HomeMy WebLinkAbout04/24/2007 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 24, 2007 — 7:00 p.m
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 5:15 p.m.
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Excused: Council Member Webb
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Council Member Curry
VIII. INVOCATION - Reverend Leah Stout, St. Andrews Presbyterian Church
DL. PRESENTATIONS
Relay for Life Presentation -- Krisztina Scheeff
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR
REPORT (NON- DISCUSSION ITEMI:
Council Member Gardner reported that Buck Gully was overgrown and presented a fire
hazard. The Fire Marshal has proposed a study to determine if goats could assist in habitat
cleanup or whether some other method would be more feasible.
Council Member Daigle stated that the Newport Beach Golf Course lease is expiring and the
County is considering eliminating the back nine and replacing it with a parking lot which
would mean loss of green space and recreation area. She asked Council to consider approving
a resolution supporting the preservation of the green space and presented Council with a
1300 signature petition in favor of the resolution.
Henn said that last week he toured the City's police headquarters and it was very clear to
him that the City needs a new police headquarters in accordance with the City's Master
Plan. He thanked Sgt. Chuck Freeman for allowing him to ride along on patrol stating that
it was a very worthwhile experience. He and his family have participated in many facets of
the Newport Beach Film Festival and he encouraged everyone to take advantage of this
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fabulous event.
Council Member Curry reported that on April 2nd he attended a meeting with The Irvine
Company regarding traffic and safety issues for the May l' 12:00 noon reopening of Pelican
Hills Road South.
Mayor Pro Tem Selich stated that residents are invited to participate in the 2nd Annual
Balboa Island Town Hall meeting at the Balboa Fire Station on Saturday, May 12th at
10:30 a.m.
Mayor Rosansky said he too attended the opening night at the Film Festival and John
Wayne 100 Years of the Duke Celebration with John Wayne's family and many stars in
attendance. Last Saturday he spoke at the Rotary and Exchange Club. Council Member
Daigle accepted a plaque from the organizers of the Kring and Chung Triathlon. Mayor
Rosansky reported that he will be traveling to Sacramento with City Attorney Clauson and
Assistant City Manager Kiff to testify on behalf of Senator Harman's legislation in
connection with the group home issue.
)UL CONSENT CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE SPECIAL MEETING OF APRIL 10, 2007 AND
THE REGULAR MEETING OF APRIL 10, 2007 1100- 20071. Waive
reading of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
B. RESOLUTION FOR ADOPTION
3. RESOLUTION REAFFIRMING SUPPORT FOR THE
GROUNDWATER REPLENISHMENT SYSTEM, A JOINT EFFORT
OF THE ORANGE COUNTY WATER DISTRICT AND THE ORANGE
COUNTY SANITATION DISTRICT 1100- 20071. Adopt Resolution No.
2007 -22 reaffirming support for the Groundwater Replenishment System, a
joint effort of the Orange County Water District and the Orange County
Sanitation District.
C. CONTRACTS AND AGREEMENTS
4. RADIO COMMUNICATION TOWER: LEASE AGREEMENT,
REIMBURSEMENT AGREEMENT, BUDGET AMENDMENT (contd.
from 4/10 /07) (C -8928) 1381100- 20071. Continue to May 8, 2007.
5. DOVER DRIVE SIDEWALK - APPROVAL OF AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING,
INC., FORMERLY KNOWN AS VAN DELL AND ASSOCIATES (C-
3652) 1381100- 20071. Approve Amendment No. 4 to Professional Services
Agreement with VA Consulting, Inc., formerly known as Van Dell and
Associates, for a not to exceed amount of $5,455 and authorize the Mayor
and the City Clerk to execute the Amendment.
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6. NEWPORT BAY INTEGRATED REGIONAL WATERSHED
MANAGEMENT PLAN - AMENDMENT NO. 1 TO PROFESSIONAL
SERVICES AGREEMENT WITH CONNECTIVE ISSUES (KRISTA
SLONIOWSKI) (C -3924) [381100 - 2007]. Approve Amendment No. 1 to the
Professional Services Agreement with Connective Issues (Krista Sloniowski)
to prepare the Final Integrated Regional Watershed Management Plan
(IRWMP) for the Newport Bay Watershed at a not to exceed price of $71,400
and authorize the Mayor and City Clerk to execute the Agreement.
MARINERS PARK LIBRARY AND RESTROOM DEMOLITION -
AWARD OF CONTRACT (C -3864) 1381100- 20071. a) Approve the plans
and specifications; b) award the contract (C -3864) to Good Life, Inc., dba
U.S. Construction & Trucking/Good Life Inc. (U.S. Construction) for the
total bid price of $84,796, and authorize the Mayor and the City Clerk to
execute the contract; and 3) establish an amount of $8,479 to cover the cost
of unforeseen work.
8. UPPER BAY AND HARBOR AREA MANAGEMENT PLAN -
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH LARRY PAUL AND ASSOCIATES FOR PROJECT
MANAGEMENT (C -3832) 1381100- 20071. Approve Amendment No. 1 to
the Professional Services Agreement with Larry Paul and Associates of
Newport Beach to provide project management services for the Harbor Area
Management Plan and coordinate integration efforts with the Newport Bay
Integrated Regional Watershed Management Plan at a not to exceed price of
$30,000 and authorize the Mayor and City Clerk to execute the Agreement.
9. BACK BAY SCIENCE CENTER - OPERATING AGREEMENT AND
LEASE AGREEMENT (C- 3460(G) & C- 3460(E)) 1381100- 20071. a)
Authorize the Mayor to execute a Lease Agreement in substantially similar
form to the draft Lease Agreement attached to the staff report with the
California Department of Fish and Game (DFG) that would authorize the
City to provide basic facilities maintenance for the Back Bay Science Center;
b) authorize the Mayor to execute an Operating Agreement in substantially
similar form to the draft operating Agreement attached to the staff report
between the City, DFG, the County, and UCI regarding the operations and
management of the BBSC; and c) authorize staff to align the terms of the
existing and approved County -City Sublease for the Water Quality Lab wing
of the BBSC to align it with the terms of the Sublease with the City -DFG
Lease Agreement (if necessary).
D. MISCELLANEOUS
10. REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE
THE CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM
URGENCY ORDINANCE NOS. 2005 -7, 2005 -11, 2006 -010
REGULATING MEDICAL MARIJUANA DISPENSARIES [100 - 20071.
Receive and file.
11. UTILIZE ASSISTANCE TO FIRE ACT GRANT (AFG) FUNDS TO
PURCHASE SCBA (SELF CONTAINED BREATHING APPARATUS)
EQUIPMENT [100 - 20071. Approve a sole source contract with AllStar Fire
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Equipment Inc. with an amount not to exceed $238,843 for the SCBA (Self
Contained Breathing Apparatus) equipment.
12. ACCEPTANCE OF 2006 -2007 STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY (OTS) CLICK IT OR TICKET, SEAT BELT
COMPLIANCE CAMPAIGN [100 - 2007]. a) Approve a budget amendment
(07BA -069) in the amount of $24,195 for the Police Department Budget in
Fiscal Year 2006 /2007 to fund additional seat belt enforcement as part of the
California Office of Traffic Safety Seat Belt Compliance Program; and b)
authorize the Administrative Services Director to establish revenue and
expenditure accounts to facilitate the administration of these grant funds.
13. ACCEPTANCE OF QUIT CLAIM DEED FOR MACARTHUR
BOULEVARD RIGHT -0F -WAY FROM BIG CANYON COUNTRY
CLUB [100 - 2007]. Accept the Quitclaim Deed for the MacArthur
Boulevard right of way from Big Canyon Country Club and authorize the
City Manager to execute the Quitclaim Deed documents.
Motion by Mayor Pro Tem Selich to approve the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XIV. PUBLIC HEARING
14. IN -LIEU , PARK DEDICATION FEE ADJUSTMENT - APPRAISAL OF
EASTBLUFF AND BOB HENRY PARK (contd. from 2127/07, 3/13/07, 3/27107
& 4/10/07) [100 - 2007].
City Manager Bludau explained that the item has been continued from the past two
meetings. Staff met with BIA and the appraiser and staff is requesting that this
item be continued to May 8th.
Motion by Mayor Pro Tem Selich to continue this item to May 8, 2007.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich,
Mayor Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
15. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2007 HEALTH
CARE FACILITY REVENUE BONDS 1100 - 20071.
Administrative Services Director Danner provided the staff report and stated the
recommended action is that the City Council hold the public hearing and adopt
Resolution No. 2007 -23 as outlined. He explained that Revenue Bonds are tax
exempt and allow the City to provide financial assistance to the Hospital.
Helen Kieron talked about what Hoag Hospital did to her and to her family. Mayor
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Rosansky told Mrs. Kieron that she should take up her concerns with the hospital.
Motion by Council Member Daiele to adopt Resolution No. 2007 -23 authorizing
the sale of not to exceed $500 million of City of Newport Beach Insured Demand
Revenue Bonds (Hoag Memorial Hospital Presbyterian) Series 2007; the execution
and delivery of the Loan Agreement in substantially the form presented; the
execution and delivery of the Indenture in substantially the form presented; the
execution and delivery of the Preliminary Official Statement (including Appendix A)
in substantially the form presented; the execution and delivery of the Bond
Purchase Contract in substantially the form presented; and staff to take the
necessary steps to close the bond sale.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich,
Mayor Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
16. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL
YEAR 2007 -2008 ONE -YEAR ACTION PLAN FOR SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (871100- 20071.
Program Manager Dan Trimble provided the staff report indicating tonight's public
hearing was a discussion of allocation of $370,332 in block grant funds for fiscal year
2007 -2008.
Council Member Gardner was concerned about how few applications the City
received and asked if there were any other types of outreach efforts. Program
Manager Trimble said that the matter is published in the newspaper and that
information is sent out to past and present recipients. In the past funding has been
more competitive. However, these types of services have declined and some services
have declined to apply due to the burden of bureaucratic paperwork.
Council Member Henn wondered if "Serving People in Need" (SPIN) assisted the
Substance Abuse Recovery Program (SARP), an organization that has received
grants for housing for recovering addicts. Program Manager Trimble responded that
there are such grants available; however, no such group homes are funded in
Newport Beach.
Mayor Pro Tem Selich asked how many years were left on the Section 108 loan and
Program Manager Trimble responded that he believed about 22 years was left on the
loan and because of the way the bonds were written the loan could be paid off in
advance of the due date.
Program Manager Trimble responded to Council Member Daigle that his
understanding was that if the program were to go away the Section 108 loan
obligation would be forgiven. He said that CDBG funding tends to be declining.
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Motion by Mayor Pro Tern Selich to a) approve the 2007 -2008 CDBG Action
Plan; b) authorize the City Manager or his designee to execute the FY 2007- 2008
CDBG Program Grant Agreement and all related documents on behalf of the City;
and c) adopt Resolution No. 2007 -24 authorizing the City Manager to submit the FY
2007 -2008 application for CDBG funds and One -Year Action Plan to HUD.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich,
Mayor Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
XV. PUBLIC COMMENTS
Bob Rush said that two weeks ago he asked for Council's help to look into the potential
conflict of interest involving former City Attorney Bob Burnham. He asked Council to
explain items 4, 5 6, 7 & 8, and provided handouts for Council Members.
Helen Kieron spoke about a water bill she received that she did not understand on a house
she no longer lives in. She wanted to pay her bill but was not able to do so. Mayor Rosansky
asked the speaker to give him her contact information and he would make sure that she was
helped tomorrow. City Manager Bludau said that if the speaker came to the City tomorrow
morning at 8:30 they would take care of her payment. Mrs. Kieron said she had no
transportation and staff was directed to see to Mrs. Kieron's concerns.
Debbie Calvert spoke about a potential financial conflict of interest regarding the California
Strategies contract entered into by former City Attorney Bob Burnham's wife, Kathy
Burnham. She wanted to know why City Attorney Clauson had not officially responded.
City Attorney Clauson stated that there was no financial interest in the drug court in any of
the items before the City or any businesses operating in the City.
Don Krotee wanted Council to take a position on the issue involving the County building a
parking lot over the top of the existing back nine of the Newport Beach Golf Course because
if carried out, it would have a huge negative impact on open space. Mayor Rosansky
reminded the speaker that Council Member Daigle has proposed support of such a
resolution.
City Manager Bludau said the only conversation he has had with anyone at the County was
with Allen Murphy who met with him about six weeks ago and he was asked not to discuss
the matter with anyone, which he said would be difficult. Staff has not discussed this issue
with anyone else at the County.
Council Member Curry said he did not want anyone to believe that this was Mr. Moorlach's
idea because he did not believe that Mr. Moorlach even supported the concept. Mayor
Rosansky believed that in fact, Mr. Moorlach floated an alternative proposal.
Keith Wyrick thanked Council Member Daigle for her efforts on behalf of the golf course
matter because this would have a huge impact on a very fine and well-run family business.
John Campbell asked for Council's sport on the golf course matter.
Steve Lane, co -owner of the Newport Beach Golf Course, provided a history of the golf course
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and said that the open space was vital to the organization. Well water takes care of the
entire course and that well will be gone if the County paves over the area. He thanked
Council Member Daigle for her action on this matter.
Bill Shaver said it would be a tremendous loss for seniors and others if the back nine of the
golf course were gone.
Tony Jones, a high school student, said he had played the golf course since he was six -years
old and asked Council to support the matter.
Mayor Rosansky advised speakers that the golf course property is located in and owned by
the County: Therefore, the City has no jurisdiction and he hoped that residents and
interested parties would contact their County representatives about this issue.
Dr. Linda Orozco visited Council in October 2003 and returned to file a complaint about
expansion of one of the rehab houses in Newport Beach. She provided handouts outlining
group home violations and the City's violation for issuing a certificate of occupancy for a 27
to 49 -bed unit.
Corky Rawlins spoke about Bob Burnham's potential conflict of interest response in
Sunday's Daily Pilot and what she felt was the resulting proliferation of group homes in
Newport Beach because of his actions. She believed it would be a good idea to reinstate the
CUP requirement for group homes.
Shannon Jakowski said she was deeply concerned about the change in her neighborhood as a
result of group homes.
Max Liskin spoke about the changes to the NBMC in 2004 related to short-term lodging and
the reasons as stated by Bob Burnham. He questioned why it was discriminatory to regulate
rehab activities when homeowners are regulated.
Ken Bryant spoke about his short -term lodging facilities and asked why the City was
lumping short -term lodging with sober living facilities and said he thought it was a clever
ploy.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
17. PLANNING COMMISSION AGENDA FOR APRIL 19, 2007 (100 - 20071.
Planning Director David Lepo reported on the following items: Balboa Inn LLC
(PA2006 -270), 105 Main Street; and, Mariner's Mile Gateway, LLC, 100 -600 West
Coast Highway.
520. AN INTERIM URGENCY .ORDINANCE OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING A
TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND
OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN
NATURE SUCH AS PAROLEE - PROBATIONER HOMES, SAFE HOUSES,
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UNLICENSED RESIDENTIAL CARE FACILITIES AND RESIDENTIAL
CARE FACILITIES, GENERAL, AS WELL AS THE ISSUANCE OF NEW
SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING
DISTRICTS OF THE CITY [100 - 2007).
City Attorney Clauson provided the staff report stating that the interim urgency
ordinance if approved, would establish a temporary 45- day time period prohibiting
the establishment or permitting for new transitory residential uses within the City
with certain legally required exceptions. She explained that short -term lodging was
included in the ordinance. She provided information from the Revenue Division and
a map with red dots representing the current sober living facilities. There are 48
licensed residential treatment facilities (48 units on 18 parcels) and 25 unlicensed
facilities on 16 parcels for a total of 73 units on 34 parcels. There are 801 short -term
lodging units on 557 parcels. Not all 801 are actively reporting as renting. She
stated that the City has permitted transient uses, especially in the peninsula areas.
She recognizes that there are differences in the usages; however, the purpose of
moratorium is not to regulate uses out of existence but to address land use issues.
Revenue Manager Glen Everroad provided information on the number of facilities
that are creating Transient Operating Tax. Of 801 registered facilities, 498 made
TOT payments through 2006. In 2004 the City had 612 units registered for vacation
rental unit purposes and 510 were producing TOT.
Revenue Manager Everroad responded to Mayor Rosansky that permits are renewed
on a bi -annual basis. Renewal notices were sent out in April and there are an
average of 30 new properties coming online each year.
Council Member Henn asked if the 498 active properties was the number of active
properties or the number of permits. Revenue Manager Everroad responded that
the count is the total number of units.
Mayor Rosansky asked if, assuming approval of the moratorium, whether the
regulations would pertain to all uses. City Attorney Clauson responded no and
emphasized that the important consideration would be for the City to determine
impacts of different types of transitory uses. Mayor Rosansky asked what would
happen with short -term permits that might be up for renewal at this time and what
would the deadline be.
Revenue Manager Everroad responded April 30th, however if individuals miss the
deadline they would need to come to City Hall to fill out a form to renew the permit
and staff would take the application under advisement and determine whether the
permit should be issued. If the permit was in the R -1 Zone and an individual
applied for a new permit it would be denied. If the area was previously permitted
the permit may be allowed.
Mayor Rosansky asked if a Bed & Breakfast would fall under this moratorium and
City Attorney Clauson said it could be added because it would be zoned Residential.
Mayor Rosansky felt B &B's should be added.
Ken Bryant said it seemed strange to him that the City would lump short -term
lodging into the moratorium. It would be fair if the sober living facilities were taxed.
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George Schroeder said he attended all meetings regarding sober living homes and
never was the issue of short -term rentals considered. History shows that the City
has always had short -term rentals on the beach and asked that rentals be separated
out from this ordinance.
Craig Batley said he concurred with the former speaker. He said he found it
interesting that rentals occurred during the three -month period of June through
August during the term of this moratorium and felt the Council should bifurcate this
issue.
Mayor Rosansky, City Attorney Clauson and Council Member Gardner indicated to
prior speakers that this moratorium would have no affect on current rentals, only on
new applications. The IROC Committee was charged with looking at all transient
issues and there was no discussion about moratorium issues.
Phil Allen said in the past he attended one of these facilities and he now runs a
business with several employees. The rules of the facility were strictly enforced and
the center provided him an excellent atmosphere for his recovery.
Pete Anderson said he understood why the short -term rentals were grouped together
with the group homes. He felt it was time to look at short -term rentals because
there are problems with these types of uses.
Denys Oberman thanked Council for addressing the issue and taking a committed
approach to resolving issues of land use management. She submitted a petition for a
moratorium on all types of group homes that was signed by over 400 full time
residents and homeowners. She felt uses should be tracked by the City and
considered in accordance with the City's General Plan.
JoAnn Pittman said her understanding was that the purpose of the moratorium was
to give the City an opportunity to complete a study. City Attorney Clauson
responded that the City was concerned about evaluating uses, not about evaluating
the individuals in those uses. Ms. Pittman said she understood why the issues could
not be bifurcated but was concerned about individuals who may wish to self or
purchase homes during the 45 -day moratorium and beyond.
Dr. Linda Orozco cited several articles and internet information regarding sober
living and drug rehab homes. She chastised the City for not acknowledging the data
regarding the number and location of such facilities. She said there was one facility
in Irvine and the attorney's who instituted the original ordinance belong to a
different firm than was engaged by the City of Newport Beach.
City Attorney Clauson confirmed to Mayor Rosansky that all 44 licensed facilities on
the ADP website and referenced by Dr. Orozco were reflected in her exhibit shown
during staffs presentation. Mayor Rosansky stated that the attorney firm Rutan &
Tucker that prepared the PEP legislation for Newport Beach in 2004 was also the
legal counsel for the City of Irvine.
Lori Morris said she believed that the 73 group homes located on the peninsula
would constitute an over - concentration of group homes. She stated that in her
opinion, short -term rentals are a separate issue and she therefore took exception to
the City lumping the two issues into one ordinance.
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Leslie Ellis asked if after the 45 -day moratorium an investor would be able to
purchase a new property in Newport Beach and be allowed to rent it out. City
Attorney Clauson said it was unknown at this time but it was a possibility
depending on the results of the study.
Bob Rush asked City Attorney Clausen what the definition of the 48 licensed and 25
unlicensed facilities and City Attorney Clausen responded that the definitions were
per the ADP website. City Attorney Clauson stated that the goal is to have outside
counsel work with Planning, Aaron Harp and IROC to resolve land use issues.
Council Member Henn responded to Mr. Rush that the Council needs to determine
the process very quickly and that process would involve community input and
dialogue. City Attorney Clauson responded that Newport Beach had 600 short -term
lodging permits in 2004. The problem the City had in 2004 and the problem the City
has today is that as a residentially zoned community, Newport Beach allows
transient use and has multiple properties that are allowed to have short -term uses.
Irvine does not have that many short -term rentals and other cities do not have such
intense use of short -term rentals, as does Newport Beach.
Jane Shrenowski spoke about how halfway houses had negatively affected her
neighborhood.
David Diamond said that Newport Beach regulates short -term rentals and
individuals can rent for an indeterminate amount of time. Now the City is
attempting to regulate these kinds of facilities that seem to be causing problems.
Residents of the group home next to him throw debris in his yard and it appears that
the habitants are dealing in drugs. He would like to have maps available to the
residents and wanted records of police contact made with rehab homes made
available to the public.
Michael Tidus, attorney, said he was happy that the City was entering into a
moratorium; however, the group his firm represents does not believe that short -term
rentals fall within the same category as group homes.
Edward Dilkes, attorney representing CRC Healthcare, owners of Sober Living by
the Sea, showed an information board indicating calls for service for sober living
homes are a fraction of what they are at adjacent and surrounding homes.
Brian Burke described what the CRC Healthcare indicated and said he would leave
the display with the Council.
Council Member Henn asked City Attorney Clauson if the Council's direction was to
look at uses to which she responded yes. He asked if CRC knew the use of the
properties that had received police calls and Mr. Burke responded that he believed
about 70 percent of the properties were investment properties. Mr. Dilkes said that
most sober living facility owners and operators are familiar with other sober living
facilities in their areas and the property owners were contacted to determine the
uses.
Mr. Dilkes said that Sober Living by the Sea, like the City, would like to understand
what the difficulties are and Mr. Burke took many hours to determine that the
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majority of calls were for rental properties. His client would like to help solve
legitimate and documented problems.
Max Idskin commented that it's difficult to come up with one metric - calls of service
- to determine what happens in a community. Police calls are only one measure by
which problems are determined and solved and most residents don't call the police
unless there is a real problem.
Council Member Curry said that a lot of ideas had been tossed out and wondered if
sober living facilities could be assessed through Transient Occupancy Tax. Council
Member Clauson said that to extent that residents stay for less than 30 days the
City could apply the same regulation. Her understand was that the average stay
was 45 -60 days.
Motion by Council Member Gardner to adopt Ordinance No. 2007 -8, as amended
to include bed & breakfast inns.
Mayor Pro Tem Selich asked for clarification of definitions such as "single- family
uses" and "single housekeeping units ". City Attorney Clauson responded that a
single housekeeping unit is a term that came out of the concept of "family." The
concept in general planning is that sober living residents live together in a single
housekeeping unit and those uses are exempted. Mayor Pro Tem Selich asked City
Attorney Clauson to respond to testimony that this ordinance would place a burden
on short -term rental properties. City Attorney Clauson stated that the restriction
would be that during the 45 -day period there would be no issuance of short -term
lodging permits for new locations or units that had not previously had a short -term
permit.
At the request of Council Member Daigle, City Attorney Clauson reiterated her
previous statement about single housekeeping units that are defined by state law
that they qualify as a residential use and state law dictates that they cannot be
treated any differently than a residential use. City Attorney Clauson said that there
are pending sober living home applications and if these homes are operating as an
independent residential treatment facility and licensed by ADP they will be able to
commence operation during the moratorium period.
Council Member Henn said he regretted there was a moratorium on the table since
it would create hardships. The scope of the moratorium should not be limited
because when the City Council gets all of the facts it will determine what uses
should be regulated and how they should be further regulated.
Mayor Rosansky asked the maker of the motion to consider an amendment to
include board and care facilities. Council Member Gardner agreed to the
amendment.
Following Council discussion, City Attorney Clauson recommended that upon
approval the Council send the matter back to the IROC committee and upon
conclusion direct the Planning Commission to hold a public hearing and following
deliberation make its recommendation to the City Council. Discussion about
timeline and process ensued.
The motion carried by the following roll call vote:
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Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich,
Mayor Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
Recess at 10:12 p.m. and reconvened at 10:20 p.m. with all members except Council Member Webb
present.
XVIII.
18. CITY COUNCIL CONSIDERATION OF DRAFT PRIORITY GOALS FOR THE
COMMUNITY IN FY 2007-2008 1100- 200 7].
City Manager Bludau provided the staff report and explained that staff has
attempted to identify issues and priorities and place a legitimate timeframe on the
items.
Mayor Rosansky questioned why the Sunset Ridge Park conceptual plan would take
a year. City Manager Bludau responded that staff would need to talk with the
consultant to determine an accurate date.
Council Member Henn said his understanding was that the goal for developing the
traffic management plan had mainly to do with synchronization and he felt the goal
should include roadway and intersection improvements. Assistant City Manager
Badum said the goal was to be all- inclusive; however, the timing would be a function
of need and dollars for the 18 intersections.
Council Member Henn felt the goal should at least identify the fact that as
development occurred an impact fee structure would be formulated to deal with
roadway improvements. Assistant City Manager Wood explained that in accordance
with the General Plan the Council identified August 28a' for adoption of the updated
fair -share fee.
Council Member Henn questioned the completion date of February 2008 for the
Institute Organizational Performance Effort because he believed it would be too late
to have an impact on next year's budget. City Manager Bludau believed the timeline
would help with the next budget appropriation based on staffs schedule. He
indicated that staff would bring the list back to Council for further consideration.
Council Member Gardner asked that the list be placed on the City's website.
Council Member Daigle asked for softer language on the Water Quality
Readjustment Process.
Motion by Council Member Henn to adopt the priorities and preliminary action
plans with the correction to the timing for Sunset Ridge Park.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich,
Mayor Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
19. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE
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City of Newport Beach
City Council Minutes
April 24, 2007
TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE
FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES
SCHEDULED TO OCCUR ON JUNE 30, 2 0 0 7 1100-20071.
Motion by Mayor Rosanskv to confirm the Mayor's appointment of Mayor Pro
Tem Selich, Council Member Henn and Mayor Rosansky (Chair) to serve on the ad-
hoc appointments committee to review applications and make recommendations to
the full Council for the Board and Commission vacancies scheduled to occur on
June 30, 2007.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich,
Mayor Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
XX. MOTION FOR RECONSIDERATION -- None
XXL ADJOURNMENT -10:85 p.m.
The agenda for the Regular Meeting was posted on April 19, 2007, at 2:00 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
The supplemental agenda for the Regular Meeting was posted on April 20, 2007, at 2:20 p.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
Recording Secretary
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