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HomeMy WebLinkAboutJ-1 - Memorandum of Understanding/Balboa Bay ClubPj) CITY COUNCIL Agenda Item No. J-1 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER U -p-- ,I i y COUNCIL Ciik i( ,d_6Mr03T 3gmC{' October 30, 1989 OCT 3 0 1989 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: MEMORANDUM OF UNDERSTANDINGBALBOA BAY CLUB The original 50 -year Balboa Bay Club lease was signed on March 24, 1948 and was to have expired on August 31, 1998. On June 10, 1985 the City entered into a Memorandum of Understanding with the BBC outlining procedures for the consideration of a new 25 - year lease. On May 12, 1986 the City Council approved of a new lease adding twelve years to the original lease and increasing the rental payments to the City. Both the 1985 MOU and the 1986 Agreement required the BBC to prepare a new redevelopment plan for the BBC consistent with the newly adopted City General Plan and Land Use Element. On February 13, 1989 representatives of the Balboa Bay Club appeared before the City Council at the Study Session and presented the conceptual redevelopment plan to the City. This conceptual plan was consistent with the newly adopted City General Plan. During the presentation of February 13th, it was stated to the City Council that a new MOU would be presented on March 13, 1989 for the Council's consideration. On March 13th the new MOU and approval of a refinancing plan was on the Council's evening agenda. During deliberation by the City Council, it became apparent that several concerns existed regarding a new 50 -year lease of the Balboa Bay Club. Additionally, the MOU being considered along with an authorization for refinancing became somewhat confusing. As a result, representatives of the BBC verbally withdrew the MOU from consideration and the City Council requested an independent opinion as to the ability of the City to legally enter into a 50 -year lease with the Balboa Bay Club. Since March 13th the engineers and architects for the BBC have continued their work, an environmental impact report has been • commenced, and meetings have been held with different homeowners' associations within the City to explain the proposed redevelopment plan. The BBC has now requested that the MOU be reconsidered by the City Council. Members of the Council will find a copy of the proposed MOU and a copy of the independent legal opinion concerning a 50 -year lease attached to this memo. In essence, the MOU says that the City will, in good faith, consider a 50 - year term lease provided the City Council agrees with the rental terms and conditions, and further provided that the final redevelopment plan is approved by the City and the Coastal Commission. • Attachments • Y EUGENE L. WYMAN (1921.1972) GREGSON RAUT2ER (1911-1997) • THOMAS KUCHEL OF COUNSEL BRUCE W. SUMNER OR COUNSEL 0 WYMAN BAUTZER KUCHEL & SILBERT A LAS.'PMMl HV IMCWDIM6 NYIIRS2WMALCpH)EATMIMS 2600 MICHELSON DRIVE, SUITE 700 IRVINE, CALIFORNIA 92717 714.852.4700 CABLE ADDRESS: WYBAROX TELECOPIER: 714-531-8549 May 18, 1989 Robert H. Burnham, Esq. City Attorney City of Newport Beach Post Office Box 1768 Newport Beach, California 92658-5915 • Re: Balboa Bay Club Lease Dear Bob: TWO CENTURY PLA2APOURTFENTH FLOOR 2059 CENTURY MRK EAST LOS ANGELES, CALIFORNIA 9OD67 21)354.9000 213079.ODDO 1919 PENNSYLVANIA AVENUE. N. W.. SUITE 900 WASHINGTON, D.C. 20006 202.987-5126 DIRECT DIAL NUMBER Enclosed please find our response to the request for advice contained in your March 28, 1989 letter to me regarding the proposed lease for the Balboa Bay Club site. I would be happy to answer any questions which you or the City Council may have concerning the contents of our response. We appreciate the opportunity to be of service to you and the City Council. Sincerely, Bruce W. Sumner WYMAN BAUTZER KUCHEL 6 SILBERT BWS:cci • Enclosure 0 WYMAN BAUTZER KUCHEL & SILBERT Al PARTKI7NV INCW91N9,ROPLU (GVOYTN EUGENE WYMAN(1924 1975) 2600 MICHELSON DRIVE, SUITE 700 IRVINE, CALIFORNIA 92715 GREGSON 1AUTEER(1911-1907) 714-852.4700 • THOMAS H. KUCHEL CABLE ADDRESS: WYBAROK of COUNSEL TELECOPIER: 714-553-8549 BRUCE W. SUMNER of COUNSEL May 18, 1989 Robert H. Burnham, Esq. City Attorney City of Newport Beach Post Office Box 1768 Newport Beach, California 92658-5915 Res Balboa Bay Club Lease • Dear Mr. Burnham: TWO CENTURY PLAZA FOURTEENTH FLOOR 1049 CENTURY PARK EAST LOS ANGELES. CALIFORNIA 90067 213 536 -OW 213.87-0000 1919 PENNSYLVANIA AVENUE. N.W. SUITE 000 WASHINGTON D.C. 20006 202.187-0736 DIRECT DIAL NUMBER On behalf of the City Council of the City of Newport Beach ("City"), you have requested our opinion regarding a proposed ground lease ("Proposed Lease") between the City and Balboa Bay Club, Inc., a California corporation ("Bay Club"), for a term of fifty (50) years covering certain water -front property ("Bay Club Site") owned by the City and currently leased by Bay Club pursuant to that certain Lease dated May 13, 1986 ("Existing Lease"). In particular, you have requested our opinion on the following issues: 1. Does Section 1402 of the City Charter require voter approval of the Proposed Lease of the Bay Club Site? 2. Does Section 420 of the City Charter prevent the City Council from leasing the Bay Club Site for a term in excess of • twenty-five (25) years if the Proposed Lease provides for City ownership of all buildings, structures and improvements on the Bay Club Site when the Proposed Lease expires or is otherwise terminated? Mf /RE586-001 /opinion • • i Robert H. Burnham, Esq. City Attorney City of Newport Beach May 18, 1989 Page 2 II. OPINIONS 0 Based upon current California law and the facts and assumptions set forth below and subject to the discussions and qualifications set forth below, we are of the opinion that: 1. The express provisions of Section 1402 of the City Charter do not require approval of the Proposed Lease by a majority of the electors voting on the issue at a general or special municipal election. 2. The express provisions of Section 420 of the City Charter do not prohibit the City Council from entering into the Proposed Lease of the Bay Club Site to Bay Club without voter approval for a term in excess of twenty-five (25) years if the Proposed Lease provides for the City to acquire ownership of all buildings, structures and improvements on the Bay Club Site when the Proposed Lease expires or is otherwise terminated. We have examined copies of the following documents for purposes of this opinion: (i) the letter dated as of March 28, 1989, from City Attorney Robert H. Burnham to the Honorable Bruce Sumner (the "City Attorney Letter"), and (ii) the Existing Lease, a copy of which was furnished to us by you. With respect to all factual matters referenced herein, we have relied solely on the City Attorney Letter, and we have not made any independent inquiry with regard to factual matters upon which our opinions are based. In rendering our opinions herein, we have assumed with your approval and at your direction that Sections 420 and 1402 are the only provisions of the City Charter which are applicable to the questions presented. A. Factual Background The electorate of the City of Newport Beach adopted a city charter in 1955 ("City Charter"), including Section 420, entitled "Contracts. Restrictions." That section provides in pertinent part: The City Council shall not have the power to make or authorize any contract or lease or extension thereof for a longer period than twenty-five (25) years unless said rtf/NES86-001/opinion Robert H. Burnham, Esq. City Attorney City of Newport Beach May 18, 1989 • Page 3 contract, lease or extension be approved by a majority of the qualified electors of the City voting on such question at any election. A contract, lease or extension for a longer period shall be valid without such approval if it provides for the acouisition by th property so leased or contracted for... (Emphasis added). In 1957, the City added to its City Charter Section 1402, entitled "Waterfront Property". That section provides: The City Council shall not sell or convey any water- front or beach property, excepting to the State or to the County for use as a public beach or park. No such property owned by the City shall be leased by the City unless and until the leasing thereof shall have • been approved by a majority of the electors voting on such proposition at any general or special municipal election, provided, however, that this Section shall not lease at the effective date of this Charier. (Emphasis added). In 1948, prior to adoption of the City Charter, the City entered into a fifty (50) year lease of the Bay Club Site ("1948 Lease"). In 1986, the City entered into the Existing Lease of the Bay Club Site with Bay Club, the assignee of the lessee's interest under the 1948 Lease. The Existing Lease provides that it is a re -lease of property under lease prior to the date on which the City Charter was adopted, and that the City will become the owner of all structures and improvements upon termination of the Existing Lease, thereby exempting the Existing Lease from the • voter approval requirements of Sections 420 and 1402. The term of the Existing Lease extends for 25 years, expiring in 2011. Bay Club is presently contemplating redevelopment of the Bay Club Site, but desires that the City and Bay Club enter into a new fifty (50) year lease to facilitate Bay Club proceeding with such redevelopment. rO ME586-DDI/opinion I 0 0 Robert H. Burnham, Esq. City Attorney City of Newport Beach May 18, 1989 Page 4 • IV. LEGAL ANALYSIS Our legal analysis will first review the general authority of the City to enter into the Proposed Lease, then summarize the nature and scope of a city charter, discuss the rules for construing city charter provisions and apply those rules of construction to the City Charter provisions which are expressly at issue. A. California Statutory Provisions Applicable to General Powers of Cities to Lease Property. Subject to certain restrictions, California law confers upon a city the right to lease real property owned by the city. California Government Code Section 37350 expressly confers on cities the general power to purchase, lease, receive, hold and • enjoy real and personal property and control and dispose of it for the common benefit. Government Code Section 37380 authorizes a city to lease property owned by it, or any of its departments, for terms not to exceed a specified number of years. In general, a city may not lease real property for a term which exceeds fifty- five (55) years, unless certain conditions are satisfied, in which case the maximum term is ninety-nine (99) years. Additionally, various statutory provisions authorize and restrict the ability of cities to lease properties for various specified purposes and terms. See, e.g., the following Government Code Sections: Section 37382 (land used for agricultural or horticultural purposes not to exceed 25 years), Section 37383 (land used for the production of minerals, oil, gas or other hydrocarbons not to exceed 35 years), Section 37384 (tide or submerged lands not to exceed 50 years), Section 37385 (water -front or harbor facility development lands not to exceed 66 years); and Civil Code Section 718 (lease for a term in excess of 99 years not valid). B. Nature and Scope of a City Charter. Section 3 of Article 11 of the California Constitution • empowers a city to adopt a charter by vote of its electors. A city charter represents the supreme law of a city, subject only to conflicting provisions in the California and United States Constitutions or to preemptive state or federal law. Harman v. San Francisco, 7 Cal.3d 150, 161 (1972); Stuart v. Civil Service Com-, 174 Cal.App.3d 201, 206 (1985). As such, the charter is a municipal corporation's constitution and will be upheld unless it rtf/NE586-001/opinlon I Robert H. Burnham, Esq. City Attorney City of Newport Beach May 18, 1989 Page 5 • is clearly shown to have been, at the time of its enactment, repugnant to or inconsistent with the then fundamental law. A charter supersedes all laws, ordinances, rules or regulations that are inconsistent with its provisions. California Constitution, Article 11, Section 5(a). C. Notwithstanding its priority and position, a city charter operates not as a grant of power, but only as an instrument of limitation and restriction on the exercise of power over all municipal affairs, which power a city council is assumed to possess. City of Grass Valley v. Walkinshaw, 34 Cal.2d 595, 598- 99 (1949); DeYouna v. City of San Diego, 147 Cal.App.3d 11, 17 (1983). If a limitation or restriction is not clearly and expressly stated, it may not be implied and the full exercise of a municipal power will be permitted. DeYoung v. City of San Dieao, • supra, 147 Cal.App.3d at 17. A construction in favor of the exercise of this power and against the existence of any limitation or restriction thereon which is not expressly stated in the city charter is clearly indicated. Id. at 17. All rules of statutory construction as applied to charter provisions are subject to this principle. Id. at 17. D. Construction of City Charter Sections 420 and 1402. (1) Section 1402 - Water -front Property Section 1402 expressly restricts the leasing of water- front property by the City by requiring that the City first obtain voter approval. An exception to that restriction is created, however, for the future leasing or re-leasing of any water -front property under lease at the effective date of the City Charter. Governed by the rule that a city charter is solely an instrument of express limitation regarding power over municipal affairs, Section 1402 limits the City's power to lease water -front property without first obtaining voter approval, but the • limitation does not apply in the case of a future leasing or re- leasing of any water -front property under lease as of the 1955 effective date of the City Charter. For the future leasing or re- leasing of such property, no voter approval is expressly required, and according to the rule of construction articulated in City of Grass Valley and DeYouna, a voter approval requirement cannot and should not be implied. rtf/K586-001/opinion 0 0 Robert H. Burnham, Esq. City ,Attorney City of Newport Beach May 18, 1989 Page 6 • The Bay Club Site was under lease in 1948, prior to the 1955 effective date of the City Charter. By the terms of Section 1402, no voter approval would be required for a future lease or re -lease of the Bay Club Site to the Bay Club, because the Bay Club Site was under lease as of 1955. Thus, Section 1402 would not serve to require voter approval of the Proposed Lease. (2) Section 420 - Leases in Excess of 25 Years Section 420 expressly prohibits the City from entering into a lease having a term of more than twenty-five (25) years without voter approval, unless the lease provides for the City to acquire the real or personal property so leased at the end of the lease term. The City Charter excludes from its restriction, and therefore reserves unto the City, the power of the City to enter • into leases longer than twenty-five (25) years without voter approval upon the satisfaction of a certain condition; namely, the lease must provide for the City to acquire the leased real or personal property at the and of the lease term. It follows that leases for terms longer than twenty-five (25) years are thus permissible without voter approval, subject to the condition set forth in Section 420 and to the general limitations of California law pertaining to leases. By the terms of the City Charter, and pursuant to the rule of construction set forth in City of Grass Valley and DeYouna, the City can enter into the Proposed Lease without voter approval, notwithstanding the fifty (50) year term of the Proposed Lease, so long as the Proposed Lease provides for City ownership of all buildings, structures and improvements on the Bay Club Site upon the expiration or earlier termination of the Proposed Lease term. Based on the foregoing, the express provisions of Sections 420 and 1402 of the City Charter do not prohibit the City from entering into the Proposed Lease for the Bay Club Site, and the interpretation and construction of those Sections in a manner • consistent with the character of the City Charter and relevant rules of statutory construction do not yield a different result. It is important to note that the City's ability to enter into the Proposed Lease without voter approval is based upon exceptions to the general limitations contained in City Charter Sections 420 and 1402. While the City has the power to enter into the Proposed Lease without voter approval, the City may wish to submit the Proposed Lease matter to the electorate in recognition of the rti/NE585-001/opinion Robert H. Burnham, Esq. City Attorney City of Newport Beach May 18, 1989 Page 7 • unique nature of the Bay Club Site and the general sensitivity to long term leases and leases of water -front property expressed by Sections 420 and 1402. The judgment on the question of submission of the Proposed Lease matter to the voters is not a legal one, however, but is left to the discretion of the City Council. In rendering the foregoing opinions, our examination of matters of law has been limited to the laws of the State of California. • �0 This letter is intended solely for use by the City in connection with the possible execution of the Proposed Lease by the City and may not be relied upon for any other purpose by the City or for any purpose whatsoever by any other party without the express written consent of the undersigned. Mf/NES86-001/opinion Very truly yours, Bruce W. Sumner WYMAN BAUTZER RUCHEL & SILBERT MEMORANDUM OF UNDERSTANDING The CITY OF NEWPORT BEACH ("CITY") and INTERNATIONAL BAY CLUBS, INC. ("CLUB") acknowledge the following: RECITALS A. On March 24, 1948, CITY and CLUB's predecessor entered into a fifty (50) year lease ("Original Lease") of waterfront property owned by the City, now commonly known as the Balboa Bay Club ("The Property"). B. On May 12, 1986, CITY and CLUB agreed to extend the term, and otherwise amend provisions, of the Original Lease ("New Lease"). C. CLUB has, through a series of transactions, acquired the right to possession of the property pursuant to the New Lease. D. CLUB contends the financial commitments necessary to implement the Master Plan cannot be justified in the absence of a lease with a term of fifty (50) years. E. Prior to incurring additional expenses relative to the Master Plan, CLUB wishes to confirm CITY's commitment to consider an extension of the New Lease sufficient to ensure CLUB's ability to finance, and amortize, improvements contemplated by the Master Plan. In light of the foregoing, CITY and CLUB confirm the following: 1. CITY has the legal authority, but is not required, to approve an extension of the New Lease for a term not to exceed fifty (50) years. 2. CITY and CLUB shall immediately commence negotiations regarding the terms and conditions of an amendment to the New Lease which could, among other things, extend the term for a period of up to, but not more than, fifty (50) years. 3. Negotiations between CITY and CLUB shall be conducted as follows: a. The Ad Hoc City Council Budget Committee shall represent the CITY in negotiations with CLUB representatives. b. CITY shall commission an appraisal of the property to assist in determining Fair Market Rental Value. C. The Budget Committee shall periodically report to the City Council on the status of negotiations and to receive direction if necessary. d. All terms and conditions of any amendment to the New Lease shall be subject to the approval of the City Council. 4. Execution of this MOU does not obligate CITY to approve the Master Plan, any related permit, or any extension of the New Lease. CLUB is processing the Master Plan in compliance with the provisions of the New Lease and anticipates, but has no assurance of, CITY approval of a substantial extension to the term of the New Lease. 1 i\ • • IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Understanding as of the day of October, 1989. Date: CITY OF NEWPORT BEACH APPROVED AS TO FORM: Robert H. Burnham City Attorney ATTESTED TO: Wanda Raggio City Clerk Date: BALBAYI.MOU 10/23/89 By: Donald A. Strauss Mayor INTERNATIONAL BAY CLUBS, INC. BALBOA BAY CLUB, INC., a California corporation By: W. D. Ray Chairman of the Board By: Thomas G. Deemer President 0 OCTOBER 9,1989 MR. JOHN C. COX JR. C/O THE CITY CLERK 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 RE: BALBOA BAY CLUB DEAR JOHN: COUNCIL AGENDA NO. .J -L_. _. JEFF REUTER Senior Vice President BY TN'_ CRY COUNCIL CRY .1:rEWPORT , "T'. RECEIVED OCT 3 0 1989 OCTam -z z "/p / /- - .� I HAVE TAKEN GREAT PLEASURE IN DESIGNING AND FABRICATING THE NEW CITY SIGNS FOR CORONA DEL MAR AND NEWPORT BEACH; WITH YOUR HELP AND GUIDANCE I BELIEVE THAT WE HAVE ACCOMPLISHED AN ENORMOUS FEAT, THAT BEING, PLEASING SO MANY PEOPLE AND AT THE SAME TIME NOT LOSING THE QUALITY AND INTEGRITY THAT WE STRIVED FOR INITIALLY. IT IS MY UNDERSTANDING THAT DURING THE MONTH OF OCTOBER; REPRESENTATIVES OF THE BALBOA BAY CLUB WILL BE GOING BEFORE THE CITY COUNCIL TO REQUEST THAT THE COUNCIL AUTHORIZE A LEASE EXTENSION TO FIFTY YEARS. IT IS WITH THE SAME ENTHUSIASM THAT I WOULD LIKE TO REQUEST YOUR SUPPORT IN SEEING THIS THROUGH TO COMPLETION. AS YOU ARE AWARE, I HAVE BEEN A RESIDENT OF NEWPORT BEACH FOR OVER 37 YEARS. DURING THIS TIME I HAVE HAD THE GRATIFICATION OF UTILIZING THE CLUB, BOTH AS A MEMBER, AND AS A NON—MEMBER. IT IS NOW EXCEEDINGLY CONSPICUOUS THAT THE CLUB IS IN NEED OF MAJOR RENOVATION AND UP GRADING. TO ACCOMPLISH THIS, A LEASE EXTENSION IS IMPERATIVE TO FINANCE AND AMORTIZE THE EXTENSIVE RENOVATION. I URGE YOUR SUPPORT AND ENDORSEMENT OF THE BALBOA BAY CLUB PROPOSAL TO ALLOW PLANNING TO PROCEED WITHOUT ANY FURTHER EXPENSIVE DELAYS, WHICH MAY IMPERIL IMPLEMENTATION OF THIS PLAN. THANK YOU IN ADVANCE FOR YOUR ON THIS PROJECT.r.,�t� iS SEWTM WARM REGARDS Gc. 5: C gager JEFF REUTER G <.acrney C Etc4g. Du. cc: MR. W.D. RAY Uf.enSeryOkf p , a L A Dir. MR. TOM DEEMER MR. ROBERT HARRELL C. raannl, Oir. p Potice Chief Oir ❑ 011ier 3188 1 Airway Avenue, Costa Mesa, CA. 92626 (714)57.4064 BALBOA COVES COMMUNITASSOCIATION P.O. Box 1224 Newport Beach, Califomia 92663 29 September 1989 RE: The Balboa Bay Club's Request for a Land Lease Extension Dear Mayor Strauss and Members of the City Council: It has been brought to our attention that representatives from The Balboa Bay Club will be appearing before you on October 30th in the hopes of gaining the City of Newport Beach's authorization to extend the term on their land lease an additional fifty years. On Thursday evening. September 27th, our Board of Directors unanimously passed a motion to endorse this request for a lease extension and authorize this letter to you. Our reasons are thus: 1. The Balboa Bay Club has, for years. embraced and supported a multitude of philanthropic endeavors by donating its facilities and services for fund-raising activities and/or educational programs. We've heard the argument that the Club does not avail itself to the general public. However, in the over-all scheme of things, is it, if not better, just as good, to extend a hand to those that really need our help and support? We think so, and in our observation, this willingness and un -selfish attitude should be more than sufficient reason to extend the Club's lease. 2. Simply speaking, it's financially prudent to extend the lease. The revenues generated through the land lease, bed taxes, sales taxes, etc. are fair and equitable compensation to the city, county and state. 3. For the Club to believe enough in the value of our community, to put these 'after tax" dollars back into its facility, validates the Club's belief in our community. And, again the planned redevelopment and modernization proposal does not just take into consideration the Club's needs but the neighbors' and public's needs as well. Their redevelopment plans call for reconstruction further away from the Club's boundaries "opening up enhanced water -view corridors from the Bayshores, Newport Heights and Cliff Haven residential communities and from Pacific Coast Highway." U Eap'c�� �. Oct "rg�adca o�y� Z . continued RECEIM a 110 0 0 We believe The Balboa Bay Club has proven itself to be a good neighbor to the citizens of this community. It has considered, addressed and, we believe, will continue to be concerned about, the philanthropic, financial and aesthetic needs of our community. Therefore, the Board of Directors of the Balboa Coves Community Association hopes that you will favorably consider granting The Balboa Bay Club's request for an extention of this land lease. Mo 'ncerely, Jill ndsa Presi t The Honorable Donald A. Strauss, Mayor and City of Newport Beach City Council Members John C. Cox, Jr., Evelyn R. Hart, Ruthelyn Plummer, Philip Sansone, Clarence Turner and Jean Watt c/o The City Clerk 3300 Newport Boulevard Newport Beach, California 92663 3 0 0 Please direct to your Council representative or the entire Council as follows: (correct and substitute as appropriate) R 0 4A Date { W` oc100s The Honorable Mayor Strauss and Members of the City Coupcil c/o The City Clerk 3300 Newport Blvd. Newport Beach, Ca. 92663 Dear Mayor Strauss and Members of the City Council: As (a) resident(s) of Newport Beach (and a member of the (specify associations or organizations), I (we) would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. I (we) believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: (specify these or substitute others) 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. I (we) understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire develop- ment will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic nµ safety. yup cn,.7 og_„ figs mad C. c�•v�'_•� c�OZ30000(- - 0 0 Page Two 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. I (we) urge your support and approval of the BBC proposal to permit planning to proceed without further costly delays which may jeopordize implementation of the plan. Very truly yours, Cone 1V1:! jeku!t!e t 451 VISTA GRANDE NEWPORT BEACH, CA 92660 Please direct to your Council representative or the:;,4dt9-re Council as follows: (correct and substitute as appropr)"Ifte)` r� RECEIVED WV it an CR Date /U - 1p - �yWWeOF MAW The Honorable Mayor Strauss and Members of the City Council c/o The City Clerk 3300 Newport Blvd. Newport Beach, Ca. 92663 Dear Mayor Strauss and Members of the City Council: As (a) resident(s) of Newport Beach (and a member of the (specify associations or organizations), I (we) would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. I (we) believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: (specify these or substitute others) 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. I (we) understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire develop- ment will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic safety. !n t E a01„�o ac -yo eD .Aa auac ❑a�aaoao� Page Two 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. I (we) urge your support and approval of the BBC proposal to permit planning to proceed without further costly delays which may jeopordize implementation of the. plan. Very truly yours,, I/ l .5,R,Die&".0tj 410 G i 0 0 Please direct to your Council representative or the entire Council as follows: (correct and substitute as appropriate) Date. Vg E The Honorable Mayor Strauss and Members of the City Courie�l f c/o The City Clerk.. 3300 Newport Blvd. Newport Beach, Ca. 92663 Dear Mayor Strauss and Members of the City Council: As (a) resident(s) of Newport Beach (and a member of the (specify associations or organizations), I (we) would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. I (we) believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: (specify these or substitute others) 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. I (we) understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire develop- ment will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic safety. O~ E, r so � b ' J: SLID 0 0 Page Two 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. I (we) urge your support and approval of the BBC proposal to permit planning to proceed without further costly delays which may jeopordize implementation of the plan. Very truly ours, /s/� �w�t E740mas "W.. G.Rt 23afcoa Bay C&f If2f "W.. Coad limy. #109 eNimpos! DzaaA, C47q 92609 Please direct to your Council representative or the entire Council as follows: (correct and substitute as appropriate) Date A — 9_ The Honorable Mayor Strauss and Members of c/o The City Clerk 3300 Newport Blvd. Newport Beach, Ca. 92663 the City Counc� Dear Mayor Strauss and Members of the City Council: As (a) resident() of Newport Beach (and a member of the (specify associations or organizations), I (we) would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. I Oie) believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: (specify these or substitute others) 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. I (we) understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire develop- ment will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic safety. , • • Page Two 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. I (vLE) urge your support and approval of the BBC proposal to permit planning to proceed without further costly delays which may jeopordize implementation of the plan. Very truly yours, 1�6�3 0 • Please direct to your Council representative or the entire Council as follows: (correct and substitute as appropriate) Date /o-'�'�`{ a�>> The Honorable mayor Strauss and Members of the Cit t 1, Y Y Counit C/o The City Clerk 3300 Newport Blvd. Newport Beach, Ca. 92663 Dear Mayor Strauss and Members of the City Council: As (a) resident(s) of Newport Beach (and a member of the (specify associations or organizations), I (we) would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. I (we) believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: (specify these or substitute others) 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. I (we) understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire develop- ment will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major i&provement to traffic safety. e t E o� i c mom• � O C r.�U❑❑ Gtla❑❑❑❑❑ (�- �L Page Two 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. I (we) urge your support and approval of the BBC proposal to permit planning to proceed without further costly delays which may jeopordize implementation of the. plan. Very truly yours, ` �U U ?1 c_�:-yrws arra ri.._ ❑ n0men Tanager ❑ Attorney ❑ E'dg. Dir. u C OSery Dir. GF'$&R Dir. ❑ Planning Dir. ❑ Police Chief ❑ KIN. Dir ❑ Other l The Honorable Mayor Strauss c/o The City Clerk 3300 Newport Boulevard Newport Beach, California • October 6, 1989 and Members of the City Council 14*1.1*1 Dear Mayor Strauss and Members of the City Council: As a resident of Newport Beach and former Chairman of the Parks, Beaches and Recreation Commission, I would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. I believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. I understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire development will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic safety. 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. I urge your support and approval of the BBC proposal to permit planning to proceed without further costly delays which may jeopardize implementation of the plan. cc: N.D. Ray �1. A r� your ,s K. Ammerman 0 0 RfC �p er 13 October 9, 1989 N The Fcnorable Mayor Strauss and Members of the City Council c/o The City Clerk 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Strauss and t:embers of the City Council: As a resident of Newport Beach and a member of Friends of Oasis, Assistance League of Fewport Beach, St. Andrews Church, and the Balboa Bay Club, I would like to ask your support for the Balboa Ray Club's request to enter a new fifty year lease to permit re- development of the property. I believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressivlry deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. I under- stand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire development will Provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic 0-43 signal will provide a major improvement to teaffic safety. Date .1/.— GrM SENT TOO. The lease extension and redevelopment will provide long term riMayor financial and community serving benefits to our City. ❑ Councilmen tAaneger 4. The lease extension request is reasonable and is an action O Attorney legally anthorized by our City Charter. ❑ Mg. Dir. G^ttSery Dir' 1 urge your support and approval of the BBC proposal to permit 0 iii & R Dir. O Planni�Q Dlr. Planning to proceed without further costly delays which my jeop- ❑ Police C Di ordize implemntation of the plan. o P.W. Dir O O&W Very truly yours /) J I Bobbie Stahl 1374 Galaxy Drive Newport Beach, CA 92660 �5 Ak Akk Pei Q linkleffer�3 , construction inc. October 10, 1989 The Honorable Mayor Strauss and Members of the City Council C/O The City Clerk 3300 Newport Blvd. Newport Beach, Ca 92663 Dear Mayor Strauss and Members of the City Councils As a resident of Newport Beach and we would like to ask your support to enter a new fifty year lease to property. a member of the Balboa Bay Club, for the Balboa Bay Club's request permit redevelopment of the We believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. we understand that the plan fully complies with all elements of the City General plan, such as building height limits, land coverage and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire development will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic safety. f�1t8 0-/ 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our r ,,`ayot City. V,izns,9W U /,3tOrnew r,C ;:g7.akr. p i'. ;t3Peo��kf C:; °c''uaeitiplF� 16, October 10, 1989 Mayor Strauss and Members of City Council Page two 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. We urge your support and approval of the Balboa Bay Club proposal to permit planning to proceed without further costly delays which may jeopardize implementation of the plan. Very truly yours, LINKLETTER CONSTRUCTION, INC. WILLIAM A. GRAY President WAG/daw October 10, 1989 The Honorable Mayor Strauss And Members of the City Council C/o The City Clerk 3300 Newport Blvd. Newport Beach, Ca. 92663 Dear Mayor Strauss and :Met6bers 'of -the City Council: As a resident of Newport Beach for many years,and member of the Balboa Bay Club, I would like :to.ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit re- development of the property.. I believe the Club.is a tremendous asset to the City and the lease extension. and redevelopnoent.')psft.bsal is merited -"Tor many reasons. 1. Thepplanning c.bmpleted to date represents an overdue and needed iraY ovement of'a City asset and impressively deals with strong visual and.functional improvements to the entire property,, including parking, water views, and view corridors. I understand - that the plan fully complies with all elements of the City General Plan, such as building height limits, land, coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will -improve the appearance from Coast Highway and the overlooking bluffs, while the entire development will pro-. vide a dramatic visual enhancement from all views. The new:en- trance, traffic circulation plan, and Coast Highway traffic;.gignal will provide.a. major improvement to traffic safety. 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action r legally authorized by our City Charter. I urge your support and approval of the Balboa Bay Club proposal to permit . planning to proceed without further costly delay which may jeopordize implementation of the plan. Very -truly yours, Mrs. E.L. Roya we ,p Ms. E. L. "OVAL - COP,ES GENT � � 1221 W. COAST HWP �/p��' NEWPORT BEACH. CA. 92663 t3 Cop ndifnen UlManager ;, O AtteraeY p p1dg. Dir. p GES1SerV Dir. OCu&RD2r. 0 planning Dir. p Police Chief p P.IV. Dir a GOW 7 • 0 Dear Mayor Strauss and Members of the City Council: I have lived in Newport Beach for forty years, 37 in one house on Lido Isle. When my husband passed away in 1986 I moved to The Balboa Bay Club, Apt. #306, and hope to live here the rest of my life. I have been active in many local organizations, the Orange County Philharmonic Society, and founded The Fashionables in 1971, raising $250,000 for student scholarships (Orange County students were specified!) I am now getting back into volunteer work in the County. T would like to ask you to support the Bay Club's plans for redevelopment of the property. I believe the Club is not only a tremendous asset to me but to the City. Improve- ments to the Terrace Apartments, where I lie, and new land- scaping is badly needed. It would also improve the Club's appearance from Coast Highway and the overlooking bluffs. The new entrance, traffic circulation plan, and a Coast Highway traffic signal will provide a major improvement to traffic safety. It's my understanding that the lease extension is reasonable, and an action legally authorized by our City Charter. The lease extension and redevelopment should surely provide long term financial and community serving benefits to our City. And so I do hope your will support these long range plans, that the Balboa Bay Club can proceed without further costly delays, perhaps jeopardizing implementation of the plan. Cale 10-1619 c-iEs sWM D ilayor o Cc ften anger o imorney 0 81.10. Dir. i D Censery Dk. r c DPa&RDir. D Planning Dir. ' D Police Chia! D P.W. DU ti.? r9 Very truly yours, 4ALD&RELD�L- MEAD The Balboa Bay Club, 1306, 1221 W. Coast Hwy., Newport Beach, Ca. 92663 October 9, 1989. RECEIVED The Honorable Mayor Strauss, V Is jgp Members of the City Council, stint c/o The City Clerk, 3300 Newport Blvd., Newport Beach, Ca. 92663. Dear Mayor Strauss and Members of the City Council: I have lived in Newport Beach for forty years, 37 in one house on Lido Isle. When my husband passed away in 1986 I moved to The Balboa Bay Club, Apt. #306, and hope to live here the rest of my life. I have been active in many local organizations, the Orange County Philharmonic Society, and founded The Fashionables in 1971, raising $250,000 for student scholarships (Orange County students were specified!) I am now getting back into volunteer work in the County. T would like to ask you to support the Bay Club's plans for redevelopment of the property. I believe the Club is not only a tremendous asset to me but to the City. Improve- ments to the Terrace Apartments, where I lie, and new land- scaping is badly needed. It would also improve the Club's appearance from Coast Highway and the overlooking bluffs. The new entrance, traffic circulation plan, and a Coast Highway traffic signal will provide a major improvement to traffic safety. It's my understanding that the lease extension is reasonable, and an action legally authorized by our City Charter. The lease extension and redevelopment should surely provide long term financial and community serving benefits to our City. And so I do hope your will support these long range plans, that the Balboa Bay Club can proceed without further costly delays, perhaps jeopardizing implementation of the plan. Cale 10-1619 c-iEs sWM D ilayor o Cc ften anger o imorney 0 81.10. Dir. i D Censery Dk. r c DPa&RDir. D Planning Dir. ' D Police Chia! D P.W. DU ti.? r9 Very truly yours, 4ALD&RELD�L- MEAD The Balboa Bay Club, 1306, 1221 W. Coast Hwy., Newport Beach, Ca. 92663 0 DONALD E. OLSON ATTo"NE 1221 W. COAST HIGHWAY NEWPORT OFACH. CA 02663 (71 4) 6469461 October 13, 1989 Honorable Mayor and Council City Clerk, City Hall 3300 Newport Blvd. Newport Beach, CA., 92663 n CITY ATTORNEY CVLVER CITY 1960-60 IN91M000 Ivee.77 RE: Balboa Bay Club's Request For New 50 Year Lease Dear Honorable Mayor and Council: As a member of one of the committees working on BBC's proposed physical redevelopment, I learned that the matter of the new 50 year lease will again be on the council's agenda sometime later this month. I personally endorse the proposed improvements of BBC. Further, I recommend that Council approve of the new 50 year lease which, I understand, is necessary to effectuate the overall plan. My recommendation is based on the following considerations: (1) The new facilities will present a vast aesthetic improvement over the present archaic buildings. (2) Greater usage of the BBC by not only members, but the public will result in greater revenue to the City. (3) The improvements will afford more accomodations for regional and national conferences. This would be a public relations "plus" for the City. (4) Approving the BBC proposal will adhere to good planning prin- ciples. Any business oriented planner, after surveying the present facilities, would undoubtedly recommend that the existing build- ings should be torn down and new facilities be built worthy of the 'D`0 f-c-u�TT/—� -. y••�.7 SAN 1 1 V- uni ue location. q I r1i y iC``',-i!'Men (5) The entire improvement will be cost-free to the City. ,I, n.,ger iAt'c,ney If the issue of legality of the lease extension is raised again, ;f!aaLir in spite of the eminently qualified legal authority declaring �('^nServDir. there to be no legal problem, then reservations in that regard -3ttiF,RDir. would be more of a technicality than anything else. As a city ri Plann'.Ng Dir.. attorney for almost two decades, I have formed the notion that ❑ Police Chief raising that type of technicality is often just another way of LiP.W.Dir voting "No" on a project. a Other '/�./jlc. . 7_0 0 0 When I was City Attorney of Inglewood we built a ten story city hall, police facility and library - much of it on the middle of a public street, even though the City did not own the underlying fee and even though the heirs of the dedicator could not be located. Bonds, approved by bond counsel, were issued in spite of that technicality. The beautiful new facilities stand today where there once was a street. The police building in Culver City was built in spite of a vote by the electorate turning down the bond- ing for it. After the election, it was built (with cash) author- ized by three Council votes. Two voted the technicality, i.e. "No". At the police building dedication ceremony, one councilmem- ber who had voted "No" told me that he regretted his negative vote. When you see the plan for the new BBC, I am sure that business and planning judgement will prevail over technicalities, however well intentioned they are raised. I Ols Copies: Mayor and councilmembers individually 0 BRUCE ENGLEBRECHT 0 1, A W Y E R 1300 Dove Street • Suite 200 • Newport Beach • California 926602416 (71419550303 FAX (7141955-0881 October 17, 1989 The Honorable Mayor Strauss and Members of the City Council c/o the City Clerk 3300 Newport Blvd. Newport Beach, CA 92663 Gentlepeople: As a resident of and practicing attorney in Newport Beach for eighteen years, I would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. I believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property. I understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire development will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic safety. 3. The lease extension and redevelopment will provide long term financial and community -serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. I urge your support and approval of the Balboa Bay Club proposal to permit planning to proceed without further costly delays which may jeopardize implementation of the plan. ' �o X ABruceEn t7 � $ m CC-1ebrecht LOS ANGELES OFFICEuth Gran) Aeeuue.• Suite 14IM • Lun AnGeka • Califurula 90071 (213)026-2311 FAX (213(3730564 -.Zy Ll 9 October 1989 Richard P. Hausman 2500 MlcheLson Drive, Suite 200 Irvine, CaRfomic 92715-1568 (714) 476.8804 0 The Honorable Donald A. Strauss, Mayor and City of Newport Beach City Council Members John C. Cox, Jr., Evelyn R. Hart, Ruthelyn Plummer, Philip Sansone, Clarence Turner and Jean Watt C/o The City Clerk 3300 Newport Boulevard Newport Beach, California 92663 RE: The Balboa Bay Club's Request for a Land Lease Extension Dear Mayor Strauss and Members of the City Council: As a long-time resident of Newport Beach and member of the Balboa Bay Club's Board of Governors, I am writing to you in the hopes that you will indeed consider granting the Club's request to extend the term on their land lease an additional fifty years. This extension is necessary to gain the necessary financing for their extensive improvement program. I believe that approval of this request should be granted for the following reasons: 1. The Club has shown every consideration by addressing the functional and asthetic aspects of their improvement plan while simultaneously complying with the City's General Plan. 2. From a revenue standpoint, I believe it is, and will continue to be, a prudent and viable source of income to the City. 3. The Balboa Bay Club is an integral part of our city's historic fabric. The Balboa Bay Club has proven itself to be a good neighbor to the citizens of this community. It has considered, addressed and, I believe, will continue to be concerned about, the philanthropic, financial and aesthetic needs of our community. Therefore, I do hope that you will favorably consider granting The Balboa Bay Club's request for an extention of thi land lease. D- SS�iJTTa Most sincerely, ltd i;. SjCf L3 A,t.:mey [] L�;i, Dir. 0 (,ri.,ry Dir_ C3{u&RUr. ❑ ('ia7ning 04. ❑ Pofice Chiei z p P.W. Dir r.z ❑ OS1tt p ,,,: • • MURIEL REYNOLDS October 13, 1989 The Honorable Mayor Strauss and Members of the City Council C/O The City Clerk 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Strauss and Members of the City Councils As a resident of Newport Beach and the Balboa Bay Club, I would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. I believe the Club is a tremendous asset to the City and the lease extension.and redevelopment proposal is merited and the request is reasonable and is an action legally authorized by our City Charter. I urge your support and approval of the Club proposal to permit planning to proceed without further costly delays which may jeopordize implementa- tion of the plan. Very truly yours, 1221 W. Coast Hwy., #215 Newport Beach, CA 92663 Date Co ES SANT T0:' ❑ Ccis en NEC manageer o miorne i f . Dir. ,-n rrnC^.N Dir. t p o U P`. 8 R Dir. p Ftanni. Dir. - �7CAiet Dir C ftaw( 0 October 16, 1989 P AS Company 2711 F.. Coast Ilighway P.U. Box 68.1 Coruna Dcl Mar. Cahfurnia 9262 (8001 .325-27,00 (714) 675-277.1 The Honorable Mayor Strauss City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92663 0 RECEIVED OCT 19 1989 and Members of the City Courtici 1�� Dear Mayor Strauss and Members of the Council: We would like to ask your support for the Balboa Bay Club's proposed lease extension, which will probably be presented for review the end of this October. As residents of Newport Beach since 1979, we feel that the Balboa Bay Club is a great asset to the City of Newport Beach. The BBC has been an institution in our beach area for many years; three and four generations of Southern Californians have enjoyed its amenities. The new plans (which meet all elements of the General Plan - particularly the height limit) will make this facility even more functional, beautiful. and an even greater addition to our city. Specifically, there are two items that we feel should be addressed, since they directly affect all residents of our area: Public use of the Balboa Bay Club: The Balboa Bay Club is presently used by mariy cTvic, cultural and charitable groups from Newport Beach, Orange County and all of Southern California for an assortment of meetings and functions. The Bay Club has a very open policy encouraging use of their public rooms - and with the redevelopment of the club areas, these public areas will be even more functional and beautiful. Access to the Balboa Bay Club: As you are aware, theBay ITuT w1lT be paying mor The signal and any necessary entrance and turn changes on Pacific Coast Highway. This segment of the highway has had a series of accidents, primarily by residents trying to access the club area. We feel this addition to Pacific Coast Highway will make the highway safer for all, and will remove a very hazardous stretch of road. l 4, We urge yby-r support of these plans. n Pennington �— o n"Penntng o i - 1918 cy �'kfivr 89 Real Estate Appraisals 75 0 0 October 16, 1989 The Honorable Mayor Strauss and Members of the City Council C/o The City Clerk 3300 Newport Boulevard Newport Beach, California 92663 Your :Office AC enie 2620 south Caldorma Avenue Monrov,a. Caldorma 91016 (818) 3573812 • (818) 3589103 • (816) 303.8747 (213) 6814604 Dear Mayor Strauss and Members of the City Council: T RECEIVED OCT 19 1989 aftalm W40F We are residents of Newport Beach and would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. We believe the Club is an asset to the City and the lease extension and redevelopment proposal would enhance the property as well as being an asset to the City. Any other plans for this property would probably pose a liability for the City and take away a major source of income. The lease extension and redevelopment would provide a tremendous financial benefit to the City as well as helping serve with community projects. We sincerely urge your support and to permit planning to proceed without jeopardize implementation of the plan. S � c 1 "1 / J eph C. Ciraulo JCC:cfc approval of the proposal further delays which could ' . c,�.a1r9c,1g89 0 DONALD E. VANCE 0 RECEIVD�Ey� October 19, 1989 WT 20 14 swam GlY Ot Mayor Donald A. Strauss 101 Via Venezia Newport Beach, CA 92663 RE: Balboa Bay Club Lease Extension Dear Mayor Strauss: As a resident of the Balboa Bay Club Terrace Apartments I would urge that the City Council support the Bay Club's request For a lease extension. I appeared before the Council at the first public meeting to ask that the Council vote and not delay this very important government responsibility to the community. As you and the Council must know, it is impossible to Finance any development when waiting for government approvals and cost continue to go up. Lack of action on the part of local government has probably been the largest contributor to high costs to the consumer in California. In order to not be redundant, I will copy this letter to the other six members of the Council via Wanda Raggio, City Clerk. It is important For the Council to understand that the Newport Beech community is truly behind this request to improve the area. As President of the USC Alumni Association in Newport Beach, I have had the opportunity to question many people from many perspectives and so far have not found any opposition to the Bay Club's plans. Of course, I can't speak For the USC Alumni, but I do think that it is a broad overview of the Newport community feeling in reference to this development. Thank you For taking time you and other members of ably go��unr warded. and FF7f-ap�d7appreciate (Sine rel/y, // n Donald E. Vence to read this letter. The service that the Council give to our community will However, I really understand the time your consideration. cc: Wanda E. Raggio Newport Beach City Council 1221 West Coast Highway, Suite 310, Newport Beach, Cali(. 92663 714/645-5000 • JOHN KIN(;sLEY 1212 DEVON LANE NEWPORT BEACH, CALIFORNIA 92660 October 20, 1989 The Honorable Mayor Strauss Members of the City Council c/o The City Clerk 3300 Newport Boulevard Newport Beach, CA 92663 C] Dear Mayor Strauss and City Council Members: RECEIVED XT 3 19Bg �aet As residents of Newport Beach and members of the Balboa Bay Club since 1976, we solicit your support for the Bay Club's request to enter a new fifty (50) year lease in order to permit redevelopment of the property. We believe the Club is an extremely important asset to the City of Newport Beach and has been so since the late 1940's, when we first had the privilege of attending their Saturday night buffet/dinner dance. we believe the proposal is merited for the following reasons: 1. The plan represents an overdue and much needed improvement of a city asset and impressively deals with strong, visual and functional improvements to the entire property, including parking, water views, and view corridors. We understand the plan fully complies with all elements of the City General Plan, i.e., building height limits, land coverage and parking. 2. Improvements will update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs. The entire development will pro- vide a dramatic visual enhancement from all angles. The new entrance, traffic circulation plan and Coast Highway traffic are much needed now and will provide a major improvement to traffic and safety. 3• The lease extension and redevelopment will provide longterm financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. - z - We urge your support and approval of the Balboa Bay Club's proposal to permit planning to proceed without further costly delays which may jeopordize the entire project and implementation of the plan. Most sincerely, • � i j )YOhn rind Patricia i gs ril,<y C,/Balboa Bay Club Mem ers #168 7� � (Ile QCT 23 A9 c `1 C / CITY WRf OT, •11 �} y�,t�, kFWal�•:'S.;. I&acl, Z�, �PL I/Cr �/'lam- .-���Ln LCL"Gd-Q� �✓ �y��-�'�3"yc�C�t�-4.a� �l/ CIA a ,i..7.y`_ "'>>z.C!-IK",/YZ.f-lL�iL�I �d �� C'.,L[_c-D-'. V) �� �N r✓ �C•Cctt.�.t ��- _���Q � :�..ZD Ce'�Z.�.. (,.�c-C.c�f � ������`L:� J`'�- `—� 1 n G� Yjn 3o -A- E 0 -/&. �� (Vv g6al 4001 BIRCH STREET. $UTE A . NEWPORT BEACH. CwPORMA 02OW October 20, 1989 RECEIVED The Honorable Mayor Strauss and 0 23 bN Members of the City council nrNOW Km C/O The City Clerk 3300 Newport Blvd. Newport Beach, Calif. 92663 Dear Sirs: As a resident of Newport Beach, I would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelogmnt of the property. I believe the Bay Club is an irrgortant part of Newport Beach, and serves the entire ccnminity not just its' menbers. I would like to be sure it will be here for many years to ccm. Si4,Y, I Gary G. Dia1 G(Z)/vmh 3l BEVERLY HILLS OFFICE FIRST LOS ANGELES BANX 9505 WILSHIRE BOULEVARD SU -1E 400 BEVERLY HIL'_S.CA 90212 TELEPHONE Z131 218-2287 FAX 1213: 2164049 October 20, 1989 0 0 PRaMR,UDDER & GRAVES ATTORNEYS AT LAW RECEIVED OCT 23 1989 O" x911 AIMIaK 01 ORANGE COUNTY OFIKE NEXUS FINANCIAL CENTER )OI SOUTH PARKER STREET SUITE 1300 ORANGC.CA 92666 TELERHONE PIA) 9531555 AX 1114: 556-3463 TELEX P141 63 5-230 5 Orange REPLY TO The Honorable Mayor Strauss and Members of the City Counsel c/o The City Clerk 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Strauss and Members of the City Counsel: As a resident of Newport Beach, I would like to ask your support for the Balboa Bay Club's request to enter into a new fifty year lease to permit redevelopment of the property. I believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal are merited for many reasons: 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. I understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire development will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic safety. 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Charter. Z PRATTER. TEDDER & GR.WEso ATTOR.EY5 AT ..AW 1 The Honorable Mayor Strauss and Members of the City Counsel October 19, 1989 Page 2 I urge your support and approval of the BBC proposal to permit planning to proceed without further costly delays which may jeopardize implementation of the plan. Very truly yours, Arthur A. Graves, III i7 0 0 �al,i 114'1171AYI October 18, 1989 4 The Honorable Mayor Strauss RECEIVED & Members of the City Council OCT 23 1989 C/O City Clerk CP CLERK 3300 Newport Boulevard x unr e Newport Beach, California 92663 Dear Mayor Strauss & Members of the City Council: Having been privileged to observe and applaud the develop- ment arra progress of Newport Beach over the past seven decades, I should like to pass on some of my observations relating to the ground lease of The Balboa Bay Club location. The amazing growth of Newport Beach, the harbor, and its environs has been parallel by a strong and wholesome development of The Balboa Bay Club. The club has become a major factor in commerce, public relations, yachting, philanthropy and other desirable assets to the city. In the year 2011, the ground lease would be due to expire. As you are well aware, the lease has been a very lucrative source of income to the city, and such source of income should be perpetuated. The club now wishes to make major improvements to the property, which could of necessity, require a lease extension. My forty -year relationship with the club has been excellent, and my age would indicate that I should not be concerned about the year 2011; however, it is my wish that future generations might be erdowed with the advantages and pleasures our city now affords. I feel that The Balboa Bay Club continues to exert a positive effect on the city, the harbor, and the surrounding area. It would there- fore behoove all the concerned parties to cooperate closely in our interest of continued growth. Thank you for giving consideration to my feelings on these most important matters. Sincerely, v/ J�2I � rr r 1221 West CUHSI Highway. Newport Beach. California 92663 if 41 645';)000 - Apt. #404 3 c6 • 0 PAUL T. SALATA 3100 AIRWAY AVENUE. SUITE 124 COSTA MESA. CALIFORNIA 92626 (714) 5560353 October 18, 1989 The Honorable Mayor Don Strauss & Members of the City Council c/o The City Clerk 3300 Newport Boulevard Newport Beach, California 92663 Dear Mayor Strauss and Mm bers of the City Council: After exhaustive questioning of a large number of citizens, from various lifestyles and environments living in Newport Beach, I have concluded that they and I support the approval of The Balboa Bay Club's proposal to extend their lease. The benefits to all the citizens of our city are obvious. I hereby urge your support and vote on this natter. Sincarely, Paul T. Salata o "RECEIVE fTERAGEM`DA H • Media ManageNiED:" R r• Marketing • Advertising O • Public Relations October 23, 1989 O Newport Beach/Palm Springs The Honorable Mayor Don Strauss & Members of the City c/o The City Clerk 3300 Newport Blvd. Newport Beach, CA. 92663 Dear Mayor Strauss and Members of the City Council: RECEIVED CouncAa,,,25 ag ZZ As a long-time resident of Newport Beach and a member of the Balboa Bay Club's Board of Governors, I would like to ask your support for the Club's fifty year lease request. The Club's plans for renovation are extensive and because of this they will need a fifty year lease to finance and amortize the improvements. The Balboa Bay Club is deeply rooted in the history of our community. As a young reporter, it was where I spent much time covering social, charitable and civic events. It was then, and still remains, a focal point of community leadership activities for our city. I believe the Club is a tremendous asset to our community and the lease extension and the Club's redevelopment proposal will only help to better the important communications and social link it has become. The planning completed to date represents an overdue and needed improvement of a City asset. It impressively deals with visual and functional improvements to the entire property, including parking, water views, and view corridors. It fully complies with all elements of the City General Plan (building height limits, land coverage, parking). Improvements to the Terrace Apartments will update the look, and new landscapinq will imrrove the appearance frnm Coact Ri.n`+.w?y and tl+P bluffs. The entire development should provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide x major improvement to traffic safety. The lease extension and redevelopment will provide long term financial and community service benefits to our City and is a reasonable extension request, legal authorized by our City Charter. I urge your support and approval of the BBC proposal to permit planning to proceed without further costly delays which could jeopardize imp en n of the plan. nc �l %s Michaels Media • Post Office Box 832, Corona del Mar, California 92625 (714) 76040484 0 "RECEIVED,qU, AGENDA PRINTED ' David A. Marotta The llonorablc Mayor Don Strauss & Members of the Cita' Council c/o The City Clerk 3300 Newport Boulevard Newport. Beach, CA 42663 0 October 25, 14841 Dear Mayor Strauss and Memhers of the City Council: R RECEIVED Ntwvo } ea0� As a fifteen -year resident, of Newport Beach and a member of the Bal Loa Baty- C'lub's Board of Governors, 1 ask your• support for the Club's fifty-year lease request.. the plans for renovation are. extensive, and Lhey will need a fifty-year lease to finance and amortize the .improvements. I'he Club is a major part. of Newport. Beach, and for years has been a focal point. for the City. ']he club is an asset, and Lhe lease ext.ensi.on and redevelopment. proposal is merited for these reasons: The planning compleLcd to date represents an overdue and needed I mprovement, and deals with visual and functional improvements to the entire property, including parking, water views, and . w corridors. The plan fully comp'lics with all elements of the City General Plan, such its building height. limits, land coverage, and parking. 2. Improvements to Lhe Terrace. .apartments will improve thn appearance for Coast. Highway and the overlooking bluffs, whil.e. the ent.ir•e deyel.opmcnt will. provide visual enhancement from all views. The new entrance, traffic circulation plan, and Coast. Highway traffic signal wi.LL provide improvement. to traffic safeL.x. 3. 'rhe lease extension and subsocluent redevelopment w•i1.L provide it long-term financial and community serving benefit. to the Cit.c. 1. rhe lease extension request is reasonable and is an action legally authorized by The Newport. Beach City Chart.er- I request. your support and approval of the Club proposal to permit planning to proceed without. furt.ilk' r Costly delays. Very Lruly' yours, 5 Cypress Point Lane, Newpon Beach,CafAornia 92660 (714) 640-1665 0 0 a. a• r.� ,� 4 RECEIVED OCT 26 1999 p�a� Nsrroat eea October 18, 1989 The Honorable Mayor Strauss and Members of the City Council C/O The City Clerk 3300 Newport Blvd. Newport Beach, California 92663 Dear Mayor Strauss and Members of the City Council: As residents of Newport Beach, we would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. We believe the Club is a tremendous asset to the City, and the lease extension and redevelopment proposal is merited for many reasons% 1. The planning completed to date represents an over- due and needed improvement of the City asset, and impressively deals with strong visual and functional improvements to the entire property, including park- ing, water views, and view corridors. We understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage, and parking. 2. Improvements to the Terrace Apartments that update the look and new landscaping will improve the appear- ance from Coast Highway and the overlooking bluffs, while the entire development will provide a dramatic visual enhancement from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic safety. 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable, and is an action legally authorized by our City Charter. 0 October 18, 1989 The Honorable Mayor Strauss and Members of the City Council Page -2- We urge your support and approval of the Balboa Bay Club proposal to permit planning to proceed without further costly delays which may jeopardize implementation of the plan. Very truly yours, Mr. Matthew r. schatr4tz <� Mrs. Tina R. Sch itz �/ 0 October 20, 1989 RECEIVV.1� ttj � el J;Ako 0 "RECEM AFTER AGENDA PRINTED:" •7- / The Honorable Mayor Strauss and Members of the City Council c/o The City Clerk 3300 Newport Blvd. Newport Beach, Ca. 9663 Dear Mayor Strauss and Members of the City Council: My name is Robert Boggio. I have lived full time in our beautiful City of Newport Beach since the late 70s and part time since birth ( I am 51 years old ). I am proud to say I have been a member and/or participant in various ways of the Balboa Bay Club most of by life. The City of Newport Beach has more to offer than any other City in Orange County, and we are all proud of that! Part of that pride is due directly to the Balboa Bay Club. The Club has maintained integrity throughout its existance and continues to be a major asset to the City of Newport Beach. It would be hard for me to believe that anyone would be in disagreement that Club rejuvination would in fact bolster the City of Newport Beach, in many ways. The visual and functional improvements alone will promote additional revenue as well as beautification for our City. Traffic which is always a concern will also be benefitted by this master plan. Mayor Strauss and Members of the City Council, I ask you at this time to act in the best interest of Newport Beach and grant the extension to the Balboa Bay Club and let them get on with the work. Help them to help our City. I personally have heard not one valid objection to this plan that would hurt our City, so my vote must go with the Balboa Bay Club, and I urge you to support this plan also. Thank you for your attention, I look continued success for Newport Beach. Sincerely, Robert L. Boggio Resident cc: W.D. Ray T. Deemer forward to many years of • RECE ;=!L- Mr. AGENDA PRINTED" • Don Bruner 11 Serena Court Newport Beach, CA 92663 October 24, 1989 The Honorable Mayor Strauss and Members of the City Council Cho The City Clerk 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Strauss and Members of the City Council: As residents of Newport Beach and members of the Balboa Bay Club and Newport Crest Homeowners Association, we Would like to ask your support for the Balboa Bay Club's request to enter a new fifty year lease to permit redevelopment of the property. We believe the Club is a tremendous asset to the City and the lease extension and redevelopment proposal is merited for many reasons: 1. The planning completed to date represents an overdue and needed improvement of a City asset and impressively deals with strong visual and functional improvements to the entire property, including parking, water views, and view corridors. We understand that the plan fully complies with all elements of the City rural Plan, such as building height limits, land coverage, and parking. 2. Tmprovemante to the Terrace Apartments that update the look and new landscaping will improve the appearance from Coast Highway and the overlooking bluffs, while the entire development will provide a dramatic visual anhanoemant from all views. The new entrance, traffic circulation plan, and Coast Highway traffic signal will provide a major improvement to traffic safety. 3. The lease extension and redevelopment will provide long term financial and community serving benefits to our City. 4. The lease extension request is reasonable and is an action legally authorized by our City Garter. We urge your support and approval of the BBC proposal to permit planning to proceed without further costly delays which may Jeopardize implementation of the plan. very fly yds, va n Charles D. Brunerg p 0 71 1 ---ln. Fisher Idea Systems 18MI Von Karmen Ave. + Ground Floor a Irvine. CA 92715 + (714) 474-8111 BOARD OF ADVISORS October 25, 1989 K.W. BrM{w, MD. Prok.r of iw.y U u%d ,1y llf H.Hll Cmbf,.eclemse The Honorable Mayor Strauss 6 Member of the City Fow a Council cocla.mCL .lr.W..aC. c/o The City Clerk Ja.re cr,n"` 3300 Newport Blvd. t Preudenl C,xfl&Auo . Newport Beach, Ca 92663 Maim Cupp, Ed.D. Prrvdenr.C.PPAAwo 1. Dear Mayor Strauss 6 Members of the City Council, FAuuuolul ConwWa. Vittoria F'ekawCoi1n, PLD. As a resident of Newport Beach (and a member and CMifd Fw.] Pleoar FehonrdYn. WoodA AA . resident of the Balboa Bay Club), I am in favor of Rot.frtCUdwW the Balboa Bay Club's securing of a new 50 year cti,men lease to permit re -development of the property. D.yFb Soh+.rc Ting Hul As I understand the general plans for improvement as Vac, IhOneea C.,P ti well as the specific plan for apartment improvement TI.Krgr are in order and will provide well for the Praiaeet community. kl. Sofuwm W°haw Xr"e•PgD• Prnidcnl The long-term financial benefits to the community as W.IISIIa1Fiu.rc,Wcmm well as the city is noteworthy, and the lease CwQyxJ.Klrr1 extension program is legally authorized. Prect4cnl A CEO Shc+.rc M.m Im I do hope you will properly consider these points in SeonLow p C..o l evaluating the future of our city. AWW J. Mendel Eeecwi.e Vk, P.denl Sincerely, RedPle CO---IWM Com. JIM Moa, FISHER IDEA SYSTEMS, INC. ?f FIvrcW Cwulun C'PR.i� Byigpig R!�R■�Ie��'� ?.W . i CEO p INFOTEC fhrebpmenl.lnc i off c` r SMMY J. Fine" fishe s , Prokmar Eme.:le Founder 90&. Sute U.Ily C014ec Alex N. Peflebe, PLD. MF:ds:lp ^`- Cerodleet Jack Remo AltorrKy a lav P.b AV-. CWfornn Roaaw J. Sargent AOidenl tdcati Dgbom► Todd M. wms CoauVm G~ W. We" Foeedn. Cb., .n i CEO WWI Shea Fivmi.l Core (N.+ W Mie Wein Pm,dmt MKrdylu. Inc. HAIM "RECEIVED TER AGENDA 01t PRINTED:" REALTY 2845 EAST COAST HIGHWAY . CORONA DEL MAR. CALIFORNIA 926252990 • (714) 673-4400 . (213) 628-2828 WILLIAM C. RING PRESIDENT 4 ItECENO October 26, 1989 to e0 The Honorable Mayor Don Strauss and Members of the City Council C/O The City Clerk 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mayor Strauss and Members of the City Council, As a resident of Newport Beach for 48 years and a member of the Balboa Bay Clubs Board of Governors, I would like to ask your support for the Club's fifty year lease request. I believe the Balboa Bay Club city and the lease extension merited for many reasons: is a tremendous asset to our and redevelopment proposal is 1. The planning completed to date represents an overdue and needed improvement of a city asset. I understand that the plan fully complies with all elements of the City General Plan, such as building height limits, land coverage and parking. 2. The development will provide dramatic visual enhancement. The new entrance, traffic circulation plan and Coast Highway traffic signal will provide a major improvement to traffic safety. 3. The lease extension and redevelopment will provide long term financial and community service benefits to our city. I urge your support and approval of the BBC proposal to permit planning to proceed without further delay. Very trAly y COOEVEI 0PE Of DOVER SHORES . IRVINE TERRACE • IRVINE COVE • BALBOA COVES • EASTBLUFF • BAYSIOE VILLAGE • IRVINE COAST COUNTRY CLUB CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY June 2, 1989 TO: Mayor and Members of the City Council FROM: Robert H. Burnham SUBJ: Balboa Bay Club Refinancing Bill Ray has completed the financial transaction which included use of the Bay Club Lease as partial security for repayment of a loan for approximately $30 million dollars. In the past week, the Mayor Pro Tem has signed two documents related to this transaction. The first document changed the name, but not structure, of certain parties to the Consent to Assignment. The second document is a Memorandum of Lease which incorporates by reference the terms of the 1986 Lease and the memorandum will be recorded instead of the entire lease. These documents do not constitute any substantive change to the transaction or documents approved by the City Council. The parties to the transaction will send fully executed copies of all relevant documents to the City Clerk within ten days. Please call if you have any questions. R bert H. BUrnham City Attorney RHB:Jg cc: Wanda Raggio