City rejects legal claim

City attorney says Stephen Sutherland’s claim wasn’t filed within the one-year deadline.Newport Beach’s city attorney said Thursday she has rejected a claim filed against the city by hotel designer Stephen Sutherland, who wants to revive a project to build a resort on city-owned property at Marinapark.

Sutherland filed the claim Oct. 3. It alleges agreements Sutherland made with the city give him 18 more months to try to develop a project at Marinapark. The claim also asks for $1 million to reimburse Sutherland for money he spent on an environmental report and a failed November 2004 ballot measure that would have changed the city’s general plan to allow the resort project.

Newport Beach City Attorney Robin Clauson said the city denied Sutherland’s claim because it wasn’t filed within a one-year deadline and that it also has no merit.

Her legal analysis showed the claim was “returned late, and I didn’t find any basis in the claim,” Clauson said.

When contacted Thursday, Sutherland said he’s not surprised because most cities routinely reject legal claims.

“This is standard procedure,” Sutherland said. “I fully expected this and my intention is to see them in court.”

The likely lawsuit is the latest wrinkle in the long-running saga of Marinapark, city-owned land that’s now occupied by a mobile home park, Girl Scout house, public beach and other amenities.

The City Council in 2000 approved an agreement giving Sutherland the exclusive right to negotiate to develop the property, but his 110-room resort plan failed after a bitter 2004 ballot campaign by a residents’ group that wanted the land preserved as a public park.

The council still has not decided what to put on the property.