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HomeMy WebLinkAbout15 - Hoag Memorial Hospital - Development Agreement Annual Compliance Review - CorrespondenceAPR -26 -2010 MON 02:18 PM JDT &P IRVINE sec FAX NO. 9497520697 Jackson I DeMancol Tidus Peckenpaugh A L A W C O R P O R A T I O N 2030 Main Street, Suite 1200 Irvine, California 92614 tel 949.752.8585 fax 949.752.0597 www.jdtplaw.com FAX COVER MEMO PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE Date: April 26, 2010 TO: Name: City Council Company: City of Newport Beach Fax Number. (949) 644-3039 Phone Number. (949) 644-3005 Number of pages, including this page: 4 PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY. Please call 949.752.8585 and ask for the Fax Center FROM: Name: File No: Client: Matter. Michele A. Staples 6014/46474 COMMENTS: Please inote, this letter is being submitted for your oonsideration In connection with Hoag Memorial Hospital Presbyterian's Development Agreement Annual Review, Item 15 on the City Council's April 27, 2010 Agenda. P. 01 CAUTICIM CONFIDENTIALI THE DOCUMENT BEING TRANSMITTED TO YOU MAY CONTAIN INFORMATION PROTECTED BY THE ATTORNEY- CUENTNVORK PRODUCT PRIVILEGES. R Is Intended for the person to wham It is addressed. If you are not the Intended recipient or an auCarized agent, then We Is no&* to you that dlseemination, distribution or oopying of this document is prohibited. K tNs was reeetved In error, Please cal us at once and destroy this doaxnwt. APR -26 -2010 MON 02:19 PM JDT &P IRVINE sec FAX NO. 9497520597 P. 02 Jackson I DeMarcoI pst EIS /ED P�eckenpaugh2010 A ?R PM 2-- 30 A LAW CORPORATION FCEOF April 26, 2010 oirect DiaCp THE Email: mstap 1C�Iaw oom Reply to: Wine Office File No: 6014146474 VIA FACSIMILE AND OVERNIGHT MALT. City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Hoag Memorial Hospital Presbyterian; Development Agreement Annual Compliance Review (Item 15 on April 21, Z010, City Council Agenda) Dear Honorable Mayor and Members of the City Council: We represent Villa Balboa Community Association ("Villa Balboa "). The following comments are submitted for your consideration in connection with Hoag Memorial Hospital Presbyterian's ( "Hoag' Development Agreement Annual Review, Item 15 on the City Council's April 27, 2010, agenda. We request that these comments be included in the administrative record for this agenda item. As discussed below, we also request that the City Council continue its Annual Review to another Council meeting within sixty (60) days to review the progress of the window replacement program. Hoag is obligated under its Master Plan Update and Mitigation Measure PDF 3.41, as modified by Hoag's settlement agreement with Villa Balboa, to provide a window replacement program for eighteen (18) units located on Cagney Lane in Villa Balboa, as summarized on pages 3-4 of the staff report. The program requires Hoag to replace windows, sliding glass doors, and interior and exterior stucco, trim and paint Tepair, in the 18 units. Hoag is financially responsible for implementing the program (pursuant to the City's reconciliation of bids), as well as the cost of a performance bond, administrative fees, and a contingency fund. The program was supposed to be implemented by March 2009. Villa Balboa and Hoag provided the City with their respective bid proposals for the window replacement program. The City subsequently issued a proposed bid reconciliation on December 8, 2009 (enclosed for your reference). Villa Balboa notified the City on December 17, 2009, that it agrees with the City's proposed bid reconciliation, and sent a confirming letter to this effect on January 11, 2010. Villa Balboa later conducted asbestos testing as required by the City's reconciliation. The testing revealed that asbestos is not of concern in connection with Hoag's window replacement program. As of the date of this letter, Hoag has not approved the City's proposed bid reconciliation. Villa Balboa understands that Hoag's failure to approve the City's bid reconciliation is the only remaining issue precluding implementation of the window replacement program. Villa Balboa requests that Hoag confirm its approval to the City and Villa Balboa as Irvine I tnAne, Calif � 92 1452 1200 2815 I �� �' CallfMOn9136L I www.ldlylaw.mm O W z N APR -26 -2010 MON 0219 PI1 JDT&P IRVINE sec FAX NO. 9497520597 P. 03 City Council City of Newport Beach April 26, 2010 Page 2 soon as possible so that Villa Balboa may notify the affected homeowners as necessary to confirm which units will be participating in the program. Hoag would then provide the required deposits as necessary for the window replacement program to proceed. Villa Balboa requests that the City Council continue its Annual Compliance Review to a Council meeting within 60 days after the April 27 meeting in order to ensure Hoag's approval of the City's bid reconciliation and compliance with this important component of its Master Plan Update's mitigation obligations. Thank you for the opportunity to provide comments on this important issue affecting the Villa Balboa community and its residents. Please contact me at the above number if you have any questions. r' i Michele A. Staples Enclosure: City's December 8, 2009, bid reconciliation co: David Lapo, Planning Director, City of Newport Beach (via e-mail, w/ Encl.) James Campbell, Principal Planner, City of Newport Beach (via e-mail, w/ Encl.) Dennis O'Neil, Bsq., Attorney for Hoag (via a -mail, w/ Encl.) 955=3 APR -26 -2010 MON 02:19 PN JDT &P IRVINE sec FAX N0. 9497520597 P. 04 Hoag Window Replacement Program Tentative Cost Estimate Full scope -18 units pans /deck repair asbestos testing plans permits subtotal 10% administrative fee 204 refundable contingency Total $ 388,355 $ (13,400) $ 1,000 $ 2,500 $ 5,500 $ 383,955 $ 38,396 $ 76,791 $ 499,142 Notes: 1 Full scope per American Vislon estimate facllime August 2009 and Includes per unit estimate plus sloped windows, scaffolding and galvanized steel pans. 2. Estimates are subject to change based upon final measurements and walk thru by the contractor. 3. Administrative fee and contingency based upon Hoag/Va settlement agreement. 4. Veriflcation of window /doors ability to meet STC 37 to be submitted Page 2 12/08/2009 Meeting with City of Newport Beach re: moos Hospital April 2 Yo 2010 My name is Mary Mtrepenles and 1 live at 180 Cagnsy Lane ie Newport Beach* to 1 have been a Villa Balboa Resident sines 1981 -- -prier to Hoag Hospitors purchase of the Lower Compuus property. There are many VB residents who lived here when the property was owned by Cal Trans prior to Heap Hospitals purchase. 1. For doss to 10 roan, 1 have boon at 11 amg ling to get Hoag Hospital to beaver their agrsshnsnt with the City of Newport Boach, (1 have attached a copy of the section of the City agreement regarding height of trees.) A number of VIN residents were here at that tinge and participated in the discussions regarding the Mean Cancer Center. We know what was said, what was promised and what was negotiated regarding Building heights and Tree beyhO6 3. In 10069 after many years and hundreds of e- mails, phone calls, letters regarding tree heights and view obstructiee. 1 contacted the Orange County Register who published an article regarding Hoag hospital and my oflerts to preserve both private and public views. (Copy sttackhN) 4. As a resnk of that article and only because of the negative publicity, Hoag agreed to reunueve a number of trees which were obstructing viewj4 with the pronnise of working with us to work out a solution. S. However, today* ,% years later, numerous trees SUN remain wbieh are not only blocking private views but public views from Sunset View Parh which borders the entire length of VN property and the Moan Lower Canopus. 6. THE ISSOE IS NOT HOW MANY TREES HAVE BEEN REMOVED OR TRIMMED9 IT IS THE FACT THAT HOAG PLANTED THESE TREES VMICH WERE AND ARE IN VIOLATION OF THE CITY AGREEMENT. AMD REi0111E TO REMOVE THEM. 7. 1 have selected just a small portion of correspondence dating as far back as 1990 to the present. In the early rears, before the PR Office. Vol residents worked with T great Mean employees, Greg Simpson (EnglneeAng)q who promptly addressed the trimming of trees, and Sherry Sumnor, who worked tirelessly wtfi VS residents in Community Relations to listen to us and alleviate our concerus. We miss them greatly. The ow espoudence attached is mainly between Noag PR ofMee regarding trees, construction noise and using the back entrance of the Cancer Cuter as a Leading Dock (See attached photo 01). which is aloe a violation of the city agreement. g. 1 am asking you, the City of Newport Beach to please take On time to review these documents. 1 have an entire file box *ram 19" to the present also available for your review. 9. INS TIM& HOAG HOSPITAL, FOR YOU TO ABIDE BY THE CITY AGREEMENT. 1 am requesting that a City Representative and you Dr. Afsble walk wtth me along Sunset View Park (a Public Park) and see that the PUBLIC VIEW OF NEWPORT MAY IS SLOWLY DISAPPEARING BECAUSE OF HOAG TREES. (See Photo #Z) 1 O. Nowever, you+" have to watt for 4 nwnths, because Hoag has put up a chain -link farce covered with green awning with large holes in the center to "mitigate the dust" per a requirement of the Ceastal commission while they landscape the hillside, There was absolutely no notice given to Vd residents who are GREATLY Impacted by this. (Soo Preto 03) Less than 1 weeks prier to the femme being constructed, a Hoag representative attended a Willa Balboa meeting to give a HOAG UPDATE. Sbe was asked directly, if there was any new activity teldog place on the lower caunpus that would impact Villa Balboa residents. She clearly stated. NO — less thaw Z weeks later we have a fence with TOTAL VIEW BLOCKAGE ALONG THREE QUARTERS OF SUNSET VIEW PARKS far At mouths at the most beautiful time of year. This is just one NhustratNw of what has occurred between Hoag and Villa Balboa residents over the years. Do 1 dare mention the travesty of the Cogan Plant! It's tine, Hoag Hospital to hewer your agroonm and for you, the city of Newport Beach to enforce It. Thank yon • 1 (1 N.6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT REZONING THE PROPERTY COMMONLY KNOWN AS HOAG MEMORIAL HOSPITAL PRESBYTERIAN FROM THE A-P -H AND THE U DISTRICTS TO THE P-C (PLANNED COMMUNITY) DISTRICT, AMENDING CHAPTER 20.02 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE THE HEIGHT LIMITATION ZONES MAP AND THE LEGAL DESCRIPTION OF THE 26/35 FOOT HEIGHT LIMITATION DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR HOAG HOSPITAL (PLANNING COMMISSION AMENDM G NO, 744) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The subject property is the following real property in the City of Newport Beach, County of Change, State of California: Parcel 1: That portion of Lots 169 and Lot 172 in Block 1 of Irvine recorded in Book 1, Page 88 of Orange County, California Parcel 2: 170 in Block 2 and a portion of Subdivision, as shown on a map of Miscellaneous Maps, Records That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. as shown In the attached Exhibit "A" and hereinafter referred to as "Property". Title 20 of the Newport Beach Municipal Code is hereby amended to rezone all of the above described Property from the A -P -H and U Districts to, the Planned Community (P-C) District, designate said Property as the Hoag Memorial Hospital Presbyterian Planned Community. VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A. Gene 1. Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the Planning and Parks, Beaches and Recreation Departments and approved by the Public Work Departments prior to issuance of a building permit • and installed prior to issuance of Certificate of Use and Occupancy. The Landscape Plan may include a concept for the roofs and the parking structures. Trees shall not be used, but a planter box or trellis system tiC shall be designed to provide visual relief of parking structures. All 'l landscaping shall conform to the building height limits established in this text. 2. Par" lot trees sbaU be no less than fifteen (15) gallon size. 3. Shrubs to be planted in containers shall not be less than one (1) gallon size. Ground covers will be planted from (1) gallon containers or from root cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed that damage to trees, irrigation units and shrubs is avoided 6. Trees in parking lots should be limited in variety. Selection should be • repeated to give continuity. Regular spacing is not required and irregular groupings may add interest. Care should be exercised to allow plants to grow and maintain their ultimate size without restriction. 7. Heavy emphasis shall be placed on the use of drought - resistant native and naturalized vegetation and the use of an irrigation system designed to avoid surface runoff and over- watering. B. Maintenance 1. All planting areas are to be kept free of weeds and debris. 2. Lawn and ground covers are to be kept trimmed and /or mowed regularly. M" as, im 24 M109soft Outlook Web Acceu . Reply 1 Reply to all Forward From: To: Cc: Subject: Attachments: Petropoulos, Mary Philip Bias Close Help 11/29/2006 02:56 Pk Sent: Wed 11/2912006 2:42 PM sstameson@aol.com; challstead@aol.com; McMu1lin949 @aol.com; gloquirk@aol.com; prrnas@netzero.com; nmknight @sbcglobal.cet; cooper @villageway.com �3ya,e D RE Hoag Hospital Agreement Regarding Trees U Zt 1 �r Il OJT I Great, Sam!! That's what 1 have been looking for. Thanks much. Mary l? ----- Original Message---- - From: Philip Bias l 1 Sent: Wed 11/29/2006 11:29 AM To: SStameson@aol.com, Challstead @aol.eom; Petropoulos, Mary Cc: McMullin9490aol.com; Gloquirk @aol.com; prmas@netzero.net; nmknight@sbeglobal.net; cooper @villageway.com Subject: Re: Hoag Hospital Agreement Regarding Trees Bingo..you got it, this is the PC text that 1 referred to , and it appears that maximum tree height is governed by the same "imaginary height planes' that were formulated for buildings. >From: SStameson@ad.com >To: Challstead@aol.com, mpetropoulos@coasdine.edu >CC: McMullin949 @ad.com, philip_bias@msn.com, Gloquirk@ad.com, >pmras@nemero.net, nmknight@sbcglobal.net, cooper @villageway.com > Subject: Re: Hoag Hospital Agreement Regarding Trees >Date: Wed, 29 Nov 2006 14:21:38 EST >Carieen, >I just read some of the a -mails going back and forth regarding tree heights >in the Hoag Hospital lower campus development. >In reviewing an old copy of the HOAG MEMORIAL HOSPITAL PRESBYTFRIAN >Planned Community Development Criteria and District regulations' adopted by >the City >Council City of Newport Beach, Ordinance No. 92 -3 may 26, 1992, 1 found >the >fol lowing: >Section Vlll HOAG HOSPITAL IANDSCAPE REGULATIONS page 24, last sentence >Of >first paragraph states: > ....... All landscaping shall conform to the building height limits >established in this text" > >t interpret this to mean that no tree can exceed the height of the >buildings! Am 1 correct? hasps:lIma.cwstilm.edu /exchange/ Page 1 of 2 Mitrpsoft Outlook Web Access >Hope this sheds some light on the controversy >Sam 11/29/2006 02:66 VM Mips: / /owa.coastllne.edu /exchange/ page 2 of 2 Fighting for ocean view I ioag Cancer Center trees obstruct the scenery for residents of a Newport Beach complex. One neighbor has been asking the hospital to do something for 20 years: Illy MITAE PINAM1 THE ORANGE COUNTY REGISTER NEWPORT !EACH • On a clear .tae, Villa Balboa resident SIR- Petropoulos could see New- port Harbor..knd then Hoag hbpitsF expanded. Petropoulos and other real - dents of the 4119 -unit condo complex have tried to get the hospital to maintain heights on its trees that block their her - bar views, since the Hoag Can- cer Center was proposed in ius& For Petropoulos, it has been a nearly 20 -year behind -the- sceRw battle trying to get Hoag Memorial Preabyteress Hospital to do something :bout the palm trees that block her view of the harbm: In the past month, a commit - iee made up of members of the Villa Balboa board of directors .,ad some residents have dis- cussed the trees, with Govern- Inert Solutions Inc., a rims rep - rewrting the hospital. The oonunittee plane to meet with Government Solutions in Ja- nuary to resolve the issue. Gave nmei Solutions con- sultant .Oro eeDermo said one alternative Hoag is consid- nng is remoyin a alm i titseS andTaliimic them -t t ,n•v tare orter. �E br 1982, Petropoulos moved ,rom Huntington Beach to Newport Beach on the promise ,,fa `spectacular view. 'rhe land •'here the cancer center .sits ,vas owned by Caltrans and ,vas sold to Hoag Hospital in 1964. wme of the homeowners, including IS•tropoulos, now 64 ..lad a retired college professor. .:red many concerns, including lie effect W Hong landscaping at it* rosetecl view of New- , Ill Harbor .titer the con - .0 Ic tionwas,nmptate. The Career Cent. -r opened a P,eNI. and city laws rt•gard. ng Hoax s lower campus were •Ivn,d by City Council in 1992 .unsung OEe laws is one that n' +-rev t r,H-s cannot tie taller a:al the bn:.ding, fall at the I:nicer i',nter, most at the i•. ,.n,' drown Lillt9" hen Nee r AM- MARK RIGHTMIA6 THE REGISTER NEIONSOMS- P[R1P[CTI9at Mary Petropoulos looks at the obstructed view from the P010 of her Newport beach home. OHRTESY MARY PETROPOULOS NOTE IT LOOKED THEMI Mary Petropoulos took this pho- toqraph In 1986 oefare Hoag Cancer Center planted trees. IthaL - ) Dew park between Villa Hal- 'rho trees -are blocking the boa and the Lower Campus, view, and the agreement that where the cancer center is. Hoag had signed with the city) In a letter to Petropotdos ;rates that the buildings and written in 1990, ft W. Evins, 111. the trots will not he higher a former facilities employee than the bluff," Barbara :car- with Hong, said the trees "will taro, a 25 -year resident of Villa I slowly grow to a mature height Balboa, said 'We just wish of approximately 15 feet to LO that they would be taken care feet over the next 20 years. oL and that Hoag would live. up i However, ti they begin to en, to the ails ,.ment." — croach above the parapet of L No formal complaint Iraq the building, they will be 'wen .submitted to the -fly's Irimmed." Cado and tVater Quality En- In front of the Cancer Cent - am-ement, according to abet• ter. live in. -s nave grown .ion manager John Kappelec arrive the building and two ate Ile gald any request toltivt•ati- eloseto growing above the cen- aate tree heights would he ter. On the comer new the looked into by the city. parking garage, where the ma- I'etropoulos suid it isn't only jority of lh3ropoulos' view is P.rr view that is blocked by l he halt, them am live treesdiree4- rt. -s, not the traN•e :us• tall ly in harbor sightlines. n, mgh to IN, s,•tat from Sunset t '-They promised to uwinteill ,, We hilt, a • -w r,• puollu ,rev Ins-a ..red ktvp them sa In past 20 yon July 1961: Villa Balboa res- idents are informed by Hoag Hospital that the Cancer center will be built. septesisr 1990: Hoag . Hospital's Cancer Center is ' opened liar 2002: The Tree of Life, one of the taller trees in ` front of the center, is re- moved. It Is a small victory for Petropoulos and other residents. Jesuitry 2007: An exec- utive board representing Vil-.- la Balboa will meet with Gov­.. ernment Solution Inc, a firm... representing Hoag Hospital, . to wore out a solution to the- tree Issue. they didn't block our view, but now the trees am, too tall W trim,' Petropoulos said "7'btiy put in palm trees; you cent slit off the tops of palm trees.' Throughout the 199%, Pe- tropoulos wrote letters to the hospital, but the trees contin- ued to grow. In 2008, a petitions signed by Petropoulca and >p other residents led to a Ransil victory. In 2008, former He" Facilities Vice President Peter Foulke had the Tree of Life, bs- tween the Upper Camp" parking garage end the Censer Center, removed Since 2008, Petropoulos his continued to make contest with the hospital through e- mail and phone calls and AM she hopes that the issue will be resolved when the tommittp and Hoag mpresentatitla meet in January. "We at VWe Balboa are not opposed to cancer lighting or to trees," Petropoulos said in A 2(Nly letter that sums up her battle, 'We simply want whit'• was originally promised to us by Hong Hospital - that trees would not block views and ei- reNd the height of any btuldilig nn the lower campus." CONTACT TN[ wnrear 714-44S.6669 at na,ranlJOrrae,rtor com I�� htis 280 Cagney Lane, #109 Newport Beach, California 42663 March 31, 2008 Mayor /City Council Members City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Dear Mayor and City Council Members, RE; HOAG HOSPITAL APPLICATION I am a Villa Balboa owner /resident for over 26 years, since 1982 —PRIOR to Hoag Hospital's purchase of the Cal Trans Property in June, 1984, now known as the Hoag Hospital Lower Campus, which includes the Hoag Cancer Center. My "forever" view was gone in an instant. The 1992 Hoag Hospital Master Plan Agreement with the City of Newport Beach specifies that there would be Annual Reviews with noticed public hearings on the proposed development. These Annual Reviews and public hearings by the City of Newport Beach, have NEVER occurred. Consequently, there has been no oversight on the development of the lower campus by the City to insure adherence to this Agreement. This is a travesty. 1 am requesting that the City Council see that the following issues are enforced: 1. TREE HEIGHTS ON THE LOWER CAMPUS: For over 20 years now 1 have been `fighting" Hoag Hospital regarding the obstruction of our Bay Views and Ocean Views because they failed to adhere to the 1992 Agreement, stating that no Trees will be higher than the Cancer Center and obstruct views. (See attached OC Register article) Because of this publicity, Hoag did remove a number of trees, however, there are still trees that are out of compliance. 2 HOAG CANCER CENTER VAPORS /PLUMES (NOTE: THIS IS IN ADDITION TO THE COGEN PLANT VAPORS /PLUMES) When the COGEN Plant was in the process of being approved, Hoag Hospital assured residents that the plumes/vapors emanating from the Cancer Center would be gone, as the CoGen Plant would generate the needed electricity. This is not the case. Please take a walk along Sunset View Park, in early morning or evening and see the plumes/vapors generated by both the Cancer Center and the CoGen Plant. 3. ENFORCE THE ANNUAL REVIEW AND PUBLIC HEARINGS AS REQUIRED BY THE 1992 AGREEMENT. As great a Medical facility that Hoag Hospital is, they have NOT been Good Neighbors. I have communicated relentlessly with Hoag to little avail, and watched as slowly and deliberately my views have been taken away from me. Please remember, I was here BEFORE the Hoag Lower Campus was purchased from Cal Trans. As Hoag continues to expand, please ensure that Hoag adheres to the Agreements made with the City, and is responsive to their neighbors. A Proposed Parking Structure will have a disastrous impact on our Villa Balboa Community. I appreciate your efforts on our behalf. Sin cerely, Mary Petropoulos Attachment) Untlled S, N'1 ��S �� COQ L l.(i'�}Qf'.�►C -r�'(1 Cj1ZY1 c:SZ �l�l�" -�i ��_ %f r 122/1012:03 via From: Legan, Debra (Debra.Legan @HoagHospital.org) To: mpetropo @yahoo.com; Date: Mon, January 11, 2010 1:14:45 PM Cc: cora@ ovs .com: Denise .Donnelly @HoagHospitw.org; Greg.Simpson @HoagHospital.org; Subject: Re: Still Waiting for Response Re: Trees - from OCTOBER, 2009 The third floor of the cancer center is primarily physician offices. The moving vans in the photographs are due to physician tenants moving in and out of the building. That area is not being used as a loading dock, the process of moving is a temporary situation. As for the trees, we are moving trees as appropriate to other areas of the camps. Some have already been relocated and more will continue to be moved in the months ahead. Debra Eon /. 11136847AM , 'mpetropo@yahoo.com" <mpetropo@yahoo.com> wrote: It has been 3 months since I have heard from you regarding the Trees that continue to block our views in Villa Balboa. s you can imagine, the trees have grown rnuo in 3 months. Nothing has been done. All I have received since Augusi1,28th, 2009 Is this fo0ow ug note from you with no action whatsoever. `— in addition, the back door of the Hoag Cancer Center is being used as a loading/unloading area with huge 18 wheelers parked there for hours and on weekends. (SEE ATTACHED PHOTOS) One of the conditions of the building of the Cancer Center stipulated that the area $:t would NOT BECOME A LOADING DOCK. I contacted Hoag Security on both Oexr occasions within the past 6 weeks, and received NO RESPONSE whatsoever from Wes Gendron, Jim Rice, Michael Morris, or Alicia, despite my messages. P47-1 4 I look forward to some action rather than just being patronized. Mary Petropoulos PS Denise, please see that Dr. Afable receives a copy of this e-mail. From: "mpetropo @yahoo.com" <mpetropo @yahoo.com> Pape 1 of 7 ° twer wi Untitled 4122110 12:03 PR To: "Legan, Debra" <Debra.Legan @HoagHospital.org> Cc: cora @govsol.corn; Denise .Donnelly @HoagHospital.org; Cooper@villageway.com Sent: Sun, October 4, 200911:45:13 AM Subject: Re: Still Waiting for Response Re: Trees Thanks for your response. I took forward to seeing the plan and will be looking forward to having our views back. Mary PS The memo posted last week re: October 3rd road work behind the Cancer Center was greatly appreciated. From: "Legan, Debra" <Debra.Legan @HoagHospital.org> To: rnPetr000@Yahoaxan Sent: Friday, ober :15:45 AM Subject: RiVStill Waiting for Response Re: Trees Mary, We are reviewing the trees in question and balancing that with the requests from other Villa Balboa residents to plant more trees on the lower campus, and working on a plan to replace if necessary. This is taking a little time. As soon as we have a PlAn I will share it with you Debra �•� at.I>,z3 Legg v d Vice President Marketing and Corporate Communications Hoag Memorial Hospital Presbyterian 500 Superior Aoeraue, Suite 360 Neraport Beads, CA 92663 Phone 9491764 -6943 Far 9491764 -5820 Debra.Legan@hoaghosotd.org ST LL V 1111Im �- �4T28/ff9�J1 �A PM, "mpetropo@yahoo.com" <mpetropo®yahoo.com> wrote: Hi Debra, It has been a month since your e-mail. Still waiting for an answer regarding the trees that continue to block public and private views which I showed Cora in our bluff' walk many months ago. Mary Page 2 of 7 Untitled From: "Legan, Debra" <Debra.Legan @HoagHospital.org> To: mpetropo@yahoo.com; Cora Newman <cora @govsol.com> Cc: "Donnelly, Denise" <Denise. Donnelly@HoagHospital.org >; Challstead @a , am r <cooper @villageway.com> Sent: Frida`, ust 282009 4:55 PM Subject: Re: Wouldnt It Have Been Nice Mary I do communicate as much as I possible can with the association. I was not aware that this construction project would require so much removal of concrete, or I would have notified Pam in advance. I appreciated that Cora could meet with you at a time when my calendar did not permit it, and I am aware of our concerns regarding the trees. There is a considerable amount of landscaping work being done on the lower camps as a part of our development agreement with the city and all components of tree removal and trimming is being coordinated with those efforts. I will get back to you when I have a better understanding of that schedule. Debra = I 2622 Vice President A4w*ehng and Corporate Communications Hoag Memorial Hospital Presbyterian 500 Superior Avenue, Suite 360 Newport Brach, CA 91663 Phone 94917646943 Fax 9491764-5820 Debraleganghoaghospital.org On 8/28/09 7:36 , "mpetropo@yahoo.com" <mpetropo@yahoo.com> wrote: Thank you for responding. I have just returned from vacation. Why not notify the VB Association when major construction will occur so that they can post the information and we VB Homeowners can know what is happening and how long we will have to endure the noise and the din? That's what "Good Neighbors" do. Please also be aware that there are still many of us who were here BEFORE Hoag, when the Hoag property on the lower campus was �.[ owned by Cal Trans and we bought with "a forever view ". 11 Re: Trees. The issue is NOT how many "have been removed or significantly trimmed to accommodate our neighbors ", it is the fact that Hoag planted all these trees that WERE and ARE a violation of 4122110 12A3 F Page 3 of , Untitled the City agreement - -- -and that obstruct "public views ". Debra, I always contact you directly, and it seems Cora responds for you. I am aware as the PR person for Hoag, and your new location on Superior, that you must have alot on your plate. `I took my time and Cora Newman's time a few months ago, because you were not available. She promised to share the information with you and others who could remedy the situation. 1 walked the bluff with her as I have done so many times before, taken photos, etc. Nothing has happened. How many more walks and photos need to tS 15 taken? Before long (2 -3 years), the Palm trees will completely block the Bay from the PUBLIC View as you walk along Sunset View Park. 4 Maybe it's time to go elsewhere to get a response. Mary LXTT�cC� PS Denise, please share this e-mail with Dr. Afable. Thank you. From: "Legan, Debra" <Debra.Legan @HoagHospital.org> To: mpetropo @yahoo.com; cora@govsol.com Cc: "Donnelly, " <Denise. Donnelly@HoagHospital.org >; Challstead ay.com Sent: Th rsday, August 20, 2009 7:3� PM Subject RE: Wouldn't It Have Been Nice`, — Mary, I have been able to clarify the work being done on the path behind the Cancer Center as you requested The work is to underground data lines and utilities from the lower campus to the upper campus. The demolition, with jackhammers, is scheduled to be completed tomorrow. The balance of the work over the next few months will be to run cable and wires. All work will continue to be conducted during the hours allowed by the city. This project will continue up West Hoag Drive along the greenbelt in conjunction with the construction of the Sound Wall once that project is approved by the city to move forward. In regards to the trees, as you know many have been removed and or significantly trimmed to accommodate our neighbors. I will walk the 4122/10 12:03 P Page 4 of 7 Untltkd area with our landscapers again to review the remaining trees to see if any more need trimming. Again, please feel free to contact me directly any time you have questions regarding work being done at Hoag. Debra Legan Vice President, Marketing and Corporate Communications Hoag Memorial Hospital Presbyterian 500 Superior Avenue, Suite 360 Newport Beach, CA 92663 direct 949/764 -6943 fax 949/764 -5820 DebmLegan@hoaghospital.org - - - -- Original Message---- - From: mpetropo@yahoo.com [mailto:mpe{rouot&Xahoo.com] Sent: Wed 8/19/2009 10:49 AM To: corad& ysaLWm; Legan, Debra Cc: Donnelly, Denise; Challstead(uaol.com; Cooper@villageway.com Subject: Re: Wouldn't It Have Been Nice I am referring to the construction in back of the Hoag Cancer Center -- which is in front of Villa Balboa Residences at 280 Cagney Lane and 270 Cagney Lane - - -not the construction on the Emergency Room. It is unbearable. From: To: a Cc: D Sent: W Subject: <mpetropo@yahoo.com> August l9, 2009 8:94:55 AM LLHave Been N' Once again, we residents of Villa Balboa are forced to listen to loud construction noises, drilling, equipment in reverse with loud beeping beginning at 7:00 am EVERY MORNING /AFTERNOON for God - knows how many more weeks/months. In addition to waking residents, we cannot even open our doors/windows because of the noise. Wouldn't it have been Nice and Neighborly if Hoag Hospital had sent 4122110 12:03 P. Page 5 of 7 Untitled a notice to Villa Balboa Residents informing them of what is being done, how long it is going to take, and apologizing for the inconvenience. It really doesn't take much to be a "Good Neighbor ". Cora, I met with you regarding the Trees blocking the bay view and the Trees exceeding the height of the Cancer Center. inR Zlothhas *,n> done. I walked along the public park and the bay view is blocked by Palm Trees. This is NOT a private view. S bU ((5 Please, when will the noise and construction end? And when will the trees be trimmed. This is a continuing violation of the City Agreement - - -and obstruction of public views. I look forward to your response. Mary Petropoulos PS Denise, would you please see that Dr. Afable receives a copy of this e-mail. Thank you Please note that the information contained in this message may be privileged and confidential and protected from disclosure under the law, including the Health Insurance Portability and Accountability Act (HIPAA). If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited and may subject you to criminal or civil penalties. If you have received this communication in error, please notify the sender by replying to the message and delete the material from any computer. Thank you, Hoag Memorial Hospital Presbyterian and its Affiliates Please note that the information contained in this message may be privileged and confidential and protected from disclosure under the law, including the Health Insurance Portability and Accountability Act (HIPAA). If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited and may subject you to criminal or civil penalties. If you have received this 4122/10 12:03 P Page 6 of 7 untitled 4/22110 1:47 V' From: mpetropo @yahoo.com (mpetropo @yahoo.com) To: mpetropo@yahoo.com; Date: Thu, April 22, 2010 1:45:56 PM Cc: Subject: Hoag Trees Fri, December 5, 2008 0:37:45 AMRe: Update Re: Pine Trees and Meeting with City with Photo tachments - From: "mgetroVQQ( yahoo.com" <p1petrq A yahooxan View Contact To: "Legan, Debra" <Debra.Lepan(n HoagHos adLo-r4;> 3 Files View Slideshow Download All IMG-1 189JPU (779KB); IMCi_I188JPG (718KB); IMCi_1186JM (703KO) This morning 1 met with City Representatives regarding the trimming of their trees which are blocking our views. They have very quickly and grpciously agreed to trim the trees this coming week. 1. Upon viewing the area, th Citeses pre serttatives pointed out the Hoag Cancer Center Mallaluca and Coral Trees,(bank of about 8 -10 trees (See photo attachments) with much new growth, which are well above the Cancer Center. They indicated that these trees if not trimmed /remove will exceed the height of the City Palm trees. These trees need to be removed or trimmed down below the height of the Cancer Center, per the City Agreement�j 2. There still remain a number of Palm Trees around the Cancer Center that also exceed the building height and have not been removed. 3. You have indicated that the Pine Trees and the Palm Tree next to the Parking Structure will be thinned out in the first quarter. The City representatives also indicated that these trees could really be thinned out a great deal so our view blockage is really minimized. Can you give me an approximate date when this will be done? — �1C1)<°Y' clz F I have attached photos of the areas so you can see what the City and Villa Balboa are referencing. Hopefully, you will continue to be, as the City of Newport Beach has always been, a good neighbor. I appreciate your prompt attention. Mary Petropoulos Gage 1 of 1 280 Cagney Lane, #109 Newport Beach C ifo a 92663 Jul�v21, 2005 �-- ac�c�� Mr. Peter Foulke Executive Vice - President, Corporate Services Hoag Memorial Presbyterian Hospital 1 Hoag Drive P.O. Box 6100 Newport Beach, California 92658 -6100 Dear Mr Foulke, At the recent meeting by Hoag Hospital to the residents of Villa Balboa regarding the development of the lower campus, a question was raised regarding the trees on the lower campus which have grown to such an extent over the past five years, that both Public and Private views of Newport Bay are all but blocked. (See enclosed photos.) At that time you agreed to meet with us and to discuss resolution of this intolerable situation. At our Villa Balboa Homeowner's Association Meeting last evening, the "Tree" issue was raised once again. It was suggested by the Board that we arrange a meeting with Hoag Hospital, with the City of Newport Beach, Villa Balboa HOA Representatives and homeowners to discuss resolution of this issue. It is not just a matter of private views at issue here, although homeowners who have view properties are experiencing both financial and aesthetic repercussions. The PUBLIC VIEW, once enjoyed by the residents of Newport Beach who use Sunset Ridge Park and the pathway, are no longer are afforded the gorgeous view of Newport Bay. Please note that City Trees (Four Palm Trees), placed at the Newport Boulevard overpass several years ago, are also contributing to the loss of Public Views. i have attached photographs of the view in 1999 and the current view. I have copied both the City of Newport Beach, General Services Director, Mark Harmon, and the Villa Balboa HOA board in order that we may arrange a meeting on the Sunset Ridge Park Pathway to discuss resolution of this situation. 1 look forward to hearing from you. I can he reached at: (949) 645 -0540. Sincerely, Mary Petropoulos Enclosures Pc: City of Newport Beach Villa Balboa HOA HOAG MEMORIAL HOSPITAL PRESBYTERIAN 301 NENJPOF,rS5Ul LEA1ARO • BOX Y • NEWPOR7 BEACH. CALIFORNIA 92658 -8912 • PHONE (714) 545 -8600 August 6 1990 / Ms. Mary Petropoulos 280 Cagney Lane #109 Newport Beach, CA 92663 Dear Ms. Petropoulos: Thank you for your letter of July 31, 1990, regarding the landscaping behind the Hoag Cancer Center. The trees at the rear of the center are Metrosiderous E sII Thr grow to a mature height of approximately 15 to 20 f t over the next 20 However, if they begin to encroach above the parapet of t e ut tng, e be trimmed. The shrubs along our common property line will be "Natal Turn", as requested by your association. They are slow growing shrubs that will reach a mature height of three to four feet. As a matter of fact, they currently exist around the first floor level of the 270 and 280 Cagney Lane buildings. 1 I hope that this information will be helpful to you. Please fee free to call me if we can. answer any other questions. Sincerely Evins, III, AIA Vice President t� Facilities Design & Construction z' F WE:bw t., r C>3�Y It of 7ray�lmd Opt, aT Thu --ro VJN'PPCI.T CJMM'J'iiTY H.�Y"1 V'1F1iTIIJ6 —�k. TKirr1 J:iP IT 111 ACC REOirc.m 9Y !.,C Jo1NT Co�im 510 ON ACCFE O.T. TION 01 fin ^o.Ye - Js+. Y >s'rS. -!'•s1 c-w. ... �1 � ' � p m p "fit F *x' su ,. 1,� � •+�JI�*r ,� _ y r �4 } I JJ Q'1 t(: 5 qP4 � =A**-M&, Attn: Hoag Hospital LE7F6 Sp r,A io Hopi +,�vr� v From: Villa Balboa Residents Residents of Villa Balboa are extremely disappointed and distressed to find that I= than weeks aftte HgM�p stU_repQW FresquAuw to us that an unsightly green tarpMence would be Libra installed along the bluff at Sunset View Park. We can only assume Hoag representatives knew the next phase of your project would be lean landscaping the slopes between 2 properties. Surly you knew what that would involve? For residents living along the bluff of Sunset View Park and for those from the surrounding communities who walk the pathway daily, view is everything. Whether we are walking the bluff or sitting in our patios enjoying a light meal, a cup of coffee or glass of wine as the sun rises or sets on these beautiful spring days, it is the view that is important. We appreciate the fact that Hoag is now in the process of landscaping the area and understand the fact that you are bound by agreements with Costal Commission, the City of Newport Beach and various other regulatory agencies that were yearn in the making. It is further our understanding that one of the requirements in those agreements is to mitigate dust that will result from the landscaping work being commenced. Ludicrous to think that a green tarp/fence with holes all over it is going to aid in mitigating dust. Dust flies with the breeze and there is plenty of off shore breeze. Dust is going to go up, over and through the ugly green tarptfence. We also recognize that Hoag is bound by the eidsting agreements. We are asking that as the "good neighbor" you have always tried to be that you work with us by putting your tarp/fence behind one building at a time, do the work in that area, then move the tarp to the next building, do the work and so on until your job is complete. This will minimize the length of time and the number of folks whose lives are disrupted and inconvenienced by having the view taken away. Rather a few at a time than all of us for the entire time of the project The residents of the buildings along the bluff would much prefer to have a bit of dust for a month or two than to completely loose the view for the entire 3 to 4 months duration of your project. By the signatures below, we are formally requesting you implement our suggestion to resolve this matter. Hoag can still provide the mitigation mandated in your approvals and permits, but it would be done in a neighbor friendly manner. 77 .m 111;x!1; Jackson I Della QED Peckenpau A LAW CORPORA2010 APR 27 PH 2- 57 April 26, 2010 VIA FACSIMILE AND OVERNIGHT MAIL City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Direct Dial 9.851.7409 Email: �i �jdlplaw.ccm Re I ttj G e�Y(YY��T�Rplh2ce FiIWU�li` "t'lfwu�,,� /o" Re: Hoag Memorial Hospital Presbyterian; Development Agreement Annual Compliance Review (Item 15 on April 27, 2010, City Council Agenda) Dear Honorable Mayor and Members of the City Council: We represent Villa Balboa Community Association ("Villa Balboa "). The following comments are submitted for your consideration in connection with Hoag Memorial Hospital Presbyterian's ( "Hoag ") Development Agreement Annual Review, Item 15 on the City Council's April 27, 2010, agenda. We request that these comments be included in the administrative record for this agenda item. As discussed below, we also request that the City Council continue its Annual Review to another Council meeting within sixty (60) days to review the progress of the window replacement program. Hoag is obligated under its Master Plan Update and Mitigation Measure PDF 3.4 -1, as modified by Hoag's settlement agreement with Villa Balboa, to provide a window replacement program for eighteen (18) units located on Cagney Lane in Villa Balboa, as summarized on pages 34 of the staff report. The program requires Hoag to replace windows, sliding glass doors, and interior and exterior stucco, trim and paint repair, in the 18 units. Hoag is financially responsible for implementing the program (pursuant to the City's reconciliation of bids), as well as the cost of a performance bond, administrative fees, and a contingency fund. The program was supposed to be implemented by March 2009. Villa Balboa and Hoag provided the City with their respective bid proposals for the window replacement program. The City subsequently issued a proposed bid reconciliation on December 8, 2009 (enclosed for your reference). Villa Balboa notified the City on December 17, 2009, that it agrees with the City's proposed bid reconciliation, and sent a confirming letter to this effect on January 11, 2010. Villa Balboa later conducted asbestos testing as required by the City's reconciliation. The testing revealed that asbestos is not of concern in connection with Hoag's window replacement program. As of the date of this letter, Hoag has not approved the City's proposed bid reconciliation. Villa Balboa understands that Iloag's failure to approve the City's bid reconciliation is the only remaining issue precluding implementation of the window replacement program. Villa Balboa requests that Hoag confirm its approval to the City and Villa Balboa as Irvin Office I Westlake Village Office 2030 Main Street, Suite 1200 2815 Townsgate Road, Suite 200 www.jdtplaw.wm Irvine, California 92614 Westlake Village, California 91361 It 949.752.8585 If 949.752.0597 t 805.230.0023 f 805.230.0087 City Council City of Newport Beach April 26, 2010 Page 2 soon as possible so that Villa Balboa may notify the affected homeowners as necessary to confirm which units will be participating in the program. Hoag would then provide the required deposits as necessary for the window replacement program to proceed. Villa Balboa requests that the City Council continue its Annual Compliance Review to a Council meeting within 60 days after the April 27 meeting in order to ensure Hoag's approval of the City's bid reconciliation and compliance with this important component of its Master Plan Update's mitigation obligations. Thank you for the opportunity to provide comments on this important issue affecting the Villa Balboa community and its residents. Please contact me at the above number if you have any questions. Respectfully submitted, Michele A. Staples Enclosure: City's December 8, 2009, bid reconciliation cc: David Lepo, Planning Director, City of Newport Beach (via e-mail, w/ Encl.) James Campbell, Principal Planner, City of Newport Beach (via e-mail, w/ Encl.) Dennis O'Neil, Esq., Attorney for Hoag (via e-mail, w/ Encl.) 955200.1 Hoag Window Replacement Program Tentative Cost Estimate Full scope - 18 units pans /deck repair asbestos testing plans permits subtotal 10% administrative fee 20% refundable contingency Total $ 388,355 $ (13,400) $ 1,000 $ 2,500 $ 5,500 $ 383,955 $ 38,396 $ 76,791 $ 499,142 Notes: 1. Full scope per American Vision estimate facilime August 2009 and includes per unit estimate plus sloped windows, scaffolding and galvanized steel pans. 2. Estimates are subject to change based upon final measurements and walk thru by the contractor. 3. Administrative fee and contingency based upon Hoag/VB settlement agreement. 4. Verification of window /doors ability to meet STC 37 to be submitted Page 1 12/08/2009 Washington, Lillian From: Sent: To: Subject: Kelly A. Hacker 260 Cagney Lane #207 Deborah Calvert Idebdeb2080 @hotmail.com) Tuesday, April 27, 2070 5:07 PM Washington, Lillian Hoag Hospital BE PART OF THE SOLUTION! Newport Beach, CA 92653 el'�7 April 27, 2010 Honorable Mayor & City Councilmembers, My concerns are these: "RECEIVED APER AGENDA PRINTED:" a� >'o • Sound testing wasn't an accurate representation of daily activity. • Sound wall is completely ineffective; not high enough, not long enough to buffer second loading dock and potential increase of ER there. Trees that were cut at least buffered daily passenger car noise and cell phone activity but the sound wall doesn't, are they to be replaced? I was told Hoag is allowed to make noise Sunday- through Sunday without a day off, true? • Still no windows and no communication regarding what the issue is that delays their installation. Several phone calls have been made to Debra Legan with no returned calls and the City doesn't want to get involved as I've discussed with Jim Campbell. I made it clear in my last communication to Debra Legan's office that I had a solution to the window delay, however I received no returned phone call. • We still haven't received the Asbestos testing results —the communication has completely broken down. Maybe partially a HOA issue but doesn't alleviate the fact we need answers because it affects every minute of our day, seven days per week. • On the second floor of my building there are three new mothers with babies and quite a few older people. I am disabled and find it impossible to get any rest from the constant noise that I'm also hearing from the lower campus. • I understood the transfer of square footage of 225,000 to upper campus meant there was very little square footage left to build on. • There was no 300 ft notification of the temporary fence on the lower campus. Not to mention all the construction from the retaining wall we also were not notified of. • What is proposed for the remaining pads that have now been graded on the lower campus and how many sq ft remain for building there? • The City received $3.2 Million for improvements at Villa Balboa homeowner's expense, and it's my understanding that our building manager, Pam Cooper is receiving extra compensation to handle the window projects so I don't understand why the city can't assist the few of us who are impacted daily by these issues. • Would the City consider a beautification for Sunset Park, as I have already sketched out a plan with a welcome to City of Newport Beach twin dolphin fountain and winding paths to the top view with a Gazeboo similar to Laguna Beach Las Brisas location. 1 So in my opinion the Good Neighbor Policy Hoag has promised is not working. I would like to offer my expertise in solving these issues and be a part of the solution and not the problem. Sincerely, Kelly A. Hacker Hoag Hospital Baby Hotmail has tools for the New Busy. Search, chat and e-mail from your inbox. Learn more. 7 ir i6- 4121./0 NEWPORT BEACH CITY COUNCIL HOAG ANNUAL REVIEW April 27, 2010 ON BEHALF OF THE NEWPORT BEACH RESIDENTS AND THEIR GUESTS WHO VISIT SUNSET VIEW PARK AND THE RESIDENTS OF VILLA BALBOA WE ASK THE NEWPORT BEACH CITY COUNCIL TO ADDRESS THE ISSUES RAISED HEREIN THE HOAG PROMISE "A CANOPY OF TREES" (Lower Campus Parking Lot — West) 0 There is no "Canopy of Trees" nor will there be even after completion of currently planned relandscaping project. THE TREES HAVE NO LEAVES MUCH OF THE YEAR! PLEASE ASK HOAG TO FULFILL ITS PROMISE PLANT MORE TREES - WITH LEAVES PARKING LOT LIGHTS ON AT NIGHT DUSK TO DAWN - 7 DAYS/WEEK UNOCCUPIED - 8:00 PM TO 5:00 AM PLEASE ASK HOAG TO TURN THE LIGHTS OFF WHEN LOT IS NOT IN USE! IF "SAFETY" IS REALLY A CONCERN PLACE GATE AT ENTRY TO PARKING LOT GATE CAN BE USED TO LIMIT ACCESS ONLY TO CO -GEN PLANT CONSERVE WASTED ENERGY PLEASE ASK HOAG TO TURN THE LIGHTS OFF WHEN LOT IS NOT IN USE! ROOFTOP STORAGE ON TOP OF STORAGE MODULARS STORAGE ON ROOFTOPS IS PROHIBITED PLEASE ASK HOAG TO MONITOR ROOFTOPS TO ENSURE COMPLIANCE! FOR APPROXIMATELY 10 YEARS HOAG HAS UTILIZED "TEMPORARY" MODULARS PLEASE ASK HOAG TO CONSTRUCT PERMANENT FACILITIES THAT MEET ALL REQUIREMENTS OF NEWPORT BEACH BUILDING CODES! MEMBERS OF THE NEWPORT BEACH CITY COUNCIL THANK YOU FOR THE WORK YOU DO TO MAKE NEWPORT BEACH AN ENJOYABLE PLACE TO LIVE AND VISIT' Page 1 of 2 /0 Michele Staples 7upNCp F V HOAGS AGREEMENT TO CITY'S RECONCILIATION OF 3105 F. Dennis 0. O'Ned (mailtO:dOnell4Dne11- I1p.com] Sent: Tuesday, April 27, 2010 4:45 PM To: Mlchee Staples Cc: Sanford. Smith _olhoaghospltal.org Subject RE: HOAGS AGREEMENT TO CITY'S RECONCILIATION OF BIDS Michele. This accurately summanzes our conversation today and reflects the follow up procedures set forth in the VB/Hoag Settlement Agreement Dennis Dennis D. O'Neil Hewitt 8 O'Neil LLP 19900 MacArthur Blvd 91050 Irvine, CA 92612 (949) 798 -0734 (tel ) (949) 798 -0511 (fax) donell@hewittonell corn NOTICE TORECIPIENT MISEa L IS ATTORNEYPRMEGEOANDCONFIOEWMLAND MEANT ONLY FOR THE REVIEW ANO USE OF THE INTENDED RECIPIENT OF THE TRANSMISSION IF YOU RECEIVED MIS E4 11. IN ERROR ANY REVIEW. USE DISSEMINATION DISTRIBUTION. OR COPYING OF MIS E4 ML IS STRICTLY PROHIBITED PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE MIS MESSAGE FROM YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION From: Michele Staples (maiIto:M5taples:aldtp1aw.com] Sent: Tuesday, April 27, 2010 4:20 PM To: Dennis D. O'Neil CC dlepo!dnewportbeachca.gov; Campbell, James; Pam Cooper; phillp biaS`am5n.com; Denise D. Iger; Kathryn Casey Subject HOAGS AGREEMENT TO CiTYS RECONCILIATION OF BIDS Thank you for your telephone call this afternoon This e-mail summanzes our discussion You gave me the good news that Hoag agrees with the City's reconciliation of bids and has informed the City Managers office of Its approval You expect the City Manager to confirm this on the record at tonight's City Counal hearing on the Hoag Development Agreement annual review The next step Is to proceed with notifying the Villa Balboa homeowners In the 18 units of the 260 Cagney Lane building that are subject to the window replacement program (Units 102 through 107, 202 through 207 and 302 through 307) Villa Balboa will prepare a list of the names and addresses of the unit owners and will work with Hoag to prepare the notices The homeowners will have 45 days to respond whether they want to participate In the program per Mitigation Measure PDF 3 4 -1 Once we know how many of the homeowners want to participate. Hoag will deposit the full amount of the reconciled construction bid plus 20% contingency In an escrow account payable to Villa Balboa. provide Villa Balboa the 10% administrative fee, and secure the performance bond in favor of Villa Balboa as set forth in the Settlement Agreement. section 1 Villa Balboa will make arrangements to hire a Contractor for the program once Hoag provides the funding Thanks again for Calling me with the good news Please confirm that the above accurately summanzes Hoag's approval and the next steps I look forward to working with you on this important matter. Mien" A Stapes. Esc Jackson I oeMaroo I Tidu3l Pocka"Paugn 2030 Man Street. Suite 1200 Iwo. CA 92614 (949) 651.7409 - Direct Dial (949) 233 -5039 - Cell 4/27/2010 0- X Page I of 2 79�7 S Michele Staples Sugett FW HOAG$ AGREEMENT TO CITY'S RECONCILIATION OF 3105 From: Dennis D. O'Neil (malltO:dOr a 4Oned- Ilp.com] Sent: Tuesday, April 27, 2010 4:45 PM To: MIChele Staples Cc: sanford.smith4hoaghospital.org Subject: RE: HOAG'S AGREEMENT TO CrTY'S RECONCILIATION OF BIDS Michele. This accurately summarizes our conversation today and reflects me follow up procedures set forth in the VBIHoag Settlement Agreement. Dennis Dennis D O'Neil Hewitt 8 O'Neil LLP 19900 MacArthur Blvd., 01050 Irvine. CA 92612 (949) 798 -0734 (tel.) (949) 798-0511 (fax) doneil @hewittoneil oom NOTICE TO RECIPIENT THIS EMAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE TRANSMISSION IF YOU RECEIVED THIS E-MAIL IN ERROR. ANY REVIEW USE DISSEMINATION DISTRIBUTION. OR COPYING OF THIS E-MA .IS STRICTLY PROHIBITED PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM MANX YOU IN ADVANCE FOR YOUR COOPERATION From: Michele Staples (mailtO:MStaples4]dtp1aw.com] Sem» Tuesday, Apnl 27, 2010 4:20 PM To: Dennis D. O'Neil Cc: dlepoanewportbeachca.gov; Campbell, James; Pam Cooper; philip_bias:4msn.com; Denise 0. Iger; Kathryn Casey Subject HOAG'S AGREEMENT TO QTY'S RECONCILIATION OF BIDS Thank you for your telephone call this aftemoon This e-mail summarizes our discussion You gave me the good news that Hoag agrees with the City's reconciliation of bids and has inforrnBd the City Managers office of Its approval You expect the City Manager to confiml this on the record at tonighCs City Council heanng on the Hoag Development Agreement annual review The next step is to proceed with nontying the Villa Balboa homeowners in the 18 units of the 260 Cagney Lane building that are subject to the window replacement program (Units 102 through107, 202 through 207 and 302 through 307). Villa Balboa will prepare a list of the names and addresses of the unit owners and will work with Hoag to prepare the notices The homeowners will have 45 days t0 respond whether they want t0 participate in the program per Mitigation Measure PDF 3.4-1. Once we know hour many of the homeowners want to participate, Hoag will deposit the full amount of the reconciled construction bid plus 20% contingency In an escrow account payable to Villa Balboa. provide Villa Balboa the 10% administrative fee, and secure the performance bond In favor of Villa Balboa as set forth In the Settlement Agreement. section 1 Villa Balboa will make arrangements to hire a contractor for the program once Hoag provides the funding Thanks again for calling me with the good news Please confirm that the above accurately summarizes Hoag 's approval and the next steps look forward to working with you on this important matter MlUeleA Staoles. Es¢ Jackson 109M&= I Taus I Per7tenpaugh 2030 Man Street, Suite 1200 trvine, CA 92614 (949) 651.7409 -- Direct Dill (949) 233.5039 - Cal 4/27/2010 Page I of 2 Z72Few s* /s >*I� FW HOACS AGREEMENT TO CI TYS RECONCILIAnON oc BIOS From: Dennis D. ONeI [mallto:donelllonell- llp.com] Sent: Tuesday, April 27, 2010 4:45 PM To: Michele Staples Cc: sanford.smithehbaghospital.org Subject: RE: HOAG'S AGREEMENT TO Cr`PS RECONCILIATION OF BIDS Michele. This accurately summarizes our Conversation today and reflects the follow up procedures set forth In the VB /Hoag Settlement Agreement Dennis Dennis D O'Neil Hewitt 8 O'Neil LLP 19900 MacArthur Blvd.. #1050 Irvine, CA 92612 (949) 798-0734 (lei ) (949) 798 -0511 (fax) cloneii@hewittoneti.com NOTICE TORECAIENT THIS EA IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE TRANSMISSION IF YOU RECEIVED THIS E44AIL IN ERROR. ANY REVIEW. USE DISSEMINATION DISTRIBUTION OR COPYING OF THIS E-MIAIL IS STRICTLY PROHIBITED PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E4AAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION From: Michele Staples [madto:M5taples §jdtplaw.COm] Serd: Tuesday, April 27, 2010 4:20 PM To: Dennis D. O'Neil Cc dje"nlewportbeachica.gov; Campbell, James; Pam Cooper; phiIo_1bias4msn.corn; Denise D. Iger; Kathryn Casey SubjeM HOAGS AGREEMENT TO Cr rS RECONCILIATION OF BIDS Thank you for your telephone call this afternoon This e-mail summarizes our discussion. You gave me the good news that Hoag agrees with the City's reconciliation of bids and has Informed the City Managers office of Its approval You expect the City Manager to confirm this on the record at lonights City Council hearing on the Hoag Development Agreement annual review The next step Is to proceed with notifying the Villa Balboa homeowners in the 18 units of the 260 Cagney Lane building that are subject to the window replacement program (Units 102 throughl07, 202 through 207 and 302 through 307) Villa Balboa will prepare a list of the names and addresses of the unit owners and will work with Hoag to prepare the notices. The homeowners will have 45 days to respond whether they want to participate In the program per Mitigation Measure POF 3.4-1. Once we know how many of the homeowners want to participate, Hoag will deposit the full amount of the reconciled construction bid plus 20% contingency In an escrow account payable to Villa Balboa. provide Villa Balboa the 10% administrative fee, and secure the performance bond in favor of Villa Balboa as set forth In the Settlement Agreement. section 1 Villa Balboa will make arrangements to hire a contractor for the program once Hoag provides the funding. Thanks again for calling me with the good news. Please confirm that the above accurately summarizes Hoag's approval and the next steps I look forward to working with you on this Important matter MK3rebA Staples. Esc Jackson I DOW= l rlduS I PeCkenpaugh 2030 Man Street. Suite 1200 Imne. CA 92814 (949) 851.7409 - Direct Dal (949), 233.5039 - Cal 4/27/2010 Michele Step]** SuENct FIN HOAGS AGREEMENT TO CITY`S RECONCILIATION OF BIOS From: Dennis 0. O'Neil (mallto:donellCdorlerl- Ilp.cl Sant: Tuesday, April 27, 2010 4:45 PM To: Michele Staples Ca sanfdrd.smlthLataaghospltal.org Subject: RE: HOAGS AGREEMENT TO CITYS RECONCILIATION OF BIOS Michele, This accurately summarizes our Conversation today and reflects the follow up procedures Set forth in the VB /Hoag Settlement Agreement. Dennis Dennis D. O'Neil Hewitt b O'Neil LLP 19900 MacArthur Blvd., 01050 Irvine, CA 92612 (949) 798-0734 (tel.) (949) 791 (fax) doneilChewittonei .corn NOTICE TO RECIPIENT THIS E4AAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE TRANSMISSION IF YOU RECEIVED THIS E-MAIL IN ERROR. ANY REVIEW USE DISSEMINATION. DISTRIBUTION. OR COPYING OF THIS EAWL IS STRICTLY PROHIBITED PLEASE NOTIFY US IMIEDNTELY OF THE ERROR BY RETURN EJAAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION Room: Michele Staples [mailt0:MStaples@)dtplaw.com) Sant: Tuesday, April 27, 2010 4:20 PM To: Dennis D. O'Neil Cc dlepo@newportbeachca.gov; Campbell, James; Pam Cooper, phi6p bias®msn.com; Denise D. Iger; Kathryn Casey Subject' HOAGS AGREEMENT TO CITY`S RECONCILIATION OF BIDS Thank you for your telephone call this afternoon This e-mail summarizes our discussion. You gave me the good news that Hoag agrees with the City's reconciliation of bids and has Informed the City Managers office of Its approval You expect Me City Manager to confirm this on the record at tonight's City Council hearing on the Hoag Development Agreement annual review The next step Is to proceed with notifying the Villa Balboa homeowners in the 18 units of the 260 Cagney Lane building that are subject to the window replacement program (Units 102 through107. 202 through 207 and 302 through 307). Villa Balboa will prepare a list of the names and addresses of the unit owners and will work with Hoag to prepare the notices. The homeowners will have 45 days to respond whether they want to participate In the program per Mitigation Measure PDF 3.4 -1. Once we know how many of the homeowners want to participate. Hoag will deposit the full amount of the reconciled construction bid plus 20% contingency in an escrow account payable to Villa Balboa, provide Villa Balboa the 10% administrative fee, and secure the performance bond in favor of Villa Balboa as set forth in the Settlement Agreement. section 1 Villa Balboa will make arrangements to him a contractor for the program once Hoag provides the funding Thanks again for calling me with the good news. Please confirm that the above accurately summarizes Hoag's approval and the next steps. I look forward to working with you on this Important matter Michele A. Staples. Esc Jackson I OeMarop I taus I Peckenoaugn. 2030 Man Street. Suite 1200 Imne. CA 92014 (949) 851-7409 - Direct Dial (949) 233 -5039 -- Cell 4/27/2010 Page I of 2 Z7L`/I7 T�iS MLea.w stap.e suejllt FW HOAG'S AGREEMENT TO CITYS RECONCILIATION OF 9105 From: Dennis D. O'Neil (madto:doned@onell- IIp.COm1 Sent Tuesday, April 27, 2010 4:45 PM To: Michele Staples Cc: sanford.smlM',dihoaghospltal.org Subject RE: HOAGS AGREEMENT TO CITYS RECONCILIATION OF BIDS Michele, This accurately summarizes our conversation today and reflects the follow up procedures set forth in the VBJHoag Settlement Agreement. Dennis Dennis D. O'Neil Hewitt 8 O'Neil LLP 19900 MacArthur Blvd., 01050 Irvine, CA 92612 (949) 798-0734 (tel.) (949) 798 -0511 (fax) doned@hewittoneil c om NOTICE TO RECIPIENT THIS E MAIL IFS ATTORNEY PRIVILEGED ANO CONFIDENTIAL ANO MEANT ONLY FOR THE REVIEW MOUSE OF THE INTENDED RECIPIENT OF THE TRANSMISSION IF YOU RECEIVED THIS EMAIL IN ERROR. MY REVIEW. USE. DISSEMINATION. DISTRIBUTION. OR COPYING OF THIS EMAIL Is STRICTLY PROHIBITED PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN EMAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION Fran: Michele Staples [madto:MStap1es4)dtplaw.COm] SINK: Tuesday, April 27, 2010 4:20 PM To: Dennis D. O'Neil CC dlepo`anewportbeachca.gov; Campbell, James; Pam Cooper; phihp_DIasCamsn.com; Denise D. Eger; Kathryn Casey Subject HOAGS AGREEMENT TO CrTY'S RECONCILIATION OF BIDS Thank you for your telephone Call this afternoon This e-mail summarizes our discussion. You gave me the good news that Hoag agrees with the City's reconciliation of bids and has informed the City Manager's office of Its approval You expect the City Manager to confirm this on the record at tonight's City Council hearing on the Hoag Development Agreement annual review The next step Is to proceed with notifying the Villa Balboa homeowners In the 18 units of the 260 Cagney Lane building that are subject to the window replacement program (Units 102 throughlOT 202 through 207 and 302 through 307) Villa Balboa will prepare a list of the names and addresses of the unit owners and will work with Hoag to prepare the notices. The homeowners will have 45 days to respond whether they want to participate in the program per Mitigation Measure PDF 3.4-1. Once we know how many of the homeowners want to participate, Hoag will deposit the full amount of the reconciled construction bid plus 20% contingency in an escrow account payable to Villa Balboa, provide Villa Balboa the 10% administrative fee, and secure the performance bond In favor of Villa Balboa as set forth in the Settlement Agreement, section 1 Villa Balboa will make arrangements to hire a contractor for the program once Hoag provides the funding Thanks again for Calling me with the good news Please Confirm that the above accurately summarizes Hoag's approval and the next steps I look forward to working with you on this Important matter Whale A. Stapes, Esq. Jackson I DeMaroo I Titus I Perscenpaugn 2030 Man Street, Suite 1200 Irvine. CA 92614 (949) 851.7409 -- OYect OW (949) 233 -SO39 -- Call 4/27/2010 Page l of 2 Michel. SU MMe 9uq�et FIN HOAG$ AGREEMENT TO CITYS RECONCILIATION OF BIDS From: Dennis D. O'Neil [mailto:doneil ®onetl- Ilp.com] Sent: Tuesday, April 27, 2010 4:45 PM To: Michele Staples Cc, sanford.smlth ,4hoaghospltal.org Subject: RE: HOAGS AGREEMENT TO QTY'S RECONCILIATION OF BIDS Michele. This accurately summanzes our conversation today and reflects the follow up procedures set forth In the VB/Hoag Settlement Agreement Dennis Dennis D. O'Neil Hewitt 8 O'Neil LLP 19900 MacArthur Blvd., #1050 Irvine. CA 92612 (949) 798-0734 (tel ) (949) 798-0511 (fax) doneik @hewittoneil com NOTICE TORECPIENT THISEJ LISATTORNEYPRMLEGEDANOCONFID WN LMO MEANT ONLY FOR THE REVIEW MOUSE OF THE INTENDED RECIPIENT OF THE TRANSMISSION IF YOU RECEIVED THIS EMAIL IN ERROR. ANY REVIEW. USE DISSEMINATION, DISTRIBUTION OR COPYING OF THIS EJAAx IS STRICTLY PROHIBITED PLEASE NOTIFY US IMMEDIATELY Of THE ERROR BY RETURN EUML AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM THANx YOU IN ADVANCE FOR YOUR COOPERATION Fromm: Michele Staples (madto:MStaples4)dtplaw.com1 Sant: Tuesday, Apnl 27, 2010 4:20 PM To: Dennis D. O'Neil CC dlepo@newportbeadrca.gov; Campbell, Jaynes; Pam Cooper; philip_biasCamsn.com; Denise D. Iger, Kathryn Casey Subject HOAG'S AGREEMENT TO CITY'S RECONCILIATION OF BIDS Thank you for your telephone call this aftemoon This e-mail summarizes our dismission. You gave me the good news that Hoag agrees with the City's reconciliation of bids and has informed the City Manager's office of its approval You expect the City Manager to confine this on the record at tontghrs City Council heanng on the Hoag Development Agreement annual rewew. The next step is to proceed with nobtymg the Villa Balboa homeowners in the 18 units of the 260 Cagney Lane building that are subject to the window replacement program (Units 102 through107, 202 through 207 and 302 through 307). Villa Balboa will prepare a list of the names and addresses of the unit owners and will work with Hoag to prepare the notices. The homeowners will have 45 days to respond whether they want to participate in the program per Mitigation Measure POF 3.4-1. Once we know how many of the homeowners want to participate, Hoag will deposit the full amount of the reconciled construction bid plus 20% contingency in an escrow account payable to Villa Balboa. provide Villa Balboa the 10% administrative fee. and secure the performance bond in favor of Villa Balboa as set forth in the Settlement Agreement, section 1 Villa Balboa will make arrangements to hire a Contractor for the program once Hoag provides the funding. Thanks again for calling me with the good news. Please confirm that the above accurately summanzes Hoag's approval and the next steps I look forward to working with you on this Important matter Michek, A. Staples. Esg Jackson I DeMarpo I Tidus I Peaksnpaugn 2030 Man Street Suite 1200 Irvine. CA 92614 (949) 651.7409 - Oirxt Dial (949) 233 -5039 - Cad 4/27/2010 Page 1 of 2 laehale staples aronee FOY HOAGS AGREEMENT TO CITYS RECONCILIATION OF SIDS From: Dennis D. O'Neil (malRo:done4l4onell- Ilp.com] Sent: Tuesday, April 27, 2010 4:45 PM To: Michele Staples Cc- dhoagr*spital.org Subject: RE: HOAG'S AGREEMENT TO CITYS RECONCILIATION OF BIDS Michele. This accurately summarizes our conversation today and reflects the follow up procedures set forth In the VB/Hoag Settlement Agreement Dennis Dennis D. O'Neil Hewitt 8 O'Neil LLP 19900 MacArthur Blvd. 41050 Irvine, CA 92612 (949) 796 -0734 (tel ) (949) 798 -0511 (fax) done)l @hemttonell. corn NOTICETORECNIENT THIS EMAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL MO MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE TRANSMISSION IF YOU RECEIVED THIS EMAIL IN ERROR ANY REVIEW USE DISSEMINATION, DISTRIBUTION. OR COPYING OF THIS EMAA IS STRICTLY PROHIBITED PLEASE NOTIFY US MMEDIATELY OF THE ERROR BY RETURN EMAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM THMX YOU IN ADVANCE FOR YOUR COOPERATION From: Michele Staples (ma4to:MStapleS*)dtplaw.com] Sent: Tuesday, April 27, 2010 4:20 PM To: Dennis D. O'Neil Cc: dlepoOnewportbaxhca.gov; Campbell, James; Pam Cooper; phihp_biaS*msn.COM; Denise D. Eger; Kathryn Casey Subject HOAGS AGREEMENT TO QTYS RECONCILIATION OF BIDS Thank you for your telephone UII this afternoon This e-mail summarizes our discussion. You gave me the good news that Hoag agrees with the City's reconciliation of bids and has Informed the City Manager's office of Its approval You expect the City Manager to Confirm this on the record at tonghts City Council hearing on the Hoag Development Agreement annual review The next step Is to proceed with notifying the Villa Balboa homeowners in the 18 units of the 260 Cagney Lane building that are subject to the window replacement program (Units 102 through107. 202 through 207 and 302 through 307) Villa Balboa will prepare a list of the names and addresses of the unit owners and will work with Hoag to prepare the notices. The homeowners will have 45 days to respond whether they want to participate In the program per Mitigation Measure PDF 3.4-1. Once we know how many of the homeowners want to participate. Hoag will deposit the full amount of the reconciled construction bid plus 20% Contingency in an escrow account payable to Villa Balboa. provide Villa Balboa the 10% administrative fee. and secure the performance bond In favor of Villa Balboa as set forth in the Settlement Agreement. section 1 Villa Balboa will make arrangements to hire a contractor for the program once Hoag provides the funding. Thanks again for Calling me with the good news. Please confirm that the above accurately summarizes Hoag's approval and the next steps I look forward to working with you On this important matter Mcne19 A Stapes. Esq Jackson I Demarco I rides I Peckenpaugn 2030 Man Street. Suite 1200 Irvine. CA 92614 (949) 651.7409 - Direct Dial (949) 233.5039 - Coil 4/27/2010 Page 1 of -2 Michele Staples sulyrret FW HOA93 AGREEMENT TO CITY'S RECONCILIATION OF SIDS From: Dennis D. O Neil (mallto:doneiloonell- Ilp.com] Sent: Tuesday, April 27, 2010 4:45 PM To: Michele Staples CC sanford.smith@hoaghospltal.org Subject RE: HOAG'S AGREEMENT TO CITYS RECONCILIATION OF BIDS Michele. This accurately summarizes our conversation today and reflects the follow up procedures set forth In the VBlHoag Settlement Agreement Dennis Dennis D. O'Neil Hewitt 8 O'Ned LLP 19900 MacArthur Blvd., #1050 Irvine, CA 92612 (949) 798 -0734 (tel.I (949) 798 -0511 (tax) doned@hewlttonedoom NOTICE TORECIPIENT TNIS EJAAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE TRANSMISSION IF YOU RECEIVED TNIS EMAIL IN ERROR, ANY REVIEW. USE DISSEMINATION, DISTRIBUTION OR COPYING OF THIS EJAAL IS STRICTLY PROHIBITED PLEASE NOT" US IMMEDIATELY OF THE ERROR BY RETURN E� AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION From: Michele Staples (maIIto:MStaples@ dtplaw.oDm] Sant: Tuesday, April 27, 2010 4:20 PM To: Dennis D. O'Neil Cc* dlepo4newportbexhca.gov; Campbell, James: Pam Cooper; philip btas�amsn.com; Denise D. Iger; Kathryn Casey Subject: HOAG'S AGREEMENT TO CITY'S RECONCILIATION OF BIDS Thank you for your telephone call this afternoon. This a -mad sumrnanzes our discussion You gave me the good news that Hoag agrees with the City's reconciliation of bids and has informed the City Managers office of Its approval You expect the City Manager to confirm this on the record at tonghts City Council hearing on the Hoag Development Agreement annual review. The next step is to proceed with notifying the Villa Balboa homeowners in the 18 units of the 260 Cagney Lane building that are subject to the window replacement program (Units 102 through 107, 202 through 207 and 302 through 307). Villa Balboa will prepare a list of the names and addresses of the unit owners and will work with Hoag to prepare the notices. The homeowners will have 45 days to respond whether they want to participate In the program per Mitigation Measure PDF 3.4-1. Once we know how many of the homeowners want to participate, Hoag will deposit the full amount of the reconciled construction bid plus 20% contingency in an escrow account payable to Villa Balboa, provide Villa Balboa the 10% administrative fee, and secure the performance bond in favor of Villa Balboa as set forth in the Settlement Agreement. section 1 Villa Balboa will make arrangements t0 hire a contractor for the program once Hoag provides the funding. Thanks again for calling me with the good news Please confirm that the above accurately summarizes Hoag's approval and the next steps. I look forward to working with you on this Important matter Whele A. Stapie6. Es0 Jackson I DeMarco I T-4uS 1 Peokenoa V 2030 Man SVW Suite 1200 IMne. CA 92514 (949) 851 -7409 - Direct Dial (949) 233.5039 - Cell 4/27/2010 Page I of 2 �r-/Zrm 40615 Page 1 of 2 Michele staple &q t FVV HOAGS AGREEMENT TO CITY'S RECONCILIATION OF BIDS From: Dennis D. O'Neil [madto:doneil®onell- Ilp.coml Sink Tuesday, April 27, 2010 4:45 PM To: Michele Staples Ca sanford.smith4hoaghospital.org Subjwt RE: HOAGS AGREEMENT TO CTTY'S RECONCILIATION OF BIDS Michele. This accurately summarizes our conversation today and reflects the follow up procedures set forth In the VBIHoag Settlement Agreement Dennis Dennis D. O'Neil Hewitt & O'Neil LLP 19900 MacArthur Blvd.. 711050 Irvine, CA 92612 (949) 796-0734 (tel.I (949) 798 0511 (fax) doneil@hemttorteii.com NOTICE TO RECIPIENT THIS EJ IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND MEANT ONLY FOR THE REVIEW AND USE OF THE NTENDED RECIPIENT OF THE TRANSMISSION IF YOU RECEIVED THIS EJMIL IN ERROR, ANY REVIEW. USE DISSEMINATION. DISTRIBUTION, OR COPYING OF THIS EA 11. IS STRICTLY PROHIBITED PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN EL L AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM TiNM( YOU IN ADVANCE FOR YOUR COOPERATION Fran: Michele Staples (mallto:1915taplesdNitplaw.mm] Sot Tuesday, April 27, 2010 4:20 PM To: Dennis 0. O'Neil Cc: dlepa dnewportbeachca.gov; Campbell, James; Pam Cooper; phillp txaS,&msn.COm; Denise 0. Iger, Kathryn Casey SubjecC HOAGS AGREEMENT TO C[TYS RECONCILIATION OF BIDS Thank you for your telephone call this afternoon. This e-mail summarizes our discussion. You gave me the good news that Hoag agrees with the City's reconciliation of bids and has informed the City Managers office of its approval You expect the City Manager to confirm this on the record at tonghtS City Council hearing on the Hoag Development Agreement annual review The next step is to proceed with notifying the Villa Balboa homeowners in the 18 units of the 260 Cagney Lane budding that are subject to the window replacement program (Units 102 throughl07. 202 through 207 and 302 through 307) Villa Balboa will prepare a list of the names and addresses of the unit owners and will work with Hoag to prepare the notices. The homeowners will have 45 days to respond whether they want to participate In the program per Mitigation Measure PDF 3.4-1. Once we know how many of the homeowners want to participate. Hoag will deposit the full amount of the reconciled construction bid plus 20% contingency In an escrow account payable to Villa Balboa, provide Villa Balboa the 10% administrative fee, and secure the performance bond In favor of Villa Balboa as Set forth in the Settlement Agreement. Section 1 Villa Balboa will make arrangements to hire a contractor for the program once Hoag provides the funding. Thanks again for calling me with the good news. Please confirm that the above accurately summarizes Hoag's approval and the next steps. I look forward to working with you on this important matter M4h*e A. Staples. Eso Jackson I DeMWOO I Tdus I Pac enpaugh 2030 Main Street Suite 1200 Irvine. CA 92614 (949) as I -7409 - Direct Pal (949) 233.5039 - Get 4/27/2010