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The next meeting of the Board of Directors will be held at 7:00 p.m. on Monday, August 12, 2002 at the Anderson residence, 241 Monarch Bay Drive. A homeowner forum will be held at the beginning, to provide the homeowners with an opportunity to discuss issues directly with the Board. The September meeting will be held on Monday, September 9th at the Marlow residence, 401 Monarch Bay Drive.
2002 ANNUAL MEETING OF THE MEMBERS
Please save the date of Saturday, September 28th for our 2002 Annual Meeting of the Members. The meeting will be held at the South Shores Church at 9:00 a.m.
We will be electing three directors to serve a three year term each. At this time, the three incumbent directors whose terms expire have graciously agreed to serve for another term to provide continuity while resolving the legal issues. The three incumbent directors are: Cliff Anderson, Jess Marlow, and Dr. Richard Selby.
If you are interesting in becoming a candidate for this election, please contact one of the following Nominating Committee members to express your interest: Helen Hustedt, April O’Connor and Doug McLeish.
Please look to your mail in August for the election materials. We look forward to seeing you on September 28th.
OUR GUARD SERVICE TEAM
We are very fortunate that our community is served by a team of dedicated and friendly guards that have been with us for many years, subcontracted through Boyd & Associates.
Nick, Joe and Jeff provide tremendous continuity and it is easy to take them for granted. Recently we have been training guards to replace Pierre, who unfortunately decided to move
on to another career. We ask that you take the opportunity to introduce yourself to our newest team member, Ken May. We thank you for your patience as he learns the intricacies of our community.
If you have not yet placed your 2002 vehicle decals on your windshield, you will be asked to stop at the guard house each and every time you enter the community, so that the guards can help maintain our access control procedures.
COMMUNITY VANDALISM
We have experienced vandalism in our community recently and want each of you to help look out for your neighbors. The most recent incidents involved removal of personal items from the front yard of a home, the unauthorized use of a golf cart, the stealing of hubcaps, deflating vehicle tires, opening of back yard gates, etc... Parents, please remind your children of the rules and regulations of the community and of your financial responsibility for such acts. Thank you for your cooperation.
DANA POINT HISTORICAL SOCIETY - HOME TOUR
As many of you know, the Dana Point Historical Society is going to be conducting its Third Annual Historic Home Tour on Sunday, October 6th, from 11 a.m. to 4:00 p.m. This year’s tour will feature homes in Monarch Bay and will include a reception at our park next to the tennis court. Please see the attached flyer for more details.
If you are interested in the possibility of having your home on the tour or serving as a docent on the day of the event, please call Don Burnes and Alice Baum at 488-0427. They would love to hear from you.
MONARCH BAY ASSOCIATION
c/o Progressive Community Management
27405 Puerta Real, Suite 300, Mission Viejo, CA 92691
(949) 582-7770, FAX (949) 582-7796
or by e-mail at lisak@progressivecm.com
BEACH CLUB UPDATE - JULY 17, 2002
CLUB/HOTEL OWNERS STALL SETTLEMENT
This is to inform you regarding Monarch Bay's negotiations with Makar, the owners of the Beach Club and the St. Regis Hotel. As a result of Makar's delayed response to our latest proposal, the settlement talks have stalled. Makar's inaction leads us to believe that they are continuing their effort to extend the lawsuit, run up the community's legal costs, and wear down our resolve.
Makar's strategy has been to swamp us with an endless stream of demands for documents, interrogatories, and the grilling of twenty-two of our residents. These tactics are obviously designed to run up costs rather than develop relevant information. As our lawyer, Tom Davis told the Court: "Makar's discovery requests are duplicative, unduly burdensome and oppressive, irrelevant, made without good cause and propounded with the primary intention of harassing the Monarch Bay Association in this case.”
Our strategy has been simple and successful: We have won three important motions in court, Makar has won none. We have barred the entry of hotel occupants through our front gate and delayed construction of a tram path from the hotel through the golf course to the Bay Club. We plan to continue to oppose the tram path at the California Coastal Commission and assert our rights as landlord of the Club unless a satisfactory settlement is reached.
While doing this, we have expressed willingness to settle the lawsuit and allow restricted hotel access via the golf course tram path in exchange for reasonable safeguards for the value of our property and our quality of life. Our conditions center on restrictions on the number of club members, guests of members, use of the Club by the hotel, and on the number and size of large parties.
Our negotiating team had its third meeting with Makar representatives on June 12th. We agreed to postpone the trial originally scheduled for June 17th and to continue settlement talks. On June 18th we sent a proposal to Makar but received no reply. After waiting 12 days we asked Makar if a response was forthcoming. The answer was yes; however, by July 7th there was still no response from Makar.
On July 8th, Makar made a surprise attempt at the California Coastal Commission hearing to win approval of their tram path but failed. At that meeting, MBA President Norman Powell asked a Makar representative about their settlement intentions. On July 15th, twenty-seven days after we made our latest proposal, we received an unacceptable response. Makar flatly rejected our membership limits and asked for an agreement to ferry more people to the beach than at any time in the Club's history. In addition to an increase in the volume of outside members above the number currently coming through the gate, Makar wants tram access for hotel guests, up to 3 guests of each hotel guest, and the residents (and their 3 guests each) of the 99 new homes that Makar intends to build nearby.
We have only two choices if Makar continues to stall the negotiations. We can surrender and allow the Club and hotel to run roughshod over the community or we can fight to minimize impacts on our gate, streets, and beach. A survey of the residents shows that the vast majority wants the Board to follow the latter course of action and protect their investment in our community.
NEXT BOARD OF DIRECTORS MEETING
2002 ANNUAL MEETING OF THE MEMBERS
DANA POINT HISTORICAL SOCIETY - HOME TOUR
BEACH CLUB UPDATE - JULY 17, 2002
CLUB/HOTEL OWNERS STALL SETTLEMENT