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Home My WebLink About01/11/2010 - Adjourned Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting January 11, 2010 — 5:30 p.m I. CONVENED IN.OPEN SESSION - 5:30 p.m. II. CLOSED SESSION - Recessed to Closed Session at 5:31 p.m. A. Conference with Legal Counsel - Existing Litigation Government Code $ 54956.9(a)) : Eleven matter(s): 1. Group Homes Matters: Five matters all arising out of the Group Homes litigation brought against the City, as follows: a. City of Newport Beach v. Morningside Recovery, a cross -claim in the Concerned Citizen's v. City of Newport Beach matter, (the Concerned Citizen's complaint has been previously resolved to the satisfaction of the parties and is no longer pending.) - U.S. District Court Case No. SACV 08- 00192 -JVS (RNBx) b. Sober Living By The Sea v. City of Newport Beach - U.S. District Court Case No. SACV 08 -00200 JVS (RNBx) C. City of Newport Beach v. Morningside Recovery - Orange County Superior Court Case No. 07CC11694 d. Pacific Shores v. Newport Beach - U.S. District Court Case No. SACV 08 -00457 AG (PLAx) e. Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case No. SACV 09 -0701 DOC (ANx); 2. Group Homes Matters: Six matters all arising out of the Group Homes investigation brought against the City, as follows: a. Pack Shores v. Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -08- 0592 -8 b. Newport Coast Recovery v. City of Newport Beach - U.S. Dept. of Housing & Urban.Development Investigation No. 09- 09- 0713 -8 o. Paul Murdoch v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0831 -8 d. The Kramer Center v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09-09- 0833 -8 e. Oxford House v. City of Newport Beach - U.S. Dept. of Housing Volume 59 - Page 357 City of Newport Beach City Council Minutes January 11, 2010 & Urban Development Investigation No. 09-09- 0830 -8 f. Yellowstone c. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0834 -8 Reconvened at 6:00 p.m. City Attorney Hunt noted that there was no reportable action out of Closed Session. III. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle IV. PUBLIC HEARING 1. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMITS AND REASONABLE ACCOMMODATIONS - YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC. - 1561 INDUS (UP 2008 -084) (RA 2009-004) (PA 2008 -105); 1621 INDUS (UP 2008 -035) (RA 2009 -005) (PA 2008 -106); 1571 PEGASUS (UP 2008-086) (RA 2009 -006) (PA 2008 -107); AND 20172 REDLANDS (UP 2008 -037) (RA 2009 -007) (PA 2008 -108) [68- 10012010]. [Continued from the 9122109, 11124109, and 12102109 Council meetings] City Attorney Hunt presented the legal issues of the appeal. Associate Planner Brown utilized a PowerPoint presentation and presented the locations of the Yellowstone Homes, the use permit applications, previous public hearings, the adopted resolutions, reasonable accommodation requests, and appeals filed by Yellowstone. Deputy City Attorney Wolcott presented staffs analysis of the amended reasonable accommodations requests and supplemental items. She reviewed the definitions of reasonable accommodation and single housekeeping unit, and reported on evidence of necessity and staffs recommendations. Appellant Counsel Steven Polin presented the Appellant/Applicant's position, expressing concern over the City's analysis of reasonable accommodations, discussing the therapeutic benefit and financial necessity of having a group of twelve reside at one location, and noting that the ordinance does not include an accommodation for disabled people. He discussed annexation issues and lack of County enforcement, exceptions for single housekeeping units, the family values and group functionality in the group home environment, and code requirements. He noted that the Yellowstone homes will now be run by Oxford House. In response to Council questions, he noted that curfew rules are specific to Yellowstone facilities and may change, discussed the four Yellowstone homes that are now certified and operated as Oxford Houses. Mayor Curry opened the public hearing. Stephen Abraham expressed concern that Yellowstone rules not being followed, discussed previous hearings, discussed the number of bedrooms in each home, and felt that the appeal should be denied. Chet Groakreutz discussed his experiences with alcoholics and the difference Volume 59 - Page 858 City of Newport Beach City Council Minutes January 11, 2010 between Alcoholics Anonymous and a group home program. He expressed support for Council denying the appeal. Michael McDonough felt that Yellowstone residents violate the rules and asked Council to deny the permit. Larry Mathena emphasized that Yellowstone has surrendered its control to Oxford House and expressed concern that there will not be a landlord to enforce the rules at the group homes. Barry Walker discussed housing occupancy, use permit requests, fire department regulations, fire hazards due to smoking, facility vans parked in the neighborhood, Yellowstone presence in the neighborhood, and rule enforcement at the homes. Judy Hoyer Walker believed that Yellowstone is not monitoring its facilities since it is now a self- governed Oxford House, and expressed concern that the fabric of the neighborhood is being damaged. Appellant Counsel Steven Polin discussed the Oxford House model, addressed neighbor concerns, noted that Yellowstone is still responsible for its facilities, and discussed fire clearances. Hearing no further testimony, Mayor Curry closed the public hearing. City Attorney Hunt noted that tonight's hearing is to address the question of whether or not substantial evidence exists in the record for the Hearing Officer's determination. He further noted that anything said at tonight's hearing is not evidence if it does not already exist in the record but considered argument, therefore, the Oxford House issue and resident testimony cannot be used for the basis of a decision. He noted that staff analysis as reflected in the record is considered substantial evidence. In response to Council questions, he clarified that Council should review the record to see if it supports the Hearing Officer's determination, discussed the difference between a single - family unit and a single housekeeping unit, and stated that the record is sufficient to sustain the decision of the Hearing Officer. Kit Bobko, Special Counsel, discussed evidence relative to financial and therapeutic benefits. He pointed out that there are no facts in the record to support financial necessity and there is lack of evidence to support the need for twelve people in the home when legislature states that six people are sufficient. He reported that the hypothetical situations posed to the Orange County Planning Department and staff investigations do constitute substantial evidence, and reiterated that the Oxford House organization is considered new evidence and should not be taken into consideration tonight. Council Member Daigle noted that Council has made every effort to retain the single -family residential character of the neighborhood. Council Member Gardner felt that there is substantial evidence to support the Hearing Officer's findings. Mayor Pro Tern Henn also expressed support for the Hearing Officer's decision. Motion by Council Member Daigle seconded by Council Member Gardner to a) determine that there is substantial evidence in the record to support the Hearing Officer's decision to deny Yellowstone's application for the use permits and reasonable accommodations; b) sustain the decisions of the Hearing Officer since Volume 59 - Page $59 City of Newport Beach City Council Minutes January 11, 2010 substantial evidence supports the denials; and c) direct staff to bring back a resolution at the January 26. 2010 meeting to be adopted consistent with this decision. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle V. PUBLIC COMMENTS - None Vi. ADJOURNMENT - 7:21 p.m. The agenda for the Adjourned Regular Meeting was posted on January 6, 2010 at 8:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. �4aA�Q � City Clerk Recording Secretary Mayor Volume 59 - Page 360