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HomeMy WebLinkAbout09/24/2019 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting September 24, 2019 I. ROLL CALL - 4:00 p.m. Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Jeff Herdman, Council Member Kevin Muldoon (arrived at 4:07 p.m.) Excused: Council Member Duffy Duffield II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. Nonconforming Commercial Signs Community Services Director Jurjis reported design standards were changed in 2005. Deputy Community Development Director Campbell utilized a presentation to discuss nonconforming signs, display conforming and nonconforming signs, highlight the current provision to remove nonconforming signs by October 2020, discuss policy guideline options and next steps, and reported staff is recommending extending the abatement period five years. In response to Council questions, Deputy Community Development Director Campbell discussed the Heritage Sign program that could be used for iconic signs, explained the permitting process, reported on how code enforcement is generally initiated, assured that more outreach will be conducted prior to compliance enforcement, and indicated an extension would require a change to the Newport Beach Municipal Code. Mayor Pro Tem O'Neill expressed support for extending the time period for compliance. Council Member Avery agreed, but noted businesses need to comply with sign regulations. Council Member Brenner suggested involving the Chamber of Commerce in the process. Mayor Dixon recommended including a reminder about the sign regulations in the business license renewal information, and proposed either a three or five year extension when the item comes back to Council. Jim Mosher noted the City is supposed to keep a list of Heritage Signs, suggested other iconic signs that could be considered as possible Heritage Signs, and believed outreach is also needed since many business owners do not know about the Heritage Sign program. Without objection, a straw vote was taken to determine if the abatement period extension should be brought back to Council for either three or five years. The straw vote was unanimous. SS3. Neighborhood Circulator Discussion Council Member Herdman recused himself due to real property interest conflicts. Without objection, Mayor Dixon recessed the meeting at 4.33 p.m. and reconvened the meeting at 4.35 p.m. Public Works Director Webb and Principal Civil Engineer Sommers utilized a presentation to discuss neighborhood circulators; provide a 2019 Balboa Peninsula Trolley update and ridership comparison to last year; highlight on -demand circulator concept examples; possible Balboa Island and Corona del Mar concepts; the potential service area, electric vehicle routes, cost estimates, and funding sources; and next steps. Volume 64 - Page 194 City of Newport Beach Study Session and Regular Meeting September 24, 2019 Mayor Dixon suggested analyzing the circulator concept on the Peninsula that was operational a year before the trolley, including pick-up delays and its financing model using advertising. Mayor Pro Tem O'Neill noted the Orange County Transportation Authority (OCTA) reduced the number of buses being used and began utilizing subsidized Lyft rides, and recommended also looking into that model instead of investing into a new program. Council Member Avery suggested that the Chamber of Commerce and the merchants contribute to this, believed charging a minimal amount to use the program is not unreasonable, and expressed support for having a circulator program in Corona del Mar and Balboa Island. Council Member Brenner believed charging a low fare is fair, this concept fits with what Visit Newport Beach is supposed to be doing to benefit City businesses, noted a trolley ran from the OASIS Senior Center to the Peninsula and Balboa Island in the 1980s, and believed people would use the program rather than Uber if it could be used routinely. Mayor Dixon noted a trial period is needed. Council Member Muldoon discussed the importance of synchronizing the traffic lights and noted he does not support the program. John Noyes, Balboa Island Marketing, Inc. (BIMI), stated they brought this forward with the help of Newport Beach and Company, indicated they could provide some funding to test this option, discussed why people on Balboa Island would utilize the program, and suggested hotels could also utilize the program to transport their guests. Jack Callahan, Balboa Island Improvement Association (BIIA), agreed with Mr. Noyes, discussed parking issues on Balboa Island, indicated they would also like to work with The Irvine Company and all potential users, and stated BIIA is also willing to contribute funds to the program since it could assist with traffic and parking issues and supports Balboa Island businesses. Doug McClain, Newport Beach and Company, explained how the idea developed, indicated The Irvine Company provided details about their Free Rides Around Newport Center (FRANC) program, and stated they would love to find creative solutions for funding the program. Public Works Director Webb reported that $25,000 is needed to conduct the study, staff will look at other city programs and possibly a ridership fee, and they will try to partner with The Irvine Company to run one program instead of having multiple programs in the City. Mayor Pro Tem O'Neill believed the feasibility study should be privately funded since this is a private request. Mr. Noyes and Mr. Callahan indicated their associations could fund the study. SS4. Southern California Edison's (SCE) Wildfire Mitigation Plan and Public Safety Power Shutoff Council Member Muldoon recused himself out of an abundance of caution due to business interest conflicts. James Peterson, SCE Government Relations Manager, utilized a presentation to discuss California's wildfire risk, display a Local Community High Fire Risk Area (HFRA) map which includes 4 of the 52 City circuits, State legislative and regulatory actions, the scope and objective of SCE's SB 901 Wildfire Mitigation Plan, highlighted infrastructure changes, the Enhanced Overhead Inspections (EOI), situational awareness capabilities, wildfire HD cameras, 850 weather stations, vegetation management, reasons for Public Safety Power Shutoffs (PSPS) and its ideal timeline, the notification process (sce.com/psps), and useful website links. Volume 64 - Page 195 City of Newport Beach Study Session and Regular Meeting September 24, 2019 In response to Council questions, Mr. Peterson stated the PSPS is not a new process, but it is a rare process and has only been used more often due to legislation; noted the hardening of equipment and the covering of the conductor are new processes; discussed undergrounding and the benefits of the EOI; reported the California Public Utilities Commission (CPUC) and California Department of Forestry and Fire Protection (CAL FIRE) define HFRAs and recommended contacting them regarding Buck Gully's status; and noted he can speak with the City's Fire Department and Public Works Department about a plan for congested neighborhoods with overhead lines. Noting the size and scope of work SCE handles, Mayor Dixon and Council Member Avery commended SCE for their efforts and outreach. David Tanner thanked SCE for updating the public on their efforts, expressed concerns with temporary power loss, and recommended the City identify its most critical services and develop a program with SCE to ensure short-term power to these services by utilizing energy storage facilities that could also be used to balance energy demands during peak periods. City Manager Leung reported the Emergency Council can have a discussion about how the City will respond if it lost power during a major disaster and indicated the City is planning to have a Town Hall regarding emergency preparedness and disaster planning, in which a SCE representative can participate. III. PUBLIC COMMENTS Monique Christensen stated President Trump indicated at a dinner she attended that the homeless issue will be addressed at the Federal level, discussed how Proposition 47 caused the homeless issue, believed there is State funding to assist individuals living on the street who are suffering from mental illness and drug addiction, and suggested the City attempt to obtain those funds. Lindah Miles, Outreach Director of Lighthouse Church of Costa Mesa Church of the Nazarene, noted Costa Mesa has a shelter at their facility that Newport Beach should utilize, commended Costa Mesa's program, and suggested the City Council tour the facility. Ian Stevenson, Executive Director of Trellis, discussed Trellis and the success of Costa Mesa's model for their shelter, believed Costa Mesa and Newport Beach have the opportunity to have a collective impact on the homeless issue, and indicated the City may receive push -back from Costa Mesa residents regarding the 592 Superior Avenue (Corporate Yard) shelter proposal. Pastor Phil Eyskens, Lighthouse Church of Costa Mesa Church of the Nazarene, noted Costa Mesa partnered with the faith -based community and Mercy House, recommended Costa Mesa and Newport Beach collaborate their efforts, and believed it would be a good model for Orange County and California. In response to Mayor Pro Tem O'Neill's question, Pastor Eyskens indicated the City would.need to work with Costa Mesa in order to utilize the Lighthouse Church shelter. Patrick Devusser noted that the homeless population travel between Costa Mesa and Newport Beach and utilize services from both cities, commended the Costa Mesa shelter facility, and suggested the two cities combine its efforts. Shawn Davidson encouraged the City to consider partnering with Costa Mesa since the process is already effective. Isabelle, Trellis, believed the Costa Mesa shelter works well and should be expanded with Newport Beach since the homeless population travel between both cities and the Corporate Yard is very close to the Lighthouse Church shelter. John Begin, Homelessness Initiative Director of Trellis, asked the City to not recreate the wheel and work with Costa Mesa, and offered Trellis' help. Volume 64 - Page 196 City of Newport Beach Study Session and Regular Meeting September 24, 2019 City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the item listed in the Closed Session agenda and read the title. IV. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (INITIATION OF NEGOTIATIONS FOR THE LEASE OF REAL PROPERTY FOR A TEMPORARY HOMELESS SHELTER) (Government Code § 54956.8): 1 matter Property: 3175 Airway Avenue, Costa Mesa, CA 92627 (APN 427-091-12) Agency Negotiator: Grace K. Leung, City Manager Seimone Jurjis, Community Development Department Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: City of Costa Mesa Under Negotiation: Price and terms of payment. V. RECESSED — 5:35 p.m. VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Jeff Herdman, Council Member Kevin Muldoon Excused: Council Member Duffy Duffield VIII. CLOSED SESSION REPORT City Attorney Harp announced that Newport Beach and Costa Mesa have been in negotiations for the City to partner with Costa Mesa at the homeless shelter located at 3175 Airway Avenue, Costa Mesa. He reported the City is interested in this opportunity; however, the parties remain significantly apart. IX. INVOCATION — Mayor Pro Tem O'Neill X. PLEDGE OF ALLEGIANCE — Council Member Brenner XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Brenner: • Attended a California Coastal Commission meeting and heard Deputy Community Development Director Campbell and the Back Bay Conservancy receive accolades regarding the Big Canyon Restoration Project; a stakeholder meeting on short-term lodging and vacation rentals, along with Council Member Herdman, where they both plan to hold outreach meetings in their respective districts; the Corona del Mar Community Church Congregational's 751h Anniversary event, along with Council Member Muldoon, and highlighted her history with the church • Met with Discovery Cube's Ocean Quest who would like to construct a parking structure near the Fun Zone, along with Council Member Herdman; two meetings with the City Council Ad Hoc Committee on Local Business Advancement and participated in a phone conference with the Pasadena Business Improvement District (BID) Director, along with Mayor Dixon; two Homeless Task Force subcommittee meetings to review website information and committee assignments with Chair/Mayor Pro Tem O'Neill; Recreation and Senior Services Director Detweiler to discuss the possible reformation of the Newport Beach Giving and Memorial Program Volume 64 - Page 197 City of Newport Beach Study Session and Regular Meeting September 24, 2019 • 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 9/11 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 CalPERS' 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 3rd 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. XIII. 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES Volume 64 - Page 198 City of Newport Beach Study Session and Regular Meeting September 24, 2019 1. Minutes for the September 4, 2019 Special City Council Meeting and September 10, 2019 City Council Meeting [100-2019] Waive reading of subject minutes, approve as amended, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. Ordinance No. 2019-15: Amending Newport Beach Municipal Code Chapter 6.04 - Garbage, Refuse and Cuttings and Adding Chapter 6.06 - State Mandated Municipal Solid Waste Diversion Programs [100-2019] 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) Conduct second reading and adopt Ordinance No. 2019-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Portions of Chapter 6.04 and Other Related Provisions of the Newport Beach Municipal Code and Adding Chapter 6.06 to Title 6 of the Newport Beach Municipal Code to Incorporate State Mandates on the Diversion of Municipal Solid Waste. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2019-82: Authorization to Submit an Application for the Housing and Community Development SB 2 Planning Grants Program (C-8601-1) [38/100-2019] 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) Adopt Resolution No. 2019-82, A Resolution of the City Council of the City of Newport Beach, California, Authorizing an Application for, and Receipt of, SB 2 Planning Grants Program Funds and direct the Community Development Director to submit an SB 2 Planning Grants Program Application; and c) Approve Budget Amendment No. 20-014, increasing revenue estimates by $310,000 in the Information Technology (IT) Strategic Fund and increasing General Plan Update expenditure appropriations in the General Fund by a like amount, including related interfund transfers in and out. 5. Resolution No. 2019-83: Adopting a Memorandum of Understanding with the Newport Beach Lifeguard Management Association and Establishing Salary Ranges for Unit Members and the Position of Assistant Chief, Lifeguard Operations (C -2058-B) [381100-2019] 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) Adopt Resolution No. 2019-83, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Lifeguard Management Association and Establishing Salary Ranges for Unit Members and the Position of Assistant Chief, Lifeguard Operations; and c) Approve Budget Amendment No. 20-011 appropriating $62,449 to salary and benefit accounts from unappropriated General Fund surplus fund balance for the remainder of Fiscal Year 2019-20. CONTRACTS AND AGREEMENTS 6. Spyglass Hill Reservoir Water Mixing System - Notice of Completion for Contract No. 7428-1 (19W15) [38/100-2019] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; Volume 64 - Page 199 City of Newport Beach Study Session and Regular Meeting September 24, 2019 b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 7. Street and Alley Pavement Repair Project —Award of Contract No. 7680-1 (20R03, 20R07 and 20R11) [381100-2019] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1, (maintenance of existing public facilities involving negligible or no expansion of use),of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 7680-1 to R.J. Noble Company, for the total bid price of $756,077.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $76,000.00 (approximately 10 percent) contingency to cover the cost of unforeseen work not included in the original contract. 8. Water Transmission Main Valves Replacement — Phase 2 & Alta Vista Regulating Station Relocation Project (18W12 & 19W13), Approval of Professional Services Agreement with Psomas Engineering, Inc. (C-7539-2) [38/100-2019] 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 a Professional Services Agreement with Psomas Engineering, Inc. of Santa Ana, California, for the Water Transmission Main Valves Replacement — Phase 2 and Alta Vista Regulating Station Relocation project at a not -to -exceed amount of $182,020.00, and authorize the Mayor and City Clerk to execute the Agreement. 9. Approval and Award of On -Call Professional Transportation Engineering Services Agreements with Willdan Engineering, RK Engineering Group, Inc., and Ganddini Group, Inc. [381100-2019] 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 On -Call Professional Transportation Engineering Services Agreements with Willdan Engineering (C-8032-2), RK Engineering Group, Inc. (C-8441-2), and Ganddini Group, Inc. (C-8602-1) for a five-year term and a total amount not -to -exceed $300,000 per agreement, and authorize the Mayor and City Clerk to execute the agreements. 10. Approval and Award of Maintenance and Repair Services Agreement with ACCO Engineered Systems, Inc. for HVAC Maintenance and Repair Services (C-8603-1) [381100- 2019] 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 a five-year agreement with ACCO Engineered Systems, Inc. for HVAC maintenance and repair services for a total not -to -exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the amended agreement. 11. Amendment No. One to Contract No. 7045-1 with Orange County Striping Service, Inc. for On -Call Roadway Sign and Striping Maintenance and Repair Services [381100-2019] 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 Amendment No. One to Contract No. 7045-1 with OC Striping to increase the not -to -exceed amount by $500,000 for a total amount of $1,300,000,and authorize the Mayor and City Clerk to execute the amendment. Volume 64 - Page 200 City of Newport Beach Study Session and Regular Meeting September 24, 2019 12. Approval of Services Agreements for Water Well and Water Pump Station Maintenance Services [381100-2019] 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 Services Agreement with General Pump Company (C-8604-1), for water well and water pump station maintenance services for a five-year term with a total not -to -exceed amount of $250,000; c) Approve the Services Agreement with Layne Christensen Company (C-8091-1), for water well and water pump station maintenance services for a five-year term with a total not -to -exceed amount of $250,000; and d) Authorize the Mayor and City Clerk to execute the Agreements. 13. Professional Service Agreement with Psomas for Environmental Services for the Proposed Newport Village Mixed -Use Project Located in the 2000 Block of West Coast Highway (PA2017-253) (C-8605-1) [381100-2019] a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Approve the Professional Services Agreement with Psomas and authorize the Mayor and City Clerk to execute the agreement. 14. Contract with Former City Employee, Michelle Caldwell (C-8216-3) [381100-2019] a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to execute a New Temporary Employment Agreement (TEA) with former employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position of Police Dispatcher until all vacancies can be filled. 15. Approval of a Purchase Agreement with QS Wholesale, LLC for Junior Lifeguard Uniform Apparel (C-8606-1) [381100-2019] 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 a Purchase Agreement with QS Wholesale, LLC for Junior Lifeguard Uniform Apparel for a not -to -exceed amount of $1,000,000 for a term of three years with an option for two additional, one-year terms, and authorize the Mayor and City Clerk to execute the agreement. 16. Acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency (C-8607-1) [381100-2019] 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 grant and accept the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant award in the amount of $525,135; and c) Approve Budget Amendment No. 20-016 to increase revenue estimates by $525,135 in account 75604-431390 (Fire Equipment — FEMA), and increase expenditure appropriations by $577,648 in account 76504-911013 (Fire Equipment — Assist Firefighter Grant SCBA Equipment). Out of an abundance of caution, Council Member Muldoon recused himself due to a potential business interest conflicts. MISCELLANEOUS 17. Planning Commission Action Report for the September 19, 2019 Meeting [100-2019] Receive and file. Volume 64 - Page 201 City of Newport Beach Study Session and Regular Meeting September 24, 2019 Motion by Mayor 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 Warwick 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) [381100-2019] 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 staffs 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 v 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 thanked 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 services to 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 191h 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 Mikoya Sargizian, Ebb Tide resident, indicated she heard that the Corporate Yard is being considered because it is the least expensive site, but believed it would be the most expensive choice in the long run, stated that 64 homeless people does not equate to a crisis, urged Council to look at settlement amounts of all negligence cases for cities that built shelters, and requested Council reconsider using the Corporate Yard and take the residents' feelings into consideration. Barbie George stated she was once homeless, discussed how homelessness is changing the landscape of cities, talked about the unsanitary environment, indicated she understands about compassion but people need to be responsible for their actions, and cities need to prioritize good judgment over good intentions. She expressed concern for her daughter's safety when she leaves work and for all children's safety due to the homeless issues. Christine Nunez indicated she wants to learn more about the proposed site, believed this sounds like a Costa Mesa issue and those neighbors need to go to their city council meetings and demand relief, noted it is important for Newport Beach to take these steps but agreed more data is needed, invited everyone to attend Homeless Task Force meetings, and expressed concern for children's safety. Unidentified speaker stated she did not appreciate the lecture about humanity, noted she does not welcome risk into her home, and asked how Council would feel if the shelter was next to their house. Resident 47 noted schools, Hoag Hospital, medical facilities, and the senior facilities were not shown on the map, expressed concern for hospital personnel during shift changes, believed a shelter at the Corporate Yard would institutionalize the area with people with mental disabilities, took issue that Newport Beach has not done anything sooner, and suggested joining Costa Mesa with their Airway Avenue facility. Mark Wilshire believed the shelter would create an unfair burden on the area since it is densely populated, hoped economics is not the deciding factor in this decision, asked what the shelter guests would be doing during the day, and questioned if the Campus Drive site is no longer being considered. Ryan Reza Farsai noted the homeless issue is an ongoing problem in California, discussed the number of homeless people in the State, County, and Los Angeles, and thanked the City for taking the initiative. Luis Estrada, Ebb Tide resident and architect, believed the site is inadequate due to the heavy equipment entering and exiting the Corporate Yard, questioned if the site is habitable, and asked about the design of the structures, code standards, and needed CEQA review. Jim Mosher stated he supports the City providing shelter for the homeless, asked where the current Corporate Yard functions will be relocated, how the shelter guests will be escorted in and out of the Corporate Yard, and how long the shelter will be operated at the Corporate Yard, noted Council approved that the Campus Drive site be considered for use as a shelter, and expressed concern that the motive for establishing a shelter is to arrest individuals who refuse to go to the shelter. Max Johnson encouraged people to volunteer, participate in the Point In Time count every two years and listen to their stories, and hoped empathy and compassion are involved in tonight's decision. Randy Michado, Ebb Tide resident, urged Council to look at facts and consider how placing a shelter at the Corporate Yard will affect the area, believed the Corporate Yard is not a viable shelter site, and encouraged the City to use the Campus Drive location. Hearing no further testimony, Mayor Dixon closed the public hearing. In response to public comments, Mayor Dixon, Mayor Pro Tem O'Neill, City Manager Leung and Community Development Director Jurjis indicated the shelter guests will remain onsite in order to receive the assistance they need and be guided into their appropriate pathways, the facility would be a 24-hour operation, the City is moving down parallel paths, noted this is just to start looking at the Volume 64 - Page 206 City of Newport Beach Study Session and Regular Meeting September 24, 2019 scope of this type of project, assured the item will be coming back to Council before implementation, reported that Council met in Closed Session regarding the Costa Mesa Airway Avenue site and the City will continue discussions with Costa Mesa, reviewed the costs to operate the shelter, took issue that a Costa Mesa council member encouraged residents to attend Newport Beach's meeting and disparage the City when she could have contacted them, discussed issues with the Campus Drive site, including cost, but assured that it has not been ruled out, added residences will be built in the Campus Drive area soon, reported the City has received attorney letters relative to every site they are considering, agreed that the County needs to talk about a regional permanent housing solution, encouraged Costa Mesa residents to speak with their council members about working with Newport Beach, and noted the Newport Beach Police Department responds to calls very quickly. Regarding next steps, the City Council would need to declare a shelter crisis, pursuant to SB 850, which would provide immunity from liability and waive certain code requirements, and emphasized that the City is not building dwelling units, but assured everyone that the facility would be safe. Council Member Muldoon stated it is troublesome to hear that the Ebb Tide and Level 1 residents do not feel safe in their neighborhoods, indicated homelessness has been the biggest issue he has faced since being on Council, and reiterated this is a starting point in order for the City to be allowed to enforce its laws. Motion by Council Member Muldoon, Mayor Pro Tem O'Neill, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(c) (Emergency Projects), and Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), 15304 (Minor Alterations of Land), and 15332 (In -Fill Development Projects) of the CEQA Guidelines as documented in Attachment E of the staff report, because there is no substantial evidence demonstrating an exception to reliance on these categorical exemptions; b) approve a portion of the City's Corporation Yard, at 592 Superior Avenue, Newport Beach as a possible site for a temporary emergency homeless shelter; c) adopt amended Resolution No. 2019-84, AResolution of the City Council of the City of Newport Beach, California, Exempting a Temporary Emergency Shelter for Those Experiencing Homelessness from Development Standard Requirements Applicable to Emergency Shelters, in Accordance with Sections 20.10.040 of the Newport Beach Municipal Code (PA2019-170) to be located at 592 Superior Avenue; d) adopt amended Resolution No. 2019-85, A Resolution of the City Council of the City of Newport Beach, California, Declaring a Shelter Crisis Pursuant Senate Bill 850 (Chapter 48, Statues of 2018 and Government Code ,¢8698.2) (PA2019-170); e) approve a new Capital Improvement Program (CIP), Temporary Emergency Homeless Shelter Project No. 20F15, and budget of $300,000 for the conceptual development and design of the shelter; f) approve Budget Amendment No. 20-015 appropriating $300,000 from the Affordable Housing Reserve to the Temporary Homeless Shelter Project 20F15; and g) authorize the City Manager to enter into a selection process and negotiations with necessary design consultants and homeless shelter operators. Council Member Brenner stated the Campus Drive site is the most expensive and would take the longest time to start running as a shelter, indicated the City will still continue negotiations with Costa Mesa but it is the second most expensive option. Community Development Director Jurjis added that the City is continuing negotiations with the Campus Drive site; however, he is unsure if they are willing to accept a shelter on the site and discussed issues with retrofitting the 11,000 square foot office building. Regarding the Airway Avenue site, he noted that it is not scheduled to open until April 2020, although Costa Mesa has not started construction. Council Member Avery reported Council is not voting tonight to build the shelter at the Corporate Yard, but to add it to the list of sites for consideration. He thanked everyone for attending the meeting and providing input, and noted his district (District 2) has historically taken these types of lumps. Mayor Dixon assured everyone that Council has been listening and all comments are being taken into consideration. She asked if the homeless count can be updated, noted the City has been mindful of the homeless crisis, indicated the issue was triggered for the City when the Santa Ana River encampment was closed, and reported the City has been proactive at the OCTA Transportation Center and both piers, but emphasized the City needs to find a way to enforce its laws. Volume 64 - Page 207 City of Newport Beach Study Session and Regular Meeting September 24, 2019 Council Member Muldoon pointed out that his motion included the amended CEQA language that was provided and distributed tonight. With Council Member Brenner voting no and Council Member Avery abstaining, the motion carried 4-1-1. Mayor Dixon recessed the meeting at 10:10 p.m. and reconvened the meeting at 10:14 p.m. with all members of Council in attendance. XVIII. CURRENT BUSINESS 19. Resolution No. 2019-86: Sign and Messaging Program to Discourage Panhandling [100-2019] Public Works Director Webb provided a brief staff report. Mayor Pro Tem O'Neill noted the staff report and Daily Pilot article provided good information, the Homeless Task Force looked at options other cities have implemented, encouraged people to try to be a part of the solution, noted the idea came from a resident, and emphasized this is to assist with passive panhandling. In response to Mayor Dixon's question, Mayor Pro Tem O'Neill indicated the success of the sign and message programs are only anecdotal by the other cities. Council Member Brenner expressed support and asked that the Homeless Task Force be involved with the wording and design of the sign, and include information for transients who want assistance. Motion by Council Member Avery, seconded by Mayor Pro Tem 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 the environment, directly or indirectly; and b) adopt Resolution No. 2019-86, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City Manager to Take Action to Discourage Panhandling in the City of Newport Beach. The motion carried unanimously. 20. Resolution No. 2019-87: Formation of a Marine Avenue Preservation Committee [100-2019] Council Member Herdman recused himself due to real property interest conflicts. City Manager Leung provided the staff report and discussed the proposed membership of the Marine Avenue Preservation Committee (MAPC). Council Member Muldoon indicated he was notified that the Balboa Island Improvement Association (BIIA) does not want to participate on the MAPC since they deal with infrastructure, reviewed the proposed committee's limited scope, emphasized the committee is advisory, and suggested leaving the third position open so a member of the public could apply. Mayor Dixon requested "but not limited to" be stricken from the second paragraph of the resolution and the third seat be a representative from the Balboa Island Museum and Historical Society. Motion by Council Member Muldoon, seconded by Mayor Dixon, to a) find that the action is exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, Code of Regulations, Title 14, Chapter 3 because it will not result in a physical change to the environment, directly or indirectly; and b) adopt amended Resolution No. 2019-87, A Resolution of the City Council of the City of Newport Beach, California, Creating the Marine Avenue Preservation Committee. In response to Council questions, Public Works Director Webb reported that any tree issue would go before the Parks, Beaches and Recreation Commission. Volume 64 - Page 208 City of Newport Beach Study Session and Regular Meeting September 24, 2019 Mayor Pro Tem O'Neill asked how the Balboa Island Preservation Association (BIPA) and Balboa Island Merchants Association (BIMA) would be selecting its member or how a member is removed, and discussed social media campaigns. Council Member Brenner questioned the need for another Brown Act committee, especially since there is BIPA and the City has the Parks, Beaches and Recreation Commission, and believed this could be insulting to current City board, commission and committee members. Matthew Pour, founder of BIMA and owner of Olive Oil and Beyond, expressed support for forming MAPC, discussed BIMA's mission and reason for formation, took issue with the City's reduced funding support, highlighted the reason for their petition, expressed concern with infrastructure projects, and emphasized the importance of maintaining the historic charm of Marine Avenue. In response to Council questions, Mr. Pour stated BIMA is an unincorporated, non-profit organization that is waiting for final certification from the California Secretary of State, indicated they have about 25 members but want to get all 75 businesses involved, and reviewed their purpose. Jim Moloney, BIPA counsel, questioned the resistance to forming MAPC, provided a handout of City Council Policy A-2 (Boards, Commissions and Committees) and read a portion from it, indicated MAPC will be a watchdog to not change Marine Avenue, and believed it might not even need to meet. Jodi Bole utilized a presentation to provide the background to the issue, discuss BIPA's desire to keep the historical aspects of Marine Avenue, believed MAPC could become a model for other cities to keep their historic main streets but still be able to do improvements, stated she asked to join BIIA but they declined, and requested Mr. Moloney be seated on MAPC. Dennis Bress believed MAPC would be able to assist Balboa Island in maintaining the iconic character of Marine Avenue and to help the merchants, commended the BIIA but believed a majority of residents are not able to participate with the rehabilitation project and were concerned with conceptual drawings, indicated MAPC might make the City's job easier, and BIMA may request funding from the City to advertise Balboa Island businesses. Patricia Beek, former Parks, Beaches and Recreation Commissioner and Newport Beach Merchants Association, stated she thought Balboa Island already had a merchants association, discussed the purpose of merchant associations, believed if BIMA was a formed group there may not be a need for MAPC, indicated people want to keep Marine Avenue the same and should be a coordinated effort, and noted having another group may be too much unless the City could give support to BIMA. Philip Hoofe indicated he never received a letter from BIMA, believed none of the other landlords received information either, and discussed issues with the Marine Avenue trees. Diane Hussey, Balboa Island Marketing, Inc. (BIMI), explained BIMI handles merchant care, looks at architecture, and are preservationists, took issue with how people are being treated on Balboa Island, expressed support for Mr. Noyes, discussed her background, believed consultants should be hired, and requested to discuss BIMI plans with Council at a future meeting. Rachel Morrison suggested that Council place a Marine Avenue property owner on the committee, indicated she is trying to maintain the architecture of her building but is being required by the City to meet current Building Codes, and requested a protocol be created for tenant improvements on Marine Avenue. Luke Dru suggested installing an underground water drip system for the Marine Avenue trees and purchasing additional smaller trees now that can replace trees in a couple of years. Mike Sullivan noted MAPC would be an advisory committee only and believed there would be no harm in creating MAPC. Volume 64 - Page 209 City of Newport Beach Study Session and Regular Meeting September 24, 2019 Ed Black expressed support for MAPC, indicated Ken Yonkers from the Little Balboa Island Property Owners Association would like their association on MAPC, discussed reasons why BIMA was formed, and quoted the petition and listed the signatories. Rosalyn Koyoumjian, Alex's Fashion Center, commended Mr. Pour for forming BIMA, noted she has not received any communication from BIMI, expressed concern with the cleanliness of Marine Avenue, and believed landlords should pay a fee if their business is vacant. Don Abrams indicated this is the first time he has heard of BIMA and does not believe it represents him, stated there are already many organizations on Balboa Island dedicated to preservation, believed another organization is not needed, expressed support for Mr. Noyes, and assured that the organizations want to improve Marine Avenue. Max Johnson expressed support for the formation of MAPC, but suggested forming a larger committee that includes people from all the Council districts to preserve other historic areas. Jack Callahan, President of BIIA, believed there is a lot of confusion and scare tactics happening on Balboa Island, indicated he spoke with Ken Yonkers who indicated that the Little Balboa Island Property Owners Association was excluded from MAPC, suggested that the City verify all the statements being made, reviewed the number of open meetings BIIA have conducted, and read a comment about the formation of MAPC that specifically excludes people and organizations. Linda Martin expressed support for the formation of MAPC. Jim Mosher expressed support for citizen involvement; however, expressed concern relative to how members will be appointed to MAPC, believed MAPC would not be an advisory committee since only Council could override their decisions, stated Council should appoint the members, and reviewed the purpose of the Parks, Beaches and Recreation Commission and City Arts Commission. Randy Black, BIIA member, Little Balboa Island Property Owners Association member, and founding member of the Balboa Island Museum and Historical Society, believed MAPC is designed to bring the City and all the stakeholders together, and is similar to the Balboa Village Advisory Committee (BVAC). John Noyes explained they formed BIIA because they wanted to give the tenants a voice, believed MAPC will grow into something else, provided a handout about BIIA's suggestions for Marine Avenue, indicated Ms. Bole never asked him to join BIIA, believed they were ambassadors for their committee, expressed disappointment for all the friction on Balboa Island, and noted discrepancies in BIMA's paperwork. Dan Byers agreed with Randy Black, expressed support for MAPC, and believed the community needs to be heard. Amended motion by Council Member Muldoon, seconded by ayor Dixon, to replace the third seat with a member from the Little Balboa Island Property Owner Association. Council Member Muldoon took issue with the Marine Avenue enhancement plan provided by BIIA Council Member Brenner stated she loves Balboa Island, but will be voting against this due to the dishonest campaign and negativity that has occurred, and expressed concern about the message this would send to all the other community groups who work hard for their communities. She believed that MAPC would have a status the other community groups do not have and pointed out the Balboa Island groups are not City -endorsed groups. She further expressed concern with the Balboa Island groups not working cohesively and noted City funds have been given to BIMI. She indicated she likes the idea of a preservation group, but reiterated reasons she believed this should be sent to the City Council Ad Hoc Committee on Local Business Advancement. Volume 64 - Page 210 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, the motion failed 2-2-1. Motion by Mayor 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 8, 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 Mayor Pro Tem O'Neill, seconded by Mayor 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 City of Newport Beach Study Session and Regular Meeting September 24, 2019 XIX. MOTION FOR RECONSIDERATION Motion by Council Member Herdman, seconded by Council Member Brenner, to reconsider Item 20 from the September 10, 2019 City Council meeting (Appeal of Reed Residential Variance). With Mayor Dixon, Mayor Pro Tem O'Neill, Council Member Avery and Council Member Muldoon voting no, the motion failed, 2-4. XX. ADJOURNMENT - Adjourned at 12:11 a.m. on Wednesday, September 25, 2019 The agenda and amended agenda were 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 19, 2019, at 4:00 p.m. and September 20, 2019, at 2:20 p.m., respectively. am�/ pAnn— Leilani I. Brown City Clerk Mane B. Dixon Mayor Volume 64 - Page 212