HomeMy WebLinkAbout04 - Harbor Pointe Senior Living Project Located at 101 Bayview Place (PA2015-210) - CorrespondenceReceived After Agenda Printed
February 26, 2019
Item No. 4
Subject: FW: Communication to the Baycrest HOA Board and the City Council Regarding Harbor
Pointe (2)
From: Kirk Snyder <kdsnyder(a�cox.net>
Date: February 25, 2019 at 10:08:42 AM PST
To: Carol McDermott <carol(d,entitlementadvisors.com>
Cc: "lmbrakobkcox.net" <lmbrakob(kcox.net>, "plampmanikmac.com" <plampmanikmac.com>,
"jjburzanAmmail.com" <jjburzanAgmail.com>, Peter Marcek <petemarcek(c hotmail.com>, "Diane Dixon -
Newport Beach City Council (dianebdixonkgmail.com)" <dianebdixon&gmail.com>, Marshall Duffield
<mduffield(d),duffyboats.com>, "Jeff Herdman (jherdman1(&roadrunner.com)" <jherdmanl(d),roadrunner.com>,
"Kevin Muldoon (kevinmmuldoonkyahoo.com)" <kevinmmuldoon(kyahoo.com>, "Brad Avery
(brad(&,occsailing com)" <brad(d),occsailing com>, "Joy Brenner (joybrenner(c me.com)"
<joybrenner@me.com>, "William C. O'Neill" <wco(krossllp.com>, "william c."
<o'neilll(a,NETORG 128103 5.onmicrosoft.com>
Subject: Re: Communication to the Baycrest HOA Board and the City Council Regarding Harbor
Pointe (2)
Note: Carol, Not sure the CC's registered when this was sent to you yesterday morning at 10:31
AM, so we wanted to make sure everyone you CC'd also saw our reply. Thank you.
From: Kirk Snyder <kdsnyder(a)cox.net>
Subject: Re: Communication to the Baycrest HOA Board and the City
Council Regarding Harbor Pointe (2)
Date: February 24, 2019 at 10:31:33 AM PST
To: Carol McDermott <carol(a-)-entitlementadvisors.com>
Cc: Peter Marcek <petemarcek(c)_hotmail.com>, Patti Lampman
<plampman1(@mac.com>, Lyle Brakob <Imbrakob(a)cox.net>, Jeanne
Burzan <jjburzan gmail.com>
Dear Carol,
We are willing to agree that the HOA and its Board of Directors will not
challenge the land -use approval of the adjacent project for a fair exchange of
compensation for the HOA to use at its discretion for improvements plus
additional landscaping fees to be determined (for the northern side of our
community) adjacent to the parcel. We simply cannot agree to the contingency of
no litigation filed by a third parry at any point into the future as a reason to void
the agreement and return the consideration. We can agree to counsel any
individual homeowner not to challenge the land -use approval. If this does not
work, we completely understand.
We are very familiar with the California land use process and the gravity of a
discretionary zone change decision and will utilize all legal remedies available to
us to challenge the approval if we are unable to reach a community first
agreement around the change in zoning from the community plan. We continue
to view the City's decision as a violation of our property rights as provided in
writing to the city prior to the Council vote and are confident this change could
fall under the category of a spot zone change, which is prohibited by California
law.
Peter Marcek, a member of our board of directors is open to a phone call with you
and your attorney on Monday. He is copied on this email along with the rest of
the Board. Please note that he took the place of Andrea Roberts on our Board.
Sincerely,
The HOA Board
On Feb 22, 2019, at 2:41 PM, Carol McDermott
<carolkentitlementadvisors.com> wrote:
Dear Kirk and members of your HOA board: as we approach the date for the adoption
of the ordinance approving Harbor Pointe on February 26th, I want to once again offer
to meet with all of you face-to-face in order to consider appropriate modifications to
the draft settlement agreement we sent. We have no opportunity to address your
concerns if we cannot hear the specifics of what might make a more acceptable
document and therefore payment for use in your community. If for example, there is a
concern that you are not guaranteed payment, we could amend the agreement to
provide $25,000 of the total at time of the final approval date with the remainder to be
paid according to the original agreement. We are also in agreement of increasing the
amount of the total to $250,000 to cover the necessary improvements you previously
described as necessary for your community. Our intent is being made clear to the
Council so that you can be assured that as we proceed there will be political pressure for
us to meet our obligations. Also our only stipulation will be to insure that no litigation
is filed against the project.
And as a reminder to all, I just want to list the concessions that we have made in
response to your community concerns over the last two years:
1) We reduced the height of our building from five stories to three stories in compliance
with the height limitation of your planned community regulations
2) We reduced the square footage from 110,000 to 85,000 square feet and reduced
the number of beds from 144 to 120
3) We increased the landscape screening adjacent to your community to buffer the
view of our building
4) Truck delivery hours are restricted
N
5) We designed the trash area to be enclosed by three walls of the building and then
added a garage door over the front of it
6) Our building provides noise buffering from traffic on Bristol
7) The EIR found no long-term impacts of the project and created mitigation measures
for the short term construction impacts including a noise barrier on the periphery of the
project during construction as well as limits on construction hours of operation
8). We agreed to narrow the zoning to permit only an RCFE and eliminated other
objectionable uses from the existing zoning
9) We narrowed the general plan amendment to allow only the proposed RCFE and
illuminated the other permitted uses and square footages
8) And to further address community concerns about compatibility we offered financial
benefits for the HOA to use on improvements within your community
I reiterate our sincere desire to meet with you and to negotiate the language in the
settlement agreement to reach a consensus on your board of the acceptability of that
document. I have attached our attorney's previous settlement agreement for your
convenience. Please let me know when we might be able to meet. Sincerely Carol
Carol Mentor McDermott, AICP
Principal
MIG I Entitlement Advisors
3 Park Plaza 17th Floor
Irvine, Ca 92614
Office: (949) 502-6317
Mobile: (949) 422-2303
www.entitlementadvisors.com I www.mi,gcom.com
<January 23 Letter to Kirk Snyder.pdf>