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Home My WebLink AboutF-3e - Newport Dunes Redevelopment Settlement AgreementCITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER January 26, 1987 TO: MAYOR AND CITY COUNCIL FROM: EXECUTIVE ASSISTANT SUBJECT: NEWPORT DUNES REDEVELOPMENT SETTLEMENT AGREEMENT Iouncil Agenda tem No. F -3(e) ACTION: If desired, qpprove and authorize Mayor and City Clerk to execute an Amendment to the Settlement Agreement with the County of Orange regarding the redevelop- ment of Newport Dunes. JAN 2 6 i:BF APPROVED BACKGROUND: On May 17, 1983, the City entered a Settlement Agreement providing for the redevelopment of the County - owned area known as Newport Dunes. The agreement calls for annual review of compliance with the agreement by the Joint Harbor Review Committee. This committee exists only on paper and has not met during the last five to six years. In July of 1986 the County requested City staff to consider an alternative mechanism to monitor performance under the agreement. After reviewing the agreement and discussing the planning and building processes to be reviewed, it was determined that the City's existing plan check and building inspection proc- esses would effectively monitor the County's compliance with the Settlement Agreement. Accordingly, the following amend- ment to the agreement was proposed by City staff: "City and County shall annually periodically review the parties' performance of this Agreement. At the first meeting of eeek ealendar pear; the 3eint Harbor Review Eem- mittee shall review the per €ermanee and implementation of this Agreement; prepare a report and previde eepies of the report to the Eitp Eexneil and Beard of Supervisers- In connection with such review, each party shall have a reasonable opportunity to dis- cuss matters which it believes have not proceeded in accordance with this Agreement, to receive from the other party information relating to its position on such matters and shall seek to resolve such matters by negotiation." TO - MAYOR AND CITY COUNCIL - Page 2 The attached amendment reflects the above staff recom- mendation. KJD:ets KENNETH �/. DELINO Attachment Executive Assistant 2 ;' F «. ~ J(/ N.. 91989 ' w 4 O\U NTY O Kk 3 1 Z✓ '`+�`H 6�ti RANGE ^' 5 I ENVIRONMENTAL MANAGEMENT AGENCY r HARBORS, BEACHES AND PARKS Mr. David Cherashore JU�i < 1 =88 Executive Vice President Newport Dunes, Inc. 1131 Back Bay Drive Newport Beach, CA 92660 0 ERNIE SCHNEIDER DIRECTOR, EMA ROBERT F. WINGARD DIRECTOR OF HARBORS, BEACHES & PARKS FILE Subject: Amendment to Newport Dunes Settlement Agreement Dear Mr. Cherashore: LOCATION: 12 CIVIC CENTER PLAZA P.O. BOX 4048 SANTA ANA, CA 927024048 MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 927029048 TELEPHONE: 8441 8348834 Early in 1987, this office proposed an amendment to the tri -party settlement agreement which would relieve the City of Newport Beach and the County staff from requirements to set up a "Joint Harbor Committee" and prepare an annual report on progress of the redevelopment program. Our letter of March 27, 1987, (attached) was never answered by the Newport Dunes, even though the City of Newport Beach had already executed the amendment, and we were prepared to forward the item to the Board of Supervisors once the Dunes had executed the documents. At this time, we are resubmitting this item for Dunes execution since all parties are ready to proceed with plan approval and construction of the project. We believe, and I'm sure you'll agree, the amendment is appropriate to reduce some of the associated procedural aspects of this project. I've enclosed the five copies previously executed by the City for signature by Newport Dunes, Inc. Please have them executed and returned to this office at your earliest opportunity. Once this has been completed, we will be ready to proceed with plan review and implementation of the redevelopment plan. Should you have a question, don't hesitate to contact David Rosso at 834 -3364. Very truly yours, R. E. Hamilton HBP /Program Planning DR:mk(3 /006)8155 CC: Ken Delino, City of Newport Beach R. F. Wingard Enclosures � �i�t CV" ppryly t, i 6 0 G -- ERNIE SCHNEIDER V _rY Q F DIRECTOR, EMA H. J. KRIZAN DIRECTOR OF PARKS & RECREATION RAN G E LOCATION: 12 CIVIC CENTER PLAZA P.O. BOX 4048 SANTA ANA, CA 92702 -4048 ENVIRONMENTAL MANAGEMENT AGENCY MAILING ADDRESS: PARKS AND RECREATION P.O. BOX 4048 SANTA ANA, CA 92702 -4048 LIAR 2 7 1987 TELEPHONE: (714) 834 -8834 FILE Mr. David Cherashore Executive Vice President Newport Dunes, Inc. 1131 Back Bay Drive Newport Beach, CA 92660 SUBJECT: Amendment to Newport Dunes Settlement Agreement Dear Mr. Cherashore: .. A review last year of subject document indicated that Clause IX requires an annual review and report by a "Joint Harbor Committee" to the City Council and County Board of Supervisors. We've discussed this with the City Manager's staff and, as a result, determined that an amendment to revise this requirement so as to be less burdensome on all the parties to the agreement would be appropriate. The intent of the amendment is to relieve City and County staff from the require- ment for an annual report, and the necessity of setting up the "Joint Harbor Committee." The attached proposed amendment was approved by the City Council of Newport Beach on January 26, 1987. I've enclosed a copy of the amendment for your review. When you've had a chance to review the amendment. -ana i-f _zou have a question, please call David Rosso at 834 -7064. With your concurrence, we will transmit to you five copies, signed by the Mayor, fdr sigua +tyre Dy the Newport Dunes, Inc. Once thus signed, we will forward fhe item to the Board of Supervisors for final execution. A fully execulea copy will then be provided to Newport Dunes, Inc. Very rul y F. g, Program Planning Di sion DAR:no(6)(006)7082 Attachment cc: C. McDaniels, Fifth District J. Cri.set, County Counsel 1 Y OF N G E is ENVIRONMENTAL MANAGEMENT AGENCY ,SAN 5 1987 RLE Mr. Robert Wynn City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 ATTN: Kenneth J. Delino, Executive Assistant ERNIE SCHNEIDER DIRECTOR, EMA 12 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702 -4048 TELEPHONE: (714) 834 -2306 Y �PcCAY cm o1 e ma ^aga�cecr 1 SUBJECT: Amendment to Newport Dunes Settlement Agreement --- -- ru (-- - I j Dear Mr. Wynn: In July of this year, County and City staff discussed amendment of the subject agreement to simplify the review process called for therein. In a letter dated July 17, your assistant, Mr. Delino, forwarded a suggested revision to eliminate the cumbersome requirement for annual reports from a Joint Harbor Review Committee. Although it has been several months since the exchange took place, we are forwarding herein the proposed amendment to the agreement as you have previously suggested, with our request to transmit the item to your City Council for action. With council approval of the item, we will obtain concurrence from the Newport Dunes. We will then be prepared to forward the item to the Board of Supervisors with a positive recommendation. This change should provide for a simpler, more effective means for reviewing future progress of this long anticipated redevelopment project. Please have all five duplicate signature pages executed in original and return to EMA. When the document is fully executed, we will forward a completed copy with original signatures to you. Should you need additional information on this item, your staff should contact David Rosso at 834 -7064. Very truly yours, Ernie Schneider, Director DR:bhPRL01 -38 6364 Enclosure: Proposed Agreement Amendment CC. R. F. Wingard, Manager, EMA- Program Planning R. G. Fisher, Director, EMA- Planning S. Blanchard, GSA /RED Newport Dunes