HomeMy WebLinkAbout09 - Uptown Newport Facilities Relocation and Acquisition Agreements - CorrespondenceReceived After Agenda Printed
February 12, 2019
Item No. 9
From: City Clerk"s Office
To: Mulvey. Jennifer; Rieff. Kim
Subject: FW: Consent Calendar Item 9 Regarding The Uptown Newport Facilities Relocation and Acquisition Agreements
Date: Tuesday, February 12, 2019 3:08:25 PM
From: Dan Bane
Sent: Tuesday, February 12, 2019 3:08:31 PM (UTC -08:00) Pacific Time (US & Canada)
To: Sinacori, Mike
Cc: City Clerk's Office; Eid, Kristen; Matusiewicz, Dan
Subject: Re: Consent Calendar Item 9 Regarding The Uptown Newport Facilities Relocation and
Acquisition Agreements
Mike,
I appreciate your response and I understand that is the City's position.
Our concern is that the City is leaping ahead with its approval of agreements sanctioning
electrical undergrounding work that all parties agree, particularly the City, that is neither
required nor critical for any reason other than aesthetics. In other words, this project is simply
a "nice to have."
We have no comfort for the time -being that SCE will or can do everything it can to minimize
or avoid significant harm to Towerjazz. Same for Shopoff. I realize the City has no desire to
be in the middle of this situation. But unfortunately, given the agreements and approvals
required, that is where the City is. And, that is why Towerjazz is requesting this brief
continuance to hopefully work out a path forward without its hand being pressed. That was
the sole reason for our request; it is not otherwise borne of a desire to be difficult. I hope you
understand.
Can you forward me the supplemental memorandum sent to Council so that we can review
before the meeting?
Appreciate your time and attention to this.
Thank you and regards,
Dan
Sent from my iPhone
On Feb 12, 2019, at 1:53 PM, Sinacori, Mike <MSinacorinnewportbeachca.gov> wrote:
Dan,
We will note your objection but we don't agree that any continuance is necessary.
This is a financial issue between your client and Shopoff. SCE will do everything
they can to minimize the impacts and length of the shutdown including
coordinating schedule with TowerJazz.
Mike
On Feb 12, 2019, at 1:09 PM, Dan Bane <DBane o.sheppardmullin.com> wrote:
Mike,
Thank you again for your time yesterday.
After speaking further with my client's representatives, they would like to formally
request that this item be continued for two weeks to the next City Council meeting so
that further discussions can be had with Shopoff and SCE. Until those additional
discussions are had, TowerJazz is not supportive of any approvals related to the
undergrounding project. I realize this may result in some inconvenience and we
apologize for that, but it averts the need for Towerjazz to appear at the City Council
meeting tonight to lodge a formal objection; there was a lot of new information thrown
at us during the meeting yesterday. I have a meeting from 1:30 to 3:30 p.m., but am
available after that time if you want to discuss further.
Also, I believe you were preparing a supplemental memorandum for the Council
following our meeting yesterday. If you could forward me a copy, that would be
appreciated.
Thank you and regards,
Dan Bane
+1 714-424-8246 1 direct
DBaneCcDsheppardmullin.com I Bio
SheppardMullin
650 Town Center Drive, 4th Floor
Costa Mesa, CA 92626-1993
+1 714-513-5100 1 main
www.sheppardmullin.com I Linkedln I Twitter
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Received After Agenda Printed
February 12, 2019
Item No. 9
From: City Clerk's Office
Sent: Tuesday, February 12, 2019 1:53 PM
To: Mulvey, Jennifer; Rieff, Kim
Subject: FW: Consent Calendar Item 9 Regarding The Uptown Newport Facilities Relocation and
Acquisition Agreements
From: Sinacori, Mike
Sent: Tuesday, February 12, 2019 1:52:31 PM (UTC -08:00) Pacific Time (US & Canada)
To: Dan Bane
Cc: City Clerk's Office; Eid, Kristen; Matusiewicz, Dan
Subject: Re: Consent Calendar Item 9 Regarding The Uptown Newport Facilities Relocation and Acquisition Agreements
Da n,
We will note your objection but we don't agree that any continuance is necessary. This is a financial issue between your
client and Shopoff. SCE will do everything they can to minimize the impacts and length of the shutdown including
coordinating schedule with Towel -Jazz.
Mike
On Feb 12, 2019, at 1:09 PM, Dan Bane <DBane@sheppardmullin.com> wrote:
Mike,
Thank you again for your time yesterday.
After speaking further with my client's representatives, they would like to formally request that this item be continued
for two weeks to the next City Council meeting so that further discussions can be had with Shopoff and SCE. Until those
additional discussions are had, TowerJazz is not supportive of any approvals related to the undergrounding project. I
realize this may result in some inconvenience and we apologize for that, but it averts the need for Towerjazz to appear
at the City Council meeting tonight to lodge a formal objection; there was a lot of new information thrown at us during
the meeting yesterday. I have a meeting from 1:30 to 3:30 p.m., but am available after that time if you want to discuss
further.
Also, I believe you were preparing a supplemental memorandum for the Council following our meeting yesterday. If you
could forward me a copy, that would be appreciated.
Thank you and regards,
Dan Bane
+1 714-424-8246 1 direct
DBaneCEDsheopardmullin.com I Bio
SheppardMullin
650 Town Center Drive; 4th Floor
Costa Mesa, CA 92626-1993
+1 714-513-5100 1 main