OF IR  MINUTES  1971  CITY COUNCIL SPECIAL MEETING February 21, 2023 City Council Chamber 1 Civic Center Plaza Irvine, CA92606  CALL TO ORDER  The special meeting of the City Council was called to order at 6:41 p.m. on February 21, 2023, in the City Council Chamber, Irvine Civic Center, 1 Civic Center Plaza, Irvine,  California; Mayor Khan presiding.  ROLL CALL  Present: 5 Councilmember  Larry Agran Mike Carroll Kathleen Treseder Tammy Kim Farrah N. Khan  Councilmember Councilmember Vice Mayor Mayor  Mayor Khan noted additional opportunities to participate in the meeting virtually; and encouraged those providing public comments to be civil, polite, and courteous when In addition, Carl Petersen, City Clerk, provided instructions on how to participate in the meeting; and noted that the e-comment feature had been extended, which allowed members oft the public the ability to submit e-comments on all agenda items, which would be included as part of the official record and uploaded to the City's website.  addressing one another, City staff, and members of the public.    City Council Minutes 1. COUNCIL BUSINESS  February 21, 2023  1.1  AMPHITHEATER STATUS UPDATE - OVERVIEW OF CURRENT DISCUSSIONS WITH LIVE NATION AND REVIEW OF SMALLER LIVE Pete Carmichael, Assistant City Manager, presented the staff report and responded to questions. Steve Torelli, Manager of Great Park Administration & Operations, and representatives from Live Nation, were Prior to City Council discussion, Councilmember Carroll noted the large number ofi individuals who spoke at the February 14 City Council meeting on_t this topic, and asked Mayor Khan to consider consolidating public comments in conformance with City Council Policies & Procedures via a representative from each group, to which Mayor Khan suggested that members of the public who wished to speak be limited to five people in favor of a larger live music venue (Option 1), five people in favor of a smaller live music venue (Option 2), and five people who were neutral on the matter. Both Vice Mayor Kim and Councimember Treseder suggested ACTION: Moved by Mayor Khan, seconded by Councimember Carroll,  MUSIC VENUE OPTIONS AT THE GREATPARK  also available for questions.  that all those who wished to speak be allowed to do SO.  to:  Consolidate public comments limited to five people in favor of a larger live music venue (Option 1), five people in favor of a smaller live music venue (Option 2), and five people who were neutral on  the matter.  Councilmember Agran suggested engaging in one round of City Council deliberations prior to considering public testimony; and Councilmember Carroll noted prior action taken by the City Council on February 14 to continue this item to the February 28 City Council meeting until a special meeting was called by three other members of the City Council. ACTION: A substitute motion was made by Councilmember Agran, seconded by Mayor Khan, and unanimously carried to:  Adopt a procedure for this item to include one round of City Council comments directed at staff and the larger audience, followed by public comments, additional City Council discussion,  and a vote on the matter.  Prepared! by the City Clerk's Office  2    City Council Minutes  February 21, 2023  City Council discussion included: inquiring about why the subcommittee had not reviewed the redlined version by Live Nation of the Design, Construction, and Operation Agreement (DCOA) that was previously approved by the City Council; inquired about why the City Council was not informed about concerns related to negotiations with Live Nation; questioned the process of hiring a consultant to review a smaller venue; expressed concern about changes to certain features and costs associated with a smaller venue without community input; inquired about when staff responded to the redlined DCOA by Live Nation; questioned the open venue concept; inquired about who typically operates these types of venues; questioned whether venue operators could ensure fair hiring practices, including wages, local hire, and union workers; inquired about whether Patrick Strader (Starpointe Ventures) was involved in any discussions related to the amphitheater; inquired about whether certain amenities would still be included with a smaller venue; noted concerns about a larger and open venue related to noise issues by local residents; noted the fiduciary responsibility to Irvine residents; inquired about parking accommodations for both the larger and smaller venue and whether Live Nation would bear associated costs related to a larger venue; expressed concern about ingress/egress and related air pollution; noted potential noise and traffic concerns, noted the need for additional time to review the redlined DCOA; noted prior action taken by the City Council on September 27, 2022; noted proposed sound/noise mitigation measures; and noted the The following individuals spoke in support of a larger venue (Option 1):  prior history of Irvine Meadows and its closure.  Austin Lynch, Unite Here Local 11 Bret Gallagher, Live Nation David Codiga, Live Nation Kristin Gruttadauia James Parris Ana Vega, Irvine resident Wing Lam (via video) John Hernandez (via video) Casey Roryer, Orange County resident Tommy Lee (via video) Raquel Figlo Rick Allen (via video) Jeff Holmes, Orange County resident Dave Elefson (via video) Larry Morgia, Irvine resident Ruth Bruno, Irvine resident  John Hanna, Southern California Regional Carpenters Andy Kinnon, Stage Manager, FivePoint Amphitheater  Prepared byt the City Clerk's Office  3    City Council Minutes  February 21,2023  Crazy Tomes Brad Marlowe, Local 504 Martin Rabe, Local 504 Jarrad Hirschman, Irvine resident Byron Brainard Joel Block, Orange County resident Shane Hirschman Daniel Barba Rob Britton, NPO Group Dave Earick, Local 504 Marc Boyle, Local 504 Gregory Cervantes, Local 504 O'Niel Pavia, Orange County Labor Federation Ada Briseno, Unite Here Local 11  Sam Bowers Jose Gonzalez Carmen Aragon Rick Cutler, Local 504 Elena Hernandez Jim Parker Scott Baca Bill Fagin Marlene Bronson, Irvine resident David Lingerfelt, Irvine resident Florice Hoffman Maricela Gomez JCF Rosales Debora Kreimer, Irvine resident Parissa, Irvine resident Scott, Orange County resident  Senorina Estrada, Unite Here Local 11 Betzabe Martinez, Unite Here Local 11  The following individuals spoke in support of a smaller venue (Option 2):  Sheldon Duncan, Irvine resident Andrew Franceschini, Irvine resident Raj Bhatia, Irvine resident Alan Meyerson, Irvine resident Gill Nelsen, Irvine resident John Loper, Irvine resident EdN McNew, Irvine resident Harvey Liss, Irvine resident Camiar Ojadi, Irvine resident  Prepared! by the City Clerk's Office  4    City Council Minutes  February 21, 2023  Daniel Hsu, Irvine resident Tom Chomyn, Irvine resident Jeremy Ficarola, Irvine resident Steve Berger, Irvine resident Doug Elliott, Irvine resident Ruth Anderson, Irvine resident Melisa Masri, Irvine resident Kian Falah Dee Fox, Irvine resident Don Geller, Irvine resident Suparna, Irvine resident Kris, Irvine resident Tiffany Im, Irvine resident Max Wang, Irvine resident Rus Phanvong  Robert Ruiz, Irvine resident, spoke in support of the Los Angeles Orange County Building and Construction Trades Council and the carpenters for Susan Sayre, Irvine resident, spoke in opposition to the short notice on the special meeting; in support of Commssion/Commitee review prior to City Carlos Juarez, Glendale resident, spoke in support of safety measures for John Forsythe, Pacific Symphony, spoke in support of an expanded season Eric Nashanian, Irvine resident, spoke in opposition to Option 2. Jane Roschmann, Irvine resident, spoke in opposition to Live Nation as the Opshawn Tupleez, Irvine resident, spoke in opposition to an amphitheater Additional City Council discussion included: noting the need for creative revenue streams; inquired about potential compromises for community shows and noise mitigation; questioned whether Live Nation was negotiating in good faith; expressed concern about additional funding sought by Live Nation; discussed certain proposed changes to provisions in the redlined DCOA; inquired about attracting certain levels of talent and the variety of acts between a smaller and larger venue; suggested further analysis of the redlined DCOA by legal counsel; questioned the City's  either option.  Council review; and in opposition to Option 1.  either Option 1 or2.  and partnership with the venue operator.  venue operator. at Great Park.  Prepared byt the City Clerk's Office  5    City Council Minutes  February 21,2 2023  overall financial responsibility; inquired about whether additional negotiations would ensue if Option 1 was adopted by the City Council; questioned whether a construction firm would be hired prior to venue design; inquired about the RFP selection process for a construction contractor; expressed concern that this item had not been vetted through the appropriate Commissions and Committees; expressed concern about the potential impacts on quality of life for nearby Irvine residents and the need tol balance and protect those interests; suggested ensuring community based programming; inquired about the current seating at FivePoint Amphitheater, whetherLive Nation included the costs furniture, fixtures, and equipment (FF&E) in the requested $20 million; noted the challenges faced by labor union workers to live in Irvine based on affordability; suggested Full control by the City to mitigate sound and traffic concerns; referenced an investigation by the Department of Justice of Live Nation of its practices; and suggested a compromise of 10-13,000 seats including lawn and ACTION: Moved by Councimember Carroll, seconded by Mayor Khan,  bleacher seating.  to:  1) Proceed with Option 1, and continue negotiations with joint 2) Direct the City Manager to finalize the plans and the selection of a contractor, with a construction contract to come before the City Council no later than May 10, 2023, built with a construction contract that includes the Los Angeles Orange County Building Trades and Construction Council and the carpenters.  venture partner, Live Nation.  ACTION: A substitute motion was made by Councimember Agran,  seconded by Councimember Treseder, to:  Reject Option 1, and pursue Option 2 as as scaled down amphitheater consisting of4 4,5001 to 8,000 seats, which would provide fori increased City operational control, mitigation of community impacts, and prioritized integration of the amphitheater facility into Great Park.  Prepared byt the City Clerk's Office  6    City Council Minutes  February 21,2023  ACTION: A second substitute motion was made by Vice Mayor Kim,  seconded by Councilmember Agran, to:  1) Pursue an 8,000 seat amphitheater project at Great Park based 2) Direct the Amphitheater Subcommittee to work with staff within the next 60 days to engage Live Nation in the process of designing and operating the proposed amphitheater project at Great Park with the ability for additional promoters outside ofLive Nation to book acts in the amphitheater, and plans to mitigate  on the concept plans identified in Option 2.  noise issues.  ACTION: A friendly amendment to the second substitute motion was  made by Mayor Khan to:  1) Pursue Option 1 while addressing the needs from residents, and negotiate to the point that the City Council and residents 2) Direct the Amphitheater Subcommittee to work with staff within the next 60 days to engage Live Nation in the process of designing and operating the proposed amphitheater project at Great Park with the ability for additional promoters outside ofLive Nation to book acts in the amphitheater, and plans to mitigate  are satisfied.  noise issues.  The friendly amendment was not accepted by Vice Mayor Kim. ACTION: An amendment to the second substitute motion was made by Vice Mayor Kim, and accepted by Councimember Agran as the seconder,  to:  1) Pursue an 8,000 seat amphitheater project at Great Park based 2) Direct the Amphitheater Subcommittee to work with staff within the next 60 days to engage Live Nation in the process of designing and operating the proposed amphitheater project at Great Park with the ability for additional promoters outside ofLive Nation to book acts in the amphitheater, and plans to mitigate noise issues that includes an in-house speaker sound system.  on the concept plans identified in Option 2.  Prepared by the City Clerk's Office  7    City Council Minutes  February 21,2023  The motion failed as follows:  AYES: NOES:  2 COUNCILMEMBERS: Agran and Kim 3 COUNCILMEMBERS: Carroll, Treseder,  and Khan  ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCIL-MEMBERS: None  Following the vote on the second substitute motion, a vote was taken on the ACTION: A substitute motion was made by Councimember Agran,  first substitute motion.  seconded by Councimember Treseder, to:  Reject Option 1, and pursue Option 2 as a scaled down amphitheater consisting of6,0001 to 8,000 seats, which would provide fori increased City operational control, mitigation of community impacts, and prioritized integration of the amphitheater facility into Great Park.  The motion failed as follows:  AYES: NOES: ABSENT:  2 COUNCILMEMBERS: Agran  and  Treseder Khan  3 COUNCILMEMBERS: Carroll, Kim, and  0 COUNCILMEMBERS: None  ABSTAIN: 0 COUNCILMEMBERS: None  Following the vote on the first substitute motion, a vote was taken on the  main motion.  Prepared by the City Clerk's Office  8    City Council Minutes  February 21. 2023  ACTION: Moved by Councilmember Carroll, seconded by Mayor  Khan, to:  1) Proceed with Option 1, and continue negotiations with joint 2) Direct the City Manager to finalize the plans and the selection ofa contractor, with a construction contract to come before the City Council no later than May 10, 2023, built with a construction contract that includes the Los Angeles Orange County Building Trades and Construction Council and the carpenters.  venture partner, Live Nation.  The motion carried as follows:  AYES: NOES:  3 COUNCILMEMBERS: Carroll, Kim, and 2 COUNCILMEMBERS: Agran and Treseder  Khan  ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None  RECESS  Mayor Khan recessed the City Council meeting at 12:02 a.m. RECONVENE TO THE CITY COUNCIL MEETING Mayor Khan reconvened the City Council meeting at 12:20 a.m.  1. COUNCIL BUSINESS (CONTINUED)  1.2  CONSIDERATION OF A REQUEST BY VICE MAYOR KIM TO ESTABLISH AN INDEPENDENT DISTRICTING ADVISORY This item was agendized at the request of Vice Mayor Kim, who asked for City Council consideration of an independent districting advisory commission. Dr. Justin Levitt and Dr. Doug Johnson from National Demographics Corporation (NDC) were also available for questions. The following individuals spoke in support of an independent districting  COMMISSION  advisory commission:  Victor Villadares, OC Action Kayla Asato  Prepared byt the City Clerk's Office  9    City Council Minutes  February 21,2 2023  The following individuals spoke in opposition to an independent districting  advisory commission as proposed: Susan Sayre, Irvine resident Alan Meyerson, Irvine resident Gill Nelsen, Irvine resident Harvey Liss, Irvine resident Eric Nashanian, Irvine resident Carolyn Inmon, Irvine resident Melisa Masri, Irvine resident  City Council discussion included: summarizing the actions taken at the February 7, 2023, meeting of the Council Expansion/Dstnicting Subcommittee; expressed concern about City Council oversight of the proposed advisory committee, and suggested a fully independent committee to maintain public trust; inquired about options for the May 2024 and November 2024 elections; inquired about whether public hearings would be integrated with City Council meetings; suggested that two final maps from the proposed advisory commission would be put before the City Council for a final selection; inquired about whether al ballot measure would consist of two separate questions or be consolidated into a unified measure; questioned who would have the ability to create proposed district maps; inquired about whether more than the required two public hearings could be held; questioned the selection process for commissioners; and inquired about Orange County Registrar of Voters deadlines. ACTION: Moved by Councilmember Carroll, seconded by  Councilmember Agran, to:  1) Move forward with ranstuoningmerging what occurred at the February 7, 2023, Council Expansion/Districting Subcommittee meeting back to the City Council, and thereby dissolve the Council Expansion/Districting Subcommittee. 2) Direct the City Manager to continue working with National Demographics Corporation (NDC) and the City Attorney. 3) Direct staff to return to the City Council within ten (10) days with the preparation of a plan and a timeline of the measures that are anticipated for the March 2024 Election that would expand the City Council to seven (7) members consisting of a Mayor elected at large, and six (6) Councilmembers elected in respective geographic districts as part of a fully transparent process that includes multiple public hearings, organized and publicized, to encourage direct citizen participation in the entire process, with the first public hearing taking place at the April  11, 2023, City Council meeting.  Prepared byt the City Clerk's Office  10    City Council Minutes  February 21, 2023  ACTION: As substitute motion was made by Vice Mayor Kim, seconded  by Counci/member Treseder, to:  Establish and independent districting commission consisting of 13 members who will be free of City Councimember control in the manner set forth in the draft resolution titled - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALFIORNIA, ESTABLISHING AN INDEPENDENT DISTRICT ADVISORY Prior to a vote on the substitute motion, Councimember Treseder called for ACTION: Moved by Councilmember Treseder, seconded by Vice  COMMISSION  the previous question.  Mayor Kim, and unanimously carried to:  Call the previous question and close debate.  Following close of debate, a vote was taken on the substitute motion. ACTION: As substitute motion was made by Vice Mayor Kim, seconded  by Councilmember Treseder, to:  Establish and independent districting commission consisting of 13 members who will be free of City Councimember control in the manner set forth in the draft resolution titled - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALFIORNIA, ESTABLISHING AN INDEPENDENT DISTRICT ADVISORY  COMMISSION The motion failed as follows:  AYES: NOES: ABSENT:  2 COUNCILMEMBERS: Kim and Treseder 3 COUNCILMEMBERS: Agran, Carroll, and  Khan  0 COUNCILMEMBERS: None  ABSTAIN: 0 COUNCILMEMBERS: None  Following the vote on the substitute motion, a vote was taken on the main  motion.  Prepared by the City Clerk's Office  11    City Council Minutes  February 21, 2023  ACTION: Moved by Councilmember Carroll, seconded by  Councilmember Agran, to:  1) Move forward with transtioning/merging what occurred at the February 7, 2023, Council Expansion/Districting Subcommittee meeting back to the City Council, and thereby dissolve the Council Expansion/Districting Subcommittee. 2) Direct the City Manager to continue working with National Demographics Corporation (NDC) and the City Attorney. 3) Direct staff to return to the City Council within ten (10) days with the preparation of a plan and a timeline of the measures that are anticipated for the March 2024 Election that would expand the City Council to seven (7) members consisting of a Mayor elected at large, and six (6) Councilmembers elected in respective geographic districts as part of a fully transparent process that includes multiple public hearings, organized and publicized, to encourage direct citizen participation int the entire process, with the first public hearing taking place at the April  11,2023, City Council meeting.  The motion carried as follows:  AYES: NOES:  3 COUNCILMEMBERS: Agran, Carroll, and 2 COUNCIL.MEMBERS: Kim and Treseder  Khan  ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None  ADJOURNMENT  Moved by Vice Mayor Kim, seconded by Councilmember Carroll, and unanimously  carried to adjourn the special City Council meeting at 1:12 a.m.  CITY IRVINE OF  E MAYOR,  Careks CITY CLERK OF THE CITY OF IRVINE  March 28, 2023  Prepared! by the City Clerk's Office  12