HomeMy WebLinkAbout15 - Council PrioritiesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
October 28, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Homer Bludau, City Manager
9491644 -3000 or hbludau @city.newport- beach.ca.us
SUBJECT: Council Review of Staff Status Progress Report on Six of the City
Council Priorities for 2008
ISSUE:
Does the City Council have any comments regarding the status reports on the six
Council priorities reported on by staff?
RECOMMENDATION:
Review and comment, as needed.
DISCUSSION:
Background:
On Saturday, January 12`h, the City Council held a special Council meeting in the
Friends Room of the Central Library to determine its priorities for 2008. Prior to the
meeting, each Council member independently nominated three priorities for priorities
consideration. During the special meeting, each Council member shared their reasoning
for nominating their three issues. Since there was strong consensus, it did not take the
City Council long to determine its 12 priorities for the 2008 year.
In order to ensure as much progress was made on these 12 priorities as soon as
possible, the City Manager agreed to recommend key actions steps and schedules for
meeting the key action steps in order to better manage our work on Council's priorities,
and then to make reports on six of the priorities each month, starting in March. The
Council approved his recommendations with some minor changes at its February 12`h
Council meeting. This is the seventh status report of the year. The six priorities being
reported on in no particular order are as follows:
City Council Priorities
October 28, 2008
Page 2
• Move forward with the planning, processing and construction of a new city hall.
• Regularly update the Facilities Financing Plan (FFP) and implement the planning,
financing and construction of the identified projects.
• Implement new group residential ordinances; work at the State and Federal levels to
allow local government greater ability to regulate secondary effects on an
overconcentration of group homes.
• Prepare and implement a Water Quality Master Plan (WQMP) that addresses and
prioritizes our water quality needs into the future.
• Institute an organizational performance improvement effort through data gathering
and the identification of service benchmarks to measure organizational effectiveness
• Conduct an appraisal of the Banning Ranch property and assess funding available
for the purchase of the property for open space
Additional status reports will be provided at the second Council meeting of each month
for the remainder of the calendar year.
The format used for the status reports is a simple one. If Council members have
suggestions for different reporting formats, the City Manager is open to that. These
status reports will always be placed on the Consent Calendar, which will provide
Council the opportunity to pull the item and discuss any or all of the six priorities being
reported on.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item has been noticed according to the Brown Act (72 hours
in advance of the meeting at which the Council considers the item).
Submitted by:
kw4l�vv- Z-- -
HOMER L. UDAU
City Manager
Attachments: 2008 Council Priorities Indicator Tracker
City of Newport Beach
2008 Council Priorities Indicator
Tracker
Seventh Report
Date published: October 28, 2008
Presented by: Homer L. Bludau
MOVE FORWARD WITH THE PLANNING, PROCESSING AND
CONSTRUCTION OF A NEW CITY HALL
Objective
Council decides city hall location on
February 26, 2008
Accomplished on February
February 26'h
26'"
Council determines architect selection
March 11, 2008
Accomplished on March 111°;
process
Committee appointed on 25th
Geotechnical consultant retained
March 11, 2008
Accomplished on March 11'h
Selection process and decision on
March 25, 2008
Deferred until completion of
Contract Program Manager
architect selection
Staff update of city hall needs assessment,
March 25, 2008
To be determined by Building
review with Council
Committee
Traffic consultant retained
April 8, 2008
Preliminary analysis submitted
to the City Council on May
13'h, became part of General
Design Parameters
Architect RFQ due to City Hall Design
May 19, 2008
51 firms submitted
Committee
qualifications by the deadline
Council selects architect finalists
June 24, 2008
Five firms selected at June
20 Council meeting
Design submissions by architects due
September 19, 2008
Five firms presented Concept
Plans to the Design
Committee on Saturday,
September 27, 2008.
Conceptual development/public outreach
November 12, 2008
Public outreach underway,
completed
with models and display
boards at various city
locations. Two more public
meetings held after the 9 -27
presentation meeting.
j Program running on NBTV.
City Council approves concept plan
November 25, 2008
City Council approves PSA with architect
November 25, 2008
EIR process begins
November 26, 2008 —
April 2009
Schematic design phase
April — September 2009
Design development phase
October 2009 — January
2010
Construction document phase
February — June 2010
Objective Target Action
Construction prequalification / July — August 2010
bidding
Under construction September 2010 —
January 2011
FF &E/move in completed March 2012
Comments: The City Hall Design Committee is working on its draft final report to the City Council, and
intends to submit that draft on or about November 12, 2008, asking for comments from the Council on the
draft at that time.
REGULARLY UPDATE THE FACILITIES FINANCING PLAN (FFP) AND
IMPLEMENT THE PLANNING, FINANCING AND CONSTRUCTION
OF THE IDENTIFIED PROJECTS
Objective
Target
Action
Council Finance Committee reviews FFP
March 15, 2008
We have not met with the
cost estimates, scheduling and revenue
June 30, 2008
Council Finance Committee
assumptions; discusses potential funding
October 15, 2008
pending decisions by the City
options for initial projects; and makes
Council on major facilities,
recommendations to Council as
including OASIS funding and
appropriate
City Hall.
Council Finance Committee makes
April 22, 2008
The Council Finance
recommendations to Council regarding
Committee is meeting on
space needs analysis for FFP projects
November 6, 2008, to begin
the decision process for the
first debt issuance.
Council Finance Committee's
May 13, 2008
It is anticipated that Finance
recommendations come to Council for
Committee recommendations
decision on space needs analysis for FFP
for the first debt financing will
projects
come to the City Council after
the beginning of the new
calendar year.
Comments: The Facilities Financing Plan will be continually updated as the cost and scope of projects
such as OASIS, Marina Park, City Hall and Sunset Ridge are known. The Sunset Ridge Park concept will
be coming to the City Council for final approval in June; the next step will be to proceed with design. After
the preliminary design has been approved by the City Council, the Council Finance. Committee will look at
the timing and financing needs of both the OASIS and Sunset Ridge Park projects and make
recommendations to the City Council regarding financing alternatives.
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IMPLEMENT NEW GROUP RESIDENTIAL ORDINANCES;
WORK AT THE STATE AND FEDERAL LEVELS TO ALLOW LOCAL
GOVERNMENTS GREATER ABILITY TO REGULATE SECONDARY
EFFECTS OF AN OVERCONCENTRATION OF GROUP HOMES
Objective
Target
Hold public hearings and adopt new Group
January 22, 2008
Accomplished
Residential Ordinances, set forth new
qualifications for Hearing Officers via new
Council Policy (F -26)
Issue Request for Proposals for Hearing
February 2008
Completed
Officers
Develop new Use Permit application for
February 2008
Completed
Group Residential Uses
Determine all existing legal, non-
February-March 2008
Completed
conforming uses in residential districts;
notify all property owners/occupants who
may need to apply for Group Residential
Use Permits
Obtain budget amendment (contract
March 2008
Budget concerns addressed.
planners, legal counsel, hearing officers,
more) and proposed changes to Code and
Water Quality Enforcement Division
Seek out and retain contract planners to
March -April 2008
Three firms selected.
begin review of Use Permits
Legal Defense of Ordinance
Ongoing
In mid -May 2008, Judge
James Seine denied most of a
preliminary injunction by
SLBTS to block the
Ordinance's implementation —
Selne did block the "integral
facilities/uses" portion of the
Ordinance from taking effect
Use Permit Application Deadline
_
May 22, 2008
29 applications representing
319 beds and 32 separate
unitstaddresses were
...._...__.._ ...,_..._.— __._.,_
submitted at the deadline.
...... ..... ..
Abatement proceedings.
_._ ........ ....... .... — — -- ._._..........._._
May 23, 2008
_..__... --- _..- .._........ - - - - - ---
On May 23, 2008, abatement
letters sent out to about 18
facilities representing 220
- -- —...— - - -- —..
beds.
_.. --
Schedule, prepare for and hold Use Permit
- — . ... . ......... .......... ... .._.. ---. ..........
August - October 2008
...._-- ._..... - --- - -- ...._....-......._ - --
Applications under review for
application hearings
completeness — they came in
various states. This process
took significantly longer than
expected.
Objective
Follow -up on Use Permit condition
March - December 2008
Not yet started, since no UPs
adherence
and ongoing
have been issued.
Staff all appeals, requests for reasonable
March - September 2008
Three firms selected to serve
accommodation, requests for time
as contract planning staff.
extensions of abatement periods
Bi- monthly reports to the City Council
Every 2 months through
This report is part of
December 2008 and
accomplishing this task.
ongoing
Involve the City and its governmental
Ongoing
City asked Governor
advocate in State Legislative efforts to give
Schwarzenegger to veto SB
localities greater local control to mitigate
992, and he did.
the adverse impacts of an over
Councilmember Henn made a
concentration of group homes.
presentation at the League of
Cities conference, and the
League also passed a
resolution urging further
regulation of group recovery
homes. The City declared its
opposition to Proposition 5.
Other items shown on Implementation
Summarized here
Plan (sent to City Council on January 22,
2008)
Comments: The Group Residential Use process remains challenging for the City, as we try to protect the
rights of the disabled to fair housing and to eliminate any adverse impacts from an over concentration of
group homes, especially recovery facilities.
On the Legal Front. Pacific Shores Recovery and Sober Living by the Sea (SLBTS) filed lawsuits
against the City in California Superior Court that challenge the validity of Ordinance 2008 -05. In addition,
Concerned Citizens of Newport Beach (CCNB), a group of area residents, also filed suit in Superior
Court, asking for $250 million in damages and claiming generally that the City's ordinance did not go far
enough to restrict group homes. The City moved to consolidate as many legal cases as possible in
Federal court to achieve a rapid and cost -effective determination by the Court as to the implementation of
Ordinance 2008 -05.
In addition to the lawsuits, Pacific Shores Recovery and SLBTS both filed separate fair housing law
complaints with the US Department of Housing and Urban Development (HUD), alleging discrimination by
the City. These complaints have since been referred by HUD to the US Department of Justice.
On May 12, 2008, Judge James Seine of US District Court heard a motion by SLBTS to enjoin the City
from enforcing Ordinance 2008 -05. Judge Selna stayed a portion of the ordinance relating to "integral
facilities." Seine's stay generally stated that he believed that the California Department of Alcohol and
Drug Programs (ADP) was the only government agency entitled to decide if a licensed treatment facility
was integrated or not. Selna allowed the rest of the Ordinance to go forward pending trial. As a result,
about 80% of the recovery beds in the city remain subject (at least for now) to the Use Permit process
described in the Ordinance.
In early June 2008, the City initiated three -way mediation between the City, SLBTS and CCNB. The
session lasted two days, and resulted in a "term sheet between the City and SLBTS. The term sheet has
since been drafted into a Settlement Agreement and a Zoning Implementation and Public Benefit
0
Agreement. The terms of the proposed agreements have been presented to the Council at a public
meeting and to several community organizations. We expect the Planning Commission to hold the first of
the three public hearings on these agreements in November 2008. No settlement was reached with
CCNB; however, CCNB has dismissed its lawsuit against the City.
Use Permits. At the same time, contract City staff is reviewing the 29 applications representing 319 beds
and 32 separate units /addresses that were submitted by the May 22, 2008 use permit application
deadline within the Ordinance. As the application deadline passed, we issued abatement letters in
advance of the Ordinance's February 22, 2009 abatement deadline. Eighteen facility operators
representing properties with about 220 beds received abatement letters.
The review of the use permit applications, despite being done by private sector consultants as contract
City staff, has taken much more time than we had expected. The list of documents that each applicant
must provide under the Ordinance is long, and no operator submitted a complete application by the May
22, 2008 deadline. However, because it has been the City's long -time practice to allow Use Permit
applicants a reasonable amount of additional time to complete application packages, legal counsel has
directed us to avoid discriminatory practices by following the same practices with Group Residential Use
Permit applicants. That said, the following applications are close to or at complete status, allowing us to
plan for noticed use permit hearings within the next 60 days:
Ocean Recovery — two ADP - licensed facilities (22 beds at 1115 West Balboa, 16 beds at 1601 West
Balboa);
Balboa Horizons Recovery — one ADP - licensed facility (11 beds, 1132 West Balboa);
Other applicants include:
• Kramer Center — two unlicensed facilities (six beds each) in one duplex at 281h Street;
• Naroonon Southern California — one large ADP - licensed facility for 49 occupants at 1810 West Ocean
Front; and
• Newport Coast Recovery — one large ADP - licensed facility for 29 beds at 1216 West Balboa.
The following applicants have applied for "Reasonable Accommodation ":
• Pacific Shores Recovery — three unlicensed sober living homes at the corner of Clay and Orange.
The City is in litigation with Pacific Shores for violating the 2007 moratorium on new or expanded
group residential uses; and
• Yellowstone Recovery — four unlicensed sober living homes in West Santa Ana Heights. Yellowstone
applied for use permits as well as for reasonable accommodation.
There are no other applications under review. One major operator, Morningside Recovery, has told us
that they intend to apply to ADP for up to eight $) "6 and Under" treatment licenses for their existing
unlicensed facilities on River Avenue and on 39 h Street. Morningside ignored the City's use permit
application deadline, choosing not to apply for use permits. Further, the City sued Morningside for
opening a facility along River Avenue in violation of the 2007 moratorium. The City intends to oppose
Morningside's ADP applications for separate 6- and -under licenses on the grounds that Momingside's
facilities will be integrated together — therefore, ADP should not consider licensure of these facilities
unless Morningside applies for ADP - licensure as, for example, one 48- person facility.
Legislative Front. In both 2007 and 2008, the City worked with State Senator Tom Harman in an
unsuccessful attempt to pass SB 1000 (Harman, R- Irvine, 2008) which would have helped localities
ensure that state - licensed treatment facility applicants comply with local zoning. This advocacy involved
direct lobbying of legislators (via David Jones of Emanuels Jones and Associates), letters to legislators,
two visits to Sacramento to testify at Committee hearings (by Council Member Rosansky and Council
Member Henn) and extensive a -mails to other cities similarly situated and who attended our March 2007
Residential Recovery Facilities conference here in Newport Beach.
The City also followed AB 2903 (Huffman, D -San Rafael, 2008), which at one time would have required
ADP to stop licensing integrated "6 and Unders" as separate facilities, as ADP does here in Newport
Beach and did in many other cities, including Sausalito, CA. AB 2903 was held in the Assembly
Appropriations Committee, and only was passed out of committee when most of its more meaningful
provisions were amended out Assembly Member Huffman's staff has told his Marin County constituents
that Huffman intends to introduce an "integral facilities" bill in 2009, and the City will review it at that time
with the intent to support it. The City also may ask Senator Harman to consider a comprehensive ADP -
reform bill in 2009.
Also in 2008, the City followed the progress of the League of California Cities - supported SB 992
(Wiggins, 2008). This bill would have established a new classification of homes subject to state review
and certification — Adult Recovery Maintenance Facilities or "ARMFs ". ARMFs would be what we
consider to be sober homes, where persons in recovery reside but do not receive treatment onsite. The
City appreciated the intent of the bill, which would have professionalized and improved the management
of sober homes, but we did not support the bill overall for this reason: It set forth a new "loophole" that
ADP and operators could use to certify and place an unlimited amount of "6 and Under' ARMFs in
communities without regard to local zoning. Mayor Selich wrote a letter to Governor Schwarzenegger
asking Schwarzenegger to veto SB 992, which the Governor did.
The City also took a position to oppose Proposition 5 on the November 4, 2008, General Election ballot.
The City believes that Proposition 5 is too lenient on persons charged with drug - related crimes, would
unwisely increase the number of persons eligible for alternative sentencing, and would not benefit
communities given ADP's continued willingness to disrespect local zoning.
Staff will continue to implement the Ordinance. Detailed information about the City's ordinance, the Use
Permit application for Group Residential Uses, and more is on the City's website under "Group Homes."
For more information about this Priority, contact Dave Kiff, Assistant City Manager, at dkiff23lcity.newport-
beach.ca.us or call 949 - 644 -3002.
PREPARE AND IMPLEMENT A WATER QUALITY MASTER PLAN
(WQMP) THAT ADDRESSES AND PRIORITIZES
OUR WATER QUALITY NEEDS INTO THE FUTURE
Objective
Target
Action
Meet with the Coastal -Bay Water Quality
January 10, 2008
Completed
Committee to discuss the concept of a
WQMP
-
-- -- - - - -
- - — - - - -- - - -
Form a subcommittee of Coastal -Bay to
— ............. -- - -
January 17 and February
--- -- - - - --
Completed
work with staff to develop the framework of
8, 2008
the plan and review the draft plan
Bring the draft plan back to Coastal -Bay
February 14, 2008
Discussed twice, expected to
for consideration and approval of broad
come back to Coastal Bay
priority projects
_.._._..._.. _— __.... -- --- __- .....--- - - - - -- --
- -._........ .... -- ....... ....... ......... ......... ._..._...-- .- .- .- ..
June 12
-..--- - - -- ....... -- ---- - - - - --
Take Coastal -Bay's priority projects and
Priority projects include a
put a funding plan with them, similar to the
preliminary funding plan
Facilities Financing Plan
—
Bring the WQMP to City Council for a
Moved to November
Pending
Study Session
2008
With direction from the Study Session,
Not applicable yet
finalize the WQMP in the context of the FY
2009 -10 City budget
Implement the WQMP's projects and
During FY 2009 -10 and
Not applicable yet
monitor and adjust the Plan based on
beyond
actual events
---..___._....._._._._ ........
..................... .... .... ................ .... __
Review the Plan annually both with
-------
_ ---- ..__.—..—_._.__._._.. .
Not applicable yet
Coastal -Bay and with the City Council;
receive corrections and changes at that
time to keep the document an iterative
document
Comments: The Council/Citizens Coastal -Bay Water Quality Advisory Committee set up a subcommittee
to work on the Water Quality Master Plan with Assistant City Manager Dave Kiff. The Draft Plan, which
the Committee has seen three times by the date of this staff report, is fairly robust in terms of what can be
done in the community. Funding the Plan will always be a challenge.
The Draft Plan is available on the City's website under Coastal -Bay Water Quality Committee. For more
information about this Priority, contact Dave Kiff, Assistant City Manager, at dkiff0citv.newoort-
beach.ca. us or call 949 - 644 -3002.
INSTITUTE AN ORGANIZATIONAL PERFORMANCE IMPROVEMENT
EFFORT THROUGH DATA GATHERING AND THE
IDENTIFICATION OF SERVICE BENCHMARKS TO MEASURE
ORGANIZATIONAL EFFECTIVENESS
Objective
Target
Action
Benchmarking contract with ICMA
January 8, 2008
Completed - January 8, 2008
approved by Council
Customer satisfaction survey results
February 1, 2008
Completed - February 1, 2008,
reviewed by Council Finance Committee
and February 4, 2008
on (3 surveys)
ICMA consultant team's first visit; review
February 4 and 5, 2008
Completed - February 4, 2008
with Finance Committee and Management
Team the benchmarking process; ICMA
team reviews City's priorities, customer
survey results
ETC Institute (survey team) makes
February 12, 2008
Completed - February 12,
presentation to Council on customer
2008
satisfaction survey results
ICMA review and analysis of City and
February-March 2008
Ongoing
comparable jurisdiction data; assessment
of organizational culture
ICMA team augments performance
May -June 2008
We met with the Finance
indicators proposed by City staff to meet
Committee on July 9th to
the needs of the City; makes presentation
review the proposed
to Council Finance Committee
benchmarks; Council is
expected to approve the
benchmarks on Aug. 12th
ICMA team recommends and provides
February- August 2008
Training on how to do
course of training for staff
benchmarking is ongoing
ICMA team recommends a list of peer
May -June 2008
The City Council approved the
cities to do benchmarking against
jurisdictions to be used for
benchmarking comparisons on
September 9, 2008.
ICMA team recommends a performance
May -July 2008
Ongoing
measurement methodology and process
that is tailored to the City's needs
ICMA team prepares a final report and
September 15, 2008
The final report is now
presentation to the City Council
tentatively scheduled for
completion after the beginning
of the new calendar year
based on the high work load of
the IT Division. The report
should be provided by March
31 st
10
Comments: The Benchmarking Project was kicked off on February 281° with a meeting of department
directors, facilitators and coaches. Their work will continue in April with the identification of benchmarks.
ICMA is scheduled to meet with the Finance Committee on May 30'h with another meeting to be
scheduled in June.
11
CONDUCT AN APPRAISAL OF THE BANNING RANCH PROPERTY
AND ASSESS FUNDING AVAILABLE FOR THE PURCHASE OF THE
PROPERTY FOR OPEN SPACE
Objective
Target
Action
Obtain a copy of appraisal on the Boise
February 10, 2008 I
ROG requested to obtain
Chica land sale for open space
..... . ....... .......... . .. . .... . .......... ...........................
....... . ................. . ...
appraisal
...... ........ ........
. .... . .. .
Council ad-hoc committee meets with
August 8, 2008
Council Committee directed
interested parties to discuss the
staff to retain Resource
qualifications and process for the hiring of
Opportunity Group, LLC as
an appraiser
open space acquisition
consultant; contract executed
July 18, 2008. Council
committee members,ROG and
staff met with interested
parties to discuss appraisal
process August 6, 2008
RFQ for appraiser is ready for distribution
August 29, 2008
Proposals received from four
appraisal firms, who were
interviewed by ROG and staff.
Council committee directed
staff to prepare agreement
with Buss-Shelger Associates
September 17, 2008.
Council approves contract for appraiser
September 9, 2008
Contract with Buss-Shelger
Associates executed October
8, 2008.
Meeting with interested parties and
August 8, 2008
Buss-Shelger had first meeting
appraiser to discuss the appraisal process
with property owners and staff
October 20, 2008.
Appraiser meets with interested parties to
January 16, 2009
Not applicable yet
review preliminary appraisal findings
Council approves appraisal document;
December 9, 2008
Not applicable yet
Council subcommittee recommends a
process to the City Council for determining
funding availability for purchase of Banning
Ranch for open space; Committee makes
hiring recommendation for funding
assessment consultant
Council subcommittee reports to City
February, 2009
Not applicable yet
Council on funding availability
Comments: Contract with Buss-Shelger Associates does not call for a formal appraisal report, subject to
all of the professional appraisal guidelines and requirements, at this time. State agencies won't work on
funding an acquisition until there is an agreement with property owners, and we need an estimate of
value to open discussions with owners. In addition, State is required to perform its own appraisal for
12
acquisitions of more than $25 million. Our contract asks the consultant to establish a range of value
based on conservative and optimistic development scenarios developed in consultation with City, Coastal
Commission staff, other agencies, and property and mineral rights owners. Each of the scenarios will be
evaluated based on market transfer of similar lands, with allowance for locational influence, project size,
entitlements status and timeliness, oil impairments and other environmental constraints. Based on this
analysis, a preliminary assessment will be provided in a concise Phase I report, expected by the end of
December.
If the City authorizes Phase 11, the consultant will prepare a detailed narrative appraisal on all or portions
of the property as determined by consensus of all parties involved. The appraisal will be prepared in
conformance with California Department of General Services appraisal requirements.
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