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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. Volume 64 - Page 172 City of Newport Beach Special Meeting September 4, 2019 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. Volume 64 - Page 173 City of Newport Beach Special Meeting September 4, 2019 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. Volume 64 - Page 174 City of Newport Beach Special Meeting September 4, 2019 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. Volume 64 - Page 175 City of Newport Beach Special Meeting September 4, 2019 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. Volume 64 - Page 176 City of Newport Beach Special Meeting September 4, 2019 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 } H c��RN�P Volume 64 - Page 177