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)
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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
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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
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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
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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
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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
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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. .
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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
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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.
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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
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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