Museum House battle is criticized by Newport council members
The Newport Beach City Council gave its second procedural approval Tuesday for a planned luxury condominium tower in Newport Center, with one council member abstaining in the midst of reports of confrontations surrounding a challenge to the project.
Councilman Keith Curry, who initially voted in favor of Related California’s 25-story, 100-unit Museum House development on Nov. 29, abstained from voting on it a second time while calling the ongoing battle over the project a “most dishonest, deceitful campaign.”
As in the first vote last month, Councilman Tony Petros dissented Tuesday in his last meeting on the council after not running in last month’s election.
The comments by Curry — who was at his last council meeting before being termed out of office — came amid reports of intimidation of petitioners and signers by supporters of Museum House who have been hired by the developer and are frequently seen outside Newport Beach grocery stores to contest a petition drive seeking a referendum that could potentially overturn the project.
Last week, the Irvine Co. sued Related California, saying some Museum House supporters were creating a “hostile environment” for shoppers at Irvine Co. properties and had not filed the requisite paperwork for “free speech” activities on the sites.
“It is absolutely disgusting,” said Curry, who added that the matter could be investigated by the federal Justice Department.
Mayor Diane Dixon expressed criticism toward all involved: Related California, referendum campaign organizer Line in the Sand and Citizens Against High Rise Urban Towers, a Santa Ana-based nonprofit that opposes Museum House.
Dixon, who later Tuesday was replaced as mayor by council member Kevin Muldoon, urged all sides “who are doing combat within the city limits of Newport Beach … to cease that type of gutter-level political activity.”
On Monday, a new front in the battle emerged when OCMA Urban Housing LLC, an affiliate of Related California, alleged that Mark Rosen, at attorney for Citizens Against High Rise Urban Towers and a part-time county employee, violated state and county ethics rules while representing the group.
Sean Matsler, an attorney representing OCMA Urban Housing, sent a letter to the Orange County Board of Supervisors requesting that the county investigate whether Rosen’s “lobbying efforts” with Citizens Against High Rise Urban Towers violate state conflict-of-interest laws and the county ethics code.
Rosen works about 20 hours a week as an executive assistant to county Auditor-Controller Eric Woolery. Rosen said he earns about $3,000 per month advising Woolery on issues related to county finance.
The county code of ethics states that no employee “shall engage in any business, transaction or activity, or have a financial interest, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action on the performance of official duties.”
Rosen said the complaint against him is incorrect and without merit.
“I haven’t lobbied anyone,” he said. “[Citizens Against High Rise Urban Towers] is not circulating any referendum petitions, and I certainly haven’t lobbied the county.”
The letter takes issue with Rosen’s comments this month that the City Council erred in approving the Museum House project because it voted without receiving requisite written confirmation from the Federal Aviation Administration that the condo tower and aircraft using a nearby Police Department helipad would not pose a threat to each other.
The Airport Land Use Commission, a county-run group, signed off on the development in November with the condition that the FAA and Police Department also determine that the project’s proximity to the helipad is acceptable.
City officials have said they received sufficient documentation before the Nov. 29 council meeting from Kari Rigoni, executive officer of the Airport Land Use Commission. In her letter, Rigoni said the FAA was OK with it.
The complaint states that Rosen has engaged the news media and various Airport Land Use Commission employees in an attempt to undermine the decision on the project.
“Because the county is responsible for funding of the ALUC, including with respect to employees and operating expenses, there is a likelihood that Mr. Rosen personally, in his capacity as an employee of the county auditor-controller’s office generally, has authority and influence over the funding of ALUC,” the letter states.
Rosen called that “a stretch” and said he’s often involved in election cases in which he represents people suing Orange County Registrar of Voters Neal Kelley and that there’s never been a conflict-of-interest issue.
“This is just another attempt by the Museum House people to smear anyone and everyone who gets in their way,” Rosen said. “They’re using any kind of slimy, swampy tactic they can use.”
Twitter: @BradleyZint
Twitter: @HannahFryTCN
