HomeMy WebLinkAbout15 - Hoag Memorial Hospital - Development Agreement Annual Compliance Review - CorrespondenceAPR -26 -2010 MON 02:18 PM JDT &P IRVINE sec FAX NO. 9497520697
Jackson I DeMancol Tidus
Peckenpaugh
A L A W C O R P O R A T I O N
2030 Main Street, Suite 1200
Irvine, California 92614
tel 949.752.8585
fax 949.752.0597
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PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE
Date: April 26, 2010
TO: Name: City Council
Company: City of Newport Beach
Fax Number. (949) 644-3039
Phone Number. (949) 644-3005
Number of pages, including this page: 4
PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY.
Please call 949.752.8585 and ask for the Fax Center
FROM: Name:
File No:
Client:
Matter.
Michele A. Staples
6014/46474
COMMENTS: Please inote, this letter is being submitted for your oonsideration In
connection with Hoag Memorial Hospital Presbyterian's Development Agreement
Annual Review, Item 15 on the City Council's April 27, 2010 Agenda.
P. 01
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APR -26 -2010 MON 02:19 PM JDT &P IRVINE sec FAX NO. 9497520597 P. 02
Jackson I DeMarcoI pst EIS /ED
P�eckenpaugh2010 A ?R PM 2-- 30
A LAW CORPORATION FCEOF
April 26, 2010 oirect DiaCp THE
Email: mstap 1C�Iaw oom
Reply to: Wine Office
File No: 6014146474
VIA FACSIMILE AND OVERNIGHT MALT.
City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Hoag Memorial Hospital Presbyterian; Development Agreement Annual
Compliance Review (Item 15 on April 21, Z010, City Council Agenda)
Dear Honorable Mayor and Members of the City Council:
We represent Villa Balboa Community Association ("Villa Balboa "). The following
comments are submitted for your consideration in connection with Hoag Memorial Hospital
Presbyterian's ( "Hoag' Development Agreement Annual Review, Item 15 on the City Council's
April 27, 2010, agenda. We request that these comments be included in the administrative
record for this agenda item. As discussed below, we also request that the City Council continue
its Annual Review to another Council meeting within sixty (60) days to review the progress of
the window replacement program.
Hoag is obligated under its Master Plan Update and Mitigation Measure PDF 3.41, as
modified by Hoag's settlement agreement with Villa Balboa, to provide a window replacement
program for eighteen (18) units located on Cagney Lane in Villa Balboa, as summarized on
pages 3-4 of the staff report. The program requires Hoag to replace windows, sliding glass
doors, and interior and exterior stucco, trim and paint Tepair, in the 18 units. Hoag is financially
responsible for implementing the program (pursuant to the City's reconciliation of bids), as well
as the cost of a performance bond, administrative fees, and a contingency fund. The program
was supposed to be implemented by March 2009.
Villa Balboa and Hoag provided the City with their respective bid proposals for the
window replacement program. The City subsequently issued a proposed bid reconciliation on
December 8, 2009 (enclosed for your reference). Villa Balboa notified the City on December 17,
2009, that it agrees with the City's proposed bid reconciliation, and sent a confirming letter to
this effect on January 11, 2010. Villa Balboa later conducted asbestos testing as required by the
City's reconciliation. The testing revealed that asbestos is not of concern in connection with
Hoag's window replacement program.
As of the date of this letter, Hoag has not approved the City's proposed bid
reconciliation. Villa Balboa understands that Hoag's failure to approve the City's bid
reconciliation is the only remaining issue precluding implementation of the window replacement
program. Villa Balboa requests that Hoag confirm its approval to the City and Villa Balboa as
Irvine I tnAne, Calif � 92 1452 1200 2815 I �� �' CallfMOn9136L I www.ldlylaw.mm
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APR -26 -2010 MON 0219 PI1 JDT&P IRVINE sec FAX NO. 9497520597 P. 03
City Council
City of Newport Beach
April 26, 2010
Page 2
soon as possible so that Villa Balboa may notify the affected homeowners as necessary to
confirm which units will be participating in the program. Hoag would then provide the required
deposits as necessary for the window replacement program to proceed.
Villa Balboa requests that the City Council continue its Annual Compliance Review to a
Council meeting within 60 days after the April 27 meeting in order to ensure Hoag's approval of
the City's bid reconciliation and compliance with this important component of its Master Plan
Update's mitigation obligations.
Thank you for the opportunity to provide comments on this important issue affecting the
Villa Balboa community and its residents. Please contact me at the above number if you have
any questions.
r' i
Michele A. Staples
Enclosure: City's December 8, 2009, bid reconciliation
co: David Lapo, Planning Director, City of Newport Beach (via e-mail, w/ Encl.)
James Campbell, Principal Planner, City of Newport Beach (via e-mail, w/ Encl.)
Dennis O'Neil, Bsq., Attorney for Hoag (via a -mail, w/ Encl.)
955=3
APR -26 -2010 MON 02:19 PN JDT &P IRVINE sec FAX N0. 9497520597 P. 04
Hoag Window Replacement Program
Tentative Cost Estimate
Full scope -18 units
pans /deck repair
asbestos testing
plans
permits
subtotal
10% administrative fee
204 refundable contingency
Total
$
388,355
$
(13,400)
$
1,000
$
2,500
$
5,500
$
383,955
$
38,396
$
76,791
$
499,142
Notes:
1 Full scope per American Vislon estimate facllime August 2009 and
Includes per unit estimate plus sloped windows, scaffolding and galvanized steel pans.
2. Estimates are subject to change based upon final measurements
and walk thru by the contractor.
3. Administrative fee and contingency based upon Hoag/Va settlement agreement.
4. Veriflcation of window /doors ability to meet STC 37 to be submitted
Page 2 12/08/2009
Meeting with City of Newport Beach re: moos Hospital
April 2 Yo 2010
My name is Mary Mtrepenles and 1 live at 180 Cagnsy
Lane ie Newport Beach*
to 1 have been a Villa Balboa Resident sines 1981 -- -prier
to Hoag Hospitors purchase of the Lower Compuus
property. There are many VB residents who lived here
when the property was owned by Cal Trans prior to Heap
Hospitals purchase.
1. For doss to 10 roan, 1 have boon at 11 amg ling to get
Hoag Hospital to beaver their agrsshnsnt with the City of
Newport Boach, (1 have attached a copy of the section of
the City agreement regarding height of trees.) A
number of VIN residents were here at that tinge and
participated in the discussions regarding the Mean
Cancer Center. We know what was said, what was
promised and what was negotiated regarding Building
heights and Tree beyhO6
3. In 10069 after many years and hundreds of e- mails,
phone calls, letters regarding tree heights and view
obstructiee. 1 contacted the Orange County Register
who published an article regarding Hoag hospital and
my oflerts to preserve both private and public views.
(Copy sttackhN)
4. As a resnk of that article and only because of the
negative publicity, Hoag agreed to reunueve a number
of trees which were obstructing viewj4 with the
pronnise of working with us to work out a solution.
S. However, today* ,% years later, numerous trees SUN
remain wbieh are not only blocking private views but
public views from Sunset View Parh which borders the
entire length of VN property and the Moan Lower
Canopus.
6. THE ISSOE IS NOT HOW MANY TREES HAVE BEEN
REMOVED OR TRIMMED9 IT IS THE FACT THAT HOAG
PLANTED THESE TREES VMICH WERE AND ARE IN
VIOLATION OF THE CITY AGREEMENT. AMD REi0111E TO
REMOVE THEM.
7. 1 have selected just a small portion of correspondence
dating as far back as 1990 to the present. In the early
rears, before the PR Office. Vol residents worked with T
great Mean employees, Greg Simpson (EnglneeAng)q who
promptly addressed the trimming of trees, and Sherry
Sumnor, who worked tirelessly wtfi VS residents in
Community Relations to listen to us and alleviate our
concerus. We miss them greatly.
The ow espoudence attached is mainly between Noag PR
ofMee regarding trees, construction noise and using the
back entrance of the Cancer Cuter as a Leading Dock
(See attached photo 01). which is aloe a violation of the
city agreement.
g. 1 am asking you, the City of Newport Beach to please
take On time to review these documents. 1 have an
entire file box *ram 19" to the present also available
for your review.
9. INS TIM& HOAG HOSPITAL, FOR YOU TO ABIDE BY THE
CITY AGREEMENT. 1 am requesting that a City
Representative and you Dr. Afsble walk wtth me along
Sunset View Park (a Public Park) and see that the PUBLIC
VIEW OF NEWPORT MAY IS SLOWLY DISAPPEARING
BECAUSE OF HOAG TREES. (See Photo #Z)
1 O. Nowever, you+" have to watt for 4 nwnths, because
Hoag has put up a chain -link farce covered with green
awning with large holes in the center to "mitigate the
dust" per a requirement of the Ceastal commission while
they landscape the hillside, There was absolutely no
notice given to Vd residents who are GREATLY Impacted
by this. (Soo Preto 03)
Less than 1 weeks prier to the femme being constructed, a
Hoag representative attended a Willa Balboa
meeting to give a HOAG UPDATE. Sbe was asked directly,
if there was any new activity teldog place on the lower
caunpus that would impact Villa Balboa residents.
She clearly stated. NO — less thaw Z weeks later we have
a fence with TOTAL VIEW BLOCKAGE ALONG THREE
QUARTERS OF SUNSET VIEW PARKS far At mouths at the
most beautiful time of year.
This is just one NhustratNw of what has occurred between
Hoag and Villa Balboa residents over the years. Do 1
dare mention the travesty of the Cogan Plant!
It's tine, Hoag Hospital to hewer your agroonm and
for you, the city of Newport Beach to enforce It.
Thank yon
•
1 (1
N.6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADOPTING AN AMENDMENT
REZONING THE PROPERTY COMMONLY KNOWN AS
HOAG MEMORIAL HOSPITAL PRESBYTERIAN FROM
THE A-P -H AND THE U DISTRICTS TO THE P-C
(PLANNED COMMUNITY) DISTRICT, AMENDING
CHAPTER 20.02 OF THE NEWPORT BEACH MUNICIPAL
CODE TO REVISE THE HEIGHT LIMITATION ZONES
MAP AND THE LEGAL DESCRIPTION OF THE 26/35
FOOT HEIGHT LIMITATION DISTRICT AND ADOPTING
PLANNED COMMUNITY DISTRICT REGULATIONS AND
DEVELOPMENT PLAN FOR HOAG HOSPITAL
(PLANNING COMMISSION AMENDM G NO, 744)
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. The subject property is the following real property in the City
of Newport Beach, County of Change, State of California:
Parcel 1:
That portion of Lots 169 and
Lot 172 in Block 1 of Irvine
recorded in Book 1, Page 88
of Orange County, California
Parcel 2:
170 in Block 2 and a portion of
Subdivision, as shown on a map
of Miscellaneous Maps, Records
That portion of Lot 172 in Block 1 of Irvine Subdivision, as
shown on a map recorded in Book 1, Page 88 of Miscellaneous
Maps, Records of Orange County, California.
as shown In the attached Exhibit "A" and hereinafter referred to as "Property". Title 20 of
the Newport Beach Municipal Code is hereby amended to rezone all of the above described
Property from the A -P -H and U Districts to, the Planned Community (P-C) District,
designate said Property as the Hoag Memorial Hospital Presbyterian Planned Community.
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. Gene
1. Detailed landscape and irrigation plans, prepared by a registered Architect
or under the direction of a Landscape Architect, shall be reviewed by the
Planning and Parks, Beaches and Recreation Departments and approved
by the Public Work Departments prior to issuance of a building permit
• and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Plan may include a concept for the roofs and the parking
structures. Trees shall not be used, but a planter box or trellis system
tiC shall be designed to provide visual relief of parking structures. All
'l landscaping shall conform to the building height limits established in this
text.
2. Par" lot trees sbaU be no less than fifteen (15) gallon size.
3. Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4. Every effort should be made to avoid using plants with invasive and
shallow root systems.
5. Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided
6. Trees in parking lots should be limited in variety. Selection should be
• repeated to give continuity. Regular spacing is not required and irregular
groupings may add interest. Care should be exercised to allow plants to
grow and maintain their ultimate size without restriction.
7. Heavy emphasis shall be placed on the use of drought - resistant native and
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over- watering.
B. Maintenance
1. All planting areas are to be kept free of weeds and debris.
2. Lawn and ground covers are to be kept trimmed and /or mowed regularly.
M" as, im 24
M109soft Outlook Web Acceu
. Reply 1 Reply to all Forward
From:
To:
Cc:
Subject:
Attachments:
Petropoulos, Mary
Philip Bias
Close Help
11/29/2006 02:56 Pk
Sent: Wed 11/2912006 2:42 PM
sstameson@aol.com; challstead@aol.com; McMu1lin949 @aol.com;
gloquirk@aol.com; prrnas@netzero.com; nmknight @sbcglobal.cet;
cooper @villageway.com �3ya,e D
RE Hoag Hospital Agreement Regarding Trees U Zt 1 �r Il OJT I
Great, Sam!! That's what 1 have been looking for. Thanks much. Mary l?
----- Original Message---- -
From: Philip Bias l 1
Sent: Wed 11/29/2006 11:29 AM
To: SStameson@aol.com, Challstead @aol.eom; Petropoulos, Mary
Cc: McMullin9490aol.com; Gloquirk @aol.com; prmas@netzero.net; nmknight@sbeglobal.net; cooper @villageway.com
Subject: Re: Hoag Hospital Agreement Regarding Trees
Bingo..you got it, this is the PC text that 1 referred to , and it appears
that maximum tree height is governed by the same "imaginary height planes'
that were formulated for buildings.
>From: SStameson@ad.com
>To: Challstead@aol.com, mpetropoulos@coasdine.edu
>CC: McMullin949 @ad.com, philip_bias@msn.com, Gloquirk@ad.com,
>pmras@nemero.net, nmknight@sbcglobal.net, cooper @villageway.com
> Subject: Re: Hoag Hospital Agreement Regarding Trees
>Date: Wed, 29 Nov 2006 14:21:38 EST
>Carieen,
>I just read some of the a -mails going back and forth regarding tree heights
>in the Hoag Hospital lower campus development.
>In reviewing an old copy of the HOAG MEMORIAL HOSPITAL PRESBYTFRIAN
>Planned Community Development Criteria and District regulations' adopted by
>the City
>Council City of Newport Beach, Ordinance No. 92 -3 may 26, 1992, 1 found
>the
>fol lowing:
>Section Vlll HOAG HOSPITAL IANDSCAPE REGULATIONS page 24, last sentence
>Of
>first paragraph states:
> ....... All landscaping shall conform to the building height limits
>established in this text"
>
>t interpret this to mean that no tree can exceed the height of the
>buildings! Am 1 correct?
hasps:lIma.cwstilm.edu /exchange/ Page 1 of 2
Mitrpsoft Outlook Web Access
>Hope this sheds some light on the controversy
>Sam
11/29/2006 02:66 VM
Mips: / /owa.coastllne.edu /exchange/ page 2 of 2
Fighting for ocean view
I ioag Cancer Center trees obstruct the scenery for residents of a Newport Beach
complex. One neighbor has been asking the hospital to do something for 20 years:
Illy MITAE PINAM1
THE ORANGE COUNTY REGISTER
NEWPORT !EACH • On a clear
.tae, Villa Balboa resident SIR-
Petropoulos could see New-
port Harbor..knd then Hoag
hbpitsF expanded.
Petropoulos and other real -
dents of the 4119 -unit condo
complex have tried to get the
hospital to maintain heights on
its trees that block their her -
bar views, since the Hoag Can-
cer Center was proposed in
ius&
For Petropoulos, it has been
a nearly 20 -year behind -the-
sceRw battle trying to get
Hoag Memorial Preabyteress
Hospital to do something
:bout the palm trees that block
her view of the harbm:
In the past month, a commit -
iee made up of members of the
Villa Balboa board of directors
.,ad some residents have dis-
cussed the trees, with Govern-
Inert Solutions Inc., a rims rep -
rewrting the hospital. The
oonunittee plane to meet with
Government Solutions in Ja-
nuary to resolve the issue.
Gave nmei Solutions con-
sultant .Oro eeDermo said
one alternative Hoag is consid-
nng is remoyin a alm
i
titseS andTaliimic them -t t
,n•v tare orter. �E
br 1982, Petropoulos moved
,rom Huntington Beach to
Newport Beach on the promise
,,fa `spectacular view. 'rhe land
•'here the cancer center .sits
,vas owned by Caltrans and
,vas sold to Hoag Hospital in
1964.
wme of the homeowners,
including IS•tropoulos, now 64
..lad a retired college professor.
.:red many concerns, including
lie effect W Hong landscaping
at it* rosetecl view of New-
, Ill Harbor .titer the con -
.0 Ic tionwas,nmptate.
The Career Cent. -r opened
a P,eNI. and city laws rt•gard.
ng Hoax s lower campus were
•Ivn,d by City Council in 1992
.unsung OEe laws is one that
n' +-rev t r,H-s cannot tie taller
a:al the bn:.ding, fall at the
I:nicer i',nter, most at the
i•. ,.n,' drown Lillt9" hen
Nee r AM-
MARK RIGHTMIA6 THE REGISTER
NEIONSOMS- P[R1P[CTI9at Mary Petropoulos looks at the
obstructed view from the P010 of her Newport beach home.
OHRTESY MARY PETROPOULOS
NOTE IT LOOKED THEMI Mary Petropoulos took this pho-
toqraph In 1986 oefare Hoag Cancer Center planted trees.
IthaL - )
Dew park between Villa Hal-
'rho trees -are blocking the
boa and the Lower Campus,
view, and the agreement that
where the cancer center is.
Hoag had signed with the city)
In a letter to Petropotdos
;rates that the buildings and
written in 1990, ft W. Evins, 111.
the trots will not he higher
a former facilities employee
than the bluff," Barbara :car-
with Hong, said the trees "will
taro, a 25 -year resident of Villa
I slowly grow to a mature height
Balboa, said 'We just wish
of approximately 15 feet to LO
that they would be taken care
feet over the next 20 years.
oL and that Hoag would live. up
i However, ti they begin to en,
to the ails ,.ment." — croach above the parapet of
L
No formal complaint Iraq
the building, they will be
'wen .submitted to the -fly's
Irimmed."
Cado and tVater Quality En-
In front of the Cancer Cent -
am-ement, according to abet•
ter. live in. -s nave grown
.ion manager John Kappelec
arrive the building and two ate
Ile gald any request toltivt•ati-
eloseto growing above the cen-
aate tree heights would he
ter. On the comer new the
looked into by the city.
parking garage, where the ma-
I'etropoulos suid it isn't only
jority of lh3ropoulos' view is
P.rr view that is blocked by l he
halt, them am live treesdiree4-
rt. -s, not the traN•e :us• tall
ly in harbor sightlines.
n, mgh to IN, s,•tat from Sunset t
'-They promised to uwinteill
,, We hilt, a • -w r,• puollu
,rev Ins-a ..red ktvp them sa
In past 20 yon
July 1961: Villa Balboa res-
idents are informed by Hoag
Hospital that the Cancer
center will be built.
septesisr 1990: Hoag .
Hospital's Cancer Center is '
opened
liar 2002: The Tree of Life,
one of the taller trees in `
front of the center, is re-
moved. It Is a small victory
for Petropoulos and other
residents.
Jesuitry 2007: An exec-
utive board representing Vil-.-
la Balboa will meet with Gov..
ernment Solution Inc, a firm...
representing Hoag Hospital, .
to wore out a solution to the-
tree Issue.
they didn't block our view, but
now the trees am, too tall W
trim,' Petropoulos said "7'btiy
put in palm trees; you cent slit
off the tops of palm trees.'
Throughout the 199%, Pe-
tropoulos wrote letters to the
hospital, but the trees contin-
ued to grow. In 2008, a petitions
signed by Petropoulca and >p
other residents led to a Ransil
victory. In 2008, former He"
Facilities Vice President Peter
Foulke had the Tree of Life, bs-
tween the Upper Camp"
parking garage end the Censer
Center, removed
Since 2008, Petropoulos his
continued to make contest
with the hospital through e-
mail and phone calls and AM
she hopes that the issue will be
resolved when the tommittp
and Hoag mpresentatitla
meet in January.
"We at VWe Balboa are not
opposed to cancer lighting or
to trees," Petropoulos said in A
2(Nly letter that sums up her
battle, 'We simply want whit'•
was originally promised to us
by Hong Hospital - that trees
would not block views and ei-
reNd the height of any btuldilig
nn the lower campus."
CONTACT TN[ wnrear
714-44S.6669 at
na,ranlJOrrae,rtor com
I�� htis
280 Cagney Lane, #109
Newport Beach, California 42663
March 31, 2008
Mayor /City Council Members
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Dear Mayor and City Council Members,
RE; HOAG HOSPITAL APPLICATION
I am a Villa Balboa owner /resident for over 26 years, since 1982 —PRIOR to Hoag
Hospital's purchase of the Cal Trans Property in June, 1984, now known as the Hoag
Hospital Lower Campus, which includes the Hoag Cancer Center. My "forever" view
was gone in an instant.
The 1992 Hoag Hospital Master Plan Agreement with the City of Newport Beach
specifies that there would be Annual Reviews with noticed public hearings on the
proposed development. These Annual Reviews and public hearings by the City of
Newport Beach, have NEVER occurred. Consequently, there has been no oversight on
the development of the lower campus by the City to insure adherence to this Agreement.
This is a travesty.
1 am requesting that the City Council see that the following issues are enforced:
1. TREE HEIGHTS ON THE LOWER CAMPUS:
For over 20 years now 1 have been `fighting" Hoag Hospital regarding the obstruction
of our Bay Views and Ocean Views because they failed to adhere to the 1992 Agreement,
stating that no Trees will be higher than the Cancer Center and obstruct views. (See
attached OC Register article) Because of this publicity, Hoag did remove a number of
trees, however, there are still trees that are out of compliance.
2 HOAG CANCER CENTER VAPORS /PLUMES
(NOTE: THIS IS IN ADDITION TO THE COGEN PLANT VAPORS /PLUMES)
When the COGEN Plant was in the process of being approved, Hoag Hospital assured
residents that the plumes/vapors emanating from the Cancer Center would be gone, as
the CoGen Plant would generate the needed electricity. This is not the case. Please take
a walk along Sunset View Park, in early morning or evening and see the plumes/vapors
generated by both the Cancer Center and the CoGen Plant.
3. ENFORCE THE ANNUAL REVIEW AND PUBLIC HEARINGS AS REQUIRED
BY THE 1992 AGREEMENT.
As great a Medical facility that Hoag Hospital is, they have NOT been Good Neighbors.
I have communicated relentlessly with Hoag to little avail, and watched as slowly and
deliberately my views have been taken away from me. Please remember, I was here
BEFORE the Hoag Lower Campus was purchased from Cal Trans.
As Hoag continues to expand, please ensure that Hoag adheres to the Agreements made
with the City, and is responsive to their neighbors. A Proposed Parking Structure will
have a disastrous impact on our Villa Balboa Community.
I appreciate your efforts on our behalf.
Sin cerely,
Mary Petropoulos
Attachment)
Untlled S, N'1 ��S �� COQ L l.(i'�}Qf'.�►C -r�'(1 Cj1ZY1 c:SZ �l�l�" -�i ��_ %f r 122/1012:03 via
From: Legan, Debra (Debra.Legan @HoagHospital.org)
To: mpetropo @yahoo.com;
Date: Mon, January 11, 2010 1:14:45 PM
Cc: cora@ ovs .com: Denise .Donnelly @HoagHospitw.org; Greg.Simpson @HoagHospital.org;
Subject: Re: Still Waiting for Response Re: Trees - from OCTOBER, 2009
The third floor of the cancer center is primarily physician offices. The moving vans in the
photographs are due to physician tenants moving in and out of the building. That area is not
being used as a loading dock, the process of moving is a temporary situation.
As for the trees, we are moving trees as appropriate to other areas of the camps. Some have
already been relocated and more will continue to be moved in the months ahead.
Debra
Eon /. 11136847AM , 'mpetropo@yahoo.com" <mpetropo@yahoo.com> wrote:
It has been 3 months since I have heard from you regarding the Trees that continue to
block our views in Villa Balboa. s you can imagine, the trees have grown rnuo in 3
months. Nothing has been done. All I have received since Augusi1,28th, 2009 Is this
fo0ow ug note from you with no action whatsoever. `—
in addition, the back door of the Hoag Cancer Center is being used as a
loading/unloading area with huge 18 wheelers parked there for hours and on weekends.
(SEE ATTACHED PHOTOS)
One of the conditions of the building of the Cancer Center stipulated that the area $:t
would NOT BECOME A LOADING DOCK. I contacted Hoag Security on both Oexr
occasions within the past 6 weeks, and received NO RESPONSE whatsoever from
Wes Gendron, Jim Rice, Michael Morris, or Alicia, despite my messages. P47-1 4
I look forward to some action rather than just being patronized.
Mary Petropoulos
PS Denise, please see that Dr. Afable receives a copy of this e-mail.
From: "mpetropo @yahoo.com" <mpetropo @yahoo.com>
Pape 1 of 7
° twer
wi
Untitled
4122110 12:03 PR
To: "Legan, Debra" <Debra.Legan @HoagHospital.org>
Cc: cora @govsol.corn; Denise .Donnelly @HoagHospital.org; Cooper@villageway.com
Sent: Sun, October 4, 200911:45:13 AM
Subject: Re: Still Waiting for Response Re: Trees
Thanks for your response. I took forward to seeing the plan and will be looking forward to
having our views back. Mary
PS The memo posted last week re: October 3rd road work behind the Cancer Center was greatly
appreciated.
From: "Legan, Debra" <Debra.Legan @HoagHospital.org>
To: rnPetr000@Yahoaxan
Sent: Friday, ober :15:45 AM
Subject: RiVStill Waiting for Response Re: Trees
Mary, We are reviewing the trees in question and balancing that with the requests
from other Villa Balboa residents to plant more trees on the lower campus, and
working on a plan to replace if necessary. This is taking a little time. As soon as we
have a PlAn I will share it with you
Debra �•�
at.I>,z3 Legg v d
Vice President
Marketing and Corporate Communications
Hoag Memorial Hospital Presbyterian
500 Superior Aoeraue, Suite 360
Neraport Beads, CA 92663
Phone 9491764 -6943
Far 9491764 -5820
Debra.Legan@hoaghosotd.org
ST LL
V 1111Im �-
�4T28/ff9�J1 �A PM, "mpetropo@yahoo.com" <mpetropo®yahoo.com> wrote:
Hi Debra,
It has been a month since your e-mail. Still waiting for an answer regarding the
trees that continue to block public and private views which I showed Cora in our
bluff' walk many months ago.
Mary
Page 2 of 7
Untitled
From: "Legan, Debra" <Debra.Legan @HoagHospital.org>
To: mpetropo@yahoo.com; Cora Newman <cora @govsol.com>
Cc: "Donnelly, Denise" <Denise. Donnelly@HoagHospital.org >;
Challstead @a , am r <cooper @villageway.com>
Sent: Frida`, ust 282009 4:55 PM
Subject: Re: Wouldnt It Have Been Nice
Mary I do communicate as much as I possible can with the association. I
was not aware that this construction project would require so much
removal of concrete, or I would have notified Pam in advance.
I appreciated that Cora could meet with you at a time when my calendar
did not permit it, and I am aware of our concerns regarding the trees.
There is a considerable amount of landscaping work being done on the
lower camps as a part of our development agreement with the city and all
components of tree removal and trimming is being coordinated with those
efforts. I will get back to you when I have a better understanding of that
schedule.
Debra
= I 2622
Vice President
A4w*ehng and Corporate Communications
Hoag Memorial Hospital Presbyterian
500 Superior Avenue, Suite 360
Newport Brach, CA 91663
Phone 94917646943
Fax 9491764-5820
Debraleganghoaghospital.org
On 8/28/09 7:36 , "mpetropo@yahoo.com" <mpetropo@yahoo.com>
wrote:
Thank you for responding. I have just returned from vacation. Why
not notify the VB Association when major construction will occur so
that they can post the information and we VB Homeowners can know
what is happening and how long we will have to endure the noise and
the din? That's what "Good Neighbors" do.
Please also be aware that there are still many of us who were here
BEFORE Hoag, when the Hoag property on the lower campus was
�.[ owned by Cal Trans and we bought with "a forever view ".
11 Re: Trees. The issue is NOT how many "have been removed or
significantly trimmed to accommodate our neighbors ", it is the fact
that Hoag planted all these trees that WERE and ARE a violation of
4122110 12A3 F
Page 3 of ,
Untitled
the City agreement - -- -and that obstruct "public views ".
Debra, I always contact you directly, and it seems Cora responds for
you. I am aware as the PR person for Hoag, and your new location on
Superior, that you must have alot on your plate.
`I took my time and Cora Newman's time a few months ago, because
you were not available. She promised to share the information with
you and others who could remedy the situation. 1 walked the bluff
with her as I have done so many times before, taken photos, etc.
Nothing has happened. How many more walks and photos need to
tS 15 taken? Before long (2 -3 years), the Palm trees will completely block
the Bay from the PUBLIC View as you walk along Sunset View Park.
4 Maybe it's time to go elsewhere to get a response.
Mary
LXTT�cC� PS Denise, please share this e-mail with Dr. Afable. Thank you.
From: "Legan, Debra" <Debra.Legan @HoagHospital.org>
To: mpetropo @yahoo.com; cora@govsol.com
Cc: "Donnelly, " <Denise. Donnelly@HoagHospital.org >;
Challstead ay.com
Sent: Th rsday, August 20, 2009 7:3� PM
Subject RE: Wouldn't It Have Been Nice`, —
Mary, I have been able to clarify the work being done on the path
behind the Cancer Center as you requested The work is to
underground data lines and utilities from the lower campus to the upper
campus. The demolition, with jackhammers, is scheduled to be
completed tomorrow. The balance of the work over the next few
months will be to run cable and wires. All work will continue to be
conducted during the hours allowed by the city. This project will
continue up West Hoag Drive along the greenbelt in conjunction with
the construction of the Sound Wall once that project is approved by the
city to move forward.
In regards to the trees, as you know many have been removed and or
significantly trimmed to accommodate our neighbors. I will walk the
4122/10 12:03 P
Page 4 of 7
Untltkd
area with our landscapers again to review the remaining trees to see if
any more need trimming.
Again, please feel free to contact me directly any time you have
questions regarding work being done at Hoag.
Debra Legan
Vice President, Marketing and Corporate Communications
Hoag Memorial Hospital Presbyterian
500 Superior Avenue, Suite 360
Newport Beach, CA 92663
direct 949/764 -6943
fax 949/764 -5820
DebmLegan@hoaghospital.org
- - - -- Original Message---- -
From: mpetropo@yahoo.com [mailto:mpe{rouot&Xahoo.com]
Sent: Wed 8/19/2009 10:49 AM
To: corad& ysaLWm; Legan, Debra
Cc: Donnelly, Denise; Challstead(uaol.com; Cooper@villageway.com
Subject: Re: Wouldn't It Have Been Nice
I am referring to the construction in back of the Hoag Cancer Center --
which is in front of Villa Balboa Residences at 280 Cagney Lane and
270 Cagney Lane - - -not the construction on the Emergency Room. It
is unbearable.
From:
To: a
Cc: D
Sent: W
Subject:
<mpetropo@yahoo.com>
August l9, 2009 8:94:55 AM
LLHave Been N'
Once again, we residents of Villa Balboa are forced to listen to loud
construction noises, drilling, equipment in reverse with loud beeping
beginning at 7:00 am EVERY MORNING /AFTERNOON for God -
knows how many more weeks/months. In addition to waking residents,
we cannot even open our doors/windows because of the noise.
Wouldn't it have been Nice and Neighborly if Hoag Hospital had sent
4122110 12:03 P.
Page 5 of 7
Untitled
a notice to Villa Balboa Residents informing them of what is being
done, how long it is going to take, and apologizing for the
inconvenience. It really doesn't take much to be a "Good Neighbor ".
Cora, I met with you regarding the Trees blocking the bay view and
the Trees exceeding the height of the Cancer Center. inR Zlothhas *,n>
done. I walked along the public park and the bay view is blocked by
Palm Trees. This is NOT a private view.
S bU ((5 Please, when will the noise and construction end? And when will the
trees be trimmed. This is a continuing violation of the City
Agreement - - -and obstruction of public views.
I look forward to your response.
Mary Petropoulos
PS Denise, would you please see that Dr. Afable receives a copy of
this e-mail. Thank you
Please note that the information contained in this message may be
privileged and confidential and protected from disclosure under the
law, including the Health Insurance Portability and Accountability Act
(HIPAA). If the reader of this message is not the intended recipient, or
an employee or agent responsible for delivering this message to the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited and
may subject you to criminal or civil penalties. If you have received this
communication in error, please notify the sender by replying to the
message and delete the material from any computer. Thank you, Hoag
Memorial Hospital Presbyterian and its Affiliates
Please note that the information contained in this message may be privileged and
confidential and protected from disclosure under the law, including the Health
Insurance Portability and Accountability Act (HIPAA). If the reader of this
message is not the intended recipient, or an employee or agent responsible for
delivering this message to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited
and may subject you to criminal or civil penalties. If you have received this
4122/10 12:03 P
Page 6 of 7
untitled 4/22110 1:47 V'
From: mpetropo @yahoo.com (mpetropo @yahoo.com)
To: mpetropo@yahoo.com;
Date: Thu, April 22, 2010 1:45:56 PM
Cc:
Subject: Hoag Trees
Fri, December 5, 2008 0:37:45 AMRe: Update Re: Pine Trees and Meeting with City with Photo
tachments -
From: "mgetroVQQ( yahoo.com" <p1petrq A yahooxan View Contact
To: "Legan, Debra" <Debra.Lepan(n HoagHos adLo-r4;>
3 Files View Slideshow Download All
IMG-1 189JPU (779KB); IMCi_I188JPG (718KB); IMCi_1186JM (703KO)
This morning 1 met with City Representatives regarding the trimming of their trees which are blocking our
views. They have very quickly and grpciously agreed to trim the trees this coming week.
1. Upon viewing the area, th Citeses pre serttatives pointed out the Hoag Cancer Center Mallaluca and Coral
Trees,(bank of about 8 -10 trees (See photo attachments) with much new growth, which are well above the
Cancer Center. They indicated that these trees if not trimmed /remove will exceed the height of the City Palm
trees. These trees need to be removed or trimmed down below the height of the Cancer Center, per the City
Agreement�j
2. There still remain a number of Palm Trees around the Cancer Center that also exceed the building height
and have not been removed.
3. You have indicated that the Pine Trees and the Palm Tree next to the Parking Structure will be thinned
out in the first quarter. The City representatives also indicated that these trees could really be thinned out a
great deal so our view blockage is really minimized. Can you give me an approximate date when this will
be done? — �1C1)<°Y' clz F
I have attached photos of the areas so you can see what the City and Villa Balboa are referencing.
Hopefully, you will continue to be, as the City of Newport Beach has always been, a good neighbor.
I appreciate your prompt attention.
Mary Petropoulos
Gage 1 of 1
280 Cagney Lane, #109
Newport Beach C ifo a 92663
Jul�v21, 2005 �--
ac�c��
Mr. Peter Foulke
Executive Vice - President, Corporate Services
Hoag Memorial Presbyterian Hospital
1 Hoag Drive
P.O. Box 6100
Newport Beach, California 92658 -6100
Dear Mr Foulke,
At the recent meeting by Hoag Hospital to the residents of Villa Balboa regarding the development of
the lower campus, a question was raised regarding the trees on the lower campus which have grown to
such an extent over the past five years, that both Public and Private views of Newport Bay are all but
blocked. (See enclosed photos.) At that time you agreed to meet with us and to discuss resolution of
this intolerable situation.
At our Villa Balboa Homeowner's Association Meeting last evening, the "Tree" issue was raised once
again. It was suggested by the Board that we arrange a meeting with Hoag Hospital, with the City of
Newport Beach, Villa Balboa HOA Representatives and homeowners to discuss resolution of this issue.
It is not just a matter of private views at issue here, although homeowners who have view properties are
experiencing both financial and aesthetic repercussions. The PUBLIC VIEW, once enjoyed by the
residents of Newport Beach who use Sunset Ridge Park and the pathway, are no longer are afforded the
gorgeous view of Newport Bay. Please note that City Trees (Four Palm Trees), placed at the
Newport Boulevard overpass several years ago, are also contributing to the loss of Public Views.
i have attached photographs of the view in 1999 and the current view. I have copied both the City of
Newport Beach, General Services Director, Mark Harmon, and the Villa Balboa HOA board in order
that we may arrange a meeting on the Sunset Ridge Park Pathway to discuss resolution of this situation.
1 look forward to hearing from you. I can he reached at: (949) 645 -0540.
Sincerely,
Mary Petropoulos
Enclosures
Pc: City of Newport Beach
Villa Balboa HOA
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
301 NENJPOF,rS5Ul LEA1ARO • BOX Y • NEWPOR7 BEACH. CALIFORNIA 92658 -8912 • PHONE (714) 545 -8600
August 6 1990 /
Ms. Mary Petropoulos
280 Cagney Lane #109
Newport Beach, CA 92663
Dear Ms. Petropoulos:
Thank you for your letter of July 31, 1990, regarding the landscaping behind the
Hoag Cancer Center.
The trees at the rear of the center are Metrosiderous E sII Thr
grow to a mature height of approximately 15 to 20 f t over the next 20
However, if they begin to encroach above the parapet of t e ut tng, e
be trimmed.
The shrubs along our common property line
will be "Natal Turn", as
requested
by your association. They
are slow growing
shrubs that will reach a
mature
height of three to four feet.
As a matter of
fact, they currently exist
around the
first floor level of the 270
and 280 Cagney Lane buildings. 1
I hope that this information
will be helpful to
you. Please fee
free to
call me if
we can. answer any other
questions.
Sincerely
Evins, III, AIA
Vice President
t�
Facilities Design & Construction
z'
F WE:bw t., r C>3�Y It of 7ray�lmd
Opt, aT Thu --ro
VJN'PPCI.T CJMM'J'iiTY H.�Y"1 V'1F1iTIIJ6 —�k. TKirr1
J:iP IT 111 ACC REOirc.m 9Y !.,C Jo1NT Co�im 510 ON ACCFE O.T. TION 01 fin ^o.Ye -
Js+. Y >s'rS. -!'•s1 c-w. ... �1
� ' �
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"fit F *x' su ,. 1,� � •+�JI�*r ,�
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Q'1
t(:
5
qP4 �
=A**-M&,
Attn: Hoag Hospital
LE7F6 Sp r,A io
Hopi +,�vr� v
From: Villa Balboa Residents
Residents of Villa Balboa are extremely disappointed and
distressed to find that I= than weeks aftte HgM�p stU_repQW
FresquAuw to us that an unsightly green tarpMence would be
Libra installed along the bluff at Sunset View Park. We can only assume
Hoag representatives knew the next phase of your project would be
lean landscaping the slopes between 2 properties. Surly you knew what
that would involve?
For residents living along the bluff of Sunset View Park and for
those from the surrounding communities who walk the pathway
daily, view is everything. Whether we are walking the bluff or
sitting in our patios enjoying a light meal, a cup of coffee or glass
of wine as the sun rises or sets on these beautiful spring days, it is
the view that is important.
We appreciate the fact that Hoag is now in the process of
landscaping the area and understand the fact that you are bound by
agreements with Costal Commission, the City of Newport Beach
and various other regulatory agencies that were yearn in the
making. It is further our understanding that one of the
requirements in those agreements is to mitigate dust that will
result from the landscaping work being commenced.
Ludicrous to think that a green tarp/fence with holes all over it
is going to aid in mitigating dust. Dust flies with the breeze
and there is plenty of off shore breeze. Dust is going to go up,
over and through the ugly green tarptfence.
We also recognize that Hoag is bound by the eidsting
agreements. We are asking that as the "good neighbor" you
have always tried to be that you work with us by putting your
tarp/fence behind one building at a time, do the work in that
area, then move the tarp to the next building, do the work and
so on until your job is complete. This will minimize the length
of time and the number of folks whose lives are disrupted and
inconvenienced by having the view taken away. Rather a few at
a time than all of us for the entire time of the project
The residents of the buildings along the bluff would much
prefer to have a bit of dust for a month or two than to
completely loose the view for the entire 3 to 4 months duration
of your project.
By the signatures below, we are formally requesting you
implement our suggestion to resolve this matter. Hoag can still
provide the mitigation mandated in your approvals and
permits, but it would be done in a neighbor friendly manner.
77
.m
111;x!1;
Jackson I Della QED
Peckenpau
A LAW CORPORA2010 APR 27 PH 2- 57
April 26, 2010
VIA FACSIMILE AND OVERNIGHT MAIL
City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Direct Dial 9.851.7409
Email: �i �jdlplaw.ccm
Re I ttj G e�Y(YY��T�Rplh2ce
FiIWU�li` "t'lfwu�,,� /o"
Re: Hoag Memorial Hospital Presbyterian; Development Agreement Annual
Compliance Review (Item 15 on April 27, 2010, City Council Agenda)
Dear Honorable Mayor and Members of the City Council:
We represent Villa Balboa Community Association ("Villa Balboa "). The following
comments are submitted for your consideration in connection with Hoag Memorial Hospital
Presbyterian's ( "Hoag ") Development Agreement Annual Review, Item 15 on the City Council's
April 27, 2010, agenda. We request that these comments be included in the administrative
record for this agenda item. As discussed below, we also request that the City Council continue
its Annual Review to another Council meeting within sixty (60) days to review the progress of
the window replacement program.
Hoag is obligated under its Master Plan Update and Mitigation Measure PDF 3.4 -1, as
modified by Hoag's settlement agreement with Villa Balboa, to provide a window replacement
program for eighteen (18) units located on Cagney Lane in Villa Balboa, as summarized on
pages 34 of the staff report. The program requires Hoag to replace windows, sliding glass
doors, and interior and exterior stucco, trim and paint repair, in the 18 units. Hoag is financially
responsible for implementing the program (pursuant to the City's reconciliation of bids), as well
as the cost of a performance bond, administrative fees, and a contingency fund. The program
was supposed to be implemented by March 2009.
Villa Balboa and Hoag provided the City with their respective bid proposals for the
window replacement program. The City subsequently issued a proposed bid reconciliation on
December 8, 2009 (enclosed for your reference). Villa Balboa notified the City on December 17,
2009, that it agrees with the City's proposed bid reconciliation, and sent a confirming letter to
this effect on January 11, 2010. Villa Balboa later conducted asbestos testing as required by the
City's reconciliation. The testing revealed that asbestos is not of concern in connection with
Hoag's window replacement program.
As of the date of this letter, Hoag has not approved the City's proposed bid
reconciliation. Villa Balboa understands that Iloag's failure to approve the City's bid
reconciliation is the only remaining issue precluding implementation of the window replacement
program. Villa Balboa requests that Hoag confirm its approval to the City and Villa Balboa as
Irvin Office I Westlake Village Office
2030 Main Street, Suite 1200 2815 Townsgate Road, Suite 200 www.jdtplaw.wm
Irvine, California 92614 Westlake Village, California 91361
It 949.752.8585 If 949.752.0597 t 805.230.0023 f 805.230.0087
City Council
City of Newport Beach
April 26, 2010
Page 2
soon as possible so that Villa Balboa may notify the affected homeowners as necessary to
confirm which units will be participating in the program. Hoag would then provide the required
deposits as necessary for the window replacement program to proceed.
Villa Balboa requests that the City Council continue its Annual Compliance Review to a
Council meeting within 60 days after the April 27 meeting in order to ensure Hoag's approval of
the City's bid reconciliation and compliance with this important component of its Master Plan
Update's mitigation obligations.
Thank you for the opportunity to provide comments on this important issue affecting the
Villa Balboa community and its residents. Please contact me at the above number if you have
any questions.
Respectfully submitted,
Michele A. Staples
Enclosure: City's December 8, 2009, bid reconciliation
cc: David Lepo, Planning Director, City of Newport Beach (via e-mail, w/ Encl.)
James Campbell, Principal Planner, City of Newport Beach (via e-mail, w/ Encl.)
Dennis O'Neil, Esq., Attorney for Hoag (via e-mail, w/ Encl.)
955200.1
Hoag Window Replacement Program
Tentative Cost Estimate
Full scope - 18 units
pans /deck repair
asbestos testing
plans
permits
subtotal
10% administrative fee
20% refundable contingency
Total
$
388,355
$
(13,400)
$
1,000
$
2,500
$
5,500
$
383,955
$
38,396
$
76,791
$ 499,142
Notes:
1. Full scope per American Vision estimate facilime August 2009 and
includes per unit estimate plus sloped windows, scaffolding and galvanized steel pans.
2. Estimates are subject to change based upon final measurements
and walk thru by the contractor.
3. Administrative fee and contingency based upon Hoag/VB settlement agreement.
4. Verification of window /doors ability to meet STC 37 to be submitted
Page 1 12/08/2009
Washington, Lillian
From:
Sent:
To:
Subject:
Kelly A. Hacker
260 Cagney Lane #207
Deborah Calvert Idebdeb2080 @hotmail.com)
Tuesday, April 27, 2070 5:07 PM
Washington, Lillian
Hoag Hospital BE PART OF THE SOLUTION!
Newport Beach, CA 92653
el'�7
April 27, 2010
Honorable Mayor & City Councilmembers,
My concerns are these:
"RECEIVED APER AGENDA
PRINTED:"
a� >'o
• Sound testing wasn't an accurate representation of daily activity.
• Sound wall is completely ineffective; not high enough, not long enough to buffer second loading dock
and potential increase of ER there. Trees that were cut at least buffered daily passenger car noise and
cell phone activity but the sound wall doesn't, are they to be replaced? I was told Hoag is allowed to
make noise Sunday- through Sunday without a day off, true?
• Still no windows and no communication regarding what the issue is that delays their installation.
Several phone calls have been made to Debra Legan with no returned calls and the City doesn't want
to get involved as I've discussed with Jim Campbell. I made it clear in my last communication to Debra
Legan's office that I had a solution to the window delay, however I received no returned phone call.
• We still haven't received the Asbestos testing results —the communication has completely broken
down. Maybe partially a HOA issue but doesn't alleviate the fact we need answers because it affects
every minute of our day, seven days per week.
• On the second floor of my building there are three new mothers with babies and quite a few older
people. I am disabled and find it impossible to get any rest from the constant noise that I'm also
hearing from the lower campus.
• I understood the transfer of square footage of 225,000 to upper campus meant there was very little
square footage left to build on.
• There was no 300 ft notification of the temporary fence on the lower campus. Not to mention all the
construction from the retaining wall we also were not notified of.
• What is proposed for the remaining pads that have now been graded on the lower campus and how
many sq ft remain for building there?
• The City received $3.2 Million for improvements at Villa Balboa homeowner's expense, and it's my
understanding that our building manager, Pam Cooper is receiving extra compensation to handle the
window projects so I don't understand why the city can't assist the few of us who are impacted daily by
these issues.
• Would the City consider a beautification for Sunset Park, as I have already sketched out a plan with a
welcome to City of Newport Beach twin dolphin fountain and winding paths to the top view with a
Gazeboo similar to Laguna Beach Las Brisas location.
1
So in my opinion the Good Neighbor Policy Hoag has promised is not working. I would like to offer my
expertise in solving these issues and be a part of the solution and not the problem.
Sincerely,
Kelly A. Hacker
Hoag Hospital Baby
Hotmail has tools for the New Busy. Search, chat and e-mail from your inbox. Learn more.
7
ir i6- 4121./0
NEWPORT BEACH CITY COUNCIL
HOAG ANNUAL REVIEW
April 27, 2010
ON BEHALF OF THE NEWPORT BEACH RESIDENTS
AND THEIR GUESTS
WHO VISIT SUNSET VIEW PARK
AND
THE RESIDENTS OF VILLA BALBOA
WE ASK THE NEWPORT BEACH CITY COUNCIL
TO ADDRESS THE ISSUES RAISED HEREIN
THE HOAG PROMISE
"A CANOPY OF TREES"
(Lower Campus Parking Lot — West)
0
There is no "Canopy of Trees" nor will there be
even after completion of currently planned relandscaping project.
THE TREES HAVE NO LEAVES MUCH OF THE YEAR!
PLEASE ASK HOAG TO FULFILL ITS PROMISE
PLANT MORE TREES - WITH LEAVES
PARKING LOT LIGHTS ON AT NIGHT
DUSK TO DAWN - 7 DAYS/WEEK
UNOCCUPIED - 8:00 PM TO 5:00 AM
PLEASE ASK HOAG TO TURN THE
LIGHTS OFF WHEN LOT IS NOT IN USE!
IF "SAFETY" IS REALLY A CONCERN
PLACE GATE AT ENTRY TO PARKING LOT
GATE CAN BE USED TO LIMIT ACCESS ONLY TO CO -GEN PLANT
CONSERVE WASTED ENERGY
PLEASE ASK HOAG TO TURN
THE LIGHTS OFF WHEN LOT IS NOT IN USE!
ROOFTOP STORAGE
ON TOP OF STORAGE MODULARS
STORAGE ON ROOFTOPS IS PROHIBITED
PLEASE ASK HOAG TO MONITOR ROOFTOPS
TO ENSURE COMPLIANCE!
FOR APPROXIMATELY 10 YEARS
HOAG HAS UTILIZED
"TEMPORARY" MODULARS
PLEASE ASK HOAG TO CONSTRUCT
PERMANENT FACILITIES THAT MEET
ALL REQUIREMENTS
OF NEWPORT BEACH BUILDING CODES!
MEMBERS
OF THE
NEWPORT BEACH CITY COUNCIL
THANK YOU
FOR
THE WORK YOU DO
TO MAKE NEWPORT BEACH
AN ENJOYABLE PLACE TO
LIVE AND VISIT'
Page 1 of 2
/0
Michele Staples
7upNCp F V HOAGS AGREEMENT TO CITY'S RECONCILIATION OF 3105
F. Dennis 0. O'Ned (mailtO:dOnell4Dne11- I1p.com]
Sent: Tuesday, April 27, 2010 4:45 PM
To: Mlchee Staples
Cc: Sanford. Smith _olhoaghospltal.org
Subject RE: HOAGS AGREEMENT TO CITY'S RECONCILIATION OF BIDS
Michele.
This accurately summanzes our conversation today and reflects the follow up
procedures set forth in the VB/Hoag Settlement Agreement
Dennis
Dennis D. O'Neil
Hewitt 8 O'Neil LLP
19900 MacArthur Blvd 91050
Irvine, CA 92612
(949) 798 -0734 (tel )
(949) 798 -0511 (fax)
donell@hewittonell corn
NOTICE TORECIPIENT MISEa L IS ATTORNEYPRMEGEOANDCONFIOEWMLAND
MEANT ONLY FOR THE REVIEW ANO USE OF THE INTENDED RECIPIENT OF THE
TRANSMISSION IF YOU RECEIVED MIS E4 11. IN ERROR ANY REVIEW. USE DISSEMINATION
DISTRIBUTION. OR COPYING OF MIS E4 ML IS STRICTLY PROHIBITED PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE MIS MESSAGE FROM
YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION
From: Michele Staples (maiIto:M5taples:aldtp1aw.com]
Sent: Tuesday, April 27, 2010 4:20 PM
To: Dennis D. O'Neil
CC dlepo!dnewportbeachca.gov; Campbell, James; Pam Cooper;
phillp biaS`am5n.com; Denise D. Iger; Kathryn Casey
Subject HOAGS AGREEMENT TO CiTYS RECONCILIATION OF BIDS
Thank you for your telephone call this afternoon This e-mail summanzes our
discussion
You gave me the good news that Hoag agrees with the City's reconciliation of
bids and has informed the City Managers office of Its approval You expect
the City Manager to confirm this on the record at tonight's City Counal
hearing on the Hoag Development Agreement annual review The next step
Is to proceed with notifying the Villa Balboa homeowners In the 18 units of the
260 Cagney Lane building that are subject to the window replacement
program (Units 102 through 107, 202 through 207 and 302 through 307) Villa
Balboa will prepare a list of the names and addresses of the unit owners and
will work with Hoag to prepare the notices
The homeowners will have 45 days to respond whether they want to
participate In the program per Mitigation Measure PDF 3 4 -1 Once we know
how many of the homeowners want to participate. Hoag will deposit the full
amount of the reconciled construction bid plus 20% contingency In an escrow
account payable to Villa Balboa. provide Villa Balboa the 10% administrative
fee, and secure the performance bond in favor of Villa Balboa as set forth in
the Settlement Agreement. section 1
Villa Balboa will make arrangements to hire a Contractor for the program once
Hoag provides the funding
Thanks again for Calling me with the good news Please confirm that the
above accurately summanzes Hoag's approval and the next steps I look
forward to working with you on this important matter.
Mien" A Stapes. Esc
Jackson I oeMaroo I Tidu3l Pocka"Paugn
2030 Man Street. Suite 1200
Iwo. CA 92614
(949) 651.7409 - Direct Dial
(949) 233 -5039 - Cell
4/27/2010
0- X
Page I of 2
79�7 S
Michele Staples
Sugett FW HOAG$ AGREEMENT TO CITY'S RECONCILIATION OF 3105
From: Dennis D. O'Neil (malltO:dOr a 4Oned- Ilp.com]
Sent: Tuesday, April 27, 2010 4:45 PM
To: MIChele Staples
Cc: sanford.smith4hoaghospital.org
Subject: RE: HOAG'S AGREEMENT TO CrTY'S RECONCILIATION OF BIDS
Michele.
This accurately summarizes our conversation today and reflects me follow up
procedures set forth in the VBIHoag Settlement Agreement.
Dennis
Dennis D O'Neil
Hewitt 8 O'Neil LLP
19900 MacArthur Blvd., 01050
Irvine. CA 92612
(949) 798 -0734 (tel.)
(949) 798-0511 (fax)
doneil @hewittoneil oom
NOTICE TO RECIPIENT THIS EMAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND
MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE
TRANSMISSION IF YOU RECEIVED THIS E-MAIL IN ERROR. ANY REVIEW USE DISSEMINATION
DISTRIBUTION. OR COPYING OF THIS E-MA .IS STRICTLY PROHIBITED PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM
YOUR SYSTEM MANX YOU IN ADVANCE FOR YOUR COOPERATION
From: Michele Staples (mailtO:MStaples4]dtp1aw.com]
Sem» Tuesday, Apnl 27, 2010 4:20 PM
To: Dennis D. O'Neil
Cc: dlepoanewportbeachca.gov; Campbell, James; Pam Cooper;
philip_bias:4msn.com; Denise 0. Iger; Kathryn Casey
Subject HOAG'S AGREEMENT TO QTY'S RECONCILIATION OF BIDS
Thank you for your telephone call this aftemoon This e-mail summarizes our
discussion
You gave me the good news that Hoag agrees with the City's reconciliation of
bids and has inforrnBd the City Managers office of Its approval You expect
the City Manager to confiml this on the record at tonighCs City Council
heanng on the Hoag Development Agreement annual review The next step
is to proceed with nontying the Villa Balboa homeowners in the 18 units of the
260 Cagney Lane building that are subject to the window replacement
program (Units 102 through107, 202 through 207 and 302 through 307). Villa
Balboa will prepare a list of the names and addresses of the unit owners and
will work with Hoag to prepare the notices
The homeowners will have 45 days t0 respond whether they want t0
participate in the program per Mitigation Measure PDF 3.4-1. Once we know
hour many of the homeowners want to participate, Hoag will deposit the full
amount of the reconciled construction bid plus 20% contingency In an escrow
account payable to Villa Balboa. provide Villa Balboa the 10% administrative
fee, and secure the performance bond In favor of Villa Balboa as set forth In
the Settlement Agreement. section 1
Villa Balboa will make arrangements to hire a contractor for the program once
Hoag provides the funding
Thanks again for calling me with the good news Please confirm that the
above accurately summarizes Hoag 's approval and the next steps look
forward to working with you on this important matter
MlUeleA Staoles. Es¢
Jackson 109M&= I Taus I Per7tenpaugh
2030 Man Street, Suite 1200
trvine, CA 92614
(949) 651.7409 -- Direct Dill
(949) 233.5039 - Cal
4/27/2010
Page I of 2
Z72Few s* /s
>*I� FW HOACS AGREEMENT TO CI TYS RECONCILIAnON oc BIOS
From: Dennis D. ONeI [mallto:donelllonell- llp.com]
Sent: Tuesday, April 27, 2010 4:45 PM
To: Michele Staples
Cc: sanford.smithehbaghospital.org
Subject: RE: HOAG'S AGREEMENT TO Cr`PS RECONCILIATION OF BIDS
Michele.
This accurately summarizes our Conversation today and reflects the follow up
procedures set forth In the VB /Hoag Settlement Agreement
Dennis
Dennis D O'Neil
Hewitt 8 O'Neil LLP
19900 MacArthur Blvd.. #1050
Irvine, CA 92612
(949) 798-0734 (lei )
(949) 798 -0511 (fax)
cloneii@hewittoneti.com
NOTICE TORECAIENT THIS EA IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND
MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE
TRANSMISSION IF YOU RECEIVED THIS E44AIL IN ERROR. ANY REVIEW. USE DISSEMINATION
DISTRIBUTION OR COPYING OF THIS E-MIAIL IS STRICTLY PROHIBITED PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN E4AAIL AND PLEASE DELETE THIS MESSAGE FROM
YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION
From: Michele Staples [madto:M5taples §jdtplaw.COm]
Serd: Tuesday, April 27, 2010 4:20 PM
To: Dennis D. O'Neil
Cc dje"nlewportbeachica.gov; Campbell, James; Pam Cooper;
phiIo_1bias4msn.corn; Denise D. Iger; Kathryn Casey
SubjeM HOAGS AGREEMENT TO Cr rS RECONCILIATION OF BIDS
Thank you for your telephone call this afternoon This e-mail summarizes our
discussion.
You gave me the good news that Hoag agrees with the City's reconciliation of
bids and has Informed the City Managers office of Its approval You expect
the City Manager to confirm this on the record at lonights City Council
hearing on the Hoag Development Agreement annual review The next step
Is to proceed with notifying the Villa Balboa homeowners in the 18 units of the
260 Cagney Lane building that are subject to the window replacement
program (Units 102 throughl07, 202 through 207 and 302 through 307) Villa
Balboa will prepare a list of the names and addresses of the unit owners and
will work with Hoag to prepare the notices.
The homeowners will have 45 days to respond whether they want to
participate In the program per Mitigation Measure POF 3.4-1. Once we know
how many of the homeowners want to participate, Hoag will deposit the full
amount of the reconciled construction bid plus 20% contingency In an escrow
account payable to Villa Balboa. provide Villa Balboa the 10% administrative
fee, and secure the performance bond in favor of Villa Balboa as set forth In
the Settlement Agreement. section 1
Villa Balboa will make arrangements to hire a contractor for the program once
Hoag provides the funding.
Thanks again for calling me with the good news. Please confirm that the
above accurately summarizes Hoag's approval and the next steps I look
forward to working with you on this Important matter
MK3rebA Staples. Esc
Jackson I DOW= l rlduS I PeCkenpaugh
2030 Man Street. Suite 1200
Imne. CA 92814
(949) 851.7409 - Direct Dal
(949), 233.5039 - Cal
4/27/2010
Michele Step]**
SuENct FIN HOAGS AGREEMENT TO CITY`S RECONCILIATION OF BIOS
From: Dennis 0. O'Neil (mallto:donellCdorlerl- Ilp.cl
Sant: Tuesday, April 27, 2010 4:45 PM
To: Michele Staples
Ca sanfdrd.smlthLataaghospltal.org
Subject: RE: HOAGS AGREEMENT TO CITYS RECONCILIATION OF BIOS
Michele,
This accurately summarizes our Conversation today and reflects the follow up
procedures Set forth in the VB /Hoag Settlement Agreement.
Dennis
Dennis D. O'Neil
Hewitt b O'Neil LLP
19900 MacArthur Blvd., 01050
Irvine, CA 92612
(949) 798-0734 (tel.)
(949) 791 (fax)
doneilChewittonei .corn
NOTICE TO RECIPIENT THIS E4AAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND
MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE
TRANSMISSION IF YOU RECEIVED THIS E-MAIL IN ERROR. ANY REVIEW USE DISSEMINATION.
DISTRIBUTION. OR COPYING OF THIS EAWL IS STRICTLY PROHIBITED PLEASE NOTIFY US
IMIEDNTELY OF THE ERROR BY RETURN EJAAIL AND PLEASE DELETE THIS MESSAGE FROM
YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION
Room: Michele Staples [mailt0:MStaples@)dtplaw.com)
Sant: Tuesday, April 27, 2010 4:20 PM
To: Dennis D. O'Neil
Cc dlepo@newportbeachca.gov; Campbell, James; Pam Cooper,
phi6p bias®msn.com; Denise D. Iger; Kathryn Casey
Subject' HOAGS AGREEMENT TO CITY`S RECONCILIATION OF BIDS
Thank you for your telephone call this afternoon This e-mail summarizes our
discussion.
You gave me the good news that Hoag agrees with the City's reconciliation of
bids and has Informed the City Managers office of Its approval You expect
Me City Manager to confirm this on the record at tonight's City Council
hearing on the Hoag Development Agreement annual review The next step
Is to proceed with notifying the Villa Balboa homeowners in the 18 units of the
260 Cagney Lane building that are subject to the window replacement
program (Units 102 through107. 202 through 207 and 302 through 307). Villa
Balboa will prepare a list of the names and addresses of the unit owners and
will work with Hoag to prepare the notices.
The homeowners will have 45 days to respond whether they want to
participate In the program per Mitigation Measure PDF 3.4 -1. Once we know
how many of the homeowners want to participate. Hoag will deposit the full
amount of the reconciled construction bid plus 20% contingency in an escrow
account payable to Villa Balboa, provide Villa Balboa the 10% administrative
fee, and secure the performance bond in favor of Villa Balboa as set forth in
the Settlement Agreement. section 1
Villa Balboa will make arrangements to him a contractor for the program once
Hoag provides the funding
Thanks again for calling me with the good news. Please confirm that the
above accurately summarizes Hoag's approval and the next steps. I look
forward to working with you on this Important matter
Michele A. Staples. Esc
Jackson I OeMarop I taus I Peckenoaugn.
2030 Man Street. Suite 1200
Imne. CA 92014
(949) 851-7409 - Direct Dial
(949) 233 -5039 -- Cell
4/27/2010
Page I of 2
Z7L`/I7 T�iS
MLea.w stap.e
suejllt FW HOAG'S AGREEMENT TO CITYS RECONCILIATION OF 9105
From: Dennis D. O'Neil (madto:doned@onell- IIp.COm1
Sent Tuesday, April 27, 2010 4:45 PM
To: Michele Staples
Cc: sanford.smlM',dihoaghospltal.org
Subject RE: HOAGS AGREEMENT TO CITYS RECONCILIATION OF BIDS
Michele,
This accurately summarizes our conversation today and reflects the follow up
procedures set forth in the VBJHoag Settlement Agreement.
Dennis
Dennis D. O'Neil
Hewitt 8 O'Neil LLP
19900 MacArthur Blvd., 01050
Irvine, CA 92612
(949) 798-0734 (tel.)
(949) 798 -0511 (fax)
doned@hewittoneil c om
NOTICE TO RECIPIENT THIS E MAIL IFS ATTORNEY PRIVILEGED ANO CONFIDENTIAL ANO
MEANT ONLY FOR THE REVIEW MOUSE OF THE INTENDED RECIPIENT OF THE
TRANSMISSION IF YOU RECEIVED THIS EMAIL IN ERROR. MY REVIEW. USE. DISSEMINATION.
DISTRIBUTION. OR COPYING OF THIS EMAIL Is STRICTLY PROHIBITED PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN EMAIL AND PLEASE DELETE THIS MESSAGE FROM
YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION
Fran: Michele Staples [madto:MStap1es4)dtplaw.COm]
SINK: Tuesday, April 27, 2010 4:20 PM
To: Dennis D. O'Neil
CC dlepo`anewportbeachca.gov; Campbell, James; Pam Cooper;
phihp_DIasCamsn.com; Denise D. Eger; Kathryn Casey
Subject HOAGS AGREEMENT TO CrTY'S RECONCILIATION OF BIDS
Thank you for your telephone Call this afternoon This e-mail summarizes our
discussion.
You gave me the good news that Hoag agrees with the City's reconciliation of
bids and has informed the City Manager's office of Its approval You expect
the City Manager to confirm this on the record at tonight's City Council
hearing on the Hoag Development Agreement annual review The next step
Is to proceed with notifying the Villa Balboa homeowners In the 18 units of the
260 Cagney Lane building that are subject to the window replacement
program (Units 102 throughlOT 202 through 207 and 302 through 307) Villa
Balboa will prepare a list of the names and addresses of the unit owners and
will work with Hoag to prepare the notices.
The homeowners will have 45 days to respond whether they want to
participate in the program per Mitigation Measure PDF 3.4-1. Once we know
how many of the homeowners want to participate, Hoag will deposit the full
amount of the reconciled construction bid plus 20% contingency in an escrow
account payable to Villa Balboa, provide Villa Balboa the 10% administrative
fee, and secure the performance bond In favor of Villa Balboa as set forth in
the Settlement Agreement, section 1
Villa Balboa will make arrangements to hire a contractor for the program once
Hoag provides the funding
Thanks again for Calling me with the good news Please Confirm that the
above accurately summarizes Hoag's approval and the next steps I look
forward to working with you on this Important matter
Whale A. Stapes, Esq.
Jackson I DeMaroo I Titus I Perscenpaugn
2030 Man Street, Suite 1200
Irvine. CA 92614
(949) 851.7409 -- OYect OW
(949) 233 -SO39 -- Call
4/27/2010
Page l of 2
Michel. SU MMe
9uq�et
FIN HOAG$ AGREEMENT TO CITYS RECONCILIATION OF BIDS
From: Dennis D. O'Neil [mailto:doneil ®onetl- Ilp.com]
Sent: Tuesday, April 27, 2010 4:45 PM
To: Michele Staples
Cc, sanford.smlth ,4hoaghospltal.org
Subject: RE: HOAGS AGREEMENT TO QTY'S RECONCILIATION OF BIDS
Michele.
This accurately summanzes our conversation today and reflects the follow up
procedures set forth In the VB/Hoag Settlement Agreement
Dennis
Dennis D. O'Neil
Hewitt 8 O'Neil LLP
19900 MacArthur Blvd., #1050
Irvine. CA 92612
(949) 798-0734 (tel )
(949) 798-0511 (fax)
doneik @hewittoneil com
NOTICE TORECPIENT THISEJ LISATTORNEYPRMLEGEDANOCONFID WN LMO
MEANT ONLY FOR THE REVIEW MOUSE OF THE INTENDED RECIPIENT OF THE
TRANSMISSION IF YOU RECEIVED THIS EMAIL IN ERROR. ANY REVIEW. USE DISSEMINATION,
DISTRIBUTION OR COPYING OF THIS EJAAx IS STRICTLY PROHIBITED PLEASE NOTIFY US
IMMEDIATELY Of THE ERROR BY RETURN EUML AND PLEASE DELETE THIS MESSAGE FROM
YOUR SYSTEM THANx YOU IN ADVANCE FOR YOUR COOPERATION
Fromm: Michele Staples (madto:MStaples4)dtplaw.com1
Sant: Tuesday, Apnl 27, 2010 4:20 PM
To: Dennis D. O'Neil
CC dlepo@newportbeadrca.gov; Campbell, Jaynes; Pam Cooper;
philip_biasCamsn.com; Denise D. Iger, Kathryn Casey
Subject HOAG'S AGREEMENT TO CITY'S RECONCILIATION OF BIDS
Thank you for your telephone call this aftemoon This e-mail summarizes our
dismission.
You gave me the good news that Hoag agrees with the City's reconciliation of
bids and has informed the City Manager's office of its approval You expect
the City Manager to confine this on the record at tontghrs City Council
heanng on the Hoag Development Agreement annual rewew. The next step
is to proceed with nobtymg the Villa Balboa homeowners in the 18 units of the
260 Cagney Lane building that are subject to the window replacement
program (Units 102 through107, 202 through 207 and 302 through 307). Villa
Balboa will prepare a list of the names and addresses of the unit owners and
will work with Hoag to prepare the notices.
The homeowners will have 45 days to respond whether they want to
participate in the program per Mitigation Measure POF 3.4-1. Once we know
how many of the homeowners want to participate, Hoag will deposit the full
amount of the reconciled construction bid plus 20% contingency in an escrow
account payable to Villa Balboa. provide Villa Balboa the 10% administrative
fee. and secure the performance bond in favor of Villa Balboa as set forth in
the Settlement Agreement, section 1
Villa Balboa will make arrangements to hire a Contractor for the program once
Hoag provides the funding.
Thanks again for calling me with the good news. Please confirm that the
above accurately summanzes Hoag's approval and the next steps I look
forward to working with you on this Important matter
Michek, A. Staples. Esg
Jackson I DeMarpo I Tidus I Peaksnpaugn
2030 Man Street Suite 1200
Irvine. CA 92614
(949) 651.7409 - Oirxt Dial
(949) 233 -5039 - Cad
4/27/2010
Page 1 of 2
laehale staples
aronee FOY HOAGS AGREEMENT TO CITYS RECONCILIATION OF SIDS
From: Dennis D. O'Neil (malRo:done4l4onell- Ilp.com]
Sent: Tuesday, April 27, 2010 4:45 PM
To: Michele Staples
Cc- dhoagr*spital.org
Subject: RE: HOAG'S AGREEMENT TO CITYS RECONCILIATION OF BIDS
Michele.
This accurately summarizes our conversation today and reflects the follow up
procedures set forth In the VB/Hoag Settlement Agreement
Dennis
Dennis D. O'Neil
Hewitt 8 O'Neil LLP
19900 MacArthur Blvd. 41050
Irvine, CA 92612
(949) 796 -0734 (tel )
(949) 798 -0511 (fax)
done)l @hemttonell. corn
NOTICETORECNIENT THIS EMAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL MO
MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE
TRANSMISSION IF YOU RECEIVED THIS EMAIL IN ERROR ANY REVIEW USE DISSEMINATION,
DISTRIBUTION. OR COPYING OF THIS EMAA IS STRICTLY PROHIBITED PLEASE NOTIFY US
MMEDIATELY OF THE ERROR BY RETURN EMAIL AND PLEASE DELETE THIS MESSAGE FROM
YOUR SYSTEM THMX YOU IN ADVANCE FOR YOUR COOPERATION
From: Michele Staples (ma4to:MStapleS*)dtplaw.com]
Sent: Tuesday, April 27, 2010 4:20 PM
To: Dennis D. O'Neil
Cc: dlepoOnewportbaxhca.gov; Campbell, James; Pam Cooper;
phihp_biaS*msn.COM; Denise D. Eger; Kathryn Casey
Subject HOAGS AGREEMENT TO QTYS RECONCILIATION OF BIDS
Thank you for your telephone UII this afternoon This e-mail summarizes our
discussion.
You gave me the good news that Hoag agrees with the City's reconciliation of
bids and has Informed the City Manager's office of Its approval You expect
the City Manager to Confirm this on the record at tonghts City Council
hearing on the Hoag Development Agreement annual review The next step
Is to proceed with notifying the Villa Balboa homeowners in the 18 units of the
260 Cagney Lane building that are subject to the window replacement
program (Units 102 through107. 202 through 207 and 302 through 307) Villa
Balboa will prepare a list of the names and addresses of the unit owners and
will work with Hoag to prepare the notices.
The homeowners will have 45 days to respond whether they want to
participate In the program per Mitigation Measure PDF 3.4-1. Once we know
how many of the homeowners want to participate. Hoag will deposit the full
amount of the reconciled construction bid plus 20% Contingency in an escrow
account payable to Villa Balboa. provide Villa Balboa the 10% administrative
fee. and secure the performance bond In favor of Villa Balboa as set forth in
the Settlement Agreement. section 1
Villa Balboa will make arrangements to hire a contractor for the program once
Hoag provides the funding.
Thanks again for Calling me with the good news. Please confirm that the
above accurately summarizes Hoag's approval and the next steps I look
forward to working with you On this important matter
Mcne19 A Stapes. Esq
Jackson I Demarco I rides I Peckenpaugn
2030 Man Street. Suite 1200
Irvine. CA 92614
(949) 651.7409 - Direct Dial
(949) 233.5039 - Coil
4/27/2010
Page 1 of -2
Michele Staples
sulyrret FW HOA93 AGREEMENT TO CITY'S RECONCILIATION OF SIDS
From: Dennis D. O Neil (mallto:doneiloonell- Ilp.com]
Sent: Tuesday, April 27, 2010 4:45 PM
To: Michele Staples
CC sanford.smith@hoaghospltal.org
Subject RE: HOAG'S AGREEMENT TO CITYS RECONCILIATION OF BIDS
Michele.
This accurately summarizes our conversation today and reflects the follow up
procedures set forth In the VBlHoag Settlement Agreement
Dennis
Dennis D. O'Neil
Hewitt 8 O'Ned LLP
19900 MacArthur Blvd., #1050
Irvine, CA 92612
(949) 798 -0734 (tel.I
(949) 798 -0511 (tax)
doned@hewlttonedoom
NOTICE TORECIPIENT TNIS EJAAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND
MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE
TRANSMISSION IF YOU RECEIVED TNIS EMAIL IN ERROR, ANY REVIEW. USE DISSEMINATION,
DISTRIBUTION OR COPYING OF THIS EJAAL IS STRICTLY PROHIBITED PLEASE NOT" US
IMMEDIATELY OF THE ERROR BY RETURN E� AND PLEASE DELETE THIS MESSAGE FROM
YOUR SYSTEM THANK YOU IN ADVANCE FOR YOUR COOPERATION
From: Michele Staples (maIIto:MStaples@ dtplaw.oDm]
Sant: Tuesday, April 27, 2010 4:20 PM
To: Dennis D. O'Neil
Cc* dlepo4newportbexhca.gov; Campbell, James: Pam Cooper;
philip btas�amsn.com; Denise D. Iger; Kathryn Casey
Subject: HOAG'S AGREEMENT TO CITY'S RECONCILIATION OF BIDS
Thank you for your telephone call this afternoon. This a -mad sumrnanzes our
discussion
You gave me the good news that Hoag agrees with the City's reconciliation of
bids and has informed the City Managers office of Its approval You expect
the City Manager to confirm this on the record at tonghts City Council
hearing on the Hoag Development Agreement annual review. The next step
is to proceed with notifying the Villa Balboa homeowners in the 18 units of the
260 Cagney Lane building that are subject to the window replacement
program (Units 102 through 107, 202 through 207 and 302 through 307). Villa
Balboa will prepare a list of the names and addresses of the unit owners and
will work with Hoag to prepare the notices.
The homeowners will have 45 days to respond whether they want to
participate In the program per Mitigation Measure PDF 3.4-1. Once we know
how many of the homeowners want to participate, Hoag will deposit the full
amount of the reconciled construction bid plus 20% contingency in an escrow
account payable to Villa Balboa, provide Villa Balboa the 10% administrative
fee, and secure the performance bond in favor of Villa Balboa as set forth in
the Settlement Agreement. section 1
Villa Balboa will make arrangements t0 hire a contractor for the program once
Hoag provides the funding.
Thanks again for calling me with the good news Please confirm that the
above accurately summarizes Hoag's approval and the next steps. I look
forward to working with you on this Important matter
Whele A. Stapie6. Es0
Jackson I DeMarco I T-4uS 1 Peokenoa V
2030 Man SVW Suite 1200
IMne. CA 92514
(949) 851 -7409 - Direct Dial
(949) 233.5039 - Cell
4/27/2010
Page I of 2
�r-/Zrm 40615
Page 1 of 2
Michele staple
&q t FVV HOAGS AGREEMENT TO CITY'S RECONCILIATION OF BIDS
From: Dennis D. O'Neil [madto:doneil®onell- Ilp.coml
Sink Tuesday, April 27, 2010 4:45 PM
To: Michele Staples
Ca sanford.smith4hoaghospital.org
Subjwt RE: HOAGS AGREEMENT TO CTTY'S RECONCILIATION OF BIDS
Michele.
This accurately summarizes our conversation today and reflects the follow up
procedures set forth In the VBIHoag Settlement Agreement
Dennis
Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd.. 711050
Irvine, CA 92612
(949) 796-0734 (tel.I
(949) 798 0511 (fax)
doneil@hemttorteii.com
NOTICE TO RECIPIENT THIS EJ IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND
MEANT ONLY FOR THE REVIEW AND USE OF THE NTENDED RECIPIENT OF THE
TRANSMISSION IF YOU RECEIVED THIS EJMIL IN ERROR, ANY REVIEW. USE DISSEMINATION.
DISTRIBUTION, OR COPYING OF THIS EA 11. IS STRICTLY PROHIBITED PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN EL L AND PLEASE DELETE THIS MESSAGE FROM
YOUR SYSTEM TiNM( YOU IN ADVANCE FOR YOUR COOPERATION
Fran: Michele Staples (mallto:1915taplesdNitplaw.mm]
Sot Tuesday, April 27, 2010 4:20 PM
To: Dennis 0. O'Neil
Cc: dlepa dnewportbeachca.gov; Campbell, James; Pam Cooper;
phillp txaS,&msn.COm; Denise 0. Iger, Kathryn Casey
SubjecC HOAGS AGREEMENT TO C[TYS RECONCILIATION OF BIDS
Thank you for your telephone call this afternoon. This e-mail summarizes our
discussion.
You gave me the good news that Hoag agrees with the City's reconciliation of
bids and has informed the City Managers office of its approval You expect
the City Manager to confirm this on the record at tonghtS City Council
hearing on the Hoag Development Agreement annual review The next step
is to proceed with notifying the Villa Balboa homeowners in the 18 units of the
260 Cagney Lane budding that are subject to the window replacement
program (Units 102 throughl07. 202 through 207 and 302 through 307) Villa
Balboa will prepare a list of the names and addresses of the unit owners and
will work with Hoag to prepare the notices.
The homeowners will have 45 days to respond whether they want to
participate In the program per Mitigation Measure PDF 3.4-1. Once we know
how many of the homeowners want to participate. Hoag will deposit the full
amount of the reconciled construction bid plus 20% contingency In an escrow
account payable to Villa Balboa, provide Villa Balboa the 10% administrative
fee, and secure the performance bond In favor of Villa Balboa as Set forth in
the Settlement Agreement. Section 1
Villa Balboa will make arrangements to hire a contractor for the program once
Hoag provides the funding.
Thanks again for calling me with the good news. Please confirm that the
above accurately summarizes Hoag's approval and the next steps. I look
forward to working with you on this important matter
M4h*e A. Staples. Eso
Jackson I DeMWOO I Tdus I Pac enpaugh
2030 Main Street Suite 1200
Irvine. CA 92614
(949) as I -7409 - Direct Pal
(949) 233.5039 - Get
4/27/2010