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HomeMy WebLinkAbout07/09/2013 - Regular MeetingCity Council Minutes Regular Meeting July 9, 2013 — 7 :00 p.m. I. STUDY SESSION - Cancelled IL ROLL CALL - 6:00 p.m Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle III. PUBLIC COMMENTS REGARDING CLOSED SESSION Jim Mosher referenced an upcoming vote by the Governing Board of the South Coast Air Quality Management District (AQMD) on a proposed new rule affecting beach fire rings. He indicated that their attorney reads the details of the topics on their closed session agenda. He commented on the first topic of this agenda, involving anticipated litigation regarding a Bay Front property east of the ferry landing on Balboa Island. Regarding today's Closed Session Agenda, Mr. Mosher stated that Item A was pulled from the Harbor Commission agenda in March with an expectation that it would come back to them at a later meeting, which has not occurred. City Attorney Harp announced that Council will recess to Closed Session to discuss the items listed under Closed Session which include an anticipated litigation matter and labor negotiations. IV. CLOSED SESSION - 6:03 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)): Appeal of Harbor Resources Manager's denial of a commercial pier permit transfer application for 508 South Bay Front Avenue, Newport Beach, California. B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Human Resources Director; Negotiators Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (LABEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (N.BLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Association (NBPTEA) Volume 61, -Page 220 City of Newport Beach City Council Minutes July 9, 2013 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Gardner; Council Member Petros; Mayor Pro Tern Hill; Mayor Curry; Council Member Selich; Council Member Henn; Council Member Daigle VIII. CLOSED SESSION REPORT - City Attorney Harp reported that there were no reportable actions taken IX, PLEDGE OF ALLEGIANCE - Council Member Selich X. INVOCATION - Melinda Blackman, Harbor Christian Church XI. PRESENTATION Presentation of $255,000 Check from the Friends of the Library Library Services Director Cowell thanked the Friends of the Library for their generous contribution and efforts in support of the Library. Jan Oates, President of the Friends of the Library, presented a check for $255,000 to the Mayor and thanked volunteers and the Newport Beach community. XII. NOTICE TO THE PUBLIC XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA. (NON - DISCUSSION ITEM) Council Member Daigle commented on her recent vacation, including a visit to Fenway Park in Boston, and noted that during their pregame show, they recognized the contributions of the Pan -Mass Challenge (PMC) and the work of the Dana - Farber Cancer Institute. She noted that it was very touching to see 12 young cancer survivors ride their bicycles onto the field and who are on their way to ride across Massachusetts to raise funds for cancer research. Council Member Daigle also reported that a resident contacted her with a list of improvements needed at Bayview Park. She expressed her appreciation to Recreation and Senior Services Director Detweiler and the Municipal Operations Department for their quick response to the matter. Council Member Henn expressed his appreciation to the Police Department, the Recreation and Senior Services Department, and the citizens of the community of West Newport for the success of the Fourth of July Parade and Celebration. Council Member Selich announced that the first meeting of the Land Use Element Amendment Advisory Committee will be held on July 16, 2013, at 3:30 p.m. in the Corona del Mar Conference Room. Council Member Gardner reported that the Parks, Beaches and Recreation Commission approved the removal of a tree on Poppy Avenue and believed that it sets a precedent. She requested that the removal be reconsidered by Council. She noted that there has been picketing in the neighborhoods and reported receiving calls from non - profit organizations expressing disappointment regarding the cost to have Volume 61,- Page 221 City of Newport Beach City Council Minutes July 9, 2013 meetings or events at the new Civic Center. She requested bringing back an item to Council to determine if the picketing issue and rental rates for non- profit organizations should be considered further. Council Member Gardner noted that Council received comments from Jim Mosher regarding the Business Improvement District (BID) process. City Attorney Harp reported reviewing the matter and stated that everything was done in accordance with the law, including publishing a notice in the newspaper as required by the Government Code, and indicated that there were no procedural violations. Mayor Pro Tom Hill noted that he and his wife participated in three parades during the July Fourth holiday and commented positively on the events. Mayor Curry reported on the Association of California Cities of Orange County (ACC -OC) Golden Hub of Innovation Awards and noted that the City received the Public Works and Infrastructure Award for the Harbor Dredging project, the Planning and Community Development Award for its Arts Funding Initiative, and an Honorable Mention Award for its Information Technology Department. Mayor Curry announced that a Senior Resources Expo will be held on July 20, 2013, from 9:00 a.m. to noon at the OASIS Senior Center; and stated that the Taste of OASIS will offer lunch items by six local retirement communities at noon. Mayor Curry reported speaking at the opening of the Courage to Remember exhibit at the Newport Beach Central Library and encouraged residents to visit the exhibit. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 7 (Water Quality and Field Management Services for the Lower Bay Dredging Project), Council Member Henn expressed hope that the City will be more vigilant about timely advanced approvals of similar items in the future. Jim Mosher expressed his appreciation to the City for including his comments and additional correspondence for Item 13 (Re -Use of Former City Hall Complex) to the online agenda packet. Regarding Items 3 and 4 (Balboa Village Advisory Committee Membership and General Plan/Local Coastal Program Implementation Committee Membership, respectively), he expressed concerns with the appointment process. Regarding Item 10 and 11 (Private Improvements within the Public Right -of -Way at 500 El Modena Avenue and Private Improvements within the Public Right -of -Way at 303 Driftwood Road, respectively), he asked if notice was provided to the neighbors relative to action items. Regarding Item 8 (Amended and Restated. Cooperative Agreement with the Friends of OASIS), he believed that the agreement was difficult to understand, exhibits showing the relationship have not been changed, and their meetings should be open to the public. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. RESOLUTIONS FOR ADOPTION 3. AMENDMENT OF THE BALBOA VILLAGE ADVISORY COMMITTEE MEMBERSHIP. 1100 -2014 a) Adopt Resolution No. 2013 -58, A Resolution of the City of Volume 61,- Page 222 City of Newport Beach City Council Minutes July 9, 2013 Newport Beach Amending Membership of the Balboa Village Advisory Committee, to replace the "Balboa Village Business Improvement District Board Member" with a "Balboa Village Merchant Association Board Member "; b) waive Council Policy A -2 (Board, Commission and Committee Appointments); and e) appoint Ralph Rodheim to fill the Balboa Village Merchant Association Board Member seat. 4. AMENDMENT OF THE GENERAL PLANILOCAL COASTAL PROGRAM IMPLEMENTATION COMMITTEE MEMBERSHIP. 1100 -20131 a) Adopt Resolution No. 2013 -59, A Resolution of the City of Newport Beach Amending the General Plan /Local Coastal Program Implementation Committee, to add an At -Large Member; b) waive Council Policy A -2 (Board, Commission and Committee Appointments); and c) appoint former Planning Commission Chair Michael Toerge as the At -Large Member to the General Plan/Local Coastal Program Implementation Committee. C. CONTRACTS AND AGREEMENTS 6. AGREEMENT BETWEEN SOUTHERN CALIFORNIA EDISON AND THE CITY OF NEWPORT BEACH FOR ENERGY EFFICIENCY DEMONSTRATION AND PERFORMANCE EVALUATION (C- 5525). [381100 -2013] a) Authorize the Mayor to execute the Agreement between Southern California Edison and the City of Newport Beach for Energy Efficiency Demonstration and Performance Evaluation ("Agreement "); and b) authorize the City staff to execute the work as described in the Agreement. AMENDMENT NO. 1 WITH ANCHOR QEA, L.P., FOR CONSULTANT SERVICES TO PROVIDE NECESSARY WATER QUALITY AND FIELD MANAGEMENT SERVICES FOR THE LOWER BAY DREDGING PROJECT (C- 5118). 1381100 -20131 Approve and execute Amendment No. I with Anchor QEA for required water quality and field management services for Phase II of the Lower Bay Dredging Project. 8. AMENDED AND RESTATED COOPERATIVE AGREEMENT WITH THE FRIENDS OF OASIS (C- 3772). [381100 -20131 Approve and authorize the Mayor and City Clerk to execute the Amended and Restated Cooperative Agreement between the City and the Friends of OASIS, D. MISCELLANEOUS 10. REQUEST TO INSTALL PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT- OF-WAY AT 500 EL MODENA AVENUE. [100 -20131 a) Waive City Council Policy L -6 (Private Encroachments in the Public Rights -of -Way, to allow a white picket fence with pilasters to encroach up to 7 feet into the El Modena Avenue and Clay Street rights -of- way, contingent upon all conditions of the encroachment Permit process being met; and b) direct staff to revise the existing Encroachment Agreement (O.R. 2011000431826), which currently allows for decorative pavers in the El Modena Avenue right -of -way, to include the new proposed improvements, and authorize the City Manager and City Clerk to execute the revised Encroachment Agreement. 11. REQUEST TO INSTALL PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY AT 303 DRIFTWOOD ROAD. [100 -20131 a) Waive City Council Policy L -6 (Private Encroachments in the Public Rights -of -Way, to allow for an 18 -inch block wall to encroach up to 3 -feet into the Seaward Road right -of -way, contingent upon all conditions of Volume 61,- Page 223 City of Newport Beach City Council Minutes July 9, 2013 the encroachment Permit process being met; and b) direct staff to prepare an Encroachment Agreement for the proposed private improvements within the Seaward Road right -of -way, and authorize the City Manager and City Clerk to execute the Encroachment Agreement. 12. ACCEPTANCE OF FUNDS FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS. [100 -20131 a) Acknowledge that the funds were received and posted as Fiscal Year 2012 -13 revenues in account #1820 -486F; and b) approve Budget Amendment No. 14BA -001 appropriating Local Assistance law enforcement funds from the California Board of State and Community Corrections (BSCC) in the amount of $41,048.20 from front -line law enforcement services by increasing expenditure appropriates for Fiscal Year 2013 -14 in account #1830.7041. Motion by Council Member Petros, seconded by Mayor Pro Tom Hill to to approve the Consent Calendar, except for the items removed (1, 5, and 9). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES FOR THE JUNE 25, 2013 REGULAR MEETING. 1100 -20131 Council Member Henn referenced Item 21 on page 219 (City Insurance Renewals) and requested that his statement be amended to reflect that he favored Option 2, not Option 1. Motion by Council Member Henn, seconded by Council Member Selich to waive reading of subject minutes, approve as amended, and order filed. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 5, ADOPT RESOLUTION NO. 2013 -60 FOR INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENT'S CALIFORNIA HERO PROGRAM (C- 5528). [381100 -20131 Mayor Curry reeused himself since he has a stockholder interest in one of the firms that consults to the Western Riverside Council of Government's California HERO Program. Council Member Gardner noted that she is in favor of clean energy but requested clarification regarding related costs to the City. Chief Building Official Jurjis confirmed that there is no fee to the City to administer the program. Furthermore, the City is an Associate Member and does not pay into the program. Motion by Council Member Gardner, seconded by Council Member Selich to adopt Resolution No. 2013 -60, A Resolution of the City Council of the City of Newport Beach Consenting to the Inclusion of Properties within the City's Jurisdiction, in the California HERO Program to Finance Distributed Generation. Renewable Energy Sources, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving the Amendment to a Certain Joint Power Agreement Related Thereto, approving an amendment to the Western Riverside Council of Volume 61 - Page 224 City of Newport Beach City Council Minutes July 9, 2013 Governments Joint Powers Agreement to add the City of Newport Beach as an Associate Member in order to authorize the City's participation in the California HERO Program. The motion carried by the following roll call vote: Ayes: Council. Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council Member Selich, Council Member Henn, Council Member Daigle Recused: Mayor Curry 9. APPROVAL OF AMENDMENT NO. 5 TO WEST COAST ARBORISTS, INC. FOR TREE MAINTENANCE SERVICES (C- 2966). [381100 -20131 In response to Council Member Gardner's questions, Municipal Operations Director Harmon reported that there are no requirements regarding cleaning or replacing equipment, but that there are strict requirements regarding trimming trees and performing health analyses of trees: He indicated that staff will make the determinations relative to the removal of trees if it is determined that they are diseased. Council Member Gardner suggested considering cleaning the equipment in between tree trimmings. Council Member Henn indicated that the contract has grown to be substantial in size and asked, if upon expiration, the matter will be subject to a competitive bid process. Municipal Operations Director Harmon stated that the current contract expires in December and that staff is preparing the Request for Proposal (RFP) to distribute so that the new contract will undergo the full competitive process. Jim Mosher believed that it would be appropriate for the tree program to be reviewed by the Parks, Beaches and Recreation Commission. Motion by Council Member Gardner, seconded by Council Member Selich to approve Amendment No. 5 to the contract agreement with West Coast Arborists, Inc. for tree trimming services at a not to exceed price of $1,280,000, and authorize the Mayor and City Clerk to execute the amendment. The motion carried by the following roll call vote: Ayes; Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XVII. PUBLIC COMMENTS ON NON - AGENDA ITEMS Jeneile Godges, Local Public Affairs Manager with Southern California Edison, reported that her colleague, Eddie Marquez, has been transferred to other cities and that she has been assigned to the City. Council Member Henn commented on the reliability of service on Balboa Peninsula and hoped that Ms. Godges will continue to look into the matter. Jim Mosher referenced his written comments and believed that the Business Improvement Districts (BIDs) members did not receive their due process since they were not notified about the BID renewal. He expressed hope that Council will reconsider how this is handled in the future. Additionally, he hoped that Council would reconsider its direction to staff regarding the removal of beach fire rings, He believed that this gives the City a bad name and that making the fire rings a nuisance is due to a lack of public outreach and enforcement. Robert Hawkins noted that he has a plug -in vehicle and expressed concern that the City is not charging Volume 61,- Page 225 City of Newport Beach City Council Minutes July 9, 2013 the public for its use of the Civic Center charging stations, believing that this may be a gift of public funds. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported on a meeting of a Harbor Commission Subcommittee and the Chair of the Parks, Beaches and Recreation Commission to discuss the Lower Castaways. She referenced previous Harbor Commission meetings in which the public presented ideas for utilizing Lower Castaways and added that the Parks, Beaches and Recreation Commission will be appointing two members to work with the Harbor Commission to prepare a list of suggestions which will be presented to Council at a future meeting. Council Member Petros reported that the Bicycle Master Plan Oversight Committee met on duly 1, 2013, where the Committee was introduced to the consultant who will be in charge of preparing the City's first Bicycle Master Plan. He indicated that the consultant will be collecting data and encouraged interested individuals to submit comments. Council Member Selich reported that the General Plan/Local Coastal Program Implementation Committee met on June 26, 2013, and discussed the Coastal Zone boundary. He stated that staff will be working on resolving discrepancies between where the City believes the boundaries should be and where the Coastal Commission believes it should be. He added there may be other opportunities to make further adjustments to the Coastal Zone boundaries. The Committee also discussed follow -up to administrative chapters of the Implementation Plan and the incorporation of Newport Coast into the overall Coastal Plan. XIX. CURRENT BUSINESS Without objection, Mayor Curry requested that the City Council consider Item 14 before considering Item 13. 14. DIRECTION TO STAFF PER COUNCIL POLICY A-6 - MARINER'S MILE. [100 -20181 Mayor Pro Tem Hill recused himself since he owns property within 500 feet of the subject area. Council Member Petros reported working with a group of property owners and merchants along Mariner's Mile to look into opportunities to revitalize the corridor. He reported that property owners and merchants would like Council to consider at a future meeting how to revitalize the area and how to maintain the current cross- section of Coast Highway. He asked if Council would be amenable to exploring where OCTA and Caltrans stand and look at opportunities for maintaining existing sections of Coast Highway, He reviewed key items for consideration as outlined in the staff report. Council Member Gardner requested clarification regarding existing and future traffic forecasts to show current and future loads of traffic, and whether staff is to return with a proposal for a new traffic study or report on existing studies. Council Member Petros noted that there are existing studies that would help in leading Council to a conclusion, and that he was not proposing a new traffic study. Jim Mosher believed that, if Council will consider steps for facilitating rebuilding Mariner's Mile, it should also consider steps necessary to make the entirety of it a part of the Coastal Zone. He commented on a project that was allowed to proceed without a Coastal Development permit and asked why some areas are not part of the Coastal Zone. He believed that, if the City makes significant changes to Mariner's Mile, the whole of it is protected under the Coastal Act. Volume 61, -Page 226 City of Newport Beach City Council Minutes July 9, 2013 Council Member Petros indicated that he would like the opportunity to have a consistent application of Coastal Zone boundaries and reported that he would prefer that it be completely eliminated from the Coastal Zone in order to retain local control over City issues. Ned McCune, Chairman of the Mariner's Mile Business Association, stated that no member believes that the County Master Plan of Arterial Highways should be fulfilled in Mariner's Mile because it would cease to be a local - serving artery and would become a throughway. He added that Mariner's Mile is not fully realized, could be something grand, and hoped that Council will use its influence with OCTA to that effect. Tod Ridgeway, Mariner's Mile Business Association, reported that lanes through Corona del Mar and Laguna Beach were reduced, and that Huntington Beach was successful in removing the 19th Street Bridge which puts a greater impact on the citizens. He believed that there is an opportunity to work within the confines of existing conditions and addressed Floor Area Ratios (FARs) and parking. He encouraged Council to study the matter and commented on Jan Vandersloot's belief of redesigning what presently exists. Motion by Council Member Petros, seconded by Council Member Gardner to direct staff return to the City Council with an agenda item regarding the "Mariner's Mile" area of the community (specifically, West Coast Highway west of Dover Drive and east of Newport Boulevard), including "the future of West Coast Highway" and the "future revitalization of Mariner's Mile, specifically: a) Current ownership of highway though Mariners Mile. b) OCTA's role in highway planning there. c) City's role in planning and maintenance of West Coast Highway through Mariner's Mile. d) Existing and future traffic forecasts to show current and future loads of traffic; and direct staff to send correspondence to the OCTA to see how likely they are to move forward with this. Council Member Henn noted that the City has been very receptive to the idea of taking over Coast Highway, but pointed out that the State will not give the City any money for the maintenance of the highway. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petrol, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Recused: Hill 13. REUSE OF FORMER CITY HALL COMPLEX - 3300 NEWPORT BOULEVARD AND 475 32ND STREET: 1) REQUEST FOR PROPOSALS NO. 13 -35 (PA2012 -176); 2) CITY HALL COMPLEX REUSE PROJECT AMENDMENTS (PA2012 -031) - GENERAL PLAN AMENDMENT NO. GP2012 -002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012- 001, AND ZONING CODE AMENDMENT NO. 2012 -003; AND 3) RESOLUTION NO. 2013 -61 FORMING AN AD HOC COMMITTEE TO NEGOTIATE AN AGREEMENT WITH THE PREFERRED PROPOSER FOR THE RE -USE OF THE CITY HALL SITE. [100-2013] Council Member Henn recused himself since he has an indirect business relationship with a business in Via Lido Plaza which may give rise to a conflict. Community Development Director Brandt utilized a PowerPoint presentation to provide an overview; presented a background, including preparation and distribution of a Request for Proposals Volume 61,- Page 227 City of Newport Beach City Council Minutes July 9, 2013 (RFP), responses received, study sessions and presentation of concepts by the responders, review of the proposals by staff, and retention of consultants to help staff with the various technical aspects of the concepts. She presented a summary of the three concepts provided by R.D. Olson Development, The Shopoff Group, and Sonnenblick Development; and addressed economic impacts expected from the three conceptual plans, next steps, and recommendations. In response to Council Member Gardner's questions regarding parking, Community Development Director Brandt reported that R.D. Olson is proposing 144 parking spaces on the site and along 32nd Street which would be public parking. She added that parking will be evaluated upon review and consideration of the actual project. In addition, there is no specific hotel parking rate within the City's Zoning Code, but with an actual development through the Use Permit or Site Development review process, the parking rate will be established appropriately. Council Member Gardner stressed the importance of considering employee parking. Council Member Petros commented on his experience with hotel developments and also expressed concerns regarding parking. He expressed support for acting on a Memorandum of Understanding (MOU) prior to a lease and emphasized that this is not a project approval. He indicated that the issue of parking is one that he would like to see articulated for the Ad Hoc Committee. Bob Olson, R.D. Olson Development, provided a PowerPoint presentation to convey the company's experience, investments, projects completed, and operating partners. He addressed feasibility and design, and listed the groups and organizations he met. He noted that he has received support from many members of the community and stated that if chosen, they will do a complete parking study, as mandated by staff. He requested that Council support staffs recommendations and move forward with the proposal. Bill Shopoff, The Shopoff Group, thanked the City for file opportunity to participate in the process and acknowledged the overwhelming support by the community for a hotel. He stated that his organization remains interested, believes that the apartment project would still have lower impacts to the area, and indicated that the residential concept proposed would provide less risk for the City. He stated that, should negotiations with R.D. Olson Development not be successful, he would come back to the table with the City. Chris Piche, C.W. Driver on behalf of Sonnenblick Development, thanked staff and Council for their time and involvement and commented positively on the organization's proposal. Mayor Curry stated that the City received three outstanding proposals and commented positively on their efforts, including community outreach. He commended staff for doing a great job in evaluating the proposals and that the recommendation for the R.D. Olson proposal is the right recommendation. He acknowledged that there are issues yet to be solved, but expressed confidence that the proposal will be successful and an outstanding resource to the community. Council Member Gardner indicated that the City received proposals from three class acts and commented positively on the three companies that submitted concepts. She agreed with staff that, for this specific site, R.D. Olson Development's proposal, would be her choice as well. Council Member Petros thanked those in attendance and the three presenters. He believed that the City will be in very good hands with R.D. Olson and indicated his support of staff recommendations. Mayor Pro Tem Hill stated that all of the proposals have positive aspects. He indicated that there is still work to be done and commented on the design guidelines developed by the Citizens Advisory Panel. He indicated that he will support staff recommendations. Volume 61- Page 228 City of Newport Beach City Council Minutes July 9, 2013 Council Member Daigle commented on the revitalization of the area and indicated her interest in receiving input and feedback from the community. She thanked residents for expressing their opinions to Council. Council Member Selich commented positively on the proposals and the development teams and indicated that he looks forward to working with Mr. Olson on this project. George Schroeder reported that Mr. Olson has agreed to do a presentation for Speak up Newport at 6:00 p.m. on July 10, 2013, in the Community Room. He invited the public to attend. Jim Mosher referenced approval of the General Plan in 2006 and expressed disappointment that a creative new public use was not considered. He believed that changing the land use designation from public to commercial is not imaginative, the plan violates the 35 -foot height limit on the Peninsula, the consequences of the alternatives have not been evaluated, the City is committing itself to an unproven project for the next 99 years without proper understanding of the environmental consequences, and the economic analysis was not done using the fiscal impact model required in the General Plan. He expressed concern with forming a two Council Member negotiating committee, and suggested dispensing with the committee and providing direction directly to staff in a public meeting. He took issue to working out the details of the lease in Closed Session since there is nothing in the Brown Act that allows the City to do so. Sharon Boles, President of the West Newport Beach Association Board of Directors, expressed support and endorsement for the project. Robert Hawkins, attorney representing various community groups, noted that he submitted his comments. He believed that there is a need for a Council- approved resolution which makes appropriate findings and that the State does not allow 99 -year leases unless Council makes specific findings. He believes that there is a project being considered due to change of land use, a General Plan Amendment and excessive height which needs environmental analysis. He referenced circulation of a Mitigated Negative Declaration (MND), and noted that the MND was continued indefinitely. City Attorney Harp indicated that Council routinely takes action by motion, not just through resolution, and that there is no prohibition regarding designating parties for negotiations. He addressed CEQA requirements and stated that, presently, Council is simply moving the process forward, not approving a specific project. He pointed out that there are no terms at present and that terms can be subject to negotiation. He indicated that there are several ways to obtain a 99 -year lease. Cynthia Koller expressed her appreciation to Council and staff, and noted that she has been involved with the project since its inception. Craig Smith reported that his company designed the St. Regis Monarch Beach Resort and noted that R.D. Olson bears many of the same hallmarks, quality, and attractiveness that will provide many benefits to the City, including economic benefits. 'He expressed support for the project. Mayor Curry reported his intent to appoint Council Member Selich and Mayor Pro Tem Hill to the Ad Hoc Negotiating Committee. Motion by Mayor Pro Tern Hill, seconded by Council Member Petros to a) select R. D. Olson Development to negotiate lease terms; b) adopt Resolution No. 2013.61, A Resolution of the City Council of the City of Newport Beach Establishing an Ad Hoc Committee to Negotiate the Re -Use of the City Hall Site, and confirm Mayor Curry's appointments of Mayor Pro Tern Hill and Council Volume 61, Page 229 City of Newport Beach City Council Minutes July 9, 2013 Member Selich to the Committee, and request that they also focus on parking issues; and c) direct staff to modify the pending amendments to the General Plan Land Use Element, Coastal Land Use Plan, and Zoning Code for consistency with the City Council's selection of R. D. Olson Development and take all necessary steps .to complete the processing of the amendments as the project components are refined. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Council Member Daigle Recused: Henn XX. MOTIONS FOR RECONSIDERATION - None M. ADJOURNMENT - Adjourned at 8:33 p.m. in memory of the 19 firefighters who passed away in the Yarnell Hill wildfire in Arizona The agenda for the Regular Meeting was posted on July 3, 2013, at 4:00 p.m. on the City's website; on July 3, 2013, at 4:00 p.m. on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on July 3, 2013, at 4:30 p.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. City Clerk Recording Secretary Mayor Volume 61 ,- Page 230