ($500.00) per month. The provisions of this clause shall not be held as a waiver by Lessor of any right of re- entry, nor shall receipt of said rent or any part thereof, or any other act in apparent affirmance of the tenancy, operate as a waiver of the rights to forfeit this lease and the term hereby granted for the period as herein provided. XVIII. NOTICES It is mutually agreed that any notice or notices provided for by this lease or by law, to be given or served upon Lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach addressed to the City Manager, 3300 Newport Boulevard, Newport Beach, California 92660, or at such other address as may be hereafter furnished to the Lessee in writing, and if intended for Lessee, addressed to its Administrator., Lido Isle Community Association, 701 Via Lido Soud, Newport Beach, California 92660, or at such other address as may be hereafter furnished to the Lessor in writing, or it may be served personally upon any corporate officer of Lessee or person charged with general management responsibilities in connection with the leased property; and that any notice or notices provided by this lease or by law to be served upon Lessor may be served personally upon the Mayor of the City of Newport Beach or the City Clerk of said City. Such service shall be deemed complete at the expiration of forty -eight (48) hours from and after the deposit in the United States mail of such notice, demancl or communication. XIX. MISCELLANEOUS A. Inurement Each and all of the covenants, conditions and agreements herein contained shall, in accordance with the context, inure to the benefit of Lessor and apply to and bind Lessee, its respective heirs, legatees, devisees, executors, administrators, successors, assigns, licensees, permittees, or any person who may come into possession or occupancy of said premises or any part thereof in any manner whatsoever. Nothing in this paragraph shall in any way alter the provisions herein contained against assignment or subletting or the granting of licenses or concessions. B. Captions The captions of paragraphs and subparagraphs of this lease are for convenience only and do not in any way limit or amplify the terms and provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. APPROVED; S TO FORM: City t rney CITY OF NEWPORT BEACH a municipal corporation By: Mayor ATTEST: By: City C1er LIDO ISLE COMMUNITY ASSOCIATI�rlQ f P -_!dent By: Secretary -9- i • NEGATIVE DECLARATION for RENEWAL of the LIDO ISLE BEACH LEASE prepared by THE CITY OF NEWPORT BEACH 1. PROJECT DESCRIPTION. The project consists of the amendment and renewal of an existing lease between the City of Newport Beach and the Lido Isle Community Association, which grants the Association the right to use certain public tidelands and abutting uplands. The project does not include any alterations to the physical environment. 2. PROJECT LOCATION. The lease, as amended, will pertain to the property described and depicted in the appraisal report prepared by Mawhinney and Associates, Inc., real estate appraisers, dated January 31, 1975, which has been attached to the lease. 3. DISCUSSION OF ENVIRONMENTAL IMPACTS. While this project will not have any impacts on the physical environment, the leasing of this property will preclude the general public from using this property. However, the amount of land to be leased will be reduced from approximately fifteen acres under the existing lease to approximately 5.2 acres under the proposed lease. Further, the amended lease will provide for public access point's across the affected property. Finally, the leased lands could not feasibly and practically be used by the general beach -going public because of the limited vehicular access and the lack of parking and other support facilities. 4. BASIS FOR NEGATIVE DECLARATION. This project has been carefully reviewed in conjunction with Sections 15081, 15082, and 15083 of the Guidelines for the Implementation 0 a _ p _ of the California Environmental Quality Act of 1970, as amended, contained in Tittle 14, Division 6, California Administrative Code. In view of the above discussion of Environmental Impacts and the criteria set forth in these sections, it has been determined that the project is not in conflict with the environmental plans and goals of the community, will not have any impact on the physical environment, and will not adversely affect the public's ability to use the shoreline of Newport Harbor. Therefore, it has been determined that this project will not have a significant adverse impact on the environment. WRF /kk 3/31/75 • 0 RESOLUTION NO. 8462 8PR 1 4197S A RESOLUTION OF THE CITY COUNCIL OF THE CITY By the CITY CUUNCIL OF NEWPORT BEACH AJTHORIZING THE MAYOR AND CITY CITY OF N4WPQRT 8,ZAC EILERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH ANI> THE LIDO ISLE COMMUNITY ASSOCIATION WHEREAS, there has been presented to the City Council of the City of Newport Beach a lease agreement between the City of Newport Beach and the Lido Isle Community Association in connection with property located on Lido Isle, in the City of Newport Beach, County of Orange, State of California; and WHEREAS, the City Council has considered the terms and conditions of said lease agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th day of April. 1975. Mayor ATTEST: City C rS;L - J -/ DDO /bc 4/9/75 0 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is executed on behalf of the parties hereto in order to clarify and define the areas of public access provided for in Pragraph VIII of the Lease Agreement between the City of Newport Beach and Lido Isle Community Association dated April 15, 1975. Pursuant to said lease document, rights of ingress and egress to contiguous tidelands over paths four feet in width were reserved over several of the leased parcels for the benefit of the public. It has now been discovered that several of the reserved four feet paths were erroneously designated over Lot A, and others have not as yet been designated. In addition, Lessee states that it has found conflicts arising between its members use of Lot A and the public's use of the erroneously described paths crossing Lot A. In order to resolve the errors and to designate the previously undesignated paths and to clarify other paths reserved for the public, a path crossing Lot B is substituted for those crossing Lot A; and all of said paths are described as follows and substituted in lieu of those descriptions contained in said lease of April 15, 1975: Lot B - The westerly four (4) feet of the easterly eight (8) feet of said lot. Lot D - The westerly four (4) feet of the easterly fifteen (15) feet of said lot. Lot E - The westerly four (4) feet of the easterly twelve (12) feet of said lot. Lot G - The westerly four (4) feet of the easterly twenty -two (22) feet of said lot. Lot H - A path four (4) feet in width the centerline of which is described as follows: Commencing at a point on the southerly line of said lot thirty -five (35) feet distant from the easterly line of said lot, then northerly at a distance of seventy -eight (78) feet along a line parallel to the easterly line of said lot, then easterly a distance of seven (7) feet along a line parallel to the southerly line of said lot, then northerly to the north line of said lot along a line parallel to the easterly line of said lot. Lot J - A path four (4) feet in width the centerline of which is described as follows: Commencing at a point on the southerly line of said lot thirty (30) feet distant from the easterly line of said lot then northerly a distance of sixty -three (63) feet L1 along a line parallel to the easterly westerly a distance of seven (7) feet to the southerly line of said lot then line of said lot along a line parallel of said lot. Dated: ATTEST: City Clerk �1 line of said lot then along a line parallel northerly to the north to the easterly line CITY OF NEWPORT BEACH a municipal corporation By: Mayor LIDO ISLE COMMUNITY ASSOCIATION By: President us ecretary i/ NOSSAMAN, WATERS, SCOTT, KR U EGER & RIORDAN Dennis O'Neil, Esq. July 3, 1974 Page Thirty -Four IV ExNia17' To summarize the points made in this letter: (1) The City has authority to enter into the Lease Renewal with the Association subject to certain con- ditions; (2) The Lease Renewal must limit the uses of the leased tidelands to those uses which are consistent with the tideland trust for commerce, navigation and fishery; (3) The City should assume for the purposes of the lease that all of the Leased Lands are subject to the tideland trust because this will avoid the expense of an extensive engineering study to qualify and quantify the various types of lands and comply with applicable case and statutory authorities which may impose restrictions on the non - tideland portions of the Leased Lands. (4) It is advisable to find that the Leased Lands cannot be used for public purposes (assuming that to be the fact). (5) The lease may provide for the exclusive use of the Leased Lands except: (a) Rights reserved in the 1919 Statutory Grant; (b) Reasonable access routes for the public; and (c) Any rights or interests disclosed in a current title report; (6) The Leased Lands should be relatively small both in area and in effect. To this end, the City should climinat(� from the Leased Lands those areas which are not available to all members of the Association. The lands so excluded could be leased on an individual basis. D — / 0= 0 0 NOSSAMAN, WATERS, SCOTT, KRUEGER & RIORDAN Dennis O'Neil, Esq. July 3, 1974 Page Thirty -Five (7) The Leased Lands should be leased at the cur- rent fair rental value without deduction for the Association's maintenance expenses and without deduction for any alleged moral obligation. (8) The California Coastal Zone Conservation Act may apply, and the Environmental Quality Act does apply, to the proposed Lease. We trust the foregoing answers your preliminary inquiry on the subject. If you have any questions or desire any further advice on any point, please let us know. Respectf ly submitted, Robert B. Krueger _ of NOSSAMAN, WATERS, SCOTT KRUEGER & RIORDAN 0 • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding an extension to the Lido Isle Beaches Lease with the Lido Isle Community Association; and donsideration of a Negative Declaration in connection therewith. K NOTICE IS HEREBY FURTHER GIVEN that the said public hearing will be held on the 14th day of April , 1975 , at the hour of 7;30 P.M. in the Council Chambers of the City Hall of the City of Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. Laura Lagios City Clerk City of NewWrt Beach '7 1el Laura Lagios City Clerk City of NewWrt Beach AFFIDAVIT OF POSTING On 7 L ( -7-iJ' _, I posted on the property involved a Notice of Public Hearing regarding: an extension to the Lido Isle Beaches Lease with the Lido Isle Community Association; and consideration of a Negative Declaration in connection therewith. Date of Hearing: .. ``. V 011 • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 10, 1975 STUDY SESSION N0. 11 TO: MAYOR AND CITY COUNCIL FROM: Lido Community Lease Committee SUBJECT: LIDO ISLE COMMUNITY ASSOCIATION BEACH LEASE The Lido Isle Community Lease Committee has been reviewing the Lido Isle leases and meeting with the Lido Isle Community Association for approximately sixteen months. A legal opinion was received on July 3, 1974 from the law firm of Nossaman,.Waters, Scott, Krueger & Riordan concluding that the City may release the beach area to the Community Association under specific conditions. Attached you will find a copy of a summary of this legal opinion. (Exhibit "A ") The Committee has determined that the pro- posed release to the Community Association complies in all respects to the conditions suggested by the legal opinion. The City Attorney or members of the Committee may want to further clarify the legal aspects of the lease with the City Council during the study session. On January 31, 1975, the City received a complete appraisal of the lands subject for releasing. Attached,members of the City Council will find a copy of the complete appraisal report. In summary, the appraiser found that "the annual fair rental is in the amount of $3,700." This ap- praisal has also been reviewed by the Community Association and it is my understanding that they are willing to pay the annual fair rental price to the City of Newport Beach. Also attached, by way of general information, is the Lease Com- mittee's original report submitted to the City Council November 26, 1973. It is noted in the original report that the suggested rental was $3,566.18 per year. The annual fair rental as established by the appraiser is ex- tremely close to this suggested amount contained in the original report. The Committee now believes that all of the necessary studies and reports have been concluded and the subject matter is now ready for review and a decision by the City Council. There will be a map available at the study session which will illustrate the area covered by the old lease and the area proposed for re- lease by the City to the Community Association. The area for release has been reduced considerably from the area currently being leased by the Com- munity Association, and this will be illustrated at the study session. If the City Council concurs with the suggestions made herein, the following action should be taken: The City Attorney should be directed to prepare the lease document for formal presentation to the City Council and the Lido Isle Community Association. Page -2- 0 2. The City Manager should be directed to prepare and process a Negative Declaration for the subject lease. The Committee looks forward to discussing this report with the City Council. HOWARD ROGERS Councilman ROBERT L. WYNN City Manager RLW:mm Attachments: Exhibit "A" Appraisal Report General Information Report NOSSAMAN, WATERS, SCOTT, KROER & RIORDAN Dennis O'Neil, Esq. July 3, 1974 Page Thirty -Four IV To summarize the points made in this letter: (1) The City has authority to enter into the Lease Renewal with the Association subject to certain con- ditions; (2) The Lease Renewal must limit the uses of the leased tidelands to those uses which are consistent with the tideland trust for commerce, navigation and fishery; (3) The City should assume for the purposes of the lease that all of the Leased Lands are subject to the tideland trust because this will avoid the expense of an extensive engineering study to qualify and quantify the _ various types of lands and comply with applicable case and statutory authorities which may impose restrictions on the non - tideland portions of the Leased Lands. (4) It is advisable to find that the Leased Lands cannot be used for public purposes (assuming that to be the fact). (5) The lease may provide for the exclusive use of the Leased Lands except: (a) Rights reserved in the 1919 Statutory Grant; (b) Reasonable access routes for the public; and (c) Any rights or interests disclosed in a current title report; (6) The Leased Lands should be relatively small both in area and in effect. To this end, the City should eliminate from the Leased Lands those areas which are not available to all members of the Association. The lands so excluded could be leased on an individual basis. - � s NOSSAMAN, WATERS, SCOTT, KRUEGER & RIORDAN Dennis O'Neil, Esq. July 3, 1974 Page Thirty -Five (7) The Leased Lands should be leased at the cur- rent fair rental value without deduction for the Association's maintenance expenses and without deduction for any alleged moral obligation. (8) The California Coastal Zone Conservation Act may apply, and the Environmental Quality Act does apply, to the proposed Lease. We trust the foregoing answers your preliminary inquiry on the subject. If you have any questions or desire any further advice on any point, please let us know. Respectfully submitted, 1A, 4, Robert B. Kruege� of NOSSAMAN, WATERS, SCOTT KRUEGER & RIORDAN Y LEA.. n , y 115 H-3 - a d I-J. -, Ens e d -- e a 1 ES:,_, e- --n r, q '. q � r I I--.- - - T m v n -eo -h ores na I am T I,el, -'�,p c n, ., a te� e d YOUT ovl- n 11-C. ol�- s r s5t2 cf th a.-,prraisal feee 'CS` t�e j-U, .-°7 TUI--C`l- - - he fees 71 i 1"Cli inearls ---v Y-u iDaid f �'t yc �!,L-.-s; fl'onm t'— -t�te of o 1 r. !!r The of Vy 0 entil- 7� ro' L Y .y E er. y S �3 5 1`12 Vt. -e7 � Lid I I __ " ,nR one S u. a -v - a 7 i - - s L-` Isl E, ;�x c e 7- w- 1d be an an- ua =-n.ta I to 1- Id 0 13 1 e C-,, f - , , , ��4. pv JI a d I-J. -, Ens e d -- e a 1 ES:,_, e- --n r, q '. q � r I I--.- - - T m v n -eo -h ores na I am T I,el, -'�,p c n, ., a te� e d YOUT ovl- n 11-C. ol�- s r s5t2 cf th a.-,prraisal feee 'CS` t�e j-U, .-°7 TUI--C`l- - - he fees 71 i 1"Cli inearls ---v Y-u iDaid f �'t yc �!,L-.-s; fl'onm t'— -t�te of o 1 r. !!r The of Vy 0 entil- 7� ro' L Y .y E er. y S �3 5 1`12 Vt. -e7 � Lid I I __ " ,nR one S u. a -v - a 7 i - - s L-` Isl E, ;�x c e 7- w- 1d be an an- ua =-n.ta I to 1- Id 0 13 1 e C-,, f - , , , ��4. pv no j C s s r 7.7:a C th' T 7 1 'VENDOR SHIP TO ti. :.� :.- ueot.R]PT'tON OF =ARTICEES OR :S ERVICE5 REQUIRED' -UMT PRICE TOTAL ONL'y -iFH " n '.AMOA7NT - .. ' .. 7D'vis,on .. IMPORTANT CITY OF NEWPORT BEACH The Articles cove led by this Purchase Order or Contr form with the Safety Orders of the State of, 'Califof Industrial Spam. Show as 'a separate item any re[aiI 'sales taz, use tax applicable to this purchase. This.orde, subjecrto Cahmoria also tax. . D. W. MEANS ' All allowable transportation charges must be prepaid and shown as ti separate item on the invoice. Do not include Federal transpor ta- PURCHASING AGENT tion tax. DEPARTMENT. COPY i ry I � PORT BEACH 33D0flEWPOP,TBOULEVQP.D NEWPORT BEACH, CALIFORNIA 92660 THIS R ON A pJMpCE APPEAR ON qL! INVOICC S, ING ExPR1ESS RECEIPTS PACKAGES. M11VST SXne. AND PHONE: (714) 673 -2110 DELI E VERY TICK PRETS SHALL IN ' DATE _.... �. :_: DEPT 'VENDOR SHIP TO ti. :.� :.- ueot.R]PT'tON OF =ARTICEES OR :S ERVICE5 REQUIRED' -UMT PRICE TOTAL ONL'y -iFH " n '.AMOA7NT - .. ' .. 7D'vis,on .. IMPORTANT CITY OF NEWPORT BEACH The Articles cove led by this Purchase Order or Contr form with the Safety Orders of the State of, 'Califof Industrial Spam. Show as 'a separate item any re[aiI 'sales taz, use tax applicable to this purchase. This.orde, subjecrto Cahmoria also tax. . D. W. MEANS ' All allowable transportation charges must be prepaid and shown as ti separate item on the invoice. Do not include Federal transpor ta- PURCHASING AGENT tion tax. DEPARTMENT. COPY 0 M December 16, 1974 Mr. John R. Mawhinney, President Mawhinney G Associates, Inc. 4630 Campus Drive, Suite 107 Newport Beach, CA 92660 The Lido Isle Community Association 701 Via Lido Soud, Lido Isle Newport Beach, CA 92660 Subject: Agreement for Appraisal Services City of Newport Beach Lido Isle Community Association Mawhinney 5 Associates, Inc. Contract No. C -579A Gentlemen: Enclosed is a fully executed copy of subject Letter Agreement in connection with the Lido Isle Beach Lease. On November 25 the City Council authorized the execution of the Agreement by the adoption of Resolution No. 8385. Very truly yours, Laura Lagios, CMC City Clerk LL:kg Encl. CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 11, 1974 TO: MAYOR AND CITY COUNCIL FROM: Lido Isle Lease Committee SUBJECT: LIDO ISLE COMMUNITY ASSOCIATION BEACH LEASE RECOMMENDATION: N0v1 �. 5 1974 COUNCIL AGENDA N0. F -2 That the City Council approve of a budget amendment appropriat- ing $2,500 as this City's share of the cost of an appraisal of certain properites on Lido Isle, and approve the appraisal. DTSCIISS TON - On March 26, 1973 the City Council appointed Councilman Howard Rogers and City Manager Robert Wynn to the Lido Isle Lease Committee and charged this Committee with the authority and responsibility to meet with representatives of the Lido Isle Community Association to review the leas- ing of beach areas to the Association. On November 26, 1973 the Committee submitted to the City Council a report on this subject. Following review of the report, the City Council on January 14, 1974 employed the law firm of Nossaman, Waters, Scott, Krueger & Riordan to render an opinion on whether the City has the authority to enter into a lease renewal with the Community Association. In addition, the firm was requested to submit con- ditions or restrictions for a re -lease if the firm found that the City had the legal right to re- lease. Attached you will find a memo from the City Attorney dated July 24, 1974 summarizing the legal opinion referred to above. The opinion was reviewed in meetings with the Community Associa- tion, and if the beach and water front areas are leased to the Association it has been tentatively conditioned as follows: a. That the language of the lease will be modified to allow uses which are consistent with the trust from the State of California. b. That the language of the lease contains a finding that the leased lands cannot be feasibly used for public purposes because of limited vehicle access, lack of parking, etc. c. That right of access be provided for the public to permit access to the bay waters. Page -2- 0 0 d. That the lands covered by a new proposed lease be reduced considerably in size from the area covered in the present lease. e. That the annual rental rate be fixed following appraisal to determine fair market value. f. That a Negative Declaration be prepared concerning the proposed lease renewal. A map will be available at the City Council meeting to exhibit the area currently under lease and the area proposed for re- lease. The City has contacted the appraisal firm of Mawhinney & As- sociates, Inc. of Newport Beach. Attached members of the City Council will find a copy of the firm's proposal to appraise the subject parcels for a fee of $5,000, with said fee being borne 50% by the City and 50% by the Lido Isle Community Association. It is believed that approval of this appraisal is essential in determining fair market or rental value of the subject parcels. RLW:mm Attachments LIDO ISLE LEASE COMMITTEE HOWARD ROGERS, Councilman ROBERT L. WYNN, City Manager 0 0 CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Summary - LIDO ISLE BEACH LEASE OPINION July 24, 1974 The following is a summary of the conclusions contained in the opinion letter of attorney Robert B. Krueger relating to the authority of the City of Newport Beach to enter into a lease renewal agreement with the Lido Isle Community Association for certain City -owned lands located on the periphery of Lido Isle: THE CITY MAY LEASE THE BEACH AND WATERFRONT AREAS TO THE LIDO ISLE COMMUNITY ASSOCIATION, PROVIDED: A. That the general purposes section of the lease is changed to allow uses which are consistent with the trust. In general, uses which are consistent with the public trust are for commerce, navigation and fishery. The uses set forth in the existing lease are for recreational, educational and civic pur- poses. The opinion suggests that the existing general purpose clause is overly broad, since certain recreational, educational or civic uses may be inconsistent with public trust purposes. Accordingly, it is recommended that the uses be limited to beaches, fishery and other water - oriented recreational purposes. B. That the lease contains a finding that the leased lands cannot be feasibly used for public purposes. For example, because of the somewhat limited vehicular access to the island, and the confined parking conditions which exist thereon, it can be determined that the public cannot practically use the leased lands. C. That a right of access is reserved for the public for purposes encompassed within the trust for commerce, naviga- tion and fishery. The opinion suggests that a reasonable number of routes for public access through the leased lands should be designated. What will constitute a "reasonable" number of points of access is a matter which will be determined during the lease renewal negotiations, depending on the ultimate size of the leased area. t' r� V 0 Lido Isle Reach Lease Opinion -2- July 24, 1974 D. That the lands covered by the existing lease are reduced in size. The opinion recommends that those portions of the leased lands surrounding the island which are presently being used exclusively by the adjoining waterfront owners should be eliminated from the lease. The case law suggests that it would be improper for one private entity (LICA) to have exclusive control over the entire shoreline of a single area (Lido Isle). E. That the annual rental rate be fixed at an amount which would reflect the fair rental value to avoid a possible violation of the "gift clause" of the California Constitution. In addition, the City has a duty under the trust to receive a fair rental value on the lands subject to the trust. The opinion suggests that the State Lands Commission formula of 6% of the appraised value of the lands subject to the lease be used. This requirement will necessitate having appraisal studies made. The fact that the areas in question cannot be built upon and that the public will retain a certain number of access routes over these lands will have a bearing on fair market value. F. That language is added reserving the right of the State to use the leased lands free of charge. G. That a permit from the South Coast Regional Conservation Commission is obtained. The opinion suggests, however, that this may not be necessary in that the lease renewal may qualify for an exemption from the Coastal Zone Conservation Act. H. That an environmental impact report is prepared. The opinion suggests that a Negative Declaration in lieu of an EIR may suffice if it can be determined that the lease renewal will not have a significant impact on the environment. The Lease Renewal Committee intends to reconvene within the near future for the purpose of working out a new agreement consistent with the conclusions reached in the legal opinion. Our initial response from the Lido Isle Community Association would indicate that they should have no difficulties in complying with the conditions contained in the opinion. Hopefully, we will have a new lease agreement prepared for Council review and approval within the next four to six months. As an aside, the opinion letter points out that a lease payment for public property including tidelands may be set at less than U Lido Isle Beach Lease opinion -3- 0 July 24, 1974 the fair rental value and perhaps even for a nominal sum, if the lease premises are utilized to generally benefit the public. This information supports the terms in the Boys' Club lease of a portion of Eastbluff Park, and will be considered when the American Legion lease is examined. DENNIS D. O'NEIL City Attorney DDO:mh cc: City Clerk City Manager MAWt�1NNEY &ASSOCIATES, \NC. 4630 CAMPUS DRNE • SUM: 1W • NEWPORZ BEACR, CA\.\PORNIA 92660 • 714 1 5 4 5 -114 4 October 24, 1974 The City of Newport Beach/ 3300 Newport Beach t/ Newport Beach, CA 92660 and The Lido Isle Community Association 701 Via Lido Scud, Lido Isle Newport Beach, CA 92660 AUTHORIZATION FOR APPRAISAL SERVICES In consideration of this Employment Agreement between Mawhinney & Associates, Inc., Appraisers, and the Employer comprised of the City of Newport Beach and The Lido Isle Community Association, said parties agree as follows: The Appraisers will make a study and analysis of that certain property as delineated in "Instructions to the Appraiser" and the at- tached map accompanying a letter from the City of Newport Beach dated October 10, 1974, signed by Robert L. Wynn, City Manager (com- prising 11 parcels located on Lido Isle, New- port Beach). The purpose of the Appraised is to estimate the fair market value of the subject property. In return for said services, the Employer agrees to com- pensate the Appraisers as follows: For preparation of the Appraisal Report $5,000. The Employer will reimburse the Appraisers for necessary expenses incurred for materials such as maps, blueprints, photographs, deed copies and related sales search expenses. The Apprais- ers agree to request authorization before in- curring any unusual item of expense. Payment for services and costs will be as follows: The balance of the fee, plus reimbursement of costs, will be due and payable upon sub- mission of the Report. -1- Real Estate Appraisers 0 The City of Newport Beach and The Lido Isle Community Assn. 2 10/24/74 It is further understood and agreed that if any portion of the compensation or costs due the Appraisers becomes delinquent, the Employer agrees to pay interest thereon at the rate of seven per cent (7%) per annum on said account from the date due until paid, and further agrees to pay all costs of collection thereof, including reasonable attorney fees. It is further understood that neither the employment to make the Appraisal nor the compensation therefor is con- tingent upon the amount of valuation as estimated by the Appraisal. APPRAISAL AUTHORIZED: THE CITY OF NEWPORT BEACH (to pay 50% of the fee & costs) m THE LIDO ISLE COMMUNITY ASSOCIATION (to pay 500 of the fee & costs) M MAWHINNEY & ASSOCIATES, INC. ohn R. Mawhinney, P J sident r 4 the C{ i Y COUNCIL CITY RF "r-woq gkar A"CH Office of CITY ATTORNEY 0 To: The Honorable Mayor and July 24, 1974 Members of the City Council From: City Attorney Subject: Summary - LIDO ISLE BEACH LEASE OPINION The following is a summary of the conclusions contained in the opinion letter of attorney Robert B. Krueger relating to the authority of the City of Newport Beach to enter into a lease renewal agreement with the Lido Isle Community Association for certain City -owned lands located on the periphery of Lido Isle: THE CITY MAY LEASE THE BEACH AND WATERFRONT AREAS TO THE LIDO ISLE COMMUNITY ASSOCIATION, PROVIDED: A. That the general purposes section of the lease is changed to allow uses which are consistent with the trust. In general, uses which are consistent with the public trust are for commerce, navigation and fisln ry. The uses set forth in the existing lease are for recreational, educational and civic pur- poses. The opinion suggests that the existing general purpose clause is overly broad, since certain recreational, educational or civic uses may be inconsistent with public trust purposes. Accordingly, it is recommended that the uses be limited to beaches, fishery and other water- oriented recreational purposes. B. That the lease contains a finding that the leased lands cannot be feasibly used for public purposes. For example, because of the somewhat limited vehicular access to the island, and the confined parking conditions which exist thereon, it can be determined that the public cannot practically use the leased lands. C. That a right of access is reserved for the public for purposes encompassed within the trust for commerce, naviga- tion and fishery. The opinion suggests that a reasonable number of routes for public access through the leased lands should be designated. What will constitute a "reasonable" number of points of access is a matter which will be determined during the lease renewal negotiations, depending on the ultimate size of the leased area. 0 0 Lido Isle Beach Lease Opinion -2- July 24, 1974 D. That the lands covered by the existing lease are reduced in size. The opinion recommends that those portions of the leased lands surrounding the island which are presently being used exclusively by the adjoining waterfront owners should be eliminated from the lease. The case law suggests that it would be improper for one private entity (LICA) to have exclusive control over the entire shoreline of a single area (Lido Isle). E. That the annual rental rate be fixed at an amount which would reflect the fair rental value to avoid a possible violation of the "gift clause" of the California Constitution. In addition, the City has a duty under the trust to receive a fair rental value on the lands subject to the trust. The opinion suggests that the State Lands Commission formula of 6% of the appraised value of the lands subject to the lease be used. This requirement will necessitate having appraisal studies made. The fact that the areas in question cannot be built upon and that the public will retain a certain number of access routes over these lands will have a bearing on fair market value. F. That language is added reserving the right of the State to use the leased lands free of charge. G. That a permit from the South Coast Regional Conservation Commission is obtained. The opinion suggests, however, that this may not be necessary in that the lease renewal may qualify for an exemption from the Coastal Zone Conservation Act. H. That an environmental impact report is prepared. The opinion suggests that a Negative Declaration in lieu of an EIR may suffice if it can be determined that the lease renewal will not have a significant impact on the environment. The Lease Renewal Committee intends to reconvene within the near future for the purpose of working out a new agreement consistent with the conclusions reached in the legal opinion. Our initial response from the Lido Isle Community Association would indicate that they should have no difficulties in complying with the conditions contained in the opinion. Hopefully, we will have a new lease agreement prepared for Council review and approval within the next four to six months. As an aside, the opinion letter points out that a lease payment for public property including tidelands may be set at less than 0 Lido Isle Beach Lease Opinion -3- C7 July 24, 1974 the fair rental value and perhaps even for a nominal sum, if the lease premises are utilized to generally benefit the public. This information supports the terms in the Boys' Club lease of a portion of Eastbluff Park, and will be considered when the American Legion lease is examined. DENNIS D. O'NEIL City Attorney DDO:mh cc: City Clerk City Manager ;21j S December 10, 1973 The Honorable Mayor & City Council Citv of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Subject: - Lido Isle Beaches - Lettered Lots Gentlemen: It appears that few facts and much fiction is involved in the Lido Isle lease of City owned beach lots. Attached are copies of documents, letters and data available from City files. The recorded facts as well as the newspaper article dated August 23, 1928, establish that the beaches were deeded to the City for "benefit of the community and the public." Citv files have much unfounded propaganda for promotion of a private lease. Is there anv actual support for newspaper articles and transcriptions, developed more than twenty -five (25) years after dates of City deeds, to promote the private lease of public beaches. City records disclose the first lease was dated December 5, 1938. There is no support for claims that the City even considered a lease in 1929. The L.I.C.A. Board is supposedly governed by recorded covenants, conditions and restrictions which I feel they do not attempt to observe. one of the conditions, also in the Citv deeds, is that "members of the Association or the Public shall have access to the beaches at all times." It seems to be their belief that the covenants, conditions and restrictions have been violated so often that they no longer apply as written but as the board wishes. Even claims to control hours of adult members uses of the beaches have been made by the board with unsuccessful attempts to treat objectors as criminals. The City apparently -2- assisted in this attempted deprivation of recorded rights. This proves to me that if the Public's rights can be ignored by special interest groups then individual association members' rights can also be ignored. If the leases are continued, they must be subject to enforced conditions and obligations accepted by the City as to public use and access in the deeds. Gentlemen, it is requested that the City recognize their obligation and responsibility and cease to permit abuse of citizens recorded rights by special interest groups. Very truly yours, R. W. WRIGHT 217 Via Jucar Newport Beach, CA a corporation organized under the laws of the State of California, with its prirc:-al place of business at.... -L os ... Angal. ea.,:.. C. al-i foraia, ......................................... _...................:.................. .......... ....... .............. in consideration of ............ .- ...r..... ..... .... ... "L'F,f1........r....r....... ......................-° --..................DOLLARS to it in hand paid, receipt of which is hereby acknowledged, does hereby OPFttlt to CITX. OF NE'i:PORT BEACII, a Municipal Corporatior ., the real property in the .................................. ........................ ............ .......................... _ ......... -- - .... ...... �11'enF�rs County of I',QV tf State of California, described as Lots As B, Co 1D, Ev F, G, II, I, J, K9 L.. My N, 0, P, in Tract 11oa 00179 in the City of Aiewport Beach, Orange County., California, being a subdivision of a Portion of Parkinson Island, lying within the boundaries of Sections 27, 288 3 and 34, and Lots a and 6, of said Section 20, all in 'Tormship 6 South, Range 10 meat, S. B. Bo & Ll., known as LIDO ISA.E2 Newport Bay. SUBJJECT.To easements, conditions, restrictions and rights- of -away of .record. ESS WHEREOF, said Corporation has caused its corporate name and seat to be affixed hereto and this instrument to be executed by its... ....Vic.o.r..President and ..... As sl --t a-n-t.... Secretes thcrc:mto duly authorized, this ..... ...... 4th ........... day of.......... jai laa_ ...TIT r,1, .%. , .. . ..��... .e. ^..Yresidcat. ... .. // i i 1 G,P. oas'>141r . .� ISLE. DECL.JUTIOP OF P�,OT3,TIVE 7 Th:.a „da USS 20th d!:y of November, 1928, try the TITLE TIZURANCE MD TnwT CG 'f.vl. to rn ny„ .,t4L.C: . ., described in .Frticle I of thin Psclarotion and for he p' »z:ese o ^ubjvc y, all of xL.,.rent as c,rner of the real property hnravtrrter set grin, does =:c- cr y-"d ease and ,,ry Parcel tncreof to the conditions,. restrictions, charges and reso+•v ticvs ae by csc�a¢v a. ^9 e= t:'bL`sh as Tol:aasE - sold anti or crn'v, led ty Da -.rant cr '�orJ:, and ehr -reo -s` C.ei.s tier Ta. at.a1 sc , T:J.'i,1 of to Iets, parcels s.d portions of said Property stall be held, transfer; d, __ covenrnta, reservations, liens, pass +i h cm , ^xcirl to *no cold, cubje<t to the coaditicna, Metric onsr �!cr .bore...• se si1 of which is and era Ycr the benefit of said Property and _ *cr each o' :urns' of land tnex'zir•. ands , in`n;c '•c ""d b sY:d ;nn rty a.� each and every pa -"ce1 of lard therein and ah:.11 a^^,.7y tom' and bl=ed the successo in iris, eat of aRV ARTICLE I. - ' sa - .. - PrOPERTY _SUBJECT TO .IDS DKLPIUTION. OF PNOn'xTIVF 3U5:RLCTIO :' «. . oro- ,:y -.�;,� i e Defined. - rt Beach, Cow” y of 0^ -'e e. Sts'.e of ->~�^' sr morn 1_ rsejuay. is the arner -of the real property situated in the Cry of Nc` ., c to both _rely iva e lisve.l�nagas ,,,�,,•".culae ^ly :,:,acs -iya' as folio,'_:''- Tract 907 as shoran on the 1✓ap reco�ud in Sock 2g, .ages 25 _ 3_. _ -_ ;a,'-, Rn-.q^da of Orange Grntnty, CsliTorrua: r can Zy cads n. jcet Nq tv other than described above shall be domed sub feet to this Declaration unless and �ti tit sped - tR2reto. . - ARTICLE !I- DEFINITION _ - - - - Uc- FIt7I3I0N OF TEI05. - - - - Declamcio. 1- rJee,..... _.on of Restrictions. Tne ph-we " Declaration of restrictions" or " D^_daztion ^, wherever used ne-e in, mazes and re_- fern to -2hi. �e iaratico or Protective Restrictions.. -' - _ - - - - real.' _ +cos e. The words "- Ldelling House" wherever used in this Declaration, atwil mean -and refer to a the u:turo.or io bow or or oriel windO s, exterior chivacys, cm bred. porches b - Fort• Ole and- or occurred ad a -as'_dE =ce aheti�ar fen single cr multiple Tarr lies and stall be denies and caostsu =' io .cZude Futh the tuna: F3+''�Son of soh ., — too,,. -.:n: all projod tiann 11:srefrom, such ae bay, - like, imluilug, >n the case of dxolling houses, garage°, incorporr.td in aced fprmuir_ a part thereof; dirt shall no', include the eaves of : said stn,- -fair ear any open pergola, nor any uncovered porch, stoop or steps, the ballustrades o.- sides -of which do not oxttlnd more then tP:ree feet above the level oT the first floor of said 'building,- -.. �,• E;� d:ng. The word 'Building", cherover used in this Dccla. -a' -ion, stall be deemed and cons trod 'w. meal a Pace -of b.v Sues - ... or co: arcs ,s di =t ,,T, hd from a dwelling Wilding site embracd�inainis Declaration- orpanethe_ Fears r Y desc rib^- dftint,- +:ttsuFP'av ht r _ ,. side to be e. -acted and maintained on any .. ... -.: Sot. 4r Let..: The word lo.. "; vhemver wed in this Declaration, means and refers to one of the numbered or lettered paresis or real procurty as t�ajri m the map, hereinbefoel referred to. -� S;:ra.a o. ''«elk. 1T,e word ^st:ads^ or "walk'' wharwer ,used in this Declaration, means and refer to wry! of the p°t:rua-s deSig.. =�a" upon the map horeLeabave rrSe^red to and intmdd for the use of pedestrian trafY c - Str�t o `a. - _ - -. ,-. r,_ strcet� h'ghaay or oth-t - 6- Stre at er Via. The woad "street" or "Via" wherever used in this to this Dn,-means and ethers to wry/ tiro: oug!Sa.-e sh:a:n m the map of record of the land new or ways, c,r subject t -to this e; and esn natedeande+ tnded for' he use onsets, - va r a,rwa,es,' boulevards, Places, _drive, media, _ terraces, ways, cimlas, or otherwise; designated traffic.- ,_- All f , _ ,. - - - - r-.e trap afer_ - r_ The word "alley" wherever used is this Declaration means wad refers to any alloy designated as soon open -? rea to. Said i•Yono-N, desenbs.' ue Vis 'P - Sal, Frop^r =y. The words "said Property" wherever used in wire Declaration, construed and reforrto also d3it_onzl reaps s agraF7 u "r -F -ticle I, and wherever the context and circumstances re:i r'.:ach sea hereufta.r be smb ll td to these restri ctions as herclnabove P= m'ided: SethacF - - 9_ Setback., Tare em "setback" wherever used in Docnrntrgn, means the ditanees between the dwelling heuse or building ervd :o nerd ohe given stradas or vies or side or mar lints of the particular building site- ,,f Tt :s retoaq'c ua:-oeftsr esteblishd in deeds ,,o,uted by Dacla.rent or its successors in in t, for my drel.iig "navy® o^.. building frcn aey struts or lines shell be deemed and constneed to be the min =mum distance between said dwelling stye .r building said street cr rune nearest hereto. Street frontage. 10_- Street Frc.ta,ge.' The term "Street frontage- toed in this Declaration., mearre land refers to that portion. of a ct or ". bnilli. -xg site:, -� :rich ad;oLvn, borders or abuts upon any street or we as defined herein.;. provided, that -corns lots st " ag co:vn tr'u+d as r:..vr$ e frontage cr: the aame street as the inside lot adjoining ".Ste same, and shall not be Consider' a `"awing f^cnuy,s ce ae",. other elreet upon which it abuts. nuiln'ine ° - 12 . B�-.lr "'. ',tan The -`wzm "Building site" whsre^er wed in this Declarat on shall be taken to be the whole of a -yy. one of a ? refs disc >Fn �cd .n the nap of n'o'osed of said Tract 907, by Machos 1 to 1214, both inclusive (and exc lu_ive_cf streets - n.•er+ er cation areas and lr�:�s.- �:xce; wed, reserved, segregated or retained ue accordance with the zcatrictivns, corditi..os and covena,..s affecting sa,e) :; or any ;untie" .i a lo:. ,rvIlr or rcrtione of two or mare adjoining lots or all of one lot and a part or Parts of m or more adjoining _otav Fs" -2ped the Laval frontage of such building cite measured along the frontage of Lie lot: or. lots free which " i-- fermtd hall.cot r 5a lose then t.3rtv_(3O) feet and subject to the same conditiaa5, shall also include asq lot or lets as shown on ns may Hof record of any other tree. or ',roy rty hereafter made subject to the jurisdiction of the Pssociataon. - '- . Free Srs - - F1%,, Space.- The wards "free space" wherever used in this Declaration refer, to auras ssnon which no attic tv_e, sh^uS a qr oc.dr hard o_J ct shall be maintained, except as specific al,]y perm.tted in each case. _ _ _- tsvxie 13m Psaociatisn. The word ^aasociation ".wherever used in this Declaration, refers to the Lp0 ISLE COtE;111SI:'Y PSSOCI<,`I -t Oh Calif--: cnsis Corporst_a-., its Successors and assigns. - ARTICLE III.: .. . - - - - PROMITION OF NUISANCES. ..'SpeciyioPrciC,bitivns. ` - .. - y mere shall not os erected, parmitwd or maintained on said proper cture of malt, Minos or spirdtot< or intoxicating liquors; any foundry, quarry or pit; any derrick, crematory , ty or any part hereof, any saloon or pace fen a' o mono - steba e, , cattle yard, a 't,o. rat, slatonter house, hog pan, Fickle factory, kennel =; and public or prlvate livery stables; any carpet punt;; tannery er .'- public laur-d-ry; and undertaking establishment; nor shall any nnx+.ow thing, - noxious or illegal activ>.ties or nor antes, ruinous or + _'_ (Continued) a ot �j -1-,4 ',c 330, both Uu I't" cr bidlaing S�tNs cade th rad' .'v be U'.a for single famLl'y rseidences' residential iii"= or cach reagLnost as 7- L�s.elical to -,It ctxeraticin of a hotel or house, including shops nor of a eLtw-e that could e,,--zc a n::tsanco to tbc n*e Sun shill this aree. littE,;ht Lir�t' Se'au-cks. No atria t re shall he arectud nearer to via L-1ho Nord or Via Lido Sowd then 4 feet. MEE -1-1. 1,ota m- sl-,11 Arnli-e !,,t. B hsn i 416 to 431, both inclus-10. Uo"u. -42, 1 purteciaot out buAldwigs shall be erected on each of these bru4idLng sites. Sc than L. I y �u vixwlo furiilj reeideece vith ap No be crec.Aei over shy easements of rao.rd to the City of Nou,',ort Bench for piiblic uti-ity pux'pcaas . ri21&ho I I I iscn in Z. ae C..e not 1-iliitc:i na. height but the total floor space cannot excesd 2 and 1/4 times the greatest gre,nd airea. for 1-ull—Aln, F,srpeSec bs7 the setback lines sIocified in this schedule and the City, County and"., State building rect'ic_ "ions. sc,eci.l Res- c"'. Ca; Lta Uo.. 416 aicl 431 A free -Pace aunt be raintaaacd on the comer of Via Zurick ad Via Lido So.d or Via lAdo Nam , F, feet in si V18 idl-10 Said or 1114, •;. do Na. ^d and 8 test iti from Via Zurich. No iotructcuc, shrubbery or other obstacle W the clear vision of -uto- choils dri7ors he perva"ta3 ie this tree Bosch higher than 3 feet above the street line. lots Thv-v sacs Lhalud&s L.-'s nunbarm 20 to 26 both inclusive. Uses. 1, has sins residence with ap�raenant- outbui2aings sha�l be permitted on each of these building sites with tlhe upt�on thst s"ch late nay e y 'r hied for the cuc',�Slon or or a . a a recreation area for the Lido !his Yacht Club. S Gtbacia; . go -tructum each be created over arLy e3ssaac-nt of record to the City of Nwport Beach for public utility pwrb see, or ochre to the walor, 'r.ate'e thio 1C f6,-,t. 0.�'irection of swimar houses, pergolae and other structures is permitted within 10 feet of the water f rco L.,, age, PrcA:didg ttc+e a stM L%11'oa h- - calls not Iler 3 feet in he ht. Thaluded. This zme shall include lots nucibe-red -A" to "Fs both inclusive, "heretofore deeded to the City of Nsvport Beach. Uses. 140 structurea thall bo sr a- ted in this zone =ept head stacida, .,-fact st^tion s, recreational structures or other a tru, c tor Is for the USsi welfare aad henefit of the - �—.4 ty and the cublic, and on all such lots or building sites having Say frontage the structures ,:.mist be ao eraated,._d rarntalned thn'�, free access to the waters of the Bay and Lh t o Beach shall at all times be available to the res sate vF the COM—Mihity sr the public. Kc stric-.drea 6halll be erected over aqyeaeorchts reserved to, the City of Naw-port Beach in the asse of record. kec.-,dd at re? pest of ijt 1. Iris, and lost Co., 0. z' '. ru tum- nd] placed Hi I w ;d 7'Ac1111'1.E C1 C(�h �(tl U� - 0: IL 1 uuut 1 um; �or�KI � tcbo r S, AI`. An book 1.71.0 f"AMOUTT I At .IR S ( c ry OF N'r; A 1b"I ch como.v or IJ1 ilo� �d'i "C of t 87 L Il�tlll�y 1, lii;7 My Incord -CI 71 ,�t.,,t', I�.,l _, 1'(l "0 01 ?71SL'.11. �11�C 1L�' :•I[111ti� tlJCOIQ _' MAN .. r Ills;. (.UIU y � r. : r 1010 TV f t" ALPER' LAU.,ER MLIER U.CHAFFEE LELAND C.LAUNER EMERY E. \cARO CAR.ALD 1. OR' "I DOUGLAS D C.A,vEE STEVEN L. ROTHROCN LAUNER, CHAFFEE, WARD & ORMAN ATTORNEYS AT LAW 131 WEST W L'111I'2E FUUMON, CALVOkMA 92632 September 13, 1972 Dennis O'Neil, Esq. City Attorney City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Re! Lido Isle Restrictions Dear Mr. O'Neil: TELEPHONE �YIV) 871 8600 ADDRESS REPLY TO P. O. 60>< N2 I believe that you have talked with Eric Snethen, Deputy District Attorney,in regard to the restrictions on the lettered lots of Lido Isle. I understand from Mr. Snethen that you are considering the matter of whether or not the lease from the City of Newport Beach to Lido Isle Community Association is valid. You may have heard that one of the members of the Association, Mr. Robert Wright, was prosecuted for marking up one of the signs on Lot I. Mr. Wright was prosecuted for malicious mischief, the prosecution having been instituted by certain members of the Association. The undersigned re- presented Mr. Wright in this matter which was in the Muni- - cipal Court, harbor Judicial District, IM62998. The defense to the action was that the signs in- volved, which prohibit the public from using the beach and the lot. were a public nuisance and that abatement was per- missible so long as it was done without broach of the peace. (See Civil Code §3495) The nature of the subject property is_ a public park as shown by the Protective Restrictions and other documents which will be referred to in a moment. Through a conference among the Judge and counsel, Mr. Snethen became convinced that the property was indeed dedicated to public use and that the subject signs were a public nuisance and therefore moved to dismiss the case, which motion was promptly granted. I have in my file a number of documents relating to this matter, some of Which are part of the City Manager's files. You might not have readily available some of the enclosed and therefore I am sending the enclosed for your convenience. i -7_ ; Dennis O'Neil, Esq. Re: Lido Isle Restrictions September 13, 1972 Page 2 1. Memorandum of the City Manager dated August 1, 1967 together with copy of title report and summary. 2. Copy of Lido Isle Restrictions recorded Decem- ber 10, 1928. 3. Copy of certain deeds relating to this matter. You might note that the conveyoncesof the lettered lots to the City were expressly made subject to the "Easements, conditions, restrictions and rights of way of record ". It also appears that the shore line around Lido Isle which is a part of the lease from the City to the Association appears to be tidelands and,if so, is held by the City pursuant to a grant by the State, in which case the property is held in trust by the City for the benefit of the people of the State and must be devoted to harbors, fisheries and navigation. If you would like to discuss this matter further, I would be pleased to hear from you. Yours very truly, WALTER B 111 EEE Walter B. Chaffee WBC:lb Encl. CC: Robert Wright. r..: -. ._.. _.� _ _ __ � � �6. � / i F � ' � ".� �. t . � - .. C tj rtrl M ! i i'1 1 Y i t T t., YALE ...:, _1 1, ,A 11..; _,�i ECACH. [' / -. "L ".RNIA lJ) % -: • /.l 32. 1951 (, City Council Nel-Tort Beach, California I{ Gentlemen;. on DOCO"Of D, 1938 the City CO'A ?.C.11 Of tp'1E' L1 �,•' cf, 17e ^)o resolution e -Peach by resolution No, 1454 entered into .a lease with the Lido Isle CeMUatr y a . i ciatio, Gaid lease co-.e 5ng certain p:- ac;ele Us- Cribe.<). on Lido Isle u:ld said lea'l, rl'u1i11 ,`O for a. `Je1'7.OL of 25 years to en ocomb - er st;:i, 1963. The obligations and rospa nibilitie„ assumed by `us under the terms of this lease have in the 'past - cost the o=pendituxes of cona.ider<able suns of - I l :Tith several of the .i' :1piJkC.,, P.ntS t,o be :7,int2i.nEd . by us now at n re where tPty ot'].')„ copple tE: 'replscensht, ayd with rising replacement coats, we find ourselics HOW with nu. e o z problems ill ibu getC.n" these, obllc ations ... :51 would find it quite helpful if you Imuld hter ` into the unD le. e with i or Jr ' 1.OG. of 25 Ii years from current dato at which time the prc e .t i !else of course, iouc:; be ourrendervd and cance)!Ed. Pots consideration and earl; attention to this ro- cuest is solicited. S � _T,i.do Isle/000YAW Association ren. by P A. a+ : Director. F ,f � 1' t R Non -d'rofit Caopern [ire Orgunicatiwo'of All Liclo Llc Pao[narty The Newporter and The Mesa News . �`" Wednesday, April 12, 1912 r. Lad® Isle Association _ Elects Board, Officers Five new directors where $2,438,700 worth of property, 1' 'elected by the Lido Isle as well as a leasehold on an - Community Association at additional $i,935�500 worth. is annual meeting. Improv emenfs add another : I $100,000, he said. ._.,. �: eF;•' ". y,� - Taking office as the meeting adjourned on April f..t 8 were Mrs. John M. Fran- - ¢ /.a -- co, Mrs. Hester w'iifs, NEILEt _ � '--� - -•-- �� ti Witham K. Davis, Lewis R. ; ByingtonandCharlesDar- DIIZE�IL-Y ,...,sa ..+,. Dar- nall. - r� 1I - Continuing to serve onFrtoM Pf11ll�.J the nine -man board are ' I .,,�. Tom Malcom, who was FRENCH elected president; Ralph p CONTRACT SIGNING — Shown signing the construction Richley, vice president; U I K { rq I S contract for The James Irvine Surgical Center at Hoag Earl Hardage, continuing - -_ Memorial Hospital Presbyterian are $ob Searles, left, as treasurer and Joseph president of First Assurance Construction Incorpdrated, Wiebach A.I.A.; chairman j� and George Hoag.II, vice - president of the board of of the architectural corn- l .�.,, �jP� directors for the hospital: - - Mittee... -In his annual report, ® outgoing president, Al ® Quinlan pointed out that bw. K abe h' Al - nt members of the association '�"'�°�`'' �QO Gas urr .. are.. stockholders in a En2n I" cam. �® wealthy - corporation, a, Ifrq ® -- holding fee title to - _ F - CITY OF NEWPORT BEACH OFFICE OF THE CITY MAN GER September 17, 1973 TO . CITY ATTORMEY ?D,is City Mhnager i vJ3 KT: OPIMION RE LIDO ISLE LEAS 'ice Mayor Rogers and I are in the final stages of meeting with the Lida Isle Alsociation to determine if the City should or should not release the beaches to the Lido Isle Cozy ,ity ssociation. in the general research I have located a number o,_ ;oc.men'. ; one date' July 30, 191518, from the Title insurance and Trust Company (copy attached) which indicates than the Grant i was ade "in trust for the benefit of the community. I,'. 3 d the public under the provisions as set forth in the Decla4a- +' 40 on o,. Restrictions ...... Furthermore, I hive reviewed what I t£ consider to be the Actual Cop/ of the Grant Deed dated Jan r c7 'co by attached) The actual Grant Dead makes e � 0 ai..� no r� , cr:e to the . "in ;.rust for the b::nefit of the cormwnity and the In view of the Title Insurance and Trust Combany`s ... :1tla RePortAnd'the :rant ''.deed, Goes the City of (in'unort Beach ave the legal right a lease the beaches F or the exclusive use of the L ido .Isla Community Association? This may be a tang" ?question, but it is one that is going .o surface and we reed a j. candid or inion from your office.) 0AERT L. uvr! i Attachments Cl �H7 71L'.Nli"LGER Jllf� SINASEZ* S03ATCT; :f CITY LEASE TO LIDO ISLE COMMUNITY ASSOC., DUE TO XTIRE JUNE lOj 1976 AFTER CONSIDERABLE PERUSAL OF THE AVAILABLE DOCUMENTS, IT l-'OUT,D APPEAR THAT THE ORIGINIL INTENT OF THE MANT DEED HAS "POSSIBLY BE I RN IGNORED, CPANGED2 MISINTERPRZTED, NLISC ONSTRUED,, 11 BELIEVE IT IS ALL-IMPORTANT THAT THE GRANT DEED BE AVAILABLE FOR STUDYe CONSIDER THE FOLLOWING DOCU•ENTED AND UNDOmPOMTEU CONFLICTING OPINIONS: -(FROM TRANSCR. OF A CONVERSATION BETWEEN L3a joira P. ELS BL C 11 BU MST ER CREELY AT. IOMOngm, TUISDA 9 MAHON 259 1958s,IN two ELSBACHIS SUITE > C.A. SUIT E9 SHERATON TOWN HOUSEj LOS ANGEL ' 9 �-E CAN USE OUR (THE CITIES) POLICE FORCE TO KEEr PQ— 7 pa v. a. I EVERYBODY PRO TaPSPASSING ON y507� B oc-Gff,�JTED JND I-lADE 4 PART 00 COUNCIL,, ACTION?) 19 1 11 CITY) WOULD ACT AS TRUSTHOIDERS ' . 0 0 T�iA T T HEY (T TO SEE THAT THE INSIDE -LOT OWNER35 AND ONLY Try pa'-- a, -MEMB , ERB OF THE LIDO ISLE CODMUNITY ASSOCIATION v.TOULD HAVE THE EXCLUSIVE USE OF THE PROPERTIES, :,LYiD THAT IT WOULD BE TAX PR EE, " (AGAIN WAS THIS DOCUANTED AM A PART OF COUNCIL �a ' PROM THE STORY OF HOW THE CITY OF NEWPORT REICH ACWIRE D T 1 i L:E TOME TWELVE WATERFRONT LOTS ON LIDO ISLE; DUE, SE-TT- 1 1958) !IT IS THE FIXED OPINION OF THE LIDO ISLE. CO:11-FLE A:f a CITY BACK IN Ic;28,, DE1,LAINDED par ASSOCIATION 1: LT THE k -P l MIT TO HOLD THE- i% TITLE TO THESE PROPERTIES IN OR D E T2CJST FOR ALL OF THE PEOPLE OF.LID0 ISLE, AND TH REASON BY AHICH THE CITY ACTED WAS THAT THEY HELD.� 'TO FAITH iN, THE irJ7JRE BODY WHICH WAS TO BEC DlE 0 T,7 LIDO .ISLE C.-?QUNITY AISOCIATION, AND THE Cilf A6suHsn THE MPONSIBILITY TO SEE THAT THE INVEST ORS USE OF THE S E OF iNSIDE-LOTS WOULD ALWAYS HAVE 'iii PROPERTIES. AND TEE ACCEPS.TO THE BA WI (UNDOCUMMED) (PLEASE NOTE SPI-iZ DOCUIEENIQIJ. Para 2) 00 00 AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA County of Orange j I, ..........._ ARVO.. .r.�...HAAPA ................... being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, NOTICE OF PUBLIC HEARING andthat the ................... ................. - ........................... ................... ............ _ ........ ......................... .._..._ _.. ........................................................... ............................... of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, ........1......... consecu- tive times: to -wit the issue(s) of Nov. 29, 1973 ............................... _...................... ............................... _ ........................... .................. ._. -------- .............. ( Signed) ..... ......................... _...... ............`......:. �L,✓ Subscribed and sworn to before me this ... 30 th day of November 73 .............. I9......... ...P...!..... ,:....:;.......... L...... ......, ... . ...... Notary Public in and for the County "of Orange, State of California. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN; that W City Council of the City-_0 Newport Beach will hold g.public hearing regarding request of Lido Isle Commun- ity Association for a 25 -year: renewal of beach lease agree meat from 1976 to 2001. -.- NOTICE IS HEREBY FUR - THER GIVEN that the "saipub - lle hearing will be .held on the 17th day ofDecem , 1973, 'at the hour of 7:30 p is the Council hambers ot�e city Hall ofe City of ewport Beach, Callfornia,at chtlme and place any and all persons; Interested may app 'r and be heard thereon, Laura Lagios l City Clerk I City of Newport Beach Publish: Nov, 29, 1973, is t "c in the Newport Harbor Sash^. J,\ l .� �ajy CFFI CI A MA! 'Y ♦ L•, FAL I.i ,APA i UI rYln LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN; that W City Council of the City-_0 Newport Beach will hold g.public hearing regarding request of Lido Isle Commun- ity Association for a 25 -year: renewal of beach lease agree meat from 1976 to 2001. -.- NOTICE IS HEREBY FUR - THER GIVEN that the "saipub - lle hearing will be .held on the 17th day ofDecem , 1973, 'at the hour of 7:30 p is the Council hambers ot�e city Hall ofe City of ewport Beach, Callfornia,at chtlme and place any and all persons; Interested may app 'r and be heard thereon, Laura Lagios l City Clerk I City of Newport Beach Publish: Nov, 29, 1973, is t "c in the Newport Harbor Sash^. J,\ AFFIDAVIT OF POSTING On i� 7 posted on the property involved a Notice of Public Hearing regarding: request of Lido " Ile community Association for a 25 -year renewal of beach lease agreement from 1976 to 2001. Date of Hearing: Dec. 17, 1973 1 \ c NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding request of Lido Isle Community Association for a 25 -year renewal of beach lease agreement from 1976 to 2001. NOTICE IS HEREBY FURTHER GIVEN that the said public hearing will be held on the 17th day of December , 1973 at the hour of 7:30 P.M. in the Council Chambers of the City Hall of the City of Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. Laura Lagios City Clerk City of Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER October 29, 1973 TO: MAYOR AND CITY COUNCIL FROM: Lido Community Lease - Negotiating Team SUBJECT: LIDO ISLE COMMUNITY ASSOCIATION BEACH LEASE The history of the beaches on Lido Isle go back to at least 1928 when the original subdivision map was accepted by the City of Newport Beach. A review of records in the City Manager's office and the City Clerk's office indicate that a Corporation Grant Deed from the Title Insurance and Trust Company dated January 4, 1929, granting fee title to the City of Newport Beach to Lots A through P, inclusive, was adopted by Minute Resolution of the City Council on May 20, 1929. The documents were recorded on May 22, 1929, in the Official Records of Orange County. On March 4, 1929, before the City Council had officially accepted the Grant Deed, the City leased to the Lido Isle Community Association (LICA) lots A through P, inclusive, for use by the Association as set forth in the Declaration of Restrictions ap- proved by LICA. This is unusual for the City to lease property prior to ac- ceptance of the property, and it may be important in the City's consideration to renew or disallow the renewal of the lease to LICA. On June 11, 1951, the City of Newport Beach entered into a new lease with LICA for a period of twenty -five (25) years. The properties covered by the 1951 lease is depicted on Exhibit "A" and is attached hereto. The lease provisions provide for: 1) Payment to the City of $750 per year payable in advance on June 11th of each year. 2) That the property be used for community, recreational, edu- cational and civic purposes. 3) That the lessee provide all maintenance services and that no buildings or structures are to be erected without prior con - sent of the City. 4) That the lessee shall not assign or sublet without prior ap- proval of the City. 5) That in view of the community use, the lessee shall not pay any taxes on the land or possessory interest on the lease. There is no provision within the agreement for terms of renewal nor is there a provision that LICA provide the usual insurance. LICA has now petitioned the City to renew the lease. The basic terms 1P • - 2 - 0 of the request are contained in the letter submitted by the Community As- sociation and attached hereto. Several comments seem appropriate. 1. If the City did not renew the lease with the Community Associa- tion, the City would be expected to provide lifeguard service and beach main- tenance. The estimated annual costs to the City for this service would be as follows: One Laborer: BEACH MAINTENANCE Salary $8,289 Benefits 1,845 Maintenance and Operation: Automotive expense 850 Material costs 300 On Pickup truck ($4,000 6 yr. life) 666 $ 11,950 The following estimated additional annual costs would be incurred if the City were to assume the maintenance and repair of the piers, floats, ramps, pilings, slips, moorings, boat hoists, boat storage facilities, etc., which are located on City -owned parcels now leased to the Lido Isle Community As- sociation: One Maintenance Man II: Salary $9,138 Benefits 2,017 Maintenance and operation (including dredging) 7,000 $ 18,155 Estimated Annual Maintenance Costs $ 30,105 LIFEGUARD SERVICE Hourly Daily 73 -day 10 day Easter Station Rate Rate Summer Season Vacation #1 _$4 — . 32. 2,336. 320. #2 $4. $32. 2,336. -0- 4,672 320. Estimated Lifeguard Costs $ 4,992 STREET END PARK MAINTENANCE Gardner, water, and miscellaneous expenses to maintain the planted street ends $ 4,000 Total Estimated Costs Exclusive of Administrative Costs $ 39,097 • 00 - 3 - The complete report from the Marine Safety Department is contained in Exhibit "B ". 2. The cost as reflected in No. 1 above parallels very closely the estimated maintenance costs to the Association for this past year. The As- sociation submitted an unaudited report that placed their expenditures at $32,502. (See Exhibit "C ") 3. If the City renewed the lease, the City would be resolved from the obligation to provide municipal services. The Association would ad- minister the leasehold property. In addition, the Association would pay the City $3,566.18 per year. This amount being the original $750 per year lease multiplied by the percentage that the assessed valuation on Lido Isle has in- creased since 1951. 4. The City audit dated May 31, 1973, (Exhibit "D ") is consistent with the figures presented by the Association with respect to revenue. The City audit did not cover all expenses of the Association, but just those ex- penses associated with the boat gardens and the moorings. Beach maintenance costs and lifeguard services were not reflected in the City audit. 5. Section 1402 of the City Charter permits the City to renew the lease with the following language: "No such property owned by the City shall be leased by the City unless and until the lessee thereof shall have been approved by a majority of the electors voting on such pro- position at any general or special munitipal election pro- vided, however, that this section shall not invalidate any lease of such property in existence at the time of the effect- ive date of the Charter nor the future leasing or releasing of any such property under lease at the effective date of this Charter." Inasmuch as the last lease was entered into in 1951 and the Charter became effective January of 1955, the City would be empowered to release this pro- perty since it was under lease on the effective date of the Charter. 6. The original Declaration of Protective Restrictions approved by LICA and referred to in the original Grant Deed (copy of Corporation Grant Deed attached, marked Exhibit "E ") states with respect to numbered Lots A through P, as follows: "...free access to the waters of the bay and the beach shall at all times be available to the residents of the community or the public." The Grant Deed is silent with respect to the legal ability of the City to lease the subject property for the exclusive use of LICA. However, the Grant Deed did reference LICA's Declaration of Protective Restrictions. The records are not absolutely clear and complete with respect to the intent of the City Council in accepting the Grant Deed, but a review of all of the available records seem to indicate that the original dedication to the City - 4 - by the subdivider was an effort to keep the Lido Isle beaches for use by the community of Lido Isle. Several documents are attached as Exhibit "F" and Exhibit "G ". Exhibit "F" is an article from a newspaper dated Friday, January 31, 1957, and Exhibit "G" is a transcript of a conversation be- tween one of the original developers and Mr. Bunster Creely, who at the time was the Manager of LICA. Both of these documents were found in the City Clerk's official file on LICA. The fact that the City leased to LICA the beach areas prior to the dedication by the subdivider and acceptance by the City Council of those lots would seem to indicate that it was the intention in 1929 to keep, maintain, and use the beach for the residents of the community of Lido Isle. This interpretation may be subject to debate and certainly there is nothing in the dedication of the lots which requires or mandates the City to lease the property to the Association. However, the original lease in 1929 appears to comply with the spirit or intent of the original dedication. It may be argued that LICA's Declaration of Protective Restrict- ions stating that the beaches shall be "available to the residents of the community or the public" prohibits an exclusive lease by the City. The City Attorney has advised that the City does not enforce deed restrictions and that the enforcement of deed restrictions rather than being a municipal concern would be the responsibility of the individual members of the Com- munity Association. Regardless of the legal interpretation, the City has been leasing the subject property to the LICA since 1929. CONCLUSION: In summation, it appears that the City has at least two options. The first option is to renew the lease which would net the City $3,566.18 per year. The second option is to let the lease expire, open the beach and street ends to the general public, and the City assume the obligation to provide municipal lifeguard and maintenance services, estimated to cost $39,097 per year. HOWARD ROGERS Mayor Pro Tem ROBERT L. WYNN City Manager too October 4, 1973 Mr. Robert L. Wynn City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Wynn: Lido Isle Community Association 701 Via Lido Soud Newport Beach, California -I , a The Lido Isle Community Association ( "Community ") hereby requests renewal of its lease with the City of Newport Beach for certain community areas. We wish to advance the following as support for renewal: It would be financially beneficial to the City of Newport Beach to renew the lease. As we understand it, the City presently operates its beaches at an annual net loss to the City of approximately $1,000,000. Additional revenue loss would be avoided if our Community continues to be responsible for the leased areas including but not limited to the cost of maintenance, lifeguards, regulation of use and similar items. Furthermore, a significant argument can be made that to convert the leased areas from Lido Community use to general public use could very well result in a decline in property values and accordingly tax revenues. 2. Conversion from Community to general public use is not feasible. The leased areas are presently used primarily by residents of the Lido Community who travel for the most part by foot or bicycle. Accordingly, parking has not been a problem. If the beaches were to be opened to the general public, there would not be sufficient parking for any substantial public use and there would be a great deal of congestion on the Lido streets. 3. The Community is presently operating the leased areas on a not for profit basis for the benefit of a significant number of residents of the City of Newport Beach The financial information which is attached demonstrates that our Community is currently operating the leased areas at a loss. It further demonstrates that even if rates for boat slips should be raised to approach competitive rates, the leased areas would still be a break even proposition. We urge that you have your CPA firm validate these figures with our CPA. With some 850 households � • 0 Mr. Robert L. Wynn - 2 - October 4, 1973 on the island, most without other access to the waterfront, the Lido Community represents a significant portion of the citizens of Newport Beach. It is also important to recognize that our Community has changed from primarily a vacation home area to a permanent residence area. The leased areas are one of the major playground /park areas for our children and are maintained and supervised at no cost to the City. The inescapable conclusion is that the leased areas are not really for private use but for local community use. The foregoing propositions for lease renewal are based on present day realities. At this time, we do not wish to advance (but do intend to preserve if necessary) the more legalistic arguments that the City's title to the leased areas is really as trustee for the benefit of Lido Community residents nor do we wish to advance other items relating to the reason for the City's acquisition of title initially. We propose that the lease be renewed for 25 years from this time at an annual rental of $3,566.18. Our reason for requesting renewal presently as opposed to waiting for the normal expiration of the lease in 1976 involves Lido Isle beautification. During the past several years, the Community has substantially improved its fee owned Community facilities. It now wishes to improve its leasehold property. Naturally, the Community would only embark on a program of substantial improvement if it had an extended leasehold. Our reason for the $3,566.18 annual rental is based on value received by our Community. Extensive research through our files did not disclose any reasoning behind the original $750 rent which first appeared in the 1938 lease and continued unchanged in the 1951 renewal for 25 years. We presume, however, that the rental determined in 1951 was based on logic and should be presumed to be fair. We further reasoned that, as a community asset, essentially being an appurtenance to and adding to the value of each residential parcel on the island, the rent should be based on the increase in assessed value of Lido Isle land and buildings between 1951 and 1973. Approximately 20 representative parcels indicate this rise has been 475%. We would then propose that this adjustment be made each five years to reflect increases or decreases in total assessed value. We are attaching a form of lease renewal for your review and would appreciate the City's action in due course. Members of our Community are ready at any time for further information or discussion. We would appreciate being informed of the date for the public hearing.. Very tru urs P i , bur D. Layman for Lido Isle Community Association Business Phone: 833 -2640 Home Phone: 675 -7979 WDL:kl cc: Lew Byington Jim Shelton Bill Sprague Y this RENEWAL OF LEASE AGREEMENT This Agreement, being a renewal of a lease, is made and entered into day of 1973, by and between the City of Newport Beach, a municipal corporation, (called "City ") and Lido Isle Community Association, a nonprofit corporation (called "Association "). Reference is hereby made to the Agreement of Lease dated the 11th day of June, 1951, between City and Association and to the amendments thereto dated the 22nd day of March, 1954, and the 23rd day of March, 1959, hereinafter collectively referred to as the "Lease." The Lease is hereby renewed for a term of 25 years commencing with the date of this Agreement. The rent shall be the sum of $3,566.18 per year payable annually in advance. Appropriate credit against the first year's rent hereunder shall be given for that unearned portion of the rent under the Lease during the period between the execution of this lease and June 10, 1974. The rent hereunder shall be adjusted at the end of each five -year period so that the rent payable for each year during each succeeding five -year period will be adjusted as follows: Multiply the initial rent hereunder ($3,566.18) times the total assessed value of all property on•Lido Isle for the tax year immediately prior to the year in which the adjustment is to take effect and divide that product by the total assessed value of all property on Lido Isle for the taxable year 1972 -1973. All other provisions of the Lease are hereby incorporated by reference herein and made a part hereof. In witness whereof the City has authorized and directed the execution of this Agreement by the Mayor and City Clerk by Resolution No. and the Association has executed this Agreement by the signature of its President and Secretary and affixing its corporate seal, on the day and year first above written. CITY OF NEWPORT BEACH by_ Mayor Attest: by er LIDO ISLE COMMUNITY ASSOCIATION by_ President by Secretary pla" ._ — See Contract File for Exhibit "A" (Map Showing Area Leased to Lido Isle Association) • fiARINE SAFETY DEPART111 70 Newport Pier August 24, 1973 TO: MARINE SAFETY DIRECTOR FROM: ASSISTANT DIRECTOR SUBJECT: M[NICIPAL SERVICES; LIDO ISLE; LIFEGUARDS EXHIBIT "B" I am projecting costs herein to be based upon the condition that the Lido Island beaches will be open to public use, both local and itinerant. At the outset, the open stretch of beach, located along the North Lido Channel is expected to be the only zone requiring surveillance. Because of it's length, two seasonal stations would be needed. All other island beaches should be handled as are our street -ends bordering the bay periphery elsewhere. Suoervision of these seasonal stations would be included within the fourth operations division which handles other bay beaches. This would generate no additional costs to existing service levels. The seasonal period should average approximately 83 days per year in which staffing would be utilized. However, this is qualified as maximum time for one station which includes the Easter vacation period of ten (10) days. The other seasonal station would- be..limited to 73 summer days only. .In other words, there.would be two stations working during summer, and one station working during Easter vacation. Costs are shown as follows: ($4,992.) Hourly Daily Station Pate Rate 73-Day 10.Day Easter Summer Season Vacation l $4. $32. $2,336. $320. 4#2 $4. $32. $2.,336. -0- Total $4,672. $320. :darine Safety Director Page Two This estimate would be subject to revision, depending upon what experience dictates. Kendall Jacobsen Assistant Director KJ:lf 0 0 FRED L.GIBSON CERTIFIED PUBLIC ACCOUNTANT 1400 NORTH HARBOR EOULE�ARO, SWTE 640 FULLERTON, CALIFORNIA 92635 (714) 8]9 -143) Lido Isle Community Association 701 Via Lido Soud Newport Beach, California The accompanying statement of revenue and expenses on leased land for the period designated were not audited by me and accordingly, I do not express an opinion on them. These statements were prepared for the specific use of management in connection with their lease negotiations with the City of Newport Beach. These statements do not include all disclosures necessary for the interpretation of the data presented thereon. Fullerton, California August 10, 1973 LIDO ISLE COMMUNITY ASSOCIATION Comparative Revenue and Expense Schedule For the year ended June 30, 1973 (Unaudited) Expenses Maintenance and Repair Grounds 7/1/72 to Piers and floats 4,536 6/30/73 Estimated Boat gardens Actual Annual Direct Labor Miscellaneous 400 Island supervisor $ 2,270 $ Gardner and repair 5,400 6,300 Life guards 3,000 3,000 Employer's payroll taxes 900 785 Workmen's compensation insurance 213 186 Group health and life insurance 300 250 life of 15 years 12,083 10,521 Maintenance and Repair Grounds 1,145 Piers and floats 4,536 Playgrounds 500 Boat gardens 1,502 . Mooring 1,248 Miscellaneous 400 Fees and permits 8,831 8,600 Other Direct. Costs Utilities - water 288 300 - electricity 476 500 Marine insurance 416 400 Beach lease 750 1,500 Fees and permits 74 75 2,004 2,775 Sub Total Direct 22,918 21,896 Administration 4,584 4,379 Replacement Reserve, Schedule #1 Total cost - $75,049 - estimated average life of 15 years 5,000 5,000 Total Cost 32,502 31,275 Refer to accompanying letter. LIDO ISLE COMMUNITY ASSOCIATION Comparative Revenue and Expense Schedule - Continued For the year ended June 30, 1973 (Unaudited) Revenue Boat Garden - Dry Storage Mast storage Upper dinghy Lower dinghy Small boat Small boat Small boat slips 26' 36' Side Ties 70-9r-- On Shore Moorings Total Revenue Excess of Cost over Revenue Refer to accompanying letter. 7/1/72 to Estimated Present 6/30/73 Competitive Spaces Rate Actual Rate Revenue 52 $ 5 $ 260 $ 5 $ 260 10 18 180 18 180 84 24 2,016 24 2,106 24 50 1,200 80 1,920 119 60 7,140 80 9,520 10 72 720 80 800 11,516 14,786 11 78 858 624 6,864 5 108 540 864 4,320 1,398 11,184 109 1,308 163 1,956 47 60 2,820 60 2,820 17,042 30,746 ($15,460) $ ( 529) Schedule 1 LIDO ISLE COMMUNITY ASSOCIATION Schedule of Estimated Cost of Capital Replacements For the year ended June 30, 1973 (Unaudited) Following is replacement cost of an installation such as we have on Antibes and Nord (average) 1. Float and Pontoons ($6.00 /sq. ft.) 168 sq. ft. $ 1,008 Ramps (450.00) 450 Pilings (2) ($500.00 each) 1,000 Pier ($9.50 /sq. ft.) 350 sq. ft. 3,420 Five locations at $5,878.00 2. Genoa and Sand pier and floats Float and Pontoons 160 sq. ft. 960 Ramp 450 Pilings 1,000 Pier 680 sq. ft. 6,460 3. Main Clubhouse Float and Pontoons 1380 sq. ft. 8,280 Ramp 450 Pilings 2,500 Pier 618 sq. ft. 5,871 4. Lido Bridge Float and Pontoons 2298 sq. ft. 13,788 Ramps (2) 900 Pilings (10) 5,000 Refer to accompanying letter. $29,390 �� 17,101 19,688 $75,049 F BINDER, MESTYANEK & JOHNSON, ACCOUNTANTS PROFESSIONAL CORPORATION HAROLD E. MESTYANEK, C.P.A. LAWRENCE K. JOHNSON. C.P.A. JOSEPH E. MESTYANEK, JR., C.P.A. Mr. Robert L. Wynn City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Wynn; 3822 CAMPUS DRIVE SUITE 204 NEWPORT BEACH, CALIFORNIA 92660 (714) 979 -3383 LIDO ISLE COMMUNITY ASSOCIATION May 31, 1973 At the request of the City Manager's office we have performed a limited examination of the lease agreement between the City of Newport Beach and Lido Isle Community Association. The purpose of our limited examination was to determine the amount of revenues derived by the association from real property leased from the City and to review compliance with certain agreement provisions. Summary of Concession Agreement The City owns five parcels of real property on Lido Isle in the City of Newport Beach which comprise approximately 12.75 acres. The real property has 12,129 feet of water frontage and 1,150 feet of street frontage and also includes anchorage area. Grant deeds and quit claim deeds were received by the City in 1929 and 1934 for all the parcels as a condition of the original lease which was entered into in 1929. A second lease was entered into in 1938 and the current 25 -year lease which terminates on June 10, 1976 was entered into on June 11, 1951. Association rights The agreement gives the association the exclusive right to use the five parcels of real property for recreational, educational, and civic purposes. The lessee may erect on the premises, at lessee's own expense, marinas, boat landings, playgrounds and floats, and may abut wharves and piers to the property. Consideration As consideration for rights under this agreement, the association has agreed to pay to the City the sum of $18,750, payable $750 a year in advance on June 11 of each year. -2- Scope of Examination Our examination included the following procedures: 1. We inspected the lease agreement dated June 11, 1951 and the amendments to this lease dated March 22, 1954 and March 23, 1959. 2. We interviewed association personnel regarding operations on the leased property and the accounting procedures related thereto. 3. We inspected the physical location of the leased premises. 4. We inspected the certificate of insurance submitted to the City by the association. 5. We inspected the annual financial statements prepared and audited by the association's independent certified public accountant for the calendar years 1960 through 1972. 6. We traced the payment of the annual lease consideration to the City's accounting records for the years 1965 through 1972. 7. We prepared a schedule of revenues and expenses of boat gardens and moorings located on city -owned property for the years 1960 through 1972 from the audited annual financial statements of the association. • -3- • Results of Examination -k' Lido Isle Community Association Schedule of Revenues and Expenses of Boat Gardens and Moorings Located on City -Owned Property Boat gardens Moorings Rental Maintenance Rental Maintenance Calendar year income expenses income expenses 1960 $ 3,031 $ $ 596 $ 74 1961 2,869 2,713 2,495 1962 3,844 2,350 2,118 1963 4,037 1,900 2,024 1964 4,396 2,641 1,941 1965 4,358 2,521 1,941 1966 4,297 21042 1,991 1967 4,017 2,575 1,968 1968 10,851 2,194 1,991 1969 7,363 2,730 2,224 1970 10,256 1,879 2,475 1,823 1971 11,038 11561 21284 2,007 1972 119012 352 21795 21060 t OtiP �r i A)CL U A F_ A'VAJ&AXT 0 �J We did not examine in accordance with generally accepted auditing standards the above items of income and expenses as they were examined by the association's certified public accountant whose reports were furnished to us. Therefore, we express no opinion on the scheduled income and expenses. Our examination disclosed no exceptions to compliance with the lease agreement provisions. We shall be happy to discuss our findings with you. Very truly yours, BINDER, MESTYANEK & JOHNSON, Accountants Professional Corporation Harold E. Mestyanek Mayor Donald McInnis City Hall 3300 Newport Boulevard Newport Beach, California 92660 Dear Mayor McInnis: As you know, the beach lease between the City and Lido Island expires in June, 1976. I have been authorized by the Lido Island Community Association to formally request of you and the other councilmen that the lease be renewed by the City for an additional twenty -five years. As the Council may wish to have the planning staff study the renewal question, a committee has been formed to meet with the staff if they desire to discuss the matter with representatives from Lido. The Committee consists of Earl Hardage, Roy Woolsey, Arthur Strock and myself. Naturally, Lido is most desirous of having the lease renewed as soon as possible before the expiration date. Thank you in advance for your cooperation in this matter. Very truly yours, CARPENTER, MALCOLM & DALY By Thomas R. Malcolm TRM:kp cc: Earl Hardage CARPE\ "'I'Elt, MALCOLM & I)AIN ATTORNEYS AT LAW 3916 CAMPUS DRIVE NEWPORT BEACH. CALIFORNIA 92660 DENNIS E. CARPENTER March 19, 1973 TELEPHONE THOMAS R. MALCOLM ;, -. (714) 557 -8333 CHARLES D. DALY JUDD F. OSTEN JOAN L. LOIZEAUX 1 �1 Mayor Donald McInnis City Hall 3300 Newport Boulevard Newport Beach, California 92660 Dear Mayor McInnis: As you know, the beach lease between the City and Lido Island expires in June, 1976. I have been authorized by the Lido Island Community Association to formally request of you and the other councilmen that the lease be renewed by the City for an additional twenty -five years. As the Council may wish to have the planning staff study the renewal question, a committee has been formed to meet with the staff if they desire to discuss the matter with representatives from Lido. The Committee consists of Earl Hardage, Roy Woolsey, Arthur Strock and myself. Naturally, Lido is most desirous of having the lease renewed as soon as possible before the expiration date. Thank you in advance for your cooperation in this matter. Very truly yours, CARPENTER, MALCOLM & DALY By Thomas R. Malcolm TRM:kp cc: Earl Hardage • �� j City Council Cit_v of Newport Beach 330 West Newport Beach Boulevard Newport Beach, California 92660 Re: .Lido Isle Signs Gentlemen: Robert W. Wright 217 Via Jucar Newport Beach, California 92660 January 15, 1973 Your attention is called to the fact the the Lido Isle Communitv Association is maintaining signs in park areas on Lido Isle (the lettered lots) purporting to prohibit use of the parks by the public and also restricting the use by anyone from 8:30 A. M. to 9:00 P. M. In the opinion of my attorney and of the Harbor Judicial District Court (see case No. M62998) these signs constitute a public nuisance within the meaning of the Cali- fornia statutes. Particulars in this respect are contained in a letter to your City Attorney dated September 13, 1972, a copy of which is enclosed for your information. I am informed that the maintenance of these signs constitutes a misdemeanor (Penal Code §372) and that those responsible may be prosecuted. I am also informed that the nuisance may be abated by action of the City. (Civil Code §3491) While an action to abate a public nuisance may be brought by the District Attorney (Gov. Code §26528), it seems to me that your Honorable body should be primarily concerned since the nuisance exists within the City of Newport Beach. 0 -7-0 It is respectfully requested that the City Council __ authorize and direct such actions as may be necessary to cause removal of the aforementioned nuisance. /'.•'',; Respectfully, Robert W. Wright 0 0 LAUNtr, CHAFFEE,WARD & 0PV, -A.N ATTOrZNE-s AF L4Vl Dennis O'Neil, Esq. City Attorney City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Re: Lido Isle Restrictions Dear Mr. O'Neil: I believe that you have talked with Eric Snethen, Deputy District Attorney,in regard to the restrictions on the lettered lots of Lido Isle. I understand from Mr. Snethen that you are considering the matter of whether or not the lease from the City of Newport Beach to Lido Isle Community Association is valid. You ma_v have heard that one of the members of the Association, Mr. Robert Wright, was prosecuted for marking up one of the signs on Lot I. Mr. Wright was prosecuted for malicious mischief, the prosecution having been instituted by certain members of the Association. The undersigned re- presented Mr. Wright in this matter which was in the Muni- cipal Court, harbor Judicial District, 'M62998. The defense to the action was that the signs in- volved, which prohibit the public from using the beach and the lot, were a public nuisance and that abatement was per- missible so long as it was done without breach of the peace. (See Civil Code 53495) The nature of the subject property is a public park as shown by the Protective Restrictions and other documents which will be referred to in a moment. Through a conference among the Judge and counsel, Mr. Snethen becamc convinced that the property was indeed dedicated to public use and that the subject signs were a public nuisance and therefore moved to dismiss the case, which motion was prorLptiy granted. I have in my file a number of documents relating to this matter, some of which are part of the City ^tanager's files. You might not have readily available some of the enclosed and therefore I am sending the enclosed for your convenience. ELE7.IOVE __ •�. Ill 'IT �T Y.'Il D71-0-00 '::]l.i .�- '"F P:T `' GAFni,I J, C. FULLERTON, CALIFORNIA 92672 ADDRESS PE ^Lr TO OOUC'-,, S, Cn -FFEE P, O. DO; 112 ,.=. =n i Ro ": CK September 13, 1972 Dennis O'Neil, Esq. City Attorney City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Re: Lido Isle Restrictions Dear Mr. O'Neil: I believe that you have talked with Eric Snethen, Deputy District Attorney,in regard to the restrictions on the lettered lots of Lido Isle. I understand from Mr. Snethen that you are considering the matter of whether or not the lease from the City of Newport Beach to Lido Isle Community Association is valid. You ma_v have heard that one of the members of the Association, Mr. Robert Wright, was prosecuted for marking up one of the signs on Lot I. Mr. Wright was prosecuted for malicious mischief, the prosecution having been instituted by certain members of the Association. The undersigned re- presented Mr. Wright in this matter which was in the Muni- cipal Court, harbor Judicial District, 'M62998. The defense to the action was that the signs in- volved, which prohibit the public from using the beach and the lot, were a public nuisance and that abatement was per- missible so long as it was done without breach of the peace. (See Civil Code 53495) The nature of the subject property is a public park as shown by the Protective Restrictions and other documents which will be referred to in a moment. Through a conference among the Judge and counsel, Mr. Snethen becamc convinced that the property was indeed dedicated to public use and that the subject signs were a public nuisance and therefore moved to dismiss the case, which motion was prorLptiy granted. I have in my file a number of documents relating to this matter, some of which are part of the City ^tanager's files. You might not have readily available some of the enclosed and therefore I am sending the enclosed for your convenience. 0 Dennis O'Neil, Esg. Re: Lido Isle Restrictions 0 September 13, 1972 Page 2 1. memofandum of the City Manager dated August 1, 1967 together with copy of title report and summary. 2. Copy of Lido Isle Restrictions recorded Decem- ber 10, 1928. 3. Copy of certain deeds relating to this matter. You might note that the convevancesof the lettered lots LO the City were expressly t a'.e S ij � t t he " a5e :ent5, conditions, restrictions and rights of way of record ". It also appears that the shore line around Lido Isle which is a part of the lease from the City to the Association appears to be tidelands and,if so, is held by the City pursuant to a grant by the State, in which case the property is held in trust by the City for the benefit of the people of the State and must be devoted to harbors, fisheries and navigation. If you would like to discuss this matter further, I would be pleased to hear from you. Yours very truly, Walter B. Chaffee WBC:lb Encl. CC: Robert Wright. 0 0 CTTY o � NEWPORT C Office of CITY AciORNFY February 12, 1973 To: The honorable Mayor and Members of the City Council From: City Attorney Subject: Signs on Lido Isle Beaches l This report is in response to a letter received by the City Council at their meeting of January 22, 1973 from Mr. Robert W. Wright requesting the Council to take the neces- sary action to remove the signs on the Lido Isle beaches. The signs in question prohibit the use of the beaches by persons other than Lido Isle Community Association members. By way of background, Lido Island was subdivided in 1928. Some of the waterfront lots were assigned letters of the alphabet, all the rest of the lots were designated by num- bers. There is some evidence that these lettered lots were intended to be deeded to the Lido Isle Community Association to provide a beach area and access to the water for the pur- chasers of the inside lots. For some reason, the record is unclear, the subdivider in 1929 deeded these lots to the City in trust for the benefit of the community and the public sub- ject to the Lido Isle Declaration of Protective Restrictions which had previously been recorded on the property. Shortly thereafter, the lots were leased by the City to the Lido Isle Community Association. The lease has been renewed on several prior occasions. The last extension was for a period be- ginning June 11, 1951, and expiring on June 10, 1976. The lease is solely for recreational, educational and civic pur- poses and no buildings or other structures shall ever be erected or constructed on the properties. The Association has the right at all times during the term of the lease, to quietly and peaceably hold, possess, use, occupy and enjoy the leased land. In examining the terms of the lease, I am unable to find any language which would prohibit the LICA from maintaining the subject signs on the leased beaches. The Declaration of Protective Restrictions contains language that free access to the waters of the bay and the beach over the lettered lots shall at all times be available to the residents of the community or the public. It would appear i * . R _ signs on Lido Isle Beaches -2- February 12, 197; that the subject signs would -violate the intent of this restric- tion. It is the opinion of this office, however, that enforcing the deed restrictions on the Lido Isle lettered lots is not a municipal concern but should be left to the individual members of the community association. / / r �`�12ZLL��jClJ2 DENNIS O'NEIL City Attorney WH .0 CC- City Manager City Clerk 1. - A..,% ti W z� fj Q eT II Si ei W LU ,uj M4 LU LU LU 0 S3 k E r. 9 75 Fi Gt P LU ,uj M4 LU LU LU 0 S3 k Gt P ,. .'nn P..,.,. Cti it .� �. 1 t e, t _ n Lisa . to 1 1 1t 2 a( .,f d,/. . Ile,, vl' w r five, a0ta Of the - 8 b � i I in WL 1 ^'Jj I st 191a ld io L "t' a55? tau was :.t.._�d fa tau +..Ulan for recrea +;oral end .r- wigIs '. _'crape beard p!,n' called i5a "her commta'_ty uses. hilt a.; a re:'uctant '. :ember C.: .% v;;udii 6x Coo tams, ' 'Cho macs ;or Lido Ts of the Luio isle Caxn:nn... }a Is In iJ'.1, P__idn,ou became ware met tdth great U�thusi- a;. _safiatkm. a 1 la- ✓ec z =i- tt _n a m v cot mE; oftci=IS, as engaged m a tiff with ..^ o I Vin_ 'er .,,b n ,..°yap- at Liugi, a y.; Ca 1,d ter e(, er association L^e'C:fer9 I, d ? 1 +1t & w1em day sought parna5fo t •. = +n Jul }Ia a.can But oo cult a alone Ice from tell eit croimcd [o light Yam a s p n dr23:atL 7f Me, C,y OitiCldls lint Cie i tat" 8 Cons, near his doune. 'nee ',n, ma:£P.S i112 :hand 3 residc'n- and Plky `: ary,I}, '' elOP,cy'4 Over a political t:I 1'.- a":a C°Inn:elGRl aniai- Darrel. mlir CeLnC;l +,Nlri7•{itad lure is r,➢ tr :st and be SW'i Plans f°r the isle prOj,,l d cii b ihe Collet. That ;Ors rate !set r d�'n, the harbor and vvonld art be "PmCed dr.less year. 1 ndldia= tha isian'! tilt s i it feet the defaiopers 7ck one of onmen( h? di ;alt ;vevid fare ahm'e mean low doe, with over title to the Is Communal lose in his bat!' .e mint .he lots to the C�iy. This was to gelaoc boa h ¢. a re l may ' !i was an ahubGous tmeeo- insure, councilmen said, that se;x slg� 'cc t and maY ta4aon but one from '. vhich he the Ions would be used for ha °e greater ram flca';ans. never realized the prc't. e communal parcoms. age, fast Jane he approached was offered 5750'raq for the actlumag fide, the council the association Nuefs and sand in 1926, rejected the would than lease twee, the said he wanted to appear offer and hma died a year loiS to the community asso- no!', e'.Ite 50zrd of diterms... hiller. ciat:3n far $ffA What about, he was asked. But before.he flied he had . It was a poetical lando ab The "private beach" sagas, it xntercd into an agreement and the laud'0w...Its and dal Theo don't Marl on the ,, with a San Francisce, fe". velOPera had their 6aca to beaches, be said. trier, William Clark Cl- t;,e wall. They reionanify The association chiefs de. (A des, to sfl( the island for rYlenred- tie want to the ceded they, df'.in't rant W If 31.'_5 miliion: '... ', cite and'a leans agreement hear fright. : A down payment of SigWo . hers prepared. Itenlead, three of them was made and Crattendent' That was to the early pa# .swore ma a Complaint '"'k °° I P son of Stn and It a peered that agamst .Wrladd arc] nazi him &saw v 't ",he, hem of sese, the r'rmvra vas becomtho a. arminod far malicious WIS. oeli levelooe- Job! P E=s_ rmhhy. chief Then' ace ed him of I4, b c^ of Los i e_iea but hen came October pain irg ever a beach at.. Th dream r as tb t 3e the 49 B and the so s market Wright went to court mtn i fee Of file r aian Lido ;n Crushed and a depression fell � 'attOx -IeY. wal r cast- Venice, Itaiv Hei e, the lowed. ,. fa ax a[ioseY tom alon8. 01 a'-r WOW ,d be called LWO. CorsequetlY: t,y dream .. wind!° mpi s of file city i �4 isle, a community her 'lej Wagoll ma teriall" as sche& lenses =r h the association." wean,y tiled and by toe mild 1,tbe The credidoeS Coreaambs The rst },Lao 5 of course, Lido I ewes ,n the Ganes at 11 an , res'Ac eons s ate that :cns to huua a abridge Con. Ile'v yromatets. the uoh shall hav P -e access' "C"a t e Island with the not the c till had title m " he-ches, f� maird a. d :. to is lots and w 19,8 a lease The d-stri at orne� s of Nest e e 'the elabora +e wa signed with the Lido Ss.e ice asked the ILdhe C, d Plans p 5each —{mat boils Community - oocil that once m ee Clal es a cast e Stree-t ''II1ept 'PI0[' age=. Some say it w s real.. Wright, °alarm t was Plans very hnii to be ly tit_ first lease that. wsn'tand 2Ppar nt the Deac..es were p to ;rite c city council for s' -- and assxstend , city pu.,h. and the signs consti- apomval .. manager Phil Itettencw:rt toted a adisance. I' Conditions, covenants and sa7� „e can urd ra roue cf n„no, Wright want:- the restacr_°cs'. were drawn and an earhe lease. . cf t to r lave the x. us, I- Llo Lido Ise Community 9s-. The lease was again r`- ;019e er, the 0' l caaifi3 < seciai.on was'iprned by tte eeved m 19 t' and is due to suaply heard 'wil ht's ra- I- - o The a o"Pa's on June 10, 1978. quaSr and filed it for the lo¢ Was cement wzs t0 consist of all all Covent ,Lt, the lease axe : record, without ta,,,ng prOCeety 'the owners on the isle d and %eec , tots which ' posted with a*e sites dest�ahag d n 4rn ht is admittedly ssW I' would e mailer, otect he Pxc.usiro the areas as nrtyate, benches a+ t e association hey , r gnta' and pnv: Ingest Ot Its roanit rs. for Lido. Isle Cimrmunsty .ie S°'u'crr - even gi a m'_ a One n sociahon members Only and c: once ±o teL the the ass enefits of buy -' setting the howm of use from C'ahOn wasn't 1pholdm Its 3 Of 3 No. Agn aheirn p Blvd. (C� Unzaln) 6 q ' J e iigg 'r piao et t,3 the stud jsnCL,a,Um t I lnrtnU, o at tee ae of scout 1 (. .+9 anruaay. le Current eavenlla."t 17,725 is e.,m,ted to re: 21,x+13 by .S.'s; and zt n. 1981. Last lca, wxa a ra-c building Year far lease ... Deals, "e " iogged ms than site t'k on 1R n, C. 'tea. Rc: °wn conditions co matte a: ¢ r s,rldions; he odj ' Its iko a dic[at= hhl 3a + h `dxeta[oIs a u � Wr ore's to alto t[9 L *ef or Llin, Tsl * �'- 1 dome 10' mall lawmrs don +ors c o-s Iw _e and Ron y , aid Pas rs ch irre,. or the c u t board of sUp=r 1 or 1 X17 f on tonne rcN, that 7 ma he i 9[ e Pdv a e is tc o"'. 0 r.. ses Ind se v r v Can he ou, o] of : ' - give, rl iv tf`li: t, to theI 3J wit ,.y„i : r ) i 'The alit t r Tor s 'OHM to r mr ,v tad c c s ti,ciou b t I>D r to re, rDiue to an 1 - 0 eo[xn d+ t as rs of as a. v j llr t d if Ins- r, :.d !�Vn zle-, a Y,_ u Z. :ac ulrv, c:Ltin Eat hata a i-d be bmf It "s a foatical hm,L sh' ania_,,ai moo as agreement And the Lino owners and d, - - a San a, . -�flb ramnsco fuia g- --loner, their backs 'zo �1_ -, a had cier, W-Mam Clark CTittar. the wall. Thev reluctant; den, to sell the island for ruier,,1. '!In vent to the 'IM minion :, chy and a lease agreement - cown payment W _ '0 , $io no was prepared. wt-, made sain C--ittend an That was In the early part fo t ak over msel he Parli of 1929 and it appointed that ili tam with the Loin of -ead ;1 c 'rein was becoming a , esza:e de'flone, John P. List- reality. 1,ach of La An g g-to. Buz then ., Offal*, The dream, was to 'm. tne 1929 ' and the Yucca market moshed, and . den -awuse I01- or t'e ltal,an no _a is ltwy. H tu. c, tite in, C,mseaumnl, dream . dreum could 'n callea Ludo . I . lauo� a cmimimattv for the didn't materialize mi ched- tiled and by the mid-19,0s weullm.. , ;do Isle was -�. the lianas of The first t1hinf, of course, new promoters was to build a bridge chat But the -i,, still had title ne,fing the island with the An 16 1)tr and L 1.939 . lease mainland. was shined with the Lido Isle Nest cam a the m.boon-' "e Community Aroocia hon once plans for beach-from an Ust again. Some any it was roap es, sheet, alignment, p! at ly the first lease that was phm�_Vmydamaf to be po• signed, and assistant ity its.ntsd to the city council for manager Phil Behancone approval. says be one fird go recca, V. Conditions, covenant, And an earlier lease. restaictions were drawn and The lease was r. rr. the Uda Isle Community -As- ulved in Ml and is due to S.CiRU.n was-immad by life ru ., n a jime 10, 1976. fle"ejore's. The association . Covered in the lease an was to c0lisist of all Property the beach lo:a winch are owners on the island and posted with since do.iguietum would zefve to pnited the re areas As private beaches rx-linivei rights and "prig- for ML'o Isle Community As feats of its members. satiation members only and One h, the benefits of buy- setting the use e from Z , S11 MEN 151 No. Anaheim Efvd. iih1NGU,75c�"UD FUMMIMREF P q U %0 50 70 CH ONALL7CUSTOPA SOFAS BEDROOM SETS - LAMPS DYNEITES - PICTURE FRAM TS PLAN7ERS - MA74'RESS e WALL DECOR. - SWIVEL ROCXER5 IMISC. OFFICE FURNITURE Tel- 5-9292 ly 7() it. 7. Feb. Tel. 6,35-92-2 Urnars: Donly 7C) " 9 Last Day T..' Feb. 27 £d F". t- 117h-� alaa: he La'an. j1 They ]an t blohn ou tl:. Kiss!FMIRR 'r ,, Lcmhen , , he said. r:, w The "'ancintion cianis ds, 111 cided they 6;,m1c want to 1'0*." Lear Wri'lat. Instead, three of them swore MA a Complaint Fn l Against Wright and had him Arrested hot malhimis, mist ishi". They accus,d hum of ,amli over a iefalh hgi w.wriqlat want to court 'ith M3 Intomm", Walter Tzaf- fee The ahorney look alo.m with Em coples of the city rnth the ias,ocath)g It The maiditions, covn2ato ,And restrictions szate that the public shall have access to the beaches, - Tne dilstiact anorrey" of,- Ice asked the iodine to di, miss the charges fg,ifft R.'right, exalmning it we, jjx F70 Lit aprarent the beaches, goblin and the signo cash- Lined a nuisence. -bria, Wright wants the lel tuty W Mm.ve the signs. However, the chy council ota simply heard Wright's T. enter and filed t for the record, mthout taking ac. Wright is admittedly liked At the Association. "They wouldn't even give M, A charace In tell 'them the ,, eJ�; clation wasn't upholding its 7r, own conditions, c ...... t, And restrictions," he aid. I j "It's Ue a dicufmass. hip.r' . B u a the "dictatcrithip" WriEht refers to sets the Lfe-style for Lido Isle, 0, home for mgav lawyers- dn- tors, amors, jud-es ad ile, old Caspers, chan'M af, of the k116 county hoard o., s.ro"I . sc% 5 On the witerfrent ht, tt,at R make up the "Prilate, beach- 1, c-i", govei-nesses. and try, La g nias ca. env r ; do, teadjng j. th ini, win ds. The association presijeat, attt.aty Thomas luapsnue, failnd to return rep mhd trl. cl,hone calls made 1)v Cuts rar.me, to his of; ine, and home in ou effort to obtain In z [be assoc4aticii's eclat ca r - N,in M. colm in a parn" g in A I.,,, firm that m,Ljd,, i st Stale, Fiert. Dennis Ca-pent,, n:v, I 7a, Mayor Donald McInnlsy .aid the city doesn't want to ir, get involved in the internal When it comes me to renew affairs of the asaoei'tiar. �Nc _11C ti the lease, however, some of these issues will have to he -elll,od. But thal's not antil the middle of ifl-M. Ale-MVIVIo, the signs mr, claiming tee privine bachs of the Lido Ish, Conuntrit, Ig AssucisUou suit stand, A bg, wobbly, from a legal point, 9%? but they stand. Should vnu -chifese. to call the City attorgcv�s office and k ask ]am if anyone can go and use the beinnaes on Lido Isle, he'll tell you yes. And if you dh far you might Ans, Robert W. Wright Around with a big 91m on his lam. I L Al S11 f CITY OF NEWPORT BEACH OFFICE OF THE CITY" MANAG: �r August 1, 1967 TO: CITY MANAGER FROM: Administrative Assistant to the City Manager SUBJECT: LEASE OF CITY OWNED PROPERTY ON LIDO ISLE TO THE LIDO ISLE COMMUNITY ASSOCIATION As per your request, I have extensively reviewed the lease documents and related deed and easement materials relative to the city property on Lido Isle being leased to the Lido Isle Community Association. Grant Deeds and Quit Claim Deeds were received by the city in 1929 and 1934 for all parcels as a condition of the lease, including the existing lease. A Corporation Grant Deed from the Title Insurance and Trust Company, dated January 4, 1929, gave fee title to the city for lots A to P inclusive in Tract 907. A Quit Claim Deed for the same parcels, dated Junk 10, 1929, was also received from the Lido Isle Community Association, releasing all of its rights, title and interest to these parcels. In addition, a Quit Claim Deed was also received on parcels A through D, dated June 10, 1929. On the latter 4 parcels, easements were also granted to the city for posts, wires, conduits, lamps, streets, avenues, lanes, alleys, vias, stratas, prazzas, places, public ways, pipes, hydrants, meters, mains, service pipes, gas fittings, etc. In 1934 another Quit Claim Deed was received from the Title Insurance and Trust Company which covers parcels A, E and F pertaining to tidelands on the north side of Lido Isle and between the westerly end of Lido Isle and the main land. The original lease between the city and the Lido Isle Community Associa- tion was entered into in 1929. A new lease was consummated in 1938 and the current lease, which extends until 1976, was entered into in 1951. The latter 25 year lease is in accordance with the requirements under Section 1402 of the City Charter which restricts the leasing of city owned waterfront property to a maximum of 2S years. Under this section of the Charter the Council has the authority to re -lease this property to the Lido Isle Community Association as covered in their lease with the city dated June 11, 1951. MIES P. DECHAINE JPD /rc cc: Councilman D. Marshall i 4 4 City Clerk March 16, 1959 City Attorney Walter W. Charamza City Clerk Margery Schroeder Attached hereto is my complete file on the proposed amendment to the Lido Isle Community Association - City of Newport Beach lease, including the letter from A. K. Phelps dated March 7, 1959. After these communications have served their purpose, please return them to me. As you know, on March 9, 1959, you were instructed to prepare an amendment to the 28th paragraph of the ,June 11, 1951, lease between the City and the Lido Isle Community Association. MS: am Att. ti 1 L� p 9 a � t PROPOSES AMENDMENT TO LIDO ISLE COMMUNITY ASSO- CIATION - CITY OF NEWPORT BEACH LEASE: PURPOSES: For the sole purpose of using said lands for recreational, educational, and civic purposes. Association agrees that at all times during the perior of this lease it shall keep said property in a clean and sanitary condition, and may, but it is not required to do so, erect upon said demised premises at its own expense any marinas, boatrandings., playgrounds, floats, or may abut wharves, and piers to said property, F _ ___e : fyAm M.Fng tR a a °A -t l and the uses and pur- poses herein set forth are not to be deemed a limitation of the uses and purposes to which Association may put said property, but are indicative only of the character of the improvements to be erected, or the uses and purposes to which the, property may be put, MEMO TO: Mayer Stocdard and members of the Council SUBJECT: Lease Study Committee It was quite apparent from the discussions of the exist- ing leases that a more complete story is needed for proper evaluation. Consideration previously given should be made a part of our record, together with other background material that may be pertinent. The American Legion lease is a case at point. That we are leasing this property to them at a negligible rental would cause rightful questions as to why. In our meeting it was brought out that the Legion swapped other valuable waterfront property to the City for a long lease where they now area In other words, a sizeable consideration was given which does not appear in our lease. I believe we should request this Committee to assemble all such facts possible while those who know are still alive, in order that our leases can be more properly evaluated. KE VETH C. KINGSLEY ;S,Et./ORANDUNA TO: Meyor Stoddard and members of the Council SUBJECT: Proposed .Amendment to Lido Isle Community Association lease As Mr. A. K. ?helps will report to you, the Lease Study Committee unanimously aoproved the proposed amendment to the lease with the Community Association, after deleting approximately twenty words, as shown on the attached sheet. If you have no objections, 1 would like to have this amendment considered at our study session on March 9 and at the Council Meeting that night. KSNN1ET',H C. KINGSLEY ftSTORY OF HOW THi�'liY CF NZWPORT BEACH A"MED uTLL TO THE TWELVE WATERFRONT LOTS ON LIiDC, ISLE In 1928, the original subdividers of Lido Isle submitted to the City a plan of development that included 1094 lots for residential use and 16 lots for Community use. The lots specified for residential use were numbered and the lots to be act aside for Community use were lettered. The City Council was told that all of the lettered lots were to be deeded to the Lido Isle Community Association, to be held for the use of all of the people of the island, and in particular. to provide access to the bay and to provide beaches and recreational facilities for the inside -lot owners on Lido Isle. The City enthusiastically endorsed and approved all aspects of the proposed covenants, restrictions, articles of Incorporation as submitted in the tract map. They approved the plan that the island would have limited assessment rights to provide funds for develop- ing its own recreational properties; that it would have its own high architectural restric- tions, and have beach privacy for its island property owners. However, the City wanted more assurance; the City sought an irrefutable guarantee that the lettered waterfront lots would always be held for the inside -lot owners as access to the bay and for their recreational requirements. To provide this everlasting use of these lettered lots the CITY DEMANDED THAT TITLE TC THE PROPERTIES BE VESTED IN THE CITY. In requiring that these properites be transferred to the City, the Council agreed that they would not interfere with the planned use of lettered lots. They agreed that they would lease the property back to the Lido Isle Community Association and to show their, the City',,good faith. they would acknowledge the authority of Deed Restrictions, they would per: lit the same uses for these waterfront lots as the original developers' plans called for, and the same uses demanded of the Lido Isle Comfnunity Association's Articles of Incorporation, their by -laws and reed Restrictions. The uses granted and the per- mitted activities are clearly set forth in the terms of the 1929 lease between the City and L. I. C. A. Even with these terms, the original developers fought the proposal that they deed the LICA properties to the City. They had no fears, no doubts of the responsible nature of the future Lido isle property owners, but after a conflict of four months, the developers capitulated to the unrelenting demand of the City, and transferred the properties, and took the lease as their only compensation for the lots. Even with these terms, the people of Lido isle will always believe that they are the rightful, legal and moral owners of these lots. The lease of 1929 is important to us today: not only was it the oriy compensative value received by LICA in trade for its properties, but it records the agreements and covenants that were the essence and it indicated the values traded in the transaction between the Association and the City. a. r The terms of the lease are in absolute accord with the Deed Restrictions, By -Laws and Articles of Incorporation specifications of what this Association must provide for the members on Lido Isle. It is interesting to note that the City drew the lease months before the Deed was delivered to the City and the lease was placed in Escrow with the Orange County Title Company with instructions to deliver the lease upon receipt of the Grant Deeds to the lettered lots. Both the Grant Deed and the Lease acknowledge the authority of the deed restrictions. The 1929 lease, was for a term of twenty -five years, with a clause which provided for an automatic renewal for another twenty -five years. The 1929 lease, and its automatic renewal clause are not in effect today due to the crushing blow of the world -wide depression which decended in October, 1929, and lasted for several years. In this depressing period, both% young financial ventures and old firmly established businesses, were wiped out in this financial earthquake. During the past ten years, all the parties that participated in this agreement, both City Councilmen and subdividers, disappeared from the scene of activity and authority. In 1938, a group of Lido Isle residents petitioned the City, through their new L. I. C. A. to grant the Association leases on these very same properties. At this point we find a sad fact; among the petitioners, and, as well, among the council- men, we find that the significant facts and the history of nine or ten years ago were completely lost. In the files of the City there is an accurate record of all that was said in the 1938 public hearing, held to decide whether or not the City should grant a lease to the Lido Isle Community Association. No one remembered that the properties in question were once intended to be the property of the LICA, the petitioner; no one remembered that the City was holding these properties in trust for the petitioner's sole use; no one remembered that there was in the City's file a copy of the 1929 lease, which spelled out that the people of Lido Isle were to have the exclusive use of these properitiest and that they could make such use of the property as the people of the island, and only the people of the island, would deem the greatest advantage. Following this hearing in 1938, a twenty -five year lease was granted to LICA. It was only a pale shadow of the 1929 instrument; vague in language and subject to various interpretations. The present lease leaves doubt as to how the Lessee may use the property. The growing membership demands additional recreational facilities, accomodations, for boats, and other uses the Association finds obligatory to provide under the Deed Restrict- ions, By -Laws and the Articles of Incorporation. r It is the fixed opinion of the members of the Lido Isle Community Association that the City, back in 1928, demanded title to these properties IN ORDER TO HOLD THEM IN TRUST FOR ALL OF THE PEOPLE OF LIDO ISLE, and the reason by which the City acted was that they HELD NO FAITH IN THE FUTURE BODY WHICH WAS TO BECOME THE LIDO ISLE COMMUNITY ASSOCIATION, and the City assumed the responsibility to see that the investors of inside -lots would always have the use of these properties, and the access to the bay. Today, after an unbroken record of twenty years of community management, a mana- gement entirely controlled by the members of whom the inside -lot owners were in the overwhelming majority, the Lido Isle Community Association wants these parcels of property returned to them, as it was intended. Realizing that the procedures to return these properties to the rightful owners will take a long time, the Association will request the terms of the 1929 lease be embodied in the existing least by agreement of the City and theAssociation, to provide the members of the Association with the full use of their properties as provided in the original terms of the property transfers. September 1, 1958 06 0 In the files , I find a photostat of Newport Beach City Council voting to accept an easement for street purposes, across parcels A, B.C. and D. ($10.00) A Quit -Claim Deed from T. 1. &T, to City of Newport Beach, (uses same Bilkhead lines and U. S. Station numbers as used in our Beach Lease description. Parcels A, E, F. RESOLUTION 856, !0/1/34 6000 - T. I. &`i. 2500 - adjoining land owners. A Corporation Land Grant Deed Jan. 4, 1929 Deeds A to P inclusive (5/25/31) Deed from Pacific 1::lectric Land Company to City 1919 Corporation Quit -claim Deed, from T. I. &T. Parcels A. E, F. Aug, 24, 1934 Quit -claim heed from LICA to Newport Beach, June 10, 1929. Parcels, JA H, G, F. E, D, C, B, A, N.. March 4, 1929 Lease to LICA. Reads; That for and in consideration of, the mutual covenants and agreements hareir, undertaken. Page 117 June 1C, 1929, Deed of confirmation by T. 1. &T. to City of Newport Beach, relating to those areas indicated, as easeme :.ts to the City for public utility purposes. Whereas ... etc. certain offers of Dedication. Now therefore... etc. said offer of Dedication is fully accepted. Page 118 Same meeting records, Quiticlaim from Lido Isle Community Association. RESOLUTION 794. cancelling original lease, 6/5/33 3/4/29 Lease to "B" is for twenty -five years . and at the option of the lessee, u p o n writen notice delivered to the lessor. , thirty days prior to the completion of the first twenty -five ye. the terms of this lease shall be extended by endorsement hereon for an additional twenty -five years.... etc... and the payment of the same rental as hereinafter set forth.'° August 1919, deed to what appears to be Lido island from Pacific %lectric to City of Newport Beach.. April 30, 1928 "Mr. Conzelman of the Parkinson Island (Lido ) Syndicate presented a sketch of a pier they wished to construct on their island. (referred to City Lngineer). May 7, 1928 (See communication referred to) The communication from the Planning Commission recommending that the maps of Lido Isle, which were approved, on certain conditions. etc. - - -- May 14, 1928 (page 25) Permission granted to Elsbach to construct a pier cn Lido Isle, "subject to the will of the Council,. (page 26) Tentative map of Lido Isle was again taken up for approval. The same was discussed and, on motion, etc., map was approved, ` .. , if the twenty foot alleys were widened to twenty-four and paved full width." (page 26, next paragraph reads) May 23, 1928 (page 27) Letter from Elsbach. regarding start of work, ordered filed. The communication from John Conzelman. confirming changes in the map, desired by the Council, was referred to the City Attorney. A.ugusic 20, 1928 (page 47) The map of Lido Isle was discussed at length. the map showing all street ends as community property, whereas the map previously presented to the Board showed street ends to be dedicated. It was finally decided that the City would approve the map when Presented with six of the street ends dedicated. September 3. 1928 (page 47) W. C. Crittenden and Attorney J. J. Wilson for T. I. &T, were present and presented objections to dedicating the six street ends, as agreeded upon at last meeting. Different plans were presented for keeping the street ends as com- munity pooperty, which were discussed at length, and on motion of -- and second by -- and carried -- the map was not to be approved until such time as the six streets ends were dedicated. September 10, 1928 (page 50) The map of Tract 907 known as Lido Isle was presented to the council for approval . by J. J. Wilson attorney for T. H. T. The same was discussed thoroughly and upon motion etc., carried, the map was approved. and clerk authorized to sign some when the deed and leases to lots A to P . as shown on map, have been properly presented (page 82) Resolution 489; voted leasing lots A to P inclusive. and Lido Isle Community Association is granted. i C O M M U N I T Y 1f ASSOCIATION 701 VIA LIDO SOLID, LIDO ISLE TELEPHONE, HARBOR 527 NEWPORT BEACH, CALIFORNIA July 14, 1958 Mr, Walter Charamza City Attorney Newport Beach, Calif, Dear Mr. Charamza: RECEIVED JUL 15 1958 J sl ;� b I have enclosed two copies of two accounts of the history of how the City of Newport Beach became the owner of the Lido Isle beaches. I am taking the liberty of sending these statements to you, in the hope that you will have a few moments to read them before the time Mr. Cedric Roberts and I are to call upon you, and you might be inform- ed of the background of our problem; and we can also save time in our conversation. Both Mr, Roberts and I are looking forward to seeing you, the morning of July twenty - first. BC/ je Bunster Crdely, Mgr; Lido Isle Community As A Non - Profit Cooperative Organization of All Lido Isle Proporty Owners ?-a.. ..�_, .l�'_3 K. F is _�..f � -z v.c,`1' .t";,idD Ali AiVL,.L i3 Cis' d l iiCONVEY r..i C OF T.°^:.C: PRIVATE PROPERTIES OF LIDO ISLE TO THE CITY Or NEWPORT BEACH, CALIF: , s _ INTRODUCTION: In 1953 the administrators of the Lido Isle Community Association became curious as to why some of their lots were the property of the City of Newport Beach, The City - -owned Iota were indicated on the Lido Isle tract map by capital letters„ and all the other lots on the map were indicated by numbers:. The Lido Isle Declaration. of Protective Restrictions, the Lido Isle By -Laws and other documents indicated plainly that the lettered lots were intended for the ownership of the Lido Isle Community Association,. This gave rise to the curiosity as to when the ownership changed, and our own corporate records were silent on the subject, Lido Isle, through its association, did have exclusive use of the lettered lots through a lease agreement with the City of Newport Beach. Our curiosity caused us to ask of each "old-timer" we met if they knew why the ownership was switched to the City. and under what terms„ agreements, and covenants the property was given to the City.. We asked our questions without answer until November 1953„ when we asked R. L. Patterson, former Newport City Engineer.. "Pat" knew the answer, and he told us the story„ From Pat's account we took many leads and started our in- vestigation, We interviewed many other people and recorded their reminiscences; we studied the City records and the local newspaper files, and the story we have compiled to this date of May 22, 195,3`, we will re -tell„ but first, we remark that it is sheer co- incidence, and only coincidence, that we found the first answer in the same month that the proposal was first made to the City Council to submit a referendum to the Newport voters to relieve the Council of the authority to the renewal of its existing leases of waterfront property, THIS IS WHAT HAPPENED TO THE BEACHES OF LIDO ISLE: Mr, Patterson gave us our first account of the story; we went to the City records, interviewed other participants„ photostated the excellent progressive account in the Newport newspaper of the year 1928, read through the files of the Los Angeles Times and sought additinnal information wherever we suspected it to be.. We failed to find a single statement to contradict what Mr. Patterson had told us, but we found much to substantiate him and to amplify his account,. In May, 1928. the Newport Beach Planning Commission approved the map of tract 907, Lido Isle, and sent it to the City Council through channels, with only the recommendation that some of the streets be made wider„ ?Fl ..._. ,� _ �.. _. �..cl:: _. _ -ter• b4`1 The map approved by the Planning commission showed 12 waterfront lots, Each identified by a capital letter rather than the usual designation of a number, The lettered lots were set aside„ it is known; to be deeded to the Lido Isle Community Association, and to be held by the Association as permanent accese to the Bay for the inside lot owners, and for other recreational uses for the entire membership ofehe Association, On August 20, 1928 Owe refer you to page 47, City of Newport Beacii Minutes fo, the year 1928) the City Council REFUSED TO APPROVE THE MAP UNTIL SIX OF THE LETTERED LOTS WERE DEDICATED to the City of Newport Beach,. We are told that the Council gave this arbitrary ruling in the interRSts of t'r<e inside - lot owners, It occurs to us today that other guarantees might have been demanded that would have protected the inside -lot owners, such as highly restrictive claue --s in the deeds to the Association; or options to the City for a token amounts if ever 'he lots be sold; but the Minutes show no alternative other than the outright conveyance of the six lots to the City, This entry in the Minutes i s quite clear; either the develr; -ers surrender the parcels of land to the City, or the property could not be offered to :`he public for sale, In contrast to the cold statement in the August ZOth, 1928„ hook of Minutes„ we are told that the ruling was intended as a helpful move,. This seemingly arbitrary demand for the property, we are told, was not the act of an obstructioidat, but was an act indicating full accord with the plan for Lido Isle as a private planned community,. We are told that the City welcomed this plan as a great benefit to the City The Council told the developers that the plan for Lido Isle would tend .o upgrade the entire City In the past it was common practice throughout all parts of the City for one man to build a $ ", 000, 00 home, and then have the man owning the let next door to start building a $600. 00 dingbat out of used materials and the result w"ouli be lowered evaluation on both homes, and the neighborhood as well„ and the City's tax source would be greatly reduced, The Lido plan called for demanding building restrictiom, greater setback requirements than the City itself ordained, and called for an architect,:ral committer of professional men to pass on the quality of each structure, and the coy =ittee was provided with rules that were enforceable,. The Council, we are told„ looked upon the proposed development of Lido as a great boon to the City and to the City's property values,. The City was so favorable tov,,-ards this planned community that they declared themselves partners in order to guarantee its success., They offered theft eaaporate poi afs as a m�- micip;iity to i�F,, rl the su-_cess of Lido Isle- as a development, W sae gold they cifc yed certain municipal sw =,°ices to the project, as part indsce ment to have the lettered lots conveyed to the City, What aright appear to ue today as 4nnecess.ary interference on the part of the City Council, was not considered as s:;�c:h, by some.,: at the time,. We have on authority, that the Council was trying to be helpful, and was attempting to lend its aid as a co- worker in an event the Council saw as greaaz: benefit to their City,. - - It is evident thz..t the Co-uncil fully approved of the private bear -has for the members of the Association, as ;wall tbry must,; £or certainly it was not within their power to der_:and that private property ba ccnverted to public use, and converted without compensation to the owners; it is evident by the fact the Council immediately granted a lease that for the exclusive use of the members of the Apf ;oe.iaticn, We anust study this leave as the substantiating evidence of statements we repeat here: The lease gave the meanbers of the Aseoei:ttion th& same use to which the developers in- tended to name in their, grant deed to the A=s.5ocia,tion; The leaee is the SOLE RECOMPENE the Association received for its 16 lots given to the City ,. .. , , and it became, 16 parcels instead of only the six demanded in the meeting of August 20th Still studying the leave, we see, by the evidence of the automatic re- newal claucc, that it was not intended as a short-term instrument of expediency„ but a documen t to carry into perpetuity. THE FILES SHOW: The developers of the ;siland, the owners of the property and the Association were the parties who must decide to meet the mandate of the City, and surrender these 16 lots, William Clark Crittenden„ referred to; as a San Francisco financier, and John Pa Elsb.ach were the men who held the plans and dream Mrs. Pasl:ins.on, the widow of the original owner, who had received a substantial down- payment from the Crittenden- Elsbach group and had a very large trust deed 'interest in the Island, Witle Insurance and Trust Company, working in the interQs of the Parkinson Estate. The interested people who were named as directors in the Incorporation of the Lido Isle Community Association,. It is reasonable, vee are prone to think today, as use look at the grant deeds from Title Insurance and Trust Company conveying these parcels of land, and as Upe look at the quit -claim deeds as granted by the officers of the Lido Isle Comnitudty Association for these same parcels, to think that these astute business people. MUST HAVE FiAD GILTTEDCED SECURITY, THAT THEY WOULD ALWAYS ILANE, THE USE, AS THEY INTENDED THE USE, OF THESE 16 P_ARCELS OF PROPERTY, In our search of the City records, and it was thorough for the year 1928, we did not find another instance where, there was a likie demand of private property from the de- velopers of any other tract:. SUMMARY continued Page FOUR Many years later such demands for the surrender of private property became commonplace in Orange County, and continued until the courts ruled the practice as being unconstitutional, but back in 1928, this demand on Lido Isle was unprecedented, at least. TODAY the residents of Lido Isle have become very concerned over the possibility that the City Council might be deprived of the power to renew the lease on the water- front properties when the leases expire. In order that a clear understanding may be had by our whole community we have con- tinued our intensive study to reveal the circumstances under which the City acquired title to the properties in the first place, The operation of the lease agreement during the intervening thirty years, and the future disposition of the property, The concern of the people of Lido Isle in this matter today is less than that of a tenant„ and more the concern of an heir over a trust - holder who is managing an estate for the heir's benefit.. Lido Isle was designed as a private Island, It was under private ownership before it was sub - divided, and it was sub =divided with the intention of keeping it a private Island. We are told that the Council was in full accord with the plan for keeping the Island private, and that accord is completely reflected in the lease the Council granted in exchange for the grant deeds and the quit -claim deeds it received for the lease THE ARBITRARY MANDATE; -. that the Council made„ which demanded the transfer of the properties before the tract map would be a proved was made upon a group of people whose past activities CERTAINLY DID NOT MERIT THIS ACTION, THIS UNI<AIR DEMAND, Let us look at what these people had done;, and were planning on doing with private funds for the everlasting benefit of the entire City of Newport Beach At the time (1928 ), a total of $2, 262, 430. 00 of both private and public funds had been spent on dredging to improve the Harbor„ Of this total amount, the private interests of Lido Isle spent $30Z, 000, 00 on Channel dredging which represents more than one - half of the sum total spent by private intereste on improving the Bay, At the time the Council arb;trarily forced the Lido Isle people to surrender their properties, the developers were instigating improvements under the California State Improvement Act of 1911 in the amount of $1, 222, 861. 95, which would provide for the Bridge to Lido Isle, street paving, curbs,., sidewalks„ underground utilities and sanitary installations, and each lot on Lido Isle would, and did pay for these improvements,. Since these beginnings„ the people of Lido IEIe have continued their policy of self- sufficiency and paying for many community needs out of pocket;, by means of their association, and relieving the City of Newport Beach of the costs of such items as life - guards, tennis courts, gardening of public p_cpertiee, parks, and other civic services that the people of Lido Isle have provided for themselves, To hatre searched through th6 past of thirty years ago, through records that were written with a miserly use of v =odds,, and are innocent of editorial comment, and SUMMARY aontinue,d . r-a.ge FIVE E devoid of qualifying explanation„ it is hard to see what was in men's hearts so long ago. The City Council appears to some as villain, to others as hero,, and to stilt others as gust meddlesome. To us, while reconstructing the history, the Council sometimes appears as trust - holder of valuable property for the benefit of the inside lot owners. Again, they seem to play a role as underwriters, guarantors, or as partners to a civic development of which they heartily approved, and whom they wanted to aid in every way within their corporate power towards a quick success, Then, again„ they appear as obstructionists, telling the subdividers that the map can't be approved unless it is done the way the Council wants,: and in no other way. Not for the sake of compromise with history, but by reason and by analysis, the Council seems to have been a little of three, Whether the 1928 City Council had any legal, or even moral right to interfere in the private affairs of Lido Isle, we are not prepared to say; but this we can see today, that they do have a MORAL OBLIGATION to the 750 citizens of Newport Beach who have invested an estimated $ZZ, 500, 000, 00 on Lido Isle in the conviction that they were buying a home under the conditions guaranteed by a lease issued by the City. ,. � < The end 5-24 -58 Transcription _d a conversation between Mr. John P. L''lsbach and Bunster Creely at 10:30 a, m. Tuesday. March 25, 1958 in Mr. E lsbach's suite, Sheraton Town House, "os Angeles, California: Creely: Mr. 41sbach you are the John P Elsbach who was one of the original developers. or sub - dividers of the Island you named. and is now known as Lido Isle, are you not? Elsbach: Yes I am that man. I conceived the idea of the development and designed Lido Isle, as it is known today. Creely: Was it your intention, in your original engineering and design of Lido Isle to refrain from dedicating the traffic bearing streets* and was it your in- tention of keeping those streets as privately owned streets? rlsbach: No, it was not our intention to dam= so, alihwugh it was considered for a while, but we had to install the improvements under the 1911 Banding _pct Lr Improvernen.'s, and I `.relieve thac prevented us from keeping the streets private. Creely Were you, and your company, as the orir :inal developer, the people who dredged the North Lido Channel and the Turning Basin in Newport Bay Elsbach: No, most of that work was done by Mr. Parkinson before I came into the picture. However, we did considerable channel development and Improvement at the Vest end of the Island as part of the bridge con- struction, which we paid for, and it certainly improved the Bay. Creely: Looking at this map of Tract 907, Lido Isle, I point to those lots abutting the waterfront, and indicated by the letters of the Alphabet, let .nee ask, was it not your intention to deed those lettered lots to the Lido Isle Corn - munity Association to be held for the sole, exclusive use of the owners c.f the Lido Isle inside -lot owners? Elsbach: Yes. This was to be an island held for the private use of everyone who owned property on Lido Isle, and ONLY fur those who held title to property on Lido. Creely: Then why did you not do so, as you intended, and why did you deed these and other properties to the City of Newport :leach, instead? Didn't the City like your plan? Elsbach: Lake it? Mr. Creely they were crazy about it! They liked it so well, they sort of made themselves partners with us, to insure the success of our development. Here's what the City of Newport Beach was up against: Cver on Balboa island, or down on the Peninsula. a span would build a $30, 000 home, and Transcription........ continued Page TWO along would come the person who owner: the lot next door and he would put up a $600.00 shack made out of second -hand lumber. and then both houses would be next to worthless for tax purposes......... But here we come along with an arrangement for an Architectural committee to pass on all buildings, with a set -up for a completely private island which will attract the very best people who will ,.t.t ._r- bealttifal homes which will all become high tax income to the City. The Council told us. to help you people matte this work, you deed this property to the City so that Nv OPJL can take these lettered iota away from your inside -lot owners. We will lease the property back to you forever so that you can always have jurisdiction over it for the benei'U of your inside 1:st owners. If you deed the property to the City you will !�e aoie to sage the taxes cn it, and then, because the property is in the City's name WE CAN USE OUR POLICE FORCE TO KiLLP EVERY- BODY LLLS::. ERG-Zvi T1ZI:Sr: iSlliCi C %ir YCUR BLACHLS. Creely: By e ierybody ` did the City Council mean that they would use their police force to keep citizens of Newport .Beach who did not own property on Lido Isle from using the Lid (.- be:achee" Elsbach: Yes they didt as raised the sarne question, ana. they assured us that they would prevent EVERYONE from using the Lido beaches who was not qualified to do so. That fact wes clearly underaticd crd agreed up•�n, and it was. together with their guarantee that we would not be charged any taxes on the beach property, were the two points that caused us to capitulate, and trade the deeds to the properties for a lease upon the properties. Creely In other words. :rir. Elsbach, the City was n•.t denying you your original plan of having a nearly completely private island with its own private beaches, bu by &skin-- fur title tt+ these properties. they were offering their aid and assistance, as a trust officer, to help you achieve a private island, with its own private beaches Llsbach: We were assured. time azd time again, that they wanted to help cur de- velopment succeed. and by giving their help as trust%t.Ader, it wtaild be a guarantee that it would always be a private island with private beaches. Creely: Was there ever any question of the expiration of a time or a period, after which the beaches would be returned to use of the citizens of Newport Beach? Llsbach: POSITIVLLY NOT! + I asked for a 99 -year lease, and the Council assured me that such was not necessary, because the lease would be automatically re -newed upon expiration and that IT WOULD BE LEASED TO THE LIDO ISLE COMMUNITY ASSOCIATION FOR—EVER. It was on this understanding, this assurance, that we gave them the property. Creely When the City Council demanded the deeds to the lots in question. did the Council offer any other compensation? Transcription ........ continued: s Page THREE Elsbach: None. We gave them the property on the agreement that it would always be leased back to u:; that t: ey vvould use their police force to keep off all trespassers except the property owners of Lido Isle; that they would act as trustholders to see that the inside -lot owners, and only the members of Lido Isle Community Association would have the exclusive use of the properties, and that it would be tax -free. Creely: Mr. r�lsbach, from what you are telling, me, I am gathering opinion that the City Council's sole role in this transaction is that only as a trust - holder for the owners of inside -lots on Lido Isle, is that correct? Zlebach: That is entirely correct. This role, or responsibility as trustholder is the ' cement ' that held this entire transaction together. We only agreed to accepting the City Council in as a responsible trustholder for the benefit of the future investors in our development. Creely At any time 60 the interests of the Citizens of Newport :Beach who did not own property on Lido figure into this proposal of property transfer; were their rights to use Lido beaches ever discussed as having any bear- ing on the case. Elsbach: Cmly long enolirh to have it determined that they had no rights in the matter; the island was entirely privately owned, and was never considered #heir =-- property and they had no concern in the matter. All of our considerations were to provide perpetual access to the :Bay by the owners of inside lots, and to better provide for the privacy of .Lido Isle for Lido Islanders, John P. Elsbach Bunster Creely Pdarch 25, 1958 City of Newpo& Leach No ? 785 NEWPORT BEACH. CALIF- 195 RE EKED FROM_44 - -. - 22r�__�$ l(L /iA /S S DETAI CREDIT_ FUND �yC/JT_ FINANCE OGFIC A -- *330A NB 156- 2500 -4/52 a 0 I C 0 Wi M U N I T Y A '-- S D E I A T 1 0 N Tune 10, 1953 Mr. John Sailors, 'ity Manager City of Newport Beach, California Dear Mr. Sailors: Enclosed please find our check in the anount of $750.00 for the yearly rent of the Lido Isle beahhes and easements as per our agreement with the City of Newport Beach, BC:vc enc. Very truly yours, LIDO ISLE CQ>1MUNIT'YY ASSOCIhTION Bunster Creely Manager A N;:n-P:f (i, Lid,, 1,1, 4 1 C. e. RODD PRSI OENi MANLEY CLARr: C O M M U N I T Y VICE- iRES'IOENi JOHN CH EENLIT sE-RETFRV A S S O C I A T I O N NELSON NEICE TRF" RER 901 VIA LIDO 5OOC. LIDO ISLE W. R. MIRAMS o•RECTGR TELEPHONE: HARBOR 527 P. A. RECiOR PALMER NEWP ❑R "" BEACH. CALIFORNIA oI THO.M^s S. JONES 01R CTOR 1\'41'NE M. MURDOCK <5S T may )1, 1951 SC". "!-MAN <I:ER. City Council Nei-.Tort Beach, Califorr_ia Gentlemen: IJ On December 5, 19 ,18 the City Council of the City of Ne�-:rort Beach by resolution No. 1454, entered into a lease with the Lido Isle Cosmunity Asso- ciation, said lease covering certain parcels des- cribed on Iid.o Isle and said lease running, for a period. of 25 years to end December 5th, 190,. The obligations and responsibilities assumed by us under the terms of this lease have in the past cost the empenditLxes of considerable suns of money. With se•:eral of the improvements to be maintained by us now at an ,ge where they require complete replecement, and with rising replacement costs, we find ourselves faced with numerous problems in budgeting these obligations. 9e would find it quite helpful if you would enter into the sane lease with us for a period of 25 years from < current date at which time the present lease of course, would be surrendered and cancelled. Your consideration nnd. early attention to this re- cuest is solicited. Respectfully, Lido Isle omm .lty'Association PAP;m i j by P.A. aloe Director . A Non - Profit Cooperative Organization of All Lido Lyle PR'operty Oaoners - J 1 - at-ed: Request of lido Isle association for lifeguard service. (Note - I have checked Minutes for hearing on lease at time of adoption and find no mention of lifeguard service stipulation. Request & original lease agreement TQ ;aY Priest C--,TT C1 rF DAT. Pleazo note abcve which Is re- reforred for action c.. below: 1. For Infornsation, 2. To Comply. �. To inveatic to ead report with reccrnenOation. 4. To d4tpoeo, ro re37crt necesaary. 5u �U 60.c dJ4Q( a 4 v�VyLl (wJ C J V 6. Dx *.-:sat» ltt:�czied: r 1j? ATTORNEY July 26. 194. _4 July 25th t. ... �. �(. f`�1 1 - at-ed: Request of lido Isle association for lifeguard service. (Note - I have checked Minutes for hearing on lease at time of adoption and find no mention of lifeguard service stipulation. Request & original lease agreement TQ ;aY Priest C--,TT C1 rF DAT. Pleazo note abcve which Is re- reforred for action c.. below: 1. For Infornsation, 2. To Comply. �. To inveatic to ead report with reccrnenOation. 4. To d4tpoeo, ro re37crt necesaary. 5u �U 60.c dJ4Q( a 4 v�VyLl (wJ C J V 6. Dx *.-:sat» ltt:�czied: r 1j? L11 DO ISTE M M M U N I T Y A S S 0 C I A T 1 0 N TP P H , N E 11R8UR 527 '[7WROPT 9E.C.1- ::ALIFORNJA ri July 18, 191+9 Members of the City Council Newport Beach, California Gentlemen: We have been reviewing our Lease with the City of Newport Beach and investigating the conditions under which the Lease was signed, granting us the use of the Beaches on Lido Isle for the sun of $750.00 per year. Our information seems to verify the fact, that at the time the Lease was signed, ten years ago, an agreement was made with the City to furnish Lido Isle with a Life Guard. This was part of the agreement, because Lido Isle differs from other public Beaches inasmuch as the Island is a Community Association, and is occupied and used exclu- sively by 100% property owners and City tax payers. We feel justified in requesting the City of Newport Beach to furnish the services of a Life Guard to the Lido Isle Community Association Beach. Please consider our re- quest and advise us of your decision. Very truly yours, LIDO ISLE COMMUNITY ASSOCIATION Wjyne M. Mu oak Manager WMM.vb >4 \on-T,ofir 12'aoPeratire 69rganizadvn of _-411 Calf) 'Isle 'Property 0tuner.s 3333 VIA LIRU P. A. PALMER NEWPORT REACH, CALIFORNIA GENERAL S ALE 3 AGENT TELEPHONE 1500 Kr:P L'}:BRSTINC. ( +ItIFFITH CO \IPANY LIDO ISLE MARCH 28TH 1942 MR. ROLAND THOMPSON, SPURGEON BUILDING, SANTA ANA, CALIFORNIA. RE: BEACH LEASE - LIDO ISLE COMMUNITY ASSOCIATION DEAR ROLAND: PROPERTY MANAGEMENT 'SALES - RENTALS LEASES - LOANS INS O RANGE THE ONLY AMENDMENT WE '.WOULD NEED TO THE ABOVE DOCUMENT WOULD BE IN THE DESCRIPTION ON PAGE 5, LINE 12, - IIA STRIP OF LAND 101 IN WIDTH".......... TO "`,E CHANGED TO IIA STRIP OF LAND 601 IN WIDTH II......... THIS WOULD HAVE THE EFFECT OF TAKING IN MORE OF THE BRIDGE APPROACH THAN IS NOW TAKEN IN AND WILL HELP TO ELIMINATE THE PUBLIC FROM RUNNING DOWN THE BANKS OF THE BRIDGE AP- PROACH. IT HAS NO OTHER EFFECT, NOR DOES IT HAVE ANY EF- FECT ADVERSE TO THE CITYIS INTEREST. PLAN TO DISCUS5 THIS WITH MEMBERS OF THE COUNCIL AS I CAN REACH THEN IN THE NEXT FEW DAYS AND THOUGHT YOU MIGHT LOOK AT YOUR COPY OF THE LEASE AND SEE IF ANYTHING MORE THAN A SIMPLE RIDER TO THE LEASE WOULD BE NEEDED. I NATURALLY HOPE TO AVOID ANY EXPENSE OR PUBLICATION OR PUBLIC HEARING, BECAUSE THIS IS SOMETHING THAT I SHOULD HAVE CAUGHT WHEN THE LEASE WAS ORIGINALLY DRAWN. iT VERY TRULY YOURS, / 1 P. A.� PAP:AB `' Ci?) Attom6y of Npwpo& Beech Law Offices Roland Thompson Suite 210 Spurgeon Bldg. Santa Ana, California February 19, 1940 Honorable Mavor and City Council of the City of Newport Beach City Hall NewportBeach,California Gentlemen: In connection with the abandonment of certain streets, promenades and stradas on Lido Isle would say that the streets, etc., to be abandoned are shown in red on the map attached hereto. All the property to be abandoned will revert to the City of NewportBeach as the City now owns the property on which the right of way was originally granted. In other words, these lots were deeded to the City of Newport Beach and the City then gave an easement over them. These are the easements which will be abandoned. The only exception to this is the street shown as Via Cordova and the two (2) parcels marked in ink "1" and facing Central Avenue where the same intersects with Via Lido. I have checked this very carefully with the map and with the City Engineer. Very truly yours, RT : LR y 'I'elephomo 261' i NOTES ON PUBLIC HEARING TIDE -LAND 1E ASE LIDO ISLE COMUNITY ASSOCIATION HELD DECEMER 5th, 1938 A. M. STRONG: I am a property owner in Fast Newport, and I believe I an expressing the views of the majority in that section when I say that I am in sympathy with the Lido Isle Community Association and their request. As I understand Ito this application by the Lido Isle Club to the City Council is a renewal of a land lease, one which had ex- pired several years ago, the purpose of which is to prevent the general public from the use of the beach for picnics, on certain street ends. However, this is my thought. Al- though we do not stand in the way of it, we feel that if the city is going to make arrangements to protect the tax - payers in that section, that we should go further and extend that to other portions of the bay front where resi- dential property faces directly on the water. Therefore, I am expressing the hope that the same kind of thing could be extended over other portions of the bay. E. S. MORROW: I. have nothing in particular to add to Mr. Strong's express- ions. I am completely for Lido Isle. We are going through precisely the same thing n Balboa, and we know what Lido Isle.is up against. We are going through (please excuse) "hell" down there, what with people cluttering up the beach with picnic refuse, leaving the property owner no privacy, keeping us awake all night, etc. In my esti_nation Lido Isle is willing to pay for something which they have the right to have without payment. In other words, they are asking for rights which they should have, even if the city must police -that beach. Why should they pay for that pri- vilege? We should have the right also. There should be no public bathing beach. And too, this thing is spreading widely. The same thing will happen in the El Bayo tract and Balboa Island. It is time to consider this thing, gentle- men - we should be protected! DICK ROG ?,RS: I agree that we should be protected, but there is more to it than the water front property. How about the inside property owners? Where will we have the ri &ht to a beach where we can play and let our children enjoy the bathing? This harbor was built with the expectations of using the bay. If this plan goes through we are going to have nothing for anyone on the inside to get to the water except for two or three places. I am very much opposed to closing street ends. f (At this point some discussion was had relative street ends. Mayor Williamson stated that no street ends would be closed in any other section of the city. That this application pertained solely to Lido Isle, and that inside lot owners on the peninsula were in a different status than Lido Isle.) J. R. SKEEN: Gentlemen, this is strictly a beach town. Is that to be restricted to the public? Don't we jnvitqthe public here? As I understand it, you want to cut off from the public 24 ft. from the property line out into the water. They want the same thing on the peninsula. Now tell me this - do you want to put gates around the harbor with signs saying "Keep Outl" We certainly pay the use of this harbor and we should be.able to use it._ J. W. BERTRAND: f. Yes, this is a beach town, but it is maintained.by the property owners. You just go to Los Angeles and try to use someone's front lawn for a picnic like strangers here do. Even asking to use your toilets. I own property on Lido Isle, and in the summers we have absolutely no privacy - our home is like a public playground. J. R. SKEEN: Then why do you advertise this beach as the world's most wonderful playground? Why do you spend thousands of dollars each year to advertise - come to the bay and sea then pro- hibit their use of what you advertise. Where are you going to put them? Years ago this beach was just a duck pond, and a desolate place it was in the winter months. Now you people and all of us have paid to develop it and now you want to keep it all to yourselves. Answer me this - what is the population of Lido Isle? P. A. PALMER: There are about 124 houses on Lido Isle and an average of four to each one. J. R. SKEEN: What is the population of Orange County? COUNCILMAN GORDON: Approximately 133,000. J. R. SKEEN: There - what more can I way. Those 133,000 have paid for the development of the harbor and they should be entitled to full priveleges. They will have something to say about this too. -2- C. F. DENNISON: There are two sides to this question. I will grant that the property owner needs some consideration. And on.the other hand the visitor to our beach should also have the right to enjoy the bathing, etc. The question that comes up in my mind is how this will effect the city at large, if we allow these restrictions to only one section. I would suggest that if this lease be given that the city police these sections, if they can do it no other way. However, I don't think it's the proper thing to close these street ends. The public does -come down and misuse the front property, but I do not think we can handle it this way. I believe the city should maintain sole jurisdiction over all water front property. L. W. BRIGGS: -I am in full accord with the wishes of the Lido Isle Club Association. They have laid down a well balanced plan. In the first place this island was privately owned. The land- owner gave it to the city in the first instance. The number of street ends involved are barely sufficient to take care of the demands of the public, however. One must bear in mind that this misuse by the public of the beaches has de- creased the value of property. The assessed valuation of property between blontero and Adams Streets, for instance, has decreased 50% due to misuse of the beach there by the rabble from out of town. It is absolutely necessary to find some means of controlling this nuisance. They simply take your home over, damage your property and are a nuisance to the public welfare. I do not object to this application by Lido Isle because I think it is fairly well balanced in the area involved. COUNCILKAN GORDON: (Questioning L.W. Briggs) Is that the only place (meaning between Montero and Adams) where property has decreased bbout 50%? L. W. BRIGGS: It is.the worst glace, but it has affected greatly also other sections of Balboa and East Newport. Remember, without the taxes paid by local taxpayers this town could not operate. If this.were a state park then it would be proper for the general public to conduct themselves as the state permitted. We have to operate our own town, and we ask a portion of those funds for bay front owners because they have the most favorable property. a . :( CAPTAIN FULLER: I have been a resident here for 12 years. Years ago it was not just the bay front owners who were bonded to get the vast improvements on the bay. It seems to me that the Council and a police force could police that frontage so that no one need be annoyed. I am a boat builder and live out on the water. We should certainly have the right to get in and out of the bay. And we should not close to the public the best bay in the United States. _ -3- J. H. MILLS: I believe we should look at it from this angle - that it 1A - everybody's beach. We have enjoyed these beaches and want ' our children to continue enjoying them, and their children for years to come. If we start a thing like this we just don't know where it will end. I am afraid the city will get into a lot•of trouble if they start closing up the beach to the general public, and it will be a detriment to the welfare of Newport Beach. F. W. LLEWELLYN: Well, all I've got to say is that if these street ends are going to be leased out, I would like to make application for one next to mel GORDON FINDLAY: Well, gentlemen, I am just a poor but honest contractor. I own a couple of inside lots on Lido Isle. Here is my thought. We don't want to be exclusive over there, but on Sundays we do like to go bathing on the beach ourselves ' with our guests and have a place to launch our boats. There are a number of inside lots on Lido Isle and they should be entitled to the beach for themselves as their taxes help pay to maintain them. Another thing that has not been brought out here and that is that if you are a property owner on Lido Isle you are a member of the Community Association and pay dues. We don't come before you and ask for something for nothing. We ask for a renwwal of a lease for 25 years at so much a year. We are merely protecting our inside lots over there. J. A. BEEK: There are four times as mayy inside lots as there are bay front lots on Balboa Island. We experience the same trouble with outsiders over there as Lido Isle. Unfortunately, we did not have the foresight years ago, as did Lido Isle, to form a club of this kind, and consequently we cannot protect our beaches from nuisances such as you've heard tonight. We cannot keep the public off our private piers, nor our private property. At one time some of the water front property owners started building sand boxes. It had the effect of keeping inside lots owners off of that particular beach, and complaints began to arise. All those property owners on Balboa Island help maintain that property and we feel that we have a better right to the beaches than do.:. the outsiders. Consgquently, I believe the request of the .Lido Isle Club is justified. N. B. ABRAMS: I am a property owner on Lido Isle. I own an inside lot, and am heartily in favor of the Council acting favorably on this lease. -4- a� sr COUNCILMAN GORDON: (Addressing J.A. Beek) Do you think the people on Balboa Island would be in favor of forming such a club as the Lido Isle Club? J. A. BEEK• I am afraid it is a bit late for that now. We are pretty well built up there now - only a few vacant lots remain and most everything is sold out. H. W. SEALER: I appreciate thoroughly the position that the property owners on Lido Isle have taken. I can see merit on the proposal. But to me I think there has been merit in each and every utterance I have heard tonight. We do owe some- thing to the general public. We spend the taxpayers money in advertising our harbor. There should be some proper and certainly legal method of haihd.ling this situation, and I believe to the satisfaction of all concerned. The state law provides that any city situated as our city is, may make a land use plan. (Quotes passage from law book). Through some plan worked out - say by the Planning Commission we can satisfy the peninsula - give Balboa Island what they want - and other sections. DICK RICHARDS: I am a property ormer on Lido Isle. If I were to consider the testimony given here tonight, I would certainly cast my vote in favor of Lido Isle. V. E. BRITTON: We are not being unreasonable in asking for this lease. We arehonstantly being annoyed by the outsiders who:come down from Riverside, Anaheim, Fullerton, etc. Parties go on every night during the summer, and people who have to sleep just can't do it. When you consider it, we are asking for only 15 lots for 41,000 people, and this is not very much. ROBERT ALLEN: I live on Balboa Island. We experience the same things which have been expressed here tonight. I am in sympathy with the - idea and believe Lido Isle should have their lease renewed. 0. Z. ROBERTSON: I am in favor of the Lido Isle lease. They are merely trying to protect the property that they halp maintain. . MppODD: I am a property ormer on Balboa Island, and am heartily in Tabor of the Council giving the Lido Isle Club their lease. -5- e F DICK ROGERS: I am afraid most of you people are water front owners. You know there are some inside lot owners too, and we as well have spent money to improve this harbor. I have been here 22 years. In the course of that time these people would never have come here had it not been that we spent that money to build the bay up and bring the public here. We wanted them then. And now that we have them we have to try to keep them coming. If things are being dau}aged, then build a fence around your property, and if it is necessary police it. The city should take care of that end of it. I don't think it is fair to close up the streets to satis- fy those few on the water front. E. S. MORROW: I am a bay front property owner, inside lot owner, and also owner property on the ocean front, so I am interested all the way around. One simply cantt protect their pier, boat or anything as long as the crowds are here. They come in from every place. We do not want to maintain a playground for the outside people. One cannot even walk down the side- walk in the summer time. ATTORNEY THOMPSON: It is very difficult to police private property. There is no law which.provides that outsiders cannot trespass on private property unless a fence surrounds the property. Therefore, the city cannot enforce it. P. A. PALMER: There has been considerable misunderstanding among you here. In the first place, let me tell you about "street ends ". Those are not street ends, and the original subdivision of Lido Isle shows that certain lots were deeded to the city, and they were in turn leased to the Lido Isle Community Club, in order that certain, or rather all, inside lot owners might have a means of reaching the bay. The original lease was for 50 years - that is, 25 years with option to lease for another 25 years. These spaces are lettered lots on the bay front, and are not street ends. There is, I believe, only one street end on the entire isle. That original lease called for a yearly payment of 151.000. This request for renewal of the lease asked that we pay $750.00 per year, but the Lido Isle Assoc. would maintain these sections, which were estimated to cost between $1,500 to $2,000 per year for maintenance. Since the club has been organized, they have put in $1,220,000 of public improvements, which the people on Lido Isle paid for. Then the subdividers of Lido Isle fell upon evil days and were not able to put money in the hands of the Lido Isle Association, so it in turn could not pay rental on this lease. Now, Lido Isle has been re- vitalized, taken a new lease on life, and it i� prepared and offers a very substantial sum of money in order to reinstate that lease, and by terms less favorable to it than the original lease. This is not an abandonment of street ends, -6- 1 . I as there were no street ends. This lease will tend to increase assessed valuations on the property. On the other hand, we still have ample property for the use of the general public. The city owns 20000 feet on the Coast Highway, which is very desirable. The city also controls the camp ground. So we are not attempting to deprive any other property owner of any rights. Un- fortunately, the law is that we cannot police private property, so this will mean some protection to our taxpayers on Lido Isle. I realize every section of town has it's problems, and it seems to me that there must be some solution for them all. But I am interested only, of course,in Lido Isle. It is up th these other districts to work out their own problems, as we are trying to do on Lido Isle. A petition isnow in the hands of the City Council signed by 1,091 owners out of a total of 1,214 on Lido Isle. So you see, it is over 90%, and those people ask you for this lease. We are willing to give you a very fair rental, betides maintenance, which as I stated is between $1,500 and $2,000 per year. This lease. benefits every property, and injures no one. Gentlemen, we ask your consideration in this matter. (At this point Attorney Thompson made it clear that it was impossible for the city to police private property, and also that the city cannot enforce nor clean up any private property which has been damaged by the public.) COUNCILMAN GORDON: One question arises in my mind. If the City Council accepts this lease at this time, we may be getting into something which will have a harmful effect on the city and a problem which the future Council will have difficulty in solving. We cannot say now what conditions will exist here fine or ten years hence. We cannot know what the property owners will request then and whether the city will be able to give them what they want if we have such a lease in effect. In my estimation a 25 year lease is very bad business. My suggestion is that we give the 25 year lease, but with the option to withdraw the lease on a year's notice to the Lido Isle Club Association. P. A. PALMER: That, I'm afraid, just won't dog For this reason. Can we sell a home site to a man,say from Riverside, at this time, with the understanding that he will be protected by this lease, then in a year or two, or perhaps ten years, suddenly advise him that the Council has revoked this lease and he is no longer protected? Can we take back from him all that we had promised at the time of the purchase of the property? That, you know, is not good business, and we could not con- sider that plan. In this case, the future will take of it- self if we are protected by this lease. All the property ownfr$ here axle willing to enter into that lease, and it is cer ain y a fa r deal to the city. OFFICERS AND DIRECTORS WESLEY L. NMTEN. JR. PRESIDENT Y. E. MITTON VICEPRESIOEM R. L. PaTERSON SECRETIU TR"W9 - A. MEYER RIRMOR W. P. MIMIS WREUM P. A. PALMER .. M..' ' LIDO I;)LE COMMUNITY ASSOCIATION —YNon -Prof! oboperative Orgamwaht of�'!T Lido /s /o.Pri�peT'/v 0wneY� November 21, 1938 BOARD Q TRUSTEES, City of Newport Beach, Newport Beach, California Gentlemen: We herewith submit for your approval a lease on the tide- lands, submerged lands, swamp and overflow lands and abutting uplands adjacent to or a part of Lido Isle and specifically described in the lease itself. The lease herewith submitted has been changed in the two following particulars in accordance with your requirements. In all other respects it is the some as the suggested lease sub- mitted with our letter of November 4, 1938. The lease is for a term of 25 years at a rental of $750.00 per year instead of $1000.00 per year. We agree to maintain the -piers and floats as an off-set to the change in annual rental. We are prepared to proceel- wish the abandonment of certain dedicated easements, wallas and one street adjoining and actually a part of the °abutting uplands" described in the lease as men- tioned in our letter of November 4th. We ask that you advise us the steps required to conclude these vacation proceedings. The two changes noted have been approved and authorized by our Directors. Cur check for $750.00, the first year's rental for the period from November 21, 1938 to November 20, 1939, is enclosed. PAP IOG Encs. Very truly yours, LIDO ISLE COMLNITY ASSOC P. A. Assistant LIDO ISLE NEWPORT BEACH. CALIFORNIA TELEPHONE: NEWPORT 77 _ LIDO ISLE COMMUNITY ASSOCIATION �/ Yon -Prof! L'ooperofive Oryanizalron of1 Lv?Ja Isle pm Owners OFFICERS AND DIRECTORS WESLEY L. NU1iEN. JR. V. E. BRITTON � ICEPRERIp EMT ' R. L PATTERSON SEC P Fi.1flr.T gFASU P ER ��y�� S. A METER DiRul. W, A. WILGUS pIPECTOP — November 21; 1936 Y. A. PALMER fl 55i. SEC. TRUE. BOARD OF TRUSTEES, City of Newport Beach, Newport Beach, California Centlenen: Herewith are two petitions, both on the same subject, i. e. the statement of - property owners on Lido Isle voicing their approval of the beach lease about to be consummated with you. We have only had "cur days in which to contact owners and at this time of year, Owners do not cone down here as regularly as during the Sumner. Nevertheless, there are forty -six owners of forty -six and one -half lots, who have signed the petition. Very truly yours, LIDO ISLE C0:':UUNITY AS P. A. Asslstza 'PAP' C G Encs. LIDO ISLE NEWPORT BEACH. CALIFORNIA. TELEPHONE: NEWPORT ]]6 0.11 MUSTF,?PS, OF F-',,-7MORT B',; ACH, 7 N.-M 7 ",- PORT I31ACII, CALIFORITIA. GENTLRAEF: Rovembor 21, 1Q75. V,7, THE MDERSIRED, each an owner of the Lot on L16o 10n opt onjosito o respective names, hereby nske the :fn loving representati=! to yo": 1. Ue are ench of uq, in common with A31 the rroporty onnerg an Ti.(Io Isle, Ne3Tbcrc,. of the 1,16.o IoIs Comnn,nity Association- 2. We nrp rnmilinr with the offer which our Association has gode to 700 to leans all 0P the Renck on Lido Isle to our Association. 1. We favor this lease P& trust Vot 7ou -ill qP0 fit to accert our Ionic Prononal. -j Respectfully Submittej, AMESS 11,3 11,4 "(�-o /",70 /Y z? c /Cp LOT TITO. � IP2. ss � 1 uw 51 �5 6S3U�w DT PTO. ��Js vy / 1 10 �9 a6 �iGtS-G - de.l -3o(, -� i -- J 37 L /Z� l i�41 BOARD OF TRUSTEES, CITY OF NEWPORT BEACH, NEWPORT BEACH, CALIFORNIA. GE[JTLE1,1EIT: November 21, 1938. WE, THE UNDERSIGTED, each an owner of the Lot on Lido Isle set opposite our respective names, hereby make the following representations to ysu I 1. We are each of us, in common wit all the property owners on Lido Isle, Members of the Lido Isle Comr:iunity Association. 2. We are familiar with the offer which obis Association has made to you to lease all of the Beach on Lido Isle to our Association. 3. We favor this lease and. trust that you will see fit to accept our lease nroposa.l. NAT :1E jp� wl�/ Respectfully submitted, OADDRESS �" -'«tJ �OluOZ. 2nd d�3 /S %'j �'4-VI .410o Sala .31 IL 17d�� LIDO• In-E COMIMINITY ��,iSOCIATION Mon- Profit Z'oopera.rbe 64mnowon go& Lri1a /sle Roped, Owners OFFICERS AND DIRECTORS WESLEY L. NUTTEN, JR. PRF519EM V.E. BRITiON YIMPRESIDENT R. L. PRTTERSON SECRETPRYTREA SDBER A. NEAR DiRMM W. A. WIMUS BIREROR P. A. PALNER "M SEC: TREAE. BOARD O x TRUSTEES, City of Newport Beach, )'.ewDort Beach, California. Gentlemen: November Ath, 1238. We hereby make spolicatiol to the City of FeAport Beach for a _case an all the t__ela._ds, submerged lands swamp and over and lands nd a'nutting uplands situated __ the City ofLLYewport B each, County Of Orange, State _ California, specifically described in suggested lease submitted herewith upon the following arms and con - 0 Lions. The areas described are to be leased to this Association for a period of twenty -five years, we to pay a rental of $1,000.00 per year, the lease to terminate at any time that we fail to pay one annual rental in advance. Concurrently, or at the earliest possible date, we will anply for the abandonment of certain dedicated - easements, walks and O e street adjoining and actually a part of the vabutting upianlsli described in the lease. Upon � the , ., ac�ion,cn _� _art o` Yourselves abandoning these easements, walks and one street, these parcels are to be covered by ;,nd included in the lease submitted herewith. This application for lease is made by this Association, which Association, for your information, includes in its embershi -p all of the owners of t'>_,e property on Lido isle and no _. _ of =- 'he application to YOU for the lease _as been authorized f2vro ri �� _ ate resolution of the Directors of this Association at a meeting held 1-„vember 2, 1938 x. Very truly yours, TAP: LIDO 1 '.H Assl LI00 ISLE NEWPORT BEACH. CALIFORNIA TELEPHONE: NEWPORT ]]6 1 '71 _ , : %-4 1 ) I t -O " -- - I I - -, 1M, r, to 0 'N' P 0 il � -'- - I --m-Int to --t�tz �, t..) -, =, , 6�,v [:",ZL)SP:= to SP -,,mly of ra=xd. �,Cuopto�l L71 Juznl�,a Clltj C:, dose =.z i-jo sz=, aocd that the 7 7�Lmk�az ch= 'mao Lmoa of :It. UZGi>a AZ- Ia Tlmii t le, 25,* �n- 7. the -�, 0, -, ? 4 � 7 - � � '- -! �� , 2 �� L!=,� 1_1 , a,e, 40� invul�-Za and C:, dose =.z i-jo sz=, aocd that the 7 7�Lmk�az ch= 'mao Lmoa of :It. UZGi>a AZ- Ia Tlmii t eye !=Vorcd b-,;- io=o 0, ��Zdl 414 �L u to �m LIC13 tk!e city Oor t3b�o "CX-�el's Of 27 so IG P I orl 2; '-C -a, a but rna� I orl 2; '-C -a, a but rna� but rna� P`0 VT - z comp =F vi? tho alt :'cach d4ltcd 'A=lo Ila; ICL270 aro, ti�;'Cmup-ti. �'.nuncu�. o� _...,..'W une lr'd t.�i?J dodli7.utlora 02 r_�-azmntn for vu -Ila ut'_21—�' Ohio= an p 0� T-y"mot 00• Dood of CmxlYmtl= Ma:Q6 d- c I�'W L joo:. wiv rmco 3_ pfi'Ia ow Z-',. De'?dl of !'w StL-ect fnma T:�tlo L-1ww =- co Ra-=re'm of Tplo ,-4 to �Mtl= *7 =C. In Or-TIP '2ps _- _r , !al 1 Znxi=", e =na -T:mzot Ca=2z - =", t o me ty of !,� p� Beach dated ji. !M9 and accoptvd tr to iler- 1- y I 2,m - R W� j=e- 1.00 1,7MV2 Coo -,-era p- �elz A'v DO a and D;, w�b2ch pnozilos ror :«:.so ckrastvuatlann nina,-urs nl=-s- = ��'he 3 y' a� - -1 E j _: �":o 0�� L� o lzle. �-_oo—zdod 1'jZQ ln TulacEr zc-lls pa�::o !Up Offfll-�Im! 'RfaoonaX of C�rLn'�7T& - 7* Cozit 101w1�1-= Dood Oated �Iwlo V`'-J�S f� t-'-�aTltle �Zn 'yZd' Tzn)ct� W t�,'-O :lY Of 4'27;-Pcu' '2 -T '' n Clt-y coun-ou on A, 'h LLlrjo zm i a:n l,-_n_dZ on t -3 no- s 2=" 'Slo c_- _'Iala. 2_%-�'2. waz So- t.na rotty Col=ail of 0*11x�o lo LI, o--t- 'al coz� o f A 0 arid D- h .71 T V v Ra-=re'm of Tplo ,-4 to �Mtl= *7 =C. In Or-TIP '2ps _- _r , !al 1 Znxi=", e =na -T:mzot Ca=2z - =", t o me ty of !,� p� Beach dated ji. !M9 and accoptvd tr to iler- 1- y I 2,m - R W� j=e- 1.00 1,7MV2 Coo -,-era p- �elz A'v DO a and D;, w�b2ch pnozilos ror :«:.so ckrastvuatlann nina,-urs nl=-s- = ��'he 3 y' a� - -1 E j _: �":o 0�� L� o lzle. �-_oo—zdod 1'jZQ ln TulacEr zc-lls pa�::o !Up Offfll-�Im! 'RfaoonaX of C�rLn'�7T& - 7* Cozit 101w1�1-= Dood Oated �Iwlo V`'-J�S f� t-'-�aTltle �Zn 'yZd' Tzn)ct� W t�,'-O :lY Of 4'27;-Pcu' '2 -T '' n Clt-y coun-ou on A, 'h LLlrjo zm i a:n l,-_n_dZ on t -3 no- s 2=" 'Slo c_- _'Iala. 2_%-�'2. waz So- ry .5i_ LI, o--t- 'al coz� o f n- h ry .5i_ 't . , It" Corporation Mont t Deed dated -_ nth day of 2 Ja= : a. J 7 1929I frog the TIT. __- _- ___ M__. _ 3 corporation, to CITY the -�. q. .u• Y.JPi. L..._.D. a. __ __... n`Ll ��..: �CCr ?— Co 4 ion, granting to said City of Newport Beach all that certain from the ninutec of the City Cnincl! of the CM 5 real property situate in the County of Orange, State of 6 California., and more partic_:larly described as follows- to —°;it. 7 Lots GI B, 0, D, E, Fe G, H, 1, it K, L, .r, a, 0, P, in Tract No, 907, in the City of Nesport Beach, 8 Orange County, California, being a subdivision of a portion of Parkinson island, lying within the boundaries 9 ! of Sections 27, 28, 33 and 34, and Lets 3 and 6, of said Section 28, all in Township 6 South, Range 10 West, 10 S. B. B. & ?c. , known as LIDO ISLE, Newport Bay. 11 SUBJECT to easements, conditions, restrictions and rights— of —,ay of record. 12 SUBJECT also to any unpaid taxes for the fiscal 13 it year 1928-1929 , 14 i; was uresented to the City Council of the City of :ei't-Oort Beach, 15 ! California. 16 WHEREUPON, Councilman made a motion, duly seconded by Councilman. 18 and carried, that said Corporation Grant Deed be accer_'ted by i r; 19 said City of Newport Beach, and the Clerk instructed to record 20 'j the same forthwith with the County Recorder of the County of 21 Orange, Stag of California. I 22 That said motion was carried by the following vote, 23 . tC— i 24 '.' A s , 25 i 26 row, COMILLEN- 28 I _.reby certify _ :e foregoing to be ._ true gxtrTct ' 2r from the ninutec of the City Cnincl! of the CM Df 077art EeacW 3G F7 a -. _ ..._et__g M_ . - _ell an 1. (SEAL) ATTEST �. 704 ,. .. _ he Ci 0 -. See Contract File for a Map of the Lido Mainland The Smaller Portion of Tract No. 907 .._ ... m Tm '.T ii ni ?n-a, %I_D nrgTsn CV 'U "V a corporation organized under the laws of the State of California, with its prin.--.-al place of business at...... L. os...=, ngeles.,---. C. a1i. f. ornia,._._.._._ ............... ... ................... _..._-- -._..... .... . in consideration of ....... ..._---. e._--- o_ n ... TE11... ............. ......... ---- ....__.- DOLLARS to it in hand paid, receipt of which is hereby acknowledged, does hereby Orant to CITY OF N :"SPORT BEACH, a 1,111nicipal Corporation, thereal property in the .............. ....--- ------------------ ...................... ............ . ------------------------------------- ---------------_------.--- ran Count-- of g State of California, described as Lots A, B, C, D, I, F, G, E, I, J, K, L, L'I, 11, 0, P, in Tract Yo. 907, in the City of Fewport Beach, Orange County, California, being a subdivision of a portion of Parkinson Island, lying within the boundaries of Sections 27, 28, 33 and 34, and Lots 3 and 6, of said Section 28, all in To%mship 6 South, Range 10 5;est, S. B. B. & d., known as LIDO ISLE, 11 ' e wport Bay. SUBJECT To easements, conditions, restrictions and rights - of -.-ray of record. SUBJECT, ALSO, To any unpaid taxes for the fiscal year 1928 -29. C1 3� be dllb tO t)Olb to said grantee...., ... i.tn_........._r1'damzst' PL; 2,^' ... ..................._........... su,cc:essors.._.or.._ ,s,i,gns. IN tiVITNESS NVHEREOF, said Corporation has caused its corporate name and seal to be afti.xcd hereto and this instrument to be executed by its .............. -- 'z2-* t• _..cl.- .�i�s�st2n.. i i.Yf -- .... < J ti 1 ri m Cti N � -R'iL 1 •c-!� tJCttJCJ Pa N N w '"NWL3 c ;T"t ,N 0 ai Lo H c744 0000 o CJ +• U O sd dw D++4� NL9 m 1 S-1 Sl 4 a :61 0b- a3 .H •U 'd in A U C- nj � N Fa i7 bA aLlu cu ✓ qy W\ FA b tU R H .1 ++ W C ►: O 4� cp U0 47U W FW P.p -A ♦, U 'ES'. dovc 14 cj os�Nf H S� 00 n O cc U N 44 rt U d H Xrd Ca C N Co S', •ra 4 C W Fa ri +� 1^ Q•+ p cd 4J Q -H 4- rt C r p N U 5ti: k3 w Lu tJ tC H r-a CD N Wv4D M 4a m ca C r•4 .0 �� U U V +3 vi 0 43 'U O .a a d jy 0 4 ti Lj j i.¢ +'oc±mw 4> 0 4-C. � t0a9,c °C h roa� co HG7 .nr •N O W U ea . ' o C) o a, :-I �j s; 0. Q. w.ir' c 0-4+a o CD ci 4j 0 HW CH CD A,w C c: 4i U.0 `W U1` J G O tD C3 m 4t c - {ll and U`= - F? C� �:� : Ci V d 4J p WU0 C:C0.:J �,_ j:: co 0O U c1 a at .- -ft - -- 4 QI 99 t CD l y (If -A 64 H [. \a. .. . ri m Cti N � -R'iL 1 •c-!� tJCttJCJ Pa N N w '"NWL3 YaEe ofaiifor: :.= 55 Countn of tag 2neeiss i On this ........... i _c= of...........Jrra any ......._.., 19" before n1e, t ................ ............................... a Notary Public in and for . =.aid County, personally _' -.eared .... _.. _ ........... ............................... known to me to be :......'dine... - ..President, and i s +- knovcn to me to be t. :_...r.SS,.:.�.3;.I...Secretary of the corporation that executed the within and foregoing instrument, and known to me to he the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IVtttte55 ma hand and official seal. b (D G I i N s: as rt ro tl _ n a r' od 'J V P �M O b (D G I i N the Co•.tnty of Los Angeles, State of California. s: ai tl _ n P O _ o the Co•.tnty of Los Angeles, State of California. r s: ai n P r n P O o b o..