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Home My WebLink About15 - Referendum Petition for Resolution 2016-127 - CorrespondenceReceived After Agenda Printed February 28, 2017 Item No. 15 From: Torres, Michael Sent: Monday, February 27, 2017 10:02 AM To: Brown, Leilani Subject: FW: Agenda Item No. 15 From: Matsler, Sean [mailto:SMatsler@manatt.com] Sent: Monday, February 27, 2017 9:44 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Cc: Harp, Aaron <aharp@newportbeachca.gov>; Torres, Michael <mtorres@newportbeachca.gov> Subject: Agenda Item No. 15 Mayor Muldoon and Honorable Councilmembers: I represent CCMA Urban Housing LLC, the applicant for the Museum House project. The draft ordinance included as Attachment A to the Agenda Item No. 15 staff report proposes to repeal a host of entitlements and approvals in response to the referendum petition, including Resolution No. 2016-126. That resolution certified the Museum House EIR. Even if the Council decides to rescind the Museum House General Plan Amendment resolution tomorrow night (which my client opposes), the California Elections Code does not require that the Council also de -certify the Museum House EIR. To do so would be highly unusual, particularly since that EIR was unanimously certified by the City Council and was not challenged in court by project opponents. Given all of this, I would respectfully request that the draft ordinance be revised to eliminate any references to Resolution No. 2016-126 and EIR de -certification. Regards, Sean Matsler Sean Matsler Partner Manatt, Phelps & Phillips, LLP 695 Town Center Drive, 14th Floor Costa Mesa, CA 92626 0:(714)371-2534 M: (714) 330-0797 smatsler(o)manatt.com nianatf eom CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply email and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you. Received After Agenda Printed February 28, 2017 Item No. 15 From: Richard Sungaila <sungaila@earthlink.net> Sent: Monday, February 27, 2017 11:06 AM To: Dept - City Council Subject: Museum House I am puzzled by the City Council being tone deaf to the residents and voters of Newport Beach. Just a few years ago the voters defeated Measure Y by a large margin. Despite roadblocks put up by the City Council, a petition to halt approval of Museum House was signed by more than twice as many needed within a short two week period. A City Council decision on this is pending. If a decision is made to go ahead with a Museum House ballot measure without the one thousand pages of support which were required for the Museum House petition, and the voting turns out to be in favor of going -ahead with the Museum House, I would support an effort to declare the result invalid. Because of the recent issues with the Newport Center Car Wash development and now the Museum House I wonder if there is some outside unknown influence being exerted on the City Council which is causing them to ignore the wishes of the resident voters. It is worth considering in the next election cycle. Respectfully, Richard Sungaila 1827 Port Stanhope PI Newport Beach, CA 92660 949-760-0847 Received After Agenda Printed February 28, 2017 Item No. 15 From: Bonnie McClellan <bonniemcclellan43@msn.com> Sent: Tuesday, February 28, 2017 10:05 AM To: Dixon, Diane Subject: Museum House I urge you to rescind the councils vote on Museum House . Bonnie and Jerry McClellan Received After Agenda Printed February 28, 2017 Item No. 15 From: Libby Huyck <libonlido@aol.com> Sent: Tuesday, February 28, 2017 11:01 AM To: Dept - City Council Subject: Bayside and Museum House Dear Council Members, I cannot make meeting tonight but do have some comments Concerning Bayside Drive, which I drive everyday, I cannot imagine changing a perfect 4 lane road into smaller roads. No sense. There may be a few accidents at night, which are concerning, but I would mitigate that problem with speed radar guns that can snap photos of speeders. And alternative methods rather than changing the entire road. We have much more urgent projects than that one. Concerning Museum House, it deeply troubles me that you made it excessively difficult (10 Ib petition) to get citizen input on this very controversial project. I have circulated hundreds of petitions and never have I had to carry that bulk around. And the ridiculous name calling and lies, not just by Related and OCMA and whomever else (Scott Peotter with ugly creatures) really demeans the political process here. And understandably people feel disenfranchised with all this confusion. Can the Council pass a measure to penalize with fines any campaign literature (issues or candidates) who spread blatant lies #fakenews as they say? And it was very disturbing that this controversial project was brought up around holiday time, a deliberate attempt to make sure people are too busy to notice what YOU are doing. I have seen this many times in politics. Very disingenuous. #DraintheSwamp is what I would say. Anyway, I feel strongly (again) that the development that Irvine just finished (San Joaquin Hills) is the ugliest conglomeration I've ever seen. And many people I know here feel the same way. We don't want Irvine here in Newport Beach. I know Dave Ellis is trying his hardest to push these projects through via the City Council, but please listen to us, the people. Please rescind TONIGHT. I know you do a lot of GOOD work on the Council so I do not want to take away from that. And I do thank you for your service to our city. We live in a lovely area and we all want to keep it that way. Thank you for hearing my concerns. Best, Libby Huyck 220 Via Mentone Newport Beach, CA 92663 From: City Clerk's Office Sent: Tuesday, February 28, 2017 1:45 PM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: THE ELECTION From: Kiff, Dave Sent: Tuesday, February 28, 2017 1:44:38 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: THE ELECTION Item #15 for the record. -----Original Message ----- From: Robert McCaffrey [mailto:rtmccaffrey@yahoo.com] Sent: Tuesday, February 28, 2017 12:27 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: THE ELECTION PLEASE LET THE CITIZENS VOTE ON THE PROJECT. THANKS, BOB MCCAFFREY 1 Received After Agenda Printed February 28, 2017 Item No. 15 Received After Agenda Printed February 28, 2017 Item No. 15 From: City Clerk's Office Sent: Tuesday, February 28, 2017 1:49 PM To: Mulvey, Jennifer, Rieff, Kim Subject: FW: Regarding: Item #15, February 28, 2017 Agenda Importance: High From: Todd Smith Sent: Tuesday, February 28, 2017 1:48:37 PM (UTC -08:00) Pacific Time (US & Canada) To: Dept - City Council Cc: Kiff, Dave; City Clerk's Office Subject: Regarding: Item #15, February 28, 2017 Agenda February 28, 2017 Honorable Mayor Kevin Muldoon & City Council Members 100 Civic Center Drive Newport Beach, CA 92660 Via Email: citycouncil@newportbeachca.gov Regarding: Item #15, February 28, 2017 Agenda Dear Mayor Muldoon & City Council Members, Given the Orange County Museum of Art's serious concerns about the referendum petition's compliance with California law, we kindly request that you do not vote this evening to rescind this project. We respectfully ask, instead, that you vote on an option to delay any vote until after a decision in the museum's pending claim on the petition's compliance with California law. This claim is now before the Superior Court of Orange County. Sincerely, Todd D. Smith Todd D. Smith Director and CEO Orange County Museum of Art 850 San Clemente Drive Newport Beach, CA 92660 Tel: 949.759.1122, x201 www.ocma.net