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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach September 10, 2024 August 27, 2024 Agenda Item No. 1 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; and b) Approve the City's response to the 2023-2024 Orange County Grand Jury report, "E-Bikes: Friend or Foe," and authorize the Mayor to submit the letter to the Presiding Judge of the Superior Court. Motion by Mayor Pro Tern Stapleton, seconded by Councilmember Blom, to approve the Consent Calendar, except for the item removed (Item 12); and noting the amendments to Item 1, the recusal by Councilmember Blom to Item 8, and the amendment to Exhibit C in Item 13. The motion carried unanimously. XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 12. Professional Services Agreement with EPD Solutions for Environmental Services for the Proposed Surf Farm Project at 3100 Irvine Avenue (PA21k0069) (C-9713-1) Councilmember Weigand clarified for the public that the item is for the consultant to complete an Environmental Impact Report (EIR) analysis on the impacts the project would have on the community. He stated that the public will have opportunities for input, the project would need to be heard by the Planning Commission, eventually binsid red by Council, and added that the EIR will be paid for by the applicant. At Mayor O'Neill's request, Assistant City Manager Jurjis and Senior Planner Perez discussed the process and timeframe to approve an application project. f Bill Gremaski Grabowski expressed his dissatisfaction with and opposition to the proposed surf park and asked to not approve the project. Motion by Councilmember WeigaIdsewconded by Councilmember Avery, 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; and b) authorize the Mayor and City Clerk to execute a Professional Services Agreement with Environment Planning Development Solutions, Inc. for EIR Related to Proposed Surf Farm Project in an amount not to exceed $277,630 in a form substantially similar to the agreement attached to this staff report. The motion carrie%nanimously. XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Adam Leverenz utilized a slide to discuss Burnham USA Equities and suggested there may be a potential conflict since Councilmember Blom is renting property from a trustee and CEO of one of their entities. He asked for reconsideration of a previously approved item to create a higher level of trust. Mayor O'Neill noted that the City Attorney indicated there is no conflict of note. XVIII. PUBLIC HEARINGS 22.Ordinance No. 2024-18 and Resolution Nos. 2024-62 and 2024-63: Approving the Residences at 1600 Dove Street Project, and Resolution No. 2024-64: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2022-0297) (C-9225-2) Mayor O'Neill and Mayor Pro Tem Stapleton recused themselves due to their membership in the Pacific Club which is in close proximity to the project. Volume 66 - Page 159 City of Newport Beach August 27, 2024 Reimbursing the Cost of Acquisition, Construction, Installation, Equipping and Furnishing of Educational Facilities and Other Matters Relating Thereto Herein Specified. The motion carried unanimously. XIX. CURRENT BUSINESS 24. Homeless Outreach Services Biannual Update (C-8778-2) Police Chief Cartwright, Deputy Police Chief Aguilar, and City Attorney Harp utilized a presentation to review homeless data, proposed changes, service review, proposed staffing enhancements, and reviewed the Be Well OC agreement. City Manager Leung noted the progress that has occurred over time on this matter, the reduced Point -in -Time count, and a continued prioritization for further improvement. Police Chief Cartwright stated that the Quality -of -Life Team consist of four officers who will only focus on this matter. Ruth Kobayashi expressed concern for disorder and compromised safety, proposed a more assertive strategy, shift in resources, increased enforcement, and an increased focus on street exits. She urged Council to replace the Be Well contract anddonsider the impact of the Orange County Transportation Authority (OCTA) Transportation V in the long-term public safety strategy. Mario Marovic relayed his daily experience with homeless individuals around his businesses, police department calls, and believed there has been an exponential increase in homelessness in the last 30 days. r John Palmer, a local business owner, urged Council to address the matter expeditiously. He noted personal encounters with homeless individuals and weapons. John Scholtz voiced his support for the Supreme Court's ruling to give cities the authority to enforce no camping ordinances and suggested partnering with other cities, counties, and nongovernmental organizations to build a regional center. Pamela Murray read an email from a frequent guest regarding her experiences with the homeless population. She noted many similar encounters this year including drug use and that the only thing that has helped is tl-e police presence. Pamela Peterson relalFed phone calls she has made to the police, noted uncomfortable experiences with homeless individuals in Veterans Park over the last couple of days, and expressed her personal frustration. Jim Mosher inquired about the ratio of Be Well r- pF s rtati • s calls helping the general Newport Beach population to the homeless population and asked if if -the ordinance makes it legal to allows people to sleep on the grass during the day and move at night or if it is prohibited by another law. An unidentified speaker stated he knows firsthand the daily and nightly problems with the public restroom next to Marina Park, supported all the previous speakers, and asked the City to continue addressing the matter. Adam Leverenz stated he has witnessed a lot of what other speakers have shared, was assaulted in Costa Mesa by a homeless individual, noted the current enforcement policy and believed that more laws probably will not have the desired effect, and encouraged Council to keep thinking about more solutions. Volume 66 - Page 161 City of Newport Beach August 27, 2024 Jennifer Hoff encouraged Council to take a zero -tolerance approach for any vagrancies, dig into the core values of programs, get involved with family groups who are advocates, and consider a triage system. Mayor O'Neill asked Ms. Hoff to reach out to the Homeless Subcommittee to share her comments. Tom Porter concurred with the previous speakers and asked Council to come up with solutions to deal with this problem and do everything possible. Jamie Woodworth shared his experiences with the homeless population, calls to the police, problems at 15th Street, and security camera surveillance at his home. He expressed concern for an increase in the homeless population with nearby cities clearing out homeless individuals and looked to Council for solutions. Kate Marovic shared an experience with a homeless individual she witnessed in Corona del Mar and expressed concern for her safety while being out with her friends and without an adult. Councilmember Kleiman expressed her appreciation for reducing the Point -in -Time count, acknowledged City staff for their support, noted the impacts on the City due to the growing homeless population, relayed that the proposed ordinance restores local authority, supported the municipal code changes, summarized the homeless population data, relayed the amendments to the Be Well scope and contract terms in anticipation of a changO in the legal landscape, outlined mental health tax -funded resources, and stated that she does not support extending the contract with Be Well. Mayor Pro Tem Stapleton thanked the community for their attendance and comments, acknowledged the homelessness issues, thought this is a step in the right direction, thanked everyone involved and their efforts, and fsupported the creation of the Quality -of -Life team, partnering in a mental health solution, andthis new model. He announced that this matter is a top priority for the City and the community s voice has been heard. Councilmember Grant thanked staff for tgif six-month report and the work being done to address homelessness, expressed disappointment in the county -wide homelessness statistics, noted that there is not effective leadership for a regional solution, and emphasized the need for an immediate solution. She supported the police department's efforts, pointed out that the City is being proactive, noted that some individuals choose to remain on the streets, believed the City needs a paradigm shift, and noted the continuation of the Bridge Shelter and that all of the City's resources must work to achieve the established Council policy. She supported the police department and an alternative policing regiment, allocating resources to -for the new team, focusing on quality of life and street exits, and beginning i house prosecution. She did not view Be Well as an effective partner and recommended reallocaing the funds to police department resources. Councilmember Avery noted this issue is his number one disappointment, the importance of public input, and the City needs to redouble its efforts and quickly. Councilmember Blom thanked Councilmember Kleiman for her energy and dedication on the matter; and expressed support for all of the police department's efforts to keep Newport safe, happy, and clean. Mayor O'Neill noted models that do not work, the negative effects on homelessness and crime being a neighboring community to the County of Los Angeles, and settlement agreements signed by other cities that limited responsiveness. He stated that Newport Beach joined briefs for Supreme Court review, was one of the only cities to ask the Supreme Court to review the original Boise case, and joined the amicus brief out of Grants Pass. He emphasized the importance of maintaining local control and that tonight's decision is a good step in doing better. Motion by Councilmember Kleiman, seconded by Mayor O'Neill, 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 Volume 66 - Page 162