HomeMy WebLinkAbout09/04/2019 - Special MeetingCITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
September 4, 2019
I. CONVENE IN OPEN SESSION - 4:00 p.m.
II. ROLL CALL
Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
The Invocation was provided by Council Member Herdman and the Pledge of Allegiance was
led by Council Member Muldoon.
III. CURRENT BUSINESS
1. Discussion of Issues Related to People Experiencing Homelessness in the City of Newport
Beach
Mayor Dixon explained that the meeting was called to update the community on the City's efforts
to deal with homelessness, reviewed statistics, reported the City is working on short, medium, and
long term remedies, discussed other public and private agencies the City is collaborating with in
order to address health and safety issues associated with homelessness.
Mayor Pro Tem O'Neill expressed and agreed with how frustrating the homeless issue is for
everyone, reported the City has been working with the Orange County Transportation Authority
(OCTA) relative to the issues at the Transportation Center, suggested people not provide money to
panhandlers but donate to appropriate charities, noted the City needs to move quickly but make
good decisions, explained the purpose and goals of the Homeless Task Force (HTF), and stated that
day-to-day homeless issues should be directed to Council or the Police Department.
City Manager Leung utilized a PowerPoint presentation to emphasize and explain that the homeless
issue is a top priority for the City, discuss legal issues associated with short and long term solutions,
review the City's engagement and enforcement approaches, and display a map and explain the
limitations of various locations. City Attorney Harp reviewed the anti -camping ordinance and
current enforcement restrictions.
Noting that Newport Shores already has affordable housing for veterans in their area, and is located
in the Coastal Zone, Council Member Avery made a motion, seconded by Council Member
Herdman, to permanently remove the property located at 6302 West Coast Highway from
consideration as a temporary homeless shelter location.
Council Member Muldoon thanked everyone for coming, asked that the public forgive staff for
proposing the Pine Knot Motel (6302 West Coast Highway) as a possible homeless shelter location,
and assured everyone that Council is pushing staff to speed up enforcement, clean up the
Transportation Center, and establish a homeless shelter location and rules.
Council Member Herdman emphasized that his priority is the safety and welfare of the people who
live in the City, believed future Councils will establish a budget to assist with this issue, noted the
legal restrictions, agreed the problem needs to be solved in-house, and believed the decision should
be driven by what is best for the community, is less intrusive to neighborhoods and businesses, and
is not too costly.
Mayor Dixon and Council Member Brenner expressed their appreciation for all the communication
received by the residents and for their understanding that the issues are complex and difficult for
the City.
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Without objection, the City Council conducted a straw poll relative to the motion, which
was unanimous.
Judy Cooper discussed the purpose of OC Gateway to Housing, which is located in Corona del Mar,
highlighted their successes with homeless families, and offered their services and assistance to the
City.
Dene Stratton noted that homeless individuals often time have substance abuse issues, expressed
concern with considering 825 West 161h Street due its proximity to Newport Harbor High School,
supported utilizing 4200 Campus Drive, believed creating a solid short term plan may eliminate
homeless issues entirely, and asked how the homeless shelter would function.
George Lesley discussed the makeup of the Newport Shores neighborhood and expressed concern
that more packages may be stolen if a homeless shelter is located in the area.
Joan Steen urged Council to rezone 6302 West Coast Highway so it can be rebuilt into a viable entity
for the community, like a parking structure, and asked how the property got on the list.
Jim Pugh expressed support for the motion, explained why 6302 West Coast Highway is not
conducive for a homeless shelter, and encouraged Council to use this as an opportunity to think
about how to improve the area since it is a gateway into the City.
Brian Long took issue that 6302 West Coast Highway was ever considered for a homeless shelter
location and that the agenda was made public over a holiday weekend, and urged Council to finish
the beautification project on Coast Highway.
Ann Parker asked why 6302 West Coast Highway was placed on the list, took issue that the agenda
was released during a holiday weekend, and believed the 825 West 16th Street location would also
affect residents.
Bran Murphy questioned how 6302 West Coast Highway was placed on the list, asked the City to
assist the owners to rebuild it if it cannot be rezoned, and requested the City give more consideration
to the West Newport community.
The motion carried unanimously.
In response to public comments, City Manager Leung, noted the City needed to move quickly,
reported the properties were considered because there were limited properties available in the City,
and indicated that all the options have negatives.
Mayor Dixon recessed the meeting at 4.44 p.m. and reconvened the meeting at
4.51 p.m. with all members of the City Council in attendance.
Monique Christensen stated she did not want any of her taxes going toward the homeless issue,
believed this is former Governor Brown's fault due to the early release program for inmates, and
suggested finding someplace else to house them.
Peter Salveson believed the solution for the homeless issue in the County is to utilize a joint powers
agreement and discussed Community Choice Aggregation programs pursuant to AB 117.
Bill Ashmore took issue with whomever chose the proposed locations and believed the City should
have already been doing something about the homeless issue, like Costa Mesa.
Diana Hensley, OC Gateway to Housing and Christ Church by the Sea, indicated there are families
that are homeless, relayed her experiences with the homeless, and believed immediacy is missing.
Wende Zomnir, Urban Decay Cosmetics, listed their office locations and discussed concerns for her
female employees and her business if a homeless shelter were placed at 825 West 16th Street.
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Carol Anne Dru believed the City should acquire property under the flight path or in an industrial
area to place the homeless shelter or pads for tents, and give them an opportunity to learn job skills.
John Strauss believed the homeless problem is getting worse, even with more money being spent on
the issue, the homeless need to be taken off the the streets and put into full service facilities that
provide counseling and job training, and suggested that everyone work together to create a number
of large homeless facilities throughout the country, possibly converting military bases and using
public and private efforts.
Gary Whitfield requested that Council remove 825 West 16th Street from consideration due to the
proximity to Carden Hall and Coastline College.
Teresa Hernandez discussed issues at the OCTA Transportation Center and encouraged starting
enforcement as soon as possible, noted Anaheim built their temporary shelter in 60 days and
believed the City could do the same, suggested utilizing the 4200 Campus Drive site for a homeless
shelter, and pointed to Haven for Hope in San Antonio as a model for the permanent shelter.
Police Chief Lewis reported, once the agreement with the OCTA is finalized and the Transportation
Center installs appropriate signage, the Police Department can begin conducting trespassing
enforcement.
Shannon Nelson, Newport Beach Baseball Association Board of Directors, indicated they found drug
paraphernalia in Bonita Canyon Park and Eastbluff Park dugouts, noted the majority of residents
are sympathetic to the homeless, and asked if the City has looked at what San Clemente has done.
Danielle Diestel took issue with the start time for today's meeting, believed the homeless issue is
big business for real estate developers, and expressed concern that the sober living homes in Costa
Mesa are creating the City's issues.
Jeff Dube, General Manager representing the Benihana Restaurant, expressed support for the City's
efforts, but expressed concerns with placing a homeless shelter at 4200 Campus Drive due to the
businesses and hotels in the area, requested the City find other solutions, and indicated, if the site
is selected, the restaurant is prepared to allocate resources to safeguard the surrounding area.
Arthur Greenwood expressed opposition to placing a homeless shelter at 825 West 16th Street due
to the proximity to Carden Hall, Coastline College, and Pacifica Christian High School.
Hoiyin Ip discussed her involvement in a homeless organization, believed people need to know the
other side of the issue, suggested the author of My Way Home provide a lecture at the Library, and
discussed the mural in Costa Mesa in order to raise awareness about homelessness that could be
turned into an insert for placement in the water bills.
Shana Conzelman thanked the HTF and staff, explained why the homeless shelter should operate
as close to the Tustin Temporary Emergency Shelter as possible, and provided a list of the types of
assistance the shelter should offer.
Jan Hollis, Pacific Hotel Management/owner-operator of Hyatt Regency John Wayne Airport
Newport Beach, expressed opposition to utilizing 4200 Campus Drive as a homeless shelter, noted
the amount of Transient Occupancy Tax (TOT) and sales tax hotels produce for the City, and
believed a homeless shelter would have an adverse effect on them.
Nancy Engle Van Otten asked where the homeless will go when enforcement begins at the
Transportation Center and if the City has learned from how the library handled their homeless
issues.
Mo Farha, Board of Directors President of Pelican Ridge Community Association, thanked the City
for evaluating the properties, but believed 825 West 161h Street is not a good location due to the
proximity to Carden Hall.
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Justin West expressed opposition to placing a homeless shelter at 825 West 16th Street due to health
and safety issues, and to protect the children in the area.
Edric Caballero expressed concern with the proximity of Carden Hall to 825 West 161h Street, noted
a lot of redevelopment is occurring in that area, and the City should assist the individuals who want
assistance.
Kyle Paine indicated his company provides affordable housing and developed The Cove in Newport
Shores, and thanked the City for working on the homeless issue.
Gay Vandewalker believed 825 West 16th Street should be removed from consideration since it is a
high density area and close to homes and schools.
Judy Sheppard believed Rhode Island's multi -disciplinary approach is a good model and agreed the
City should provide some type of assistance to the homeless.
David Tanner provided a handout with additional options, like requesting that other cities expand
their facilities and utilizing temporary trailers on vacant lots, and asked that clear definitions be
developed, legal ramifications be considered, and asked what the benefits would be for the City.
Paul Matheis expressed support for a long term, permanent approach, and disagreed with the
public's criticism of staff.
Roger MacGregor indicated he owns the property across from 825 West 16th Street and none of his
tenants are enthusiastic about having a homeless shelter at that location, noted the area is also
residential, and believed a homeless shelter will hurt property values.
Jon Schisler, Starboard Realty Partners, expressed opposition to considering the 4200 Campus
Drive site since his company will be building apartments in the area soon, believed a homeless
shelter would adversely affect the project, and noted the site is not zoned for residential use.
Bill Grabowski expressed concern with placing a homeless shelter at 4200 Campus Drive due to the
close proximity to a busy intersection, pointed out the location is an entryway to the City, and noted
Switzerland does not have a homeless problem.
Lisa Khudic expressed concern with placing a homeless shelter near Carden Hall.
Christy Jones Kalthoff, Executive Director of Carden Hall, believed a homeless shelter should not
be placed near Carden Hall for the safety of children.
Mike Voorhees indicated he owns property on 16th Street and believed 825 16th Street should not be
considered due to the proximity to Vivante, lack of sidewalks, increased residency in the area, and
the cost of building a homeless shelter.
Unidentified speaker believed it is not necessary to have a homeless shelter in Newport Beach and
suggested a homeless community be created in the desert.
Carmen Rawson questioned how a homeless person would prove residency and, if they cannot prove
residency, what the legal options are to remove them from the street.
Ann Parker expressed opposition to considering 825 161h Street and believed the City should partner
with Costa Mesa and utilize its shelter on Airway Avenue as a permanent solution, but still use
4200 Campus Drive as a temporary shelter.
Mary Spadoni believed the City should partner with Costa Mesa to utilize their homeless shelter
and noted that each city should not be trying to solve this problem individually, but should have one
Countywide task force.
Bettina Deininger believed the City should partner with Costa Mesa on a temporary basis while it
works on a long term plan.
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In response to comments, Assistant City Manager Jacobs indicated that the Public Works
Department should be contacted if drug paraphernalia is found on a public facility, City Manager
Leung explained why Library Service Manager Basmaciyan was temporarily assigned to be the
City's Homeless Coordinator, and Homeless Coordinator Basmaciyan discussed the library's efforts
to assist with its homeless problems. Further discussion ensued relative to the City Manager's
ongoing conversations with Costa Mesa for a potential partnership. Mayor Dixon added that the
City is looking for a temporary facility because Costa Mesa's permanent homeless shelter will not
be completed until April 2020, and confirmed the City received a letter from Costa Mesa.
Council Member Muldoon believed the City needs to do a better job in educating the public on its
efforts, discussed legal restrictions all cities are facing, and emphasized that the City is looking for
a location for the homeless shelter to protect the streets from public safety hazards.
In response to Council questions, City Manager Leung discussed various ways to prove residency
and indicated staff is working to improve the City's website, distributed a special edition of the Week
in Review last week that was directed to the homeless issue, and will also be providing more
information via social media.
Council Member Avery pointed out there are no simple solutions to this issue and the City cannot
do it without input from residents and assistance from churches, non-governmental organizations,
and residents.
Mayor Pro Tem O'Neill emphasized that the City Council will not be deciding on a specific property
for a homeless shelter during Closed Session and explained the reason for Closed Session.
IV. PUBLIC COMMENTS - None
City Attorney Harp reported the City Council would adjourn to Closed Session to only discuss
Items IV.A.1 and IV.A.2, as listed in the Closed Session agenda, and read the titles.
The City Council recessed into Closed Session at 6.07p.m.
IV. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (INITIATION OF
NEGOTIATIONS FOR THE LEASE OF REAL PROPERTY FOR A TEMPORARY
HOMELESS SHELTER OR SHELTERS) (Government Code § 54956.8): 3 matter
1. Property Address: 4200 Campus Drive, Newport Beach, California 92660.
Agency Negotiators: Grace K. Leung, City Manager, Seimone Jurjis, Community
Development Department Director and Lauren Whitlinger, Real Property Administrator.
Negotiating Party: Avis Rent A Car Systems, LLC.
Under Negotiation: Price and terms of payment.
2. Property Address: 825 W. 16th Street, Newport Beach, California 92663.
Agency Negotiators: Grace K. Leung, City Manager, Seimone Jurjis, Community
Development Department Director and Lauren Whitlinger, Real Property Administrator.
Negotiating Party: Brent W. Ducoing and Ami L. Ducoing, Trustees, or their successor in
trust, under the Brent and Ami Ducoing Living Trust, August 18, 2000, and any amendments
thereto.
Under Negotiation: Price and terms of payment.
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3. Property Address: 6302 W Coast Highway, Newport Beach, California 92663.
Agency Negotiators: Grace K. Leung, City Manager, Seimone Jurjis, Community
Development Department Director and Lauren Whitlinger, Real Property Administrator.
Negotiating Party: Duane Anthony Wengeler and Jeanie Wengeler, as Trustees for The
Wengeler Family 2018 Trust.
Under Negotiation: Price and terms of payment.
The City Council reconvened at 7.07p.m. with all members of the City Council in attendance.
VI. CLOSED SESSION REPORT
City Attorney Harp reported that Council provided direction to the real property negotiators to negotiate
with the owners and lessees at 4200 Campus Drive. However, Council did not provide direction
regarding the property located at 825 West 16th Street. He stated that, in order for the City's negotiators
to move forward with any type of negotiation, the item would need to be placed on another agenda in
the future.
Without objection, Mayor Dixon requested to re -open Item 1.
III. CURRENT BUSINESS
1. Discussion of Issues Related to People Experiencing Homelessness in the City of Newport
Beach
Mayor Dixon directed City Manager Leung to look at the City's Corporate Yard located at
592 Superior Avenue as a possible site for a temporary homeless shelter and report back to Council
with the feasibility and provide cost comparisons. Further, continue to report back to Council
relative to discussions with other cities about joint partnerships.
Bruce Bartram, Stop Polluting Our Newport (SPON), expressed concern with placing a homeless
shelter at 592 Superior Avenue due to the proximity to Newport Crest and Save Our Selves (SOS),
which could become a magnet for the homeless population.
Without objection, the City Council conducted a straw poll relative to the Mayor's
direction, which was unanimous.
VII. ADJOURNMENT - 7:11 p.m.
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
August 30, 2019, at 11:00 a.m. The amended agenda was posted on the City's website and on
the City Hall electronic bulletin board located in the entrance of the City Council Chambers
at 100 Civic Center Drive on September 3, 2019, at 12:00 p.m.
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
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