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HomeMy WebLinkAbout01 - MinutesAgenda Item No July 23, 2013 City Council Minutes Regular Meeting July 9, 2013 — 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL - 6:00 p.m. III. Present: Council Member Gardner, Council Member Petros, k0yor Pro Tem H% Mayor Curry, Council Member Selich, Council Member Henn, Council Member Doi le'' g Jim Mosher referenced an upcoming vote by the Goverri% Board of the South Coast Air Quality Management District (AQMD) on a proposed new rule affectin6beach fire rings. He indicated that their attorney reads the. details of the topics on their MWped session ageiRI . He commented on the first topic of this agenda, involving anticipated litigation regik Bay Front`V°toperty east of the ferry landing on Balboa Island. Regarding today's Closed Session agenda, 7Vkca.Mosher `stated that Item A was pulled from the Harbor Commission agenda in March with an pectation Llat:.it woulel come back to them at a later 5.` aH, meeting, which has not occurred. !� �`"2.` City Attorney Harp announceddq*that C F ncil will reces dosed Session to discuss the items listed under Closed Session which includean anticipated litigation utter and labor negotiations. IV. CLOSED SESSION - 6:03 p.m. A' 21 *'. A. CONFERENCE WITf%t Code Section 54956.9(d) Ap15W of Harbor application for 508 B. CONFERENCE ANTICIPATED LITIGATION (Government urces Manager's denial of a commercial pier permit transfer Bay Front Avenue, Newport Beach, California. 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 (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA); 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, 2015 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII: ROLL CALL Present: Council Member Gardner; Council Member Petros; Mayor Pro Tem Hill; Mayor Curry; Council Member Selich; Council Member Henn; Council Member Daigle VIII. CLOSED SESSION REPORT - City Attorney Harp reported tha$ there were no reportable actions taken AA DC. PLEDGE OF ALLEGIANCE - Council Member Selich X. INVOCATION - Melinda Blackman, Harbor XI. PRESENTATION Presentation of $255,000 Check from theLFriends of Library Services Director Cowell'thanked tI[e friends of the �3 ibrary for their generous contribution 1.. d and efforts in support of the Library. Jank9ates, President of tlY.W;riends of the Library, presented a check for $255,000 to the Mayor and thanl4ed volunte sand the Nbwport Beach community. r.� v XII. NOTICE TO THE PUBLIC iw 1 2 XIII. CITY COUNCIL ANNW-5NCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTt-J E AUNDA (NON- A3SCUSSION ITEM) Council Mem 'i commented on her recen't� acation, including a visit to Fenway Park in Boston, and noted V. during their p game dhow, they recognized the contributions of the Pan -Mass Challenge (PMC) aa&the work of the Da 1a -Farbe . ancer Institute. She noted that it was very touching to see 1.2 young can e��•yy survivors .ride tkigir bic onto the field and who are on their way to ride across Massachusetie) o raise ft s for Zncer research. r Council Member N "ttgle also reported that a resident contacted her with a list of improvements needed at Bayview Park. She ems'ressed her appreciation to Recreation and Senior Services Director Detweiler and the Municipal Operations. epajftment for their quick response to the matter. Council Member Henn expfessed 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. XIV M 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 Tem 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 Innovation Awards and noted that the City received the Public Harbor Dredging project, the Planning and Community De Initiative, and an Honorable Mention Award for its Information `. Mayor Curry announced that a Senior Resources Expo N iObe at the OASIS Senior Center; and stated that the Tgste of retirement communities at noon. ^`�,J rangs'County (ACC -OC) Golden Hub of IdKg ;and Infrastructure Award for the lopmeai ,,Award for its Arts Funding chnology Mgpartment. on July 20, 2013�fiom 9.00 a.m. to noon 3IS will offer lui(iT items by six local Mayor Curry reported speaking at the opening of the Coura& to Remember exhibit at the Newport Beach Central Library and encouraged residents toksit the exhibit "Ir,._ Regarding Item 7 (Water Quality and Field N Council Member Henn expresse& ope that the of similar items in the future.y"` Jim Mosher expressed 411 correspondence for Item 13 Items 3 and 4 (Balb-,ga_ -Milli process. Modena (Amended afidk, agreement was meetings should A. ing Item 1'N`a; and Private'i asked if notice to and L to the SeriZes:.for the Lower Bay Dredging Project), more vigilant about timely advanced approvals tion to 'the I. City for including his comments and additional ?'or.mer City 11V.I Complex) to the online agenda packet. Regarding r'Coibmittee Membership and General Plan/Local Coastal Program respectrvQly), he expressed concerns with the appointment rivate Improvements within the Public Right -of -Way at 500 El �ihents within the Public Right -of -Way at 303 Driftwood Road, ov d`ed to the neighbors relative to action items. Regarding Item 8 Agreement with the Friends of OASIS), he believed that the exhibits showing the relationship have not been changed, and their 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. [100 -20131 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 C. In 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 c) appoint Ralph Rodheim to fill the Balboa Village Merchant Association Board Member seat. 4. AMENDMENT OF THE GENERAL PLAN/LOCAL IMPLEMENTATION COMMITTEE MEMBERSHIP. [10( No. 2013 -59, A Resolution of the City of Newport Beach Amen Coastal Program Implementation Committee, to add an At -1 Policy A -2 (Board, Commission and Committee Appoid, er Planning Commission Chair Michael Toerge as the ' t -Lai *-. a Plan/Local Coastal Program Implementation Committe e e. CONTRACTS AND AGREEMENTS COASTAL PROGRAM 1131 a) Adopt Resolution ;g the General Plan /Local Member; b) waive Council and c) appoint former Member to the General 6. AGREEMENT BETWEEN SOUTHF N CALfFORNIA EDISON A THE CITY OF NEWPORT BEACH FOR ENERG _p,,6FFICIENCY DEMONSTRATION AND PERFORMANCE EVALUATION (C- 55*%j,, [381100 -2013] a) Authorize the Mayor to execute the Agreement between Southern Calffarnia Edison and the City of Newport Beach for Energy Efficiency Demonstration and Perfor "i5t�nce Evaluation ( "Agreement "); and b) authorize the City staff to execut ,tlEork as descrrlieti in the Agreement. 7. AMENDMENT NO. I WITH ANCHOR QEA-V.P ,.y FOR - CONSULTANT SERVICES TO PROVIDE NECESSARY WATERQUALITY ANIELD MANAGEMENT SERVICES JF „a FOR THE LOWER7'UAY DREDGING,- ,..°PROJECT (e"5118). [381100 -2013] Approve and execute AmeadLent $Jo. 1 with i�chor QEA for required water quality and field management` ervices f6r Phase II of thy. Lower Bay Dredging Project. 8. AMENDED ANDRSTiTFHL COOPERATIVE AGREEMENT WITH THE FRIENDS OFAOASY5§ {C 3772' }x[38/100 20iyi3 pprove and authorize the Mayor and City Clerk to xecute the Am nded a`a( #;Restated Cooperative Agreement between the City and the Friends a of OASIS.: 10. REQUEST TO INSTALL PRIVATE IMPROVEMENTS WITHIN THE PUBLIC w_� RIGHT -OF�WAY AT 500 EL MODENA AVENUE. [100 -2013] a) Waive City Council Policy L -6 ( Prvate Encroachments in the Public Rights -of -Way, to allow a white picket fence with pilasters',' 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 -2013] 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 XV I. 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)yin 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. ; 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 PCtios, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Td my i Daigle 4 1. MINUTES FOR THE JUNE 25, 2013149( UP ,AR MEETIi [100 -2013] Council Member Henn referenced Item 2 on pagel9 (( ity Insurance Renewals) and requested that his statement be amended to reflect that he favored Opkicn ?2, not Option 1. Motion by CouncrLMembefr' Henn, seconded by Council Member Selich to waive reading of subject minutes, app4 ove as amended, and order filed. s The motion car^ried by the�fo) �wtng,:. ;oll call vote .. ,p Ayes: Coatncil MembeGardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council /AmIlember Selich, Gqr ncil er Henn, Council Member Daigle 5. ADOPT RESOLUTION WO. 2019,46o FOR INCLUSION OF PROPERTIES WITHIN THE CITY'&- $ #URISDICTION� ;N THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENT'S CALIFO* -NIA HERO PROGRAM (C- 5528). 1381100 -20131 Mayor Curry r &used Mmself 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 Consentingto 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 XVII. 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 Tern Hill, Council Member Selich, Council Member Henn, Council Member Daigle Recused: Mayor Curry 9. APPROVAL OF AMENDMENT NO. 5 TO WEST COAST MAINTENANCE SERVICES (C- 2966). [381100 -20131 INC. FOR TREE In response to Council Member Gardner's questions, Mtinicipaln,Operations Director Harmon reported that there are no requirements regarding cleankig or replaea equipment, but that there are strict requirements regarding trimming trees ad performing health analyses of trees. He indicated that staff will make the determinations relative to the removal 6f'trees if it is determined that they are diseased, Council Member Gardne, sugges€ed considering cleaning the equipment in e between tree trimmings._ ,::4: Council Member Henn indicated that the contract I%k grown to be substantial in size and asked, if upon expiration, the matter will be .saubject to a co rt aetitive bid process. Municipal Operations Director Harmon stated that the curt fal,,contract expiresfin December and that staff is preparing the Request for Proposal (RFP) to di i Fiu,W,k so that &lie neew contract will undergo the full competitive process. Jim Mosher believed that it,. would be appropriate. or the tieeepiogram to be reviewed by the Parks, Beaches and RecreationcCo mission. i -_ Amendment No. 5" services at a not to the amendmndut - ^ The %6fion carried by tie following roll call vote: ed by Council Member Selich to approve West Coast Arborists, Inc. for tree trimming authorize the Mayor and City Clerk to execute Member GgrHner, Corigcil Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Selich, Council Membe Henn, Council Member Daigle Jenelle Godges, Local'Public?iAffairs Manager with Southern California Edison, reported that her 4 � colleague, Eddie Marquez, °f¢_as*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 appoint g two members to work with the Harbor Commission to prepare a list of suggestions which will presented to Council at a future meeting. Council Member Petros reported that the Bicycle Master K where the Committee was introduced to the consultant who Bicycle Master Plan. He indicated that the consultant willi individuals to submit comments. Ae Council Member Selich'reported. that-the General PIa"nfL. met on June 26, 2013, and discussed the Coastal Zone 6 resolving discrepancies between where the City believes Commission believes it should be. He added there adjustments to the Coastal Zone boundaries. ,lie :Com chapters of the Implementation Plan and the ii rp attic XIX. CURRENT BUSINESS Without objection, MayooCurry requested considering Item 13. Kre s 14. DIRECTION TO Mayor Pro°Tem Hiliecused himself sight Committee met on July 1, 2013, in charg tof preparing the City's first sting data and encouraged interested al Program Implementation Committee He stated that staff will be working on lanes should be and where the Coastal other opportunities to make further discussed follow -up to administrative iota. Coast into the overall Coastal Plan. the City Council consider Item 14 before A-6-MARINER'S MILE. (100 -20131 owns property within 500 feet of the subject Courici1,Member Pettus reported working with a group of property owners and merchants along Mariners ^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 thee 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 Highy 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 614 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. e Tod Ridgeway, Mariner's Mile Business Association, reported that'lanes through Corona del Mar and Laguna Beach were reduced, and that Huntington Beachwas successful in removing the 19th Street Bridge which puts a greater impact on the citizens. ,He'elieved that there is an opportunity to work within the confines of existing conditions and •esse� Floor Area Ratios (FARs) and parking. He encouraged Council to study the matter an- &commented =on Jan Vandersloot's belief of redesigning what presently exists. ti' Motion by Council Member Petros, secaiAled bv7 Council Member Gardner to direct staff �.,. return to the City Council with an agenda •iterg��regarding the "Mariner's `Mile" area of the community (specifically, West Coast Highway wes 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 thong i riners Mile b) OCTA's role in highway planning thee. c) City's role in planning and maintenance of West Coast�Highway through Mariner's Mile'. 9 /1 , r. d) Existing and future traffic forecasts to show current and;fitture loads of traffic; and direct staff to send corrrpondence to the 'OCTXT to see how'hkely they are to move forward with this. r Council Member afin noted l hat the City h,s been very receptive to the idea of taking over Coast Highway, but pointed `out thAbo.. State will nol give the City any money for the maintenance of the highway Them' ion carried bv'the foul roll call vote: Member Mrdner, (t:` uncil Member Petros, Mayor Curry, Council Member Selich, Member Heap, Counc )Member Daigle Recused: 13. REUSE OF FOR�MR ,CITY HALL COMPLEX - 3300 NEWPORT BOULEVARD AND 475 32ND STREET: UEST 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 -20131 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 specif0hotel parking rate within the City's Zoning Code, but with an actual development through theise Permit or Site Development review process, the parking rate will be established approg iately. Council Member Gardner stressed the importance of considering employee parking. Sri `tip Council Member Petros commented on his experiencw'ivith hotel deve;I4.pments and also expressed concerns regarding parking. He expressed supportyfer acting on a Memorandum of Understanding (MOU) prior to a lease and emphasized that thin 3 "s not project approvdL�,He indicated that the issue of parking is one that he would like to see articula. i ed 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 op'eating partners. He addressed feasibility and design, and listed the groups and organizations he meithHe noted that he has received support from many members of the community and�� �#lsad� that if chose,& they will do a complete parking study, as mandated by staff. He requested' +thiNtouncil suppontestaffs recommendations and move ,.:. forward with the proposal. Bill Shopoff, The Shopof£t; }itup, thanked fire City' for the 60portunity to participate in the process and acknowledged the o er' elming suppertrby the community for a hotel. He stated that his organization remains merest d, believes tl& the apartment project would still have lower impacts to the area, and ind tinted tha# the residentialC6ncept proposed would provide less risk for the City. He stated that, should4egot$tions with R.D. Olson Development not be successful, he would come back to the tab]ev�th Chris.Prche C. Dlltsr on belraIf of Sonnenblick Development, thanked staff and Council for their tiukt and involvement rrZ commepted positively on the organization's proposal. MayoryCurry stated that the City re&,,ived three outstanding proposals and commented positively on their eff"c ;-, including co�unity outreach. He commended staff for doing a great job in evaluating the prop sad, and that" the recommendation for the R.D. Olson proposal is the right recommendatetr;, He ackfowledged that there are issues yet to be solved, but expressed confidence that the proposal will be guccessful 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 Tern 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 fiom 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 pubhc to attend. Jim Mosher referenced approval of the General Plan in 2006 andsj# ressed disappointment that a creative new public use was not considered. He believed that_ehanging the land use designation from public to commercial is not imaginative, the plan violas the 35 -foot height limit on the Peninsula, the consequences of the alternatives have notNbeen a aluated, the City is committing itself to an unproven project for the next 99 years' without doper understanding of the environmental consequences, and the economic analyas was not done using the fiscal impact model required in the General Plan. He expressed eoncern with forming'l, -Awo Council Member negotiating committee, and suggested dispensing witki`Ythe committee a4id4providing direction directly to staff in a public meeting. He took -hWue to working out the details 0'. e lease in Closed Session since there is nothing in the Brown Act t1rhAilows the City to do so. t Sharon Boles, President of the support and endorsement for the Board of Directors, expressed Robert Hawkins, attorney representing '�various"''cozczmunity �.eups, noted that he submitted his comments. He believed that there is ap need for?V ncil- approved resolution which makes appropriate findings and that the State d es not a'l 99- yea€Jeases unless Council makes specific findings. He believes thM there is a projectkbei g considered due to change of land use, a General r 9 Plan Amendment acid excessive height wlrch needs environmental analysis. He referenced circulation of a Mitigated Negative Declaration (MND), and noted that the MND was continued indefinitely. City Attornd'F�Hai�windic`a�ed that - Coun79 iofitinely takes action by motion, not just through resolut }on, and that�bre rs',no prohibition regarding designating parties for negotiations. He addisessed CEQA requit-ements4'and stated that, presently, Council is simply moving the process F�ward, not approving a specific pr ject. He pointed out that there are no terms at present and that ter s- an be subject to negotiation5VHe indicated that there are several ways to obtain a 99 -year lease. Z�, �? Cynthia Kolle )-�\xpressedj her appreciation to Council and staff, and noted that she has been involved with thezproject.$ince 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 Tern 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 Tem 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 Ten Hill, Mayor Curry, Council Member Selich, Council Member Daigle `y !fr Recused: Henn XX. MOTIONS FOR RECONSIDERATION - None XXI. ADJOURNMENT - Adjourned at 8:33 p.m. in memory of the 19 firefight'43^s who passed away in the Yarnell Hill wildfire in Arizona �IN The agenda for the Regular Meeting was postedg,oeauly 3, 2013, at 4:00 jl!& on the City's website; on July 3, 20.13, at 4:00 p.m. on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic' -.enter Drive; and on July 3, 2013, at 4:30 p.m. in the Meeting Agenda Binder locailid. in the entran ce. of the City Council Chambers at 100 x Civic Center Drive. \';��.;,z• -,,. ` Secretary Mayor Volume 61 - Page 230