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OCMA seeks court order to block final council vote to rescind approval of Museum House

The planned Museum House condominium tower is in the rear center of this rendering depicting it in Newport Center.

(File illustration / Daily Pilot)
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The Orange County Museum of Art plans to seek a temporary restraining order Wednesday morning in an effort to prevent the Newport Beach City Council from taking a second vote next week on rescinding its approval of the Museum House condominium development proposed for the art museum’s current site.

A hearing is scheduled for 9 a.m. at Orange County Superior Court in downtown Santa Ana.

According to the art museum’s request, which the court received Tuesday afternoon, OCMA hopes to stop the city’s action for three to four months, during which time the court could consider the merits of a lawsuit the museum filed in January alleging that a petition circulated by Newport activist group Line in the Sand calling for a public vote on Museum House violated state law.

That referendum effort, launched after the City Council approved the 25-story, 100-unit condo tower in November and December, forced the development back to the council. On Feb. 28, the council — rather than call an election to decide the fate of Museum House — opted to rescind its approval.

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A procedural second vote on the revocation is scheduled for March 14.

In OCMA’s court filing, museum president and board chairman Craig Wells said the museum has “outgrown” its home at 850 San Clemente Drive in Newport Center and is relying on its agreement to sell the site to Museum House developer Related California to fund a move to the Segerstrom Center for the Arts in Costa Mesa.

Wells said the Segerstrom Center is committed to having OCMA build a new facility there, but the deal is “contingent on OCMA meeting milestones for construction and occupancy of a new facility on that site. Our ability to meet those milestones is already in jeopardy because of the delay” caused by Line in the Sand’s referendum drive.

Wells also contended that if OCMA can’t sell the property to Related, “we will not be able to sell ... to another purchaser for nearly the same amount as Related has committed to pay because of the history being created for the site by the referendum.”

The amount of Related’s purchase agreement has not been disclosed.

Wells said the effort to move has taken more than two years and cost the museum thousands of dollars.

OCMA’s lawsuit contesting the referendum petition argued that it contained a font too small to read and lacked various required documents.

Late last month, OCMA asked a judge to expedite its case, but the request was denied.

In the weeks since the Jan. 6 filing, OCMA has gathered statements from people who contended that Line in the Sand’s signature gatherers — who included volunteers and paid consultants — were deceptive with the public.

According to court documents, OCMA’s supporters said the opposition incorrectly claimed Museum House would be the tallest building in Newport and was being built because OCMA was being “kicked out” of town, among other assertions.

Line in the Sand and other Newport residents were critical of Related California supporters who were seen at various shopping centers urging people not to sign the petition. Residents contended they were aggressive.

bradley.zint@latimes.com

Twitter: @BradleyZint

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