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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach Study Session and Regular Meeting September 24, 2019 M111 XIV. October 8, 2019 Agenda Item No. 1 Requested a future Closed Session to receive an update on the Newport Aquatic Center matter since she no longer needs to recuse herself on the issue Visited the Groundwater Replenishment System in Fountain Valley with Utilities Director Vukojevic and drank the water; and Costa Mesa's homeless shelter at Lighthouse Church and commended the program Council Member Herdman: • Attended John Wayne Airport (JWA) committee meetings; an Aviation Committee meeting; the Corona del Mar Residents Association meeting; the Newport Beach Chamber of Commerce Government Affairs Committee meeting; and a meeting hosted by Assemblywoman Petrie -Norris, along with Mayor Pro Tem O'Neill and Council Member Brenner • Displayed and discussed the Orange County Mosquito and Vector Control District's Mission Tip N Toss campaign (OCVector.org) • Thanked the Newport Beach Chamber of Commerce for the Fire and Lifeguard Appreciation Dinner • Announced an October 14 Town Hall meeting at the Carroll Beek Community Center to discuss short- term lodging and vacation rentals • Requested to discuss creative ideas for voluntary temporary homeless shelter programs with the Homeless Task Force Mayor Pro Tem O'Neill • Thanked Lincoln Elementary School for hosting an annual blood drive on September 11 • Attended the Newport/Mesa ProLiteracy graduation, along with Mayor Dixon and Council Members Brenner and Herdman; the Homeless Task Force meeting; the Corona del Mar Residents Association meeting; and the Fire and Lifeguard Appreciation Dinner • Announced he will be attending a subcommittee meeting of the San Joaquin Hills Transportation Corridor, and announced the Sandcastle Contest at Corona del Mar State Beach on September 29, the Concert at Marina Park on September 29, and the Newport -Mesa Unified School District State of the Schools breakfast on October 2 Mayor Dixon: • Provided the welcome at the California Coastal Commission meeting on September 11 • Attended a 9/41 event at the American Legion, the Newport/Mesa ProLiteracy graduation, the Fire and Lifeguard Appreciation Dinner, and the dedication and groundbreaking of the Orange Coast College Maritime Training Center • Met with the Library Lecture Hall Committee; and Ca1PERS CEO Marcie Frost to discuss unfunded pension liability and CaIPERS' investment strategy, along with other Association of California Cities — Orange County (ACC -OC) members, City Manager Leung and Finance Director Matusiewicz • Announced the Sandcastle Contest at Corona del Mar State Beach, the 3Td Annual Halloween Spooktacular on October 26 at Grant Howald Park (slide), Art in Park on September 28, and the Concert at Marina Park on September 29 • Requested a future agenda item to possibly place a therapy swimming pool at Lower Castaways Park Evelyn Hart believed a therapy pool is needed in the community. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Brenner commended Jim Mosher for reviewing the minutes. Jim Mosher commended the Community Development Department on Items 4 and 13 for including the application and company rankings, respectively. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES Volume 64 - Page 198 City of Newport Beach Study Session and Regular Meeting September 24, 2019 Motion by Mavor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the Consent Calendar; and noting the recusal by Council Member Muldoon on Item 16; and amendments to Items 1 and 10. The motion carried unanimously. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Brendan Jennings highlighted his experiences visiting Okazaki, Japan, hosting an Okazaki student, and attending the Youth Leadership Summit through the Sister Cities Association, and requested that the City continue support of the program. Resident 47 stated she attended the Orange County Board of Supervisors meeting, discussed AB 919, and requested the City send a letter to the Board of Supervisors requesting their ordinance related to community care facilities and group homes be amended to include R-2 zones. Ryan Reza Farsai discussed his previous legal cases and stated one must be neutral in order to live a life without conflicts. Donna Warw+rick requested the City's assistance with the issues at the Newport Aquatic Center, discussed how it is affecting college opportunities, and asked the City to return the Newport Aquatic Center back to the community. Lauren Ewanick discussed previous harassment she experienced at the Newport Aquatic Center, how she was not allowed to return, and its negative effects on her. Sandra Ayres believed previous council members influence development and requested the City consider restricting retired council members from future lobbying in the City. XVII. PUBLIC HEARING 18. Proposed Temporary Emergency Shelter for Homeless Individuals (the Project) Located at the City Corporate Yard at 592 Superior Avenue (C-8608-1) [38/100-2019] City Manager Leung and Utilities Director Vukojevic utilized a presentation to emphasize that the homeless issue is one of the City's top priorities; provided the background; discussed the September 4, 2019 Special City Council meeting and estimated cost of placing the shelter at the Corporate Yard; displayed the site map and proposed shelter area; reviewed the three shelter options; reported on the shelter models and cost for the shelters in Costa Mesa, Tustin, and Laguna Beach; and noted staff s recommendation to use Costa Mesa or Tustin's model, focusing on temporary use until the homeless individual can get stabilized to move onto a more permanent solution, prioritizing people with ties to the City, having it be a referral -only process with escorted in and out access, and providing onsite security and staffing 24/7. Council Member Muldoon discussed case law and how bed count is determined and shelters are run, noted the City needs a facility in order to enforce certain laws and to protect the residents, emphasized the amount of time Council has spent on this issue, assured that parallel paths are also being considered, reported the City is trying to solve this issue with compassion and within the law, thanked staff and the residents, noted the current Orange County Point In Time count for the City is 64, discussed Police Officer Yim's dedication to homeless outreach in the City, and pointed out that, just because there will be 40 beds available, does not mean the beds will be filled at all times. Council Member Herdman commended Mayor Pro Tem O'Neill, Council Member Brenner, Council Member Avery and the Homeless Task Force members, noted the action is only to develop conceptual plans and a design of the shelter, and reported funding already exists. Volume 64 - Page 202 City of Newport Beach Study Session and Regular Meeting September 24, 2019 Mayor Pro Tem O'Neill reported the City's amicus brief in the Robert Martin u City of Boise case was filed today, the Homeless Task Force is working on long term solutions, and pointed out issues Huntington Beach is facing with their Navigation Centers. Council Member Avery noted the City can only be a part of the solution because the solution involves dedication from everyone, including residents, non-governmental organizations, faith -based organizations, and community members; stated the homeless population can enjoy the same rights as everyone else if they are not bothering anyone; emphasized the need for humanity and compassion; and commended staff and the Police Department. Council Member Brenner discussed the breakdown of the mental health system in the country, thanked the Homeless Task Force members, emphasized Council's dedication to the issue, noted she toured the Lighthouse Church shelter and discussed two success stories, and suggested amending the hours during the day. Mayor Dixon rthanked the Homeless Task Force members, pointed out that this will create a new function for the City and needs to move forward quickly so the City can start enforcing its anti -camping laws, and emphasized the shelter needs to be a good neighbor wherever it is placed. In response to Council questions, City Manager Leung indicated Tustin's model uses referrals from their police department, but indicated the City's model can also utilize referrals from City Net; explained that the differences in annual bed costs for the three models are due to how services are provided and added that Tustin also receives in-kind contributions; the Corporate Yard shelter would probably cost $1.5 million for infrastructure and between $25,000 to $35,000/bed annually, but costs are increasing due to demand on services and security levels; confirmed the City could prohibit walk- in service and loitering, and require background checks; assured the City will incorporate best practices into its shelter from other locations; and confirmed there will be a community outreach process. Community Development Director Jurjis explained the declaration, the purpose of declaring a shelter crisis, and the possibility of requesting funding in the future. Mayor Dixon opened the public hearing. Teresa Hernandez thanked the City for its part in cleaning up the OCTA Transportation Center, expressed support for placing the shelter at the Corporate Yard, requested keeping the shelter cost as low as possible, noted the City has other laws the Police Department can enforce, and expressed support for City Net's assistance, but noted Council is the public's advocate and the residents do not want public places to be host to diseases. Rod Cunha believed the proposed shelter site will not impact Newport Beach, but will impact Costa Mesa and the residents in the condominiums nearby, noted the proximity to Share our Selves (SOS), and believed the individuals who cannot get into the City's shelter will move into Costa Mesa, which will not be fair. Karena Gibbs, Level 1 resident, stated that the neighbors and business owners wrote a letter to the City Council, indicated Level 1 already experiences problems with vandalism, trespassing, and theft, noted they are just as upset as Newport Shores residents were about the Pine Knot Motel being considered for a shelter, believed the 4200 Campus Drive site in the airport area is the best option for a shelter, and expressed concern for the students from Ensign Intermediate School and Newport Harbor High School that bike past the Corporate Yard to get to school. David Tanner expressed support for the item so the City could protect the community, but encouraged continuing to look at alternatives, and noted he submitted possible options. Larry Kugelman expressed support for the item, thanked the Homeless Task Force for their work, and noted the City not only has a legal obligation but a moral obligation to do this. Volume 64 - Page 203 City of Newport Beach Study Session and Regular Meeting September 24, 2019 Lynn Swain suggested putting this out to bid before spending $300,000. Leanne Cohen stated she volunteers at the Costa Mesa, Tustin and Laguna Beach shelters, noted they are all different and provide different services, and believed it would be easier to join Costa Mesa since their shelter is already operational. Tawny Greenbaum noted people already live in campers on 15th Street, expressed concern with the possible influx of homeless, issues with increased trash, and for children safety by placing a shelter at the Corporate Yard, and suggested using the Campus Drive site. Arthur Greenbaum suggested the City pursue using the Campus Drive site, noting the Corporate Yard site is in a residential area and has schools nearby, suggested verifying the homeless individuals have ties to the City, and asked the City to push the State to use the Fairview Developmental Center for a County homeless shelter. Council Member Muldoon indicated that was approved today. Carol Dru proposed allowing tent areas on the Corporate Yard site, questioned who to contact for public defecation, asked what happens if a homeless person does not want assistance, and expressed concern about the cost. Sean Gregory, Ebb Tide resident, believed a shelter at the Corporate Yard site would create an economic hardship for the residents and suggested using the Campus Drive location. Susan Meyer noted the site is very close to the Lighthouse Church shelter; requested the City reconsider utilizing the Corporate Yard, suggested working with Costa Mesa on a joint partnership, and believed the Corporate Yard site would shift impacts to Costa Mesa. Gigi Renick, Ebb Tide resident, took issue with considering placing a shelter at the Corporate Yard and noted no children are generally at shelters but there are already children in the neighborhoods surrounding the Corporate Yard. Jeff Dawson, Ebb Tide resident, expressed opposition to the proposal, suggested using the Campus Drive location, expressed concerns regarding the exemptions the City is proposing, asked about the due process for the surrounding residents and businesses, believed the cost is too high and the City can enforce other laws to assist with the issue, and suggested using the funds on individuals who want assistance rather than on the 64 homeless people in the City. Maritza Rosol, Ebb Tide resident, stated she moved from Costa Mesa to get away from the homeless issue, drug use, and theft, noted her family would not have purchased their home had they known a homeless shelter was going to be placed at the Corporate Yard, believed a shelter would destroy their neighborhood and she would be afraid to walk in her neighborhood, felt their home value would be affected, and asked the City to consider moving the shelter to the Campus Drive site. Bruce Dickson expressed opposition to the proposal, noted the proximity to schools, believed having a shelter at the Corporate Yard would add to the problems in the neighborhood and the residents would become prisoners in their own homes, and suggested placing the shelter by the airport or work with other communities that have existing shelters that are not in a residential community. Alicia Lynskey, Level 1 resident, asked why the City is not considering the Campus Drive site, the definition of temporary, and why the City is asking for input when she feels the decision is already made. Jack Rose, Ebb Tide resident, noted families live 400 feet away from the Corporate Yard, expressed support for using the Lighthouse Church shelter, asked if the perimeter of the Corporate Yard will be patrolled, and expressed concern about the stigma for the community and their property values. Volume 64 - Page 204 City of Newport Beach Study Session and Regular Meeting September 24, 2019 In response to Council questions, Police Chief Lewis and City Manager Leung indicated that there are less homeless people sleeping overnight in parks, noted it is not a crime to be homeless, the City is wanting to enforce its anti -camping laws but they would still only be held for a short period of time, the Police Department is devoting resources to patrolling the OCTA Transportation Center so it does not impact neighborhoods, assured the Corporate Yard neighbors that the Police Department will provide assistance if issues arise, pointed out that SOS has been open for years and they close their gates when not in use, and reemphasized there will be a heightened level of security. Regarding the Campus Drive site, staff indicated negotiations are still ongoing. Further, the City is still speaking with Costa Mesa about joint use of their facility; however, the City will continue to explore the best, economical and effective programs and bring back options to the City Council. Chase Renick, Ebb Tide resident, asked how progress will be monitored and tracked, indicated he needs to see data to substantiate the location, asked how much it will cost for law enforcement to increase its patrol of the area, and expressed opposition to the proposal. Margaret Sharp stated she is glad the City is doing something, but suggested utilizing the Fairview Developmental Center for housing, work programs, and servicesto assist the homeless move up, and believed senior females are afraid to go to shelters. Stephanie, Level 1 resident, expressed concern that the Campus Drive site is not on the agenda, indicated she would support a shelter near her work, rather than her home because she will feel more unsafe in her neighborhood when she is already afraid to walk her dog, took issue that the City's fiscal goal is impacting the surrounding neighborhoods, and expressed concern for children's safety in the area. Ryan Janis, Ebb Tide resident, discussed homeless issues he observed while renting a house on 19th Street and Harbor Boulevard because he was displaced from of his condominium, and indicated he would not feel safe walking his dog or wearing flip flops if a shelter were built at the Corporate Yard because of the drug paraphernalia he has observed on the sidewalks and streets. Michael Caruso, Ebb Tide resident, noted there are hospitals, medical centers, and senior living facilities near the Corporate Yard, expressed concern that Superior Avenue will become a homeless corridor that might not be remedied, suggested considering the Campus Drive site, asked Council to help the residents to not give up on the area when there are other alternatives, and indicated he does not know anything that is temporary. Council Member Avery explained that temporary means that the individuals are there for a short amount of time, but the shelter will be a permanent facility. Mayor Pro Tem O'Neill added it is more of a navigation center with social services to move them onto the best channel for them and indicated that permanent support housing is the long term solution. Unidentified speaker, homeowner in Newport Beach and Costa Mesa, expressed fear that a temporary shelter will become a permanent shelter, took issue that the City's proposal places a shelter right at the border of Costa Mesa, and expressed concern for the residents' property values. Dan Byers stated he owns rental property close to the Corporate Yard, agreed the homeless issue impacts everyone, and believed the Corporate Yard site is a viable solution that puts resources where the homeless are located. Julia Lin stated she drives to work even though she lives close to Hoag Hospital because of her concern for her safety with the many homeless individuals in the area, believed a Corporate Yard shelter would bring more homeless to the area, and requested Council reconsider using the Corporate Yard for a shelter. Bobby Awadalla stated he sees a lot of homeless from his patio, invited Council to visit him, and believed the City would be intensifying the problem by placing a shelter close to the Lighthouse Church shelter. Volume 64 - Page 205 City of Newport Beach Study Session and Regular Meeting September 24, 2019 Substitute motion by Council Member Brenner to refer this to the City Council Ad Hoc Committee on Local Business Advancement. Motion died for lack of a second. Mayor Pro Tem O'Neill believed this has turned into internecine island warfare. He agreed that the spirit behind MAPC is good, but expressed concern that forming MAPC would institutionalize the current atmosphere on Balboa Island when everyone needs to work together. Mayor Dixon noted the genesis was to improve or install storm drains on Marine Avenue, indicated she does not know anyone who does not want to preserve Balboa Island, expressed support for creating new organizations to work with all the other organizations, and wished BIIA would work to incorporate BIPA. She noted that, due to how MAPC is structured, they may not even need to meet. Council Member Avery stated he cannot choose a side and expressed hope this gets mended. With Mayor Pro Tem O'Neill and Council Member Brenner voting no, and Council Member Avery abstaining, t -The motion failed 2-2-1(its a - - ° n•nr ,ii n. ._,_ nyepY1 Motion by Mavor Pro Tem O'Neill, seconded by Council Member Avery, to a) waive the portions of City Council Policy A-1 that does not allow the City Council to introduce an item after 11:00 p.m. and requires discussion to conclude by midnight; b) continue Item 21; and c) consider Item 22. Council Member Muldoon recused himself from voting on the motion due to business interest conflicts related to Item 21. With Council Member Muldoon recusing himself, the motion carried. 21. Fire Station No. 2 Replacement Project - Acceptance of Conceptual Design [100-2019] Pursuant to the previous vote, the item was continued to the October -,�48 2019 City Council meeting. 22. Approval of 2019 Water Rate Study and Setting of Public Hearing for Water Rates [100-2019] Utilities Director Vukojevic reported the presentation is similar to what was displayed at the August 13, 2019 City Council meeting and will be available on the City's website, and discussed the public hearing procedures and public outreach that will occur. Jim Mosher believed City Council Policy A-1 should not have been waived to allow the meeting to continue past 11:00 p.m., proposed a different rate structure using 1,000 gallons rather than 100 cubic feet for water consumption, and proposed a different rate structure regarding fixed and usage rates. In response to Council questions, Utilities Director Vukojevic indicated California mostly uses cubic feet; however, the other rate structure can be looked at in the future. Motion by Mavor Pro Tem O'Neill, seconded by Mavor Dixon, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) approve the 2019 Water Rate Study; c) direct staff to send a notice of proposed water rates to property owners and customers in compliance with Proposition 218 State Law; and d) set the date of November 19, 2019 for the tabulation of protests and conduct a public hearing of proposed rates pending the results of the protest. With Council Member Muldoon voting no, the motion carried 5-1 Volume 64 - Page 211