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HomeMy WebLinkAboutProperty Surplus - Beacon BayCITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER JUN i. 1y70 By the CITY COUNCIL CITY, of NEwa®gT BEACH TO: MAYOR AND CITY COUNCIL FRCM: City Manager SUBJECT: BEACON BAY PROPERTY May 18, 1970 SS Item N6 In January the attached preliminary analysis of alternatives avail- able to the City with respect to the future use of the City -owned Beacon Bay property was received from the firm of Development Research Associates and forwarded to the City Council for information purposes. Partially as a re- sult of the Balboa Bay Club election held during the preceding week, this matter was never formally reviewed at any Study Session or regular Council meeting subsequent to the submittal of the report. Development Research Associates was advised in writing in January not to spend any more time-on this project until given further notice from the City. Approximately $1,900 of a $5,000 appropriation had been paid to DRA up to that point and completion of the study has been held in abeyance until such time as the City Council expressed itself to desire a more thorough documentation of the long -range alternatives relative to the use or. disposition of the property. You will note that the preliminary documentation of alterna- tives includes a recommendation on Page Five of the report that the City retain the services of an appraiser to document the current values of the property as it relates to those who have any financial interest in the Beacon Bay community. Such an appraisal may necessary if the City intends to take any action at this time regarding the future use and /or disposition of the property. This would also be particularly desirable if the electorate is to inevitably be asked to decide what the ultimate disposition of the property should be. It is estimated that a full appraisal of the property would cost approximately $10,000. Whether any further effort should be undertaken with regard to the property in question at this time is a matter which the City Council will have to determine. It would seemingly be. desirable for the City Council to express itself on the following two questions: _ 2 - 1. Should the City proceed further with the firm of Development Research Associates to complete the economic analysis which that firm addressed itself to in late 1969, or should that contract be officially terminated in view of the recent lease extension request withdrawal by the Beacon Bay Community Association (copy attached); and 2. Should the City have the Beacon Bay property formally appraised as a means of assisting the City in making decisions regarding the alternatives which have been set forth in the preliminary DRA report, ie. trade the property for Civic Center property at Newport Center, etc. The City staff will appreciate some direction on this matter one way or the other in order that this project will not be further held in limbo and in order that desired actions by the City Council can be reflected through appropriate expenditure projections to be set forth in the fiscal 1970 -71 municipal budget. HLH:JPD:sr Atts . HARVEY L. HURLBURT To- The City of Newport Beach January 16, 1970 1903.02 Attention: James D. DeChaine Assistant City Manager From: Development Research Associates Subject: ANALYSIS OF THE crry'S ALTERNATIVES WITH RESPECT TO RESOLVING INHERENT LEASING PROBLEMS ON THE PROPERTY KNOWN AS THEIR BEACON BAY LEASEHOLD METHOD OF APPROACH To determine the ' various alternatives available to the city with respect to the subject property, the following approach has been taken: 0 Study and review of the present Beacon Bay lease between the city and the lessee. 0 Analysis of the 1967 appraisal covering the subject property. o' Investigation of the objectives of the Beacon Bay Community Association. 0 Review of the sections of the City Charter pertinent to the extension of leases on City property. o Review of the sections of the State Constitution in addition to pertinent adjudication relevent to the sale, grant, or trade of tidelands. o Analysis of existing and potential land uses for the property. 0 Analysis of the subject property as a possible investment for a developer.' Memo to The City of Newport Beach . Page Two January 16, 1970 i OBJECTIVES AND ALTERNATIVES Our analysis has resulted in the categorization of four distinct groups which have an interest in the subject property. These groups include The City of Newport Beach, The Beek family, The Beacon Bay Community Association, and The Irvine Company. On the basis of preliminary surveys, we have investigated each group's expressed objectives with respect to the property. Table 1 delineates these objectives for the reader. i i TABLE 1 OBJECTIVES OF THE GROUPS RELATED TO THE CITY'S BEACON BAY LEASEHOLD The City, 1. As a lessor, realize a fair return on the Beacon Bay Leasehold. 2. As a landowner, realize a maximum return on the property it owns. 3. As a municipality, prevent deterioration and promote the public's welfare in the subject area. The Beeks 1. As the master lessee, maximize profits from subleasing lots in the Beacon Bay leasehold. 2. As an investor, maximize return on invest - ment. Beacon Bay Community Association 1. As individual homeowners,. extend the length of the lease so as to qualify for necessary financing. .2. As an association, achieve autonomy by becoming the master lessee, or provide for individual homeowners leases. Irvine Company 1. As a residential developer, gain access to the water for its property directly to the north of the subject property. 2; As a developer, acquire additional land to increase the value and marketability of its present holdings. . = 't ".�- '�'.s."d'�� "'z "' F �. 5_.k� sue• �_ _� c-=- � �r _s. ... Memo to The City of. Newport Beach Page Four January 16, 1970 An analysis of the objectives'of each group (see Table 1) assists in an under- standing of their alternatives. The alternatives open to each group, as can be seen in Table 2, act to deter the entire group from arriving at mutual satisfac- tion. I TABLE 2 ALTERNATIVES OF THE GROUPS RELATED TO THE CITY'S BEACON BAY LEASEHOLD The City 11 Establish value and proceed to negotiate an extension on all or part of the Beacon Bay leasehold. 2. Let lease expire and subsequently hold, sell or trade subject property. 3. Purchase all or part of the master lessee's interest so as to -accelerate control or transfer. The Beeks 1. Maintain status as the master lessee. 2. Establish value of it's interests and completely or partially sell such interest. Beacon Bay Community 1,, Establish value of the leasehold and proceed Association to negotiate with the Beacon Bay lessor and/ or the master lessee. 2. Establish value of the master lessee's interests and negotiate a purchase. Memo to The City of Newport Beach Page Five January 16, 1970 TABLE 2 (Continued) ALTERNATIVES OF THE GROUPS RELATED TO THE CITY'S BEACON BAY LEASEHOLD 1. Promote condemnation proceedings on the easterly portion of the Beacon Bay Leasehold so as to subsequently secure access to the water from the City. 2. Purchase or trade for any available land in the subject area. 3. Negotiate with master lessee and the City for water access within the framework of existing leases, ANALYSIS OF ALTERNATIVES We believe an ,analysis of the City's alternatives to be pivotal in creating mutual satisfaction for all involved. Primarily, the City, must determine its course of action. In any•event, a new appraisal of the subject property should be undertaken. Recent developments have tended to invalidate the original appraisal analysis. Not only will the appraisal contribute invaluable input in arriving at the disparity between the value of the City's yearly return on the lease and what in fact the City presently receives, but it could serve as a basis for part or all of the subject property's sale or trade. Memo to The City of Newport Beach Page Six January 16, 1970 o Appraisal of Master Lessee's Position (Beek) o Westside Addition o Bayfront Sector o' Interior Sector o Yacht Basin o Fee Value of Land o Westside Addition o Bayfront Sector o' Interior Sector o Yacht Basin o Impact on Beacon Bay land value if Bayside Drive is relocated, making existing Bayside Drive into a cul -de =sac. ADDITIONAL CONSIDERATIONS The previously recommended appraisal will provide key data for our analyses of the full range of alternatives open to The City of Newport Beach. However, we believe the following considerations should be stressed at this point: o A trading of tidelands for uplands will be necessary to effect a possible sale_ of the residential portions of the subject. However we believe that this consideration must be treated as a separate alternative. o Alternatives for renegotiating the current lease should be fully analyzed. o Public usage of the Yacht Basin should be considered. Acquisition of the current lease interest prior to expiration of the lease is a relevant alternative. o Eventual public usage the residential areas should be considered as an alternative. o An equitable lease renegotiation could be effected independently of and prior to any possible sale of all or a portion. MCClark:jg . s 37S r \ �qf . F &ETAVII. 3D ONA 'Lij-1; January 27,-1970 Mr. Harvey Hurlburt, City Manager City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, California 92660 Dear Harvey: I am not going to waste your time or my breath discussing further a possible extension of the Beacon Bay lease. The citizens of this community earlier, this month pretty well expressed their feelings on the matter. However, if you are still interested in exchanging the Beacon Bay land for a community center location with Irvine Company, I may be able to be of some help. In discussing the possibility with some people at Irvine, I find that they would be willing to make such a trade. As a matter of fact, there is some enthusiasm for such a trade. At.the same time, there Is some apprehension on their part regarding some of.the items involved. If you have some time in the next couple of weeks, why don't we discuss it, My office is now located adjacent to the Orange County Airport. My phone c number, is 540-5045. , Please, give -me a -all at your convenience. J Yours very trulyi Al a Donald W. haw Beacon Ba Co unity As clation DWS/le'. V� 4 ..T6;qpitqne&,666-_1411 : �­; .CITY OF NTWPORT BEACH OFFICE OF THE CITY MANAGER January 22, 1970 TO: CITY MANAGER FROM: Assistant City Manager SUBJECT: BEACON BAY PROPERTY Attached you will find a preliminary analysis of some of the alternatives available to the city with respect to the future use of the city owned Beacon Bay property. This analysis is intended to be a prelim- inary progress report by Development Research Associates which has been studying this property for the past two months. You will note that in considering these alternatives they have recommended 'on Page Five of the memorandum that the city retain the services of an appraiser to dociment the current values of the property as they relate to each of the various parties who have a financial interest in the Beacon Bay camnunity. It is my firm belief that such an appraisal will be necessary' before the city is able to take any action regarding the future use and /or disposition of the property. In my opinion this appraisal should not simply be an updating of the George Hamilton Jones appraisal performed in 1967 for the Beacon Bay Community Association, but rather a separate appraisal under- taken as soon as possible by a different appraiser retained by the city. This is particularly desirable in view of the inevitable involvement of the voters in the community who must be asked to decide what the city is to do with this property. I have taken the liberty to check with Cedric White to determine his availability to undertake this assignment and what the probable cost of the appraisal would be. Mr. White has estimated that it would cost in the vicinity of $10,000 to undertake the type of appraisal needed to provide the information needed to assist us with any future consideration of the alter- natives summarized in the DRA progress report. It would be my recommendation that this matter be reviewed with the City Council during the study session next Monday. While it would take many months to complete this appraisal, Mr. White has indicated that a meaningful determination on the economic impact upon the Beacon Bay property by the development of the Promontory Point property by the Irvine Company could be made within thirty days as a part of this appraisal effort, or at a cost not to exceed $500 under a separate contract. JAMES P. DeCHAINE JPD:sr Attachment CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 1$, 1970 SS Item N6 TO: MAYOR AND CITY COUNCIL FROM: City Manager In January the attached preliminary analysis of alternatives-avail- able to-the City with respect to the future use of the City -owned Beacon Bay property was received from the firm of Development Research Associates and forwarded to the City Council for information purposes. Partially as a re- sult of the Balboa Bay Club election held during the preceding week, this matter was never formally reviewed at any Study Session or regular Council meeting subsequent to the submittal of the report. Development Research Associates was advised in writing in January not to spend any more time on this project until given further notice from the City. Approximately $1,900 of a $5,000 appropriation had been paid to DRA up to that point and completion of the study has been held in abeyance until such time as the City Council expressed itself to desire a more thorough documentation of the long -range alternatives relative to the use or.disposition of the property. You will note that the ,preliminary documentation of alterna- tives includes a recommendation on Page Five of the report that the City retain the services of an amraiser to document the current values of the property as it relates to those who have any financial interest in the Beacon Bay cammtmity. Such an appraisal may be necessary if the City intends to take any action at this time regarding the future use and /or disposition of the property. This would also be particularly desirable if the electorate is to inevitably be'asked to decide what the ultimate disposition of the property should be. It is estimated that a full appraisal of the property would cost approximately $10,000. Whether any further effort should be undertaken with regard to the property in question at this time is a matter which the City Council will have to determine. It would seemingly be desirable for the City Council to express itself on the following two questions: - 2 - 1. Should the City proceed further with the firm of Development Research Associates to "iromplete the economic analysis which that firm addressed itself to in late 1969, or should that contract be officially terminated in view of the recent lease extension request withdrawal by the Beacon Bay Commnmity Association (copy attached); and 2. Should the City have the Beacon Bay property formally appraised as a means of assisting the City in making decisions regarding the alternatives which have been set forth in the preliminary DRA report, ie. trade the property for Civic Center property at Newport Center, etc. The City staff will appreciate some direction on this matter one way or the other in order that this project will not be further held in limbo and in order that desired actions by the City Council can be reflected through appropriate expenditure projections . to be set forth in the fiscal 1970 -71 municipal budget. HLH:JPD:sr Atts. m E._.- alJi P1: 4� M k Q P - MEMORANDUM To: The City of Newport Beach January 16, 1970 1903.02 Attention: James D. DeChaine Assistant City Manager From: Development Research Associates Subject: ANALYSIS OF THE CITY'S ALTERNATIVES WITH RESPECT TO RESOLVING INHERENT LEASING PROBLEMS ON THE PROPERTY KNOWN AS THEIR BEACON BAY LEASEHOLD METHOD OF APPROACH To determine the various alternatives available to the city with respect to the subject property, the following approach has been taken: o Study and review of the present Beacon Bay lease between the city and the lessee. o . ` Analysis of the 1967 appraisal covering the subject property. o Investigation of the objectives of the Beacon Bay Community Association. o Review of the sections of the City Charter pertinent to the extension of leases on City property. o Review of the sections of the State Constitution in addition to pertinent adjudication relevent to the sale, grant, or trade of tidelands. o Analysis of existing and potential land uses for the property. o Analysis of the subject property as a possible investment for a developer. ,- 2�y:" ,, RBSSARCH. ASSOCIATES Memo to The City of Newport Beach Page Two January 16, 1970 OBJECTIVES AND ALTERNATIVES Our analysis has resulted in the categorization of four distinct groups which have an interest in the subject property. These groups include The City of Newport Beach, The Beek family, The Beacon Bay Community Association, and The Irvine Company. On the basis of preliminary surveys, we have investigated each group's expressed objectives with respect to the property. Table 1 delineates these objectives for the reader. RSSEARCH ASSOCIATES The City The Beeks TABLE 1 OBJECTIVES OF THE GROUPS RELATED TO THE CITY'S BEACON BAY.LEASEHOLD 1. As a lessor, realize a fair return on the Beacon Bay Leasehold. 2. As a landowner, realize a maximum return on the property it owns. 3. As a municipality, prevent deterioration and promote the public's welfare in the subject area. 1. As the master lessee, maximize profits from subleasing lots in the Beacon Bay leasehold. 2. As an investor, maximize return on invest- ment. Beacon Bay Community 1. As individual homeowners, extend the length Association of the lease so as to qualify for necessary financing. 2. As an association, achieve autonomy by becoming the master lessee, or provide for individual homeowners leases. Irvine Company 1. As a residential developer, gain access to the water for its property directly to the north of the subject property. - :2. As a developer, acquire additional land to increase the value and marketability of its present holdings. t w¢ ,e''''', �4e` \e�111. ;6 = Maenni; MVM,OPMBNT AESHA.ACH ASSOCIATES AaM '.i131111 Memo to The City of Newport Beach Page Four January 16, 1970 An analysis of the objectives of each group (see Table 1) assists in an under- standing of their alternatives. The alternatives open to each group, as can be seen in Table 2, act to deter the entire group from arriving at mutual satisfac- tion. TABLE 2 ALTERNATIVES OF THE GROUPS RELATED TO THE CITY'S BEACON BAY LEASEHOLD The City, 1. Establish value and proceed to negotiate an extension on all or part of the Beacon Bay J leasehold. 2. Let lease expire and subsequently hold, sell or trade subject property. 3. Purchase all or part of the master lessee's interest so as to accelerate control or transfer. The Beeks. 1. _ Maintain status as the master lessee. 2. Establish value of it's interests and completely or partially sell such interest. Beacon Bay Community Association rw 1. Establish value of the leasehold and proceed to negotiate with the Beacon Bay lessor and/ or the master lessee. Establish value of the master lessee's interests and negotiate a purchase. RESEARCH ASSOCIATES. Memo to The City of Newport Beach Page Five January 16. 1970 TABLE 2 (Continued) ALTERNATIVES OF THE GROUPS RELATED TO THE CITY'S BEACON BAY LEASEHOLD Irvine Company . 1. Promote condemnation proceedings on the easterly portion of the Beacon 'Bay Leasehold so as to subsequently secure access to the water from the City. 2. Purchase or trade for any available land in the subject area. 3. Negotiate with master lessee and the City for water access within the framework of existing leases; ANALYSIS OF ALTERNATIVES We believe an analysis of the City's alternatives to be pivotal in creating mutual satisfaction for all involved. Primarily, the City must determine its course of action. In any event, a new appraisal of the subject property should be undertaken. Recent developments have tended to invalidate the original appraisal analysis. Not only will the appraisal contribute invaluable input in arriving at the disparity between the value of the City's yearly return on the lease and what in fact the City, presently receives, but it could serve as a basis for part or all of the subject property's sale or trade. Information especially necessary includes: o Appraisal of City's Position o Westside Addition o Bayfront Sector o Interior Sector o Yacht Basin { TEVELOPMENT RESEARCH ASSOCIATES Memo to The City of Newport Beach Page Six January 16, 1970 o Appraisal of Master Lessee's Position (Beekl. o Westside Addition o Bayfront Sector o Interior Sector o Yacht Basin o Fee Value of Land o Westside Addition o Bayfront Sector o' Interior Sector o Yacht. Basin o Impact on Beacon Bay land value if Bayside Drive is relocated, making existing Bayside Drive into a cul -de -sac. ADDITIONAL CONSIDERATIONS The previously recommended appraisal will provide key data for our analyses of the full range of alternatives open to The City of Newport Beach. However, we believe the following considerations should be stressed at this point: o A trading of tidelands for uplands will be necessary to effect a possible sale of the residential portions of the subject. However we believe that this consideration must be treated as a separate alternative. o Alternatives for renegotiating the current lease should be fully analyzed. o Public usage of the Yacht Basin should-be considered. Acquisition of the current lease interest prior to expiration of the lease is a relevant alternative. o Eventual public usage the residential areas should be considered as an alternative. o An equitable lease renegotiation could be effected independently of , and prior to any possible sale of all or a portion. , MCClark: jg ..� �.;..,.; /,er�nre� ii'c . ,p ;?•.- rr�;,�..,t ;. _x 3N�,,,!.`. ,_arc,_,�.y_� .x:DBiVELOPMENT.RESEARCH ASSOCIATE8,44MII����� DONALD F S ITEAW t�ly>J�r_r� 1�!hrl�✓ \fin %w� January 27,1970 ' Mr. Harvey Hurlburt, City Manager ` City of Newport Beach City Hall 3300 Newport Blvd. F Newport Beach, California 92660 Dear Harvey: 1 am not going to waste your time or my breath discussing further a possible extension of the Beacon Bay lease, The citizens of this community earlier. 'this month pretty well expressed their feelings on the matter. However, if you are still interested in exchanging the Beacon Bay land for a community center location with Irvine Company, I may be able to be of some help. In discussing the possibility with some people at Irvine, I find that they would be willing to make such a trade. As a matter of fact, there is some enthusiasm for such a trade. At.the same time, there is some apprehension on their part regarding some of.the items involved. If you have some time in the next couple of weeks, why don't we discuss it.' My office is now located adjacent to the Orange County Airport. My phone ..number, is 540 -5045. Please give-me a call at your convenience. Yours very t&aw Donald W,It Beacon Be 0WS /le 11y 7901 Blake Avenue a 'Los Angeles. Collfornia 90039. a Arco Code 213, Telephone, 666 -1411 - .. u .. ♦,�,..___ sI1J. -..��_ 1.w - W�_� lk_i */._ML__,.. MAL - ♦___ /'..J_ VIA --- !.w'ew.e May 25, lE70 Mr. Richard S. Stevens Bice President Balboa Bay Club 1221 west Coast 1;iglnjay Newport Reach, California 92660 Dear Dick- Your interest .u,d comments on City -ovmed properties is appreciated. I apologize for being slow in answering - I arm getting organized. The City does have a complete file of all City - owned properties. A st:uty has been wader way for some time to establish the best long -time use of. these parcels. A year or so ago the priority of this activity was advanced. The assistance of the Costa Mesa - Newport Beach Realty :bard was obtained to increase the productivity of the old &.mip site in West Newport and the City - owned property in Ihuitington Reach. As a r,:.sult, the property i:: I:u:itington ,:each was leased, but M jectiC�,s from the City of Huntington Bead° has required a re- examination of this situation. We are now considering the possibility of selling this property. Lindsley parsons has been active in promoting legislation for th -a capping Of non - productive oil wells. '11he completion of this will put us in a 1x;sition to make more profitable use of other properties in 1Wtin „ton Beach. We are also actively following the opportunity to make productive use of the old dump site. Your interest is ;greatly appreciated and any suggestions will be welcome. If you wish further information, please contact Harvey and ne. Very truly yours, E. F. HIRT11. Mayor EFH:pg cc: Harvey L. lfuriburt City Manaffer AY CLUB 1221 WEST COAST HIGHWAY . NEWPORT BEACH, CALIF. 92660 / (714) 5482211 May 6, 1970 RECEIVED MAY.; 197p cy11 mayor The Honorable E. F. Hirth City Of New Pert Mayor, City of Newport Beach Beach Newport Beach, California R' Tl /\ ` Dear Ed: The purpose of this letter is to inquire as to the status and progress of the inventory and master planning of all city -owned property. As you know, during our recent election the Daily Pilot based its lack of endorsement to our cause upon the pri- mary point that the City was condr$ting such a study and that a decision should. not be reached. with respect to long -range utilization of the property until after this study was completed. As you may recall the Pilot also stated, in effect, that such a study was long overdue and that the City had been delinquent in not tackling this assignment sooner. I am certainly not seeking to blame anyone for the past; however I'm most concerned that this study be moved forward with a high priority. I'm sure that the City Council doesn't want to make any decisions with respect to extension of the American Legion lease or the Beacon Bay lease until the results are in. As one of the key leaders in the development of the Newport Tomorrow program, I know that you share my concern for the rapid development and execution of the master plan. I would not only like to offer our services in this direction but to request that we be included in the discussion and. study so that our problems and viewpoint may assist those making the decisions in reaching their conclusions. ncerelpy��, and S L ns Vice President cc: Mr. Harvey Hurlburt CITY OF NEWPORT BEACH TO: CITY MANAGER FROM: Assistant City Manager /� n' March 4, 1969 SUBJECT: PARTIAL LIST OF CITY PROPERTIES WHICH COULD RECEIVE MORE EXTENSIVE USE (EXCLUSIVE OF BEACON BAY AND BALBOA BAY CLUB) Nam 'Of Property Location of Property Present Use City Dump Property Extension of 19th and Abandoned borrow pit and Whittier, Newport Beach refuse area. This 40 acre parcel previously used for City dump and gravel mining operation. Dormant at present time. Development proposals to be solicited. Webber Oil Lease Bouchard and Hamilton This 4.8 acre parcel Property Huntington Beach encumbered with oil lease dated 1951. Lease dominates central 2.5 acres of property until such time as oil is no longer produced, despite 1971 tentative expiration date. Estimated current revenue from oil production is $550 per year. Brookhurst and Southeast corner of This 1.99 acre parcel formerly! Adams Property Brookhurst and Adams used-as supplement to City Huntington Beach water system. Presently being used for outdoor bill- board advertising purposes with approximate return of $550 per month. Pending outcome of updating of appraisal report, long -term lease(s) to be negotiated for use of entire property assuming abandoned water wells can be placed underground and.access assured by easement. (continued) City Manager Page 2 March 4, 1969 Name of Property Location of Property Present Use Abandoned Sewage Northeasterly of Newport This 7 acre parcel is former Treatment Plant Shores Residential site of City sewage treatment Community, Adjacent to facility. No use at present Santa Ana River and time. Among possible uses Orange County Flood which have been discussed Control Channel is a possible interim out- door pistol range to serve needs of Police Department until new police building is constructed. American Legion 15th and Bay Avenue Present lease with American Property Legion expires 1976. Possible uses of property at that time include conversion to public beach, development of City marina, expansion of Marina - Park trailer facility, or extension of lease with American Legion. West Newport Water 16th and Monrovia This 1 acre site holds two Property abandoned water storage tanks and a number of miscellaneous structures previously used by the water division. In addition, the property has an extensive network of active underground water lines which serve the West Newport area. One of the two water storage tanks is useable and will be in operation as an equalizing reservoir as the West Newport area becomes more intensely developed. This property is also being used by KOCM Radio and Newport Cablevision for radio and CATV transmitting facilities. The KOCM lease also provides for a small storage and transmitting building. The Public Works strenuously objects to any other use of the property which would interfere with the exist- ing water lines and future water uses of the property. JPD;ep JAMES P. DE CHAINE w. VORONAEFF REALTY CO. ARE CODE (714) 646.1200 1515 WESTCUFF DRIVE - UI-M -205 i JU- NEWPORT BEACH. CALIFOR �•_ iJ / ) March 27, 1969 ✓ � Mr. Harvey Hurlburt City Manager F City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92660 % Dear Mr. Hurlburt: I am President of Voronaeff Realty Co. in Newport Beach. I specialize in selling large investment properties. Why has the City of Newport Beach selected Coldwell Banker Company to exclusively represent the City of Newport Beach in real estate matters? Do any elective officials, appointive officials, or City employees own stock in Coldwell Banker Company? Options to purchase stock in Coldwell Banker Company should be disclosed, if any, and also future purchase of Coldwell Banker Company stock should be prohibited by any elective official, appointed official, or City employee of Newport Beach if Coldwell Banker Company has exclusive representation of Newport Beach. All realtors should be allowed to present their clients' offers on City of Newport Beach property that is for sale or lease. This would allow the citizens to benefit from the best offer. Coldwell Banker Company would only be exposing property to their clients, and clients of other Orokers would not be exposed to it. It is not a standard procedure for cities or owners of large investment properties to give exclusive right to sell to one broker or company, as large properties need broad exposure. A city should not give an exclusive right to sell to one broker or company. The City could advertise the property, take offers from all brokers and also retain the right to sell or lease directly without a broker. Dealing Mr. Harvey Hurlburt March V. 1969 Page 2 with all brokers would insure the highest sales price or lease amount to the City. U the City needs expert advice to market the property through all brokers, I would disqualify myself from selling or leasing any property owned by the City of Newport Beach, and offer my time free of charge as a consultant to the City of Newport Beach. Sincerely. � Don Vorov naeiff. I - SRA DV:mw cc: The Mayor, City of Newport Beach 4.: The City Council, City of Newport Beach /Veaposd a444on - Me" / o"d al Rea&&%%, 401 N. NEWPORT BLVD., NEWPORT BEACH, CALIF. 92660 TELEPHONE 646 -1671 April 7, 1969 TO: CITY COUNCIL, CITY OF NEWPORT BEACH FROM: NEWPORT HARBOR -COSTA MESA BOARD OF REALTORS SUBJECT: DISPOSITION OF CITY'S SURPLUS PROPERTIES. BOARD OF DIRECTORS J. PETER RARRETT PRESIDENT CHARLES S. DREYER FIRST VICE PRESIDENT CHARLES F. COLESWORTHY SECOND VICE PRESIDENT JAMES B. WOOD SECRETARY.TREASURER JOE CLARKSON CURT DOSH ARTHUR E. GORDON WILLIAM C. RING PERRY ZIMMERMAN GLENN MARTIN EXECUTIVE OFFICER EVALYN RUNING ADMINISTRATIVE SECRETARY The Directors of the Newport Harbor -Costa Mesa Board of Realtors submit the following recommendations and suggestions: 1. It is suggested the City solicit consultation and market- ing proposals from other firms and /or individuals with reference to the disposition of surplus properties of the City of Newport Beach. 2. Should the City so desire, the Board of Realtors will appoint a committee to assist in evaluating and /or analyz- ing proposals submitted. 3. It is suggested that all properties should be submitted on an Open (bid) basis, and the broker or brokerage firm sub- mitting an offer acceptable to the City should be paid a commission in accordance with the schedule of commissions published by the Los Angeles Board of Realtors. Respectfully submitted, ,:: n ""j� J. Peter Barlett, President Newport Harbor -Costa Mesa Board of Realtors SIrI,QN:' FILE LV w� fl �fi ' & REAL ESTATE ADVISORY COMMITTEE COMMITTEE MEMBERS: John T. Boyd, Jr., Realtor. Business Address: 3629 East Coast Highway, Corona del Mar, Tel: 675-5930 Residence: 1600 Warwick Lane, N.B. ri'el: 548 -4743 William D. Clark Business: Goosen & Clark, 4500 Campus Drive, N. B. 546-2055 Residence: 2421 Sierra Vista, N. B. 548-2564 Curt E. Dosh, Realtor. Business: .1730 West Coast Highway, Newport Beach 642 -6472 Residence: 1606 Santanella, Corona del Mar 673-3468 R.C. Greer, Realtor, Business: 3355 Via Lido, Suite 205, N.B. 673-9300 Residence: 1127 Berkshire Lane, Newport Beach 646-7980 Robert S. Hirsch, Business; Coldwell, Banker a; Co., 2200 East Coast-Highway. 675 -2000 Residence:. 2105 East Balboa Boulevard, Balboa 675-2047 Richard Kimble, Business, United California Bank, 2712. West Coast Highway 646 -2431 George Hamilton Jones, M.A.I. Business: 3471 Via Lido, Suite 207 673.6733 Residence:. 904 South Bay Front 673 -3427 ALTERNATES: Robert Fleming, Realtor, Business: 3700 Newport Boulevard 675-2464 ` Residence: 2003 Baja, Newport Beach 644 -2158 G.E. "John" Semple, Realtor Business: 2515 East Coast Highway, CdM 675-2101 Residence: 572 Seaward,Road, Corona del Mar 673-4969 EX- OFFICIO: J. Peter Barrett, President, Realty Board. Business: 1605 Westc.li'ff Drive 642 -5200 Residence': 231 Kings Place 548 =6646 Glenn Martin, Executive Officer, Realty Board Business: 401 North Newport Boulevard 646 -1671 Residence: 4807 Cortland Drive 673-4038 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER C O N F I D E N T I A L TO: MAYOR AND CITY COUNCIL FROM: City Manager L: 9_ k "X 'v w w SUBJECT: SELECTION OF REALTY FIRM ASSIST ITY REAL ES MATTERSi j As instructed by the Cit o cil, the staff has pre red is orica l information on the Brookhurst and Adams property and has met with the NewportCPLI�c Harbor Costa Mesa Realty Board Executive Committee. I will review these matters herein and outline possible courses of action. April 4, 1969 STUDY 'SESSION AGENDA ITEM 7 I think it should be kept in mind that the City Council was anxious to proceed at an early date with the leasing or sale of certain City properties in order to maximize net revenue which might be accumulated for civic center financing purposes. On this basic premise, I feel that the City Council took the proper approach. However, if it is considered important to appease some of our local realtors for public relations purposes, then there are definitely other courses of action which should be followed. Contrary to what some of the realtors in the community may contend, there are not many firms which have in house capability of providing appraisal information services, conducting their own economic market feasibility studies, and preparing extensive land use data necessary for any meaningful analysis and organized program of evaluation. While there may be a few well- qualified firms in the Newport Beach area with this capability other than Coldwell Banker, and while it is possible that the City could have chosen another firm, addi- tional time would have been lost in the process without any offsetting technical or economic advantage to the City. Several of the responsible realtors in the community with whom we have talked during the past two weeks have agreed that Coldwell Banker and Company is a very capable firm and has the talent within its organization to very capably assist the City with this project. Many of these realtors also recognize that much of the negative reaction from • few of their colleagues is predicated upon the conclusion that they may lose • possible commission on the leasing transactions if Coldwell Banker and Company is retained on an exclusive basis. As the letter of proposal from Coldwell Banker and Company indicates, they "agree to share commission with any licensed real estate broker acceptable to you (City), it being under- stood, however, that Coldwell Banker and Company shall not be obligated to accept as its share less than one -half of the regular commission rate." This clearly provides for the sharing of commissions in such instances where any given realtor in the community submits a firm lease proposal on behalf of a qualified client for which that particular realtor is acting on an exclusive basis. Should that particular client submit one of the most favorable lease proposals, there is an excellent opportunity for that particular real estate broker to share with Coldwell Banker and Company any real estate commissions involved. Mayor and City Council Page 2 April 4, 1969 Jim DeChaine met with the Executive Committee of the Newport Harbor Costa Mesa Board of Realtors on Tuesday, April 1. It was a very friendly session with none of the approximately ten members present reflecting any signs of hostility or bitterness during the meeting. Members present recog- nized that it is merely a handful of their over eight hundred member repre- sentatives that have expressed any major opposition to the City retaining the services of a single realty firm to assist with the project. While many other realtors have obviously sided with their colleagues, many are not as concerned as long as the end result is the most economically advantageous to the City. At this meeting, it was learned that Pete Barrett, President of the Board, had made contact with Mr. George Coffin, one of approximately thirty so- called real estate counselors in Southern California, for an outside independent reaction. While Mr. Coffin apparently indicated that it was perfectly accept- able to utilize the services of a firm such as Coldwell Banker and Company, it was his suggestion that the City probably should have solicited bid proposals from other qualified realty firms in the area before making any decision to retain the services of any one particular firm. Mr. Coffin suggested that it might be well for the City to consider allowing the Newport Harbor Costa Mesa Board of Realtors to establish a Committee which would call for and review these proposals submitted to the City for consideration. Mr. Coffin indicated that the real estate market should be saturated with information pertaining to these proposals and that all proposals should be considered on an open bid basis. Mr. Coffin apparently suggested that if a firm like Coldwell Banker was used, that it be retained on an over -ride basis, i.e., the City pay them a separate commission for the analysis work which they would undertake and thereby enable all realtors in the area to have an equal opportunity to sub - mit lease or sale proposals on a non - exclusive and full commission basis for consideration by the Committee which would be established by the realty board. If a firm such as Coldwell Banker and Company was not retained, it would likely be necessary for the City to retain the services of a qualified M.A.I. appraiser, another firm to conduct economic feasibility studies regarding the marketing of the properties, and a variety of other services that would result in addi- tional cost to the City. During Monday's Study Session, Pete. Barrett and possibly others will be reviewing Mr. Coffin's suggestions and other informa- tion discussed by the Executive 'Committee of the Newport Harbor Costa Mesa Board of Realtors. If the City Council is inclined to have various lease proposals considered by a Committee to be appointed by the Newport Harbor Costa Mesa Board of Realtors, a project coordinator would have to assist the Committee with the solicitation and analysis of proposals submitted. This project coordinator could be a member of the City staff and /or another out- side consultant which would work with the City on a fixed fee basis. Mr. George Coffin has apparently suggested that his paid services would be avail- able if desired. The overwhelming interest and concern on the part of most realtors in the area centers around the City property at Brookhurst and Adams in Hunt- ington Beach. It is estimated that during the past four years, the staff has received up to approximately thirty calls per month, and that at least 350 calls were received during the past twelve months. Most of these inquiries have been by telephone, although about ten per cent have either come from realtors who have dropped into the office or expressed their interest in the Mayor and City Council Page 3 April 4, 1969 property in writing. Exhibit "A" attached lists the individuals and organiza- tions on record which have expressed their interest during the last four years. You will note that many of these have contacted the City between three and ten times each during the last four years. A second list, marked Exhibit "B ", reflects the written proposals received for development of the Brookhurst and Adams property during the last four years. In prior years, these numerous inquiries and proposals have not been discussed with the City Council each time one has been received because no firm policy decision had been made by the City Council to either sell or enter into a long -term lease agreement for the use of this property. A third list, marked Exhibit "C", indicates realtors who have alleged that they represent Roy Sakioka, owner of the adjacent acreage slated for a possible area -wide shopping center complex. Mr. Sakioka is one of the individ- uals who has a strong interest in this property. A copy of a letter from Mr. Sakioka dated December 2, 1965 is also attached for reference. In addition, we have on file a more recent plot plan which proposed to purchase a portion of the City's property and exchange a portion for property owned by Mr. Sakioka at another location. In a conversation with Mr. Sakioka two weeks ago, we attempted to learn exactly which realty firm or firms on the list were act - ing on his behalf in conjunction with negotiations with the City. We were advised that the only agent on the list with whom he wished to deal on this matter was Mr. Sam Keyes. When questioned as to whether any of the other realty firms listed in Exhibit "C" were representing him, he firmly responded in the negative. This is mentioned because of a recent contention of Jack Mullan that he is an agent for Mr. Sakioka. Mr. Mullan and others have also recently contended that the firm of Coldwell Banker is not a friend of the Newport Harbor Costa Mesa Board of Realtors, does not give fair consideration to lease or sales proposals sub- mitted by other realtors in conjunction with clients they serve, and had a recent falling -out with The Irvine Company. From information gathered to date, we have not been able to substantiate any of these allegations. In fact, members of the Executive Committee of the Newport Harbor Costa Mesa Board of Realtors spoke quite highly of the firm of Coldwell Banker and Company. It should also be noted that the general membership of the Board of Realtors elected Bill Farnsworth of Coldwell Banker as its President for 1967. In addition, through recent conversations with Al Auer of The Irvine Company, we have learned that Coldwell Banker is one of their few good commercial property brokers and that The Irvine Company has had a very good relationship with this organization for a number of years. While Mr. John E. Murphy, President of the Irvine Industrial Complex, indicates that the exclusive arrangement which they had with the Coldwell Banker firm was allowed to lapse in 1967 as a result of new merchandising techniques being used by the Irvine Industrial Complex which did not lend themselves to an exclusive listing at this time, Coldwell Banker did perform a very satisfactory service for the Complex and continues to be retained by The Irvine Company to merchandise numerous commercial proper- ties on the Ranch. It would appear that the City Council can move in one of several directions in resolving this matter. It can retain the firm of Coldwell Banker and Company to provide the realtor services needed. This would probably pro- vide the most economical advantage to the City. Mayor and City Council Page 4 April 4, 1969 The second approach which the City Council may wish to consider would be to allow the Newport Harbor Costa Mesa Board of Realtors to appoint a spec- ial Committee to call for and review proposals to lease or purchase the City properties. This would entail additional time and expense, as noted above, but would provide a satisfactory means of appeasing some of the realtors in the community who have become disturbed at the prospect of the City retaining any particular firm to assist it with the leasing or sale of City property. A third approach would be to allow other qualified realty firms to submit a proposal similar to that made available by Coldwell Banker and Company. The City Council could then select the firm or firms which appear to be the most qualified to undertake the assignment of conducting the appraisal studies, economic market feasibility studies, compile land use data, etc. prior to solic- itation and analysis of lease or sale proposals. While this approach might appease those realtors who are now disgruntled, it would, of course, delay the project and result in revenue losses. I think it would also be fair to assume that Coldwell Banker would emerge as the most competent in terms of broad in- house technical capability and greatest access to potential purchasers or tenants. If the City Council decides to move in some direction other than to retain the immediate services of Coldwell Banker, it is suggested that the Brookhurst and Adams property not be made a part of the package and that the staff be allowed to handle this parcel directly. The Brookhurst and Adams property was allowed to remain as part of the Coldwell Banker proposal for two reasons: 1) It was assumed that they would move rapidly and obtain a tenant at an early date, thus maximizing revenue from this source,; and 2) it was concluded that Coldwell Banker, as specialists in the commercial and industrial realty field, would be capable of negotiating the highest revenue lease on the property as opposed to what might be accomplished by City alone. If we are to experience delays, we lose the advantage of number one and if we are going to end up with a bidding arrangement or a group committee arrangement we will lose the advantage of number two. This being so, there would be no logical reason for the City paying a realtor's commission since there would be no economic advantages to justify it. HARVEY L. HURLBURT HLH /JPD:ep enc. EXHIBIT "A" LIST OF INDIVIDUALS AND ORGANIZATIONS EXPRESSING WRITTEN OR VERBAL INTEREST IN BROOKHURST AND ADAMS PROPERTY DURING LAST FOUR YEARS 1. Jack W. Mullan, Realtor 2. Laura H. Klein, Realtor 3. Hal H. Collins of E. L. Bensen Realty 4. Curt Dosh S. C. W. Goode 6. E. L. Bensen, Realtor 7. Chris Lindley 8. Bob Alleborn 9. W. R. Bennett (Rinker Development) 10. Jim Mackle (Coldwell, Banker $ Company) 11. Elton Burnett (Walker $ Lee) 12. Joe C. Curry (Currand Realty) 13. M. L. Ruth 14. Mrs. Margaret Lightfoot 1S. Albert A. Sparliss (Coldwell, Banker 8, Company) 16. Rich Pomeroy (Jack -in- the -Box Restaurants) 17. Ken Harris, Realtor 18. Neil H. Durkee (Land and Industrial Properties) 19. Robert L. Unger 20. Andrew Johnson (Realononics, Inc.) 21. Lefty Murdock (The Most Company) 22. Vic Blurton (Coates and Wallace) 23. Dr. G. J. Camaras Exhibit "A" Page 2 24. John E. Marr (Coldwell, Banker 8 Company) 25. Lindsay P. Garnett (W. Ross Campbell Company), 26. Glenn Rice (W. Ross Campbell Company) 27. Gardner L. Hoch (R. A. Rowan $ Company) 28. Mr. I. Eric Sundt, Rotronic Corporation (Service station - car wash) 29. C. W. Warren (Shepherd 8 Tupper, Inc.) 30. George D. Buccola Investment Company 31. Joseph P. Hudson (Park Gate Realty) 32. Harold B. Jepsen ( Jepsen Realty) 33. Thomas T. Rousselot, Humble Oil and Refining Company 34. Mr. Dickey, Humble Oil and Refining Company 35. John J. McCloskey, Jack -in- the -Box Development Corporation 36. Adele S. Sprague (Prindiville Realty) 37. A. 0. Hedblom, Mobil Oil Corporation 38. H. S. Ebersole (Realtor), Edwin G. Hart, Inc. 39. Herbert N. Lightle, George Taber Company 40. Kenneth D. Hinsvark, Attorney 41. Richard A. Meredith, The Meredith Company 42. Robert Wheeler (Real Estate) 43. Mr. Verner Eichholtz (Realtor) 44. Bertram Haymes, D.D.S. 4S. Golthea Sisson, L. J. Swift 8 Associates 46. Victur Blurton, Manager, F. M. Tarbell Realty 47, Reg Wood, Reg Wood Company (Realtors) 48. Jerry King, Deane Bros. 49. Sherman A. Smith (Real Estate Development and Investment) 50. Richard Marshall (Bensen Realty) Exhibit A! Page 3 51. David M. Garland, Attorney 52. Charles Franklin (Realtor) 53. Gerald Lance, Gerald Lance Realty 54. E. M. Schilemann, Strout Realty 55. Dean Royce, Percy Goodwin Company 56. Roger S. Watson, Scottco, Inc. (Engineers, Developers) 57. Martha Holt (Realtor) 58. Thomas J. Doyle 59. Bill Miller (Bill Miller Realty) 60. Ed Bach 61. E. V. Kadow, Fountain Valley Land Company 62. E. W. Harvey 63. Arnold Podsade 64. Dan Donahue, Coldwell, Banker $ Company 65. Charles Lotz, Security First National Bank 66. Mark Sullivan (Realtor) 67. William D. Clark, Goossen $Clark Associates 68 Hiram DeFries, Shell Oil Company 69. Fred J. Barbour, Commercial Real Estate Broker for A. J. Pellegrini 70. Steve Boyce (Realononics) 71. E. Clark Beaumont (Realtor) 72. George Salata 73. Samuel W. Murdock, Attorney 74. Bernie Svalstad, Real Estate Representative, Foo�naker, Inc. (Jack -in- the -Box) oration 75. Eric L. pridonoff, Rite Engineering $Manufacturing Corp 76, Shirley Meunier, Calhoun Realty Exhibit "A" Page 4 77. N. J. V. V. Green 78. William A. O'Connor 79. L. S. Mack, Benson Realty 80. C. R. Morgan, The Morgan-Morf Companies 81. Sam Keyes (Realtor) NOTE: Many of the above individuals and organizations have contacted this office between three and ten times during the last four years. In addition to those noted above, there have been numerous addi- tional verbal inquiries made without specific names being left for the file. EXHIBIT "B" WRITTEN PROPOSALS RECEIVED ON BROOMMT AND ADAMS PROPERTY DURING LAST FOUR YEARS 1. Roy K. Sakioka (Long -term proposal) 2. Columbia Outdoor Advertising (Short -term proposal) 3, Whitaker Sign Company (Short -term proposal) 4. Ken Harris, Realtor, on behalf of Gulf Oil Company and Jack -in- the -Box, Inc. (Long -term proposal) S. Southland Corporation (7/11 Grocery outlet) (Long -term proposal) 6. Willis J. Clemmons, Carter Sign Company (Short -term proposal) 7. Mr. I. Eric Sundt, Rotronic Corporation (Service station - car wash) (Long -term proposal) 8. Mr. J. F. Fleming, Humble Oil & Refining Company (Long -term proposal) 9. Mr. Thomas T. Rousselot, Humble Oil $ Refining Company (Long -term proposal) 10. Mr. McCloskey, Jack -in- the -Box, Inc. (Long -term proposal) 11. Mr. Robert H. Beadle, Southland Corporation (7/11 Grocery outlet) (Long -term proposal) 12. Mr. A. Hedblom, Mobil Oil Company (Long -term proposal) EXHIBIT "C" REALTORS ALLEGEDLY REPRESENTING ROY SAKIOKA 1. Jack W. Mullan 2. Verner F. Eichholtz 3. Sam Keyes 4. Mrs. Margaret Lightfoot S. Reg Wood Company a PACKING Hausa 646.1197 OPP= TRLRFRGNEs 545.8611 {*6.1905 SAKI®KA PALMS GROWER. AND SHIPPER 14850 L SUNFLOWER AVL OANTA ANA. CALIFORNIA December 2, 1965 Xr. Harvey L. Hurlburt, City ilanager, City Hall, City of Newport Beach, Newport Beach, California. Dear Sir: The following proposal is herewith submitted to the City of Newport Beach by the undersigned, whose principal headquarters and offices are located at the address indicated above, for the following purpose, to wit:- To acquire by leasehold, that unimproved parcel of land, situated at the Southeast Corner of Adams ,Avenue and Brookliurst, in the City of AuntirZton Beach, County of Orange, State of California, the dimensions of said parcel being approximately 300' x 3001, under the following gencral terms: (1) I will enter into a leasehold acreement as lessee, with the City of i?ewport Beach as lessor, coverin; tiie above described parcel of land, for a term of twenty -five (25) y -arm, the rental of subject parcel to be based upon six- percent (65) of the fair market value, said fair zarket value to be determined by appraisal, or by such method as would be fair and equitable to the parties concerned, and rental to be paid to the City, either monthly, quarterly, or at the City's Option. (2) The City shall retain all right, title, and interest in and to the oil, mineral, and water rights, and further, in the event of a water emer -ency during the term of tlie' lease, the City shall have the right to install underground facilities for the purpose of augmenting their water supply, since it is not contemplated that any major improvement will be erected on the subject parcel. (3) I gill agree to take over and honor the contract or contracts present- ly in force, by and between the City and the present lessees, relating to the signs presently affixed on the subject parcel, until the period of time as set forth in said contracts terminate. Summary* I believe that the major aspects of this proposal such as: (a) rental based on fair market value, (b) Retainment by City of oil, mineral and water rights, (c) Water emergency clause, are the focal points around which the City's interest revolves. There are, of course, the usual standard clauses, concerning which I am sure will be amicably resolved at a meeting which can be set at a date convenient to you. Looking forward to your early reply, I am, Very respectfu your //, a�1 1 K. Saki Oka Realtor COUNCIL ACREAGE, COMMERCIAL & INDUSTRIAL PROPERTIES S TI : -n/ i l0 ` 4600 CAMPUS DRIVE - SUITE svx 200 NEWPORT BEACH, CALIFORNIA 82660 FI ) .e N(i � t ��.t Y COUNCIL y (714) e4• �a .(sJwJ FW''JV�" G. �1�.� �i v DISPOSITION: i AV >u Mdtic� �C, 1969 ( L „ y �taEi. FILE: Ctty o unt 1` Ui �:r t ;' c �' L z Ctty of Newport4each Wit, I „} ; � Ctty Hall _ J Newport Beach, Californt Gentlemen: Ewa ✓Gi;,n�i J4r To my amazement and cha gran, I arrived home from a hard day at my Realty 9,fftce, located to Newport Beach, to be confronted by a headline to the Datly Ptlot that reads, "City Signs Ftrm To Cash In On Properttes ". It could be shortened to read "Ftrm To Cash In ". I am amazed at the Natvete of people to postttons of public trust to enter Into contracts blindly and obltvtous to the rights of other people concerned. I. as well as many, many other Newport Beach Real Estate Brokers have dealt to Real Estate to this area, have paid our business tax, plus all other taxes, to the Ctty of Newport Beach, have spent much of our earnings wtthtn the Ctty of Newport Beach and have, over the years, done our best to Improve the Image of the Ctty of Newport Beach, such as serving on ctvtc commtttees and other commtttees wtthtn the Chamber of Commerce and other groups for the tmprovement and betterment of the area, and I mtght add, wtlltngly and without monetary compensation. Personally, I have matntatned an offtce and residence to Newport Beach for over sixteen years. I have dealt wtth a good many properties to the Ctty, as have my colleagues. Furthermore, I have never heard of a public body, supported by the electors and taxpayers, con - tracttng wtth ONE farm to handle their properties for sale or lease. The newspaper article goes on to say that the contracting Real Estate Firm has had an offtce to Corona Del Mar since 1961. It fatled to mention that thts is merely a branch offtce of a main offtce to Los Angeles County. What type of thtnktng could go along wtth the Idea that one .firm could do a better ,job for the Ctty than to Itst the properties wtth all Brokers and Brokerst Offtces to Newport Beach, allowtng them the opportunity of sub - mttttng sattsfactory offers to the Ctty of Newport Beach for approval or rejectton. The article also states that this firm has this client or that client. Would you believe all of the cltents they mention happen to be cltents of all Brokers to Nero - port Beach and elsewhere and tt mtght suprtse the Counctl to know that the Real Estate Brokers to Newport Beach have other cltents to their portfoltos that the contracting ftrm has never heard of. Just what has thts "All powerful" ftrm done for the Ctty of New- port Beach, compared to all of the other Real Estate ftrms to the Ctty combined? Realtor ACREAGE, COMMERCIAL & INDUSTRIAL PROPERTIES 4800 CAMPUS DRIVE -. SUITwx2 200 NEWPORT BEACH, CALIFORNIA 82660 (714) 546-6414 PAGE 2. If my memory serves me correctly, the Ctty of Newport Beach has spent some Ctty funds for feastbtltty reports on the best us of some of the properties tnvolved and then they hand a carte blanche contract to one ftrm tnstead of an open sales listing to all Brokers to Newport Beach. It is my thinking and I belteve that of the majority of the Brokers to thus area that tt is not necessarily the firm tnvolved, but for ANY firm to receive such preferenttal treatment from a Ctty Counctl is highly unethical. Personally, I regard this aotton as wholly trregular to addttton to being unethical and creates an extreme low for any governtng body. By virtue of this action, tt would appear to elevate the contracttng firm to the htghest posttton of Real Estate Sales and Servtce to the Ctty, whtch is erroneous. Stnce when has any professional been htred by the Ctty wtthout ha vtng to prove thetr supertortty over all others? Stnce when does the Ctty wrtte blank checks? I would Itke to remind the Counctl that this is not your own personal property tnvolved. .These properties belong to all of the taxpayers, tncludtng all Real Estate Brokers Itcensed to do business to the Ctty of Newport Beach. Stnoerely, Ru s FDRDY REALTOR �7 RF: of cc: Newport Barbor -Costa cc: Datly Ptlot Mesa Board of Realtors . . . . . . . . . . . . . . . . .. .T. . . t � IX ...r ry I�n:��i. M'urkN IIirC¢I06 Ulhcr r�r LJ i7 f <:VUmill�ral ��� `�I ❑r I 3. aA, y (2 --W-41 warrem w. �bboms real' estate investments March 21, 1969 Co. COMMERCIAL • INDUSTRIAL . ACREAGE City Council of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: Suite 200 • University Plaza • 4500 Campus Drive Newport Beach, California 92660 • (714) 546.9040 .i N.gr�CiTy �,, •. .�e ' The article in Wednesday's Daily Pilot on the exclusive list- ing given to Coldwell Banker for various city properties is sickening. The million dollar free publicity given to Cold - well Banker has cost me thousands of untold dollars in future commissions. The unwarranted prestige given that firm by vir- ture of your unjust action and the extolling newspaper article will affect many of my customers and potential customers deci- sion on doing business with Coldwell Banker rather than me, this you can be sure. You have elevated their reputation at the expense of every Realtor in Newport Beach. The damage you and the Daily Pilot have done to those in our profession is appalling, inexcusable and shows the little re- gard, and contempt you must hold for real estate businesses in this city. Yours very truly, WARREN W. GIBBONS CO. ?; / i� Warren W. Gibbons WG /ad COPIES SENT TO: tlnn rl:er 1'lor net 1'uMli. Wr,k: Director P inonlny lhi eou' nOther G C�.�cW `! ✓� 7ri GL,%1 L�P�� r •. 7 i ( 4 Z � Lt I